Subscriber / Customer Terms & Conditions

These terms and conditions are issued by Viettel Tanzania Public Limited Company and shall apply to all HALOTEL Subscribers and or Customers of Services provided by HALOTEL which includes but is not limited to Services of voice, data, internet and value-added services.

1. Definitions

Account: Means HALOTEL’s records of personal details, outstanding charges payable by and payments received from CUSTOMER.

Account Holder: Means the CUSTOMER.

Active: means in relation to a SIM Card that services for which it is enabled are conducted through it on a regular basis.

Activation Date: Means the date on which the CUSTOMER successfully subscribes for the Services provided by HALOTEL through Client’s SIM Card.

Charges: Means connection charges, monthly access charges call charges and all other charges payable for the provision of network services, SIM Cards and any other services howsoever described by HALOTEL to the CUSTOMER as detailed in the Schedule of charges published by HALOTEL from time to time.

Contract: means the terms and conditions contained herein and any variation witnessed in writing.

Customer: Means a person or entity who successfully subscribes for HALOTEL’s services (herein defined) and executes a contract with HALOTEL accordingly. The term “CUSTOMER” shall include the said subscriber’s personal representatives, successors in title and assigns as well as persons acting with the CUSTOMER’s authority such as agents, servants or employees of the CUSTOMER.

Connection: Means the process through which a CUSTOMER is given access to the HALOTEL services through HALOTEL’s network. The terms “Connected”, “Disconnected” and “Reconnection” will have corresponding meanings.

Content: Means audio, text, visual or other information software and materials availed by means of the network including all information supplied by content providers from time to time.

Covered Area: Means the Geographical area covered by the network and within which the CUSTOMER can access the Service or Network as advised by HALOTEL from time to time.

HALOTEL: Means Viettel Tanzania Public Limited Company having its registered office at 10th Floor, Tanzanite Park, Plot 38, South Ursino, New Bagamoyo Road, Dar-es-Salaam.

Mobile Phone: Means a device that can make and receive telephone calls over a radio link whilst moving round a wide geographic area.

Network: Means HALOTEL equipment software and facilities that enable the CUSTOMER using a mobile phone compatible with spectrum in use by HALOTEL (provided that it is not SIM locked by another operator) to have access to the Services.

PIN: Means a Personal Identification Number allotted to every SIM card to control access to the network and the term “PIN Code” shall have a corresponding meaning.

Point of Sale: Means any shop or place where the CUSTOMER can make an offer for any of the Services.

Price list: Means a list of charges for tariffs for Services as levied by HALOTEL, which Price List may be updated by HALOTEL from time to time and may include, related explanations definitions notes and conditions.

Rights: Means copyright trademark and other relevant proprietary and intellectual property rights relating to the content or contained in any software that is required and/or utilized by HALOTEL to operate the Network and to provide the Services.

Roaming/ International Calling Facility: Means an optional facility that may be availed by HALOTEL or through HALOTEL’s assistance upon request by a CUSTOMER and at such additional costs as may be advised as HALOTEL, which facility allows the CUSTOMER while in a foreign country to use the network(s) and related services of other network service providers in such foreign countries subject to these Terms and Conditions as well as further terms as may be advised by the other network service providers.

Services: Means the mobile telecommunication services availed by HALOTEL or partner in case of roaming subject to these Terms and Conditions (as modified from time to time) which Services enables the CUSTOMER to make or receive calls and/or send and receive data, send and receive short text messaging, access information, send and access other facilities supplied by HALOTEL or any other content providers by means of the network and the term “Service” includes all such value added services, package deals and other optional services as may be availed by HALOTEL.

SIM CARD(s): Means the Subscriber Identity Module(s) provided to the CUSTOMER by HALOTEL to enable the CUSTOMER to access and to use the network and related Services.

2. Terms & Conditions

These terms and conditions shall apply to the CUSTOMER immediately upon subscription of the Services and shall continue during the pendency of the license granted to the company and any renewal thereof unless terminated by either party according to the terms and conditions herein.

