Disclaimer: Jenny together with its Suppliers and Partners endeavour to provide maximum up-time for all services at all times. We however strongly advise all Customers to operate their business, server or any type of critical services or any type of operation that could have a detrimental effect on themselves, business or others in an adequate manner, with regard to the necessary backup services to ensure a continuation of service with minimal impact should their Service be affected in any way.

The Customer accept and understand that:
The Service will be subject to provisions of all relevant electronic Communications and e-commerce legislation, applicable at the time of the Services within the relevant jurisdiction regulating this Agreement; including the acceptable usage policies of any other service providers or network operators for whom Jenny may provide any services.
Jenny reserves the right to limit the methods of payment options per service or product type.
Should the Customer fail to pay its account in full, the Customer shall be liable for any resultant collection, tracing and/or legal fees and all Services may be suspended.
Jenny will be entitled to verify the information contained on the Customer's profile and generally make enquiries it deems necessary. Jenny will also be entitled to furnish any information regarding the Customer's account and any other compliance requirements with these conditions to any credit bureau / Bank.
I/we hereby indemnify Jenny against any damage, loss, claims or cost that may result from work being done in connection with the connection and / or removal of the Service.

Jenny together with its Suppliers and Partners disclaim that any liability resulting from:

• Interruption of service beyond the control of Jenny;
• Unforeseen delays in provisioning, delivery or providing of the service;
• Force Majeure;
• Negligence in any manner or form;
• Unauthorised use or misuse of the client's account and/or passwords;
• Misinformation provided by employees; or
• Damages arising from the inability to access or utilise a service,
  Jenny and its Suppliers/Partners shall not be liable for any direct, indirect or incidental damages resulting from the client/user's inability to use any of the Services or the cost to procure an alternative service.
  All links provided by Jenny to a different page or site remain part of these Terms & Conditions, by accepting these Terms & Conditions the Customer is accepting the Terms and/or Policies represented on these pages.
   

Standard Terms and Conditions 
 

These terms and conditions govern the use of our products and services, including but not limited to our website, software, applications, and any other related products or services (collectively, the "Services"). By using our Services, you agree to be bound by these terms and conditions.
Jenny reserves the right to amend its Masters Terms of Service from time to time. Any new version of the Service Terms will be displayed on our website. The Customer's continued use of our Services after any such updates shall constitute agreement to the updated terms and conditions. Jenny reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, without liability to the Customer or any third party.

If you have any questions or concerns about these terms and conditions, please contact Jenny at sales@jennyinternet.co.za - +267 397 2712

1. Definitions and Interpretation 
   In this Agreement, the words hereunder will have the meanings assigned to them below:
   1. "Acceptable Use Policy" means Jenny's Acceptable Use Policy which is available on its website and which may be updated from time to time;
   2. "Agreement" means these Standard Terms and Conditions, Services Schedule and any Application Form, Schedules, Annexures or attachments hereto;
   3. "Confidential Information" means all information (in whatever format) which relates to the Agreement, is designated as confidential by either Party and relates to the business affairs, networks, customers, products, services, developments, trade secrets, know-how and employees of the Parties (including, in the case of the Customer, Personal Information); and/or information  which may reasonably be regarded as being proprietary and confidential information of the Party disclosing such information;
   4. "Customer" means the party specified as Customer on the Application Form to which these Standard Terms and Conditions refer;
   5. "Delivery of Service" means the start of a connection for any particular Service where it becomes available for use by the Customer. 
   6. "Early Termination Fee" means the applicable fee(s) resulting from early termination as provided for in clause 8 (Termination) herein. 
   7. "Effective Date" means, notwithstanding the date of signature of this Agreement, the date when the Service is commissioned (made available) by Jenny for use by the Customer (Delivery of Service) irrespective of whether or not the Customer uses the Service;
   8. "Initial Period" means the duration of this Agreement for Service/s as determined by the Service Schedules;
   9. "Legislation" means those particular statutes, rules and regulations applying to the country in which the Services are rendered;
   10. "Service/s" means all the service/s provided by Jenny as specified in the Service Schedules to this Agreement, including all software and equipment necessary for the provision of the Service/s;
   11. "Service Schedule(s)" means the Jenny Sign-up form, together with the Equipment Rental option, as well as any quotation for Services that is accepted by the Customer, which shall form part of these Terms and Conditions;
   12. "Jenny" means Jenny Internet (Proprietary) Limited, with Company Number: BW00000863877; 
   13. "VAT" means Value-Added Tax as defined in the relevant tax legislation for the area of Service;
   14. The clause headings contained in this Agreement are for reference purposes only and shall not be used in the interpretation of this Agreement. Words importing any one gender include the other gender, the singular includes the plural and vice versa, and natural persons include juristic entities and vice versa.
        
