Terms and Conditions
Habari Max | Terms and Conditions
This Agreement sets out the complete terms and conditions which shall be applicable to the use of the internet services provided by HABARI NODE LIMITED, whose address is Arusha, Sekei Ward, Nyerere Road, Mahakama Street in the Republic of Tanzania (“Habari Node/Us”) by the customer whose details appear in the application form (“Customer/You”). It shall, where the context so admits, include each party’s successors, personal representatives, and assigns.
1. SERVICES
1.1 The Customer has requested, and Habari Node agrees to supply internet services to the Customer subject to the terms and conditions contained herein (Services);
1.2 The Customer at his/her/its own request and instance shall be supplied with the Services as per the preferred package, details of which are provided in the application form.
1.3 The Services will be provided subject to the Customer’s payment of the requisite fees and Habari Node’s technical assessment for the purposes of confirming availability of the resources and capacities required to provide the Services. The Customer requests, and Habari Node agrees to
2. SERVICE SPEED, CONTENTION AND NETWORK MANAGEMENT
2.1 The Service is provided on a shared network infrastructure and may be subject to a network contention ratio. This means that the advertised package speed represents the maximum/“up to” speed available to the Customer and does not constitute a guarantee that such speed will be continuously available at all times.
2.2 Actual speeds and Service performance may vary depending on network traffic, contention, congestion, Customer equipment, Wi-Fi conditions, the number of connected devices, the destination server, internet traffic conditions and other factors beyond Habari Node’s reasonable control.
2.3 Habari Node may manage network traffic and capacity to maintain the stability, quality and availability of the Service for Customers. Such management may include traffic prioritization, bandwidth management, throttling or other reasonable network management measures.
2.4 The term “Unlimited”, where used in relation to a package, means that the Customer is not charged based solely on the volume of data consumed during the applicable subscription period. It does not mean unlimited network capacity or guaranteed maximum speeds at all times and remains subject to the applicable contention and reasonable network management
3. CUSTOMER PREMISES EQUIPMENT
- Wireless Technology or
- Fiber Technology The selected technology forms part of this
As part of the installation process, and subject to payment of a Deposit (where applicable), we will provide you with some Customer Premises Equipment, for wireless technology, including a Power over Ethernet (POE) adapter, Radio / Antenna, J Pole (mast), Router, and network cable. For Fiber Technology: including Optical Network Unit, Access Terminal Box, Router, Fiber drop cable, as well as configure your username and password, to enable you to access the internet within your designated premises (Premises).
3.1 You will be required to grant the installers reasonable access to your Premises for purposes of installation, maintenance, inspection, and recovery of equipment.
3.2 Equipment installed by Habari Node at the Premises will remain Habari Node’s property
3.3 You must not add to, modify, reverse engineer, decompile, or in any way interfere with it or any embedded software supplied, nor allow anyone (other than an authorized Habari Node representative) to do so.
3.4 Risk in the Equipment will pass to you upon installation at your Premises. For the avoidance of doubt, Habari Node will not be responsible for any loss or damage to the equipment upon delivery to the Customer’s Premises.
3.5 You may access and use the Service only at the premises approved at the time of installation.
4. CUSTOMER CARE
A remote support team will be available to offer customer care service 24/7 on the following contact 0659 074444 or email support@Habari.co.tz
5. PAYMENTS
5.1 You will be required to pay the amount applicable to the preferred package, on a monthly basis, payable every thirty (30) days in advance
5.2 In addition to the monthly fee, where applicable you will be required to pay a one-time refundable deposit for an amount notified to you at the time of installation (Deposit).
5.3 Should the Customer default on payment for the service at any point, Habari Node shall disconnect the Customer immediately upon notice to the Customer until such time that thepayment is received or this Agreement is terminated, whichever shall be earlier.
5.4 All payments must be made only to Habari Node Limited’s official bank account or mobile money account as communicated by the office. Cash payments are not accepted. Habari Node shall not be responsible for any payments made in cash or to an unauthorized person. Customers must always request and keep an official receipt or payment confirmation.
