Post-Paid Standard Terms & Conditions




  1. THE AGREEMENT

 

  1. 1  The terms and conditions herein, together with the Postpaid Application Form, schedules, the terms and conditions of any component of the Services and any other document referred to herein or therein (together, “the Agreement”), shall govern our contractual relationship with you for the provision of the Services on our Network.

 

  1. 2   The Agreement constitutes the entire understanding between you and us and supersedes all prior agreements and proposals, whether written or oral.

 

  1. 3 If there is any conflict or inconsistency between the terms and conditions herein (henceforth, “this Agreement”) and those of any component of the Services, the latter  shall prevail but only in relation to the component of the Services. Otherwise, the terms and conditions herein shall prevail.

 

  1. INTERPRETATION

 

In this Agreement, unless the context otherwise requires, the following definitions shall apply:

 

“Additional Services” means optional services offered by us in connection with the Vodafone Uganda Postpaid Services which may incur a Charge whether or not they are supplied in conjunction with a Vodafone Uganda Postpaid Plan. You can find more information about these services, including which ones are available to you and the Charges for using them, on the Vodafone Uganda Website;

 

“Allowance” means the amount and type of Services which are provided to you on a monthly basis as part of your Vodafone Uganda Postpaid Plan and any Additional Services you subscribe to, for example certain amounts of voice minutes, data, SMS messages and/or other Additional Services;

 

“Charges” means charges for the Services and includes without limitation Disconnection Fees, Late Payment Fees, Reconnection Fees, Transfer Fees and any other charges contemplated in the Agreement. Charges are set out in the Services Schedule;

 

“Content” means information, images and sounds, communications, software or any other material made available through the Services and includes wireless data and internet content;

 

“Device” means a telecommunications device which operates on our Network and is used by you to access the Services;

 

“Disconnection Fees” means the Charge payable by you when this Agreement is terminated during the Minimum Term or where you transfer to prepaid. Disconnection Fees are set out in the Services Schedule;

 

“Fair Use Policy” means a fair use policy as referred to in clause 4.10, as amended from time to time;

 

“International Roaming” means an Additional Service that allows you to use Vodafone Uganda International Roaming services in countries other than Uganda;

 

“Late Payment Fees” means the Charge payable by you for not paying a bill by the due date. Late Payment Fees are set out in the Services Schedule;

 

“Minimum Term” means your minimum fixed period commitment to receive Vodafone Uganda Postpaid Services as set out in your Postpaid Application Form;

 

“MNP Terms” means the terms for Mobile Number Portability in Uganda, as amended from time to time;

 

“Network” means without limitation the telecommunications system(s) owned by us and/or other Vodafone Uganda Companies and/or other telecommunications companies which we use to provide the Services to you and other customers;

 

“PIN” means a personal identification number which is necessary for protection from non-sanctioned access to your SIM;

 

“Port” or “Porting” means the process of transferring your mobile phone number from one mobile service provider to another mobile service provider;

 

“PUK1 Code” means a personal unblocking key code which can unblock your SIM;

 

“Reconnection Fees” means the Charge payable by you for us reconnecting you to the Service where we suspend or terminate the Services as a result of you not meeting a responsibility you have to us. Reconnection Fees are set out on our Website as updated from time to time.

 

“Services” means the telecommunications services provided by us to you under this Agreement, including the Vodafone Uganda Postpaid Services, Additional Services and anything else we do or provide in connection with these services, which may or may not incur a Charge;

 

“Services Schedule” means the schedule in which the Vodafone Uganda Postpaid Plan tiers, Additional Services and Charges are provided;

 

“SIM” means any Subscriber Identity Module that we may have provided to you which enables you, when used with a Device, to access the Services on our Network;

 

“SMS” means a Short Message Service, which is a form of text messaging on mobile phones and, where applicable, a Device;

 

“Transfer Fees” means the Charge payable by you when you move from a higher tier Vodafone Uganda Postpaid Plan to a lower tier Vodafone Uganda Postpaid Plan before the end of the Minimum Term. Transfer Fees are set out in the Services Schedule;

 

“Vodafone Uganda” means Afrimax Uganda Limited or any company which is a direct or indirect subsidiary of Afrimax Uganda Limited;

 

“Vodafone Uganda Customer Services” or “Customer Services” means Vodafone Uganda Customer Services, which is contactable on 100 from your Vodafone Uganda mobile number, or by using such other contact details provided on the Vodafone Uganda Website as updated from time to time;

 

“Vodafone Uganda Postpaid Plan” means your chosen Vodafone Uganda Postpaid Plan which sets out things such as:

  • The Allowance and Services provided to you under the chosen Postpaid Plan; and
  • the monthly and other Charge for the Allowance and Services.

