General Terms and Conditions

October 2021
  1. Zimbabwe On Line (Private) Limited (“ZOL”) offers LTE services known as Wibroniks and fibre to the home services known as Fibroniks each hereinafter referred to as a “Service” and together as the “Services” as a part of its products.
  2. These Terms and Conditions shall constitute a “Contract” or “Agreement” between ZOL Zimbabwe and the Customer.
  3. The Customer shall allow ZOL free access to their premises during reasonable hours to inspect, install, maintain or remove telecommunications facilities or equipment.
  4. If the Customer is not the owner of the premises where the Service is required, the Customer must obtain the necessary permission from the owner of the premises and the Customer hereby indemnifies ZOL against all damages or claims resulting from the failure to obtain such permission relating to the installation and or removal of the Service.
  5. The Customers’ subscription period shall commence immediately after their account is activated by ZOL, and the Customer will be notified by ZOL via a confirmation email and/or SMS confirming the activation of the Services.
  6. The Service shall be deemed to be in good working order until ZOL is advised otherwise by the Customer.
  7. ZOL shall not be liable for any damage done to any equipment used by the Customer in connection with this Agreement, whether that be due to misuse by the Customer, power fluctuations, lightning strikes, flood or power fluctuations or any other cause whatsoever.
  8. ZOL shall not incur any liability for any loss or damages arising out of the provision, installation or maintenance of the Services, whether direct or indirect, consequential or contingent and in particular shall not be liable for any financial loss or loss of profits, income, contracts, business or goodwill.
  9. Should the Customer fail to pay any amount due under the terms of this Agreement or should the Customer breach any other term of this Agreement and fail to remedy that breach within (7 )seven days of written notice calling upon it to do so, ZOL shall be entitled, without further notice, either to suspend the service and/or to cancel this Contract, retain all payments made so far and to recover the remaining service charges set out in the Service Order Form, for the remainder of the period of the contract.
  10. The Customer acknowledges that the installation of the service can take up to (14) fourteen working days and is aware that events beyond ZOL’s control may delay the delivery of Services within the stipulated period. ZOL shall notify the Customer in the event of foreseen delay of delivery.
  11. The Customer acknowledges that prices are subject to change upon ZOL giving 7 (seven) days notice. Notice shall be deemed to have been served on the Customer by sending an email to the address provided upon registration.
  12. ZOL shall close the Customer’s account upon receipt of the Customer’s written request.
  13. 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 themself at any ZOL Customer Care Centres. The Customer will only be paid any credit balance due upon satisfactory evidence of the Customer’s identity being produced.
  14. The Services are governed by a Fair Use Policy, the contents of which are available on the ZOL retail website: https://www.zol.co.zw/legal/zol-fair-usage-policy.
  15. Any dispute arising from this Contract shall be settled by a court of competent jurisdiction in Zimbabwe or referred for Arbitration by either Party.
  16. Subject to the provisions of these Terms and Conditions, the Arbitration will be held under the provisions of the Arbitration laws in force in the Republic of Zimbabwe.
  17. The Arbitrator will be an independent person agreed upon by the Parties to the dispute and, failing such agreement within five (5) days after the date on which Party requests Arbitration, the Arbitrator will be appointed by the Commercial Arbitration Centre in Harare.
  18. Any award made by the Arbitrator: will be final and binding on the Parties to the Agreement; and may be made an order of any Court to whose jurisdiction the Parties are subject.
  19. Nothing in these Terms and Conditions shall be construed as limiting the rights of either Party regarding institution of legal proceedings for intermediate relief on an urgent or other basis, pending the decision of the Arbitrator.
  20. These Terms and Conditions shall be governed by the laws of the Republic of Zimbabwe.
  21. All costs and disbursements, including legal costs on an Attorney and Client scale, incurred by ZOL in consequence of any default on the part of the Customer and/or in recovering any amounts due to ZOL, and/or all collection commission due, shall be borne by the Customer and paid by the Customer to ZOL on demand. A certificate issued and signed by a manager of ZOL stating the amount due and owing by the Customer shall be prima facie proof of the facts stated therein and may be used in support of any application for judgment by ZOL.
  22. Either Party may terminate this Agreement at any time by providing the other Party at least one (1) calendar month written notice.
