Privacy Policy

This report details the comprehensive Allgemeine Geschäftsbedingungen (AGB), or General Terms and Conditions, developed for COSMA Tanzania Limited ("COSMA") to govern the use of the corporate website (www.cosma.co.tz) and the contractual provision of study-abroad consulting services. This document synthesizes COSMA's existing contractual framework, financial policies, and data protection mandates into a single, legally robust instrument designed for maximum enforceability under Tanzanian law while satisfying extraterritorial regulatory standards, specifically the European Union’s General Data Protection Regulation (GDPR).

I. Strategic Overview: Legal Synthesis and Dual Compliance Mandate

A. Foundation and Scope of the Allgemeine Geschäftsbedingungen (AGB)

These AGB establish the binding contractual relationship between COSMA Tanzania Limited and the Customer (the individual or entity purchasing services, or simply, the user of the website).1 The terms govern general website use and constitute the Universal Service Agreement for all purchased service bundles—including Admission Starter, Basic Application, Comprehensive Support, Full Service, and any additional add-on services.1

The primary purpose of centralizing these provisions is to mitigate legal and financial risk inherent in international commercial transactions by ensuring clear, written terms define the relationship.2 Acceptance of these AGB is established upon general website use, and specifically, upon the Customer accepting these terms by signing an order form or making payment for the Services.1

This document functions as the primary legal framework, incorporating by reference the Legal Notice 1, Privacy Policy 1, and Cookie Policy.1 In the event of conflicting provisions, the specific terms detailed in the Customer’s invoice or the explicit contractual terms regarding fees and outcomes (Section V) shall take precedence over general statements within the incorporated policies. The contractual term (the “Term”) begins on the date of acceptance and continues until all purchased Services have been completed, unless terminated earlier.1

B. The Dual-Jurisdiction Compliance Nexus (PDPA 2022 and GDPR)

COSMA operates under a mandatory dual compliance structure to address both its domestic legal requirements and its international service provision. The fundamental legal framework governing this Agreement is the laws and regulations of the United Republic of Tanzania.1 This domestic mandate is centered on the Personal Data Protection Act (PDPA) 2022, which came into force on May 1, 2023, along with its supplementary regulations, representing the principal data protection laws in Tanzania.1

Furthermore, COSMA is subject to the stringent requirements of the European Union’s General Data Protection Regulation (GDPR).1 This extraterritorial application is triggered because COSMA offers services—higher education consultancy in Germany—that are directed toward or involve monitoring the behavior of individuals (data subjects) within the European Union (EU) or European Economic Area (EEA).1

To ensure robust legal security and provide uniform protection to all data subjects, this policy is governed by the highest common standard required by both the PDPA and the GDPR. Adherence to these strict standards, such as the mandatory appointment of a Data Protection Officer (DPO) and the implementation of Privacy by Design principles (like pseudonymization in the Auralis support system) 1, demonstrates a strong commitment to data protection. This proactive approach ensures COSMA maintains international credibility and prepares the organization for evolving global data privacy standards, thereby strengthening its defense against potential regulatory challenges from the Personal Data Protection Commission (PDPC) or EU supervisory authorities.3

COSMA adheres to the core data processing principles derived from GDPR Article 5 and PDPA Part 4, including: Lawfulness, Fairness, and Transparency; Purpose Limitation (data collected only for explicit, specified purposes); Data Minimisation (data must be adequate, relevant, and strictly limited to necessity); Accuracy; and Storage Limitation (retention only for the necessary period or as required by law).1

II. Corporate and Regulatory Identification (The Impressum and Public Disclosure)

This section meets the mandatory legal disclosure requirements, often referred to as the Impressum, necessary under Tanzanian business regulations and European e-commerce directives. Public disclosure of these details ensures transparency and establishes clear channels for communication and accountability.