 

“Vodafone Uganda Postpaid Services” or “Postpaid” means the Services provided by us where you pay the Charges in arrears on a monthly basis;

 

“Vodafone Uganda Website” means our website at www.vodafone.co.ug or such other website that we notify you of from time to time;

 

“we”“our” or “us” means Vodafone Uganda; and

 

“you” or “your” means the customer who is party to the Agreement.

 

  1. TERM OF THIS AGREEMENT

 

  1. This Agreement starts once signed by both Parties.

 

  1. This Agreement will continue for at least the Minimum Term, unless it is terminated in any of the ways described in clause 11 prior to the expiry of the Minimum Term.

 

  1. This Agreement will terminate at the end of the Minimum Term unless renewed by both Parties on terms to be agreed. You are advised to commence the renewal process at least thirty (30) days prior to the expiry of the Minimum Term as the Services will be disconnected as soon as the Minimum Term expires.

 

  1. If you do not have a Minimum Term we will continue to provide you with the Services until this Agreement is terminated in any of the ways described in clause 11.

 

  1. THE SERVICES

 

  1. The Vodafone Uganda Postpaid Services are set out in the Services Schedule and/or Vodafone Uganda’s Website as updated from time to time.

 

  1. To connect to and use the Service, you may require a SIM and a capable device, and you must be within our network coverage area.

 

  1. We will use our best endeavors to provide quality Services at all times. However, our ability to do so may be affected by factors outside of our control including but not limited to, geographic conditions, weather conditions, the number of people trying to use our Network at the same time, faults in our Network or other networks used by us to provide the Services, and your Device. We do not therefore promise or guarantee that the Services will be continuous, fault-free or available at all times at a particular location.

 

  1. The Services may also be unavailable due to maintenance, repairs, upgrades or modifications to our Network or other networks used by us to provide the Services. Where necessary and within our control, we will endeavor to give you notice and keep such unavailability to a minimum.

 

  1. Furthermore, we may be required by Government or other legal authority to block certain Content or access to certain websites or applications. Where possible, we will endeavor to give you notice of such blockage.

 

  1. We may be required by Government or other legal authority to suspend some or all components of the Services from time to time. Where possible, we will endevour to give you notice of such suspension.

 

  1. International Roaming relies on the use of overseas telecommunication networks which we do not control and therefore we cannot guarantee the quality of International Roaming services. Your use of overseas telecommunication networks while on International Roaming will be subject to the terms and conditions of the relevant network operator. Those terms and conditions will apply in addition to the terms and conditions contained in this Agreement.

 

  1. We will not in any way be liable to you for Services quality degradation or outage as per clauses 4.3, 4.4, 4.5 and 4.6 above.

 

  1. You agree as follows:

 

  1. To pay all bills on or before the due date;

 

  1. To comply with all your obligations in this Agreement;

 

  1. To comply with the law in accessing and using the Services and your Device;

 

  1. Not to use the Services and your Device for an illegal or fraudulent purpose;

 

  1. To provide us with all information we request in connection with this Agreement and make sure that all information you give us or any third party retailer is accurate and complete;

 

  1. To keep confidential any PIN or other access code feature used by, or allocated to, you in connection with the Services;

 

  1. Not to use the Services or your Device in a way that interferes with any other person’s use of the Services;

 

  1. Not to use the Services or your Device to spam, mail bomb, publish any unlawful material, harvest information about others, create a false identity, access or upload any Content which breaches a third party right, or any other similar activity;

 

  1. To use only Devices and accessories approved for use with our Network and which comply with all relevant laws;

 

