This Agreement is an agreement between Netcom Zimbabwe. ("us," "we," or "Netcom Zimbabwe") and you ("Subscriber" or "you" and "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Netcom Zimbabwe and through the Netcom Zimbabwe website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.

We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the Netcom Zimbabwe website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.

1. Policies.

Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, if applicable, you are also agreeing to the terms of the following policies and agreements.

Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.

1. Privacy Policy
2. Acceptable Use Policy
3. Domain Name Dispute Policy
4. Copyright Claims Policy
5. Data Request Policy
6. Anti Spam Policy
7. Ownership Dispute/Change Policy
8. Domain Registration Agreement

2. Eligibility; Registration and Account Security.

1. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
2. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Netcom Zimbabwe, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
3. You acknowledge and accept that despite the security measures Netcom Zimbabwe takes in connection with the Services, Netcom Zimbabwe's system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Netcom Zimbabwe may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Netcom Zimbabwe shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites.
4. Dedicated Servers. Netcom Zimbabwe reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Netcom Zimbabwe reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.

3. Netcom Zimbabwe Content

Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Netcom Zimbabwe Content"), are the property of Netcom Zimbabwe or its licensors. No Netcom Zimbabwe Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Netcom Zimbabwe Content. Any use of the Netcom Zimbabwe Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Netcom Zimbabwe Content granted herein. All rights of Netcom Zimbabwe or its licensors that are not expressly granted in this Agreement are reserved to Netcom Zimbabwe and its licensors.

4. Subscriber Content.

1. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, "Subscriber Content"). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services ("Subscriber Websites"). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Netcom Zimbabwe that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party
2. You acknowledge and agree that Netcom Zimbabwe may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in Netcom Zimbabwe's sole discretion, including without limitation i removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Netcom Zimbabwe shall have no liability due to any corrective action that Netcom Zimbabwe may take, including without limitation suspension or termination of Services.
3. You hereby grant to Netcom Zimbabwe, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, Netcom Zimbabwe is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.

5. Additional User Responsibilities.

1. You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and privacy policy for the Subscriber Website.
2. You will cooperate fully with Netcom Zimbabwe in connection with Netcom Zimbabwe's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for Netcom Zimbabwe's performance of its obligations that depend on your performance.
3. You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Netcom Zimbabwe to provide the Services, which hardware and software may be changed by Netcom Zimbabwe from time to time in its sole discretion.
4. You will be solely responsible for backing-up all Subscriber Content, including any Subscriber Websites off of Netcom Zimbabwe's servers. This is an affirmative duty. Netcom Zimbabwe is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
5. You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
6. You will not use the Services in any manner, as determined by Netcom Zimbabwe in its sole discretion, that:
   1. Engages in or promotes illegal activity;
   2. Engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;
   3. Infringes the intellectual property rights or other proprietary rights of any third party;
   4. Violates the privacy rights or publicity rights of any third party;
   5. Interferes with the operation of the Services; or
   6. Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.

6. Third Party Websites

The Services may contain links to other websites that are not owned or controlled by Netcom Zimbabwe ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.

1. The Services

1. Netcom Zimbabwe shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services, however the delivery of SMS messages is largely dependent on the effective functioning of Network Operators' cellular networks, network coverage and the SMS recipient's mobile handset. Netcom Zimbabwe does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any particular mobile handsets or mobile operating systems.
2. Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event Netcom Zimbabwe shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice.
3. Netcom Zimbabwe shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.
4. Messages shall be deemed to have been delivered when Netcom Zimbabwe has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks, SMTP or other servers.
5. Netcom Zimbabwe shall have the right to withhold, terminate or suspend the provision of Services to the User at any time. Where this Agreement or the provision of any Service is terminated by Netcom Zimbabwe for any reason other than breach by the User or discontinuance of a Service by a Network Operator, Netcom Zimbabwe shall refund all monies already paid in advance by the User for any unused terminated Service.
   Ordinary mobile terminated messaging services may be terminated by the User at any time. Incoming numbers, including long numbers, short codes and premium rated numbers must be leased for a minimum initial period of three months and thereafter one further months' notice must be given by the User in order to terminate the lease of any long numbers or short codes.

