Internet Service Level Agreement

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Internet Service Level Agreement Powered By Docstoc

                     Communication Systems Limited

      Service Level Agreement

COMESA Centre, Ben Bella Road, P.O Box 38299. Lusaka, Zambia Tel: +260-1-225358 Fax +260-1-224775
                                                                                               ZAMNET Communication Systems
                                                        Customer Information
           Customer/Company Name:                                                            ZAMNET Communication Systems
           Postal Address:                                                                   P.O. Box 38299
           Residential/Physical Address:                                                     COMESA Centre
           City/Country                                                                      Lusaka, Zambia
           Contact Name:                                                                     Legal Counsel
           Telephone Number(s):                                                              +260 (1) 225358/ 224149
           Fax No:                                                                           +260 (1) 224 775
           Contact e-mail address:                                                 

                Service Description:_unwired Broadband

  Service Plan:

  Service Term
 Service Start Date:
 Service End Date:

 Monthly Recurring Charges
 Service Fee:

 Modem ID:

 Customer's Obligations in Using the Service:

                  a)       Customer warrants that the Service is for use between ZAMNET and the customer.
                  b)       Customer acknowledges that the Service may be subject to the terms and conditions of service of
                           the Internet Service Provider, and may be amended by such parties from time to time.
                  c)       ZAMNET undertakes the responsibility to inform the Customer of any changes with regards to
                           terms and conditions of service of the Internet Access provider.

         Each of the parties has duly executed and delivered this" Agreement" as of the--------day of-----------------
         200...... (the" Execution Date")

                                                                         ZAMNET Communication Systems Ltd.

By:                                                             By:

Name:                                                           Name:

Title                                                           Title:
                                                      Terms and Conditions
                                          unwired Broadband Internet Service Agreement
1. Service Agreement. By executing the ZAMNET Service agreement, ZAMNET                   infringes upon the rights of others, which is unlawful, threatening, abusive,
agrees to provide, and Customer agrees to accept, Service in accordance with the          defamatory, invasive of public or private rights, vulgar, obscene or otherwise
terms and conditions set forth below and in the Service Agreement.                        objectionable, which encourages conduct that would constitute a criminal offense,
                                                                                          give rise to civil liability, or violate the law, or constitute "spamming" on the Net.
2. ZAMNET's Obligations. ZAMNET will provide the customer with internet                   Attempts to gain unauthorized access to other computer systems are prohibited.
services and necessary IP network addresses for use on the network. Additional IP         Users must comply with rules and regulations of any network they access through
addresses requested by the customer will attract a fee. ZAMNET’s responsibility           ZAMNET. The Customer agrees to indemnify and hold harmless ZAMNET from
shall end at the point where the wireless equipment connects to the customer's            any losses, damages, costs or expenses resulting from any third party claim or
computer or Network.                                                                      allegation (" claim") arising out of or relating to use of the service, including any
                                                                                          claim which, if true, would constitute a violation of the policy.
3. Customer’s Obligations. ZAMNET assumes that the customer has a qualified
Network Administrator to take care of all internal Network problems once in               10. Billing. Start-up charges are invoiced upon the customer's acceptance of this
place.                                                                                    agreement. Recurring service fees are invoiced monthly in advance. Payment is
                                                                                          due within 15 calendar days of the date of invoice and shall be quoted in Kwacha,
                                                                                          unless otherwise specified by ZAMNET, and shall be paid via a wire transfer to a
4. Interconnection. This Agreement applies to the client's interconnection to a           ZAMNET designated bank or by a Direct Debit or personally to our billing
ZAMNET Network through a dedicated link installed at the customer's premises.             department at our ZAMNET offices. Billing for monthly recurring fees will
It does NOT include maintenance or troubleshooting of any internal problems on            commence when ZAMNET and a functioning link are ready to route IP packets to
the customer's network.                                                                   the client’s site. Payments not received within 15 days after the date of invoice
                                                                                          will attract a late penalty fee for as long as the amount remains unpaid. In case of a
                                                                                          client failing to pay within the IS-day calendar payment period, the client's
5. Technical Support. The ZAMNET Technical Support Centre points of contact               services may be subject to immediate termination by ZAMNET. Termination of
will be given to the client during the service startup period. The support team will      service does not constitute relief from amounts owed prior to termination.
be available to help the client with problems regarding the optimum Internet              If an account remains unpaid after 60 calendar days from date of invoice, the same
connectivity into ZAMNET and the Internet. However, in the event of an                    shall be subject to recovery by legal action. The client will continue to be
inevitable site visit, the client will be required to pay an onsite consultation fee if   obligated to pay ZAMNET fixed monthly charge for the remainder of the term of
the problem encountered is internal and not ZAMNET's fault.                               this agreement. In case of default by client for any reason the client agrees to pay
                                                                                          ZAMNET its reasonable expenses, including lawyers and collection agency fees,
6. Term of the Agreement. The term commitment is a minimum of one year.                   incurred in enforcing ZAMNET rights under this agreement.
Any longer term should be indicated on the first page of this Agreement. Upon the
expiration of the term, this agreement will automatically renew unless either party       11. Taxes. VAT will be paid as required unless the client produces a valid VAT
terminates this Agreement pursuant to section 14.                                         exemption certificate,

