TERMS AND CONDITIONS

IP And broadband services:
Customer Agreement and
terms and conditions

 

 General Acknowledgement:

Swazisat Ltd. is an ESCCOM registered dealer of Vsat (Very small aperture terminal) satellite and data communications equipment. The company is majority Swazi owned and registered in Swaziland with its head offices in Mbabane. It uses fully trained and accredited Swazi wireless communication engineers.

Summary of the terms and conditions as set out below:

  1. All services are prepaid or pre agreed payments or stop order.
  1. A one month non refundable security deposit is charged for data bundles and hardware rental.
  1. Installation and travel Km is charged according to our published price list 
  1. The minimum term contract for any service is month to month or 30 days.
  1. Tariffs are 24 month contracts unless otherwise stated.
  1. Exchange rate surcharges may be applied as required.
  1. Swazisat will not be liable for losses or damages.
  1. Swazisat does not provide IT support. This this must be provided by our recommended third parties.

These terms and conditions may be viewed on our website

https://swazisat.co.sz/terms-and-conditions/

Terms and Conditions:

High Speed Internet and Enterprise connections.

For all new registrations unless otherwise stated, there is a minimum of a one-month non-refundable security deposit. Installation and travel charges will be applied as set out in the published price list.

M2M (month to month) or 30 Day contracts will be charged at a 10% premium and comes with the advantage that you may quit or suspend with 30 days’ notice. If you chose to suspend then you will only be charged for your equipment hardware rental if that is applicable.

12 or 24 Month contracts and cannot be terminated early. If you fail to pay then you will be charged for the remaining contract period.

Our prices are based on our supplier USD prices. In the event of excessive devaluation of the local currency we will charge a forex fee for the devaluation period. 30 days’ notice will be given if we intend to do this.

At the start of the contract a one month security deposit will be charged. You will also pay an advance rental for the whole of the following month. For the current billing period you will pay a fraction of the 30 Day month that you use the system, therefore if you install within a month (not at the start or the end) then you will be charged (monthly rate /30) times the remaining days of the month

Swazisat or any of its agents or third-party providers is only responsible to bring/provide service to the locations demarcation point. Under no circumstance or condition are any of the above responsible for any inside wiring, internal repairs or equipment and its associated software.

If you are on a contract other than a M2M or 30 day contract and payment is not received by the 25th of the month and we have received no communication then we will automatically assume that you are disconnecting and we will use your security deposit to continue service for the next 30 days. Your service will automatically cease at the end of that grace period. You may reconnect at any time by applying for a new tariff and paying the appropriate security deposit and connection fee if applicable. If you were also using rented equipment then then the rent arrears would still be chargeable.

If paying by Cheque, please note that hardware may not be shipped until payment has cleared the bank which may take up to 6 business days. Note that a cheque handling fee of 5% will apply if amounts are below SZL 10,000.00

By arrangement accounts that over due by more than 30 days will have a handling charge applied, typically 15% per month and/or a 30% one off collection fee applied if terms are not met.

Customer Obligations

The Customer shall:

  1. Ensure that the equipment and services they have ordered is compliant with the regulators type approval and RF licencing.
  2. For any third party equipment or software, arrange for the supply, installation and maintenance of such equipment.
  3. Understand that service is available only where technology, and environmental conditions permits.
  4. Rates do not include correction to wiring problems or software problems at customers’ premises.
  5. Ensure always that the Swazisat Provided Equipment is stored in a manner and in an environment which conform to the relevant equipment manufacturer’s specifications; This includes surge protected power adapters and UPS equipment when recommended.
  6. Be responsible for the loss of and risk or damage to the Swazisat Provided Equipment.
  7. Provide all necessary infrastructures, including, grounding and anti-static environments required for the safe and efficient operation and maintenance of the Swazisat Provided Equipment in accordance with Eswatini, ICASA or other specifications or regulations as applicable.
  8. Permit Swazisat or its partners prompt and safe access to its premises for the purpose of performing its obligations under the service(s) provided or disconnecting and removing Equipment.
  9. The Customer, its agents, employees or representatives shall not commit any act or cause or permit any act to be committed or provide any services which will conflict with or affect in any way the provision of the Services by Swazisat
  10. The Customer shall solely be responsible for use of the Services by any of its employees, officers, directors, agents as well as its end users and agrees to take all necessary measures to ensure that such persons use the Services in accordance with these terms and conditions.
  11. Unless dedicated bandwidth is supplied then the Customer agrees to comply with (i) the Internet Use Policy set forth herein, which policy may be amended by Swazisat from time to time. Swazisat shall not be responsible if any changes in the Services caused by the regulatory authorities or equipment, hardware or software not provided by Swazisat become obsolete, require attention, or otherwise affect performance of same. Swazisat will to its best endeavours provide the Customer with one (1) months’ notice of such changes.
  12. Swazisat reserves the right to take all actions, including immediate suspension of the Services, which it considers necessary to assure compliance with the Customer Obligations. The Customer will be responsible for all additional costs, liabilities and expenses incurred by Swazisat resulting directly from a breach by Customer of this Section.
  13. The customer shall not make Swazisat liable for any losses, damage or otherwise and understands that all service are supplied on a best efforts basis unless otherwise covered in an extended service level agreement.

