Standard Terms and Conditions

By using Rocketnet Namibia Telecommunications Proprietary Limited’s (hereinafter referred to as Rocketnet Namibia) services, you agree that you have read, understood and are bound by:

Rocketnet Namibia’s Standard Terms and Conditions.
Your use of the Bandwidth services indicates your acceptance of the terms and conditions which constitutes a valid and binding agreement between yourself (hereinafter referred to as the Customer) and Rocketnet Namibia.

1. Interpretation & Definitions

1.1. Interpretation

This agreement shall be interpreted and governed in accordance with the laws of the Republic of Namibia.
Words and expressions defined in this clause shall bear the meanings assigned to them herein, and cognate words and expressions shall bear corresponding meanings.

1.2. Definitions

Unless the context clearly indicates otherwise, the following words bear the meaning ascribed to them below:

Activation Period: The period between the Effective Date and the date when the services will be activated.
Billing Date: The date on which the first invoice in relation to this service agreement is issued by Rocketnet Namibia to the Customer.
Capped Bandwidth: The Rocketnet Namibia network will not allow the Customer to exceed the contracted bandwidth as per the products and pricing section of this agreement.
Critical Maintenance: Any maintenance in which Rocketnet Namibia is unable to forewarn the Customer. This can occur any time of day and is usually due to factors outside the control of Rocketnet Namibia.
Business Day: Any day other than a Saturday, Sunday, or officially recognized public holiday in the Republic of Namibia. "Day" shall have the same meaning.
Effective Date: The date on which the agreement is signed.
Emergency Maintenance: Planned maintenance for which Rocketnet Namibia will inform the Customer 12 (twelve) hours prior, ensuring such maintenance is performed between 22:00 and 06:00 the next morning. Rocketnet Namibia reserves the right to upgrade this emergency maintenance to critical maintenance without further notice.
Rocketnet Namibia: RocketNet Internet Namibia Pty LTD, a private company with limited liability, duly incorporated in terms of the Companies Act 28 of 2004, as applicable in the Republic of Namibia. Registration number: 2019/0784. Principal place of business: 0142B Maerua Park South, 3rd Floor, Centaurus Road, Windhoek, Namibia.
Service Agreement: This agreement, which incorporates these terms and conditions.
Service Period: The fixed period during which Rocketnet Namibia shall provide services to the Customer.

2. Duration and Early Termination

Rocketnet Namibia shall provide the service to the Customer for the service period.
The parties agree that the service period is a fixed period. The Customer may terminate this agreement by giving 30 (thirty) days’ written notice before the expiration date. In the event of early termination, the Customer shall be liable for a cancellation penalty. This penalty will consist of the monthly service fees for the remainder of the service period.
If the Customer wishes to upgrade any of the service options, Rocketnet Namibia shall not charge termination charges, provided the new service amount is not less than the current service amount.
Rocketnet Namibia may terminate this agreement at any time for reasons permitted by law by providing 30 (thirty) days’ written notice.

3. Price and Payment

3.1. Price and Payment

Rocketnet Namibia will issue monthly invoices in advance. The first invoice will include once-off fees and the first month's service fees, as well as any pro-rata fees from the Billing Date.
All fees payable to Rocketnet Namibia are inclusive of VAT unless otherwise stipulated. Residential customers for telecommunication services are entitled to zero-rated VAT.
Payments must be received within 7 (seven) days of the invoice date unless deducted via debit order. Cancellations of debit orders must be communicated in writing.

3.2. Interest

Accounts in default shall be charged interest on the outstanding balance at an annual rate of 3% above the retail lending rate of a commercial bank, calculated daily from the due date until payment is made.

3.3. Interruption of Service Due to Non-Payment

In the case of non-payment, Rocketnet Namibia will notify the Customer and request payment within 7 working days.
Should the Customer default, the service will be suspended.
Services will be reconnected within 5 (five) business days after settlement, including a reconnection fee equal to the original once-off fees.

3.4. Price Fluctuations

Rocketnet Namibia pricing will remain fixed for the first 12 months of the agreement.
Pricing reviews may occur annually based on factors such as the NCPI, foreign exchange rates, and third-party costs.
Customers will be notified 20 business days in advance of significant price changes.

3.5. Purchase of Additional Bandwidth

Customers with capped bandwidth services may purchase additional bandwidth via the customer portal.
Unused additional bandwidth will expire after 1 month and cannot be refunded.

4. Equipment

All risk for equipment passes to the Customer on the installation date.
Lost, stolen, or damaged equipment must be reported immediately. Costs remain the Customer's responsibility until notification is received.
Upon agreement expiration, the Customer must return the equipment in its original condition (fair wear and tear excepted).