3. Provision and Use of the Services

3.1.  Subject to the provisions of the Contract the CUSTOMER is only entitled to the Services or such part thereof as are to be availed by HALOTEL at the time the CUSTOMER signs this Contract. The CUSTOMER will be informed by HALOTEL through the HALOTEL website, short text messages, the press or points of sale of various other components relating to review of the Services provided as and when they are availed by HALOTEL.

3.2.  The Terms and Conditions of this Contract may be varied at any time subject to HALOTEL issuing public notice of the intended changes as may be required by law.

3.3.  Subject to the provisions of this Contract HALOTEL will provide the CUSTOMER with a SIM Card subject to certain charges as may be set by HALOTEL from time to time and take all reasonable steps to make the Service available to the CUSTOMER on such terms and date as shall be agreed.

3.4.  The CUSTOMER shall not be entitled or have a right to any specific mobile phone number(s) and HALOTEL reserves the right with justifiable reasons to offer, withdraw and change such mobile phone number(s) as may be allocated upon giving adequate notice to the CUSTOMER.

3.5.  The international calling facility and or roaming shall be made available to the CUSTOMER upon request made to HALOTEL (in writing or any other prescribed mode) by the CUSTOMER and shall be subject to such further or additional terms and conditions as HALOTEL may impose before availing any of the said facilities.

3.6.  The service is not fault free and the quality and availability of the service may be affected by factors outside the control of HALOTEL including but not limited to local geographic and physical obstruction atmospheric conditions and other causes of radio interference as well as faults in other telecommunication networks to which the network is connected or dependent. The network and the service may also from time to time require upgrading, modification, maintenance or other works that may also result in the service or any part thereof becoming temporarily unavailable.

3.7.  On activation, the CUSTOMER will be entitled to the quality of service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care and pursuant to the applicable requirements under the licence to HALOTEL.

3.8.  HALOTEL may suspend services or any part thereof without giving the CUSTOMER notice if HALOTEL has good reason to believe that the CUSTOMER has not complied with one or more of the terms contained herein.

3.9.  HALOTEL may vary the content or the technical specification of the Services from time to time and shall immediately advise the CUSTOMER of such changes.

3.10.  The CUSTOMER is solely responsible for evaluating the accuracy and completeness of the content and the value and integrity thereof and accordingly HALOTEL will not be a party to or in any way responsible for any transaction concerning the content or defects therein.

3.11.  HALOTEL shall only activate the CUSTOMER upon completion of biometrical registration or receipt of a completed application form and/or electronic registration information in the manner required by prevailing regulations from time to time and supporting documents as may be stated in the application form or the said regulations. The CUSTOMER shall inform HALOTEL in writing of any change in the information provided in the application form or other document.

3.12.  The CUSTOMER shall perform and follow the customer registration procedures as required by HALOTEL or any prevailing Laws/Regulations and ensure the information required and provided is submitted to HALOTEL or the respective Authority within such reasonable period. The CUSTOMER shall ensure that the information provided in the customer registration forms is comprehensive and accurate.

3.13.  The rights relating to the software in the SIM Card are the property of HALOTEL. The SIM Card is supplied to the CUSTOMER under license by HALOTEL for the proper use with the Services only. The CUSTOMER may not copy, change or re-engineer the software in any manner whatsoever. HALOTEL reserves the right at any time to substitute or replace the SIM Card at no cost to the CUSTOMER. HALOTEL shall take such reasonable measures to ensure that no data is lost during the transfer process.

3.14.  In the event of loss, theft or damage of the SIM Card, HALOTEL shall at the CUSTOMER’S request and after verifying the CUSTOMER’S identity, replace the SIM Card (within such reasonable period as will be communicated to the CUSTOMER). HALOTEL may require the CUSTOMER to pay such fees as it may determine where the lost or stolen or damaged SIM Card is replaced.

3.15.  The SIM Card shall be automatically blocked if the wrong PIN Code is entered multiple times as may be determined by HALOTEL. If the CUSTOMER is for any reason unable to access the HALOTEL network because the SIM Card has been deactivated for this reason, HALOTEL may at the request of the CUSTOMER and after carrying out such investigations as it deems fit reactivate the SIM Card. The SIM Card can be unblocked by calling the HALOTEL Call center or visiting a nearby HALOTEL shop/service center and HALOTEL shall be entitled to charge the CUSTOMER such fee as it shall deem fair for unblocking the SIM Card.

