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I, authorized to sign this agreement and resident at the stated address, hereby declare that I am knowingly and willingly contracting to subscribe to Utande Internet Service (Pvt) ltd ’s services hereinafter referred to as Utande). This contract is subject to the standard warranty terms and refund conditions of the Utande T & C’s which are available for review at www.utande.co.zw where full terms and conditions of service are noted and deemed to be agreed upon by you on initial registration with Utande. We require that you provide a copy of your identification documents, (national ID or passport and Birth Certificate) on your subscription of your service.
The terms and conditions of this Service Agreement (“Terms” or “Agreement”) constitute the agreement (“Agreement”) between Utande Internet Service (Pvt) Ltd (“Utande”, “Company”, “We”, “Us”) and the User (“you”, “User” or “Customer”) of the Company’s Prepaid and business communications Services, and any related products or services (“Service”). This Agreement governs both the Service and any connected Device (“Device” or “Equipment”), used in conjunction with the Service. Additional Terms and Conditions located on the Utande website at https://www.utande.co.zw may also apply.
BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING: WARNINGS THAT YOU MAY BE UNABLE TO USE THE VOIP SERVICE FOR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES; LIMITS AND DISCLAIMERS ON COMPANY’S LIABILITY; AND THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE.
Subsequent terms of this Agreement automatically renew unless you give Utande written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given.
If you subscribe to the Company’s Prepaid Services, which is defined as Service intended solely for the subscriber’s residence, or home, and not for commercial purposes (“Prepaid Services”), the Service and the Device (if provided) are provided to you solely for such Prepaid use. You shall not resell or transfer the Service or the Device to another party. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify your Service if We determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal Prepaid usage patterns. In addition, you will be required to pay the higher rates for Business Service for all periods in which your use of the Service or the Device was inconsistent with normal Prepaid use.
If you subscribe to the Uncapped Voice Services, which is defined as Service intended solely for the subscriber’s use to support commercial, for-profit or not-for-profit, non-Prepaid enterprises (“Uncapped Voice Services”), the Service and Device (if provided) are provided to you as a small business User. Because We have no control over your power or Internet connectivity you may experience occasional outages. For this reason, it is strongly recommended that you maintain a backup Internet service provider so that you have backup contact ability.
When you subscribe to our post-paid service, you authorize us to collect from your payment method, including, if applicable, Early Termination Fees, late fees, check return fees, recovery fees and any other outstanding charges. This authorization will remain valid until 30 calendar days after you terminate our authority to charge your payment method.
You agree to pay all charges due and payable for the Services without counter-claim, set-off or deduction, other than amounts reasonably disputed. Failure to pay in full may result in immediate suspension of services and Utande shall have no liability for such suspension under any circumstances. During the period of suspension, Services will be unavailable until the account balance is paid in full. If you do not deliver full payment for all billed charges by the due date, Utande may restrict, suspend or terminate use of the Services. If Utande restricts, suspends or terminates your Services, Utande may, at its sole discretion, choose to restore the Services prior to the payment of all charges due. Such restoration shall not be construed as a waiver of Utande’s right to receive full payment for all charges due or again restrict, suspend or terminate the Services at any time for non-payment of unpaid charges. The failure of Utande to restrict, suspend or terminate the Services for non-payment of any charges shall not act as a waiver or estoppel to restrict, suspend or terminate Services of such account for non-payment of current or future charges.
All prepaid fees and other payments by Subscriber are non-refundable and non-creditable. There are no pro-rated refunds for unused time. Unless otherwise stated in the Service agreement, Utande will invoice and charge Customers monthly. Customers are responsible for paying monthly Service fees while Services are suspended due to non-payment. In the event that an account is terminated for any reason with an outstanding balance, Utande will continue to electronically charge any credit card on file for the outstanding balance until all balances are fully resolved. All disconnected accounts and all accounts suspended for non-payment are subject to a twenty-five-dollar USD $ … reconnection fee.
