TERMS & CONDITIONS

Acceptable Use Policy (AUP)

  1. The purpose of this policy is to guide customers of our services and resources which activities and behaviors are not considered acceptable use of the services; to protect the integrity, security, reliability and privacy of Paratus’ network, infrastructure, data and operations; to ensure the quality of our service delivery to customers; and to provide for sanctions and consequences that may follow from undertaking any prohibited activities.
  2. Customers are solely responsible for the content and messages that they access, post, distribute or otherwise make available using the Paratus Services.
  3. Any indirect or attempted violation of the AUP by or on behalf of the customer, the customer’s end user or the customer’s family member (as may be appropriate and relevant to the service), and any actual or attempted violation by a third party on behalf of the customer, the customer’s end user or the customer’s family member, shall be considered a violation of the AUP by that customer.
  4. Paratus respects the rights of our customers to freedom of speech and expression, access to information, privacy, human dignity, religion, belief and opinion in accordance with the Zamibian Constitution.
  5. Paratus undertakes not to interfere with any of those rights unless required to do so by law; unless those rights are exercised for unlawful purposes; or unless the exercise of those rights threatens to cause harm to another person or affect the integrity of Paratus’ Services.
  6. The customer acknowledges that Paratus has no responsibility for any material, content or information created, stored, maintained, transmitted, or accessible on or through the Services and is not obligated to monitor or exercise any editorial control over such material.
  7. Paratus does not automatically or intentionally moderate or inspect any of the services, the use of the services or such material, content or information.
  8. Paratus does not undertake any responsibility for any breaches to the customer’s right to privacy that may be experienced as a result of accessing third-party content, the public internet, or such material, content or information as referenced herein.
  9. All risk associated with the access to, use of, or reliance on, such material, content or information referenced herein, rests solely with the customer.
  10. While not obligated to perform investigations, in accordance with the terms of the policy, Paratus will take all necessary actions against any contraventions in order to protect the integrity of any of Paratus’ services.
  11. As Paratus’ services may be used to link into other networks and systems anywhere in the world, the customer agrees to conform to and be bound by any policies of such other networks or systems.
  12. The customer is responsible for all their actions and consequences during and following the use of the services.
  13. The customer is responsible for any actions and consequences that occurs through the customer’s account to the services and should ensure that no third party is allowed access to or use of their account.
  14. The customer is responsible for their email responses and behavior, and any resulting consequences.
  15. The customer is responsible for any actions or consequences that result from access to their account or the services by a minor, including any misuse by the minor or the consequences of any transactions entered by the minor.
  16. The customer is responsible for any transactions or dealings that they may engage in by using the services to gain access to third parties, over the Internet or any other network, whether such access is intentional or otherwise.
  17. The customer is responsible for any charges or fees arising from transactions initiated while using the services.
  18. The customer is obliged to ensure compliance with all customs and exchange control legislation applicable to all electronic transactions.
  19. Paratus’ Services may only be used for lawful purposes and activities.
  20. Paratus prohibits the use of its Services including the transmission, storage and distribution of any material or content that violates any law of the Republic of Zamibia.
  21. Such prohibited use includes, but is not limited to:
  22. The creation and transmission of offensive, obscene or indecent images or documents.
  23. The violation of domestic or international laws that prohibit any of the acts stated above including child pornography, bestiality, pornography that sexualizes rape and/or violence, hate speech and discrimination based on race, gender or religion.
  24. Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in Zamibia or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material;
  25. Any violation of intellectual property laws, copyright, trademark and/or trade secrets.
  26. Any unlawful use of any multimedia content accessed through the search facility provided by Paratus’ network, or otherwise available through access to Paratus’ network, whether for commercial or non-commercial purposes.
  27. Any violation of an individual’s right to privacy, including any effort to collect personal data of third parties without their consent.
  28. Any fraudulent activities whatsoever, including illegal financial schemes and practices as well as any impersonation of any other person without their consent; or any attempt to enter a transaction with Paratus on behalf of another subscriber without their consent.
  29. Any activity that results in the sale, advertisement, transmission, facilitation or distribution of illegal, counterfeit, pirated or regulated goods or services; regulated goods and services may include alcohol, gambling, pharmaceuticals, unapproved supplements, tobacco, fireworks, weapons, or health/medical devices;
  30. Sending spam email, messages, posts or content. This may include unwanted promotional or commercial content, unwanted content that is created by an automated program, unwanted repetitive content, nonsensical content, or anything that appears to be a mass solicitation.
  31. Failing to respond to a request by a recipient of unsolicited mail to be removed from any mailing or direct marketing list and continuing to send unsolicited mail following such a request for removal.
  32. Engaging in actions intended to bypass or subvert any Service’s policies, access controls, or restrictions.
  33. Impersonating any person or organization or misrepresent yourself. This includes impersonating any person or organization you don’t represent; or providing misleading information about a user/site’s identity, qualifications, ownership, purpose, products, services, or business.
  34. Transmitting malware or any malicious content that harms or interferes with the operation of networks, servers, end user devices, or other infrastructure. This includes the direct hosting, embedding, or transmission of malware, viruses, destructive code, or other harmful or unwanted software or similar content. This also includes content that transmits viruses, causes pop-ups, attempts to install software without the user’s consent, or otherwise impacts users with malicious code.
  35. Storing or distributing other people’s personal or confidential information without authorization. This may include the use of sensitive information, such as identification numbers, bank account numbers, credit card numbers, images of signatures, and personal documents.
  36. Phishing or social engineering practices. This includes soliciting or collecting sensitive data such as passwords, financial details, and identification numbers.
  37. Abusing any Services to attempt to do harm, degrade, or negatively affect the operation of Paratus Services or that of others. This includes degrading, disabling, or negatively interfering with any aspect of the product, its services or its operational capabilities.

