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NATCOM/SLONE Amended Contract

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NATCOM/SLONE Amended Contract

In August 2014, NATCOM (National Telecommunications Commission) awarded the Gateway Monitoring Contract (Service Agreement) to Slone Telecom Limited.

When Momoh Konte was appointed Chairman of NATCOM in February 2015, he insisted that, the contract must be reviewed before the Commission would endorse it.

It was as a result of Mr. Konte’s insistence that, Slone Telecom Limited agreed for the contract to be reviewed or amended.

In fact, the review did take place between NATCOM top management and Board and Slone Telecom Limited Senior Management team before the final amended text was signed by both parties on 21st August, 2015 and duly witnessed by the Chairman of NATCOM, Momoh Konte.

Without much ado, we reproduce the reviewed and amended version of the Contract or Service Agreement between NATCOM and Slone Telecom Limited for the Monitoring of the International Gateway System.

(See Doc Below)

 

NATCOM

AMENDMENTS TO THE SERVICE AGREEMENT ON THE MONITORING OF THE INTERNATIONAL GATEWAY DATED 12TH AUGUST, 2014 BETWEEN NATIONAL TELECOMMUNICATIONS COMMISSION (NATCOM) AND SLONE TELECOM LIMITED

We refer to the Service Agreement, otherwise known as the International Gateway Monitoring Contract entered into between The National Telecommunications Commission (NATCOM) AND Slone Telecom Limited dated 12 August 2014, (“International Gateway Monitoring Contract”).

Following a review of the International Gateway Monitoring Contract between the Parties in Freetown on the 21 August 2015, the following amendments to the International Gateway Monitoring Contract are hereby agreed by the Parties having considered the issues carefully and each having received legal advice.

  • Schedule 7. Monitoring Fees. A. Voice Traffic. (1) Amend by deletion of “Charge per minute to telecommunications operators/carriers or their subsidiaries or associated companies for terminating voice traffic into the Republic of Sierra Leone US$0.25 (Twenty Five Cent United States Dollars)” and replace with “Charge per minute to telecommunications operators/carriers or their subsidiaries or associated companies for terminating voice traffic into the Republic of Sierra Leone US$0.17 (Seventeen Cents (United States Cents)”.
  • Schedule 7. Monitoring Fees. A. Voice Traffic. Insert an additional sub-clause (2) Charge per minute to telecommunications operators/carriers or their subsidiaries or associated companies for voice traffic originating from the Republic of Sierra Leone US$0.05 (Five Cent (United States Dollars) per minute”
  • Schedule 7. Monitoring Fees. B. Data Traffic. Amend by deletion of “The fee (s) applicable telecommunication operators/carriers or their subsidiaries of associated companies and/or any other entity for full-duplex transmission of data traffic into the Republic of Sierra Leone shall be agreed in writing by the Parties after the execution of this Service Agreement” and replace with “The fee (s) applicable telecommunication operators/carriers or their subsidiaries or associated companies and/or any other entity for full-duplex transmission of data traffic, including without limitation mobile data; wireless data and fixed wireless data, into or out of or within the Republic of Sierra Leone shall be US$0.20 (Twenty Cent (United States Dollars) per subscriber per month”.
  • Schedule 8. Government Tariff. Amend by deletion of “US$13,200,000,000 (Thirteen Million Two Hundred Thousand United States Dollars) “and replace with “US$10,000,000,000 (Ten Million United States Dollars)”
  • Amend the definition of Commencement Date by deletion of “Commencement Date: the date of this Service Agreement” and replace with “Commencement Date: 21 August 2015”
  • Amend Clause 2.3 by the deletion of “ This Service Agreement shall take effect on the Commencement Date and shall continue for a period of 5 (Five) years and at the end of the Term shall be renewed automatically for successive periods of 5 (five) years (each a renewed term) except where one party gives twelve (12) months prior written notice of termination of this Service Agreement in accordance with its terms to the other Party which shall be given no earlier than fourteen (14) months before the elapse of the Term of the elapse of any then current Renewed Term”” and replace with “This Service Agreement shall take effect on the Commencement Date and shall continue for a period of 5 (five) years and at the end of the Term, shall be renewed for a period of 3 (three) years subject to satisfactory performance, (a “Renewed Term”)
  • Amend the definition of Term by deletion of “Term: means the period commencing on the Commencement Date and ending on the expiry of five (5) years” and replace with “Term: means the period commencing on the Commencement Date and ending on the expiry of five (5) years”.
  • Amend Clause 7.3 by the deletion of “In the event of the expiry or termination of the Service Agreement in accordance with its terms, NATCOM shall on reasonable notice provide the Service Provider reasonably requires to NATCOM’s premises and/or Third Party Premises to remove any of the Service Provider’s equipment. All such equipment shall be removed by the Service Provider within a period of 6 (six) months of such notice of termination or expiry.” and replace with “In the event of the expiry or termination of the Service Agreement in accordance with its terms, the Service Provider shall transfer the Service Provider’s equipment to NATCOM together with instructions for its use.”
  • Insert a new Clause 9.5 “Subject to the provisions of this Clause 9 in relation to GST which shall not apply to the provision of the Monitoring Platform Services, the Service Provider shall comply with all relevant tax laws in Sierra Leone.”
  1. Insert a new Clause 5.2 “The Service Provider shall provide to NATCOM the technical specifications for the equipment used by the Service Provider in the provision of the Monitoring Platform Services”.
  2. Insert a new Clause 3.11 “The provisions of Clauses 3.4; 3.5 and 3.6 and Schedule 6.1 and the actions contemplated by same are subject at all times to the provisions of the Telecommunications Acts.”
  3. Insert a new definition in the Definitions and interpretations section at clause 1.1 “Telecommunications Act means the Telecommunications Act 2006 (as amended in 2009) and the Telecommunications (Amendment) Act 2015”.

All other terms of the International Gateway Monitoring Contract shall continue to apply and to give effect to the terms of the amendments set out in this letter or agreement between the Parties.

Both NATCOM and Slone Telecom Limited have confirmed their agreement to the amendments to the International Gateway Monitoring Contract as set out above by signing below:

DATED 21ST DAY OF AUGUST 2015

Senesie Kallon

Acting Director General,

The National Telecommunications Commission

Witnessed by:

Momoh Kemoh Konte,

Chairman

The National Telecommunications Commission

 

David Navo

Director

Slone Telecom Limited

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