5th Floor Pegasus House

52 - 54 Samora Machel Avenue, Harare

Zimbabwe
Tel: +263 242 760004, +263 8677 020 250

UTANDE SERVICE AGREEMENT FORM

BUSINESS CONTRACT

Company Name Zimbabwe Consolidated Diamond Compant (Pvt) Ltd

Physical Address: 35-37 Cosham Avenue Borrowdale Harare
VAT No. Tel: 852401-3 Company REG:

Primary Contact

First Name: Thobekile Last Name: Khumalo Title: Ms

Physical Address: 5870 Dauramanzi Road Zimre Park Harare
Mobile No.: +263774411529 Tel: +263716609213 Email: [email protected]

Billing Contact
First Name: Thobekile Last Name: Khumalo Title: Ms
Physical Address: 5870 Dauramanzi Road Zimre Park Harare
Mobile No.: +263774411529 Tel: +263716609213 Email: [email protected]
Industry: House - Hold Sector: Zimre Park

SERVICE ORDER/ SERVICE DETAILS

NAME OF PACKAGE SITE ADDRESS CONTACT PERSON MOBILE

FOR OFFICE USE ONLY

Account No.

Account Mgr.
Service Activity
Profit Centre

DOCUMENTS PROVIDED

CR14 VAT Certificate Certificate of Incoporation

tk
Initial: ___________
 AGREEMENT SIGNATURES

I/We____________________________________, authorized to sign this agreement and resident

at the above stated address, hereby declare that I/We am knowingly and willingly contracting to TERMS & CONDITIONS
subscribe to Utande Internet Service (Pvt) ltd ’s services (hereinafter
referred to as Utande) for a period o (in words) ________________________________________. ALL TELEPHONE SERVICES
months at US$________per month, with service starting on / / . I acknowledge that
it is a prepaid service due on the 1st of every month with a pro-rate charge if service starts during the The terms and conditions of this Service Agreement (“Terms” or “Agreement”) constitute the agreement
first month. (“Agreement”) between Dandemutande Investments Pvt Ltd(“Dademutande”, “Company”, “We”, “Us”) and
the User (“you”, “User” or “Customer”) of the Company’s Prepaid and business communications Services,
The services provided are contained overleaf. and any related products or services (“Service”). This Agreement governs both the Service and any connect-
Should I default or fail to make the prescribed monthly payment on schedule, I/We acknowledge that ed Device (“Device” or “Equipment”), used in conjunction with the Service. Additional Terms and Condi-
Utande reserves the right to de-activate any Utande service. Failure to rectify non-payment within 30 tions located on the Dandemutande website at https://www.dandemutande.co.zw may also apply
days may result in legal action being taken. This contract is subject to the standard warranty terms .
and refund conditions of the Utande T&C’s noted overleaf and which are available for review at www. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO
utande.co.zw where full terms and conditions of service are noted, and deemed to be agreed upon on THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND
by you on initial registration with Utande. CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE
IT INCLUDES MANY IMPORTANT TERMS, INCLUDING: WARNINGS THAT YOU MAY BE UNA-
We require that you provide a certified copy of your company docs, (CR14, VAT Certificate and BLE TO USE THE VOIP SERVICE FOR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUM-
Certificate of incorporation) on purchase of your service. A copy of each must therefore please STANCES; LIMITS AND DISCLAIMERS ON COMPANY’S LIABILITY; AND THE REQUIREMENT
accompany this application. THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE.

SERVICES PROVIDED
Utande will charge and the Customer agrees to pay charges and rates denominated in United States SERVICE
dollars (“US$”) and excluding VAT and any other applicable excise duty as follows: Banking details as
per the Invoice presented. Service is offered on a monthly basis for a term that corresponds with the date your Dandemutande VoIP
service was activated and ends on the day before the same date in the following month or corresponds with
DESCRIPTION QUANTITY PRICE PER UNIT TOTAL the calendar month if the Service fees were prorated to the start of a calendar month. Subsequent terms of
this Agreement automatically renew unless you give Dandemutande written notice of non-renewal at least
Non-Recurring Charges (NRC)
ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service
for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term,
you will be responsible for the full month’s charges to the end of the then-current term, including, without
limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due
and payable. Expiration of the term or termination of Service will not excuse you from paying all accrued
and unpaid charges due under this Agreement.

