Terms & Conditions of Service + End User Agreement

This user Agreement of Aquiva telephone and other services is by and between Aquiva Wireless Private Limited., (established under the laws of Zimbabwe) on behalf of itself and its affiliates (collectively the ‘Company’) and the user of the services offered herein (‘End-User’). End-User agrees to the following terms and conditions:

AQUIVA WIRELESS P/L OFFERS TO PROVIDE THE AQUIVA PHONE AND OTHER SERVICES TO YOU WITH THE FOLLOWING TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT.

ONCE YOU ACCEPT THIS AGREEMENT, BELOW, AND BY USING OR PERMITTING THE USE OF THE AQUIVA PHONE SERVICE AND OTHER SERVICES OFFERED BY AQUIVA, YOU AGREE THAT YOU AND ANY USERS OF YOUR ACCOUNT AND ASSOCIATED PHONE NUMBERS SHALL BE BOUND BY THE TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT without any further signatures, compliances or formalities to be completed.

Aquiva Wireless P/L retains the right to modify or alter or amend this agreement at any time by posting the said modification or alteration or amendment at its website of http://www.Aquiva.co.zw and such modification, alteration or amendment shall come into effect immediately after the date of such posting or after the lapse of any notice period as specified by law if any applicable, whichever is later and in no event exceeding seven days will have superseding effect of all the prior agreements upon the modified/altered/ amended Agreement’s effective date.

 

  1. About the Aquiva Telephone and other services

Aquiva Telephone and other Services (hereafter referred as the ‘Aquiva Services’) enables you to make voice calls over the public Internet to regular and mobile phones as well as other users of Aquiva Services users using your Personal Computer, your own broadband Internet connection and the software provided by the Company for the purpose and network.

Exceptions and Limitations

The Aquiva Services does not provide for “Refilling” – a practice of terminating international calls whereby an originating operator (A) avoids direct termination rates in a particular destination (B) by rerouting its traffic through a third party AQUIVA. The call is declared as having been originated by AQUIVA and pays the termination fee applicable between AQUIVA and (B).

End-User hereby agree that End-User understand and acknowledge that the Aquiva Services is provided to End-User with all or any of the limitations listed above and or otherwise restricted by the nature of service being provided; that End-User shall ensure that your acceptance of this agreement and use of the Aquiva Services offered herein is not prohibited or limited by any applicable law or any regulation of the jurisdiction in which Aquiva Services will be used.

End-User hereby agree that the Company shall not be held liable and/or identifiable for any loss or damage or consequential loss or consequential damage whether financial, mental or physical or otherwise caused to you or to your device due to the use thereof.

 

  1. Term of this Agreement

The term of this Agreement (the ‘Term’) shall be for thirty days from the date Aquiva Wireless P/L. receives electronic notice of your acceptance of this agreement or from the date of the renewal of the account. This Agreement shall automatically continue to renew for a period of thirty days at the end of each prior Term unless terminated prior to the expiration of the Term in accordance with this Agreement.

 

  1. Terms of Service

Aquiva Services are provided for bonafide users. Delivery of Aquiva Services may be delayed for 24 to 48 hours for further credential confirmation. Aquiva has every right to suspend your services with or without cause and void the charges for your transactions. For all online transactions, Credit Card Fraud is a felony. For that, we will prosecute to the utmost extent of the law. Whenever Aquiva Services is enhanced with new features, it will be automatically updated to your Aquiva client.

 

  1. Talk time

If you are buying talk time, please note that the international rates will vary without notice. Please check up the rates as posted on our website prior to any usage. Package per month may vary. Please check up the current packages available on the web site.

 

  1. Free Minutes/Free Cards/Free Streaming

The Company also provides you the free calling cards worth the amount End-User are eligible by participating in partner promotion. Whenever you are entitled to get free service from Aquiva, pop up / pop under / text / banner ads will be displayed via your Aquiva client.

 

  1. Account Termination; Account Suspension

Once the account is terminated, the information whatsoever on the account becomes inaccessible and unrecoverable for your use. Account fees and charges, if any accrued prior to the termination, which may include other fees accrued prior to the termination of the account but billed after the account is terminated, shall survive the account termination.

 

  1. Termination by Company

End-User account may be terminated by the Company for any or all of the following reasons:

The breach of the agreement for violating the company’s limitations of refilling would result in the termination of your services; If the laws at the time obligate the Company to take such action; or if we get fraudulent transactions recorded from your account or If you have breached any of the terms contained in this Agreement and consequent to which, the Company issues a notice to your account contact, and that End-User have failed to take steps necessary to cure the breach within a reasonable time; and/or On the expiry of the Term, without cause, by providing to your account contact a written or email notification prior to the expiry of the then-current Term.

 

  1. Suspension of Account

End-User access to the account will be suspended if the Company believes or has reason to believe at its sole discretion that you have breached one or more conditions of this Agreement and the Company has provided an opportunity to cure the breach within a reasonable time before termination.