A. Mandatory Service Provider Identification (Controller)

The service provider and Controller of data processing is Cosma Tanzania Limited.1 The legal form of the entity confirms its incorporation under the Companies Act, 2002.1

The official legal and corporate identification details are formalized below, linking the physical and statutory presence of the company to its online operations:

COSMA Tanzania Limited Mandatory Legal Identification

B. Contact and Data Protection Governance

Contact for general inquiries is provided via the official email address: info[at]cosma.co.tz.1

For matters concerning personal data processing and data subject rights, the organization has designated a Data Protection Officer (DPO). The mandatory appointment of a DPO is required under Section 27(3) of the Tanzanian PDPA.1 The DPO is responsible for overseeing that all necessary control and security measures are in place to protect collected data and maintain regulatory compliance.1 This commitment aligns with the GDPR's Accountability Principle (Article 5(2)).1 The designated DPO contact email is wanjiru.mwaura[at]cosma.co.tz.1

The explicit, integrated publication of the DPO's contact information within these AGB provides data subjects with a clear and enforceable channel to exercise their privacy rights (such as access, rectification, or deletion), thereby centralizing compliance management and mitigating the risk of data subject complaints escalating through general contact channels.

III. General Website Usage Terms (IP, Disclaimers, and Third Parties)

These terms apply to all visitors browsing www.cosma.co.tz and govern the rights and responsibilities related to content, intellectual property, and external information.

A. Copyright and Intellectual Property

The content and works created by Cosma Tanzania Limited on the website pages are the proprietary property of COSMA and are subject to Tanzanian copyright law and international intellectual property conventions.1 This strong assertion of ownership is a critical defensive measure, as COSMA’s primary business asset is its specialized knowledge, documentation, and consulting expertise, especially concerning application guides and templates for German universities.

Duplication, processing, distribution, or any form of commercialization of such material that extends beyond the scope of applicable copyright law requires the prior written consent of Cosma Tanzania Limited.1 Downloads and copies of these pages are strictly permitted only for private, non-commercial use.1 This explicit restriction is intended to minimize legal exposure from clients or competitors attempting to misuse or redistribute COSMA's confidential consulting resources without a proper license.

B. Liability and Content Disclaimer

COSMA makes every effort to ensure the information provided on the website is current, accurate, and complete. However, Cosma Tanzania Limited accepts no liability for the topicality, accuracy, or completeness of the general content provided.1 Claims for liability regarding damage caused by the use of any information, including information that is incomplete or incorrect, will be rejected.1

The website contains links to external websites operated by third parties. COSMA has no control or influence on the contents of these external sites and, consequently, cannot assume any guarantee or responsibility for the content accessed via external links.1 The respective provider or operator of the linked pages is solely responsible for their content. The linked pages were checked for possible legal violations at the time of linking, but continuous monitoring of external content is not feasible without concrete evidence of a violation of law.1 Upon notification of violations, COSMA will remove such links immediately.1

IV. Contractual Terms for Services (Universal Service Agreement Integration)

This section details the specific terms, obligations, and scope that become legally binding when a Customer purchases a Service Bundle or Add-On Services from COSMA.

A. Definitions and Terminology

Key terms that govern the Service Agreement include:

• Services: The study-abroad consulting and support services provided by COSMA as part of a Service Bundle or as Add-On Services, as specified precisely in the Customer’s invoice.1 Services may encompass university admission assistance, visa application support, document processing, and related guidance.1
• Service Bundle: A pre-defined package of Services (such as Admission Starter, Basic Application, Comprehensive Support, or Full Service) that the Customer selects.1
• Add-On Services: Any additional services or options (e.g., airport pickup, extra language training) requested by the Customer that are not standard components of a Service Bundle, as listed in the invoice if purchased.1
• Fees: The compensation payable by the Customer to COSMA for the Services, as defined in the invoice.1
• Disbursements: Any reasonable out-of-pocket expenses incurred by COSMA on behalf of the Customer during the performance of the Services, including but not limited to government or embassy fees, translation charges, courier costs, or similar third-party costs, which are not already included in the Fees.1

