This contract shall be governed in accordance with the laws of Uganda.
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
and the customer hereby indemnifies Liquid Telecom against all damages or claims
resulting from the failure to obtain such permission relating to the
installation and/or removal of the service.
The Customer shall allow Liquid Telecom free access to their premises during
reasonable hours to inspect, install, maintain or remove
telecommunications facilities or equipment.
The service shall be deemed to be in good working order unless and
until Liquid Telecom is advised otherwise by the Customer.
Liquid Telecom shall not be liable for any damage done to any equipment used
by the Customer in connection with this contract, whether that be due
to misuse by the Customer, power fluctuations, lightning strikes, flood
or power fluctuations or any other cause whatsoever.
Liquid Telecom shall not incur any liability for any loss or damages arising out of
the provision, installation or maintenance of the service, 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.
Should the Customer fail to pay any amount due under the terms of
this contract or should the Customer breach any other term of this
contract and fail to remedy that breach within seven days of written
notice calling upon it to do so, Liquid Telecom shall be entitled, without further
notice, either to suspend the service and/or to cancel this contract and
Liquid Telecom shall be entitled to 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.
All costs and disbursements, including legal costs on an attorney and
client scale, incurred by Liquid Telecom in consequence of any default on the part
of the Customer and in recovering all amounts due to Liquid Telecom, and all
collection commission due, shall be borne by the Customer and shall
be paid by the Customer to Liquid Telecom on demand. A certificate issued and
signed by a manager of Liquid Telecom stating the amount due and owing by the
Customer shall be prima facie proof of the facts stated therein and
may be used in support of any application for judgment by Liquid Telecom.
All disputes arising out of or relating to this contract including disputes
as to the meaning of interpretation of any provision of this contract or
as to the carrying into effect of any such provisions or as to the
quantification or determination of any amount of thing required to be
determined or quantified in terms of or pursuant to this contract, may
be referred to arbitration by either party to this contract.
Subject to the provisions of this contract, the arbitration will be held
under the provisions of the arbitration laws for the time being in force
in the Republic of Uganda.
The arbitrator will be an independent person agreed upon by the
parties to the dispute and, failing such agreement within five (5) days
after the date on which either party requests arbitration, the Arbitrator
will be appointed by the Commercial Arbitration Centre in Kampala.
Any award made by the arbitrator: will be final and binding on the
parties to the agreement; and may be made an order of any court to
whose jurisdiction the parties are subject.
Nothing in this contract shall be construed as limiting the rights of
either party regarding institution of legal proceedings for intermediate
relief on an urgent or other basis, pending the decision of the
arbitrator.
Either party shall be entitled to terminate this contract by written notice
to the other in the event that:
The other commits a breach of the terms and conditions of this
agreement, all of which are declared to be material and fails to
remedy the breach within Fourteen (14) days of the 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 the 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.
Liquid Telecom 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, war, fire, strike, accident, governmental acts or requirements, or
other causes, either similar or dissimilar to the foregoing, beyond the
party's control.
The parties hereby choose the domicilum citandi et executandi for all
notices and process as their respective addresses as given above.
Any notice of any change of address must be given in writing by the
party concerned and delivered by hand or sent by registered mail to
the other party. The address so notified then becomes the domicilium
citandi et executandi.
The Customer shall not assign or cede this contract or any rights
hereunder.
