Terms & Conditions

SAVANNA FIBRE (TANZANIA) LIMITED (INTERNET SERVICES) TERMS & CONDITIONS

These terms & conditions shall constitute a legally valid and subsisting agreement ("Agreement") between Savanna Fibre (Tanzania) Limited (hereinafter referred to as the 'Company'/'SFTL') and the Customer (their respective assigns/heirs/executors/administrators), as the case may be. These terms & conditions are understood, acknowledged and accepted by the Customer, including existing ones, and shall be applicable to the Customer immediately upon activation for availing internet services under the brand name 'Savanna Fibre'.

1. DEFINITIONS AND INTERPRETATION
  1. These Terms and Conditions shall govern the provision of Internet service by Savanna Fibre (Tanzania) Limited upon acceptance of all the terms and conditions provided herein.
  2. In this agreement:
    1. "Agreement" or "Terms and Conditions" means the application form, terms and conditions also set out in https://savannafibre.co.tz together with amendments thereto; "Application Form" means the form filled by the Customer requesting for the Services and shall at all times be subject to these terms and conditions;
    2. "Charges" means the amounts payable for the Services as published in the Tariff Guide from time to time including any applicable deposit;
    3. "Connection" means the activation of the Services following successful installation of the cables and SFTL Equipment including television cable network decoder, router, cable data modem and telephone where applicable, belonging to SFTL at the address of the Customer's premises provided in the Application Form and the integration with the Customer's Equipment. The term "Connected" shall have similar meaning;
    4. "Connection Charge" means a charge for connection to the SFTL;
    5. "Content" means video, voice, sound, information, communication, data or any other material transmitted or communicated through the Services;
    6. "Customer" means the subscriber applying for, or using the Services;
    7. "Customer Equipment" means the compatible systems and infrastructure necessary for the Customer to access the Services, including but not limited to servers and routers;
    8. "Customer Premises Equipment" or "CPE" means the compatible systems and infrastructure (including, but not limited to Internet Cable Modem, servers and routers) where applicable, all cabling and embedded software) supplied by SFTL and that is necessary for the Customer to access the Services through the Network;
    9. "Customer Site" means the residential address place at the designated Customer's address provided in the Application Form where SFTL Equipment and Services will be installed;
    10. "Downgrade" means the provision of Services of lower capacity by SFTL to the Customer, for example, fewer television channels or Internet speeds than the Customer has subscribed to during the prevailing Term of this Agreement;
    11. "Electronic Bill" means SFTL's electronic billing facilities providing the Customer with access to billing data, current or historical, either via email or online through a prescribed SFTL's website;
    12. "Fair Use Policy" means the Fair Usage Policy established by SFTL to monitor and control its Network resources to give all users fair access to those resources. As is the case with all broadband Internet services, the users of SFTL's Network share the available system capacity that connects them to the Internet and the Fair Use Policy ensures that this capacity is not used disproportionately by some and others are penalised on the account of the disproportionately heavy users SFTL Fair Usage Policy.
    13. "Material Breach" means a breach of a Term of this Agreement which cannot be remedied;
    14. "Monthly Recurring Charge" means the charges set out in the SFTL's Tariff Guide for the provision of the services;
    15. "Network" means the fibre-optic of Wi-Fi network operated by SFTL, its subsidiary(ies), holding company and/or its third party providers to facilitate the provision of the Services;
    16. "Offending Material" means any Content that is:
      1. in breach of any law, regulation or code of practice invoked by SFTL or the industry regulator or any policy adopted by SFTL and communicated to the Customer with regard to the acceptable use of the Services; or
      2. abusive, indecent, defamatory, obscene, offensive, menacing or a threat to the health and safety of any third party; or
      3. in breach of confidence, intellectual property rights, privacy or any right of a third party;
    17. "Party" means either the Customer or SFTL and "Parties" mean both SFTL and the Customer;
    18. "Services" means Internet services and any other electronic multi-media services provided by SFTL pursuant to this Agreement, whose services are more particularly set out in the Application Form and are/or may be provided under the SFTL brand name or any other brand name as may be adopted by SFTL from time to time;
    19. "Service Level Agreement" means the document published by SFTL from time to time and that is deemed to have been incorporated in these Terms and Conditions setting out the uptime, maintenance and incident management services to be provided by SFTL to the Customer following the Connection of the Services;
    20. "Set-up Fee" means the fee to be paid by the Customer for connection of the Customer's Equipment to SFTL Equipment and thereafter, the Network in order for the Customer to access the Services;
    21. "Standard Tests" means the tests carried out by SFTL or its appointed sub-contractors to determine whether the Services are Connected;
    22. "Tariff Guide" means the list of charges for the Services as published and varied by SFTL from time to time;
    23. "Upgrade" means the provision of Services of higher capability by SFTL to the Customer, for example, more television channels, or higher Internet speeds than the Customer has subscribed to during the prevailing Term of this Agreement.
