This document outlines the terms and conditions for Safaricom postpay mobile voice and data bundles. Key points include:
- Definitions for terms like charges, connection, content, force majeure, and services.
- The agreement commences once the customer is connected and continues until terminated.
- Customers cannot use services for illegal or fraudulent purposes or to transmit offensive content.
- Safaricom does not guarantee continuous fault-free service due to factors outside its control.
- Charges are outlined in the tariff guide and are subject to applicable taxes. Unused bundled minutes, SMS, or data expire monthly.
This document outlines the rules and conditions for a Class II license to provide additional public telecommunication services in Oman. It includes definitions of key terms, general provisions, license fees and durations, and specific conditions regarding quality of service, customer obligations, tariffs, and more. The license allows the provision of additional services, subject to approval by Oman's telecommunications regulatory authority, and is granted for an initial period of five years, renewable according to regulations.
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This document outlines the terms of a service level agreement between Blackbaud, a software and hosting company, and its client. Key points include:
- Blackbaud will provide hosting and email services for the client's licensed Blackbaud applications.
- Blackbaud commits to 99.9% uptime and offers refunds for downtime above thresholds.
- Blackbaud backs up client data on various schedules and will provide backups upon request.
- The client is responsible for maintaining software licenses and providing connectivity to access the hosted applications.
Ultragreen- depuración biológica membranas planas de ultrafiltracionDegrémont
Garantiza un agua de calidad superior a las normas más exigentes, incluso encaso de fuertes variaciones estacionales. Utiliza membrans planas de ultrafiltración. Recomendado para instalaciones de hasta 100.000 HE
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This document is a service level agreement between Spectranet Limited, an internet service provider in Nigeria, and a customer. It outlines the key terms of the agreement, including definitions of terms, scope of services provided, service level commitments around metrics like latency, packet loss and network availability, as well as terms around billing, maintenance and dispute resolution. The SLA aims to provide the customer with a premium level of internet connectivity and network reliability.
This document is an end user license agreement (EULA) for installing software. It outlines the terms of the license, including that by installing the software you agree to be bound by the EULA. The EULA specifies that the software is owned by the company, limits the user's rights in using the software, disclaims warranties, and limits the company's liability. It also covers the user's responsibilities, transferring of licenses, termination of agreements, and various other legal terms.
Dedicated, Shared and Virtual Server Hosting Terms and Conditionswebhostingguy
This document outlines the terms and conditions for netXtra Limited's dedicated, shared, and virtual server hosting services. It defines key terms related to hosting and describes netXtra's obligations to provide hosting services with 99.5% uptime. It also outlines the customer's obligations not to violate laws or netXtra's acceptable use policy. The document discusses financial terms, confidentiality, non-solicitation between parties, and limitations on warranties and liability.
This software as a service agreement outlines the terms for a customer to use a supplier's web and software applications as a subscription service. Key points include: the customer purchases user subscriptions that allow authorized users to access the services and documentation; the supplier retains ownership of the software and services; fees are charged on a monthly basis based on the number of user subscriptions; the contract details each party's rights and responsibilities regarding use of the services, support, proprietary rights, liability, term and termination.
This document contains a sign up form and terms and conditions for fibre internet services offered by Sonic Telecoms. It lists various capped and uncapped fibre packages with different speeds and data allowances, along with the monthly rates. It also outlines service level agreements for different priority levels on the network. The terms and conditions section covers topics such as payment terms, charges, use of customer premise equipment, liability, and termination conditions.
This document outlines the rules and conditions for a Class II license to provide additional public telecommunication services in Oman. It includes definitions of key terms, general provisions, license fees and durations, and specific conditions regarding quality of service, customer obligations, tariffs, and more. The license allows the provision of additional services, subject to approval by Oman's telecommunications regulatory authority, and is granted for an initial period of five years, renewable according to regulations.
Blackbaud Hosting Service Level Agreementwebhostingguy
This document outlines the terms of a service level agreement between Blackbaud, a software and hosting company, and its client. Key points include:
- Blackbaud will provide hosting and email services for the client's licensed Blackbaud applications.
- Blackbaud commits to 99.9% uptime and offers refunds for downtime above thresholds.
- Blackbaud backs up client data on various schedules and will provide backups upon request.
- The client is responsible for maintaining software licenses and providing connectivity to access the hosted applications.