  1. To follow the instructions and guidelines (including any Fair Use Policies) we give you about the use of the Services and your Device;

 

  1. Not to do anything or introduce anything (including any virus) that may damage or harm our Network or equipment or any third party’s network or equipment;

 

  1. To authorise us to conduct a credit check on you from time to time when we consider, acting reasonably and in good faith, that it is appropriate;

 

  1. Not to sell or in any similar way make the Services available to others or commercially exploit the Services or any Content in any way;

 

  1. That using the Services does not give you any rights in any part of our Network;

 

  1. Never to interfere with any part of our Network;

 

  1. To authorize us or a person approved by us to remotely access your Device in order to perform any tasks that in our opinion are reasonably necessary to protect you or our other customers, or to maintain, alter or protect the integrity or performance of our Network or our Services or where we have been directed to do so by law;

 

  1. To comply with the terms of any loan agreement that you have with us relating to any Device or other equipment you rent from us, or which is loaned to you;

 

  1. To comply with the terms and conditions of all components of the Services; and

 

  1. That you will not transfer any benefit or obligation of this Agreement to any other person.

 

  1. You agree to make sure that everyone who uses the Services provided to you or your Device complies with the obligations and responsibilities set out above.

 

  1. Some components of the Services may be subject to fair use policies. If so, they are set out in the specific terms and conditions relating to those components of the Services or on our Website as updated from time to time or elsewhere as otherwise indicated in our published general terms and conditions.

 

We may enforce our fair use policies from time to time where, in our reasonable opinion and acting in good faith, your usage of the Services or a component thereof is excessive and/or unreasonable. We do this in order to help prevent fraud and to ensure that excessive use of the Services or a component thereof does not prevent our other customers from enjoying the Services.

 

From time to time we may publish on the Vodafone Uganda Website new fair use policies in respect of some or all of the components of the Services. These shall take effect on the date of publishing and it is your responsibility to check the Vodafone Uganda Website on a regular basis for updates to the fair use policies.

 

  1. Some components of the Services are subject to other terms and conditions relating to those services. Those terms and conditions are supplemental to this Agreement PROVIDED that where there is a conflict between those terms and conditions and this Agreement, the terms and conditions in this Agreement shall prevail but only in relation to the Services.

 

  1. VODAFONE UGANDA POSTPAID PLANS AND YOUR ALLOWANCE

 

  1. The Vodafone Uganda Postpaid Plans are set out in the Services Schedule.

 

  1. You may change between Postpaid Plans only in accordance with the terms and conditions relating to the relevant Postpaid Plan. You may have to give us a certain period of notice before you can change and Transfer Fees and/or Disconnection Fees may apply. It is your responsibility to check what, if any, special terms and conditions exist for different Postpaid Plans and if there are any fees for changing between them.

 

  1. Where you have a Minimum Term and you choose to change from a higher tiered Postpaid Plan to a lower tiered Postpaid Plan before the end of that Minimum Term, a Transfer Fee applies. To find out the applicable Transfer Fee please refer to the Services Schedule or call our Customer Services from your Device.

 

  1. If you choose to change from a Postpaid Plan to a Vodafone Uganda prepaid plan, you will need to terminate this Agreement in accordance with clause 11 and sign up to a new agreement relating to the prepaid plan. If you have a Minimum Term and you change plans before the end of the Minimum Term, Disconnection Fees will apply. Please refer to the Services Schedule to find out the applicable Disconnection Fees or call our Customer Services from your Device.

 

  1. The Allowance under your Postpaid Plan and each Additional Services you subscribe to:

 

  1. will be refreshed at the beginning of each billing period;

 

  1. may not be carried over from one billing period to the next unless the terms and conditions relating to your Postpaid Plan or the relevant Additional Services provide otherwise;

 

  1. may only be used in accordance with the terms and conditions of your Postpaid Plan or the relevant Additional Services and may not be credited towards other charges including international calls, 0800 calls and special SMS code numbers;

 

  1. may not be transferred between Postpaid Plans or to a prepaid plan;

 

  1. may not be redeemed for cash, phone equipment, Disconnection Fees, Transfer Fees or other Charges;

 

  1. cannot be transferred or assigned;

 

  1. expires on termination of this Agreement and any unused part of your Allowance will be forfeited on disconnection and you will not receive any refunds; and

 

  1. is subject to any other terms and conditions of your Postpaid Plan and the relevant Additional Services.