    24. "SFTL" means Savanna Fibre (Tanzania) Limited of 14th Floor, Derm Plaza, Plot No.18 Block 45A, Kijitonyama Area, Bagamoyo Road, Dar es salaam, Tanzania;
    25. "SFTL Equipment" means equipment (including any software) installed at the Customer's Site by SFTL for the provision of the Services;
  3. In this Agreement, unless the context otherwise requires, any reference to:
    1. the singular includes the plural and vice-versa;
    2. a person includes reference to a body corporate or other legal entity;
    3. any written law includes that law as amended or re-enacted from time to time;
    4. any agreement or other document includes that agreement or other document as varied or replaced by the Parties in writing from time to time;
    5. words importing one gender shall be construed as importing the other gender; and
    6. any Party includes that Party's successors and assigns.
  4. Clause headings are inserted for convenience only and shall be ignored in construing this Agreement.
2. TERM & TERMINATION
  1. The Service will continue until terminated in accordance with this clause 2 of the Agreement.
  2. When the Customer subscribes to the Service for a fixed term, the subscription will automatically be renewed at the expiry of the term, on a monthly basis, unless the Customer terminates in accordance with the provisions of this Agreement.
  3. The Customer may terminate this Agreement at any time by a thirty (30) days' written notice to SFTL.
  4. The Customer may terminate this Agreement at any time by a thirty (30) days' written notice to SFTL and returning the equipment to SFTL offices.
  5. The Customer agrees that if the Customer has paid subscription to the Service in advance and the Service is subsequently terminated prior to the expiry of the subscription period paid for, then:
    1. for monthly subscriptions, the Customer will not be entitled to a refund of or credit for any amount paid for the unused portion of the subscription period;
    2. for multi-month subscriptions, SFTL may, depending on the circumstances of the termination of the Service, refund or credit for any amount paid for the unused portion of the subscription period PROVIDED that the unused portion of the subscription is not less than 30 days.
  6. SFTL will terminate this Agreement and deactivate the Service at any time without providing notice to the Customer if:
    1. The Customer fails to make payment when it is due; and it remains unpaid for a period of thirty (30) days in the case of multi-month subscriptions and on the due date in the case of monthly subscriptions;
    2. SFTL receives confirmation that the Customer has received the Service, or any part of the Service without paying for it; or
    3. The Customer otherwise breaches or causes breach of this Agreement.
  7. If the Service is terminated for any reason, the Customer remains responsible for payment of all outstanding amounts that may have accrued on the Customer's account.
3. APPLICATION OF TERMS AND ORDER FOR NEW SERVICES
  1. Application of Terms
    1. By submitting a completed Application Form to SFTL, the Customer confirms that they have read, understood and accepted all the Terms and Conditions of this Agreement.
    2. No Terms or Conditions endorsed upon, delivered with or contained in the Customer's quotation, acknowledgement, purchase order or other Customer documents will form a part of this Agreement and the Customer waives any right which it might have to rely on such terms and conditions.
    3. The Customer acknowledges that it may use the Services in conjunction with other SFTL current or new products and services and accepts it will comply with the Terms and Conditions of such other SFTL products and services while utilising the same in addition to the Terms and Conditions set out in this Agreement.
    4. The Customer agrees that SFTL will make available on SFTL customer database, the Customer's account information (inclusive of the Customer's contact information).
  2. Orders for New Services
    1. The initial Services to be provided by SFTL to the Customer are as set out in the Application Form.
    2. The Customer shall provide SFTL with a copy of a valid national identity card or passport and full address of the Customer Site where the Services are to be provided.
    3. In the event that SFTL offers new services and the Customer requires to utilise such new Services then:
      1. The Customer may place orders with SFTL for such new Services as and when required by submitting a written request to SFTL or completing such electronic order form via the Network as may be made available by SFTL at that time or through SFTL's website.