2. Effective Date And Duration
   1. The Effective Date of this Agreement is the date upon which the signatory of this agreement takes Delivery of Service.
   2. Should the Effective Date occur after the date of signature of the Agreement, nothing herein contained shall be construed so as to give either party the right to cancel or rescind the Agreement before the effective date.
   3. If at any time during the currency of the Agreement, the Customer upgrades the service, then the Effective Date in respect of the Service/s as upgraded shall be the date when the upgraded Service/s first commences.
   4. The duration period of each of the Service/s shall be the Initial Period.
   5. The Agreement shall continue to be of force and effect after the expiry after the Initial Period, on a month-to-month basis, unless provided for otherwise in the relevant Service Schedule.
       
3. Charges And Payment
   1. All Service/s provided are to be billed as of the Effective Date. In the event of a single Service consisting of a number of components, billing will commence for each respective component of that Service as and when each component of that Service is delivered and is available for use by the Customer.
   2. The Customer is responsible for and agrees to pay Jenny all fees for the Service/s specified in the Service Schedule in Botswana currency, without deduction or set-off of any amount of whatsoever nature or for whatsoever reason.
   3. All prices specified in the Service Schedule include VAT unless otherwise stated.
   4. Invoicing will be processed and delivered in advance, and all invoices for Services rendered in terms of the payment dates selected on the Service Schedule shall be payable in accordance therewith.
   5. The payment terms and amounts payable will be determined by the relevant Services chosen by the Customer as per the Service Schedule.
   6. In the event of any dispute arising as to the amount or calculation of any fee or charge to which Jenny is entitled (Billing Dispute), the Customer shall, before payment for such invoice is due, deliver a notice in writing to Jenny setting out the nature of the dispute. Such notice must include:
      1. the date and number of the disputed invoice;
      2. the amount in dispute;
      3. the reason for the dispute; and
      4. supporting documentation, as deemed appropriate.
         The Billing Dispute shall be referred for determination to Jenny' accounts department for Jenny to report on all relevant usage and periods of Service in order to allow the Customer to reasonably establish indebtedness. 
   7. Jenny shall be entitled from time to time, on 30 (thirty) days prior written notice thereof, to Customer to increase the monthly fees referred to in the Service Schedule, provided that:
      1. Jenny undertakes and warrants that any price increase applicable to the Service(s) shall be limited to one (1) variation per year (12-month period), unless such increase is required by law or due to national economic or technical requirements.
      2. A fee increase shall be reasonable and market related, taking into account all operational expenses associated with the particular Service(s).
          
4. Customer's Obligations
   1. Customers shall comply strictly with all relevant Statutory restrictions that may be imposed on computer networks through which any information and/or data transmitted by Customer passes.
   2. Customer shall not commit or attempt to commit any act or omission which directly or indirectly:
      1. damages in any way Jenny technical infrastructure or any part thereof;
      2. impairs or precludes Jenny from being able to provide the Service/s in a reasonable and businesslike manner;
      3. constitutes an abuse or malicious misuse (as determined by applicable Legislation) of the Service/s;
         Or is calculated to have the above mentioned effect. In such an event, should Jenny incur expenses to remedy the situation, Jenny reserves the right to charge the Customer the amount necessary to cover Jenny's additional expenditure. Notwithstanding the above, Jenny reserves the right to take any other appropriate action it may deem necessary to remedy the situation.
   3. Customers are prohibited from modifying any equipment (including but not limited to router equipment) utilised by Customer to receive any of the Service/s, in any way whatsoever, including the changing of any of the settings of such equipment.
   4. Customers shall at all times adhere to and ensure compliance with the Acceptable Use Policy (available on Jenny's website).
   5. Under no circumstances may Customer resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against Jenny, its servants, its agents, or any other persons for whom it may be liable in law (and in whose favour this provision constitutes a stipulatio alteri) if Jenny interrupts the Service to Customer as it would be entitled to do if Customer is in default of any of its obligations under this Agreement to Jenny or in the circumstances contemplated in clause 6.4 below.
   6. Customers may not at any time use the Service in contravention of any Botswana law. In particular, the Customer undertakes to familiarise himself/herself and ensure that it is kept continuously appraised of all Botswana law in force from time to time which has any bearing on the Service and/or its use. The Customer acknowledges that Jenny has no obligation to assist Customers in this regard.
       
