1. These are the terms and conditions upon which the customer may use Starlink services provided AURA Group (Private) Limited.
2. The provision of Starlink services by AURA Group (Private) Limited is subject to the additional terms and conditions by Starlink Internet Services Limited to the extent applicable herein as outlined on Starlink Internet Services Limited website www.starlink.com/legal/documents/DOC-1022-91014-56. These terms included but are not limited to:
2.1 Acceptable use Policy
2.2 Starlink Fair Use Policy
2.3 Starlink Software Licence and Usage Terms
2.4 Starlink Privacy Policy
2.5 Starlink Specifications
3. PRICE CHANGES
3.1 The Customer acknowledges that prices are subject to change from time to time upon AURA Group (Private) Limited giving 7 (seven) days notice.
3.2 Notice shall be deemed to have been served on the Customer by sending an email.
3.3 Notice shall be deemed to have been served on the Customer by sending an email to the address provided on the Service Order Form or upon publication in a newspaper of AURA Group (Private) Limited ’s choice.
4. LIMITATION OF LIABILITY AND INDEMNITY
4.1 AURA Group (Private) Limited will not be liable for usage charges incurred for any Starlink service interruptions.
4.2 AURA Group (Private) Limited its agents, directors, affiliates, members or employees shall not be responsible in any way for claims, loss or damages (either direct, indirect, consequential or otherwise), arising from Customer’s use of any AURA Group (Private) Limited product or these Services.
4.3 AURA Group (Private) Limited 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, floods or any other cause whatsoever.
4.4 AURA Group (Private) Limited shall not incur any liability for any loss or damages arising out of the provision, installation by third parties 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. However, in cases where installation is performed by an AURA Group technician, AURA Group acknowledges vicarious liability for any damage caused during such installation.
4.5 AURA Group (Private) Limited shall not be responsible for any breach, failure and, 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 AURA GROUP (PRIVATE) LIMITED Group (Private) Limited ’s control.
4.6 The Customer shall indemnify, defend, and hold harmless AURA Group (Private) Limited , its employees, agents, contractors or subcontractors, directors and affiliates, against any and all losses, claims, actions, suits, (including but not limited to costs and reasonable attorneys’ fees) and damages including but not limited to;
4.6.1 Injury, bodily or otherwise, to or death of persons;
4.6.2 Damages to or destruction of property belonging to the Customer or others claiming through the Customer;
4.6.3 Violation of any applicable laws; and
4.6.4 Any other liabilities to the extent that the same arises out of or in connection with any Party’s breach of this Agreement or any of its employees, agents, contractors or subcontractors acts, omissions or the performance of its obligations.
5. PLACE AND ADDRESS OF USAGE AND PROHIBITION OF IN-MOTION USE
5.1 The Customer agrees to use the equipment at the address(s) specified in this agreement and further agree that AURA Group (Private) Limited may suspend or terminate services without prior notice should the equipment be used elsewhere without prior notification to AURA Group (Private) Limited Group.
5.2 The Customer is prohibited from installing or using the kit on a moving vehicle or vessel unless the Group (Private) Limited had designated a specific kit model and or mount for in- motion use and has obtained authorization from the regulator (Postal and Telecommunications Regula- tory Authority of Zimbabwe “POTRAZ”).
5.3 Any contravention of this provision will void the limited warranty of the kit and will be a ground of termination of this agreement.
6. SUSPENSION OR DISCONNECTION OF THE SERVICES, TERMINATION AND CLOSURE OF THE ACCOUNT
6.1 AURA Group (Private) Limited may suspend, restrict or terminate the provision of the Services (in whole or part) or close a Customer’s account without informing the Customer and without any liability whatsoever (although, AURA Group (Private) Limited will, where possible, endeavour to inform the Customer that such action is or may be taken) under the following circumstances:
6.3.1 AURA Group (Private) Limited becomes aware or has reason to believe that the Customer’s Equipment in relation to the Services is being or has been used in an unauthorised, unlawful, improper or fraudulent manner and/or other criminal activities;