      2. If SFTL elects to accept such an order it shall do so by notice in writing or by allowing access of the requested Services upon payment of the required Charges.
      3. All orders for the new Services placed by the Customer and accepted by SFTL shall be governed by the terms of this Agreement.
4. SUPPLY OF THE SERVICES
  1. Installation and Access
    1. The Customer shall, at its own expense and in order to facilitate the installation and use of the Customer Premises Equipment:
      1. obtain all necessary consents, way leaves, rights of way, including consents for any necessary alterations to buildings where the Customer Site is located;
      2. provide a suitable environment, accommodation and foundations, including all necessary trunking, conduits and cable trays in accordance with the relevant installation standards;
      3. take up or remove any fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition covers as SFTL advises are necessary, and carry out afterwards any making good or decorator's work required;
      4. provide any electricity and connection points required by SFTL; and
      5. carry out all other preliminary works including having in place such Customer Equipment, of such specifications as are communicated to the Customer by SFTL as required to be in place prior to any installation of the Customer Premises Equipment and Connection to the Network.
    2. SFTL may provide assistance to the Customer to facilitate the connection according to its prevailing policies and the Customer shall be deemed to have consented to accept any such assistance upon giving SFTL access to the Customer Site.
    3. To enable SFTL to carry out its obligations under this Agreement or to recover any of its Customer Premises Equipment from the Customer Site, the Customer shall provide SFTL employees and anyone acting on SFTL's behalf, who produces a valid SFTL identity card access to any Customer Site.
    4. SFTL employees and anyone acting on SFTL's behalf will observe the Customer's reasonable site access regulations as advised by the Customers during the site visit.
    5. SFTL shall use reasonable endeavours to meet any agreed delivery dates for the supply of the Customer Premises Equipment and related accessories to the Customer.
    6. SFTL may without the consent of the Customer employ the services of a sub-contractor to install the Customer Premises Equipment and undertake any works thereto.
    7. That the Internet Service component of the Services is a shared resource and that the Internet bandwidth speeds quoted on the Tariff Guide are the local speeds provided by SFTL between the Customer's Site and SFTL's data centre in Dar-es-Salaam and that the international bandwidth component of the Internet service is contended by all users.
    8. The Customer acknowledges and agrees that the Internet service component of the Services shall be subject to a Fair Use Policy as more particularly described in a schedule of the Application Form.
  2. Equipment & Care
    1. SFTL provides the Customer with Customer Premise Equipment to assure compatibility of its Network and Services and Customer and must not in any way interfere, alter or modify the Customer Premises Equipment or any embedded software supplied as part of the Customer Premises Equipment nor allow anyone (other than an authorised SFTL representative) to do so.
    2. SFTL may provide the Customers with Customer Premise Equipment of varying capability based on the initial Services selected by the Customer in the Application Form.
    3. The Customer acknowledges and agrees that the Customer Premise Equipment shall at all times belong to, and remain the property of, SFTL throughout the duration of this Agreement.
    4. The Customer agrees to be fully responsible for good care of the Customer Premise Equipment during the term of this Agreement.
    5. The Customer is responsible for the care and safety of the Customer Premises Equipment and must not add to, modify, reverse engineer, decompile or in any way interfere with the Customer Premises Equipment.
    6. Any Customer Equipment connected to the Customer Premises Equipment or otherwise used to access the Services must be technically compatible with the Customer Premises Equipment and the Services.
    7. The Customer shall be liable to SFTL for any loss of or damage to the Customer Premises Equipment, except where such loss or damage is due to fair wear and tear or is caused by SFTL.
    8. The Customer recognises that no right, title or interest in the software contained in the Customer Premises Equipment vests in the Customer.
    9. SFTL accepts no liability for any loss suffered by the Customer or any third party as a result of the Customer's misuse of the Customer Premises Equipment or for any accidental damage.
    10. The Customer shall immediately notify SFTL of any fault, damage, loss, or theft of any Customer Premise Equipment and shall be responsible for its replacement costs at the prevailing retail costs of the equipment.
    11. Customer warrants and agrees that it will notify SFTL in case of change of their address or termination to enable SFTL to collect equipment and install the customer in their new address.
    12. Without prejudice, SFTL shall only be responsible for the replacement of the Equipment in the case of manufacturer's defects covered by Warranty.
    13. Save for the above, all conditions or warranties in relation to any SFTL Equipment including the Customer Premise Equipment are excluded to the fullest extent provided by law.