5. Warranties
   1. Jenny undertakes to all its Customers that all relevant quality of service and experience standards shall be observed, in accordance with the stipulated industry guidelines and regulations provided from time to time.
   2. Save as expressly set out in this Agreement or its Annexures, Jenny can not make any representations nor give any express warranties or guarantees in respect of the Service/s and all warranties which are implied or residual at common law are hereby expressly excluded.
   3. Without limitation to the generality of clause 5.2 above, Jenny does not warrant or guarantee that the information transmitted by or available to Customer by way of the Service/s:
      1. will be preserved or sustained in its entirety;
      2. will be delivered to any or all of the intended recipients;
      3. will be suitable for any purpose;
      4. will be free of inaccuracies or defects or bugs or viruses of any kind; or
      5. will be secured against intrusion by unauthorised third parties; And Jenny assumes no liability, responsibility, or obligations in regard to any of the exclusions set forth in this clause.
          
6. Exclusion Of Liability
   1. Except as otherwise expressly provided herein to the contrary, Jenny shall not be liable to Customer or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted against Jenny or against Customer by any party, arising directly or indirectly out of the Service/s, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be.
   2. Customer hereby indemnifies Jenny against and holds Jenny harmless from any claim by any third party arising directly or indirectly out of access to or use of the Service/s or information obtained through the use thereof or in respect of any matter for which liability of Jenny is excluded in terms of clause 6.1 above.
   3. Because of the need to conduct maintenance, repair and/or improvement work from time to time on the network infrastructure by means of which the Services are provided, the provision of the Services may be suspended from time to time, and all liability on the part of Jenny of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising there from, is excluded, and the provisions of clause 6.1 above shall apply mutatis mutandis to such exclusion. Should the provision of the Service/s be suspended by Jenny for the purpose aforementioned for a period in excess of 48 (forty eight) consecutive hours, Jenny shall give Customer credit in an amount that represents a pro rata portion of the Customer's basic monthly subscription fee for the month during which the said suspension occurred.
   4. Where the Service/s provided include Hosting Services, then, notwithstanding anything to the contrary contained in this Agreement, Jenny reserves the right in its absolute discretion and after the receipt by Jenny of any complaint from any governmental department, or any other third party (including but not limited to any Internet industry body or any other organisation) that Customer's website contains information that infringes against any third party's rights in terms of the governing law of Botswana, the Electronic Communications and Transactions Legislation, any other legislative enactment or regulation in force from time to time or is defamatory in nature, to immediately give written notice to Customer of Jenny's intention to remove the offending information or any portion thereof from Customer's web site. Should such offending information not be removed from the web site by Customer within 24 hours of written notice to that effect, Jenny shall be entitled to immediately remove the offending information or any portion thereof from Customer's website, or where it is not possible to remove such content, to terminate the Hosting Services of such Customer. Any removal or termination by Jenny shall in no way constitute a breach by Jenny of this Agreement.
       
7. Documentation
   1. Any specifications, descriptive matter, drawings and other documents which may be furnished by Jenny to the Customer from time to time:
      1. do not form part of this Agreement and may not be relied upon, unless they are agreed in writing by both parties hereto to form part of this Agreement; 
      2. shall remain the property of Jenny and shall be deemed to have been imparted by it in trust to Customer for the sole use of Customer.
         All copyright in such documents vests in Jenny. Such documents shall be returned to Jenny on demand.
          