B. Scope of Services and Selective Applicability

COSMA agrees to provide the Customer only with those Services corresponding to the Service Bundle and any Add-On Services explicitly ordered and detailed in the Customer’s invoice.1 The overall range of services offered by COSMA is extensive and includes:

1. University Admission Assistance: Guidance and assistance in applying to accredited German universities, aiming to secure at least one admission offer for an eligible Customer.1
2. Visa Application Support: Guidance through the student visa application process, including form completion, document review, and interview preparation.1
3. Blocked Account Assistance: Guidance on setting up the mandatory blocked account with a recognized financial institution.1 The Customer is solely responsible for providing the necessary funds.1
4. Travel and Flight Coordination: Coordination of a one-way economy-class airline ticket from Tanzania to Germany after visa approval, if included in the package.1
5. Health Insurance Enrollment: Facilitation of enrollment in a German public health insurance plan or assistance in obtaining the necessary policy.1
6. Accommodation Search Assistance: Provision of guidance, resources, or referrals for securing student accommodation. The Customer acknowledges COSMA is not a real estate agent and is solely responsible for reviewing and signing rental agreements.1
7. Post-Arrival Registration Support: Guidance on fulfilling important post-arrival obligations in Germany, such as city registration (Anmeldung) and applying for a residence permit.1

The critical constraint applied here is Selective Applicability. The general descriptions of services listed in the AGB (Section 3 of the Universal Service Agreement) do not obligate COSMA to provide services that were not selected and purchased by the Customer as detailed in the corresponding invoice.1

Summary of COSMA Service Bundle Components

C. Fees, Payment, and Invoicing

The Fees for the Services are specified in the Customer's invoice and may be quoted in Euros or Tanzanian Shillings.1 Where Fees are quoted in a foreign currency and payment is made in Tanzanian Shillings, the conversion is applied at a reasonable exchange rate, such as the Stanbic Bank Client exchange rate (Euro Sell) on the date of payment.1 The Customer is responsible for any applicable taxes, duties, or government levies, unless otherwise stated.1

The standard payment schedule requires the Customer to pay a 50% deposit of the total Fees at the commencement of the Services (i.e., upon signing the order or invoice). The remaining 50% balance is payable upon the completion of a significant milestone, such as the Customer receiving an admission letter or securing visa approval.1

This phased payment structure, tied directly to key performance milestones, serves as a mechanism to strategically align COSMA’s financial commitments with successful service delivery. The initial deposit secures payment for the intensive, resource-heavy work required at the start of the process (e.g., initial advising, document review, application preparation), while delaying the final payment provides an incentive for COSMA to pursue the core outcome goals efficiently.

The Customer must also reimburse COSMA for any necessary Disbursements incurred on their behalf, such as third-party translation fees, government visa application fees (if not prepaid in the bundle), or certification costs.1 COSMA will inform the Customer of anticipated Disbursements in advance whenever possible and provide receipts upon request.1 Failure to pay any undisputed invoice amount by the due date grants COSMA the right to suspend the performance of Services or terminate the Agreement.1

V. Financial Guarantees, Refunds, and Non-Refundability

This section merges the general principles of financial transaction management with the specific contractual refund mechanisms tied to service outcomes.

