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Home Connection Onboarding Form-20Mbps..pdf

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DATE:
GPON PROJECT:
LOCATION:
CONTACT DETAILS
NAME:
TELEPHONE NUMBER:
EMAIL ADDRESS:
BLOCK NUMBER:
APARTMENT NUMBER:
CLIENT SIGNATURE:
CIRCUIT DETAILS
SPLITTER ID:
ONU ID:
SERVICE PROFILE:
CUSTOMER ACCEPTANCE:
We hereby certify that the installation and setup has been completed and the circuits mapped to the specifications. *
* If this Handover Form is not completed, signed and returned to Liquid Telecom within 4 business days of receipt by the customer, the customer will be
deemed to have accepted the service and invoicing shall commence from the date that the setup was completed by Liquid Telecom.
Name:
Signature:
Date:
Service Delivery Department
Customer Representative
* This handover form must be signed and/or Stamped by an authorized person on behalf of the customer.
P.O. Box 8373, 5th Floor Plot 4-5 Nyabong Road
Tel.: 041-4562800, Fax: +256 414 342192
TIN: B94-1002-1237-C
BMK House, Kampala, Uganda
www.liquidtelecom.com
VAT No: 28776-P
Appendix A: Price Sheet
’s Residence
Service: Unlimited Internet
Set Up Fee - One Time
Item
Item
No.
1
Equipment, Installation configuration &
Commissioning Fee- P2P Equipment:
Equipment remains Liquid Property
Unit Price
(net) UGX
SetUp Fee
Recurring Costs Payable in Advance
Item
Item
No.
1
Monthly Direct Internet Access
Silver Fibroniks up to 20/20mbps
120,000
Months
1
Total Price
(net) UGX
120,000
Unit Price
UGX
1
169,000
Recurring Costs


Total
UGX
120,000
Total Price
UGX
169,000
169,000
Total
UGX
169,000
169,000
Cheque Payments should be in the name of Liquid Telecommunication Uganda Ltd.
Payment in Uganda Shillings may be made at the prevailing Liquid Telecom
exchange rate.
For Client (Name)
Signature
For Liquid Telecom (Name)
P.O. Box 8373, Plot 4-5 Nyabong Road,
5TH BMK House, Kampala, Uganda
Signature
Tel: 041-4562800, Fax: +256 41 4342192
www.liquidtelecom.com
TIN:B94-1002-1237-C
VAT No: 28776-P
APPENDIX B
TERMS & CONDITIONS FOR SERVICE AGREEMENT
BETWEEN
LIQUID TELECOMMUNICATIONS UGANDA LIMITED
AND
………………………………………………………………………………………………………………..
LTU 2013 Limited, P.O. Box 8373, BMK House 5th Floor Plot 4-5 Nyabong Rd next to Hotel Africana, Kampala, Uganda. Tel: +256
414 562800, www.liquidtelecom.com
1. SUPPLY
LTU undertakes to provide Up to 20Mbps to the Customer as detailed in the Service Agreement.
2. INSTALLATIONS AND MAINTENANCE
2.1.
Installation
Installation of the connection will be effected by Liquid approved personnel liaising with an employee of
the Customer. The Customer undertakes to provide full access and any technical/personnel help
necessary for the installation and maintenance of the connection. Unless otherwise specified in the
service Agreement, the installation covers service connectivity up to one chosen point of the connection
i.e. to a router, server or PC.
For Service requiring the installation of any infrastructure, Liquid Telecom will provide the Customer
with a Customer Site Requirement Specification document ("CSRS") which outlines the details of the
work to be conducted within the premises, to enable Liquid Telecom to deliver the Service. In the event
that the Customer is not the owner of the building/property where such infrastructure is required to be
installed, it is the obligation of the Customer to obtain the signature of the owner there of before Liquid
Telecom is able to undertake any such activities.