2. Acceptable Usage

1. Users acknowledge and understand that Netcom Zimbabwe acts as a conduit for the provision of information and content. Users acknowledge that Netcom Zimbabwe shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered. It shall be the sole responsibility of Users to familiarise themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
2. Users shall furthermore ensure that all messages, advertising, information and content produced or generated by a User for transmission or delivery by means of the Services shall comply with all laws and any relevant code of conduct to which Netcom Zimbabwe itself subscribes and is bound
3. Users shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by Netcom Zimbabwe or by the User of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which Netcom Zimbabwe shall be entitled to immediately suspend or terminate the provision of Services to the User and the User shall have no claim of any nature against Netcom Zimbabwe (including claims for re-imbursement, refund, compensation or damages). Users hereby indemnify Netcom Zimbabwe against any fine imposed on Netcom Zimbabwe or any damages suffered by Netcom Zimbabwe as a result of any act or omission of a User that amounts to a breach of any law or code of conduct to which Netcom Zimbabwe may be subject. Upon notification of any such fine or damages, Users agree to immediately pay the amount of such fine or damages to Netcom Zimbabwe. Any amount not paid to Netcom Zimbabwe within 24 hours of notification thereof shall accrue interest at the rate of 15,5% per annum.
4. Users may not use, or knowingly allow others to use, the Services for any purpose that may bring Netcom Zimbabwe's name into disrepute, or for any purpose that, in Netcom Zimbabwe's sole and absolute discretion, is improper, immoral or undesirable.
5. Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of Netcom Zimbabwe nor any Network Operator.
6. Users may not use the Services to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.
7. In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint being received by Netcom Zimbabwe in relation to a User, then the User hereby acknowledges and agrees that Netcom Zimbabwe may in its sole and unfettered discretion remove message recipient contact numbers from the database of a User and/or suspend or terminate Services to a User without prejudice to any other rights that it may have in law or in terms of these terms and conditions.
8. Users acknowledge and agree that all messages sent may be stored and can be audited and reviewed by Netcom Zimbabwe or any other person acting on behalf of Netcom Zimbabwe at any time to ensure compliance with these terms and conditions and any applicable law, regulations or code of conduct.

3. Registration and Security

1. To register to make use of the Services, a User must complete the registration process and must provide Netcom Zimbabwe with up to date, complete and accurate information as requested by Netcom Zimbabwe. Failure to provide accurate and complete information on registration may result in termination of the Services. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person. A User is entirely responsible for any and all activities that occur under its account and a User shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the User or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.
2. Users agree to notify Netcom Zimbabwe immediately of any unauthorized use of their account(s) or any other breach of security.
3. It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this Website or attempts to gain unauthorised access to any page on this Website shall be held criminally liable and in the event that Netcom Zimbabwe should suffer any damage or loss, civil damages will be claimed.
4. In the event that a User wishes to replace a person/employee using a specific Netcom Zimbabwe account of the User, and wishes to prevent the individual person from accessing the account, the account holder shall inform Netcom Zimbabwe in writing of this change and change all details on the account accordingly. Netcom Zimbabwe may refuse to act on the instructions of an account holder where the account holder fails to provide sufficient proof of its identity as the account holder and the authority of the person purporting to represent it in making such a request and Netcom Zimbabwe shall have no liability to the account holder or the individual person where it refuses to act in the absence of such proof, nor where it acts in good faith reliance of any information submitted to it in support of any such request made by any person purporting to represent the account holder, including in respect of any claims for breach of privacy, security or confidentiality.
5. In the event that a person wishes to lodge a complaint that a User has used the Services in any manner that infringes on the complainant's rights or the rights of another person, the complainant shall provide Netcom Zimbabwe with a written notice setting out:
   1. The full names and address of the complainant;
   2. The written or electronic signature of the complainant;
   3. Identification of the right that has allegedly been infringed or the law or code of conduct alleged to have been infringed;
   4. Identification of the material or activity that is claimed to be the subject of unlawful activity;
   5. The remedial action required to be taken by the service provider in respect of the complaint;
   6. Telephonic and electronic contact details, if any, of the complainant;
   7. A statement that the complainant is acting in good faith; and
   8. A statement by the complainant that the information in the complaint is to his or her knowledge true and correct and an indemnity by the complainant in favour of Netcom Zimbabwe for any misrepresentation of the facts or for wrongful suspension or termination of any Services by Netcom Zimbabwe in response to the complaint.
6. Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for any wrongful suspension or deactivation of services. Users acknowledge and agree that Netcom Zimbabwe shall not be liable to the User or any other person for damages or other liabilities resulting from wrongful suspension or deactivation of services in response to any such notification.
7. No Netcom Zimbabwe account may be is transferred from one person to another without the written consent of Netcom Zimbabwe. Where Netcom Zimbabwe consents thereto, the new person shall be responsible for updating all details on the account accordingly. If the Username is the former person's name or trademark, a new account must be opened.
8. In the event that a User forgets his or her password and/or his or her contact details used for password recovery has changed (e-mail address, mobile number) and he or she requests a password change, mobile number change or e-mail address change, Netcom Zimbabwe will call or e-mail the existing contact telephone number or email address on the account. The User agrees that if there is no response or no confirmation of the above request, the User may be required to re-register. The User further agrees that if any person responding to the above contact confirms the request, then the request may be effected and a new password issued to such person and the User agrees that Netcom Zimbabwe shall not be liable for any damages or breach of privacy, security or confidentiality resulting therefrom, including but not limited to where unauthorised persons have gained access to the Users email account or telephone.

