In these terms and conditions, the following expressions shall have the meanings set out below:

• TelePassport – TelePassport Communications (Pty) Ltd, registration number 2004/362, a company duly incorporated and registered under the laws of the Republic of Namibia, with principal place of business at 1st Floor, Square Park, Hebenstreit Street, Ludwigsdorf, Windhoek, and trading in Namibia as "0824 Telco".
• Connection – Activation of the Subscriber account to the System.
• Equipment – Telecommunications hardware and related apparatus provided by TelePassport to facilitate the Services.
• Network – Telecommunication networks utilised for the Services.
• Subscriber – The customer named on this agreement who is the user of the Services.
• Service and Services – The telephony services delivered by TelePassport to the Subscriber through the System.
• System – TelePassport's SIP and/or VoIP and/or GSM and/or LCR platforms, enabling least-cost routing and voice over GSM or internet communication.
• Tariff – The published rate for ongoing connection to the System, as revised from time to time.

• Subject to clauses 3.1 and 9, this agreement shall commence on the date of signature and continue for the initial period(s). Thereafter, it will continue indefinitely until terminated on 90 (ninety) days' written notice by either party.

• Upon acceptance of this agreement by TelePassport, at TelePassport's discretion, the Subscriber shall be connected to the System within 5 (five) to 10 (ten) business days of receipt of all required documentation, equipment installation (where applicable), and payment of any applicable deposit. TelePassport shall notify the Subscriber of the expected connection date upon acceptance of this agreement.
• TelePassport will use reasonable efforts to maintain the Connection while the Subscriber complies with this agreement.
• TelePassport may set, withhold, or adjust credit limits. The Subscriber authorises TelePassport to make any enquiries necessary to assess creditworthiness on an ongoing basis.
• TelePassport shall provide the Services in accordance with:
  • its license conditions issued by the Communications Regulatory Authority of Namibia;
  • the Communications Act and applicable regulations; and
  • applicable interconnection and access obligations.
• The Subscriber acknowledges that the Services are subject to national regulatory frameworks and may be affected by regulatory requirements or directives.
• TelePassport reserves the right to implement reasonable network management and fair usage policies to ensure network integrity, security, and performance. Such measures shall be proportionate, transparent, and non-discriminatory.
• While TelePassport shall use reasonable endeavours to minimise disruptions, the Subscriber acknowledges that telecommunications services may be affected by factors beyond TelePassport's control, including network congestion, power failures, interference, and upstream provider failures.

• The Subscriber shall pay all charges within 30 (thirty) days of invoice.
• TelePassport may require a deposit prior to service activation or extension.
• The Subscriber shall be liable for all charges whether the Services are used or not.
• VAT will apply at the prevailing rate.
• No deductions, set-offs, or counterclaims shall be allowed except for amounts disputed in good faith.
• Interest will apply to overdue accounts at the maximum legal rate.
• The Subscriber will be liable for any industry or government levies, taxes, or tariffs.
• Administrative fees will apply in the case of legal collection action.
• Service Level Agreement (SLA) Fees. The following fees apply to maintenance services provided within and outside the agreed service level:

• After-hours or emergency call-out fees, charges for on-site visits where the fault is caused by Subscriber equipment or misuse, and charges for repair or replacement of Subscriber-damaged equipment shall be invoiced at rates as published in TelePassport's current tariff schedule, available upon request and at www.0824.na.

• Equipment remains the property of TelePassport unless expressly purchased by the Subscriber.
• Purchased equipment ownership vests in the Subscriber only after full payment and completion of the initial contract period(s).
• The Subscriber shall be responsible for safeguarding and insuring the Equipment.

• The Subscriber shall:
  • Not use the Services for unlawful purposes;
  • Comply with TelePassport's reasonable instructions;
  • Only use CRAN-approved Subscriber equipment; and
  • Avoid acts harming the System, network, or service quality.
• The Subscriber acknowledges that the Services may be affected by interference, network conditions, or other environmental factors.
• The Subscriber indemnifies TelePassport against claims, damages, and losses arising from breach of this agreement by the Subscriber.