7. Disclaimer Of Warranty. ZAMNET exercises no control over the content of                12. Assignment. In the case of a merger, acquisition, sale of an, or substantially
the information passing through its network. ZAMNET makes no warranties of                all, assets associated with this Agreement, ZAMNET may also at any time assign
any kind, whether express or implied for the service it is providing. ZAMNET              this agreement to a ZAMNET subsidiary. The client will be notified in writing 30
will not be responsible for any damage suffered by the client as a result of use of       days prior to such assignment.
the ZAMNET network or hub. This includes loss of data resulting from delays,
non-deliveries, or service interruptions. Use of any information obtained via             13. No Publicity. The terms of this agreement, including without limitation, both
ZAMNET’s network is at the client's own risk. ZAMNET specifically denies any              parties shall hold the prices, confidential, except as required or appropriate to be
responsibilities for the accuracy or quality of information obtained through its          disclosed to a party's legal, financial, or accounting advisers. Other than
services.                                                                                 identifying ZAMNET to the clients neither party shall publicize the existence of
                                                                                          this agreement without the consent of the other, except as may be required by
8. Limitation Of Liability. Notwithstanding anything else to the contrary stated          applicable law or regulation. All press release materials shall be reviewed and
or implied herein, neither party shall have any liability to the other or any third       approved by both parties.
party, including clients, whatsoever for any indirect incidental, consequential,
punitive or special damages, including Joss of revenue, or loss of business               14. Cancellation. Either party may cancel the service with 30 days prior written
suffered by the other or by any assignee or other transferee of the other, or any         notification or else the obligation to pay for the service will continue until such
third party even if informed in advance of the possibility of such damages, except        notice is received.
in connection with the indemnification provisions of section 7 of this agreement.
                                                                                          15. Downtime. If the client notifies ZAMNET corporate support immediately
9. Acceptable Use policy. All use of the ZAMNET Network and the service must              upon failure to access ZAMNET host computers and points of presence
comply with the then current version of the ZAMNET Acceptable Use Policy ("               (ZAMNET Network) and ZAMNET determines in its reasonable commercial
Policy") available at the following URL                         judgment that ZAMNET's Network was unavailable to the client, the remedies set
isp/zamnet_aup.html. ZAMNET reserves the right to amend the policy from time              forth shall apply if service was unavailable more than 24 hours. ZAMNET shall
to time, effective upon posting of the revised policy to the URL. ZAMNET                  provide the customer with a credit equal to 1/30 of the recurring monthly charge
reserves the right to suspend the service or terminate this Agreement effective           for service for each twenty-four hour period from time of notice of interruption
upon notice for a violation of the policy. The customer shall use ZAMNET for              until service restoration. The remedies set forth shall not apply if unavailability of
lawful purpose only. The customer shall not post or submit through ZAMNET any             ZAMNET's           Network       is     due        to      mistakes,      omissions,
material which violates or