6.3.2 AURA Group (Private) Limited may terminate the agreement upon lawful request by authorities.
6.3.3 If the Customer does not comply with any of the conditions relating to the Services including these conditions of use as read with those terms and conditions that are set out by Starlink Internet Services Limited;
6.3.4 If the Customer notifies AURA Group (Private) Limited that the Customer Equipment has been lost or stolen;
6.3.5 For reasons outside of AURA Group (Private) Limited Group’s control;
6.3.6 For non-payment or where the account has been inactive for a consecutive period of 90 (ninety) days without prior arrangement in writing with Aura Group (Private) Limited.
6.3.7 AURA Group (Private) Limited will also terminate this agreement and close the Customer’s account upon receipt of the Customer’s request and in such case no refund for any advance payment will be paid by AURA Group (Private) Limited.
6.3.8 Where a Customer’s account has been suspended, disconnected or closed, any credit balance in the Customer’s account will be repaid upon the Customer producing satisfactory evidence of their identity to AURA Group (Private) Limited and within a reasonable time which does not exceed a period of one week.
7. COMMITMENT PERIOD
7.1 Notwithstanding anything contained in this agreement, the Customer hereby agrees to a minimum Commitment Period of twelve (12) months from the date of successful onboarding to the Aura Group’s dashboard.
7.2 In the event of termination before the expiration of the Commitment Period by the Customer, the Customer shall be liable for all monthly fees for the remainder of the Commitment Period.
7.3 Unless terminated in writing at least [30 days] prior to the end of the Commitment Period, this Agreement shall automatically renew under the same terms and conditions
8. NOTICES AND LEGAL PROCESS
8.1 The Customer hereby chooses the above given physical address and email address as their domicilium citandi et executandi for all notices and process at their respective undersigned addresses. Any notice of any change of address shall be made 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.
9. DISPUTE RESOLUTION AND GOVERNING
9.1 This Agreement shall be governed by, construed or otherwise interpreted in accordance with the laws of Zimbabwe.
9.2 The Parties shall comply with all applicable laws and governmental regulations. Neither Party is authorised or otherwise expected to take any action in the name of or otherwise on behalf of the other which would violate applicable laws and regulations.
9.3 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 contract or connected thereto, and in any such event, the Customer, if found liable, shall be obliged to pay Aura Group (Private) Limited costs at the legal practitioner-client scale, and any and all other costs and collection commission incidental thereto and so charged..
10. SEVERABILTY
10.1 If any provision of this agreement is held to be invalid, illegal or enforceable, the validity, legality and enforceability of the remaining provisions of this agreement shall not be affected, provided that the essence of this agreement is not changed by removal of the offending
11. ENTIRE AGREEMENT
11.1 This document constitutes the entire agreement between the parties to this agreement. No modification, amendment or waiver of any of the provisions of this Agreement shall be effective unless made in writing specifically referring to this Agreement and duly signed by the parties.
11.2 No party shall be bound by any undertakings, representations, warranties, promises other than those contained or specifically made reference to in this Agreement.
12. DATA PROTECTION TERMS AND CONDITIONS
By signing this Agreement, the Customer hereby specifically acknowledges and agrees to the following terms relating to the collection, use, processing, and storage of their personal data:
12.1 Purpose of Data Collection
The Customer acknowledges that they have been informed that their personal information is collected for the following purposes:
a) Provision of internet services
b) Customer support and technical assistance
c) Account management and billing
d) Service quality monitoring
e) Fraud detection and prevention
f) Regulatory compliance
12.2 Consent to Data Collection and Processing
By signing this Agreement, the Customer gives their explicit consent to the collection, processing, and use of their personal information by AURA Group (Private) Limited, in accordance with these Terms and Conditions, for the provision of the internet service and related activities.
12.3 Cross-Border Data Transfers
The Customer understands and agrees that AURA Group (Private) Limited is an authorized Reseller of Starlink Internet Services Limited, headquartered in the United States. As part of providing the internet service, the Customer’s personal data may be transferred, stored, and processed in the United States, or other jurisdictions with different data protection laws. By using the service, the Customer consents to these transfers and acknowledges that their data may be subject to U.S. laws and regulations.