Ultragreen- depuración biológica membranas planas de ultrafiltracionDegrémont
Garantiza un agua de calidad superior a las normas más exigentes, incluso encaso de fuertes variaciones estacionales. Utiliza membrans planas de ultrafiltración. Recomendado para instalaciones de hasta 100.000 HE
Specranet SLA for all customers requiring internet servicesRaymondSmith96
This document is a service level agreement between Spectranet Limited, an internet service provider in Nigeria, and a customer. It outlines the key terms of the agreement, including definitions of terms, scope of services provided, service level commitments around metrics like latency, packet loss and network availability, as well as terms around billing, maintenance and dispute resolution. The SLA aims to provide the customer with a premium level of internet connectivity and network reliability.
This document is an end user license agreement (EULA) for installing software. It outlines the terms of the license, including that by installing the software you agree to be bound by the EULA. The EULA specifies that the software is owned by the company, limits the user's rights in using the software, disclaims warranties, and limits the company's liability. It also covers the user's responsibilities, transferring of licenses, termination of agreements, and various other legal terms.
Dedicated, Shared and Virtual Server Hosting Terms and Conditionswebhostingguy
This document outlines the terms and conditions for netXtra Limited's dedicated, shared, and virtual server hosting services. It defines key terms related to hosting and describes netXtra's obligations to provide hosting services with 99.5% uptime. It also outlines the customer's obligations not to violate laws or netXtra's acceptable use policy. The document discusses financial terms, confidentiality, non-solicitation between parties, and limitations on warranties and liability.
This software as a service agreement outlines the terms for a customer to use a supplier's web and software applications as a subscription service. Key points include: the customer purchases user subscriptions that allow authorized users to access the services and documentation; the supplier retains ownership of the software and services; fees are charged on a monthly basis based on the number of user subscriptions; the contract details each party's rights and responsibilities regarding use of the services, support, proprietary rights, liability, term and termination.
This document contains a sign up form and terms and conditions for fibre internet services offered by Sonic Telecoms. It lists various capped and uncapped fibre packages with different speeds and data allowances, along with the monthly rates. It also outlines service level agreements for different priority levels on the network. The terms and conditions section covers topics such as payment terms, charges, use of customer premise equipment, liability, and termination conditions.
This agreement outlines the terms for Dynamic Concepts Inc. to provide dedicated server hosting services to a customer. Key points:
- Dynamic will provide physical server space in their data center, limited physical access to the customer's server, and internet connectivity.
- The customer is responsible for the operation and stability of their applications and server. Dynamic assumes no responsibility for data loss.
- The customer must abide by Dynamic's policies and not use the server for illegal activities like spamming or hacking. Excess bandwidth use will incur fees.
- The customer pays setup and monthly hosting fees. Dynamic can suspend services for unpaid invoices. Either party can terminate the agreement with notice.
This software license agreement governs the use of any Softnyx software. By installing or using the software, the user agrees to be bound by the terms of the license, which grants a non-exclusive license for non-commercial use on personal computers. The license prohibits modification of the software, limits liability, and can be terminated by the user destroying all copies of the software.
This document is an end user license agreement (EULA) for installing software. It states that by installing the software, the user agrees to be bound by the terms of the EULA. The EULA grants a limited license to use one copy of the software for personal use. It specifies ownership of intellectual property rights and responsibilities and restrictions on the user, such as prohibitions on copying, modifying, or distributing the software. The EULA also covers termination, export controls, technical support, online components, limited warranty, and limitation of liability.
This document is an end user license agreement (EULA) for the SpringSource Tool Suite software. It grants the licensee a non-exclusive, non-transferable license to use the software for non-production purposes only. The licensee cannot copy, modify, reverse engineer or redistribute the software. VMware owns all intellectual property rights to the software. The licensee must keep the software and any confidential information from VMware private and secure. VMware provides no warranty and its liability is limited to the license fees paid.
This document is a legal agreement for installing and using Cingular Communication Manager software and Wi-Fi service. It outlines terms for a single-user license to use the software for personal use only. The software is provided "as is" without warranties, and Cingular's liability is limited to the greater of the purchase price or $100. The agreement also specifies data collection, termination conditions, export compliance, and that New York law governs the agreement.
