Thank you for choosing uMAX Broadband Internet Services. These terms and conditions set out the agreement between you or ‘the Customer’ and uMAX (‘uMAX’, ‘us’ or ‘we’) whereby uMAX is a wholly owned business division of Dandemutande Investments (Pvt) Limited, a telecoms licensee regulated by POTRAZ under licence number IAPA200907012, and is registered in Zimbabwe with company registration number 10414/97. Your use of the Services shall be governed by the terms of this agreement.
• ‘Access’-The number of days that a customer shall be entitled to use the Services as determined by Service fees paid.
• ‘Access Device’-Any such device (indoor or outdoor) prescribed by uMAX as the medium through which Services are provided to the customer.
• ‘Activation’-The enabling of devices so that it operates on the uMAX network for the provision of Service to the customer.
• ‘Coverage Area’-Those areas within the uMAX network where the services are accessible.
• ‘Account’-Your uMAX broadband access account
• ‘Service Validity’ – The period of Validity of your uMAX account as defined by your chosen uMAX service plan.
• ‘Service Fees’-Payments made on a customer’s account in accordance to the service plan chosen and previously agreed upon.
• ‘Network’-The telecommunications system and operations of uMAX by which the data services are made available by uMAX.
2. Getting our Services
Unless otherwise advised by uMAX, the signing up to an Account shall entitle a customer access to the Network Services within the designated Coverage Area through the Customer Activation process. The Customer activation is a simple three-step process which involves:
1. Payment for the requested Account
2.Registration of the customer via the online registration page including service plan selection
3. Activation of the Account and Access Device.
uMAX endeavours to supply its access device services to all customers within 48 hours of purchase. Should the customer require an outdoor access device, a suitable time for installation will be arranged at the convenience of the customer.
Monthly Service Plans (including monthlyMAX and any other monthly subscription plan)
1. You must sign a contract for the number of months prescribed by the service plan chosen.
2. Data is credited to your Account every month on the monthly anniversary of the registration of your account.
3. Payment can be made before or on the date of your monthly anniversary.
4. Your monthly data allowance is credited to your account on receipt of payment, but the monthly billing cycle remains unchanged and is based on monthly anniversary of your initial service plan registration date.
5. Should you run out of data before your month is up, you can top up with additional credit via any uMAX recharge facility. Additional data used over and above the data cap of the service plan chosen will be charged at the prevailing flexiMAX rates.
6. All monthly data allowance is on a “use it or lose it” basis. No remaining data credit can be rolled over to the next month.
7. The Access Device remains the property of Dandemutande throughout the customers’ relationship with uMAX. In the event of theft or damage within the contract period, you may be liable for a replacement device at the full recommended retail price.
8. uMAX reserves the right to reclaim the Access Device within 45 days of non-payment for any monthly payment due.
9. No uMAX credit under any service plan may be refunded or redeemable for cash under any circumstances.
10. Monthly service plan customers within their initial contract period are not permitted to switch to a lower service plan than that to which they initially subscribed.
3. Paying for Services
• Recharges and any payments due to uMAX may be made via any uMAX retail kiosk, authorised reseller, selected EASI…way2pay! outlet, online at the uMAX self-care portal via v-Payments, online at CABS Internet banking service, via debit order with selected banks or at one of our supporting CABS retail merchants including selected CABS bank branches.
• You shall be bound to fulfil all obligations related to the plan selected. Once selected and paid for, it cannot be reversed until the Service validity ends.
• You are deemed responsible for all charges associated with your account regardless of whether you or anybody else (with or without your permission) accesses your account. For example, if someone who has access to your office or home uses the Services, we would consider such services to be within your control and you would be liable for those charges.
• Our quoted access device rates are based on a standard installation process:
o Indoor Unit: based on self-registration with assistance from our sales and customer services team to help you should you require it.
o Outdoor Unit: based on site survey where required and installation with a 3-6m straight pole and one standard Wi-Fi router.
o Any additional routers required will be provided at an extra cost.
• uMAX reserves the right to change the quoted access device price should a non-standard installation be required. For example, where longer or different shape poles, or where additional Wi-Fi routers are required, uMAX will present a revised quotation to you for acceptance before continuing with the installation.
• Any relocation of a previously installed access device is subject to a $100 service fee.
4. Using Our Services
• We reserve the right to monitor and control data volume and/or types of traffic transmitted via the Internet access.
• The Internet service may be affected by factors including but not limited to type of equipment being used by you, the Internet site/server being visited, network availability, the number of users accessing the internet network in an area; strength of the signal and equipment distance from the nearest antenna and environmental conditions.
• uMAX strictly prohibits the use of its Services to generate spam or other forms of abuse for business or personal gains. These include but are not limited to: Threats and or Harassment, Privacy Issues, Redistribution of Services (ftp, www, etc.), Copyright and Trademark Issues, Hacking, Port Scanning, Spreading Virus, Denial of Service Attacks, Password Cracking and Unauthorized Access, Credit Card Fraud, Publication and Transmission of Pornography, Product/Service Fraud, Financial Solicitation, Make Money Fast Chain Letters, General Fraud or Theft, Other Illegal Activities etc.
• uMAX will provide you with a dynamic Internet Protocol (IP) address which may change without giving you notice; uMAX reserves the right to charge for a static IP address. Other traditional ISP services such as domain name, domain changes, and so forth, will be charged according to the Dandemutande standard pricing which is available on request.
• uMAX does not currently support Voice-over-Internet Protocol
• You may not use our Services in a way that risks degradation of service levels to other customers, third parties and put our system at risk. If we believe that you are using our Services in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of our Services without giving you notice.
• You are responsible for making sure that your Access Device is safe and used properly at all times. uMAX shall not be liable for any loss, injury, claim or damage to any person or property arising out of the use of the Access Device.