 

  1. If you use up your Allowance before the end of a billing period, you may purchase a bundle and use those Services or continue at out of bundle rates. The rates for accessing and using the Services are set out on our Website as updated from time to time.

 

  1. If you subscribe to any Additional Services, you may have to pay the full Charge for your current billing period if you subscribe to that Additional Services after your current billing period has commenced. Charges for Additional Services will recur and be incurred every billing period unless you notify us that you want to unsubscribe in accordance with clause 11.5.

 

  1. CHARGES AND BILLING

 

  1. The Charges for the Services are set out in the Services Schedule. They are also available on the Vodafone Uganda Website and by contacting the Vodafone Uganda Customer Services.

 

Services

  1. There is a monthly billing period for your use of the Services, which shall: –

 

  1. in the first month, commence from the date we accept your application to use the Services until the last day of that month; and

 

  1. Subsequently, commence on the first day of the month until the last day of the month.

 

  1. We will make your bills available to you for each billing period: –

 

  1. by email at no additional charge; or

 

  1. by post (if you choose to) in which case you will be liable for the cost of producing and delivering such printed bill and we shall add such costs to your subsequent bill.

 

  1. Your bill will be sent to you by email by the fifth (5th) day of the month immediately following a billing period. The bill will specify the total amount of the Charges you owe us which must be paid by the twentieth (20th) of the month immediately following a billing period.

 

  1. Subject to clause 5.6, Charges for the Services will be billed in arrears.

 

  1. We may change our Charges from time to time. Where we do this we will notify you of any changes in accordance with clause 17 and you will have the rights outlined in that clause.

 

  1. As we have no control over your Device and SIM, you are liable for all Charges under this Agreement whether incurred by you or someone else using your Device or SIM (with or without your knowledge). This includes, where your Device or SIM has been lost or stolen, all Charges incurred prior to us activating a block on your Device or SIM. To block your SIM, you can call our Customer Services. If you no longer want to use the Services, you must terminate this Agreement in accordance with clause 11. Removing your SIM from your Device will not deactivate the SIM or operate as a termination of this Agreement. If you do not know how to deactivate your SIM call our Customer Services.

 

  1. The Charges that apply to International Roaming are in addition to any other Charges which apply to the Services. The Charges for International Roaming may include Charges for voice calls and other messages sent and received or for accessing Content. The Charges for International Roaming will be determined by Vodafone Uganda and/or the overseas network operator. These Charges will vary between overseas networks and may change from time to time. To help you manage the Charges when you are on International Roaming you can check out our helpful International Roaming tips on our Website. You can also find information on International Roaming Charges by calling our Customer Services or by visiting our Website.

 

  1. We will impose credit limits for your use of the Services. We will notify you by SMS or other means as you approach your call or credit limit. You must observe any credit limit we set from time to time.

 

  1. If you think that there is a mistake in your bill, please let us know before the due date for payment or, if you have already paid your bill, within three (3) months of the bill due date. We will investigate the matter as soon as possible. While you wait to hear from us, you need pay only the undisputed part of the bill by the due date for payment. If we agree there is a mistake, we will adjust your next bill. If we find, acting reasonably and in good faith, there is no mistake, we will provide you with the reason for our decision and, if the due date for payment has already passed, you must pay the amount outstanding within seven (7) days. Our decision in this regard will be final. You may exercise your rights under Clause 22 if dissatisfied with our decision.

 

  1. If you do not pay a bill by the due date for payment stated on that bill, your Service will be liable to be suspended and will only be reactivated on full payment of the bill. In addition, you may be charged Late Payment Fees. We also reserve the right to charge you for any reasonable administration or collection costs (including legal costs on a solicitor and client basis) which we may incur if you do not pay your bill on time and in full.

 

  1. Where you have not met your payment obligations to us, we may, acting reasonably and in good faith, off-set any credit balance on any of your Vodafone Uganda accounts, or any money we would otherwise be required to pay you, against any amounts you owe us under this Agreement (including any Charges that have not been paid by the due date). Subject to these rights, we will refund any monetary credit balance on your account at the end of this Agreement.