 

Warranty

  1. The Customer acknowledges that Swazisat does not warrant uninterrupted or error free Services or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by Customer or its end users using the Services. Swazisat shall be permitted from time to time to interrupt the Services to provide maintenance to the Services, as more specifically set out in the Schedules.
  2. Customer acknowledges that any third-party services such as website hosting, email clients and other third-party software installed on PCs or other computing devices are outside of the scope of the internet service provision and will need to be configured by a duly authorised technician contracted for those purposes.
  3. The warranties provided in this Agreement are in lieu of all other warranties and conditions. The Customer hereby waives all other warranties and conditions, express, implied or statutory, including any warranty of merchantability, fitness of a purpose, or availability or reliability of the Services.

Remedies

Swazisat and the third-party provider’s total cumulative liability, if any, to the customer for damages arising out of or in connection with this agreement will in no event exceed the total aggregated monthly charges paid by the customer during the period that such damages were incurred, such period not to exceed ninety (30) days.

Termination

  1. Swazisat may terminate this Agreement in the event the Customer fails to pay any amount payable hereunder when due and fails to remedy such breach within two (7) days after receiving written (by email, mail or fax) notice thereof from Swazisat .
  2. Customer may terminate this Agreement in the event Swazisat fails to provide the service requested hereunder when due and fails to remedy such breach within thirty (90) days after receiving written (by email, or mail) notice thereof from Customer. The sole remedy for such breach is the value of up to one (1) months service, unless mutually agreed by both parties.
  3. The customer must provide Swazisat 30 days’ notice ahead of the monthly renewal date. If a confirmation notice has not been received by the customer from Swazisat for the cancellation it will be assumed the cancellation has not been received. It is the responsibility of the customer to ensure that the cancellation notice has been received.

Internet acceptable Use Policy

The Customer is solely responsible for use of the Services by any of its employees, officers, directors, agents and any other end user of the Services (collectively, the “End Users”). The Customer agrees to comply, and to ensure that, the End Users comply with the following policies and procedures associated with the use of the Services (the Customer and/or End Users are sometimes hereinafter referred to as “You”).

Rules.  While using the Service, you may not:

Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;

post or transmit messages constituting “spam”, which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers;

Post or transmit any information or software which contains a virus, “cancelbot”, “trojan horse”, “worm” or other harmful or disruptive component; or upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which: (i) is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) is defamatory, obscene, child pornography or hate literature; or (iii) constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing.

  1. Your Equipment. It is your responsibility to ensure that your computer system meets the minimum requirements stated by Swazisat as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access and use the Service.
  2. You Can Best Control the Risk and Therefore Are Responsible. Swazisat will not assume any responsibility for your acts or omission. Account and password protection will be your responsibility.
  3. Monitoring. Swazisat has no obligation to monitor the Service. However, to protect itself and its subscribers, Swazisat will be entitled to electronically monitor the Service from time to time and disclose any information concerning the End User required by the Customer or that is necessary to satisfy any law, regulation or lawful request. Swazisat will not intentionally monitor or disclose any private e-mail message unless required by law. Swazisat reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of these policies.
  4. Content. You acknowledge that some content, products or services available with or through the Service (Content) may be offensive or may not comply with applicable laws. You understand that neither Swazisat nor any of its affiliates attempt to censor or monitor any Content. You also acknowledge that neither Swazisat nor any of its affiliates have any obligation to monitor your use of the Service and, except as provided herein, have no control over such use. You assume total responsibility and risk for access to or use of Content and for your use of the Service. Swazisat and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to your access to or use of Content.
  5. Privacy. Unless an encrypted service has been ordered Swazisat cannot guarantee privacy. Your messages may be the subject of unauthorized third-party interception and review. Swazisat therefore recommends that the Service not be used for the transmission of confidential information.

ACCEPTABLE USE POLICY

  1. E-mail or forum posting. Sending unsolicited, e-mail messages and posts, including, without limitation, commercial advertising, mailing lists and informational announcements that do not comply with GDPR regulation is prohibited. Users will not use unauthorised mail servers.
  2. System and Network Security. Users are prohibited from violating any system or network security measures including but not limited to engaging in unauthorized access or use of Swazisat’s or a third party’s network, data or information. Users are unauthorized to monitor Swazisat or third party’s data, systems or network traffic. Users are prohibited to interfere with service to any user, host or network including without limitation, mail bombing, flooding, and deliberate attempts to overload a system and broadcast attacks. Users are prohibited to forge any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.

VIOLATION OF ACCEPTABLE USE POLICY

Swazisat considers the above practices to constitute abuse of its service. Therefore, Swazisat ‘ terms and conditions of service prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of the offender’s account and/or access to Swazisat’s services. Nothing contained in this policy shall be construed to limit Swazisat ‘ actions or remedies in any way with respect to any of the foregoing activities. Swazisat reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Swazisat service, and levying cancellation charges to cover Swazisat ‘ costs. In addition, Swazisat reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

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