A. Principle of Non-Refundability

The Services provided constitute a customized consulting package, meaning Fees are generally non-refundable except as explicitly detailed in the Agreement or required by law.1

Payments for services that have already been successfully processed, confirmed, or allocated to completed transactions are deemed final and non-refundable.1 If the Customer unilaterally decides to cancel the Services before completion without cause, any deposit or fees already paid shall be forfeited to COSMA to cover work performed and costs incurred.1 This forfeiture also applies to administrative charges, consultation fees, or other non-refundable components specified in the contract or invoice, as these represent time, expertise, and resources already expended by COSMA.1

Refunds are granted only under specific circumstances, such as a technical or operational error resulting in an excess or duplicate transfer of funds, or if the payment was cancelled before completion and settlement by the receiving financial institution.1

B. Specific Contractual Refund Guarantees (Admission and Visa)

The general non-refundability principle is subject to two specific outcome-based refund guarantees explicitly provided in the Universal Service Agreement:

1. Admission Guarantee Refund (63.5%): If the Service Bundle included university admission assistance and COSMA fails to obtain any admission offer for a Customer who was deemed academically eligible (i.e., meeting the academic and language requirements of the targeted programs and providing all necessary documents), COSMA will refund 63.5% of the Service Bundle fee paid by the Customer.1 This targeted refund mechanism operates as a guaranteed reimbursement for the portion of the fee directly attributable to the admission processing service.
2. Visa Rejection Refund (20%): If the Service Bundle included visa application support and the Customer’s student visa application is ultimately rejected by the German authorities despite proper completion and submission, COSMA will refund 20% of the total Service Bundle fee paid.1 This refund recognizes that a visa denial prevents the completion of the study-abroad process, even if COSMA's preparation services were substantially performed.1

Crucially, these guarantees are voided if the negative outcome (admission failure or visa rejection) is caused by the Customer’s breach, including misrepresentation, failure to follow COSMA’s guidance, or failure to attend required appointments.1 This contractual clarity resolves potential ambiguities between the general non-refundable policy and the outcome-based guarantee, establishing the specific refund percentages as the exclusive remedy for failure-to-perform scenarios not attributable to customer fault.1

C. Financial Authority and Process

The sole authorized person to initiate, approve, or cancel payment transactions made on behalf of COSMA is the Digital Payment Officer (DPO), acting in consultation with the Finance Department and under the supervision of the Managing Director.1

Once a refund request is duly verified and approved, the DPO processes the refund exclusively through the original mode of payment used for the transaction.1 Approved refunds shall be completed within five (5) to ten (10) business days from the date of written management approval.1 Upon successful completion, the Company shall notify the payer in writing, confirming the refund details and completion date.1

Specific Refund Scenarios

VI. Customer Obligations, Data Consent, and Fraud Prevention

The efficient delivery of COSMA’s specialized Services relies heavily on the Customer’s proactive cooperation and adherence to stringent legal requirements.

A. Customer Obligations and Ethical Conduct

The Customer agrees to fulfill several key obligations essential for the successful completion of the study-abroad process:

1. Accuracy of Information: The Customer must provide true, accurate, and complete personal information, academic records, and documents.1 Submission of any fraudulent or forged documents by the Customer constitutes a material breach of this Agreement, resulting in immediate termination without refund, and potential legal consequences.1 This measure is a zero-tolerance policy against unethical or illegal practices.1
2. Timely Cooperation: The Customer must cooperate fully, promptly responding to COSMA’s communications, and providing necessary information, documents, or decisions required for processing applications.1
3. Financial Responsibility: The Customer is solely responsible for arranging and providing all necessary funds outside the scope of COSMA’s fee, including maintaining the required minimum balance in the blocked account and paying university tuition or semester fees.1
4. Immigration Compliance: The Customer must comply with all immigration laws and regulations of the destination country (Germany), including preparing for and attending all required visa interviews and appointments.1

B. Explicit Consent for Sensitive Data Processing (PDPA Sec. 30 / GDPR Art. 9)

To process applications for university admission and student visas, COSMA is required to collect comprehensive personal data, including information classified as Special Categories of Personal Data under PDPA (Sec. 30) and GDPR (Art. 9).1 This data includes health information (proof of insurance) and biometric data (passport photos for visa applications).1