 

Devices

  1. You must pay the purchase price of any Device and/or other equipment you buy from us, which is the price agreed at the time of purchase. You cannot terminate this Agreement by returning any Device and other equipment to us. From the time we deliver the Device and other equipment to you, you will own them and they will be at your risk.

 

  1. Where the payment method for the purchase price of your Device or other equipment is on account (in other words, on your bill) you agree that:

 

  1. the full purchase price of the Device and/or other equipment will be debited to your Vodafone Uganda account when you accept this Agreement, and

 

  1. you are responsible for repaying the amount in full by the due date stated on your bill.

 

  1. MOBILE PHONE NUMBERS

 

  1. Unless you Port a mobile phone number to us or you have an existing Vodafone Uganda mobile phone number which can be used with your Device or SIM, we will allocate a mobile phone number to you for use with your Device or SIM on our Network. The mobile phone number does not belong to you and you may not sell or otherwise transfer it. Any disputes regarding the allocation of mobile phone numbers will be determined by us, acting reasonably and in good faith and taking the particular facts of each case into consideration, and our decision will be final.

 

  1. In exceptional circumstances, where there are no alternative solutions available, we may be required to change the mobile phone number you use with your Device or SIM. Where we are required to change your allocated mobile phone number, we will give you notice of this change.

 

  1. If you wish to Port your allocated mobile phone number to another Mobile Service Provider:

 

  1. you will need to contact that other Mobile Service Provider;

 

  1. you will be responsible for taking all necessary steps to Port your mobile phone number, other than our obligations under the MNP Terms; and

 

  1. you will be responsible for all costs associated with Porting your mobile phone number (for example, the cost of a new SIM that is compatible with that other mobile service provider’s network, any outstanding charges that you owe us or connection fees charged by that other mobile service provider).

 

  1. If you have not Ported the mobile phone number allocated to you prior to either the termination of this Agreement or your access to the Services being disconnected, we may reallocate that number to another customer.

 

  1. WIRELESS DATA AND CONTENT

 

  1. Where required by law or directed by Government or other legal authority, we may monitor the Content and/or websites accessed using the Service.

 

  1. We are not responsible for:

 

  1. ensuring that any Content you access or make available through the use of the Services will be private or secure or free from viruses or other harmful things;

 

  1. any transactions you enter into, any dealings between you and any advertisers or third parties, or your participation in any promotions through use of the Services;

 

  1. any inaccuracies in any Content you obtain from the Services or any loss or damage arising from the use of, or reliance on, such Content;

 

  1. any corruption or loss of Content stored on your Device or accessed by you;

 

  1. any delay in your receipt of Content you select for transmission to your Device; or

 

  1. fixing any faults in your Device or SIM that occur as a result of you accessing Content.

 

  1. Unwanted programs or Content may be downloaded from the internet without your knowledge, which may give unauthorised persons access to your Device. You are responsible for ensuring that your Device has appropriate protections against such unauthorised access and we are in no way responsible for any damage or loss suffered as a result of your failure to protect your Device.

 

  1. DEVICE AND SIM

 

  1. You must keep your Device and the SIM secure at all times. We recommend that, in order to prevent unauthorised use of your Services, you use, where available, a PIN, passwords, toll barring options and other access code features provided with your Device and SIM to ensure that only you are able to access and use the Services. You must keep all such PINs, passwords and access codes confidential at all times. While we will use security screening checks where available, we may assume that any request or instruction we receive is authorised by you if it is made from your Device.

 

  1. If a PIN is entered incorrectly three (3) times in a row, the SIM will automatically block and it will not be possible to use it unless it is unblocked. To unblock the SIM, you will need a PUK1 Code, which you can obtain from your SIM packaging or by contacting our Customer Services. Take care when entering the PUK1 Code because if you continue to block your SIM by incorrectly entering the PUK1 Code, the SIM will be rendered useless after 10 attempts and you will lose names, numbers and other information stored on it. Because of the nature of the SIM technology we will not be able to get this information back for you. You will then need to purchase a new SIM, which will have a new PUK1 Code, if you wish to continue using the Services.