• TelePassport shall use reasonable endeavors to provide the Services in accordance with the following service levels:
  • Network Availability: ≥ 98% uptime per calendar month (excluding scheduled maintenance);
  • Call Completion Rate: ≥ 95% for national calls; and
  • Call Quality: Mean Opinion Score (MOS) target ≥ 3.5 for VoIP services (where applicable).
• Fault Response Times:
  • Critical faults (total service outage): response within 4 hours;
  • Major faults (significant degradation): response within 8 hours;
  • Minor faults: response within 24 hours.
• TelePassport shall use reasonable endeavors to resolve faults within commercially reasonable timeframes.
• Planned maintenance shall, where reasonably practicable, be communicated at least 48 hours in advance.
• Maintenance Services. TelePassport provides the following maintenance services to Subscribers:
  • Remote technical support via telephone and email during business hours (Monday–Friday, 08:00–17:00);
  • Remote diagnostics and configuration assistance via AnyDesk Remote Desktop;
  • On-site technical support where remote resolution is not possible (subject to geographic availability and scheduling);
  • Software and firmware updates to TelePassport-managed equipment; and
  • Scheduled preventative maintenance, communicated at least 48 hours in advance where reasonably practicable.
• TelePassport shall use reasonable endeavors to notify the Subscriber of material service outages as soon as reasonably practicable.
• Where TelePassport fails to meet the QoS targets set out above, the Subscriber shall be entitled to service credits calculated as a percentage of the affected monthly service fees, as follows:
  • Availability < 98% but ≥ 95%: 5% credit
  • Availability < 95%: 10% credit
• Service credits shall be the Subscriber's sole remedy for QoS failures.
• TelePassport shall monitor and record QoS performance and shall make such information available to the Subscriber upon reasonable request.

• Except as provided in clause 7 (QoS), TelePassport shall not be liable for losses arising from service interruptions, equipment failure, or network issues.
• TelePassport shall not be liable for indirect or consequential loss.
• TelePassport's total liability shall be limited to the fees paid by the Subscriber in the preceding 3 months. This limitation does not apply to gross negligence or wilful misconduct.
• TelePassport shall not be liable for acts of its agents, dealers, or third parties.
• The Subscriber acknowledges that the Services may depend on third-party telecommunications networks. TelePassport shall not be liable for service degradation or interruption caused by such third-party providers, provided that TelePassport has taken reasonable steps to mitigate such impact.

• TelePassport may terminate services without liability to the Subscriber for:
  • TelePassport's inability to provide the service;
  • Non-payment of charges by the Subscriber;
  • Breach of agreement by the Subscriber;
  • False or misleading information provided by the Subscriber; or
  • Insolvency of the Subscriber.
• TelePassport shall provide reasonable notice prior to suspension, except in cases of fraud, network risk, or regulatory instruction.
• TelePassport may suspend services during maintenance, technical failures, or breach of this agreement by the Subscriber.
• Early termination by the Subscriber shall be subject to costs limited to:
  • any outstanding equipment subsidies; and
  • reasonable direct costs incurred by TelePassport as a result of such termination.
• TelePassport may blacklist or suspend the Subscriber in case of Subscriber breach.

• TelePassport may adjust tariffs, modify services and the System with 14 days' notice where practicable, alter Subscriber agreements as required by network operators, and/or assign or transfer rights without notice.
• If any variation materially prejudices the Subscriber, the Subscriber may terminate the agreement without penalty on written notice.

• Subscriber data may be shared with telecommunication operators for service provision.
• TelePassport shall implement reasonable technical and organisational measures to protect the Subscriber's data. Subscriber information shall be used only for service provision, billing, and regulatory compliance.
• TelePassport shall implement appropriate security safeguards and shall notify the Subscriber of any material data breach affecting Subscriber information.

• Acceptance shall only be effective after TelePassport's approval and credit check.
• Amendments will require written approval by a TelePassport Director and the Subscriber.
• Domicilium addresses are as stated on the application form.
• Force Majeure: TelePassport is not liable for acts of God, government actions, or industrial disputes affecting services.
• Complaints and Dispute Resolution: The Subscriber may lodge complaints via TelePassport's designated support channels. TelePassport shall acknowledge complaints within 2 (two) business days and endeavour to resolve complaints within 10 (ten) business days. If the Subscriber is not satisfied with TelePassport's resolution, the Subscriber may lodge a complaint directly with the Communications Regulatory Authority of Namibia (CRAN):
  • Online: www.cran.na (consumer complaint form);
  • Email: communications@cran.na;
  • Telephone: +264 61 222 666; or
  • Post: Communications Regulatory Authority of Namibia, Private Bag 13309, Windhoek, Namibia.
• Headings in this agreement are for reference purposes only.
• Certificates from TelePassport regarding amounts owed are prima facie proof of indebtedness.
• This agreement shall be governed by the laws of Namibia and subject to the Namibian Magistrate's Court jurisdiction.
• Notices via registered post, email, or fax are deemed delivered per specified timelines.
• Severability will apply if any provision is unenforceable.
• The Subscriber may not transfer the Services without TelePassport's written consent.
• TelePassport's rights will not be waived by delay or neglect.
• This agreement constitutes the entire contract between TelePassport and the Subscriber.