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Sahal T&Cs

Terms & Conditions

General Terms

IMPORTANT NOTICE

Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and Sahal. It is your responsibility to read the clauses referred to:

1. You agree to provide Sahal with true and correct information in order to provide service to you and give Sahal permission to process your personal information (clause 4, 14).

2. You agree that these terms may change and that you will check regularly for changes on the Sahal website (clause 5)

3. You agree that abusive behaviour towards Sahal's staff or brand will not be tolerated (clause 6).

4. You agree that you will ensure that you choose and be responsible for the the products that suit your needs (clause 8)

5. You agree that failing to pay your Sahal account on time may lead to account termination and/or administrative fees and possible reconnection fees (clause 10, 16).

6. You agree that either yourself or Sahal may cancel this contract by giving the other notice (clause 12.1)

3. You limit Sahal’s liability and indemnify Sahal for various acts or omissions (clause 17).

Definitions

  1. “Sahal” means Sahal Sahal Telecom Somalia.
  2. "Sahal System" means equipment operated together as a system by Sahal to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.
  3. “Sahal Website” means the Internet website published at the URL “www.Sahaltel.co.za” or another URL that Sahal notifies the Client of from time to time.
  4. “Agreement” means these General Terms, Acceptable Use Policy, and applicable Service Terms, Service Orders and all annexures to any of these documents.
  5. “Application” means a request for initiation of a Service(s) and / or provision of Good(s);
  6. “Business Day” means any day other than a Firday, a Saturday or a public holiday in the Republic of Somalia.
  7. “Business Hour" means a period of 60 minutes between the hours of 08h00 and 17h00 Somali Time, on a Business Day.
  8. "Client” is the party described as such on any Application or Service Order executed between it and Sahal.
  9. "Client Data" means Data:
    1. transmitted to the Client using the Sahal System,
    2. stored by the Client on the Sahal System (or on the Client System as the case may be), or
    3. transmitted by the Client via the Sahal System,
    4. in the day-to-day utilisation of a Service.
  10. "Client Equipment" means any equipment installed at Sahal’s premises by the Client that Sahal does not own, including without limitation servers, peripherals, routers, switches, Software, Databases, Data cables, and uninterruptible power supplies.
  11. “ClientZone” means the Client account login area of Sahal’s portal, accessed by using Client credentials and passwords;
  12. “Data" means electronic representations of information in any form.
  13. “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
  14. "Domain" means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
  15. "Emergency Maintenance" means maintenance to the Sahal System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to Sahal, the Client or any third party.
  16. “Fee” in respect of each Service will be as noted in the Fee Schedule provided to the Client on initiation of the Service and adjusted from time to time.
  17. “Goods” means any and all goods to be provided by Sahal to the Client in terms of this Agreement, including without limitation equipment, hardware and third party software.
  18. “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
  19. “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
  20. “Malicious Code” means anything that contains any computer software routine or code intended to:
    1. allow unauthorised access or use of a computer system by any party, or
    2. disable, damage, erase, disrupt or impair the normal operation of a computer system,
    3. and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
  21. “Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
  22. “Service Order” means a goods, license, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by Sahal to the Client.
  23. "Service Terms" means a document describing the terms on which Sahal will provide a particular Good or Service, as amended from time to time.
  24. "General Terms" means this document.
  25. "Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
  26. “Supplier” means a supplier of goods and / or services to Sahal.
  27. "User/s, " means the Client or any other person accessing any the Services provided by Sahal.

How the Agreement Works

  1. The Goods and Services that Sahal will provide to the Client will be described in Service Orders.
  2. These General Terms apply to all Services.
  3. More details of particular Goods or Services may be contained in Service Terms.
  4. The Service Order(s), Service Terms, and this document together form the Agreement between Sahal and the Client. If the Parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.
  5. If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Agreement, unless otherwise expressly stated in writing.

Applications and Initiation

  1. Sahal will provide the Goods and Services to the Client as described in an Application or Service Order in terms of the Agreement.
  2. Sahal reserves the right to refuse to commence provision of Services based on the Client’s prior conduct.
  3. An Application must be submitted via the Sahal Website or the ClientZone. Once an Application is accepted by Sahal it becomes a Service Order.
  4. Each Service Order (read with the other documents mentioned above) will be a separate contract between the Client and Sahal (unless amended or renewed by another Service Order).
  5. The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.
  6. The Client consents to Sahal carrying out a credit check on the Client at any applicable credit bureau, and may make the provision of the Goods or Services dependant on its satisfaction with the results. Sahal may provide information on the Client’s payment record to a credit bureau.
  7. If the Client is a juristic person, Sahal may require one or more of its officers to stand surety for the Client’s obligations under this Agreement. Even if the Agreement has commenced, Sahal may withhold providing the Services until the surety has been signed.
  8. Depending upon the Service provided, Sahal may be obliged under RICA to obtain certain information and documents from the Client, and Sahal may withhold or suspend providing Services until the Client has provided the necessary information and/or documents to Sahal.
  9. If the Client has not complied with a requirement of this clause, Sahal may delay providing the Goods or Services until the Client has complied. If the Client does not comply within a reasonable period, Sahal may terminate this Agreement and will not be liable for any damage that the Client may suffer as a result.
  10. Commencement of the Services is subject to a seven-day cooling-off period which will be interrupted if the Service in question is made available to the Client during this period.