 

  1. It is advisable, in order to safeguard your account balance and for security reasons that you inform us immediately if your Device or the SIM supplied to you is lost, stolen or damaged. You will remain liable for all Charges incurred in relation to the use of your Device or the SIM up to the time you inform us that your Device or SIM is lost or stolen and we activate a block on your Device, whether the Charges have been incurred by you or someone else. If your Device is lost, stolen, damaged or destroyed, you will need to purchase a new Device and/or SIM if you wish to continue using the Services.

 

  1. If equipment, including your Device, supplied to you by someone other than us does not work properly, you need to contact the relevant equipment supplier or manufacturer, rather than us, about the problem. We are in no way responsible if this equipment is damaged as a result of unauthorised use on our Network, or if it does not work on our Network. We are under no obligation to take any action so you can access the Services using this equipment. Any responsibilities we may have for a Device or other equipment that you buy directly from us will be covered by a separate warranty or sales agreement for that Device or other equipment.

 

  1. WITHHOLDING, SUSPENDING, DISCONNECTING OR RESTRICTING SERVICES

 

  1. We may temporarily withhold, suspend or restrict your use of any or all of the Services if:

 

  1. you or anyone who uses your Device or SIM does not comply with the terms and conditions of this Agreement or any other agreement with us;

 

  1. you do not pay your bill by the due date specified on the bill;

 

  1. you do not meet our standard credit check requirements performed after this Agreement commences;

 

  1. you go over a credit limit that we have set for you;

 

  1. you or anyone who uses your Device or SIM damages our Network or puts our Network at risk;

 

  1. you harass, abuse or threaten our staff; or

 

  1. you notify us that your Device or SIM has been lost or stolen.

 

  1. We will always do our best to contact you before we withhold, suspend or restrict your use of any or all of the Services pursuant to clause 10.1.

 

  1. Where you have not met a responsibility you have to us, and as a result we have withheld, suspended or restricted any or all of your Services pursuant to clause 10.1, you will remain liable for all monthly or other periodic Charges during this period.

 

  1. Where we suspend or terminate the Services as a result of you not meeting a responsibility you have to us, we may require you to pay a Reconnection Fee before you can use the Services again. The Reconnection Fee reflects an administrative cost to us and is set out in the Services Schedule. Your account will also need to be paid in full or you will have to negotiate a payment plan with us. The reconnection will be subject to our standard credit approval.

 

  1. If you continue not to meet a responsibility you have to us, such as paying your bill, we will permanently disconnect your Services without any liability to you.

 

  1. Where we permanently disconnect your Services, you will remain liable for all Charges incurred up to the date of a withholding, suspension or restriction of your Services. Where such disconnection is before the end of your Minimum Term, a Disconnection Fee will also apply.

 

  1. GIVING UP OR ENDING SERVICES

 

  1. You may end this Agreement at any time after the Minimum Term, or at any time if you do not have a Minimum Term, by notifying your account manager in writing or writing to our Customer Services.  This Agreement will end and Charges will stop thirty (30) calendar days after we receive your notification.

 

  1. You may terminate this Agreement before the Minimum Term has ended if you pay us:

 

  1. all Charges that are due; plus

 

  1. any applicable Disconnection Fee as set out in the Services Schedule.

 

  1. We may cancel this Agreement immediately without notice to you if:

 

  1. we have the right to suspend your access to the Services for any of the reasons set out in clause 10.1 that have not been rectified within fourteen (14) days;

 

  1. you breach this Agreement in a material way and do not put it right within seven (7) days of us asking you to;

 

  1. you seek to assign or transfer this Agreement in breach of clause 19; or

 

  1. you become insolvent or bankrupt, or a receiver, manager or statutory manager is appointed over any or all of your assets, or any resolution is passed, or any proceeding is commenced to wind you up or liquidate you, or your poor payment history suggests that you are unable to pay the Charges.

