DEFINITIONS A

"Plans" means proposals for offering the various services to be provided by CyberZOL.

B . "Customer" an end user who is utilizing services provided by CYBERZOL.

C . "ICANN". Internet Corporation for Assigned Name and Numbers. D .

"ZISPA" Zimbabwe Internet Services Provider Association.

2. PRICES

All prices for plans provided by CYBERZOL to customer are in Zimbabwean dollars, unless otherwise stated or as may otherwise be agreed by both parties

3. ORDER ACCEPTANCE, PAYMENT 3.1. Order Acceptance All orders are subject to acceptance by CYBERZOL. An order will be Deemed accepted by CYBERZOL when written confirmation of the order is sent to Customer.

3.2. Payment and Terms: Payment shall be made in Zimbabwe dollars, or as may otherwise be agreed by both parties. Payments are due on or before account activation and before any renewals are done. If due to bank charges, transfer fees, or the like, CYBERZOL should receive less than CYBERZOL invoice amount, CYBERZOL will re-invoice the customer for the shortfall. In the event that any amount remains unpaid fifteen (15) days after delivery and receipt of invoice, CYBERZOL may discontinue, withhold, or suspend services to Customer (s) to whom such unpaid amounts relate.

4. DOMAIN NAME SERVICES

4.1 CYBERZOL will acquire, on request, an Internet Domain Name on behalf of the Customer. Payment for this service shall be in accordance with section.

4.2 Customer acknowledges that ICANN, ZISPA or any other Internet Domain name services authority may establish guidelines, limits, policies and/or requirements, and customer shall be bound by these.

4.3 Customer acknowledges that wilfully providing inaccurate information or wilfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration.

4.4 If Customer has requested that a domain transfer to or from CYBERZOL, the following terms shall; In making the transfer request, Customer represents and warrants that:

1. Customer is the rightful holder of the registration for the domain name(s) that Customer seeks to transfer.

2. Customer is not in default with respect to any obligations that Customer owes to the current registrar of record. 3.

The domain name(s) are not currently the subject of any dispute or collection effort, including any attachment, levy, or other proceedings.

4. Customer is authorized to request the transfer and to enter into this Agreement.

5. More than 60 days have passed since the domain name(s) was registered, transferred to a new registrar, or renewed. CUSTOMER MAY NOT TRANSFER A DOMAIN NAME TO A NEW REGISTRAR WITHIN 60 DAYS OF INITIAL REGISTRATION, OR ANY SUBSEQUENT TRANSFER OR RENEWAL.

6. Customer agrees that neither CYBERZOL nor CYBERZOL hosting or registrar providers will have any responsibility for any obligations that Customer may owe to the current registrar of record for the domain name(s)

7. Customer seeks to transfer. CYBERZOL will treat Customer's transfer request to CYBERZOL as an initial domain name registration, and shall be charged accordingly. If CYBERZOL is required to transfer a domain name(s) for a; the customer shall be charged a transfer fee per domain transferred.

4.5. Customer consents to CYBERZOL's activation ("parking") of the registered domain name on a "Welcome Page" containing a notice indicated the domain is reserved. Such "Welcome Page" indicates that CYBERZOL registered the domain name, and links to CYBERZOL's website. This "Welcome Page" may be replaced by the Customer when the Customer contracts for Web hosting and posts Customer's own content.

5. HOSTING TERMS OF SERVICE 5.1 Server Set-Up and Updating: CYBERZOL will initially configure the web server and the hosting account for use. After the hosting account is configured, Customer will be solely responsible for all account content management.

5.2 Services Uptime: CYBERZOL guarantees 99.99 % Uptime for all its services. This does not include loss of uptime due to unavailability of service providers servicing CYBERZOL or the client, such as bandwidth providers.

5.3 Maintenance Services: CYBERZOL will perform maintenance services as CYBERZOL determines reasonably necessary to maintain the continuous operation of the hosting account. Customer acknowledges such maintenance may require Web server and hosting account downtime, and such downtime will not count against any uptime guarantees. CYBERZOL will attempt to provide prior notice of maintenance downtime except when circumstances beyond CYBERZOL's control limit CYBERZOL's ability to do so.

5.4 Account Usage: Customer shall not use bandwidth or disk usage in excess of the monthly amount ordered. Customer acknowledges any violation of this policy may result in corrective action by CYBERZOL, in CYBERZOL sole discretion, including assessment of additional charges or disconnection or discontinuance of any and all Services to Customer. In the event that CYBERZOL decides to take corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action.

5.5 Customer shall be solely responsible for the accuracy and appropriateness of content and materials appearing within the Web site or rrelated to Customer's products. 5.6 IP Address Ownership: CYBERZOL and/or CYBERZOL's service providers shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by CYBERZOL.

6. RULES AND REGULATIONS CYBERZOL may impose reasonable rules and regulations regarding the use of CYBERZOL services from time to time. CYBERZOL may suspend a service for a customer in arrears for 15 days before terminating the agreement. This does not override section 9.