Liquid Telecom shall be entitled to conduct a commercial and technical feasibility evaluation of the
specified Services. In the event that that the outcome of such feasibility evaluation is that the proposed
Service is considered by Liquid Telecom not to be feasible based on the specifications contained in the
Agreement, Liquid Telecom shall notify the Customer and in the event that Liquid Telecom and the
Customer are unable to agree on amended specifications that will render the Service feasible, this
Agreement shall be of no further force and effect and neither Party shall have any obligations in relation
thereto.
2.2.
Maintenance
Liquid will provide pro-active end-to-end link monitoring and remote management of the Customer's
connection through Liquid's network operation center (NOC) to ensure highest availability and quality of
service level of the connection.
After the expiry of the warranty period (a separate warranty document might apply), Liquid will bear no
liability under this agreement for the cost of replacement and/or repair of supplied hardware in the event
of its failure.
3. PRICE AND PAYMENT
Cost details and subscription charges are outlined in the service Agreement. Liquid will issue invoices for
traffic charges monthly in advance from the effective delivery date, payment being due within 30 days of
delivery of the invoice. Liquid reserves the right to interrupt service to the Customer in the event of any default
of payment. Such interruption does not relieve the Customer from paying any amount overdue and payable
under the Service Agreement. Prices are subject to change provided one month's notice is given prior to the
change and agreed upon with the Customer in writing.
4. TERMINATION
4.1. The Customer may terminate this Agreement with 30 days’ written notice to Liquid following failure by Liquid
to provide the Services in accordance with the terms of the Service Agreement and failure to remedy such
breach within 10 (ten) days following written notification of such breach from the Customer. The termination
of the Agreement by the Customer in this Clause 4.1 shall not entitle Liquid to an early termination fee.
4.2. The Customer may terminate this contract for convenience with 30 (thirty) days’ written notice and Liquid will
charge an early termination fee being 40% of the waived installation costs of which shall be paid before the
effective date of termination.
4.3. Liquid Telecom may terminate this Service Agreement for cause immediately and without notice if the
Customer has failed to pay the monthly charges prescribed by Liquid Telecom for a continuous period of two
LTU 2013 Limited, P.O. Box 8373, BMK House 5th Floor Plot 4-5 Nyabong Rd next to Hotel Africana, Kampala, Uganda. Tel: +256
414 562800, www.liquidtelecom.com
months. The Customer shall also be liable to pay the early termination fee of 40% of the waived installation
costs following this termination.
4.4. In the event of liquidation, insolvency and/or receivership, either party may terminate this Agreement
immediately without notice.
5. UPGRADE
Any changes or upgrades of bandwidth service levels are possible at any time during the duration of this
Agreement. This will not change the Agreement duration or automatic renewal as set forth except in the event
of additional equipment Liquid might have installed for the new service level. In this case the existing
Agreement will be replaced by a new Agreement. This change of Agreement and termination of the existing
Agreement will not make the Customer liable to pay any termination fee.
6. FORCE MAJEURE
Liquid shall not be liable for any failure of, or delay in, performance hereunder due to causes beyond
reasonable control, including but not limited to: acts of God, fire, explosion, vandalism, cable cut, storm, solar
constellations or other similar catastrophes; any law, order, regulation, direction action or request of any
government, including state, provincial, departmental or local governments having jurisdictions over either of
the parties, or any department, agency, commission, court, bureau, corporation or other instrumentality of any
one or more of said governments, or of any civil or military authority; epidemic or pandemic outbreaks, national
emergencies, insurrections, riots or wars; or strikes, lock outs power cuts and spikes, work stoppage or other
labor difficulties.
7. PROPER USE
7.1. The Liquid connection and service may only be used for lawful purposes by Customer at the installation site
and in conformity with Liquid’s Acceptable Use Policy. Transmission of any material through this
connection or the use of this connection in violation of any Ugandan Law or regulation is prohibited.
7.2. The Customer acknowledges that Liquid is unable to exercise control over the content of the information
passing over the connection and/or the Liquid network, and Liquid hereby excludes all liability of any kind
for the transmission or reception of infringing information of whatever nature.