 

  1. Termination by End-User

End-User may terminate your account at any time by intimating your Aquiva Services Account Manager. In case, you have a reason to feel that the Company is in breach of this Agreement, you shall serve a notice upon the Company in writing detailing out the events at support@Aquiva.co.zw and afford the Company with an opportunity in a reasonable time to cure the breach.

 

  1. Service Outages

End-User understand that the success of this Aquiva Service is dependent upon the networks including but not limited to Internet, electrical utility networks, software and the hardware, which are not under the control of the Company. Therefore, the Company shall not be held responsible or liable for any lack of service quality or availability attributable in whole or in part to failures or delays of the above-mentioned resources, which are not under the control of the Company. End-User also understands and consequently agrees that the Service may be unavailable during the routine maintenances, upgrades and emergency events. End-User therefore agrees that the Company shall not be held liable for the non-availability of the service or consequences arising there from.

 

  1. Phone Numbers – Title and Portability

End-User acknowledge that the telephone numbers provided to you no matter your geographical location to use with your account are the property of the Company and the Company retains all the proprietary rights thereto Company retains the right to cancel, change, replace or reassign the use of any number at any time at its discretion.

 

  1. User Requirement and Restrictions

In addition to restrictions and limitations as provided elsewhere in this Agreement, the following requirements and restrictions are conditions of your use of the Aquiva Service, the Company Account Manager and Company Network.

 

End-User warrant and represent that:

End-User have the legal capacity to enter this Agreement, either you are over eighteen years of age or have attained the age necessary to enter and perform your obligations under this agreement, including your agreement to view mature contents on the service or broadcasts and that non-fulfillment or violation of any of these requirements and restrictions mentioned in this section shall become grounds for immediate suspension or termination of account.

 

  1. Minutes Calculation

The call duration shall be calculated from the time the call is connected through the time the call is disconnected.

 

  1. Customer Service and Support

For questions and concerns about the Service, End-User may please contact support@aquiva.co.zw

 

  1. Disclaimers of Warranties; Limitation of Liability

Aquiva Wireless P/L and its affiliates disclaim all express and implied warranties in regard to usage of the service in any manner. Under no circumstances shall Aquiva Wireless P/L or its affiliates be liable for any damages arising out of the use of the services. All liabilities to the extent permitted by law are excluded. End-User assumes all risk of using Aquiva and distribution in any form whatsoever. Uninterrupted or error free Aquiva Services are neither warranted nor represented either by the Company or its agents, or its affiliates or third-party vendors or the likes; warranties are also not extended to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Aquiva Services. Other than any express warranties contained herein, the Company hereby disclaims the warranties of merchantability and fitness for a particular purpose and all other warranties. The Company and End-User hereby agree that the terms of this Agreement shall not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this Agreement or operation of waiver or implication. End-User understand and agree that the Company, its affiliates, agents and vendors shall not be held liable for any indirect, incidental, special, punitive, exemplary or consequential damages, including but not limited to damages for loss of profits, business interruption, loss of programs or information, and the like, that arise out of the use or inability to use the Aquiva Services; out of the mistakes, omissions, interruptions, deletion of records or files, errors, defects, delays in operation, or transmission; or for any failure of performance; regardless of whether the Company has been advised of such damages or their possibility, or whether the above events are limited to acts of God, communication failure, theft, destruction, or unauthorized access to the Company’s records, programs, or the services, whether in contract, tort or otherwise. End-User understand and expressly agree that the Company’s total liability and your sole remedy for any non-accessibility to the services or other downtime is limited to a refund of fees paid, if any, during the Term. Under any circumstances, shall the Company’s liability, including all fees, attorney fees, and costs, do not exceed the total aggregate amount, if any, paid by End-User to the Company under this Agreement?

 

  1. Intellectual Property Rights

Apart from the rights expressly granted herein in relation to the use of the Aquiva Services, this Agreement does not transfer any intellectual property, such as Patents, Copyrights, Trademarks etc., or other property or proprietary rights to you. End-User hereby acknowledges that all rights, titles, and interest in any Services, including their constituent parts that are provided to End-User are the property of the Company, its agents, affiliates and vendors. The services and their constituent parts are just meant for your use in connection with the Aquiva Services provided to End-User as mentioned in this Agreement.

 

  1. Hardware, Equipment and Software

End-User hereby agree that you are responsible for and must provide all computers, software, hardware, and other services necessary to access Company servers by way of the Company-provided phone application software and or devices allowed including adequate Internet connectivity necessary for End-User to access the Aquiva Services fully and that the Company makes no representations, warranties or assurances that your equipment or services End-User have selected to use in conjunction with the Services will be compatible with the Services.

 

  1. Indemnification

End-User agree that End-User shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, asserted against Company, its agents, servants, officers and employees, that may arise or result from any provision of the Aquiva Services to End-User or performed or agreed to be performed on your behalf or any product or service sold by End-User, your agents, employees or assigns through the use of the Aquiva Services or in event of any contemplated or actual breach. Without limiting to what has been mentioned in the foregoing paragraphs, End-User agree to defend, indemnify and hold the Company harmless against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with the Aquiva Services provided to End-User; any material supplied by End-User infringing or allegedly infringing on the property or proprietary rights of a third party; copyright infringement; and any defective product which End-User sold or distributed by means of the Aquiva Services.

