Unless otherwise determined by the context, the following words will bear the meanings assigned to them hereunder –
Term of Service. Your Agreement begins on the day you have accepted the installation Estimate or the quotation we have sent you. This acceptance should be communicated by writing through e-mail. Upon receiving your written acceptance, you will be given a customer account and this is valid through the Term of Service, typically a 12 month period ("Service Commitment"), specified on your Service Schedule Summary. At the end of your Service Commitment, this Agreement shall auto-renew for another year unless you send a written notice of termination not later than 15 days before Service Commitment period ends.
Service Schedules. Each Service Schedule shall be deemed to be a separate agreement on the terms and conditions set out herein and the termination of any specific Service Schedule shall not be deemed to constitute a termination of any other Service Schedule or this Agreement, all of which shall continue to be put into full effect. Each Service Schedule shall be catalogued numerically for identification purposes and shall provide:
In the event of any conflict or inconsistency between a Service Schedule and the main body of the Agreement, then the provisions of the Service Schedule shall prevail.
Your Termination and Suspension Rights. You may terminate/suspend the Agreement any day within the Service Commitment period as long as you send in writing a termination/suspension notice. We don’t charge a suspension or early termination fee, but you need to take note of the number of days notice we follow. You will not be billed for the next service period if termination/suspension notice is sent before the 15th day of the month.
Any termination/suspension notice we receive after the 15th are processed for the next billing period. So shall we say you sent your notice on the 17th, you will still be billed for the next service period and your account will be effectively terminated/suspended at the end of the next month.
For termination, you agree to pay BLINK for all fees, charges, and any other amount incurred and owed under your Agreement, and you agree to return to BLINK any company-owned Equipment in connection with your Service Commitment. If you fail to return this Equipment, you will be charged the fair market value of the Equipment.
For suspension, you may opt to keep the Equipment with you or request that we pick it up from your premises for safekeeping. You may contact us anytime for reconnection and it’s free of charge.
Trial Services. Trial Services are subject to the terms and conditions of this Agreement; may have limited availability; and may be withdrawn at any time.
BLINK may interrupt, suspend or cancel your Services and terminate your Agreement without advance notice for any reason including, but not limited to, the following:
BLINK's rights under this section are in addition to any specific rights that we reserve in other provisions of this Agreement to interrupt, suspend, modify, or cancel your Services and terminate your Agreement.
We may change any terms, conditions, rates, fees, expenses, or charges regarding your Service at any time. We also reserve the right to modify or discontinue the Service, temporarily or permanently. We commit that we will provide you with notice via your account email address or any other email addresses you provide and in your monthly bill, at least 30 days before we make any materially adverse change. It is your responsibility to check for any such notices. Your continued subscription to the Service after the effective date of the change constitutes your acceptance of such changes.
So, for instance, if we increase your rate plan or the price of any of your Services more than what we have previously told you (such as in your Service Schedule Summary) those would be materially adverse changes. But, not all changes are materially adverse. For example, here is a list of some changes that are not materially adverse: (a) increases to BLINK fees and taxes imposed by the government and passed on to you; and (b) changes to surcharges and regulatory cost recovery charges that do not exceed the limits set forth in your Agreement. We also want you to know that, if we make a materially adverse change during your Service Commitment (if any), you can cancel the impacted Service without paying any termination fee. But, you do need to notify us of your desire to cancel Service by following our termination procedure set out in Section 2.
You will receive an electronic (paperless) bill in your email unless you tell us you want a paper bill. Every billing period an electronic bill will be sent to your official email address on file with BLINK. You are required to keep your email address current and to notify us immediately of any change in your email address. You will not receive a paper bill in the mail unless you expressly request for one.
You are also encouraged to log-in to our BLINK Client Portal to access your account where you could monitor your usage, directly purchase additional data (GB) when your data bundle is exhausted, and view and pay your bills online among other functions. If you opt to pay your bills online, we accept all major credit cards and third-party mobile banking service providers. Every BLINK subscriber is provided a username and password upon the Commencement Date of the Agreement. It should be understood that you have the sole responsibility to secure your password and are solely responsible for notifying BLINK if your password is lost or stolen. BLINK is not liable for any claims, costs, damages, or expenses arising from a lost, misplaced, or stolen password. If you have forgotten your password or would like to change your password for any reason, you may reset it online. It is also your responsibility to notify BLINK immediately if your contact information changes.
You are responsible for paying all charges for or resulting from Services provided under this Agreement. You will receive bills that are due in full either monthly, quarterly, or annually (or other billing preference requested and approved by BLINK)
Installation fees are due on the date of the installation. Billing for subscription services starts immediately after our technician has completed the installation and created your account. You have seven (7) days to cancel the subscription free of charge, your installation fees refunded in full and subscription fees waived. This is subject to sending us a written termination request. If we do not receive any written termination request within seven (7) days after installation, it is automatically understood that you are opting to continue with the terms of the service. You are then required to send advance payment for the first billing period. If written termination notice is received after seven (7) days, no refund on the installation fees shall be issued and you are also obliged to pay a full month of internet subscription charges.
