Halo Fiber

The following terms and conditions apply to the Halotel Halofiber Service (” the Service”) and by activating this Service you will be deemed to have read, understood and accepted the same: –

1.Service:

(a) This service enables customers to access Internet at home/office through fibre provided by Halotel.

(b) The Internet will be available to the customer within his/her premises/house (Customer Site).

2.Eligibility:

This Service is open to all customers in the selected areas (Halofiber Zones), that have the Halotel fibre infrastructure ready and who apply to have their homes/office connected to Halofiber service.

3.Effective date of the Service:

These terms will take effect from the activation date seen on the front of this form.

4.Plans Charges and Features:

i) Packages available for the customer to use are provided on the front of this form. These packages may be modified from time to time and the customer shall be notified of such modification.

ii) Payment for Halofiber Packages is to be done in advance (Prepaid) before Service activation. If you do not pay on time, the Service will be suspended and only reactivated once you make your monthly payment.

iii) The Halofiber plans are subject to a Fair Usage Policy with usage limits and throttle speeds. Upon reaching the Fair Usage limit for the package, the speeds will be throttled to for the remainder of the validity period of the subscription.

iv). The fair usage limit is a consumption limit assigned for each usage cycle and not a volume resource or bundle allocation hence it will not be possible to roll over or extend the validity of the fair usage limit beyond the package validity cycle.

5.Fair Usage Policy

i) Halotel reserves the right to use a fair usage policy (FUP) to manage its network in order to maintain acceptable levels of customer experience.

ii) The Service is subject to FUP as indicated in clause 5 above.

iii) The Service is subject to change from time to time. 

6.Restrictions on access to and use of the Service

6.1. You may access and use the Service only –

1. i) In a single residential unit;
2. ii) For private domestic use; and

iii) At your physical address.

6.2 You may not use the Service in any manner or for any purpose other than as set out in these Terms and Conditions, nor may you negligently or intentionally permit any other person to do so. Without limiting the restrictions in clause 6, you may not attempt to or –

6.2.1 Access any component or aspect of the Service other than those components or aspects to which you are authorised to have access;

6.2.2 Use the Service, or any component thereof, for any commercial purpose;

6.2.3 Provide the Service to the public, whether or not a fee is charged;

6.2.4 Charge any person a fee to access the Service without authorisation from Halotel;

6.2.5 Permit, facilitate or condone any other person conducting any of the prohibited activities in this clause, whether using your Equipment or otherwise.

7.Service interruptions

7.1 Halotel will endeavour to limit service interruption occurrences to the Halotel Fibre service and the length thereof. 

7.2 In the case of a service interruption in the Halotel Fibre service, Halotel will deploy technical teams to address any network faults. 

7.3 If a customer detects a service interruption in the Halofiber service, the customer has to notify Halotel customer care of the interruption. 

7.4 If the service interruption in the Halotel Fibre service is traced to a customer’s Halotel Fibre installation or customer equipment, then Halotel will endeavour to rectify the fault remotely, failing which, a service team will be dispatched to the customer’s premises to address the fault. 

7.5 If in the event of a service interruption in the Halotel Fibre service a service team is dispatched to the customer’s premises and it is found that the service interruption is attributable to the customer’s actions, then Halotel may at its sole discretion, charge the customer the applicable rates for dispatching the service team to rectify the service interruption and for any materials costs incurred. 

8.Liability

8.1 Halotel accepts no liability for any loss or damage to the property or equipment of the customer arising out of the provision, installation or maintenance of Halotel’s fibre service, except where such loss or damage to the property or equipment is caused due to the gross negligence of Halotel or its agents. Halotel accepts no liability for any loss or damage to the equipment of the customer arising out of the customer’s use of the customer equipment. 

8.2 Halotel accepts no liability for any loss or damage arising out of the use of the Halotel fibre service, including loss or damage due to using the internet and/or transferring files and content.

9.Privacy

(a) “Personal Information” means personal identifiable information as prescribed in the Data Protection Act which includes but is not limited to name, address, phone number, identification number, location data.

(b) Collection of information

We are required by law to collect certain personal information and are legally obligated to deny you the service if such information is not availed. Apart from the legal obligation mentioned above, we also need to collect your Personal Information for quality service delivery. Please note that although this is voluntary, without such information we may not be able to provide quality service.

(c) Privacy

We are committed to respecting and protecting the privacy of the information we collect from you. Our privacy statement, as updated from time to time, explains how we treat your personal information, who we share your information with and measures taken protect your privacy when you use our Service. This can be found on Halotel Data Privacy Statement. If unable to access the link or our website please reach us on any of our customer care channels to receive a copy.