Cloud computing provides on-demand access to IT resources and applications via the internet. There are three main types of cloud services - Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS). Moving to the cloud introduces some legal challenges regarding data privacy and security, governing laws and jurisdiction, and intellectual property rights. When negotiating cloud contracts, users should address issues such as data storage locations, security measures, intellectual property ownership, service level agreements, liability, termination terms, and governing law. Careful contract drafting and negotiation can help mitigate risks and ensure legal requirements are met when using cloud services.
Cloud computing contracts often contain complex terms and conditions that govern the relationship between the customer and cloud service provider. These contracts frequently give broad rights to the cloud provider to access, use, and share customer data in ways that the customer may not expect. They also typically disclaim responsibilities of the provider for securing customer data and limit the provider's liability. It is important for customers to carefully review cloud contracts to understand their rights and the obligations of the provider.
This document outlines the terms and conditions of an agreement between a customer and Pakistan Mobile Communications Limited (PMCL) for the provision of telecommunications services. It defines key terms, specifies that PMCL will connect the customer's equipment to its cellular system and provide service, and establishes charges payable by the customer including fees, taxes, and a credit limit. The customer is responsible for making timely payments and proper use of SIM cards. The agreement remains in effect for one month unless terminated earlier and either party can terminate with one month notice. It also outlines liabilities, provisions for changes to terms, and arbitration procedures.
This document is an end-user license agreement (EULA) for Articulate software. It states that by installing or using the software, the user agrees to the terms of the EULA without modification. The EULA grants the user a nonexclusive license to use one copy of the software for internal business purposes only. It also places limitations on the user's rights regarding the software and its confidentiality. The EULA disclaims all warranties and limits liability for the software or any issues arising from its use. Upon termination of the agreement, all rights to use the software cease and the user must destroy all copies.
C:\Documents And Settings\Administrator\Desktop\Shadi Aaa99 E30 Gtguest6abfd9
This document contains the terms and conditions for an internet service subscription with Zain in Jordan. It outlines the customer's personal and contact information, including their username and password for the service. The terms and conditions document defines key terms, describes the FOC WiMax up to 2.4Mbps internet service with a 10GB quota, and outlines the obligations of both the service provider (Zain) and the customer. It addresses issues such as service quality, fees, responsibilities, acceptable use policies, and other legal terms of the agreement.
Dan glover casl computer software_mc_t_lexpertbsookman
This document summarizes Canada's Anti-Spam Law (CASL) and its provisions regarding the installation of computer programs. CASL prohibits the installation of programs on others' devices without consent. It applies broadly to programs, apps, and software updates installed on devices located in Canada or controlled from Canada. Obtaining valid consent requires clearly disclosing the program's purpose and allowing users to consent separately to installation and marketing communications. Stricter disclosure is needed for programs resembling malware/spyware. The document questions how CASL applies to various scenarios and devices, how consent can be managed for pre-installed programs, and what constitutes valid written consent.
This document is an equipment sales agreement between a company and customer. It details the sale of equipment, including price, delivery details, warranties, limitations of liability, and other legal terms. The company agrees to sell equipment to the customer and provide a warranty for defects for a set period of time, while limiting their liability to the purchase price. It also includes nondisclosure terms regarding confidential information shared between the parties.
Electronic Transactions Law - Lecture 3: contractsCaroline B Ncube
This document discusses electronic contracts under South African law. It covers:
1) The essential requirements for a valid contract and how they apply to electronic contracts.
2) The reception theory which determines when electronic contracts are formed based on when messages are sent and received.
3) Different types of online agreements like shrinkwrap, clickwrap, and browsewrap contracts and when their terms can be considered binding.
4) Automated transactions under the Electronic Communications and Transactions Act and situations where agreements formed through electronic agents may not be enforceable.
This document describes release notes and terms of use for CADWorx Plant Professional software. It provides fixes and improvements to database sync performance, legacy keywords, specification editor size range list synchronization, and OAL handling for modeling router. The document also outlines copyright, license agreement terms, limitations of liability, export controls, and trademarks related to the software.
This document summarizes key aspects of the 2008 amendments to India's Information Technology Act, including newly added cybercrimes and strengthened government interception powers. It notes the amendments aim to make the law technology neutral and defines cyber terrorism, adding offenses like identity theft and phishing. The amendments impact corporate India by increasing liability for data breaches and requiring intermediaries to exercise due diligence. The presentation encourages companies to implement cybersecurity practices and conduct a due diligence program to limit legal exposure under the new law.