Client’s Commitments

  1. The Client confirms that all statements made to Sahal are true and correct. Sahal reserves the right to request proof of any facts or claims. The Client also commits to providing Sahal with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.
  2. Sahal reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and Services.
  3. The Client (or the Client's agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.
  4. Sahal’s website and attached systems, such as the ClientZone, are designed to facilitate reasonable use of the Sahal products and Services. Sahal reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. Sahal reserves the right to deem an activity as "unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).
  5. The Service Order(s) and this Agreement, the Services or the interpretation of the supporting documents shall be governed by the laws of the Republic of Somalia and the courts of Somalia will decide any disputes.
  6. If the Client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to Sahal or its staff, Sahal reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse.
  7. In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
  8. Sahal reserves the right to remove any content hosted by a Client which it considers illegal or contrary to the AUP or for which it has received a take-down notice.

Terms Subject to Change

  1. Sahal may amend the General Terms and Service Terms at any time. The amended versions will be posted on the Sahal Website, and Sahal will as soon as possible after posting the amendments make reasonable efforts to advise the Client of them by email and via the ClientZone. The Client also has a duty to duty to keep itself informed of the latest version of the above documents by accessing the Sahal Website on a regular basis.
  2. Sahal must give at least one calendar months’ notice for the amendments, which will become effective at the beginning of the first calendar month after the notice period has expired.
  3. If the Client objects to any of amendment, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.
  4. If Sahal changes its Fees, the change must take place as described in this clause.

Interactions with Staff and Sahal Brand

  1. Clients will be held accountable for their conduct towards Sahal staff and in the public domain with regard to allegations or malicious conduct directed towards Sahal or its staff.
  2. Abusive behaviour, including (but not limited to) aggression, offensive language or conduct, including threats or any type of intimidation on a forum or directed at Sahal or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and Sahal reserves the right to suspend or terminate Services to a Client in such cases.
  3. Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the Sahal brand may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.

Availability of Services

  1. Sahal cannot guarantee the provision of the requested Service upon the receipt of an Application.
  2. Provision of the Service is subject to Sahal confirming that it is technically feasible to do so.
  3. Applicants will be formally notified after receipt of an Application whether or not the Service can be provided.

Choice of Services and Products

  1. Sahal offers online application and signup for all products and Services only via the ClientZone. The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. Sahal will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
  2. Sahal provides Services on the basis of information provided by the Client, and Sahal offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
  3. Sahal reserves the right to stop offering particular Services if it deems it necessary. Sahal will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

Referral Programme

  1. Clients may only use a referral programme to refer other possible clients. Clients that try to refer themselves via other accounts, whether setup using spoofing methods or simply as duplicate referrals will not receive any discounts.
  2. Should a referred client decide to cancel its services within three months of signup, Sahal reserves the right to reverse both the referrer and the referee’s credits.

Payment and Penalties

  1. Sahal only accepts EVC, Bank transfer and cash payments payments for month to month services, and will only accept alternative payment under specific circumstances and only by prior arrangement at Sahal's discretion.
  2. Sahal will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
  3. Sahal reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
  4. If the Client’s Services are suspended or terminated for any reason, including non-payment, Sahal may charge a Reconnection Fee for subsequent reactivation of services. Reconnection Fees are payable in full before any services can be reactivated, once suspended. Sahal may charge multiple reconnections Fees where multiple products are affected, and may charge "escalating" penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice Sahal's right to enforce such penalties in full at any time (within their discretion).
  5. Reconnection of Services may be subject to a waiting period of up to 72 hours, at Sahal’s discretion, regardless of when payment is received or cleared. Reconnection is subject to a reconnection fee as described in the ClientZone.
  6. In cases of suspension of Services due to non-payment, Sahal reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
  7. In the case of billing disputes, the onus is upon the Client to raise such disputes in good time to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at Sahal’s discretion.
  8. Sahal reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at Sahal’s discretion and may vary. The means and terms of termination will be determined at Sahal’s discretion. Notice of termination will be provided to the best of Sahal’s ability, but Sahal will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.
  9. Unless otherwise agreed:
    1. Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
    2. Services are billed in advance and all invoices must be paid by the Client in advance.
    3. Any Services invoiced in arrears are payable on presentation of invoice.
    4. All Fees and other amounts payable are quoted inclusive of taxes.