 

  1. If this Agreement ends for one of the reasons set out in this clause 11:

 

  1. any names, numbers and other information stored on your SIM may be lost;

 

  1. unless we agree otherwise (for example, if you have transferred to a Vodafone Uganda prepaid call plan covered by another agreement with us) or unless a mobile phone number has been Ported prior to giving up the Services, any mobile phone numbers allocated to you to use under this Agreement will no longer be available to you; and

 

  1. you may temporarily or permanently give up any Additional Services we provide you by writing to us and calling your account manager or Vodafone Uganda Customer Services. Some Additional Services may have a minimum period which you must subscribe for or may require you to provide us with at least one month’s notice of your intention to give them up.

 

  1. We may decide to stop providing all or any part of our Services to you. For example, where it is no longer commercially viable for us to continue providing the Services or where we have upgraded to newer technology. If we do this, we will tell you at least thirty (30) before we stop providing the Services. We may do this by sending you an email, writing or calling you.

 

  1. Ending this Agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards, including any obligation you may have to pay any outstanding Charges.

 

  1. If this Agreement ends before the end of its Minimum Term in circumstances in which a Disconnection Fee is not payable (including where we discontinue service) then to the extent legally permissible, we reserve the right to recover from you a portion of the Device subsidy we gave you (that portion reflecting the number of months of the Minimum Term that are remaining at termination). For the purposes of this clause 11.7, the Device subsidy shall be the difference between our mobile only price for that Device at the time you purchased it and the price you actually paid for that Device when you signed up to this Agreement.

 

  1. LIMITATION OF LIABILITY

 

  1. Nothing in this Agreement restricts or excludes any liability by either Party with respect to:

 

  1. death or personal injury;

 

  1. fraud or fraudulent misrepresentation; or

 

  1. the breach of any of statutory rights implied into this Agreement by applicable laws and which are, according to applicable laws, incapable of being so restricted or excluded.

 

  1. Except as provided above, the liability of Vodafone Uganda to you, whether in contract, tort (including negligence), misrepresentation, breach of statutory or regulatory duty, indemnity or otherwise:

 

  1. is expressly excluded in respect of:

 

  1. any loss (whether direct or indirect) of profit, revenue, business, data, anticipated savings or goodwill;

 

  1. any indirect or consequential losses, regardless of whether such losses were contemplated;

 

  1. any degradation of the Services, loss or damage (financial or otherwise) incurred by you as a result of the use of Vodafone Uganda’s Network and the Services, in circumstances where you use any Vodafone Uganda supplied equipment in conjunction with any software or hardware supplied to you by a third party, whether or not Vodafone Uganda was aware of the third party software or hardware at the time of installation of the Services;

 

  1. any Services quality degradation or outage as per clauses 4.2, 4.3 and 4.4 above.; and

 

  1. for all other losses, liability is limited in total to 100% of the Charges paid or payable by you in the Minimum Term or, if this Agreement has not been in place for the Minimum Term, the average monthly Charges payable for the months from the commencement of this Agreement to the date of the first relevant claim.

 

  1. Unless expressly set out herein, all other warranties, terms, conditions, statements and representations (whether expressed or implied by statute, common law, code, custom, usage or otherwise) are excluded to the fullest extent permitted by law.

 

  1. INDEMNITY

 

Subject to Clause 12, the Party in breach hereby agrees to indemnify the aggrieved Party for and against all and any claims, expenses, losses, liabilities and costs incurred resulting from breaching any provision of this Agreement.

 

  1. FORCE MAJEURE

 

We aim to provide quality services to you at all times, and exercise reasonable skill and care in performing our obligations to you. However, if we are prevented from performing any obligation in these Terms by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and its expected duration, and the obligations that are impacted by the circumstances. Our performance of these Terms and provision of Services to you will, to the extent that it is made impossible or impracticable by such circumstances (despite us taking reasonable steps to provide the Services) be suspended until such circumstances cease to exist. We are not liable to you for any failure or delay in performing any obligation set out in these Terms in the circumstances contemplated by this clause 14. You will not be required to pay any Charges for any Services to the extent that such Services are not provided by us due to the circumstances contemplated by this clause 14.

 

  1. DATA PROTECTION

 

  1. You agree and acknowledge that Vodafone Uganda will process personal and traffic data when providing the Services where required by law or directed by Government or other legal authority and in order to compute your bill.