• The uMAX Access Device is sold only for use on the uMAX Network.
• You have the right to a refund should you decide to discontinue our Services within 14 days of purchase. You should then return your Access Device to any of our retail stores or head office together with proof of purchase. The Access Device must be returned undamaged including all accessories (ethernet cable, power cable, user guide and manual) in its original packaging. A full refund will be granted on the first months service only.
5. Rewards & Rebates Standard Conditions
• MAXrewards: All uMAX customers are eligible for the uMAX loyalty scheme which rewards our MAXmates based on spend and longevity on a “surprise and delight” basis. uMAX reserves the right to discontinue or change the terms of the MAXrewards loyalty programme at its discretion.
• Rebates: At its own discretion, uMAX may award all or part of its customer base a rebate where affected by service delivery. Any such rebate may be in the form of data quota or dollar value. Communication thereof will be via email or SMS to the customer, and automatically added to the customer’s account.
Customer Referral Promotion
• After referring uMAX to colleagues, uMAX customers should email friendsforMAX@uMAX.co.zw with the telephone number and email address of their referee indicating that they are a reference. uMAX will then contact them to see if they are interested in becoming a uMAX customer.
• The customer's account will be credited with one month’s free service equivalent to the service plan selected by the referred customer for every reference that is confirmed as a new uMAX customer. To qualify as a customer, the reference must purchase, register and activate a uMAX Broadband service.
• The referral reward is not redeemable for cash and will be credited to the customer’s own uMAX account for redemption against uMAX services.
• If two customers refer the same person, the reference will be deemed to have been received from the first communication received on the reference.
7. Standard Warranty Conditions
• uMAX guarantees that the Access Device as supplied to uMAX by the original equipment manufacturer shall be free from defects.
• You shall notify uMAX of a defect during the six (6) months Warranty period and uMAX will at its own discretion replace the defective Access Device.
• uMAX’s warranty on the Access Device to you shall expire if the device is used in a manner other than normal use; is attempted to be repaired or a replacement part fitted to the device by anyone other than uMAX or its authorized service sub-contractor; is connected, attached, used or operated with any auxiliary item other than items purchased from or certified compatible by original equipment manufacturer for use with such device; markings or labelling of the device have been altered, obscured, removed or otherwise interfered with; device has contact with any form of liquid.
8. Understanding Our Liability & Obligations to You
• uMAX will not be liable to you for any indirect loss or any loss which is not reasonably foreseeable as a consequence of uMAX negligence or breach of this agreement (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses); lost or destroyed data; any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or uMAX had been advised of the possibility of you incurring such loss; or direct physical damage to your property.
• When uMAX carries out any obligation under this agreement, we shall endeavour to exercise the reasonable care and skill of a competent service provider.
• We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using our Services, or for transmitting or receiving, or failure to transmit or receive any material through our Services.
• We shall not be liable for any loss, cost or damage arising from transactions you enter into with third parties using our Services (such transactions include but are not limited to buying or renting goods or services from such third parties or ordering goods from other organizations using our Internet access).
• The customer indemnifies uMAX and holds it blameless against any direct or consequential liability arising out of claims made against uMAX, its employees and/or its agents in connection with the use of the Access Device.
• We accept no responsibility whatsoever for the contents of any material from other organizations, which may be accessed through our Services. We also reserve the right to block access to any such information.
• All uMAX customer information and contents of communication conveyed over the uMAX network shall be kept confidential by uMAX, unless prevailed upon under the Laws of the Republic of Zimbabwe to divulge any such information.
• uMAX offers 24/7 customer support at its contact centre for all queries, complaints and compliments. uMAX customer support can be contacted at (04) 76 000 400 or at firstname.lastname@example.org. Notwithstanding its own customer support service, uMAX respects the customer’s right of appeal to the Authority for arbitration.
9. Defining Matters Beyond Our Reasonable Control
uMAX will not be liable for failing to do what uMAX promised under this agreement if uMAX is prevented from doing so by something outside uMAX’s reasonable control which will include (but is not limited to): acts of God such as lightning, flood or severe weather conditions, epidemics, fire or explosions; civil disorder, riots, insurrection ,damage or vandalism to our network or equipment; terrorist activities; war; actions of regulators or local or national governments or other authorities or industrial disputes.
10. Suspending Our Services
We may suspend any or all of our Services immediately without notice if: you have breached any of the terms of our Service Agreement; we need to carry out any maintenance, repairs or improvements to any part of our services or our system; we have to do so by law or in line with a contract; we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining our Services and/or Access Devices; we believe that you or another person at your office or home have committed, or may be committing, any act which contravenes the terms of our Service Agreement by using our Services.
11. Amending Our Terms
uMAX may at any time improve, modify, amend or alter the terms and conditions of our Services if there is any change or amendment to any law or regulation which applies to us or the Services we provide to you; we decide that our Services should be altered for reasons of quality of service or otherwise for the benefit of our customers or, in our reasonable opinion, it is necessary to do so; for security, technical or operational reasons; in all other events, where we reasonably determine that any modification to our system or change in our trading, operating or business practices or policy is necessary to maintain or improve our Services.
12. Accepting Our Terms
You are deemed to have accepted the uMAX Terms & Conditions of Service during your initial registration process on the uMAX self-care portal on redemption of your activation voucher. Acceptance is linked to your uMAX account with its unique 13-character user name and paired to the MAC address of your uMAX access device. Should you transfer your access device to a third party, that person is deemed to have accepted the uMAX Terms & Conditions of Service.
These Terms and Conditions are valid for the full period that you are a customer on the uMAX network regardless of your service status.
This agreement shall be governed in accordance with the Laws of Zimbabwe.
V3.0 Effective 1 September 2014