1. Definitions and Interpretation

In this Agreement:

• Acceptable Use Policy means Jenny’s Acceptable Use Policy available on its website and subject to updates.
• Agreement means these Standard Terms and Conditions including quotes that form part of the associated connectivity Service(s).
• Confidential Information means all information designated as confidential that relates to the business affairs, networks, customers, products, services, developments, trade secrets, know-how and employees of the Parties (including the Customer’s Personal Information), or which may reasonably be regarded as proprietary and confidential.
• Customer means the party specified as Customer on the Application Form to which these Standard Terms and Conditions refer.
• Delivery of Service means the start of a connection for any particular Service where it becomes available for use by the Customer.
• Early Termination Fee means the applicable fee(s) resulting from early termination as provided for in clause 8.
• Effective Date means the date when the Service is commissioned by Jenny for the Customer’s use, regardless of actual use.
• Jenny means Jenny Internet Limitada, Company Number: 101212807.
• Legislation means statutes, rules and regulations applying to the country in which the Services are rendered.
• Service(s) means all services provided by Jenny to the Customer, including all software and equipment necessary for provision of the Services.
• Signup Form means the initial form detailing the Customer’s information and the particular contract.
• Term means the duration selected by the Customer in the Signup Form or as stipulated on an accepted quote.
• VAT means value-added tax as defined in the relevant tax legislation for the area of Service.

2. Effective Date and Duration

The Effective Date is the date on which the signatory takes Delivery of Service.

If the Effective Date occurs after signature, neither party may cancel before the Effective Date.

On upgrades, the Effective Date for the upgraded Service(s) is when the upgrade first commences.

The Term is as selected in the Signup Form or confirmed by quote. After the Term, the Agreement continues month-to-month unless agreed otherwise.

3. Charges and Payment

All Services are billed from the Effective Date. For Services comprising multiple components, billing starts per component when each is delivered and available.

The Customer agrees to pay all fees in Mozambique currency, without deduction or set-off. Prices include VAT unless otherwise stated.

Invoicing is processed and delivered 30 days in advance. Payment terms and amounts are determined by the Services chosen in the Signup Form.

Billing Dispute: Before the due date, the Customer must notify Jenny in writing with the disputed invoice date and number, amount in dispute, reason, and supporting documentation. The dispute will be referred to Jenny’s accounts department to report on usage and service periods to reasonably establish indebtedness.

Increases: Jenny may increase monthly fees on 30 days’ prior written notice, limited to one change per 12-month period unless required by law or national economic/technical requirements. Any increase must be reasonable and market-related.

4. Customer’s Obligations

• Comply strictly with relevant statutory restrictions on networks through which data is transmitted.
• Not commit acts or omissions that damage Jenny’s infrastructure, impair service provision, or constitute abuse or malicious misuse. Remediation costs may be charged to the Customer.
• Not modify any equipment (including router equipment) used to receive Services, including changing settings.
• Adhere to the Acceptable Use Policy at all times.
• Not withhold or defer payment, or claim reductions, due to a Jenny service interruption where Jenny is entitled to interrupt under this Agreement.
• Not use the Service in contravention of Mozambique law and keep informed of applicable law.
• Consumer Services Restriction: Wireless Home Services are intended for residential use only but may be business-paid. If used from a business premises, services will be suspended immediately; the Customer may transfer to a business services account or cancel at the end of the current billing cycle.

5. Warranties

Jenny undertakes to observe all relevant quality of service and experience standards in accordance with industry guidelines and regulations.

Except as expressly set out, Jenny makes no representations or warranties in respect of the Services; implied or residual warranties are excluded.

Without limitation, Jenny does not warrant that information transmitted or made available via the Services will be preserved in its entirety, delivered to all intended recipients, be suitable for any purpose, be free of inaccuracies, defects, bugs or viruses, or be secured against unauthorised intrusion.

6. Exclusion of Liability

Except as expressly provided otherwise, Jenny shall not be liable to the Customer or any third party for loss or damage of any nature (including consequential or incidental loss or damage such as loss of property, profit, business, goodwill, revenue, data or anticipated savings), or for any costs, claims or demands, arising directly or indirectly out of the Services, their use, access, withdrawal or suspension, or out of information or materials provided or not provided.

The Customer indemnifies Jenny against any third-party claim arising from access to or use of the Services or information obtained through them.

Maintenance, repair or improvement work may suspend Services from time to time. If suspension exceeds 48 consecutive hours, Jenny shall credit the Customer with a pro-rata portion of the basic monthly subscription for the month in which the suspension occurred.

Hosting Services: Upon receipt of a complaint from a governmental department or third party that the Customer’s website contains unlawful or defamatory content, Jenny may notify the Customer to remove such content within 24 hours. Failing removal, Jenny may remove the content or terminate hosting without constituting a breach.

7. Documentation

• Specifications, descriptive matter, drawings and other documents furnished by Jenny do not form part of this Agreement unless agreed in writing by both parties.
• Such documents remain Jenny’s property and are provided in trust for the Customer’s sole use.
• All copyright in such documents vests in Jenny and documents must be returned on demand.