7.3. The Customer hereby agrees to indemnify and hold Liquid harmless from any claim brought by third parties
alleging that use of this connection and/or the Liquid network by the Customer has infringed any
intellectual property right of any kind or any applicable Ugandan or international law or regulation. The
Customer shall defend and pay all costs, damages, awards, fees (including legal fees) and judgments
finally awarded against Liquid arising from such claims, and shall provide Liquid with notice of such claims,
full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend
such claims, at the Customer's sole expense.
7.4. The Liquid network may be used by the Customer to link into other networks worldwide and the Customer
agrees to conform to the acceptable use policies of such networks and the Internet in general, including
but not limited to abuse of Internet, port scanning, open mail relays and spam mail (un-solicited e-mail).
In addition, the Customer undertakes to conform to the protocols and standards defined in the following
Internet documents: RFC1009, RFC1122, RFC1123 and RFC1250, and such future protocols and
standards as appropriate. In the event that communication by the Customer does not conform to these
standards, or if the Customer makes profligate use of the Liquid network to the detriment of Liquid, its
customers or the global Internet and its standard practice as set forth, Liquid reserves the right to restrict
passage of the Customer's communications until the Customer gives a suitable undertaking as to use,
which will be confirmed and monitored by Liquid Network Operation Center (NOC). Without prejudice to
the foregoing, the use of IP Multicast other than by means provided and coordinated by Liquid is
prohibited.
8. RESTRICTION ON TRANSFER
Freedom to resell the broadband connection or capacity and any business thereof does not extend beyond
the physical confines of the installation site, unless the Customer is holding a respective operator's and service
license from the Uganda Communications Commission (UCC), which the Customer will avail to Liquid in copy
upon request.
LTU 2013 Limited, P.O. Box 8373, BMK House 5th Floor Plot 4-5 Nyabong Rd next to Hotel Africana, Kampala, Uganda. Tel: +256
414 562800, www.liquidtelecom.com
9. EXCLUSION OF WARRANTIES
Any condition or warranty, which might be implied or incorporated within the service Agreement, by reason of
statute or common law or otherwise, is hereby expressly excluded so far as may be permitted by law. While
Liquid will use all reasonable endeavors to provide a prompt and continuing service, in no circumstances will
Liquid be liable for any economic or consequential loss beyond the scope under above. Liquid specifically
excludes any warranty as to the quality or accuracy of information received through the Liquid connection.
10. SUSPENSION OF SERVICES
10.1. Pursuant to immediate written notice identifying the cause by Liquid to the Customer as soon as the cause
is known to Liquid, Liquid may lawfully suspend or withdraw all or part of any Service at any time until
further notice to the Customer if, in Liquid's reasonable discretion:
10.1.1. the continued provision of the Service will cause Liquid to breach any applicable law or contravene its
licence;
10.1.2. the Customer is in material and continuing breach of any of the provisions of this Agreement including,
without limitation, due to any delay or failure by the Customer to make any payment in terms of this
Agreement; and
10.1.3. any overdue tax invoice for charges billed by Liquid to the Customer remains unpaid.
10.2. The exercise of Liquid's right to suspend the Services is without prejudice to any other remedy available to
Liquid under this Agreement and does not constitute a waiver of Liquid's right to subsequently terminate
this Agreement.
11. DATA PROTECTION
Liquid reserves the right to put names, e-mail addresses and other information from the registration form
relating to the Customer into a database for internal use only. No such information is given to any third party.
Liquid respects strict privacy policies for all Customer data.
12. INDEPENDENT CONTRACTOR
Liquid shall perform all Services under this Agreement as an independent contractor and not as an employee,
partner, or agent of the Customer.
13. ENTIRETY
These Terms and Conditions together with the Service Agreement and its annexes constitute the entire
agreement between Liquid and the Customer and super cede any prior agreements.
14. ASSIGNMENT
This Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and their respective
successors in business and permitted assigns.
Liquid may assign or sublet any of its rights or duties under this Agreement provided it gives ample notice of
the same to the Customer.