8. Termination
   1. Either party may terminate this Agreement for any reason upon providing written notice to the other party at least 30 days in advance. Notice must be delivered via certified mail, email, or another method agreed upon in writing.
   2. Upon termination, the Customer shall be responsible for paying all outstanding fees and charges up to the effective date of termination.
   3. Fixed Term Contracts (Excluding Standard Equipment Rental Agreements) : 
      In the event that the Customer terminates the Agreement before the completion of the contract term, an early cancellation fee of P1500.00, including VAT, will be charged. This Early Termination Fee shall be payable to Jenny within 30 (thirty) days from the date of termination. The Parties agree that this Early Termination Fee is applicable only if the Customer terminates the contract before the end of the Agreement's Term and represents a reasonable estimate of Jenny's resultant losses occasioned by such early termination.
   4. Standard Equipment Rental Contracts
      1. Equipment Return: If the standard equipment rental agreement is terminated, for whatever reason, a 30 (thirty) day grace period will be afforded to facilitate the return of Jenny's equipment. If the equipment cannot be collected due to Customer's lack of response or access, rental charges will continue to apply from the following month until the equipment is successfully returned. Equipment must be returned in good working condition (reasonable wear and tear expected).
      2. Equipment Removal: If the Customer chooses to remove the Equipment themselves, the Service Provider will transfer P150.00 to the Customer via eWallet once the equipment is received through a courier selected by the Service Provider, regardless of the Customer's account status. If the Customer does not opt for this option, Jenny will be responsible for collecting the equipment and will charge the Customer a collection fee.
      3. The Service Provider shall bear no responsibility for any injuries, property damage, or other issues arising from the Customer's actions in accessing, handling, or removing the Equipment.
          
9. Breach
   1. Either Party may terminate the Agreement with immediate effect in the event that the other:
      1. breaches any of the terms or conditions of this Agreement and fails to remedy such breach or pay such amount, as the case may be, within 7 (seven) days after the receipt of written notice from Jenny;
      2. commits any act of insolvency;
      3. endeavours to compromise generally with its creditors or does or causes anything to be done which may prejudice the other Party's rights hereunder or at all;
      4. allows any judgement against it to remain unsettled for more than 10 (ten) days without taking immediate steps to have it rescinded and successfully prosecuting the application for rescission to its final end; or
      5. is placed in liquidation or under judicial management (in either case, whether provisionally or finally) or, being an individual, his estate is sequestrated or voluntarily surrendered; 
         
         Jenny shall have the right, without prejudice to any other right which it may have against the Customer, to:
         1. suspend or terminate the Services;
         2.  treat as immediately due and payable all outstanding amounts which would otherwise become due and payable over the unexpired period of the Agreement, and to claim such amounts as well as any other amounts in arrears including interest and to cease performance of its obligations hereunder as well as under any other contract with the Customer until Customer has remedied the breach; and/or
         3. cancel this Agreement; in any event without prejudice to Jenny's right to claim damages.
   2. Customer shall be liable for all costs incurred by Jenny in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgement has been granted, in connection with the satisfaction or enforcement of such judgement.
   3. Subject to what is set out in clause 9.1.1 above, Jenny shall be entitled to suspend the provision of the Services where Customer breaches any provision of this Agreement or where any payment to Jenny is overdue in terms of the selected payment options as per the Service Schedule.
   4. If the Customer is required to terminate the Agreement or the standard equipment rental agreement prior to the end of the agreed Term due to a breach of terms by Jenny, the Early Termination Fee will not apply.
       
10. Intellectual Property
    1. Notwithstanding anything set out in clause 10 below, all Jenny intellectual property (including, without limitation, copyright, trade marks, designs and patents) relating to or used in connection with the Service/s provided under this Agreement shall belong to Jenny. Customer undertakes that it shall at no time, have any right, title or interest in the intellectual property and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with the equipment or
       software owned by Jenny, or any of its third party suppliers. Jenny shall notwithstanding anything to the contrary, have no right, title or interest in any intellectual property that belongs to the Customer and/or that the Customer has the lawful entitlement to.
    2. Customer warrants that it shall not use the Service/s to produce, host or present any content in contravention of any person's intellectual property rights, and in particular warrants that it shall recognise, acknowledge and use any content in accordance with any third party's intellectual property
       rights. The customer furthermore warrants that it has received all necessary permissions to make use of any intellectual property relating to third parties.
        
11. Confidentiality
    1. Each party will keep in confidence and protect Confidential Information from disclosure to third parties and restrict its use to that which is provided for in this Agreement.
    2. Each Party hereunder, shall:
       1. only use Confidential Information for the purpose of exercising their rights and performing  their obligations under this Agreement;
       2. only disclose Confidential Information to a third party with the prior written consent of the Party who originally disclosed such information (except that either Party may disclose Confidential Information to its employees, agents, contractors, professional advisors and auditors ("Authorised Parties"), provided that this is done strictly on a need-to-know basis  for the purpose of exercising its rights and fulfilling its obligations under this Agreement); and
       3. ensure that any third party and Authorised Parties, to whom Confidential Information is disclosed, executes a confidentiality undertaking containing substantially similar terms to those contained in this clause.
    3. These non-disclosure provisions shall not apply to any Confidential Information which:
       1. is in or comes into the public domain
       2. is or has been independently generated by the recipient Party, as evidenced by written records; or
       3. is properly disclosed pursuant to a separate written consent, statutory obligation, order of a court of competent jurisdiction or the requirement of a competent regulatory body.
    4. This section shall survive termination or cancellation of this Agreement.
    5. This Agreement does not transfer to either party title to any intellectual property contained in any Proprietary Information of the other party.
        