If you subscribe to the Company’s Prepaid Services, which is defined as Service intended solely for the
Total Non-Recurring Charges subscriber’s residence, or home, and not for commercial purposes (“Prepaid Services”), the Service and the
To be paid with order Device (if provided) are provided to you solely for such Prepaid use. You shall not resell or transfer the Ser-
Monthly Recurring Charges (MRC) vice or the Device to another party. You are prohibited from using the Service or the Device for auto-dialing,
continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political
solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to
immediately terminate or modify your Service if We determine, in our sole and absolute discretion, that your
use of the Service or the Device is, or at any time was, inconsistent with normal Prepaid usage patterns. In
addition, you will be required to pay the higher rates for Business Service for all periods in which your use
of the Service or the Device was inconsistent with normal Prepaid use.

If you subscribe to the Company’s Prepaid Services, which is defined as Service intended solely for the
Total Monthly Recurring Charges
subscriber’s residence, or home, and not for commercial purposes (“Prepaid Services”), the Service and the
Payable Recurring Charges Device (if provided) are provided to you solely for such Prepaid use. You shall not resell or transfer the Ser-
To be paid in advance on the first business day of each month/quarter/year vice or the Device to another party. You are prohibited from using the Service or the Device for auto-dialing,
continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political
solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to
immediately terminate or modify your Service if We determine, in our sole and absolute discretion, that your
Initial: ___________ use of the Service or the Device is, or at any time was, inconsistent with normal Prepaid usage patterns. In
 REVISIONS, AMENDMENTS, OR MODIFICATIONS TO THESE TERMS
addition, you will be required to pay the higher rates for Business Service for all periods in which your use
of the Service or the Device was inconsistent with normal Prepaid use. The Company may change this Service Agreement or the Service from time to time by posting a revised
version of this Service Agreement or announcing Service changes on the Company’s website currently
If you subscribe to the Uncapped Voice Services, which is defined as Service intended solely for the sub- located at: https://www Such changes may include, without limitation, increasing the charges for the
scriber’s use to support commercial, for-profit or not-for-profit, non-Prepaid enterprises (“Uncapped Voice Service, including any additional features that may be offered in conjunction with the service. Changes will
Services”), the Service and Device (if provided) are provided to you as a small business User. Because We become effective once posted, and your continued use of the Service will constitute your acceptance of any
have no control over your power or Internet connectivity you may experience occasional outages. For this such changes. However, if you do not wish to continue Service after a change or modification in features
reason, it is strongly recommended that you maintain a backup Internet service provider so that you have or functionality that materially effects the Service to you, you may terminate this Service Agreement by
backup contact ability. It is recommended that provide a forwarding number so that you can receive calls providing written notice to the Company within twenty (20) days of the effective date of the modification,
in the event of an Internet outage. You shall not resell or transfer the Service or the Device to another par- and you will not be charged any Termination Fee (as defined below).
ty. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call
forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax
or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or OWNERSHIP
modify your Service if We determine, in our sole and absolute discretion, that you have at any time used the
Service or the Device for any of the aforementioned or similar activities. The Customer acknowledges and accepts that it does not own or have any property rights in or any other
rights to any telephone numbers assigned to them, whether or not the telephone numbers are published
in any directory. Dandemutande may change a telephone number designated for the Customer if
Dandemutande has (a) reasonable grounds for changing it and gives the Customer reasonable advance
PAYMENT, LATE FEES AND OTHER CHARGES notice stating the reason for and the anticipated date of the change, or (b) in cases of emergency, given the
Customer verbal notice, followed by a written explanation as soon as is reasonably possible. Dandemutande
When you subscribe to our Service, you authorize us to collect from your payment method, including, if is not liable for any costs, damages or other amounts resulting from changes to telephone numbers.
applicable, Early Termination Fees, late fees, check return fees, recovery fees and any other outstanding
charges. This authorization will remain valid until 30 calendar days after you terminate our authority to TERMINATION OF SERVICE – PREPAID AND BUSINESS
charge your payment method.
You agree to pay all charges due and payable for the Services without counter-claim, set-off or deduction, To cancel or terminate the Company’s Prepaid or Business Service, you must contact our offices at
other than amounts reasonably disputed. Failure to pay in full may result in immediate suspension of servic- 1.800.961.6856 and provide written notice at least ten (10) days before the end of the monthly term in
es and Dandemutande shall have no liability for such suspension under any circumstances. During the period which the notice is given. If you DO NOT notify Us that you are porting (moving) your phone number to