8. Termination

Either party may terminate for any reason on 30 days’ prior written notice by certified mail, email, or another agreed method.

Upon termination, the Customer remains responsible for all outstanding fees and charges up to the effective termination date.

Fixed Term Contracts (excluding Standard Equipment Rental Agreements): If the Customer terminates before completion of the Term, an early cancellation fee of M6000.00 including VAT is payable within 30 days. This applies only if termination occurs before the end of the Term.

Standard Equipment Rental Contracts:

• Equipment Return: A 30-day grace period is afforded to return Jenny’s equipment. If collection is not possible due to lack of response or access, rental charges continue from the following month until equipment is returned in good working order (reasonable wear and tear expected).
• Equipment Removal: If the Customer removes the equipment, the Service Provider will transfer M150.00 via eWallet once received through a selected courier, regardless of account status. Alternatively, Jenny will collect and charge a collection fee.
• The Service Provider is not responsible for injuries, property damage, or other issues arising from the Customer’s actions in accessing, handling, or removing equipment.

9. Breach

Either party may terminate with immediate effect if the other breaches the Agreement and fails to remedy within 7 days of written notice, commits an act of insolvency, endeavours to compromise generally with creditors, prejudices the other party’s rights, allows any judgment to remain unsettled for more than 10 days, or is placed in liquidation or under judicial management (or, if an individual, is sequestrated or voluntarily surrenders estate).

Jenny may suspend or terminate Services, treat all outstanding amounts as immediately due for the unexpired period, cease performance until the breach is remedied, and/or cancel the Agreement, without prejudice to claim damages. The Customer is liable for collection and enforcement costs on an attorney-and-own-client scale.

If the Customer terminates early due to Jenny’s breach, the Early Termination Fee does not apply.

10. Intellectual Property

All Jenny intellectual property related to or used in connection with the Services belongs to Jenny. The Customer has no right, title or interest in such IP and may not reverse engineer, decompile, modify or tamper with Jenny’s or third-party suppliers’ equipment or software. Jenny has no right, title or interest in Customer IP or IP to which the Customer has lawful entitlement.

The Customer warrants it will not use the Services to produce, host or present content that infringes any person’s IP rights and warrants it has all necessary permissions for any third-party IP.

11. Confidentiality

Each party will keep Confidential Information in confidence, use it only to exercise rights and perform obligations under this Agreement, disclose it only with prior written consent or to Authorised Parties on a need-to-know basis under similar confidentiality obligations, and ensure such parties comply.

Non-disclosure does not apply to information that is public, independently developed, or disclosed under consent or legal obligation. This section survives termination. No title to any IP contained in Proprietary Information transfers.

12. Cession

Customers may not cede or assign rights or obligations under this Agreement to any third party without Jenny’s written consent.

13. Force Majeure

Jenny is not liable for non-performance caused by events beyond reasonable control, including fire, flood, lightning, explosion, power outages, war, terrorism, strike, embargo, governmental requirement, civil or military authority, epidemic, pandemic, quarantine, changes to laws or regulations, inability to secure materials or services, industrial disputes, and acts or omissions of third-party telecoms providers.

14. Governing Law and Jurisdiction

This Agreement is governed by the laws of Mozambique. Disputes will be determined by a Mozambique court having jurisdiction.

15. Chosen Address for delivery of Notices

The Customer’s address for notices is the address on the application form to which these Standard Terms and Conditions are attached.

Jenny’s official address for delivery of notices is Polana Cimento, Av. Julius Nyerere n53, 1 andar, Maputo, Mozambique. Either party may vary its domicilium on 10 days’ notice.

Notices must be in writing and may be given by email, certified mail, or by hand to the designated address or recipient.

16. General

• No variation, amendment or consensual cancellation is binding unless recorded in a written document signed by duly authorised representatives of both parties.
• The parties acknowledge they are not entering into this Agreement on the basis of representations not expressly set forth herein and are not bound by any unrecorded term or promise.
• No extension, waiver or relaxation operates as an estoppel or precludes either party from later exercising its rights strictly in accordance with this Agreement.
• If any provision conflicts with statute, ruling or order, that law controls.
• If any term is invalid, unlawful or unenforceable, it is severable and the remaining terms continue.
• Provisions intended to survive continue after expiration or termination.
• The Service is subject to all relevant electronic communications and e-commerce legislation and acceptable use policies of any other service providers or network operators for whom Jenny may provide services.
• Jenny may limit payment methods by service or product type.
• If the Customer fails to pay in full, the Customer is liable for collection, tracing and/or legal fees and Services may be suspended.
• Jenny may verify Customer profile information and furnish information to credit bureaus or banks to meet compliance requirements.
• All links provided by Jenny to different pages or sites remain part of these Terms & Conditions.
• By purchasing this service you agree to our Acceptable Use Policy.

Incident Reporting

Any complaints (other than copyright or trademark claims) regarding violations of the Acceptable Use Policy by Jenny Internet, the Customer, or its users should be directed to +258 20 611 811 with sufficient detail to assist investigation and resolution.

http://www.jenny.co.mz/en/legal