standard terms and conditions of subscription

1. objectives: yoafrica will be put at the disposal of the client to access the internet. this access is provided, with the understanding, that it is connectivity to a multitude of computer networks owned and controlled by local and overseas service providers who in turn offer no guarantee or service level commitments and thus yoafrica offers no guarantee or service level commitments in respect of this service.
2. duration of the agreement: the agreement is valid for 12 months with effect from the commencement date of the agreement unless terminated as below.
3. termination of agreement: the agreement can be terminated, by either party on 30 (thirty) days written notice of intention to cancel the agreement. any such termination notice must be sent by registered post to the registered office of the other party. termination will not result in any refund by yoafrica of prepayments made to yoafrica. termination of the agreement shall not release the client from commitment to settle any outstanding balance owing hereunder. should the client be in breach of any of the terms of agreement and having been notified of any such breach failed to remedy the same within (7) seven days, yoafrica may summarily terminate the agreement without compensation and without prejudice to its rights to damages for such breach.
4. payment of charges: all charges and charge rates shall be as listed in the current price list and shall be subject to change by yoafrica. all charges and charge rates are exclusive of all taxes and value additions which are or may be applicable. the client shall bear the cost of installing all hardware and software on his site necessary to implement the service from time to time. the client shall also rent/lease and pay for the local connection from his premises to the yoafrica router or node, as applicable. the charges and charge rates as per the current price list provide for connectivity of the clients link onward to the internet.
5. confidentiality: yoafrica will not release information concerning the client's usage of its services, except as to the name of the client. yoafrica will keep all data which is necessary for the professional execution of the service.
6. content and quality of content: yoafrica assumes no responsibility for the content of the databases, information sources or performance of networks beyond its control nor for the changes of service provided by external hosts, and the client accordingly indemnifies yoafrica against the same.
7. restriction of use of the network: the client undertakes to abide by all laws applicable to copyright redistribution or resale of any data or information retrieved from the service as specified or implied by yoafrica or any local or foreign service providers or laws governing the provision of the service. the client shall indemnify yoafrica and hold it harmless against any claims that may be made against yoafrica arising out of a clients use of the service provided by yoafrica. the client will not without express written permission from yoafrica, resell or make available such services as it might receive from yoafrica to any third party, or outside the scope of the intended use as per the tariff schedule.
8. liability: under no circumstances shall yoafrica be liable for any direct, indirect, special or consequential losses or damages arising directly out of or in connection with the agreement or the service provided in terms of the agreement.
9. interruptions: in the event of the connectivity to the internet not being operational for any reason, yoafrica will not accept liability and the client may not claim any other damages.
10. availability: yoafrica will endeavour to make the service available at all hours, however the various information providers may advise availability times separately to the agreement.
11. accuracy of information: while yoafrica and the host(s) and data providers have no reason to believe there are inaccuracies or defects in the service, yoafrica and the host(s) for themselves and on behalf of the data providers makes no representation or warranties expressed or implied with regard to the service or the information, including but not limited to the fitness of the service for any purpose whatsoever.
12. invoicing: the client is invoiced for the monthly connection fee initially in advance at the start of each month. any amount not paid on the due date shall bear interest at a rate of 2% above the prime overdraft rate charged by standard chartered bank, calculated and compounded daily in advance as from the due date.
13. the agreement for use of service: the use of the service shall be deemed to constitute full acceptance by the client of the agreement. any unauthorised use of the services provided will be for the client risk.
14. application: in the case of dispute, the laws of the country of zimbabwe shall apply. clients in violation of overseas host services may alternatively be subject to the laws of the countries in which any transgression may occur and whose courts may have jurisdiction over the party concerned.
15. external networks: yoafrica assumes no responsibility for and has no control over the performance of external telecommunications networks to which the service is connected and the client accordingly indemnifies yoafrica against the same.
16. content of text: yoafrica assumes no responsibility for the preservation of texts within the system and the client accordingly indemnifies yoafrica against the same.
17. notices: any notice, consent or other communication required to be given hereunder shall be made in writing and shall be sent by registered post to the other party and shall be deemed reserved on the seventh day of posting. any such communication made by yoafrica shall be sent to the address of the client shown on the agreement. any such communication made by the client shall be sent to yoafrica, 194 baines avenue, cnr tenth street, harare, zimbabwe.