No deposits are required but advance payments are expected prior to the start of the service period. Due dates for different billing cycles are as follows:
Based on your creditworthiness as we determine it, we may establish a credit limit and restrict Services. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend Services until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. If you have more than one account with us, you must keep all accounts in good standing to maintain Services. If one account is past due or over its limit, all accounts in your name are subject to interruption or termination and all other available collection remedies.
BLINK does not charge a late fee for overdue bills. However the Service will be automatically suspended if payment is not received 7 days after the due date. A grace period of 7 days may be given and during that time, BLINK finance team contacts clients with outstanding balances for payment collection. You expressly give permission to BLINK to contact you in connection with any and all matters relating to unpaid past due charges billed by BLINK to you.
You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, email address, or any other address that you have provided, or may in the future provide, to BLINK. You agree and acknowledge that any email address that you provide to BLINK is your private address and is not accessible to unauthorized third parties.
If you believe you have been billed in error for your Services or any related equipment, please notify us within 60 days of the billing date by contacting our Finance Team (+255 62 200 7175 / +255 62 400 7171).
BLINK will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation. Any amounts refunded in the form of bill credits, cash payments, or any other form shall be inclusive of all applicable taxes that were originally paid on such amounts.
As your internet provider, we will need to communicate with you about your Service on occasion. We may contact you by: bill message, text message, email, phone call, postal mail, WhatsApp, or by other reasonable means, to advise you about your Service or other matters we believe may be of interest to you.
We may use any one or a combination of these methods of communication to convey important notices (for example, changes to this Agreement, to your Service, legal notices, etc). You expressly consent on behalf of all the internet lines on your account to all such methods of communication regarding your Service, whether active or inactive.
All prices specified in any Service Schedule are exclusive of VAT (value-added tax) and any other taxes and duties payable by the Customer. If BLINK is required to pay any withholding taxes imposed by the government or the TRA (Tanzania Revenue Authority), then you shall attend to make the required payments on behalf of BLINK.
You shall be liable for and hereby fully indemnifies BLINK against any penalties and/or interest levied against BLINK in respect of your delayed payments or non-compliance with the provisions of this clause. Upon your payment of withholding tax costs, you shall provide BLINK with a valid tax receipt certificate issued by the TRA as evidence that the Customer has accounted to the TRA for withholding tax costs.
The current internet access speed tiers offered by BLINK is found in our website at blink.co.tz. It identifies the “Expected Speeds” of the downstream and upstream rates at which your “Connection” transfers internet access data between the network interface at your home, office, or apartment building to the point you connect to the BLINK network.
Because many different factors can affect the performance of broadband internet access service delivered to a particular location, BLINK does not guarantee specific performance levels for broadband internet access services. Instead, BLINK manages its network to provide overall median performance consistent with the Expected Speeds.
Performance of your Internet Service will also depend on a variety of other factors, including (but not limited to): (a) the number of subscribers simultaneously using the network; (b) specific characteristics of the location from which you are accessing the Internet; (c)specific characteristics of your intended destination on the internet; (d) overall traffic on the Internet; (e) Wi-Fi connectivity; (f) wiring inside your premises, office or apartment complex; and (g) the capacity or performance of your network devices, routers, gateways or modems.
Consequently, BLINK does not guarantee the performance of your service on an end- to-end basis. This is also why third party speed tests which include other portions of the overall internet connection beyond the Connection itself may yield results which are outside the expected speed range for your particular service plan. BLINK expressly disclaims any warranty with respect to the outcome of these third party speed tests.
Unused data are not carried over to the next service period. We pre-allocate non-refundable bundles and they expire at the end of every calendar month. Select the most applicable data bundle for yourself. Your data bundle resets every 1st day of the month at 00:01hrs.
If you failed to send a termination/suspension notice and were not using your allocated data, you are still obligated to pay for the said service period. Once data is allocated to your account, it is non-refundable as we have already incurred the cost. Whether you use it or not, the data has already been allocated to you and you are responsible for those charges.
If you finish your data in the middle of the month, you can buy extra data (GB) directly from our portal at ANYTIME at an allocated price. You may also contact our 24/7 support team to assist you with the GB top-up.
Shall you opt to upgrade the package, write an email to us and our teams will work on this upgrade and communicate with you within the next possible business hours.
However, if you finished your data and don’t want to upgrade, you still continue receiving the service. You will NOT be cut off but rather slowed down to 256kbps/512kbps bandwidth.
You acknowledge and agree that all rights of ownership of the Equipment remain vested in BLINK and you shall not hold yourself out as the owner of the Equipment, nor sell, transfer, dispose of, mortgage, pledge the Equipment or permit the possession of the Equipment to be taken away from you. However, all risk to the Equipment is passed to you upon installation and you are liable for loss, theft, destruction, or damage to the Equipment.
BLINK will repair or replace damaged Equipment as the company deems necessary and may charge you a fee for repair or replacement of the Equipment. You understand that repair or replacement of Equipment may delete stored content, reset personal settings, or otherwise alter the functionality of such Equipment. You will be responsible for payment of service charges for visits by BLINK to your premises when a service request results from causes not attributable to BLINK or its subcontractors, including, but not limited to, when you are unwilling to complete troubleshooting steps requested by BLINK.