Contravention and Enforcement

In the event of a violation of the AUP, Paratus shall be entitled to invoke any of the following measures at their sole and final discretion:

  1. In the case of individual persons, issue written or verbal warnings; suspend the Customer’s account or the Customer’s entire network and/or revoke or cancel the Customer’s network access privileges completely.
  2. Charge the offending parties for time, material and administrative costs due to the incident.
  3. In severe cases, suspend access of the Customer’s entire network to the Services until the abuse can be prevented by appropriate means
  4. Assist other networks or service providers in investigating credible suspicions of any prohibited activity listed.
  5. Take any action as may be necessary to protect the integrity of the Services, including, but not limited to, system monitoring, protocol management, traffic engineering and shutting off or disabling access to the Services.
  6. Implement technical mechanisms in order to prevent usage patterns that violate this policy.
  7. Share information concerning the incident with other service providers, or publish the information, and/or make available the Customer’s details to duly authorized law enforcement agencies.
  8. Institute civil or criminal proceedings

Standard Contractual Terms and Conditions

Please read these terms carefully. By using this Site and the related services you unconditionally agree to be bound by these terms, including all exclusions and limitations from liability herein.

  1. A customer is defined as any party that agrees to consume one or more services from Paratus and is required to comply with these terms and conditions, all Paratus policies and any other specific terms as a condition of receiving, accessing and/or consuming such services.
  2. Availability - We frequently update our offerings of products and services included in our overall Services. The Services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and advertising on other websites. Accordingly, we can not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and correct errors, inaccuracies, or omissions without prior notice.
  3. Uptime - While we aim to provide 98% uptime for all services available on this website, services are provided as is without any SLA attached, we will however utilize our best and most reasonable efforts to achieve this level of uptime or higher. Should you prefer or require a SLA guarantee please get in touch with our sales team at sales.zm (at) paratus.africa for a custom solution.
  4. Support - Our support department can be reached via this website support ticket system. We do not offer managed services, and our support team work to address only hardware and network-related matters. If you wish to order a specific SLA through us, then our team will address your technical questions related to the SLA. To contact our support department by email, you may fill in the contact form on our Website or email support.zm (at) paratus.africa. You can reach us 24 hours per day, 7 days a week, 365 days a year.
  5. Pricing is based on the contract periods stipulated in the agreement.
  6. Upon subscribing to any of the Paratus services, the customer agrees that Paratus may conduct ITC background checks with relevant financial screening agencies prior to approving any customer’s account application.
  7. Customers will indemnify Paratus for the suspension of services due to force majeure (circumstances outside Paratus control).
  8. In the event that the customer fails to pay for any of the Post-Paid services, Paratus reserves the right to suspend the customer’s services until such time as payment is received. Should payment not be received from the customer for any outstanding services, the customer agrees that Paratus may prohibit the customer from being offered any future, additional or value-added services by Paratus. Paratus reserves the right to institute legal proceedings against the customer for non-payment.
  9. Paratus can change the prices of any services alter or introduce new terms and conditions.
  10. Should Paratus institute legal proceedings against a customer for non-payment, all costs and disbursements, including legal costs on an attorney and own client scale, incurred by Paratus in collecting or endeavouring to collect all or any amounts payable by the customer or otherwise and all collection commissions and all other charges of a like nature are payable by the customer to Paratus on demand.
  11. By visiting this site, the customer consents to the jurisdiction of the Magistrates’ Court, having jurisdiction over the person in respect of any action by Paratus arising from the contract so signed or cancellation thereof.
  12. Any translations of our policies and terms are provided for convenience only and if there is a conflict between a translation and the text of the English language version, the text of the English language version will take precedence.
  13. By accessing our website, or by contracting with Paratus for a service, the customer agrees, without limitation or qualification, to be bound by the policies and terms on the website, as well as any other additional terms, conditions, rules or policies which are displayed in connection with the services.
  14. Paratus has the right to monitor the use of its services and through its policies reserves the right to block or limit access to its services by any customer, person or entity that may violate, contravene or abuse the conditions of these terms.
  15. In the event that the site is down, the terms and conditions are available at our head office. This site is provided for convenience, and we are not liable for its unavailability.
  16. The customer indemnifies Paratus and its directors, officers, employees and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to unlawful or prohibited use of the services or violation of these terms.
  17. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs and legal fees.
  18. Furthermore, Paratus won’t be responsible for loss of profits, revenues, business opportunities, goodwill or anticipated savings; indirect or consequential loss; or punitive damages.

Reservation and Non-Waiver of Rights

  1. Paratus reserves the right to add, delete or modify its policies and terms at any time, without notification to customers, effective upon posting a revised version thereof on Paratus’ website.
  2. Paratus reserves the right to take action against any individuals, entity or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing Paratus’ services, to the fullest extent of the law.
  3. Paratus reserves the right to act against any other abuse that is not specifically stated in this policy, but which may amount to an illegal act being committed on, using or against Paratus’ services.
  4. In order to protect the integrity and safety of its network, Paratus reserves the right to suspend, revoke or terminate a customer’s access to the services, where such use contravenes this policy.
  5. Paratus reserves the right to suspend, revoke or cancel Paratus’ services to the customer if the safety and integrity of Paratus’ Services are placed at risk.
  6. Paratus reserves the right to remove any information or materials in whole or in part that, in Paratus’ sole discretion, are deemed to be offensive, indecent, or otherwise objectionable.
  7. Paratus does not undertake or guarantee the security of any data passing through its networks unless provided for by specific terms attached to a service.
  8. Paratus does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Paratus fail, neglect or elect not to enforce a breach of the AUP at any time.

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