  23. Either Party shall be entitled to terminate this Agreement by written notice to the other in the event that: the other commits a breach of its Terms and Conditions, all of which are declared to be material and fails to remedy the breach within fourteen (14) days of the receipt of a written notice calling upon it to remedy the breach complained of; or the other Party commits an act of insolvency or is placed under a provisional or final winding up or judicial management order or if such other Party makes an assignment for the benefit of the creditors, or fails to satisfy or take steps to have set aside any judgment taken against it within seven (7) days after such judgment has come to its notice.
  24. ZOL shall not be responsible for any breach, failure or delay in performing any obligation if such failure or delay is due to an act of God, epidemic, war, fire, strike, accident, governmental acts or requirements, or other causes, either similar or dissimilar to the foregoing, beyond the Party’s control.
  25. The Customer hereby chooses the domicilum citandi et executandi the respective physical and electronic mail address provided on the ZOL registration form for all notices and process. Any notice of any change of address or the details provided on registration must be given in writing by the Customer and delivered by hand at any of ZOL’s offices around Zimbabwe or sent by registered mail to Block B, Stand 45-47, Sam Levy Office Park, Piers Road, Borrowdale, Harare, Zimbabwe below or sent via electronic mail to sales@zol.co.zw
  26. The Customer shall not assign, transfer or cede this Contract or dispose any of its rights hereunder without notifying ZOL in writing. The transfer, assignment or cession of any rights granted in these Terms and Conditions without prior written notification is a material breach of this Contract and grounds for termination of the Contract by ZOL.
  27. ZOL may assign, novate, transfer or dispose any of its rights and/or obligations in these Terms and Conditions to a parent company, subsidiary or affiliate without the written consent of the Customer. ZOL may perform any of its obligations and exercise any of its rights granted in these Terms and Conditions through any affiliate, subsidiary or parent company provided that it gives Customer at least one month’s prior written notice including the identity of the relevant affiliate, subsidiary or parent company.
  28. These Terms and Conditions shall be binding on the Parties hereto and their respective successors and assigns.
  29. Both ZOL and the Customer shall, in the performance of their respective obligations in terms of these Terms and Conditions, comply with the provisions of any applicable data protection legislation and regulations to the extent it applies to each of them.
  30. The Customer consents to the processing of their personal information as per ZOL’s Privacy Notice found on the website https://www.zol.co.zw/legal/privacy-policy. The Customer may change their mind and withdraw consent at any time by contacting ZOL Zimbabwe’s at privacy@zol.co.zw but it will not affect the lawfulness of any data processing carried out before consent was withdrawn.
  31. With the exception of calls made to the ZOL’s Customer Service helpline and to other designated toll-free numbers, the Customer’s calls or emails may be monitored or recorded for crime detection and prevention as provided by the laws of Zimbabwe from time to time.
  32. Each provision of this Agreement is severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the Parties will consult with one another in good faith in order to agree, if possible, an alternative provision in accordance with the intent and tenor of this Agreement. The remaining provisions of the Agreement shall nevertheless remain binding and continue with full force and effect.
  33. No waiver of any of the Terms and Conditions of the Agreement shall be binding or effectual for any purpose unless expressed in writing and signed by the Party hereto giving the same, and any such waiver shall be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
  34. Any provision of these Terms and Conditions, which contemplates performance or observance subsequent to any termination, or expiration of the applicable Agreement shall survive any termination or expiration of the applicable Agreement and continue in full force and effect.
  35. Each Party agrees that it shall at all times act in good faith, in its respective dealings with the other Party under or in connection with the Agreement.

Wi-Fi Disclaimer

  1. Wi-Fi coverage is unique to every House/Building, ZOL will use its best efforts to provide useful and reliable internet service. The Customer acknowledges 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 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 may be your 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. ZOL is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your Wi-Fi device will or is operating.
  3. In certain circumstances, repeaters are required to extend Wi-Fi coverage. Extension of Wi-Fi coverage outside the default coverage of the Customer Premise Equipment provided is at Customer cost.