The primary legal basis for core processing (e.g., application submission) is Contractual Necessity (GDPR Art. 6(1) lit. b).1 However, the processing of sensitive categories of data requires the supplementary legal basis of Explicit Written Consent.1 Acceptance of these AGB by the Customer contractually formalizes this explicit consent for the collection and processing of all required academic, financial, health, and biometric data strictly for the purposes of delivering the contracted Services.1

This mechanism mitigates the primary legal risk associated with handling high-risk data necessary for German visa applications. By embedding the consent directly within the binding contract, COSMA adheres to the highest legal standard (written and explicit) required by both the PDPA and the GDPR, thus reinforcing the lawfulness of processing.1

Data collected is retained for the duration of the contractual relationship. Due to mandatory retention requirements under German commercial law (HGB, AO) and Tanzanian law for business records, documents related to contract execution, accounting, and tax compliance are retained for up to ten (10) years following the end of the calendar year in which the contract ended.1

C. International Data Transfer Safeguards

COSMA utilizes various global service providers (e.g., Google Analytics, Zendesk, Yandex Metrics), which necessitates transferring the Customer’s personal data outside of Tanzania and the European Economic Area (EEA) to third countries, including the United States and the Russian Federation.1

Since both the USA and the Russian Federation are generally considered non-adequate jurisdictions by EU standards, COSMA ensures these transfers are secured by contractual safeguards:

• USA Transfers (Google, Zendesk): Transfers rely on either the EU-U.S. Data Privacy Framework (DPF) or Standard Contractual Clauses (SCCs).1
• Russian Federation Transfers (Yandex Metrics): This transfer requires specific notification and relies solely on the Customer’s Explicit Consent in addition to the use of SCCs, thus fulfilling the specific legal requirements of both GDPR and PDPA Section 32 concerning transfers to non-adequate jurisdictions.1

By using techniques like IP address pseudonymization (e.g., using the _anonymizelp() extension for Google Analytics) 1, COSMA translates the abstract legal requirement of data minimization into concrete, operational processes, thereby strengthening the security posture of these necessary cross-border transfers.

International Data Transfer Compliance

VII. Cookie Policy and Digital Consent Management

This section establishes COSMA’s policy regarding the use of cookies and similar tracking technologies on www.cosma.co.tz, ensuring compliance with both GDPR and the ePrivacy Directive.

A. Categorization and Legal Basis for Tracking Technologies

COSMA employs a layered approach to tracking technologies, distinguishing between essential and non-essential cookies:

1. Strictly Necessary and Functional Cookies: These cookies (e.g., session_id, frontend_lang) are essential for the technical functionality, security, and integrity of the website, enabling features like session management and language preferences.1 The processing of data via these cookies is based on COSMA's Legitimate Interest (GDPR Art. $6(1)(f))$ in operating a secure and accessible online presence and is exempt from explicit consent under the ePrivacy Directive.1
2. Non-Essential Cookies: This category includes Analytics (e.g., Google Analytics GA4, Yandex Metrics) and Marketing/Targeting cookies (e.g., utm_campaign, gads).1 These are used for statistical analysis, marketing, or tracking user behavior across websites.1 For all non-essential cookies, the legal basis is Explicit Consent (GDPR Art. $6(1)(a))$, which must be obtained before placing the cookie on the user's device.1

COSMA utilizes a layered analytics strategy. While Google Analytics requires consent and uses pseudonymization techniques (like _anonymizelp()) 1, COSMA also employs Plausible.io. Plausible.io is a privacy-focused tool that does not use cookies or track personal data or unique identifiers.1 Processing via Plausible.io is entirely anonymous and relies on the legal basis of Legitimate Interest (GDPR Art. $6(1)(f))$ for site optimization, meaning no user consent is required for this specific service.1 This strategic choice ensures COSMA retains access to fundamental, anonymous usage data for operational improvements even if users reject non-essential cookies.

Legal Basis for Cookie and Tracking Technologies

B. Consent Management and Withdrawal

Users have the right to withdraw their consent for non-essential cookies at any time.1 This is primarily managed via the Consent Management Platform (CMP), accessible through the "Manage Cookies" link provided on the website footer or banner.1 The CMP allows users to accept or reject cookies by specific category.