10.Equipment and Care 

(a) For purposes of accessing the Service, Halotel provides you with Customer Premise Equipment (Fibre Cables, faceplate, routers) to assure compatibility of its Network and Services. You must not in any way interfere with, 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 Halotel representative) to do so. 

(b) Halotel may provide you with Customer Premise Equipment of varying capability based on the initial Services you selected. 

(c) You acknowledge and agree that the Customer Premise Equipment provided shall at all times belong to and remain the property of Halotel throughout the duration of this Agreement and that upon termination of this Agreement Halotel shall recover from your premises all of the said Customer Premises Equipment.

1. d) You agree to be fully responsible for good care of the Customer Premise Equipment during the term of this Agreement and to immediately notify Halotel of any damage or loss to the same. You also agree to cooperate in the removal and recovery of the equipment by an authorized Halotel agent/representative upon the termination of this Agreement, including allowing Halotel access, without delay, to the Customer Site to uninstall and recover the equipment. 

(e)Any Customer Premises 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 and shall be connected and used in accordance with such reasonable instructions, safety and security procedures as may be advised by Halotel at the time of installation. 

(f) Save where title to the Customer Premises Equipment has passed to the Customer following the payment to Halotel by the Customer of any monies payable for the purchase of the Customer Premises Equipment, the Customer shall be liable to Halotel 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 Halotel, or anyone acting on Halotel’s instructions. 

(g) Halotel accepts no liability for any loss suffered by you or any third party as a result of the misuse of the Customer Premises Equipment or for any accidental damage. 

(h) Without prejudice, Halotel shall only be responsible for the replacement of the Equipment in the case of manufacturer’s defects covered by Warranty. Halotel shall use reasonable endeavours to extend to you the benefit of any warranty as may be provided to Halotel (subject to any limitations and restrictions thereon) by the manufacturers of such Equipment, provided that any expense reasonably incurred by Halotel in extending such benefit shall be levied to your account and be payable by you. 

(i) The Customer shall immediately notify Halotel 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. Such replaced Customer Premise Equipment shall remain the property of Halotel.

11.Suspension or Variation of the Service 

Halotel may in its sole discretion suspend or vary the Services without liability to compensate you for any period during which: (a) Halotel is required or requested to comply with an order or instruction of or on recommendation from the Government, court, regulator or other competent authority. (b) You have not paid the Charges by the due. (c) Such a suspension or variation is necessary to facilitate modifications to or allow for planned maintenance of the Network provided that we give you reasonable notice of such suspension, termination or variation. (d) Halotel reasonably suspects or believes that you are in breach of the terms and conditions of this Agreement or any other terms and conditions referred to herein, for instance, reselling the Service without written authorisation from Halotel.

12.Termination and Inability to Perform

This Agreement may be terminated if: (a) we have reason to believe that the Service is being used in an unauthorised or illegal way or for criminal activities;

(b) It is found that the customer is reselling the Service or using the Service for commercial activities. (c) It is found that the customer is sharing the service with other houses/premises. (d) It is found that the customer has multiple accounts in the same house/premise. (e) We have been instructed to cease providing the Service by any licensing, law enforcement or regulatory authority. (f) You write to us notifying us of your decision to terminate this Agreement. (g) Either party commits any material breach of any of the provisions of this Agreement and such breach is not rectified within thirty (30) days from receipt of a written notice giving particulars of the breach; (h) Either Party becomes bankrupt, or makes any arrangement with a creditor to go into liquidation or become subject to an administration order or a receiver is appointed over its assets; (i) The information provided during customer registration is incorrect and you have declined to amend the information when prompted by Halotel. (j) The Service is no longer available to you upon expiry of this Agreement or loss, damage of the Customer Premise Equipment;

13.Consequences of Termination

(a) Termination shall not affect any subsisting rights either Party may have against the other Party at the time of termination. (b) You will immediately grant Halotel its representatives or agents’ access to your premises to uninstall and recover the Customer Premises Equipment and any other equipment belonging to Halotel. (c) In the event of a termination or cancellation of the service, any un-used allocations of data, voice minutes or other services (i) Are not transferable and (ii) will be forfeited.

14.Force Majeure

The obligation of each Party under this Agreement shall be suspended during the period to the extent that such Party is prevented or hindered from complying therewith by any cause beyond its reasonable control including but not limited to acts of God, war, civil commotion, industrial dispute, inability to secure materials, act or omission of carriers or suppliers, destruction of or technical challenges with the fibre or Customer Premises Equipment beyond our control or regulatory intervention. If such delay or failure continues for at least thirty (30) days then either Party may terminate this Agreement, upon expiry of the thirty (30) days, by notice in writing to the other. Upon such termination all amounts due to Halotel from you shall immediately become due and payable.

15.Applicable Law

This Agreement shall be interpreted, governed and construed in accordance with the laws of Tanzania.