7. LIMITATION OF CYBERZOL's OBLIGATIONS AND LIABILITY

7.1. CYBERZOL will utilize its best efforts to maintain acceptable performance of contracted for services, but CYBERZOL cannot guarantee integrity of data stored or transmitted via CYBERZOL system or via the Internet . CYBERZOL will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on CYBERZOL system. CYBERZOL shall not be liable to Customer or any of CYBERZOL customers for any claims or damages which may be suffered by Customer or CYBERZOL customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, cacaused by, or resulting from, delays, non deliveries, or service interruptions whether or not cacaused by the fault or negligence of CYBERZOL.

7.2. Services provided by CYBERZOL to Customer shall be deemed accepted for all purposes 10 business days after activation or renewal for such services, if no written claim or objection regarding such services has been received by CYBERZOL within the 10-day period. No claim related to such accepted services shall be raised.

7.3. CYBERZOL's liability to Customer, and any end user of any Plan or other CYBERZOL services, is limited to the amount paid to and received by CYBERZOL for services not accepted. In no event shall CYBERZOL be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however cacaused, whether for breach of contract, negligence or otherwise, even if CYBERZOL has been advised of the possibility of such damage.

7.4. Customer will take all necessary measures to preclude CYBERZOL from being made a party to any lawsuit or claim regarding CYBERZOL services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless CYBERZOL from any and all claims of whatever nature brought by any of Customer's users against CYBERZOL in excess of the remedy set forth in paragraph 8(D).

7.5. Where data backup and restoration services are a part of CYBERZOL's provisioning of a service, such services are not intended to be a comprehensive disaster recovery solution, and CYBERZOL or CYBERZOL hosting partners will not be liable for data loss, or for damage to servers or other equipment.

8.DISPUTES

8.1 If any dispute or difference arises between Customer and CYBERZOL in connection with this agreement, such dispute shall be settled by an amicacable effort on the part of both Parties to the agreement. If an amicacable settlement has failed, the dispute shall be referred to arbitration.

8.2 The arbitrator shall be appointed by the Parties or, failing such agreement, and within fourteen (14) days of notifying the Director for the time being of the Commercial Arbitration Centre in Harare, cause such Director, or a person nominated by him, to appoint the arbitrator. The arbitration shall take place at Harare and shall be held in a summary manner without reference to strict rules of procedure in order that the matter may be resolved promptly and simply in a commercial manner.

8.3 The decision of the arbitrator shall be final and binding upon both parties.

9.TERM, TERMINATION:

This agreement shall run in accordance with the term of the initial order. It shall be automatically renewed on a regular basis in accordance with the term of the initial order or subsequent change to that term unless terminated in one of the following ways:

9.1. By customer, by notifying CYBERZOL in writing fifteen ( 15 ) days or more before the renewal of a billing cycle .

9.2. By CYBERZOL, upon thirty (30) days' written notice, if Customer breaches any material and substantial provision of this agreement and has not cured by the end of the 30 days.

9.3. By CYBERZOL, immediately upon giving written notice to Customer, in the event that · a. Any bank draft or check delivered by Customer to CYBERZOL in payment for Products is returned unpaid and Customer fails to remedy such non-payment within five (5) business days; · b. Customer becomes more than thirty (30) days in arrears in payment of CYBERZOL account with CYBERZOL; · c. There are instituted bankruptcy or insolvency proceedings aagainst Customer, which are not vacacated within thirty (30) days from the date of filing; · d. Customer institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency; or · e. Customer makes an assignment of all or part of CYBERZOL assets for the benefit of creditors.

9.4. By CYBERZOL immediately, if Customer attempts to assign all or any part of this Agreement without CYBERZOL's prior written approval;

9.5. By CYBERZOL immediately, if Customer fails to inform CYBERZOL in writing immediately on the happening of any event specified in this section;

9.6. By Customer, immediately upon giving written notice to CYBERZOL, if · a. There are instituted bankruptcy or insolvency proceedings against CYBERZOL, which are not vacated within sixty (60) days from the date of filing; · b. CYBERZOL institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency; · c. CYBERZOL makes an assignment of all or part of CYBERZOL assets for the benefit of creditors; or · d. CYBERZOL fails to inform Customer in writing immediately on the happening of any event specified in this section.

10 . NONASSIGNABILITY

Customer's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of CYBERZOL , which consent shall not be unreasonably refused.

11 . PARTIAL INVALIDITY

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. CA CYBERZOL and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

12 . APPLICABLE LAW, JURISDICTIONAL MATTERS

This agreement takes effect when accepted by CA CYBERZOL in Harare , Zimbabwe . It is to be governed by and construed under the laws of the Government of Zimbabwe

13. NOTICES

Except with respect to service of process as set forth in paragraph 9, all notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.

14.ENTIRE AGREEMENT; MODIFICATIONS

This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. CYBERZOL may make changes to this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of CYBERZOL services by Customer and/or CYBERZOL Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the written consent of both parties.

15. ACCEPTANCE OF SERVICES ACCEPTANCE OF THIS AGREEMENT BY CYBERZOL MAY BE SUBJECT, IN CA CYBERZOL 'S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE CYBERZOL 'S ACCEPTANCE OF THIS AGREEMENT. USE OF CYBERZOL 'S SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT.

If you agree with our terms of service and policies, click here to access the application form. Application form