Terms and Conditions for ZOL WiBroniks Packages

August, 2018
The following Terms and Conditions apply to LTE Services offered by ZOL as Reseller. The LTE Services Terms and Conditions may be also be obtained as a hard copy from ZOL outlets. Please note that this is no more than a summary of the conditions of use for LTE Services Customers must read this summary in conjunction with the Terms and Conditions appearing on the ZOL website www.zol.co.zw

  1. DEFINITIONS
    1. The following definitions are used in these terms and conditions:
      “Customer Premises Equipment” includes a dongle, MiFi, handset or Router required to connect to the LTE network. “;
      “LTE Services” means LTE services provided by ZOL.;
      “LTE Services Agent” means an individual or company appointed by ZOL to sell LTE Services on its behalf;
      “LTE Services Coverage Area” includes the area outlined on the ZOL website www.zol.co.zw
      “SIM” means the LTE Services Sim Card;
      “Potential Customer” means a person desirous of acquiring LTE Services with the LTE Services Coverage Area.

  2. THE AGREEMENT
    1. These are the terms and conditions upon which the Customer may use the LTE Services provided by Zimbabwe On Line (Private) Limited trading as ZOL Zimbabwe (“ZOL”) the acceptance of which constitutes a binding contract between the Customer and ZOL.
    2. When the Customer registers as a LTE Services Customer by signing the Registration Form annexed hereto, the Customer agrees to abide by these Conditions of use.
    3. A Potential Customer therefore needs to read and fully understand the Conditions of Use and a Potential Customer that does not agree with them should not proceed to register for or use LTE Services.

  3. HOW TO ACCESS LTE SERVICES
    1. The Customer shall, in order to access LTE Services, ensure that:
      1. (a) the Customer P remise Equipment is LTE Enabled and confirmed compatibility by ZOL;
      2. (b) the Customer has made payment for LTE Services;
      3. (c) the Customer’s LTE Services SIM has been activated for the LTE Services;
      4. (d) the Customer is provisioned for LTE Services; and
      5. (e) the Customer is within the LTE Services coverage range.

  4. APPLICATION FOR LTE SERVICES ACCOUNT AND ACTIVATION
    1. Any person may register for LTE Services provided the person:
      1. produces valid identification in the case of an individual and the requisite incorporation documents in the case of a body corporate;
      2. pays for the LTE Services Sim Card; And pay for the purchase of relevant LTE Services Customer Premises Equipment.
    2. A Customer may register for LTE Services with ZOL or any of its recognized LTE Services Agent in the Republic of Zimbabwe.
    3. The Customer shall ensure that all information provided is complete and accurate in all respects.
    4. ZOL may decline a Customer’s application at its sole discretion and also because of its dissatisfaction with the Customer’s proof of identity.
    5. Upon ZOL’s acceptance of the Customer’s application for LTE Services, the Customer’s registration and payment for Customer Premises Equipment and SIM Card ZOL will provide the Customer with “Customer Premises Equipment”).
    6. The Customer subscription period shall begin from the moment the Customer Premises Equipment is activated by ZOL, and the Customer will be notified by a confirmation email and/or SMS once the service is activated.

  5. LTE SERVICES AND COVERAGE AREAS
    1. The LTE Services are made available to you subject to these Conditions of Use.
    2. All prices and usage rates advertised include VAT, unless otherwise stated.
    3. ZOL will endeavour to ensure that the Customer enjoys the full use of the Network to access LTE Services within the Coverage Areas outlined on the ZOL website www.zol.co.zw
      ZOL does not guarantee that the LTE Services will be available at all times and ZOL will not be responsible or liable for any loss whatsoever or howsoever arising as a consequence of any non-availability of LTE Services. The LTE Services are not fault free and factors including, but not limited to, acts of God, geographical topography, weather conditions, planned provision of the LTE Services may affect continuous service availability.
    4. In the event of damage to, loss or theft of the SIM, the Customer is obliged to inform ZOL immediately of such damage, loss or theft. ZOL will then disable, the lost or stolen SIM Card so as to prevent further use of the LTE Services until the SIM Card has been replaced. A replacement for such damage, loss or theft may be given by telephoning the Customer Care Centre of LTE Services Reseller and ZOL. The Customer shall indemnify the ZOL against any claims that are made against ZOL in respect of any transactions effected with the Customer’s SIM Card prior to such notification being received.
    5. The Customer is advised that for reasons beyond ZOL’s control, there is a risk that the Customer’s communications may be unlawfully intercepted or accessed by those other than the intended recipient and in the event of such interception, ZOL shall not accept any liability for any loss, injury or damage whether direct or consequential arising out of such compromise of confidentiality
    6. The Customer shall comply with any instructions that ZOL may give the Customer from time to time about the LTE Services.
    7. With the exception of calls made to the ZOL Customer Service Help line and to other designated toll free numbers, the Customer’s calls, emails or SMS’s may be monitored or recorded for use in business practices Terms and Conditions for ZOL WiBroniks Packages such as the ZOL telecommunications system and detection and prevention of crime.