5. Customer Obligations

The Customer shall grant Rocketnet Namibia access to premises, equipment, and infrastructure as needed.
Relocation requirements must be communicated with a minimum 60 days' notice.

6. Uncapped Broadband

Uncapped broadband internet products are subject to bandwidth shaping during business hours (08:00 to 18:00).

7. Network Security

Network security is entirely the responsibility of the Customer unless otherwise stated.

8. Service Level Agreement

Third-party products and services are excluded from this agreement unless otherwise agreed.
Rocketnet Namibia will monitor and restore interrupted services.
Maintenance on equipment provided by Rocketnet Namibia is included, but repairs to Customer-owned equipment are at the Customer's expense.
If the service performance is below the contractual level, the Customer should contact the helpdesk of Rocketnet Namibia to report the matter.
For purposes of this clause, Rocketnet Namibia will provide maintenance for routers, modems, and other equipment used to provide the service, enabling Rocketnet Namibia to satisfy its obligations in terms of this agreement. The cost of repairs, replacements, or upgrades of the Customer's own equipment will be for the Customer’s account.
The agreement and the conditions as contained in this clause apply per product and per service basis and specifically exclude any third party unless otherwise agreed.

9. Exclusion of Warranties

Except as set out in this agreement, Rocketnet Namibia gives no warranties or representations of any nature regarding the services and disclaims any implied warranty, including warranties of merchantability or fitness for a particular purpose in connection with the services.
Any condition or warranty implied or incorporated in this agreement by statute, common law, or otherwise, is expressly excluded as far as permitted by law. Rocketnet Namibia will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, misconfigurations, or service interruptions caused by events beyond its control or by errors or omissions of the Customer.
In such cases, performance time may be postponed for a reasonable period, excluding the right of either party to terminate the agreement. The affected party’s ability to resume performance and the other party’s interest in receiving performance will be considered. Pending resumption, the other party may suspend its own performance.
If the grounds for relief persist for more than six weeks, either party may terminate the agreement by giving written notice.
Each party may retain what has been received from performance prior to termination and must account for any unjustified enrichment. Final payments must be made within 30 days of demand, calculated according to the product and price details in the service agreement or applicable annexures.

10. Breach Clause

If either party breaches this agreement and the breach is remediable, the aggrieved party may demand in writing that the breach be remedied within 10 days.
If the breach remains unresolved, the aggrieved party may terminate the agreement immediately with further written notice or claim specific performance of the obligations.
These provisions do not affect the right to claim damages; however, consequential damages are expressly waived.
If the Customer breaches this agreement leading to cancellation, it will be regarded as early termination, and clause 2 will apply mutatis mutandis.
The maximum liability of either party for direct economic loss or damage is limited to the total value of this agreement, including attorney fees.
Nothing in this agreement excludes or restricts liability for fraud, dishonesty, or acts that cannot legally be excluded, including Rocketnet Namibia’s negligence, errors, omissions, or breach of agreement.

11. Dispute Resolution

If the parties cannot resolve a dispute within 14 business days, the Customer may contact the Communications Regulatory Authority of Namibia (CRAN) to lodge a complaint.
The Customer is not entitled to withhold payment of any part of a disputed invoice.
All disputes will be resolved in accordance with this clause.

12. Telephone Recordings

The Customer agrees:
To the electronic recording of their telephone conversations with Rocketnet Namibia, with or without an automatic tone warning device or notice.
That such recordings and transcripts may be used as evidence by Rocketnet Namibia in any dispute between them and the Customer and will be admissible as evidence in any court of competent jurisdiction for the purpose of establishing any matter pertinent to such matters, transactions, and potential transactions or otherwise, relating to this agreement.
Rocketnet Namibia is not obliged to maintain copies of such recordings and transcripts for the benefit of the Customer.