If the Equipment was damaged due to your intentional acts, negligence, or use inconsistent with this Agreement, as determined by BLINK, you will be responsible for the price of repair or replacement. Any tampering with the BLINK Equipment, including, for example, opening and attempting to modify the Equipment, or attempting to connect the Equipment to other hardware, will be treated as damage due to your intentional acts or negligence
You will provide BLINK with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. You understand and agree that BLINK may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces) in order to install, maintain, or repair the Service. If you do not own your premises, you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to allow BLINK reasonable access to install, maintain, and repair the Service and to make any alterations BLINK deems appropriate for the work to be performed.
You acknowledge that BLINK may use existing wiring, including altering the wiring and removing accessories, located within your unit ("Inside Wiring" or "IW"). You warrant that you own or control the inside wiring, and give BLINK permission to use, alter, and remove equipment from such wiring. You agree to indemnify BLINK from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.
The Equipment may require electrical power from your premises to operate, which you are responsible for providing. Any backup battery solution is also your responsibility. You may choose to purchase a battery backup for the Equipment from third-party manufacturers or retailers. For more information, you may contact our Support Team (+255 767 007 170).
Note that the Equipment without battery backup will not function in the event of a loss of customer-supplied power. This will disrupt your Internet Service as well as any additional services that use the BLINK connection. BLINK will have no liability for loss of any service(s), whether provisioned by BLINK or a third party, in the event of interruption of customer-supplied power, with or without battery backup present in the BLINK equipment.
Except as otherwise provided, the Equipment must be returned to BLINK undamaged, within twenty-one (21) calendar days after your Service is terminated for any reason. If equipment is not returned within twenty-one (21) calendar days, or is returned damaged, you will be charged a Non-Return Equipment Fee. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to return the Equipment within this time period.
If all Equipment is returned within six (6) months of termination, any fees charged for such Equipment will be refunded (other than fees for damages). No refunds will be made for Equipment returned more than six (6) months after termination. This paragraph also applies if your existing Equipment is replaced or upgraded for any reason.
Unless prohibited by law, the following limitations of liability apply. Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by national security and emergency preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting service providers.
Additional hardware, software, or subscription may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. BLINK is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.
WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICE OR COVERAGE. However, if your Service is interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, a credit equal to a pro-rata adjustment of the monthly Service fee for the time period your Service was unavailable, not to exceed th
BLINK DOES NOT GUARANTEE SECURITY. Although BLINK reserves the right to manage any equipment used to access any Internet Service, you are solely responsible for all security measures over your in-home network, including any internal wiring, local area network(s) and/or Wi-Fi Equipment. That includes, but is not limited to, access to authorization codes or passwords, as well as any encryption you deem necessary or required.
BLINK may provide you with tools or software to assist you in managing one or more aspects of your home network, but you remain solely responsible for all aspects of your home network, including any activity by children or other guests that you may allow (either intentionally or unintentionally, through lack of adequate security measures) to access your Internet Services.
For that reason, BLINK recommends that you take all necessary measures to ensure adequate network security and to closely monitor use of your Internet Services and your home network by anyone accessing your home network, especially children. If you’re a business and you use your device to access company email or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures.
BLINK's network is a shared resource, which BLINK manages for the benefit of all of its customers so that they can enjoy a consistent, high-quality internet experience. However, certain activities and uses of the network by an individual customer or small group of customers can negatively impact the use and enjoyment of the network by others. Therefore, certain activities and uses of BLINK's internet service are permitted and others are prohibited. The terms and conditions of your use of BLINK's internet service are set forth below.
Permitted Activities. BLINK's internet services are intended to be used for the following permitted activities: (a) web browsing; (b) email; and (c) intranet access if permitted by data rate plan (for example, access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation); (d) uploading and downloading applications and content to and from the Internet, and (e) using applications and content without excessively contributing to network congestion. You agree to use BLINK's internet services only for these permitted activities.
Prohibited Activities: BLINK's internet services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers' access to the network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, (e) adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) is resold either alone or as part of any other good or service, or (h) there is a specific data package required for a particular use and you have not subscribed to that plan.
BLINK's Rights to Ensure Compliance. You agree that BLINK has the right to take any and all actions necessary to enforce this section if you use BLINK's internet services in any manner that is prohibited, including, but not limited to, the following actions:
Unlimited Data Customers. If you are a BLINK unlimited data package customer, you agree that "unlimited" means you pay a fixed monthly charge for wireless data service regardless of how much data you use. You further agree that "unlimited" does not mean that you can use BLINK's internet service in any way that you choose or for any prohibited activities, and that if you use your unlimited data plan in any manner that is prohibited, BLINK can limit, restrict, suspend or terminate your data service or switch you to a tiered data package
You must respect the intellectual property rights of BLINK, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by BLINK or accessed through the BLINK's website. Except for material in the public domain, all material displayed in association with the Service is copyrighted or trademarked
The terms and conditions of this Agreement shall be binding upon the assignees and/or other successors-in-title of the parties from time to time