    14. The Customer shall give possession to SFTL or its authorised agents any SFTL Equipment that the Customer believes to be damaged, faulty or defective, within ten (10) business days of finding the fault or defect.
    15. If the Services are terminated for whatever reason, the Customer shall immediately notify SFTL and initiate without delay access to Customer Site for SFTL's authorised agents for the purpose of uninstalling and recovery of the Customer Premise Equipment.
  3. Use of the Services
    1. The Services are intended for private, personal or family residential use and enjoyment and are not intended for business, commercial or public uses.
    2. Access passwords: The Customer shall be granted access to the Services by SFTL through the use of certain passwords. The Customers shall exercise all due care and diligence in order to ensure the secrecy and confidentiality of the access passwords at all times.
    3. The Customer shall not utilise and shall ensure that no other person utilising the Customer's access to the Services uses the Services:
      1. for resale or redistribution to any other person or entity; or
      2. for storing, reproducing, transmitting, communicating or receiving any Offending Material; or
      3. for fraud or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or
      4. to cause annoyance, inconvenience or needless anxiety to any person.
    4. The Customer shall not directly or indirectly reproduce, distribute, publish, copy, download or otherwise exploit any content belonging to a third party and or SFTL, which is protected by copyright or other intellectual property rights.
  4. Upgrade and Downgrade of the Services by the Customer
    1. The Customer may make an application to SFTL to Upgrade or Downgrade the Services as and when required by submitting a written request to SFTL.
    2. The Customer agrees that a request for an upgrade or downgrade of service will be charged at the prevailing market rates and such payment will be made to SFTL prior to the next billing date.
    3. Any applicable Deposits and/or Installation Charges shall be payable upon acceptance of the Customer's application and prior to the Upgrade.
    4. SFTL shall effect the Upgrade on the Customer's next monthly billing anniversary from the date of acceptance of the Customer's application.
  5. Suspension or Variation of the Services
    1. SFTL may in its sole discretion suspend or vary the Services without liability to compensate the Customer for any period during which:
      1. SFTL is required or requested to comply with an order or instruction of or on recommendation from the Government, court, regulator or other competent authority;
      2. SFTL reasonably suspects or believes that the Customer is in breach of the Terms and Conditions of this Agreement;
      3. such a suspension or variation is necessary to facilitate modifications to, or allow for planned maintenance of the Network;
      4. the Customer has not paid the Charges by the due date.
    2. In any of these events, notice will be given via electronic means, SMS or on the SFTL website.
    3. The Customer shall reimburse SFTL for all reasonable costs and expenses incurred as a result of the suspension, termination or variation of the Services where the suspension is implemented by SFTL as a result of any act or omission by the Customer.
    4. The Customer will be liable for all periodic charges during any period of suspension where such suspension is occasioned by an act or omission of the Customer.
5. PAYMENT TERMS
  1. Unless otherwise specified by SFTL:
    1. Any applicable Deposits and/or Installation Charges shall be payable upon acceptance of the Customer's application and prior to connection to the Network.
    2. Other Charges applicable to the Services shall be as set out or referred to in SFTL's Tariff.
  2. SFTL will, if the Customer so requests, issue and email an invoice to the Customer upon prepayment for the Services, at the email address specified in the Application Form.
  3. If prepayment has not been received by SFTL by the due date of the Customer's monthly billing anniversary then SFTL shall suspend the Customer's access to the Services until receipt of pre-payment in full.
  4. If SFTL does not receive from the Customer the payment for the Services for a continuous period of 90 days, SFTL shall initiate the uninstallation and collection of the Customer Premise Equipment.
  5. Without prejudice to any other right or remedy, SFTL reserves the right to set off any amount owing at any time from the Customer to SFTL against any deposits or prepayment held by SFTL for the Customer under this Agreement.
  6. Customer acknowledges that they have been notified and or advised of the various packages offered by the company and that they have made an informed decision on the packages selected and prices thereof.
6. EXCLUSION OF LIABILITY
  1. The Customer agrees that the following exclusions of liability are reasonable:
    1. SFTL, its officers, employees, sub-contractors, agents and partners will not be liable to the Customer or any party for:
      1. any direct, indirect, anticipated savings, goodwill, consequential, incidental or special loss, corruption or loss of data, injury, loss of life, destruction of property or damage to Customer Site or adjacent property or other costs arising out of or in connection with this Agreement;
      2. any losses arising in connection with Force Majeure events or other circumstances outside our control;
      3. the loss, late receipt or non-readability of any download, transmission, or other communications or loss of data, data privacy or security transmission;
      4. any loss or damages related to slow speeds by SFTL;
      5. for any damage to the Customer Equipment or loss of data following the use of the Services;
      6. any charges or losses incurred as a result of or unauthorised use of the Services including following a theft of the same.
