1. “Liquid Home” means Data Control & Systems (1996) (Private) Limited trading as Liquid Intelligent Technologies.
2. Liquid Home offers LTE services known as WibroniX and fibre to the home services known as FibroniX each hereinafter referred to as a “Service” and together as the “Services” as a part of its products.
3. These terms and conditions shall constitute a “Contract” or “Agreement” between Liquid Home and the Customer, who is the registered user of the Services.
4. The Customer shall allow Liquid Home free access to their premises during reasonable hours to inspect, install, maintain or remove telecommunications facilities or equipment.
5. If the Customer is not the owner of the premises where the Service is required, the Customer must obtain the necessary permission from the owner of the premises. The Customer hereby indemnifies Liquid Home against all damages or claims resulting from the failure to obtain such permission relating to the installation and or removal of the Service.
6. The Customers’ subscription period shall commence immediately after their account is activated by Liquid Home, and the Customer will be notified by Liquid Home via a confirmation email and/or SMS confirming the activation of the Services.
7. The Services shall be deemed to be in good working order until Liquid Home is advised otherwise by the Customer.
8. Liquid Home shall not be liable for any damage done to any equipment used by the Customer in connection with this Agreement, whether that be due to misuse by the Customer, power fluctuations, lightning strikes, flood or power fluctuations or any other cause whatsoever.
9. Liquid Home shall not incur any liability for any loss or damages arising out of the provision, installation or maintenance of the Services, whether direct or indirect, consequential or contingent and in particular shall not be liable for any financial loss or loss of profits, income, contracts, business or goodwill.
10. Should the Customer fail to pay any amount due under the terms of this Agreement or should the Customer breach any other term of this Agreement and fail to remedy that breach within (7 ) seven days of the written notice calling upon it to do so, Liquid Home shall be entitled, without further notice, either to suspend the Service and/or to cancel this Contract and retain all payments made so far and to recover the remaining service charges set out in the Service Order Form, for the remainder of the period of the Contract.
11. The Customer acknowledges that the installation of the Service can take up to (14) fourteen working days and is aware that events beyond the control of Liquid Home may delay the delivery of Services within the stipulated period. Liquid Home shall notify the Customer in the event of foreseen delay of delivery.
12. The Customer acknowledges that prices are subject to change upon Liquid Home giving at least 7 (seven) days’ notice. Notice shall be deemed to have been served on the Customer by sending an email to the email address provided upon registration or upon publication in a newspaper of Liquid Home’s choice.
13. Where the use of the Customer’s account has been suspended or disconnected or the Customers’ account is closed, any credit balance in the Customers’ account will be repaid to the Customer upon the Customer presenting themself at any Liquid Home Customer Care Centre. The Customer will only be paid any credit balance due upon satisfactory evidence of the Customer’s identity being produced.
14. The Services are governed by a Fair Use Policy, the contents of which are available on the Liquid Home website.
15. The Customer submits to the jurisdiction of the Magistrates Court in the event of any dispute leading to litigation arising out of matters in terms of this Agreement or connected thereto, and in any such event, the Customer, if found liable, shall be obliged to pay Liquid Home’s costs at the legal practitioner-client scale, and any and all other costs and collection commission incidental thereto and so charged.
16. This Agreement shall be governed by the laws of the Republic of Zimbabwe.

17. Either Party may terminate this Agreement at any time by providing the other Party with at least one (1) calendar month written notice.
18. Either Party shall be entitled to terminate this Agreement by written notice to the other in the event that: the other commits a breach of this Agreement, all of which are declared to be material and fails to remedy the breach within fourteen (14) days of receipt of a written notice calling upon it to remedy the breach complained of; or the other Party commits an act of insolvency or is placed under a provisional or final winding up or judicial management order or if such other Party makes an assignment for the benefit of its creditors, or fails to satisfy or take steps to have set aside any judgment taken against it within seven (7) days after such judgment has come to its notice.
19. Liquid Home shall not be responsible for any breach, failure or delay in performing any obligation if such failure or delay is due to an act of God, epidemic, war, fire, strike, accident, governmental acts or requirements, or other causes, either similar or dissimilar to the foregoing, beyond the Party’s control.
20. The Customers’ domicilium citandi et executandi shall be the respective physical and electronic mail address provided on registration for all notices and process. Any notice of any change of address or a change in the details provided on registration must be given in writing by the Customer and delivered by hand at any Liquid Home office around Zimbabwe or sent by registered mail to Block B, Stand 45-47, Sam Levy Office Park, Piers Road, Borrowdale, Harare, Zimbabwe or sent via electronic mail to zw-sales@liquid.tech.
21. The Customer shall not assign, transfer or cede this Contract or dispose of any of its rights hereunder without notifying Liquid Home in writing. The transfer, assignment or cession of any rights granted in this Agreement without prior written notification is a material breach of this Agreement and grounds for termination of this Agreement by Liquid Home.