International calling is enabled by default. All International calls are billed at their respective international rates which are updated from time to time. Any and all call charges are rounded to the nearest whole penny. International calls will be charged at the start of the next month. Failure to pay will result in immediate suspension of Service.
The Company may amend this Service Agreement or the Service from time to time by posting a revised version of this Service Agreement or announcing Service changes on the Company’s website currently located at: https://www.utande.co.zw. Such changes may include, without limitation, increasing the charges for the Service, including any additional features that may be offered in conjunction with the service. Amendments will become effective once posted, and your continued use of the Service will constitute your acceptance of any such changes. However, if you do not wish to continue Service after a change or modification in features or functionality that materially affects the Service to you, you may terminate this Service Agreement by providing written notice to the Company within twenty (20) days of the effective date of the modification, and you will not be charged any Termination Fee (as defined below).
The Customer acknowledges and accepts that it does not own or have any proprietary rights in or any other rights to any telephone numbers assigned to them, whether or not the telephone numbers are published in any directory. Utande may change a telephone number designated for the Customer if Utande has (a) reasonable grounds for changing it and gives the Customer reasonable advance notice stating the reason for and the anticipated date of the change, or (b) in cases of emergency, giving the Customer verbal notice, followed by a written explanation as soon as is reasonably possible. Utande is not liable for any costs, damages or other amounts resulting from changes to telephone numbers.
To cancel or terminate the Company’s Prepaid or Business Service, you must contact our offices on +263 8612 000 000 and provide written notice at least ten (10) days before the end of the monthly term in which the notice is given. If you DO NOT notify Us that you are porting (moving) your phone number to a new phone company, Utande will turn off your Phone service and terminate billing at the end of the current billing term. If you DO notify Us that you are porting (moving) your phone number to a new phone company, Utande will be required to leave your Phone Service active until you or your new phone company notify Us that the port-away has completed. The phone service must remain active until the port-away has occurred or your phone number may be lost. Once we are notified that the port-away has completed, Utande will turn off your Phone Service and terminate billing at the end of the current billing term.
If you are cancelling service, it is your responsibility to notify Us if you have requested Utande to port your number from another company and it has not yet completed the porting process. The Company will attempt to cancel the porting of your number to Utande once you have notified Us of your intent to cancel. If the porting has completed, it is your responsibility to notify your new phone provider to port your number from Us.
For Prepaid Services, we reserve the right to suspend or discontinue the Service generally, or to terminate your Service, at any time in Our sole and absolute discretion. If we discontinue the Service generally, or terminate your Service without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated on account of your breach of any provision of this Agreement, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
For Business Services, we reserve the right to suspend or discontinue the Service generally, or to terminate or suspend your Service for failure to rectify a violation of the Service Agreement within 7 days after receiving notice thereof from the Company. If We discontinue the Service generally, or terminate your Service, you will only be responsible for charges accrued through the date of termination, including a prorated portion of the final month’s charges. If your Service is terminated on account of your failure to correct any breach of any provision of this Agreement, you will be responsible for charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. Service may be suspended by the Company without prior notice if necessary to comply with applicable laws or to preserve the integrity of service to other Customers. If service is suspended without prior notice, the Company will use reasonable efforts to notify Customer of the suspensions and the reason for suspension within one (1) business hour of suspension.
You must supply certain equipment and facilities, such as a phone handset or equivalent, installed phone or network cabling and termination outlets, and a powered electrical outlet. You are responsible for supplying and ensuring that the equipment you supply is compatible with the Service and meets federal and other applicable standards. You represent that you either own your equipment or have the right to use that equipment in connection with the Service. The Company shall have no obligation to provide, maintain, support or service your equipment. If your Internet Access Service is terminated, suspended or disconnected for any reason, the Service will not be available until you re-establish your Internet Access Service with your Internet Service Provider.
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