  2. Except as provided in this Agreement, SFTL provides no warranties, conditions or guarantees as to the description or quality of the Services.
  3. Notwithstanding any other provisions of this Agreement, the Customer confirms and undertakes to indemnify and keep indemnified SFTL on demand for and against all proceedings, costs, claims, damages, expenses and liabilities arising out of any breach of this Agreement by the Customer.
  4. By signing up for the service the Customer agrees and grants SFTL permission to make alteration to the Customer premises and which SFTL deems appropriate for purposes of provision of the Services.
7. FORCE MAJEURE
  1. Neither Party shall be liable for any delays or failures to perform its obligations under this Agreement (except the payment of money due by the Customer) to the extent such delays or failure is caused through a Force Majeure Event which means any circumstances beyond the reasonable control of either party including but not limited to:
    • War, whether declared or not, civil war, civil violence, riots and revolutions, acts of piracy, acts of sabotage;
    • Natural disasters such as violent storms, cyclones, earthquakes, floods and destruction by lightning;
    • Acts or directives of authority, whether lawful or unlawful;
    • Acts and omissions of any third party telecommunications provider or any utility provider;
    • Pandemics, fire, explosion, vandalism, cable cut;
    • Any law, order, regulation, direction, action or request of any government;
    • National emergencies, unavailability of materials or rights-of-way;
    • Insurrections, riots, terrorist acts or strikes, lock-outs, work stoppages;
    • Supplier failures, shortages, breaches or delays.
  2. The Party so affected by the Force Majeure shall promptly notify the other Party of the Force Majeure event and use its best effort to mitigate the effect thereof.
  3. If the Force Majeure event persists for a period of more than thirty (30) days preventing the performance of its obligations by a party then either party may terminate this agreement by giving seven (7) days written notice.
8. DATA PROTECTION
  1. The Customer hereby consents to the Processing by SFTL of its Personal Information and any other information that the Customer may provide to SFTL for all purposes related to providing the Services.
  2. SFTL may disclose Personal Information:
    1. to its affiliates, professional advisors and other service providers of SFTL, including credit bureaux, banks, and collection agencies;
    2. For monitoring or recording of access to voice or data services for our business purposes such as quality control and training;
    3. For reasonable commercial purposes connected to your use of the services, such as marketing and research related activities.
  3. SFTL shall:
    1. use its best efforts to keep Personal Information confidential;
    2. utilise reasonable technical and organisational measures in accordance with best industry practice;
    3. at all times strictly comply with the Personal Data Protection Act of 2022 and other applicable laws;
    4. not copy, compile, collect, collate, Process, mine, store, transfer, alter, delete, interfere with or in any other manner use Data for any purpose other than providing the Services to the Customer except with the express prior written consent of the Customer or as may be required by the law.
  4. The Customer acknowledges that it is primarily responsible for complying with any data protection obligations imposed in terms of any law.
  5. The Customer shall immediately notify SFTL if there is any change to its Personal Information, or to correct any errors in the Customer's account or Customer information.
  6. The Customer is entitled to withdraw its consent to the Processing of its Personal Information by giving written notice to SFTL.
  7. Subscriber grants its express consent to the Company to collect, and use information (including sensitive personal information) of the Subscriber for the following purposes:
    1. Share information with regard to the subscription account such as alerts and account information;
    2. Fulfil the Subscriber's requests regarding the Services;
    3. Respond to inquiries and conduct market research;
    4. Enforce the legal terms or for other legal purposes;
    5. Prevent fraud or potentially illegal activities;
    6. Perform analyses and provide technical support;
    7. Improve its products and/or Services;
    8. Share marketing materials and contact Subscriber for surveys or feedback;
    9. Execute other activities such as promotional activity, marketing campaigns;
    10. Recommend products and services and provide ads, offers and other sponsored content;
    11. Perform its obligations and duties as required by customary business practices;
    12. Deliver personalized features, advertisements, suggestions, content, products and offerings;
    13. Facilitate and ease payments by permitting storage of such information such as your credit or debit card number.
9. FAULT REPORTING AND REPAIR
  1. If the Customer reports a fault in the Services, SFTL will remedy the fault within the timelines defined upon reporting of the fault.