6. TERMINATION
This Agreement may be terminated if:
a. We have reason to believe that the Service is being used in an unauthorized or illegal way or for criminal activities.
b. We have been instructed to cease providing the Service by any licensing, law enforcement or regulatory authority.
c. You notify us of your decision to terminate this Agreement.
d. The information provided during customer registration is incorrect, and you have declined to amend the information when prompted by Habari Node.
e. The Service is no longer available to you upon expiry of this Agreement or loss, damage to the equipment.
f. We do not receive your full payment by the due date.
g. There exists a dispute relating to payment.
h. Any of your equipment is found to emit signals, which may interfere with the quality of the Service;
i. You will be eligible for a refund of the Deposit where applicable paid pursuant to clause 5.2 above, within thirty (30) days from the date of termination, subject to confirmation by our representative that you have returned the equipment in good working condition (fair wear and tear excepted). For avoidance of doubt, Habari Node reserves the right to withhold the Deposit in the event that the equipment is either not returned or is returned damaged, broken, or in a condition that goes beyond ordinary wear and tear any un-used allocations of data or other services (i) are not transferable and will be forfeited.
7. LIABILITY
Habari Node shall not be liable for any loss or damage, whether such losses or damages arise in contract, negligence or tort that may be incurred by the customer related to;
8. SERVICE INTERRUPTIONS
Habari Node will endeavour to limit service interruptions and their duration, and in any case will deploy technical teams to address any network faults within 48 working hours of the client reporting and a ticket being opened; resolution is achieved whether remotely or at the client’s premises.
i. Response and resolution time starting from when the customer reports an issue
9. INDEMNITY BY THE CUSTOMER
Habari Node shall notify the Customer of any claim Habari Node and/or any of the indemnified persons receives and The Customer hereby agrees to provide Habari Node and/or any of the indemnified persons with full authority to defend or settle such claims and shall provide Habari Node and/or any of the indemnified persons with all reasonable assistance necessary to defend such claims, at the Customer’s sole expense.
10. CUSTOMER FAULT VISIT CHARGES
If a fault is caused by the customer, any requested on-site visit will incur a service charge, which will be communicated to the customer in advance.
11. FORCE MAJEURE:
Neither Party shall be liable to the other for any breach or non-performance of any Service provided under a Service Agreement arising due to an event of “Force Majeure”.
i. If the Service Provider is prevented from carrying out or performing a Service due to “Force Majeure”, it shall promptly notify Client of the reason thereof and shall resume performance of the Service Agreement as soon as such “Force Majeure” is remedied.
ii. The term “Force Majeure” as used in the Service Agreement shall include events beyond the commercially reasonable control and without the fault or negligence of either Party and includes, without limitation: natural or man- made catastrophe; earthquake; fire; flood; solar disturbances; sun outages; acts of any government in their sovereign or contractual capacity including acts of government controlled companies or any acts that may impinge on or affect that orbital slot of a satellite; national emergencies; riots; terrorist acts; act or threat of war whether declared or not; strikes; epidemic.
12. ACCEPTABLE USE POLICY
The Customer agrees not to use the Service to:
i. Transmit any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, and invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
ii. Harm, or attempt to harm, minors in any way;
iii. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
13. DATA PROTECTION
- We are committed to respecting and protecting the privacy of the personal information we collect from Our privacy statement, as updated from time to time, 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 our Privacy Statement.
14. APPLICABLE LAW
This Agreement shall be interpreted, governed, and construed in accordance with the laws of the United Republic of Tanzania.
15. DISPUTE RESOLUTION
Save as may otherwise be provided herein, all questions in dispute arising between the Parties and all claims or matters in such dispute not otherwise mutually settled between the Parties
16. ACCEPTANCE OF TERMS AND CONDITIONS
- Payment of the installation fee constitutes acceptance of this Agreement and these Terms & Conditions.
- Each subsequent payment or renewal of the Customer’s subscription constitutes the Customer’s continued acceptance of these Terms & Conditions and the continued provision of the Service shall be subject to this
- The Customer acknowledges that the Service is provided subject to the applicable package specifications, including any applicable contention, network management and “up to” advertised speeds provisions contained in this
- Habari Node shall make the current Terms & Conditions reasonably available to Customers through its website, customer portal, application, registration process or other approved communication channels.
- Where the Customer continues to use the Service following an update to these Terms & Conditions, such continued use and/or subsequent renewal payment shall constitute acceptance of the updated Terms & Conditions, subject to applicable law and regulatory requirements.
17. AMENDMENTS
Habari Node reserves the right to amend or vary these terms and conditions or to withdraw the Service at any time, including updating the Privacy terms. In any of these events, notice will be given via public advertisements (including at Habari’s discretion on the Habari’s website https://habari.co.tz) and will be effective immediately or as at the date referred in such notifications.
+255 659 074 444.