12. Cession
    Customers shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this Agreement to any third party unless  consented to in writing by Jenny.
     
13. Force Majeure
    Jenny shall not be liable for non-performance under this Agreement;  the cause of which is beyond a Party's reasonable control and which affects its ability to perform any or all of its obligations, including but is not limited to, fire, flood, lightning, explosion, power outages, war, acts of 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 providers of telecommunications services.
     
14. Governing Law And Jurisdiction
    This Agreement will be governed by and construed in accordance with the laws of Botswana and all disputes, actions and other matters relating thereto will be determined in accordance with Botswana law by a Botswana court having jurisdiction.
     
15. Chosen Address for delivery of Notices
    1. For all purposes, including but not by way of limitation, the giving of any notice, the making of any communication, and the serving of any process, Customer chooses its address for delivery of all notices regarding this Agreement as the address appearing on the application form to which these Standard Terms and Conditions are attached. 
    2. Jenny's official address for delivery of notices is at Plot 50161, Section 8, Building 3, Unit 1, Block 5, Gaborone, Botswana, P.O.Box 817401 Molapo Crossing, Gaborone. Either party shall be entitled from time to time to vary its domicilium and shall be obliged to give notice to the other within ten (10) days of the said change.
       Any notice given or served by one party upon the other party pursuant to the Agreement shall be in writing and may be given by email transmission, certified mail or hand to that party at the address or addressed to the address, as the case may be, set out below or by hand personally to any person named below as a recipient for such party.
        
16. General
    1. No variation, amendment or consensual cancellation of this Agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement shall be binding unless recorded in a written document signed by a duly authorised representative from both Jenny and the Customer.
    2. The parties acknowledge having read and understood this Agreement and are not entering into this Agreement on the basis of any representations not expressly set forth in it.
    3. Neither party shall be bound by any express or implied term, representation, warranty, promise, or the like not recorded herein, whether it induced the Agreement between Customer and Jenny or not.
    4. No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement, bill of exchange or other document issued or executed pursuant to or in terms of this Agreement, shall operate as an estoppel against either party hereto in respect of its right under this Agreement, nor shall it operate so as to preclude either of the parties thereafter from exercising its rights strictly in accordance with this Agreement.
    5. In the event that any provision of this Agreement conflicts with any statute, ruling, or order of any governmental or regulatory body from time to time, then such provision of this Agreement shall be controlled by the statute, ruling or order.
    6. Should any of the terms and conditions of this Agreement be held to be invalid, unlawful, or unenforceable, such terms and conditions will be severable from the remaining terms and conditions which will continue to be valid and enforceable.
    7. In the event of any expiration, termination, or cancellation of this Agreement, provisions hereof which are intended to continue and survive shall continue and survive.
    8. The terms and conditions appearing in the Schedule(s) hereto, are hereby incorporated into the Agreement. In the event of any conflict between the Standard Terms and Conditions of this Agreement and those appearing in any Schedule/s hereto, those terms expressly agreed upon in the Schedules shall prevail. In respect of any conflict in respect of pricing in the Agreement or the Schedules hereto, the costs set out in the Service Schedule shall prevail.
    9. By purchasing this service you agree to our Acceptable Use Policy available:
       https://www.jenny.co.bw/acceptable-use-policy 

These terms and conditions, together with the Schedule(s), Annexures, and attachments hereto, constitute the whole of the agreement between Jenny and the Customer relating to the subject matter hereof, notwithstanding anything in Customer's inquiry, specification, acceptance, order, or other documentation or discussion to the contrary.

Incident Reporting: Any complaints (other than claims of copyright or trademark infringement) regarding violation of this Acceptable Use Policy by Jenny Internet, the Customer (or its user) should be directed to abuse@jenny.co.bw, include details that would assist Jenny Internet in investigating and resolving such a complaint.