interruptions, delays, errors, defects or curtailments caused by the negligence or    23. Network Security. The Internet network used in connection with
willful act of the customer or others or failure of client's equipment or servers,    the service is a shared resource amongst other Internet users and
client access connections, network unavailability outside ZAMNET's Network            ZAMNET customers. Hence, there is a risk that other parties maybe able
or events of force major, such as Zesco power cuts. Credits will not apply to         to access monitor and/or decode the customer's traffic. Any information
charges for credit access or any charges for services other than IP connectivity.     sent by the customer over the network is at the sole risk of the customer.
Clients with multiple connections will not receive credits pursuant to this           Accordingly, internal network security is the sole responsibility of the
paragraph if at least one connection continues with service available. Client's       customer and ZAMNET will not be held liable for any security breaches
account shall not be credited more than once per month pursuant to this               suffered by the customer as a result of hackers. By signing this
paragraph. There shall be no credits, reductions, or setoff against the charges for   agreement, the customer undertakes to take all necessary measures to
service of downtime or interruption of service unless such service interruption       secure their local network from possible external breaches.
exceeds 24 hours in duration.
                                                                                      24. Operating Systems and Patches. The customer undertakes to
16. Severability. If any term of this Agreement, or the application of such           insure that all the computers that will be connected to this service are
term to any person or circumstance, shall be held invalid, the remainder of this      running secure operating systems with all recommended security patches
Agreement or the application of such term to persons or circumstances other           and service packs. ZAMNET may restrict use of this service if any
than those to which it is held invalid shall not be affected.                         computer in the customer's network is deemed to be responsible for
                                                                                      unauthorized port scans, generation of virus or worm activities that affect
17. Documents. Each party agrees to execute, and, if necessary, to file with          other Internet hosts. The customer shall be notified and requested to take
the appropriate governmental entities and international organizations, such           remedial measures before normal services can be restored. If the
documents, as the other party shall reasonably request in order to carry out the      customer engages ZAMNET to cleanup the network or computers, a
purposes of this Agreement.                                                           standard callout charge shall be demanded from the customer.

18. General Notices. All notices and other communications from either                 25. Bandwidth Allocation. The customer understands that this is a
party to the other, except as otherwise expressly provided shall be in writing        shared service and therefore at certain times the service may be slower or
and, shall be deemed received upon actual delivery or completed e-mail,               faster depending on the number of subscribers online at any given time.
facsimile addressed to the other party at the address and/ or facsimile number set    For this purpose, ZAMNET has provided a guide on how many
forth in the Service Order. Each party will advise the other of any change in the     computers can be connected to the link on a particular service plan.
address, designated representative or telephone or facsimile number.                  ZAMNET may, however, allocate more bandwidth than what the
                                                                                      customer has subscribed to during off-peak
19. No Third Party Beneficiary. Other than as specifically set forth in this
Agreement, the provisions of this Agreement are for the benefit only of               26. Modem Return Policy ZAMNET makes every effort to adequately
ZAMNET and Customer, and no third party may seek to enforce or benefit from           advise customers regarding the performance and signal availability of the
those provisions. Both parties acknowledge and agree that the Operational             wireless modem. However, in the event that the customer purchases the
                                                                                      equipment and finds that it does perform according to expectation,
Requirements are intended for the benefit of both ZAMNET and all its other
                                                                                      ZAMNET will refund the full cost of the equipment provided the
                                                                                      following conditions are met
                                                                                            •    The equipment must be returned within 2 working days from
20. Representations and effective dates. This Agreement supersedes all                           the date of purchase
previous representations, understandings or agreements and shall prevail not                •    The equipment and all accessories must be returned in its
withstanding any variance with terms and conditions of any order submitted.                      original packaging and in working state.
Use of ZAMNET's network and/or client's signature on this Agreement
constitutes acceptance of this agreement. The effective date of this agreement is
the date of the signature of a duly authorized representative of the Client below.

21. Waiver. No failure on the part of either party to exercise, and no delay in
exercising, any right or remedy hereunder shall operate as a waiver thereof; nor
shall any single or partial exercise of any right or remedy hereunder preclude
any other or further exercise thereof or the exercise of any other right or remedy
granted hereby or by law.

22. Counterparts. This Agreement maybe executed in several
counterparts, each, of which shall be deemed an original.