 

  1. You agree that Vodafone Uganda or third parties acting on our behalf may use personal data for research purposes.

 

  1. COMPLIANCE

 

  1. You hereby represent and warrant to Vodafone Uganda that neither you, nor any member of your group, nor, so far as you are aware, any of your or their respective directors, officers, employees, agents, representatives or other persons associated with, performing a service for or otherwise acting for or on your or their behalf (each, an “Associated Person”) has breached any anti bribery laws or any applicable anti money laundering law, rule or regulation or any books and records offences relating directly or indirectly to a bribe. For the purposes of this Clause 20, “Anti Bribery Laws” means, in each case to the extent that they have been applicable to you or a member of your group (as the case may be) at any time prior to the date of the Agreement: (I) the UK Bribery Act 2010; (ii) the U.S. Foreign Corrupt Practices Act of 1977 (as amended); (iii) any applicable law, rule, or regulation promulgated to implement the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, signed on 17 December 1997; and (iv) any other applicable law, rule or regulation of similar purpose and scope in any jurisdiction, including books and records offences relating directly or indirectly to a bribe.

 

  1. You hereby represent and warrant to Vodafone Uganda that neither you nor any of your Associated Persons (I) are the target of any economic sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Departments of State or Commerce in the United States, Her Majesty’s Treasury, the United Nations Security Council, the European Union, or any other relevant sanctions authority (collectively, “Sanctions”) or (ii) are located or organized within, or doing business or operating from a country or territory that is, or whose government is, the subject of Sanctions or (iii) provide financing or services to, or in connection with, any activity in any sector under embargo by the United Nations.

 

 

  1. AMENDMENT OF THIS AGREEMENT

 

  1. From time to time we may need to change the terms of this Agreement by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. We will give you reasonable notice of any changes to these terms. These changes will, among others, be published on our Website as updated from time to time.

 

  1. Should any of the changes have a negative or detrimental impact on you, you may, before the changes take effect, exercise your right to terminate this Agreement. You will not be required to pay a Disconnection Fee if you are terminating this Agreement before the end of the Minimum Term as a result of any negative or detrimental change we have made to these terms.

 

  1. Where changes are beneficial to you or have a neutral impact on you, we may make the change immediately and we will tell you about the change as soon as possible after the changes have been made.

 

  1. The foregoing notwithstanding, we will change the Charges where the change arises from, relates to or is the result of a regulated charge outside our control, for example where the charge is a tax or levy imposed by the law or there is a charge for a regulated input required to provide you service. These changes will be binding on you.

 

  1. We may advise you of an alternative Postpaid Plan if we consider that you will be better off on the new plan.

 

  1. SENDING NOTICES

 

  1. We may send you notices by email or letter at the address you provide in the Postpaid Application Form.

 

  1. You may send us notices: –

 

  1. by email to the following email address: [email protected]

 

  1. by letter addressed to the Chief Executive Officer either delivered by hand to our head office (Plot 1 Kololo Hill Drive, Kampala – Uganda) or posted to P.O. Box 1015 Kampala – Uganda

 

  1. TRANSFERRING OUR RESPONSIBILITIES

 

We may transfer to someone else all or any part of our side of this Agreement you have with us, for example, where our company structure changes. This Agreement is personal to you and you will not transfer this Agreement or any benefit or obligation of it to any other person. If you are a business or company and your effective control or management is changed in any way, this will be treated by us as a transfer of this Agreement and we will be entitled to end it at our sole discretion and without any further liability to you.

 

  1. SEVERABILITY

 

Each term of this Agreement is separately binding. If for any reason any term is not legally effective all other terms shall remain binding and we can replace the term that is not legally effective with a term of similar meaning that is lawful and effective.

 

  1. WAIVER

 

Any Party to this Agreement shall not lose any right under this Agreement if it fails to use that right or delays in using it. For a waiver of a right to be valid, it must be in writing and will not give rise to an ongoing waiver of that right unless it is expressly stated to do so.

 

  1. GOVERNING LAW

 

This Agreement is governed by the laws of Uganda and you submit to the exclusive jurisdiction of the courts of Uganda in respect of any dispute or proceeding arising out of it.



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