 

  1. Title and Ownership

Except to the rights, which are expressly granted in this License Agreement, End-User hereby understand and agree that there is no right transferred to you either in respect of the title to the service or documentation or interest in the service or the Documentation or any copyright to the service, or patent or trade secret or other intellectual property or proprietary rights in the service or Documentation. The Company retains the sole and exclusive rights to the part or entire service or Documentation and/or the copies thereof and End-User are obligated to assign all rights, title or interest in and to any modifications End-User effect to the service or Documentation, whether or not such modifications are expressly permitted by the Company. The service or the Documentation or the information contained in the service is the property of the Company and End-User therefore hereby agree that End-User do not engage in unauthorized use or disclosure, which would harm the interests of the Company. Upon learning any unauthorized possession or use of or access to the service and/or Documentation, End-User shall notify the Company immediately and shall furnish details of such an event and will assist the Company in preventing any recurrence thereof. End-User will also cooperate fully in any litigation or other proceedings undertaken by the Company to protect its rights thereto. Use of the whole or a part of the service may attract the service license or other fees to any third party, which End-User hereby agree to undertake the responsibility for and make payment of such incidental fees to the third party and that End-User shall not hold the Company responsible for the same.

 

  1. Miscellaneous – Governing Law; jurisdiction; forum

All the terms of this Agreement, whether expressly provided herein or implied shall be governed by and construed in accordance with the laws of Zimbabwe without regard to its conflicts of laws or its principles. End-User agrees, in the event of any claim or suit is brought in relation to the provision of the Services by the Company to End-User, to submit to the jurisdiction of Zimbabwe, and agree that the courts at Harare under Zimbabwean law as the appropriate forum for dispute resolution.

 

  1. End-User understands and agrees that End-User and your account users shall:

Notify all potential and actual users including everyone at the location in which the services will be accessed that Aquiva does not permit the tampering or disruption or cause the degradation or unauthorized intrusion of the Service, Company website, Company network or software including any type of manual or automated invasion of the same,

NOT permit End-User to infringe on the rights of the Company’s intellectual property or proprietary information or the intellectual property or proprietary information of others through the use of the Aquiva Services. All rights and titles to the intellectual property and proprietary information made available in connection with the Aquiva Service are the sole property and remain the property of the Company and its third party providers;

NOT permit use or allow to be used any auto dialers or other automated applications or devices to access the Aquiva Services or use them in conjunction with the Aquiva Services; does not permit use of Aquiva Services with extensive call forwarding continuous connectivity, fax blasting or broadcasting or telemarketing or any other type of use inconsistent with personal, non-commercial use of the Aquiva Services. Determination of a violation of this restriction is in the sole judgment of Company and shall be grounds in and of itself for account suspension or termination without prior notice;

NOT send unsolicited commercial or bulk communications by way of the Service, spam, send junk mail; and Not decompile or reverse engineer or otherwise make attempts to discover the source code for any materials provided in connection with the service.

 

  1. Refilling Is completely prohibited.

Any identified refilling of traffic would entitle Aquiva to immediately terminate End-User account. The refilling party would be reported to the regulator who would levy penalties including in terms of the Postal and Telecommunications (Penalties) Regulations, 2008 [Statutory Instrument 162 of 2008]. The  party in default shall be liable for any loss of business and damages to Aquiva due to the refilled traffic.

End-User undertake not do anything which may inhibit or interfere with the proper and normal operation of Aquiva network or with the provision of its services to its customers or other connected networks.

End-User further undertake not to do or permit to be done or omit or permit the omission of anything in relation to its user details and/or accounts which may cause any damage to the Aquiva network; or materially interfere, in any way whatsoever, with the proper and normal operation of the Aquiva network. Aquiva will be entitled to isolate any part of the network that will affect its network and/or relationships with service partners.

End-User further undertake not to manipulate, modify or alter the original call information of any calls whatsoever under the products and services offered to End-User by Aquiva for your or any other parties’ benefit.

 

  1. A person who is not a party to this Agreement has no right to enforce any term of this Agreement.

The failure of either Party to enforce or to exercise any term of this Agreement does not constitute a waiver of such term and will in no way affect that Party’s right later to enforce or to exercise it.

 

  1. Each of the provisions of this Agreement is severable.

If any provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability in that jurisdiction of the remaining provisions of this Agreement shall not in any way be affected or impaired by it. The User shall be deemed to have entered into the agreement with the company by taking up Aquiva Services.

 

  1. This Agreement constitutes the whole and only Agreement and understanding between the parties relating to its subject matter and supersedes and extinguishes any prior drafts, previous agreement, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter of this Agreement. No variation to this agreement shall be of any effect unless it is agreed in writing on behalf of each party. The User shall be deemed to have entered into the agreement with the company by taking up Aquiva Services.