13. General

The parties choose their respective domicilium citandi et executandi, which will be the address stipulated as their respective contact details.
The parties record that this agreement constitutes the full agreement between them. Any addition hereto or consensual cancellation hereof shall not be binding on any of the parties unless recorded in writing under their respective signatures.
No extension of time or lenience which either party may grant to the other shall constitute a waiver of any of the rights and shall not thereby be precluded from exercising any rights against the other which may have arisen in the past or which might arise in the future.
The Customer shall not be entitled to cede, assign or delegate or in any manner transfer any of its rights or obligations under this agreement without the prior written consent of Rocketnet Namibia.
The parties hereby agree that any notification in terms of this service agreement may be conveyed to the other party by way of e-mail, telefax, notice sent by prepaid registered post, or hand delivery.
If any term or provision of this agreement is invalid, illegal, or incapable of being enforced by law or public policy, all other conditions and provisions shall remain in force. The parties shall negotiate to modify the agreement to fulfill the original intent to the greatest extent possible.
This agreement may be executed in several counterparts, all of which shall constitute one agreement, binding on all parties, even if not all parties are signatories to the original or the same counterpart.
The parties undertake to pass all resolutions, sign all documents, and take all reasonable steps to give effect to and ensure the proper discharge of their respective duties under this agreement.
All terms and conditions in the agreement or on Rocketnet Namibia's website apply to the products of Rocketnet Namibia.

14. Signatories

The signatories to this agreement warrant that they are duly authorized to sign this agreement and bind the parties to its terms and conditions.

15. Exclusion of Liability

Rocketnet Namibia shall not be liable to the Customer or any third party for any claim relating to loss, damage, or expense arising from utilizing the services, whether direct, indirect, or consequential, including:
1. Service interruptions, suspensions, or terminations not caused by Rocketnet Namibia;
2. Telecommunication network or secondary operator infrastructure faults;
3. Non-performance or delay by any third party required to allow Rocketnet Namibia to render services; or
4. Hardware, software, operating systems, networks, telecommunication lines, or other system failures of any third party relied upon by Rocketnet Namibia or the Customer.
Rocketnet Namibia will not be liable for pure economic or consequential loss. It does not warrant the quality or accuracy of information received via the services, especially when the Customer uses the service for purposes other than being a consumer.

16. Confidentiality and Non-Disclosure

Rocketnet Namibia agrees to keep all internal records, information, and data regarding the Customer's products, services, and users private and confidential. Disclosure to unauthorized employees or third parties is prohibited.
Rocketnet Namibia employees may only access information on a "need-to-know" basis, as determined by senior management.
Rocketnet Namibia will access or utilize the Customer's information only for providing, maintaining, troubleshooting, or restoring services directly related to the Customer's relationship with Rocketnet Namibia.

17. Novation

The parties hereby agree that this service agreement shall supersede all previous agreements (whether in writing or not) entered into by the parties for the same service.

18. Warranty and Indemnity

Rocketnet Namibia hereby warrants and represents in favour of the Customer that:
1. It is a Namibian company, duly incorporated and validly existing under the laws of the Republic of Namibia;
2. It has all the required power and authority to enter into this service agreement;
3. The execution of this agreement will bind it in accordance with its terms and that the performance of its obligations hereunder will not result in a breach of any applicable law or any third-party rights.
Rocketnet Namibia herewith unconditionally and irrevocably indemnifies the Customer against any loss, damage, or costs resulting from a breach of any of the warranties stated herein.

19. Force Majeure / Impossibility of Performance

Grounds of Relief from Liability
1. Rocketnet Namibia is not liable for a failure to perform any of its obligations insofar as it can prove:
  1. That it could not reasonably be expected to have taken the impediment and its effects upon its ability to perform into account at the time of the conclusion of this agreement; and
  2. That it could not reasonably have avoided or overcome the impediment or its effects.
2. An impediment referred to in clause 19.1.1 above may result from events such as the following:
  1. War, whether declared or not, civil war, riots and revolutions, acts of piracy, acts of sabotage;
  2. Natural disasters such as violent storms, cyclones, earthquakes, tidal waves, floods, destruction by lightning;
  3. Explosions, fires, destruction of equipment or machines, of factories, and of any kind of installations;
  4. Boycotts and strikes of all kinds, go-slows, occupation of the set, factories, and premises;
  5. Any electricity and/or power-related failures, irrespective of whether these failures are under the control of the Customer or the national power distributor.
  6. Acts of authority, whether lawful or unlawful, apart from acts for which Rocketnet Namibia has assumed the risk by other provisions of this agreement.
Duty to Notify
1. The affected party shall, as soon as practicable after the impediment and its effects upon that party’s ability to perform become known to that party, give notice to the other party of such impediment and its effects on the affected party’s ability to perform. Notice shall also be given when the ground of relief ceases.
2. The ground of relief takes effect from the time of the impediment or, if notice is not timeously given, from the time of notice. Failure to give notice makes the affected party liable in damages for loss.
Effects of Grounds of Relief
1. A ground of relief under this clause relieves the affected party from damages, penalties, and other contractual sanctions, except from the duty to pay interest on money owing as long as and to the extent that the ground subsists.