of suspension, Services will be unavailable until the account balance is paid in full. a new phone company, Dandemutande will turn off your Phone service and terminate billing at the end of
the current billing term. If you DO notify Us that you are porting (moving) your phone number to a new
If you do not deliver full payment for all billed charges by the due date, Dandemutande may restrict, sus- phone company, Dandemutande will be required to leave your Phone Service active until you or your new
pend or terminate use of the Services. If Dandemutande restricts, suspends or terminates your Services, phone company notify Us that the port-away has completed. The phone service must remain active until
Dandemutande may, at its sole discretion, choose to restore the Services prior to the payment of all charges the port-away has occurred or your phone number may be lost. Once we’re notified that the port-away has
due. Such restoration shall not be construed as a waiver of Dandemutande’s right to receive full payment for completed, Dandemutande will turn off your Phone Service and terminate billing at the end of the current
all charges due or again restrict, suspend or terminate the Services at any time for non-payment of unpaid billing term.
charges. The failure of Dandemutande to restrict, suspend or terminate the Services for non-payment of any
charges shall not act as a waiver or estoppel to restrict, suspend or terminate Services of such account for If you are canceling Service it is your responsibility to notify Us if you have requested Dandemutande to
non-payment of current or future charges. port your number from another company and it has not yet completed the porting process. The Company
will attempt to cancel the porting of your number to Dandemutande once you’ve notified Us of your intent to
All prepaid fees and other payments by Subscriber are non-refundable and non-creditable. There are no cancel. If the porting has completed, it is your responsibility to notify your new phone provider to port your
pro-rated refunds for unused time. Unless otherwise stated in the Service agreement, Dandemutande will number from Us.
invoice and charge Customers monthly. Customers are responsible for paying monthly Service fees while
Services are suspended due to non-payment. In the event that an account is terminated for any reason with For Prepaid Services, We reserve the right to suspend or discontinue the Service generally, or to terminate
an outstanding balance, Dandemutande will continue to electronically charge any credit card on file for the your Service, at any time in Our sole and absolute discretion. If We discontinue the Service generally, or
outstanding balance until all balances are fully resolved. All disconnected accounts and all accounts sus- terminate your Service without a stated reason, you will only be responsible for charges accrued through the
pended for non-payment are subject to a twenty-five-dollar USD $ ……..reconnection fee. Any account date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated
which goes into collection status will be transferred to a collection agency and incur a USD $ ……. process- on account of your breach of any provision of this Agreement, you will be responsible for the full month’s
ing fee and all other applicable fees and charges. charges to the end of the current term, including, without limitation, unbilled charges, plus the termination
International calling is abled by default.. All International calls are billed at their respective international fee, if applicable, all of which will immediately become due and payable.
rates which are updated from time to time. Any and all call charges are rounded to the nearest whole pen-
ny. International calls will be charged at the start of the next month. Failure to pay will result in immediate For Business Services, We reserve the right to suspend or discontinue the Service generally, or to terminate
suspension of Service. or suspend your Service for failure to rectify a violation of the Service Agreement within 7 days after
receiving notice thereof from the Company. If We discontinue the Service generally, or terminate your
Service, you will only be responsible for charges accrued through the date of termination, including a pro-
rated portion of the final month’s charges. If your Service is terminated on account of your failure to correct
any breach of any provision of this Agreement, you will be responsible for charges to the end of the current
term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which
will immediately become due and payable. Service may be suspended by the Company without prior notice
if necessary to comply with applicable laws or to preserve the integrity of service to other Customers. If
service is suspended without prior notice, the Company will use reasonable efforts to notify Customer of the
suspensions and the reason for suspension within one (1) business hour of suspension.

SERVICE REQUIREMENTS AND AVAILABILITY

You must supply certain equipment and facilities, such as a phone handset or equivalent, installed phone or
network cabling and termination outlets, and a powered electrical outlet. You are responsible for supplying
and ensuring that the equipment you supply is compatible with the Service and meets federal and other
applicable standards. You represent that you either own your equipment or have the right to use that
equipment in connection with the Service. The Company shall have no obligation to provide, maintain,
support or service your equipment. If your Internet Access Service is terminated, suspended or disconnected
for any reason, the Service will not be available until you re-establish your Internet Access Service with your
Internet Service Provider.