Term and Termination

  1. Sahal operates month-to-month contracts. Either the Client or Sahal may terminate the agreement, or a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 15th of January, termination will take effect on the 1st of March. Particular Service Terms may allow for shorter notice periods.
  2. The Client must give notice of termination to Sahal via the ClientZone. Cancellation of any Service is the Client’s responsibility and all tools to effect such cancellation are provided in the ClientZone. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, Sahal will not be liable for any additional costs or compensation due to the error.
  3. Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
  4. The Client acknowledges that Sahal may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.
  5. Sahal reserves the right to deactivate or terminate selected Free Products, such as Free Voip, should they not be used within a prescribed period or at Sahal's sole discretion. Such termination will take place automatically, as per product specifications, and may occur without prior warning. Sahal accepts no liability should such termination take place, and not warranty is made regarding the availability of said products in the future.

Transferability

  1. Should Sahal agree to the acquisition or transfer of any or all of it’s services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes and any potential impact to their service agreement within the minimum term (30 days) of a month to month agreement.

Client Information and Privacy

  1. Clients signing up for services as a Primary Contact are considered as “the client” and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the “client”.
  2. Sahal may retain backups as a matter of course for up to one year after termination, and the Client consents to such retention. However Sahal gives no warranty in respect of the effectiveness of such backups (if any).

Security

  1. Sahal will implement measures in line with Good Industry Practice to ensure the security of the Sahal System and the physical security of Sahal’s premises, but gives no warranty that breaches of security will not take place.
  2. If the Client discovers a security violation, or thinks that a security violation is imminent, it must immediately notify Sahal in an appropriate way that does not further compromise security concerns.
  3. If the Client suffers damage as a result of loss or corruption of Client Data through a security violation, it will be liable for the damage if the violation was the Client’s fault.
  4. The Client must not do anything that may prejudice the security of the Sahal System, and must take all reasonable measures necessary to ensure that:
    1. no unlawful access is gained to Sahal’s premises, the Sahal System, or the Client’s own system;
    2. no Malicious Code is introduced into the Sahal System; and
    3. the Client Data is safeguarded.
  5. If a security violation occurs, or Sahal is of the view that a security violation is imminent, Sahal may take whatever steps it considers necessary to maintain the proper functioning of the Sahal System including without limitation:
    1. changing the Client’s access codes and passwords (or those of any user of the Sahal System), and
    2. preventing access to the Sahal System.
  6. Sahal takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
  7. The Client must give its full cooperation to Sahal in any investigation that may be carried out by Sahal regarding a security violation.
  8. If the Client is providing any service to third parties that makes use of the Sahal System, the Client must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 15.
  9. Sahal may on prior written notice to the Client inspect the Client’s installation and Client Equipment located on Sahal’s premises to ensure compliance with the building regulations and restrictions agreed between the parties.

Suspension or Terminations of Service

  1. Sahal may, subject to this Agreement or Acceptable Use Policy, suspend or terminate services of a Client in its absolute discretion by providing email notice if:
    1. the Client commits a serious or repeated breach of the Agreement or the Client engages in any conduct which in Sahal’s opinion would have a negative impact on Sahal, other clients or Sahal’s staff or is detrimental to the welfare, good order or character of Sahal; or
    2. Any part of the Client’s Fees are not paid in full when due; or
    3. The information the Client supplied to Sahal is found to be incorrect or false;
    4. Sahal reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
  2. Sahal reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:
    1. Will not be eligible for re-imbursement / compensation, unless at Sahal’s discretion
    2. Will not be eligible for payment under the  Double Money Back Guarantee or similar promotion
    3. May be further barred from signing up for any services with Sahal in the future
    4. May be reported to governing bodies, such as MIPTT, for listing purposes
    5. May be listed with applicable authorities and credit bureaus.
  3. The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.

Limitation of Liability and Indemnity

  1. SAHAL WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND sahaltel WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN sahaltel EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
  2. In the event that Sahal is nonetheless held liable, the quantum of Sahal’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of Sahal or any other cause.
  3. USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS SAHAL IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST sahaltel ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
  4. These limitations on liability and indemnities apply to the benefit of Sahal and Sahal's Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Sahal System.
  5. Nothing contained in this clause 17 will limit the Client’s liability in respect of charges incurred for ongoing Services.
  6. In the case of ambiguity, this clause 17 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.

Notices

  1. All requests by the Client for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made via the ClientZone and Sahal reserves the right to ignore any such request made in any other manner. 
  2. The Parties choose their addresses where they will accept service of any notices/documents for all purposes (apart from as described in clause 19.1) arising from this Agreement (domicilium citandi et executandi):
    1. in the case of Sahal,
      21 ka Nofeembar, Bakaara Market
      Mogadishu
      Somalia,

      and
    2. in the case of the Client the addresses set out in the most recent Service Order agreed between the Parties.
  3. Either Party may vary its given postal address or other contact details by notifying the other Party in writing.
  4. Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another ("the addressee") which:
    1. is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
    2. if sent by fax during Business Hours, upon production of a satisfactory transmission report by the fax machine which sent the fax and if outside such Business Hours then at the beginning of the next Business Day; or
    3. is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; or
  5. Despite the above:
    1. any notice that Sahal sends by email to an email account hosted on the Sahal System by the Client will be deemed to have been received by the Client on  the date of transmission; and
    2. if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.Notices