4. Privacy

1. Netcom Zimbabwe will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User's Netcom Zimbabwe account, phonebook or MSISDN's, other than in the normal course of the use of the Services, without the User's prior permission unless Netcom Zimbabwe believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interest of Netcom Zimbabwe, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect Netcom Zimbabwe's business or reputation. The User agrees that Netcom Zimbabwe may access its account and message contents for the purposes described above without notice and in order to respond to service or technical issues and that Netcom Zimbabwe may communicate with the User from time to time for purposes including, but not limited to, communicating information regarding any updates, upgrades, notices, or other information.
2. A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.
3. Users agree that Netcom Zimbabwe may make use of website visitor and non-identifiable account usage data for statistical and analytical purposes. In providing its services, Netcom Zimbabwe has implemented Google Analytics services for its audience reporting and remarketing features. When making use of these services, Netcom Zimbabwe does not process or share any data that allows any third party to identify any individual persons. In accepting these terms services, a user agrees that Netcom Zimbabwe may use and share de-personalised data for the analytics purposes set out above.
4. Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the End User or where specifically required or permitted by law to do so.

5. Payment, Prices and Refunds

1. Netcom Zimbabwe neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While Netcom Zimbabwe makes every effort to deliver messages promptly.
2. Netcom Zimbabwe does not refund the credits for undeliverable SMS messages to you because we cannot guarantee delivery of the SMS messages to recipients due to possible errors. Netcom Zimbabwe debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if investigation by Netcom Zimbabwe has produced evidence of a technical problem or error.
3. The SMS account balance is non-refundable and does not bear interest. All the SMS must be used in the validity period from the date of the purchase (30 Days) and no carry forward of the credits will be made unless otherwise defined in a separate contract.
4. Users are required to purchase credits which shall reduce for each message sent. The number of credits used per individual message depends on the message destination, the messaging route used, and Network Operator charges. The number of credits used per message is subject to change from time to time without prior notice and shall be indicated on the Website. Unless expressly indicated to the contrary in writing, the cost of a credit is inclusive of Netcom Zimbabwe database hosting, User support and message handling costs.
   Netcom Zimbabwe charges are located online at www.Netcom Zimbabwe.com/pricing/ and may be provided as a schedule to any other format of these terms and conditions. Network Operator's charges for use of their networks and for SMS services may differ in respect of individual Network Operators and may be varied by Network Operators from time to time and without prior notice to Netcom Zimbabwe or its Users. Netcom Zimbabwe may vary its charges for SMS messages from time to time and without prior notice to Users. In the event that a Network Operator introduces reciprocal charges, Netcom Zimbabwe retains the right to increase the number of credits needed per message, for that specific network.
5. Cooling-off periods: Netcom Zimbabwe shall comply with any cooling off periods prescribed by law subject to any reasonable cancellation fees that may be imposed.
6. Without prejudice to any other right that it may have in law, Netcom Zimbabwe shall have the right to suspend or disable the operation of any User account and the provision of services to any User where payment of all charges have not been made in full by the due date, or where Netcom Zimbabwe reasonably suspects that payment has been made or effected by fraudulent means.