22. The Customer agrees to notify Liquid Home of any changes to the information provided to Liquid Home during registration for Services within twenty-one (21) days of the occurrence of such change. Notwithstanding any provision in this Agreement, a Customer’s failure to provide this notification within the required period is a material breach of the Agreement which may result in the immediate suspension of Services or termination of this Agreement by Liquid Home.
23. Liquid Home may assign, novate, transfer or dispose of any of its rights and/or obligations granted in terms of this Agreement to a parent company, subsidiary or affiliate without the written consent of the Customer. Liquid Home may perform any of its obligations and exercise any of its rights granted under in terms of this Agreement through any affiliate, subsidiary or parent company provided that it gives Customer at least one month’s prior written notice including the identity of the relevant affiliate, subsidiary or parent company.
24. This Agreement shall be binding on the Parties hereto and their respective successors and assigns.
25. Both Liquid Home and the Customer shall, in the performance of their respective obligations in this Agreement, comply with the provisions of the Cyber and Data Protection Act [Chapter 12:07] and any applicable data protection legislation and regulations to the extent to which it applies to each of them.
26. The Customer consents to the processing of their personal information as per Liquid Home’s Privacy Notice  found on the website https://zw.liquidhome.tech/legal/privacy-policy. The Customer may change their mind and withdraw consent at any time by contacting Liquid Home at DPZ@liquid.tech but it will not affect the lawfulness of any data processing carried out before consent was withdrawn.
27. With the exception of calls made to the Liquid Home Customer Service helpline and to other designated toll-free numbers, the Customer’s calls or emails may be monitored or recorded for crime detection and prevention as provided by the laws of Zimbabwe from time to time.
28. Each provision of this Agreement is severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the Parties will consult with one another in good faith in order to agree, if possible, an alternative provision in accordance with the intent and tenor of this Agreement. The remaining provisions of the Agreement shall nevertheless remain binding and continue with full force and effect.
29. No waiver of any of the provisions in this Agreement shall be binding or effectual for any purpose unless expressed in writing and signed by the Party hereto giving the same, and any such waiver shall be effective only in the specific instance and for the purpose given.
30. No failure or delay on the part of either Party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
31. Any provision of this Agreement that contemplates performance or observance subsequent to any termination, or expiration of the applicable Agreement shall survive any termination or expiration of the applicable Agreement and continue in full force and effect.
32. Liquid Home reserves the right to vary this Agreement at any time without the Customer’s consent, provided that Liquid Home gives at least seven (7) days' notice of such changes. Notice shall be deemed to have been served on the Customer by sending an email to the email address provided upon registration or upon publication in a newspaper of Liquid Home’s choice. The Customer's continued use of the Services after the expiration of the notice period shall be deemed acceptance of the amended terms and conditions of the Agreement.
33. Each Party agrees that it shall at all times act in good faith, in its respective dealings with the other Party under or in connection with the Agreement.

Wi-Fi Disclaimer

1. Wi-Fi coverage is unique to every House/Building, Liquid Home will use its best efforts to provide useful and reliable internet service. The Customer acknowledges that Wi-Fi utilises public, unlicensed radio-frequency spectrum. As such, Wi-Fi is subject to external interferences, environmental influences and other factors and variables beyond our reasonable control. Performance and coverage may be affected by:
1. Transmission and download speed accuracy;
2. Network congestion by other devices on your network;
3. Performance of your computer, tablets, PCs, Smartphones and other devices, configuration, and functionality of your Wi-Fi devices and wireless cards (including, but not limited to memory, storage and other limitations);
4. Physical obstructions and distances between your Wi-Fi Access point and the Wi-Fi Network. This may be your building design, construction materials and the distance to intended coverage areas, especially to outdoor areas and detached buildings;
5. Availability of electric power;
6. Transmission and equipment limitations, failures, maintenance or repair;
7. User error
2. Wi-Fi may also be interrupted, refused, limited or curtailed for these reasons. Liquid Home is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your Wi-Fi device will or is operating.
3. In certain circumstances, repeaters are required to extend Wi-Fi coverage. Extension of Wi-Fi coverage outside the default coverage of the Customer Premise Equipment provided is at Customer cost.