1) For all of our services:
(a) “Charges” means any monthly tariffs, installation, activation, connection charges and/or surcharges/tax/VAT applicable to the activated Services at the rates published by Converged Technology Networks (CTN). (b) “Equipment” means Customer Premises Equipment CPE, including outdoor unit, indoor unit, Wifi Router/ Gateway cables supplied to the Customer by CTN.
(c) “Service(s)” means all and/or any Service(s) categorically described overleaf as elected by the Customer subject to any modification and variation by CTN from time to time.
(d) “Encryption Device” means any device used to protect and/or secure data / voice transmissions.
2) Provision of Services by CTN: (A) CTN will establish and maintain the Connection and will endeavor to make the desired Service(s) available to the Customer throughout the term of this contract. (B) All or any Service(s) will be provided in accordance with the applicable law and CTN Policy. (C) All Equipment, except paid, will remain the asset of CTN and customers are bound to return the Equipment in its original working condition in the event of termination of Service(s).
3) Payments and Charges:
(A) All the Payments and Charges for the Service(s) under this Contract shall exclusively be determined/revised by CTN from time to time. The revised Tariff or Charges shall be notified to customer through Electronic or Print Media. The revised Charges will apply to the Customer from the date of notification. (B) The Customer shall unconditionally pay all applicable charges mentioned in the invoice within the specified time. (C) Failure to make Payment within due date would: (i) Result in immediate disconnection / suspension / termination of the Service and Contract; (D) Render the Customer to pay applicable reconnec- tion charges, if a reconnection is requested, and before reconnection, the Customer shall pay an advance against future payments, if required; (E) Customer shall pay Monthly Charges till the suspension or disconnection of the Service(s) becomes effective, whether such suspension/disconnection is required by the Customer (or by a person acting on behalf of the Customer) or by CTN in accordance with Clause 8 of this contract. (e) CTN reserves the right to determine an appropriate credit limit to the Customer for availing the Service(s). Such credit limit shall be secured either by a refundable cash deposit placed by the Customer with CTN or other adequate security or alternate arrangement acceptable to CTN. In the event such credit limit is exceeded at any time, CTN is entitled to disconnect or suspend the Service(s) to the Customer and/or terminate the Contract.
4) Duration and Time: This contract shall commence on the date of approval by CTN after signing of this form along with these Terms & Conditions by the Customer and, the provisions of this Contract shall continue thereafter until terminated by either party hereto.
5) Prohibition of Assignment: Rights and obligations of the Customer under this contract shall not be assigned without prior written consent of CTN.
6) Warranties: (A) In addition to terms contained in the warranty card, the Equipment purchased by the Customer from CTN, is free from defects in material and workmanship, and the Customer acknowledges that commencement of Service(s) shall be deemed to be a discharge of this warranty. (B) This warranty is specifically limited to defects in material and workmanship in the Equipment and does not apply where the Equipment is used in combination with equipment not supplied, manufactured or expressly approved by CTN. It shall also not apply to repair or replacement necessitated by catastrophe, misuse, abuse, fault or negligence, user modification, improper maintenance or operation, user alteration or damages due to spilling of food or liquids, and normal wear and tear. (C) CTN hereby disclaims all liabilities whatsoever in respect of and/or arising out of the Service(s) provided, except for the warranty provided in paragraph (A) above. (D) Warranty for Indoor & outdoor units is applicable for one year from date of installation.
7) Use of the Service via Customer Premises Equipment: (A) CTN reserves the right to issue any instructions regarding the use of the Service(s) / Service Level(s) as it may from time to time consider necessary to maintain the integrity, quality and safety of the Service(s) for all Customers and such instructions shall be deemed as an integral part of this contract. (B) The Customer is personally responsible for the use of all Services and System under this Contract and shall neither use nor permit any person to use the Services/System for: (i) Any activity which is abusive, offensive, indecent, obscene or menacing messages or communications, or misusing Equipment or Services for any activity which is improper/unlawful /immoral and prohibited under any of the applicable laws of Malawi. (ii) The Customer will not be authorized to use the Customer equipment provided by CTN on any other operator’s network.
8) Suspension/Disconnection and Termination: (A) CTN reserves the right to suspend/terminate the Services with immediate effect in case of non payment of bill within due date. The Services shall be resumed on payment of all arrears/outstanding dues /charges as per CTN Policy. (B) CTN may at any time and without notice suspend, disconnect and/or terminate any or all the Service(s), and the Customer hereby waives all claims and rights in respect thereof including the right to contest such suspension, disconnection and/or termination. (C) This Contract shall automatically and without notice terminate, without prejudice to accrued rights of CTN, in the event of the Customer becoming bankrupt or otherwise insolvent or death of the Customer; (D) Upon termination of this Contract, the Customer shall forthwith pay CTN: (i) All amounts due to CTN at the time of termination together with any late payment charges, surcharges or whatsoever. (ii) All costs including legal fees reasonably incurred by CTN in enforcing its rights under this contract including the recovery of monies. (E) Notwithstanding the above CTN may terminate any or all Service(s) without any reason whatsoever.
9) Arbitration and Applicable Law: If any difference or dispute, in any way connected with this Contract, shall arise between the parties hereto which cannot be settled amicably within a period of one (1) month, then such difference or dispute shall be referred to MACRA and its decision shall be final and binding on the parties hereto. This Contract shall be governed by the laws of the Republic of Malawi.
10) Additional Terms:
(a) This Contract including the particulars overleaf constitutes the entire agreement between CTN and the Customer(s).
(b) CTN in its exclusive discretion reserves the right to refuse, change or remove Customer ID’s/Passwords/PINS which it deems inappropriate or offensive.
(d) For any change in particulars overleaf, the Customer undertakes to inform CTN immediately.
(e) Service to any or all Customers may be temporarily interrupted or curtailed because of Equipment modification, upgrades, relocations, repairs and similar activities necessary for the proper operation of Service. However, in the event a scheduled interruption is planned, reasonable notice will be given.
(f ) The Customer will not infringe any copyright or intellectual property right to the information and resources available via the service by CTN.