3.16.  HALOTEL shall not be liable to the CUSTOMER or any parties dealing with the CUSTOMER for any indirect or consequential loss or damage to them including without limitation any loss or damage arising from business interruption arising from the use of the Service, the Network or howsoever caused.

3.17.  The rights to all software used in providing the Services shall remain the property of the respective content providers, software suppliers or HALOTEL as the case may be.

3.18.  The CUSTOMER may in the event of any complaint or dispute with HALOTEL with regard to the Service or Network contact the CUSTOMER care department through designated numbers for the time being 100 or visit any of the nearby HALOTEL service centers (shops).

3.19.  Whilst every effort has been made by HALOTEL, its affiliated companies, employees, suppliers, agents and or vendors to ensure Services is provided appropriately, HALOTEL, its affiliated companies, employees, suppliers, agents and or vendors do not guarantee the availability of Services at all times or that Services will be uninterrupted or error free or accurate or secure or complete or meet your requirement. HALOTEL makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the performance of the Services over and above its license obligations.

4. The Customer’s Obligations

The CUSTOMER agrees and covenants:

4.1.  Not to assign or transfer the service, SIM card or personalized telephone number to any person without the prior written consent of HALOTEL.

4.2.  That the CUSTOMER acknowledges that the SIM card and the rights therein shall at all times remain the inalienable and non-transferable property of HALOTEL.

4.3.  That the CUSTOMER shall at all times be responsible and accountable to HALOTEL for the proper use and preservation of the SIM card and the PIN code. In the event the CUSTOMER continuously neglects to use the SIM card or the number provided for a period of 90 days HALOTEL may suspend the number, subsequently recycle and re-allocate the number for use by any other CUSTOMER.

4.4.  That the CUSTOMER shall at all times remain responsible for confidentiality of any information or data received or transmitted by the CUSTOMER using the Network and the CUSTOMER agrees to notify HALOTEL immediately of any or any suspected unauthorized use of other SIM card or the Services. Unless caused by technical failure, the CUSTOMER acknowledges that HALOTEL shall not be liable for any loss the CUSTOMER may incur as a result of the unauthorized use of the Service or SIM Card without the CUSTOMER’s knowledge.

4.5.  That in the event of loss or theft of the SIM card whether or not the SIM card was inserted in a handset at the time of such loss or theft the CUSTOMER shall notify HALOTEL using the designated telephone number or visit the HALOTEL outlets requesting that the subscription be suspended or deactivated and shall immediately thereafter confirm the report of loss or theft in writing to HALOTEL accompanied by an original police loss report to verify the loss or theft.

4.6.  That the CUSTOMER shall, until such time HALOTEL is notified as per clause 4.5 above, be fully liable and shall pay HALOTEL for all calls made using the SIM card whether or not the SIM card has been stolen or lost and the CUSTOMER hereby undertakes to indemnify HALOTEL in full and hold it harmless for any liability fees costs charges or expenses it may suffer or incur by reason of any fraudulent use of the SIM Card or by reason of the SIM Card being stolen or lost.

4.7.  The CUSTOMER shall in the event of loss or theft of the SIM card as aforesaid remain responsible and accountable to HALOTEL for use of the SIM Card up to the time HALOTEL is notified in accordance with clause 4.5 above.

4.8.  To indemnify HALOTEL in full for all the charges that HALOTEL may incur or suffer by reason of re-activating the SIM card arising as a result of any fraudulent claim.

4.9.  The CUSTOMER confirms and warrants that the CUSTOMER has capacity to enter into this contract and to perform the CUSTOMER’s obligations as herein set out.

4.10.  The CUSTOMER further warrants and confirms that information and particulars of the CUSTOMER given to HALOTEL are true and the CUSTOMER shall notify HALOTEL immediately in writing of any changes and the CUSTOMER undertakes to provide HALOTEL with information or documents required by HALOTEL from time to time.