6. User Warranties and User Obligations

1. Users warrant that:
   1. recipients of any commercial messages have a recent prior commercial relationship with the User and would reasonably expect to receive marketing communications from the originator and/or recipients have either requested the receipt of messages from the User or consented thereto;
   2. they shall comply with all applicable laws, regulations, Network Operator requirements or applicable codes of conduct which may be applicable in their jurisdiction and the jurisdiction of all persons to whom they cause messages to be delivered;
   3. they shall include their own contact details and identifying particulars in their messages to ensure that complaints are directed at them and not at the Network Operator;
   4. they shall not send unlawful, abusive, harassing, threatening or obscene messages to any End User or any other person or persons, including both natural and juristic entities; and
   5. they shall not engage in any fraudulent act by means of or in connection with any of the Services nor in connection with payment therefor.
2. Any subscription service for which an End User is debited or billed on a repeated basis without expressly confirming each individual transaction, individual programme or application administered by a User to an End User must be offered on an "opt-in basis." In addition, each User must also offer a convenient, easy-to-use and conspicuous method for an End User to opt-out from any subscription service, individual programme or application.

7. Breach

1. Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to Netcom Zimbabwe then, without prejudice to any of its legal rights, Netcom Zimbabwe shall be entitled to, amongst other things, to cancel its agreement with the User, to suspend or terminate the provision of services to the User, to suspend, disable or terminate the User's account/s, to sue for specific performance by the User, to claim damages and/or to retain any monies already paid by the User in respect of services not utilised by it as damages resulting from such breach and to set off any claims that Netcom Zimbabwe may have against the User from any other amounts due to the User by Netcom Zimbabwe.
2. Where a User account is suspended or terminated due to any breach of these terms and conditions, Netcom Zimbabwe reserves the right to also suspend or terminate all other accounts registered by, or on behalf of such User, as well as suspend or terminate any account registered by any other person or persons whom Netcom Zimbabwe, in its sole and unfettered discretion, believes is affiliated with the User concerned.

8. Limitation of Liability, Warranties and Indemnities

1. THE USER HEREBY INDEMNIFIES AND HOLDS Netcom Zimbabwe HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS.
2. Netcom Zimbabwe SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES OR ANY CONTENT PROVIDED FROM AND THROUGH THE WEBSITE.
3. Furthermore, Netcom Zimbabwe makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
4. These terms and conditions together with any other contractual documents expressly referenced in these terms and conditions contain all of the terms of agreement between the User and Netcom Zimbabwe.
5. The Website and the Services are supplied on an "as is" basis and are not supplied to meet the User's individual requirements. To the fullest extent permitted by law, Netcom Zimbabwe disclaims all representations and warranties relating to the Services (whether express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose). It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with Netcom Zimbabwe that the Services and the Website will meet the User's individual requirements and be compatible with the User's hardware and/or software and message recipient handsets and devices.
6. Users agree to hold Netcom Zimbabwe harmless and indemnify Netcom Zimbabwe fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the aforegoing result from Netcom Zimbabwe's own gross negligence or fraudulent acts or omissions.
7. Users indemnify and hold Netcom Zimbabwe harmless against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the User that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.
8. In the event of any litigation between Netcom Zimbabwe and the User, the successful party shall be entitled to recover their reasonable legal costs incurred by it in enforcing its rights on an attorney and client scale.
9. Users further indemnify and hold Netcom Zimbabwe harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorised use of the User's Username and password or loss thereof.
10. Without derogating from the aforegoing, in no event shall Netcom Zimbabwe be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use or unauthorised use of the Website or the Services, whether such damages arise in contract, delicit, under statute, in equity, at law or otherwise.
11. Notwithstanding the aforegoing provisions and without derogating therefrom or limiting their application in any way, in the event that a User has a valid claim against Netcom Zimbabwe arising from any Services provided under these terms and conditions then the User's claim shall be limited to payment of an amount equal to the amount paid for the Services that are the subject of the claim in the month prior to any such claim arising.

9. General

1. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these terms and conditions is found to be unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

1. OUR FEES AND DEPOSITS

1. A 50% deposit (unless otherwise stated in your quotation) of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% (or amount) shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
2. The deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

2. SUPPLY OF MATERIALS

1. You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
2. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

3. PROJECT DELAYS AND CLIENT LIABILITY

1. Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

4. REJECTED WORK

1. If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work

5. SEARCH ENGINES

1. We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

6. CROSS BROWSER COMPATIBILITY

1. By using current versions of well supported content management systems such as “Joomla”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.