  6. LTE SERVICES SPECIFIC TERMS AND CONDITIONS AND SERVICE LEVELS
    1. LTE Services speeds will vary from area to area and depending on the number of people connected to the specific LTE Service at any particular time.
    2. The LTE Services is designed for internet usage.
    3. The speeds available on the LTE Services are dependent on the LTE coverage areas and ZOL will use its best efforts to ensure that speeds are sustainable.
    4. ZOL reserves the right to regulate the Customer’s traffic based on the Fair Usage Policy, as outlined on the ZOL website www.zol.co.zw

  7. LIMITATION OF LIABILITY AND AMENDMENT OF TERMS AND CONDITIONS
    1. ZOL will not be liable for usage charges incurred where LTE Services are interrupted.
    2. ZOL, its agents, directors, affiliates, members or employees shall not be responsible in any way for claims, loss or damages (either direct, indirect, consequential or otherwise), arising from Customers’ use of LTE Services or any product purchased by virtue thereof.
    3. ZOL may amend, modify or otherwise change these terms and conditions in its sole and absolute discretion, on notice to the Customer, and the amended version will be displayed in the same media as these terms and conditions. The Customer’s continued use of LTE Services after amendment to these Terms and Conditions will denote the Customer’s acceptance and understating of the Terms and Conditions and the Customer will be bound by the amended Terms and Conditions.

  8. SUSPENSION OR DISCONNECTION OF THE SERVICES/CLOSURE OF THE ACCOUNT
    1. ZOL may suspend (bar), restrict or terminate the provision of the LTE Services (in whole or part) or close a Customer’s Account without informing the Customer and without any liability whatsoever (although, ZOL will, where possible, endeavour to inform the Customer that such action is or may be taken) under the following circumstances:
      1. If ZOL becomes aware or have reason to believe that the Customer’s Equipment in relation to the LTE Services is being or has been used in an un-authorized, unlawful, improper or fraudulent manner or for criminal activities;
      2. If the Customer’s do not comply with any of the conditions relating to the LTE Services including these conditions of use;
      3. If the Customer notifies ZOL that the Customer’s Equipment has been lost or stolen or;
      4. For reasons outside of ZOL’s control; and
      5. Where ZOL suspend the Customer’s Account for non-payment of tariffs.
    2. To access the LTE Services, the Customer’s SIM must be operational (“active”) at all times. If the Customer’s SIM is inactive for a consecutive period of 3 months, the Customer’s LTE Services Account will automatically be closed by ZOL.
    3. ZOL will also close the Customer’s Account upon receipt of the Customer’s request.
    4. Where the use of the Customer’s Account has been suspended or disconnected or the Customer’s Account is closed, any Credit balance in the Customer’s Account will be repaid to the Customer upon the Customer presenting himself/herself at the ZOL Customer Care Centres. The Customer will only be paid any Credit Balance upon satisfactory evidence of the Customer’s identity being produced.

  9. CUSTOMER EQUIPMENT DEFECTS
    1. If a Customer’s Equipment fails to function because of a manufacturing defect and within the warranty period, ZOL will replace it free of charge.
    2. Notwithstanding Clause 6.1, ZOL shall not replace Customer Equipment free of charge if the Customer Equipment supplied to the Customer in working order, later ceases to works for any reason other than a manufacturing defect within the warranty period e.g. tampering with, dismantling, damage or loss.

  10. WIFI DISCLAIMER
    1. Wi-Fi coverage is unique to every house/building. ZOL Zimbabwe will use its best efforts to provide useful and reliable Internet service. As a customer, you acknowledge that Wi-Fi utilizes public, unlicensed radio frequency spectrum. As such, Wi-Fi is subject to external interferences, environmental influences and other factors and variables beyond our reasonable control. Performance and coverage may be affected by;
      1. Transmission and download speed and accuracy;
      2. Network congestion by other devices on your network;
      3. Performance of your computer, tablets PCs, Smartphones and other devices, configuration, and functionality of your Wi-Fi devices and wireless cards (including, but not limited to memory, storage and other limitations);
      4. Physical obstructions and distances between your Wi-Fi Access point and the Wi-Fi network. This maybe you building design, construction materials and the distance to intended coverage areas, especially to outdoor areas and detached buildings;
      5. Availability of electric power;
      6. Transmission and equipment limitations, failures, maintenance or repair;
      7. User error.
    2. Wi- Fi may also be interrupted, refused, limited or curtailed for these reasons. We are not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors.
    3. Network speed is an estimate and is no indication of the speed at which your Wi-Fi device will operate.
    4. In certain circumstances repeaters are required to extend Wi-Fi coverage. Extension of Wi-Fi coverage outside the default coverage of the CPE provided by ZOL Zimbabwe is at customer cost.

  11. VARIATIONS
    ZOL reserves the right to vary these terms and conditions at any time and without prior notice to the Customer. The Variations will be notified by way of advertisement in a daily paper newspaper or through the ZOL website at www.zol.co.zw

  12. DISPUTE RESOLUTION AND GOVERNING LAW
    Any dispute arising from these terms and conditions shall be settled by a court of competent jurisdiction in Zimbabwe and the Governing law for these terms and conditions shall be the laws of Zimbabwe Services Account will automatically be