5. Termination

HALOTEL may terminate this contract in the following circumstances:

5.2.1  If any of the charges outstanding on any one or more of the CUSTOMER’S Accounts are not paid to Halotel on the following Due Date;

5.2.2  If the CUSTOMER is in breach of the contract;

5.2.3  If Halotel receives written notice of the CUSTOMER’s death:

5.2.4  If Halotel has reasonable causes to believe that the service or the Network is being used in a way forbidden by the provision of this contract or unacceptable to Halotel or the Tanzania Communications Regulatory Authority or any other regulatory board even if the CUSTOMER does not know that the service Networks is being used in such a way.

5.2.5  If Halotel has reasonable causes to believe that the CUSTOMER is using the service or Network for purposes or in a manner contrary to any provision of this contract, the laws of Tanzania and/or for the purpose of undertaking annoying or offensive communication.

5.2.6  In the event the CUSTOMER continuously neglects to use the SIM card or the number provided for a period of 90 days.

5.3  Upon termination of this contract Halotel shall de-activate the phone number allocated to the CUSTOMER and shall be at liberty to re-allocate such phone number to any other person.

6. Privacy Statement

6.1.  HALOTEL and all its associated companies are committed to respecting the privacy of the CUSTOMERS personal data. To demonstrate HALOTEL’s commitment, HALOTEL has created this Privacy Statement in order to communicate its intent to provide effective processes for the appropriate handling of private information and to comply with applicable legislation that governs the authentication, protection and disclosure of personal information.

6.2.  HALOTEL has implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of the CUSTOMER’S personal information. HALOTEL shall update and refine these measures on an ongoing basis. HALOTEL assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond HALOTEL’s control.

6.3.  HALOTEL does not distribute any of the CUSTOMER’S personal information to third parties unless it’s requested by the CUSTOMER or it’s legally required to do so by a statute. For avoidance of doubt and clarity, HALOTEL may be obliged to disclose personal information to meet any legal or regulatory requirements of applicable laws.

6.4.  HALOTEL reserves the right to amend or modify this Privacy statement at any time in response to new privacy legislation.

6.5.  Monitoring or recording of the CUSTOMER communications such as calls or SMS’s may take place as required by law or for business purposes to the extent permitted by law.

6.6.  Notwithstanding the above, the confidentiality of the CUSTOMER’s information with and communications via Halotel network is not guaranteed. The CUSTOMER is advised that for reasons beyond Halotel’s control, there is a risk that his/her/its communications may be unlawfully intercepted or accessed by persons other than the intended recipient. Halotel will not accept any liability for any loss, injury or damage whether direct or consequential arising out of such promise of confidentiality beyond Halotel’s control.

6.7.  The CUSTOMER accepts and confirms that Halotel may disclose and/or receive and/or record any details of his/her/its use of the Services including but not limited to calls, emails, SMS, data, personal information or documents for its employees, auditors and for the purposes and method required or allowed by the law.

7. Force Majeure

7.1  HALOTEL shall not be liable to the CUSTOMER in the event of any disruption of the service or the Network or any part thereof resulting for Force Majeure.

7.2  Force Majeure for purposes of this contract means any situation or event that over control of HALOTEL and makes HALOTEL impossible to perform its obligations which includes but is not limited to any act of God such as hurricanes, typhoon, floods, inundation, lighting, earthquakes, riot, war, civil conflicts and industrial strikes, Government’s ban or similar directive, or any global or partial dysfunction of the Network.

8. Governing Law

These terms and conditions shall in all aspects be governed by the laws of Tanzania.

9. Miscellaneous

9.1.  These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.

9.2.  Failure by HALOTEL to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by HALOTEL in writing.

9.3.  Where HALOTEL fails to provide the Services for a continuous period of twelve (12) hours for reasons beyond its control, it shall notify the CUSTOMER of the failure, causes of failure and estimated time for [restoration /text cut off in source document].

9.4. Upon subscription to any data bundle, the Company may temporarily reserve a portion of the Customer’s active bundle to ensure session continuity (“reserve volume”) upon bundle depletion and re-subscription, with the reserved volume dynamically calculated based on the registered package, customer tier and customer’s usage trends.