In addition to the CMP, users can manage cookie settings directly in their web browser, enabling actions such as blocking third-party cookies, blocking all cookies, or clearing them upon browser closure.1 Users are advised that disabling essential cookies may impact the functionality and performance of the COSMA website.1

VIII. Disclaimers, Liability, Indemnification, and Force Majeure

This section defines the limits of COSMA’s responsibility and liability, particularly for outcomes outside its direct control, and establishes the protective legal framework for unforeseen events.

8.1. No Guarantee of Outcomes

The Customer acknowledges that COSMA commits to providing the Services in a professional and diligent manner, but it does not and cannot guarantee any specific outcome that is outside of COSMA’s direct control.1 This includes making no promise or warranty that the Customer will achieve a particular result, such as admission to a specific university, successfully obtaining a visa, passing language exams, or securing employment.1 All admissions decisions are made by independent educational institutions, and all visa decisions are made by the relevant government authorities.1 The Customer’s own qualifications, efforts, and third-party decisions significantly influence the ultimate results.1

8.2. Limited Warranty on Services

COSMA warrants that it will perform the Services with reasonable skill, care, and in accordance with generally accepted industry practices for educational consulting services.1 In the event of any material deficiency in the Services caused by COSMA’s failure to exercise such care and skill, the Customer’s sole and exclusive remedy is either (a) COSMA’s re-performance of the deficient Services at no additional cost (if feasible), or (b) a refund of that portion of the Fees attributable to the deficient Services, at COSMA’s discretion.1

8.4. Limitation of Liability

To the fullest extent permitted by Applicable Law (the laws of the United Republic of Tanzania), COSMA’s maximum total liability to the Customer for any and all claims, losses, or damages arising out of or relating to this Agreement or the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed fifty percent (50%) of the total Fees actually paid by the Customer under this Agreement.1

This defined financial cap is a critical risk management strategy for an international consulting business, ensuring COSMA’s maximum exposure is proportional to the revenue generated from the specific Customer.

Furthermore, in no event shall COSMA be liable to the Customer for any indirect, special, incidental, or consequential damages of any kind, including but not limited to lost profits, lost opportunities, loss of academic or career prospects, or additional expenses, even if advised of the possibility of such damages.1 COSMA shall not be liable for any failure or delay in performance caused by any Force Majeure event as described below.1

8.5. Indemnification

The Customer shall indemnify and hold harmless COSMA, its directors, employees, and agents from and against any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from third-party claims due to the Customer’s breach of this Agreement, willful misconduct, or violation of law.1 This includes, but is not limited to, claims arising from the misuse of a student visa or providing false information to educational institutions or government authorities.1 This indemnity obligation is designed to protect COSMA from liability stemming from the Customer’s fraudulent or negligent actions, a necessary protection given the high-stakes, regulatory nature of the services provided.

9. Force Majeure

Neither COSMA nor the Customer shall be liable for any failure or delay in fulfilling their obligations (excluding payment obligations) if such failure or delay is caused by an event of Force Majeure.1 A Force Majeure event is defined as any event or circumstance beyond the reasonable control of a Party that makes performance impossible or impracticable, and which could not have been prevented by exercising due diligence.1

Force Majeure events include, but are not limited to, natural disasters (fire, flood), war, civil commotion, acts of public enemies, national emergencies or government orders, epidemics or pandemics, or quarantine restrictions.1

If the Force Majeure event continues for an extended period, such as more than sixty (60) days, either Party reserves the right to terminate the Agreement upon written notice to the other Party, without liability, provided that payment for Services rendered and liabilities accrued before the event shall subsist.1

IX. Governing Law and Dispute Resolution

This section establishes the exclusive legal and procedural framework for resolving disputes, ensuring predictability and limiting exposure to foreign litigation.