15. AMENDMENT
No addition to, variation, novation or agreed cancellation of any provision of this Agreement shall be binding
upon the parties unless reduced to writing and signed by means of non-electronic, handwritten signatures by
or on behalf of the parties
16. NOTICES
Any notice given hereunder shall be in writing and shall be served by hand at or prepaid post or e-mail to the
registered office stated herein or last notified to the sender by the addressee. Any such notice shall be deemed
duly served at the time of delivery (if delivered by hand or cable), upon receipt (if sent by telefax or e-mail) or
three days after the date of posting (if served by prepaid post). Evidence that the notice was properly
addressed stamped and put into the post shall be conclusive evidence of posting.
LTU 2013 Limited, P.O. Box 8373, BMK House 5th Floor Plot 4-5 Nyabong Rd next to Hotel Africana, Kampala, Uganda. Tel: +256
414 562800, www.liquidtelecom.com
17. CONFIDENTIALITY
Neither of the parties hereto shall (except under compulsion of law), either before or after the termination of
this Agreement, disclose to any person not authorized by the other party to receive the same any confidential
information relating to such party or to the affairs of such party of which the party disclosing the same shall
have become possessed during the period of this Agreement and each party shall use all reasonable
endeavours to prevent any such disclosure as aforesaid. Neither Party shall knowingly do or suffer any act or
matter or thing which would or might reasonably be expected to prejudice materially or bring into disrepute the
business or reputation of the other party. This Clause will survive termination or expiration of this Agreement.
18. WAIVER
No failure, delay, relaxation or indulgence on the part of either party in exercising any power or right conferred
upon such party in terms of the conditions shall operate as waiver of such power or right nor shall any single
or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of
any power or right under the agreement.
19. SEVERABILITY
Notwithstanding that the whole or any part of any provision of this agreement may prove to be illegal or
unenforceable the other provisions of this agreement and the remainder of the provision in question shall
remain in full force and effect.
20. THIRD PARTY RIGHTS
No term of this Agreement is intended to confer a benefit on or to be enforceable by, any person who is not a
party to this Agreement. The Customer will not assign or transfer this Agreement or any rights or obligations
hereunder without the prior consent in writing of Liquid.
21. GOVERNING LAW
This Agreement and any non-contractual obligations arising in connection with it are governed by and
construed in accordance with Ugandan law.
In the event of any Dispute arising between the Parties under this Agreement, the Parties will act in good
faith to attempt to settle the Dispute through discussions between senior representatives (which shall to the
extent reasonably possible include the respective CEO’s or equivalent office bearers) of the Parties within 30
(thirty) days of a Party giving the other Party notice of the issue in dispute.
Any disputes not amicably resolved by the Parties shall be referred to a court of competent jurisdiction in
Uganda for address.
22. COUNTERPARTS
This Agreement may be executed in two (2) or more original copies and each such copy may be executed by
each of the Parties in separate counterparts, each of which copies when executed and delivered by the Parties
shall be an original, but all of which shall together constitute one and the same instrument.
IN WITNESS WHEREOF the duly authorized representatives of the Parties have set their respective hands heretoSIGNED and sealed for and on behalf of
LIQUID TELECOMMUNICATIONS UGANDA LIMITED
Name: DENNIS KAHINDI
Position: CHIEF EXECUTIVE OFFICER
Signature: _____________________
In the presence of:
Name: __________________________
Signature: _______________________
Address: _________________________
LTU 2013 Limited, P.O. Box 8373, BMK House 5th Floor Plot 4-5 Nyabong Rd next to Hotel Africana, Kampala, Uganda. Tel: +256
414 562800, www.liquidtelecom.com
Occupation: ______________________
SIGNED and sealed for and on behalf of
Name: ______________________
Position: ______________________
Signature: ______________________
In the presence of:
Name: __________________________
Signature: _______________________
Address: ________________________
Occupation: _____________________
LTU 2013 Limited, P.O. Box 8373, BMK House 5th Floor Plot 4-5 Nyabong Rd next to Hotel Africana, Kampala, Uganda. Tel: +256
414 562800, www.liquidtelecom.com
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