  2. If work of any kind done by SFTL in response to a complaint made by the Customer of a fault in the Service reveals no such fault, or the fault is found not to be in the Service, or the fault is as a result of the Customer's Equipment or otherwise caused by the Customer's default, SFTL shall be entitled to demand payment from the Customer for the work done by SFTL.
10. EFFECT OF TERMINATION
  1. Termination shall not affect any provision of this Agreement expressed to have effect after termination, or any other rights either Party may have against the other Party subsisting at the time of termination.
  2. SFTL shall use all reasonable endeavours to disconnect the Customer Premises Equipment from the Network and to uninstall and recover the Customer Premise Equipment from the Customer Site immediately upon notice to do so.
  3. The Customer shall cooperate and allow SFTL or SFTL's authorised representatives to uninstall and recover its Customer Premise Equipment and any other SFTL Equipment at the Customer premises without delay.
11. VARIATION OF THE AGREEMENT
  1. SFTL may change this Agreement at any time upon issuance of a thirty (30) days' notice to the customer.
  2. In addition to SFTL's right to change this Agreement under clause 11.1 above, SFTL may also change this Agreement at any time with the agreement of the Customer. SFTL will give the Customer written notice of the changes and publish details of any change on the SFTL Website at least 30 days before the change is to take effect. The Customer shall, within 30 days of the service of SFTL's notice, communicate its acceptance or rejection of the proposed changes. SFTL shall deem the Customer as having accepted the proposed changes if it does not receive the customer's rejection within the provided 30 days.
12. NOTICES
  1. The Customer must notify SFTL of any change of address, user or contact detail immediately upon such change been effected. The Customer agrees that in the event the change includes a physical change of address the Customer will notify SFTL to effect the removal of the Customer Premises Equipment and the installation of the same at the new address of the customer.
  2. Any notices in regard to any information that SFTL may wish to send to the Customer from time to time including but not limited to variations to the Services or Tariffs, any promotions and other information will be at the contact details specified in the Application Form.
  3. The customer hereby accepts and agrees that its use of the services shall be subject to SFTL's Fair usage policy.
13. GOVERNING LAW

The construction, validity and performance of this Agreement shall be governed in all respects by the Laws of United Republic of Tanzania.

14. ELECTRONIC SIGNATURES
  1. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. Without limitation, "electronic signature" shall include faxed or emailed versions of an original signature or electronically scanned and transmitted versions (e.g., via pdf) of an original written signature.
  2. The parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be "written" or "in writing," (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files.
15. CUSTOMER ONBOARDING AND RETENTION
  1. Customers shall apply for the services either through email or a telephone call to SFTL and shall give basic information such as their name, where they are located, the package they want to subscribe to and their contact details.
  2. SFTL shall provide the Customer with the charges to be incurred (including but not limited to installation costs and the package subscription costs).
  3. The Customer shall pay the requisite amount and shall receive an email or text message acknowledging receipt of payment.
  4. SFTL shall send its employees, agents or representatives to install the Customer Equipment and the Customer shall be instructed on how to power on the device, customer care contacts to call or write to in case they have queries or would like to report downtime in the system.
  5. Subscription is on a year over year basis however, after the first year, Customers may opt to subscribe monthly or yearly.
16. DISPUTE RESOLUTION

Should any dispute arise between the Parties hereto with regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of this Agreement, the Parties shall:

  1. in the first instance, resolve the dispute through good faith and business-like amicable negotiations within Ten (10) Business Days of either Party notifying the other through a notice in writing of the existence of a dispute;
  2. failing which, in the second instance, resolve the dispute through court-annexed mediation facilitated by a mediator appointed by the Parties. If parties fail to agree on the selection of a mediator, the court in which the matter has been filed shall appoint one mediator to hear and determine the case. The seat of the mediation shall be Dar-es-Salaam, Tanzania and shall be conducted in English; and
  3. where parties are unable to reach an agreement on the issues in the dispute, the mediator shall declare the mediation failed in accordance with the Court Annexed Mediation Guidelines, 2024 upon which, either party may refer the dispute to a court of competent jurisdiction.
  4. The terms of this Agreement shall not prevent or delay the parties from seeking orders for specific performance or interim or final injunctive relief on a without notice basis or otherwise.