10.1. Governing Law

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by and construed in all respects in accordance with the laws of the United Republic of Tanzania.1

10.2. Mandatory Binding Arbitration

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, the Parties shall first attempt in good faith to resolve the matter amicably.1

If an amicable resolution cannot be reached within a reasonable time, the dispute shall be finally settled by mandatory binding arbitration in Dar es Salaam, Tanzania, in accordance with the Arbitration Act (Cap 15 R.E. 2020) and the applicable Arbitration (Rules of Procedure) Regulations, 2021.1

The arbitration shall be conducted in English.1 The tribunal shall consist of a single arbitrator appointed by mutual agreement of the Parties. If agreement on the arbitrator is not reached within thirty (30) days, the arbitrator shall be appointed by the appropriate appointing authority in Tanzania pursuant to the applicable rules.1

The arbitral award shall be final and binding on both Parties, who expressly waive any rights of appeal or review of the award, to the extent permitted by Applicable Law.1

This provision is a cornerstone of COSMA's international risk management strategy, effectively centralizing the legal forum within Tanzania, which significantly reduces the cost and complexity associated with potential foreign litigation.2

10.4. Interim Relief

Notwithstanding the mandatory arbitration clause, either Party may seek interim or provisional relief, such as an injunction, from a competent court in Tanzania at any time, if necessary to protect its rights or property, before or during the arbitration proceedings.1

10.5. Dispute Resolution Process for Refunds

Any disputes or grievances specifically relating to payment cancellations or refunds must first be addressed in writing to COSMA’s Finance Department.1 The Finance Department, in collaboration with the Digital Payment Officer, shall review the dispute and communicate a resolution within ten (10) working days.1 If the matter remains unresolved, it shall be escalated to the Managing Director, whose decision is final and binding within the Company’s internal administrative framework.1 This internal resolution mechanism does not, however, limit the right of either party to seek legal remedy under the governing Tanzanian law.1

X. Entire Agreement and Miscellaneous Provisions

13.1. Entire Agreement and Modification

This Agreement, together with the Customer’s invoice or service order and any incorporated documents (including the Privacy and Cookie Policies), constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, arrangements, negotiations, and understandings.1 The Customer acknowledges that no reliance has been placed on any statement, representation, warranty, or promise not expressly set out in this Agreement.1 Any amendment or modification to this Agreement must be in writing and signed by both Parties.1

13.2. Severability

If any provision of this Agreement is held by a competent court or tribunal to be invalid, illegal, or unenforceable, that provision shall be deemed deleted or modified to the minimum extent necessary to make it valid and enforceable.1 If such deletion or modification materially alters the nature or intent of this Agreement, the Parties shall negotiate in good faith alternative provisions to restore the intended balance of rights and obligations.1 All other provisions of this Agreement shall remain in full force and effect.1

13.5. Independent Contractor Status

COSMA is defined as an independent contractor in relation to the Customer.1 Nothing in this Agreement is intended to establish any partnership, joint venture, fiduciary, employment, or agency relationship between COSMA and the Customer.1 Neither Party is authorized to act as agent for, or to bind, the other Party in any way.1

13.7. Language

This Agreement is drafted in the English language, which shall be controlling in all respects.1 If this Agreement, or any portion thereof, is translated into any other language, the English version shall prevail to the extent of any inconsistencies or ambiguities.1 All communications and arbitral proceedings shall be conducted in English.1

Works cited

1. Universal Service Agreement (COSMA)
2. International Commercial Transactions Standard Terms and Conditions | Stimmel Law, accessed November 16, 2025, https://www.stimmel-law.com/en/articles/international-commercial-transactions-standard-terms-and-conditions
3. GDPR Certification in Tanzania | Secure Your Data - Factocert, accessed November 16, 2025, https://factocert.com/what-are-the-key-steps-to-obtaining-gdpr-certification-in-tanzania/