12.4 Third-Party Processors
AURA Group (Private) Limited may engage third-party service providers to perform certain functions, such as payment processing, infrastructure hosting, and security monitoring. These service providers will have access only to the personal data necessary for their services and must comply with applicable data protection laws and our data security standards.
12.5 Data Security Measures
AURA Group (Private) Limited is committed to protecting the Customer’s personal data through appropriate technical and organizational measures, such as:
a) Data encryption during storage and transmission
b) Firewalls and intrusion detection systems
c) Regular system security assessments
d) Role-based access control to limit access to personal data
While we take reasonable steps to protect the data, the Customer acknowledges that no system can guarantee absolute security.
12.6 Retention and Deletion of Data
Personal data will only be retained for as long as necessary for the purposes outlined in this Agreement or as required by law. Upon the termination of services or at the Customer’s request, data will be securely deleted, anonymized, or retained only for legitimate legal purposes.
12.7 Data Subject Rights
The Customer has the following rights regarding their personal data:
a) Access: Request access to the personal data we hold.
b) Rectification: Correct inaccurate or incomplete data.
c) Erasure: Request deletion of personal data where legally permissible.
d) Restriction: Request that we restrict processing of their data.
e) Objection: Object to the processing of their data in certain circumstances.
These requests can be submitted by contacting Aura Group on inquiries@auragrp.com.
12.8 Withdrawal of Consent
The Customer may withdraw their consent to the processing of personal data at any time by notifying us in writing. However, withdrawal of consent may affect the Company’s ability to provide certain services, and the Customer accepts that termination of services may be necessary in such cases.
12.9 Direct Marketing
AURA Group (Private) Limited may contact the Customer with information about service updates, promotions, or other offers. The Customer may opt out of receiving direct marketing communications at any time by following the unsubscribe instructions or contacting us directly
13. MONITORING OF NETWORK USAGE
To maintain service quality and security, AURA Group (Private) Limited may monitor network usage and traffic. Monitoring will only be conducted in compliance with applicable privacy laws and for the purposes of:
a. Preventing fraud and network misuse
b. Ensuring compliance with usage policies
c. Addressing technical issues promptly
14. COOKIES AND TRACKING TECHNOLOGIES
AURA Group (Private) Limited may use cookies and similar tracking technologies on its websites or portals to enhance the Customer’s experience. The Customer can manage their cookie preferences through browser settings or as described in our Cookies Policy.
15. DISCLOSURE TO AUTHORITIES
AURA Group (Private) Limited may disclose the Customer’s personal data to law enforcement agencies, government authorities, or regulatory bodies if required by law or in good faith belief that such disclosure is necessary to:
a) Comply with legal obligations
b) Protect the Company’s legal rights
c) Prevent fraud or misuse of the service
d) Ensure the safety of users or the public
16. CUSTOMER RESPONSIBILITIES
The Customer, representing an organisation/institution, agrees to provide accurate, complete, and up-to-date information during the sign-up process and throughout the service period. The Customer is responsible for securing their account credentials and is liable for any activities conducted under their account. The Customer declares that the Starlink Kit and subscription purchased are for organisational use and will not be used for residential purposes.
17. BREACH NOTIFICATION
In the event of a data breach that compromises the security of the Customer’s personal data, AURA Group (Private) Limited will notify the Customer within 72 hours of becoming aware of the breach, in accordance with the Cyber and Data Protection Act.
18. AMENDMENTS TO TERMS AND CONDITIONS
AURA Group (Private) Limited reserves the right to modify or update these Terms and Conditions at any time. Customers will be notified of significant changes via email or other communication channels. Continued use of the service after such changes constitutes acceptance of the revised terms.
19. GOVERNING LAW AND JURISDICTION
These Data Protection Terms and Conditions shall be governed by the laws of Zimbabwe, without regard to conflict of laws principles. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts in Zimbabwe.