This document is an agency agreement between Dependable Global Express, Inc. (DGX) and Safina Logistics (Safina) to establish Safina as the agent of DGX in Safina's territory. The agreement outlines the services to be provided, such as customs clearance, air and ocean consolidation, and forwarding. It details the obligations of each party, including maintaining facilities, insurance, regulatory compliance, and financial reporting. The agreement also establishes terms for profit sharing, settlements, claims handling, and contains non-compete clauses.
This document contains the terms of service for a free public WiFi network provided by F-Secure. It describes the service as providing internet access via WiFi or wired connection. It warns users that public WiFi has security risks and recommends users take precautions. The terms state that F-Secure may modify or discontinue the service at any time. It disclaims all warranties and limits liability. It also includes a clause requiring users to relinquish their first born child to F-Secure.
This presentation will highlight the key legal issues associated with cloud computing and some implementation methods for minimizing or mitigating those risks.
There are numerous legal issues in cloud computing like operational, legislative or regulatory, security, third party contractual limitations, risk allocation or mitigation, and jurisdictional issues. Security, privacy and confidentiality remain the biggest concern for the data owner, as when the data is stored on the cloud the same might be accessible to multiple users. There is concern for its safety and protection of valuable data and trade secrets. Then there are intellectual property issues regarding ownership of and rights in information and services placed in the cloud.
This agreement outlines the terms for Dynamic Concepts Inc. to provide dedicated server hosting services to a customer. Key points:
- Dynamic will provide physical server space in their data center, limited physical access to the customer's server, and internet connectivity.
- The customer is responsible for the operation and stability of their applications and server. Dynamic assumes no responsibility for data loss.
- The customer must abide by Dynamic's policies and not use the server for illegal activities like spamming or hacking. Excess bandwidth use will incur fees.
- The customer pays setup and monthly hosting fees. Dynamic can suspend services for unpaid invoices. Either party can terminate the agreement with notice.
This software license agreement governs the use of any Softnyx software. By installing or using the software, the user agrees to be bound by the terms of the license, which grants a non-exclusive license for non-commercial use on personal computers. The license prohibits modification of the software, limits liability, and can be terminated by the user destroying all copies of the software.
This document is an end user license agreement (EULA) for installing software. It states that by installing the software, the user agrees to be bound by the terms of the EULA. The EULA grants a limited license to use one copy of the software for personal use. It specifies ownership of intellectual property rights and responsibilities and restrictions on the user, such as prohibitions on copying, modifying, or distributing the software. The EULA also covers termination, export controls, technical support, online components, limited warranty, and limitation of liability.
This document is an end user license agreement (EULA) for the SpringSource Tool Suite software. It grants the licensee a non-exclusive, non-transferable license to use the software for non-production purposes only. The licensee cannot copy, modify, reverse engineer or redistribute the software. VMware owns all intellectual property rights to the software. The licensee must keep the software and any confidential information from VMware private and secure. VMware provides no warranty and its liability is limited to the license fees paid.
This document is a legal agreement for installing and using Cingular Communication Manager software and Wi-Fi service. It outlines terms for a single-user license to use the software for personal use only. The software is provided "as is" without warranties, and Cingular's liability is limited to the greater of the purchase price or $100. The agreement also specifies data collection, termination conditions, export compliance, and that New York law governs the agreement.
Cloud computing provides on-demand access to IT resources and applications via the internet. There are three main types of cloud services - Software as a Service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS). Moving to the cloud introduces some legal challenges regarding data privacy and security, governing laws and jurisdiction, and intellectual property rights. When negotiating cloud contracts, users should address issues such as data storage locations, security measures, intellectual property ownership, service level agreements, liability, termination terms, and governing law. Careful contract drafting and negotiation can help mitigate risks and ensure legal requirements are met when using cloud services.
Cloud computing contracts often contain complex terms and conditions that govern the relationship between the customer and cloud service provider. These contracts frequently give broad rights to the cloud provider to access, use, and share customer data in ways that the customer may not expect. They also typically disclaim responsibilities of the provider for securing customer data and limit the provider's liability. It is important for customers to carefully review cloud contracts to understand their rights and the obligations of the provider.
This document outlines the terms and conditions of an agreement between a customer and Pakistan Mobile Communications Limited (PMCL) for the provision of telecommunications services. It defines key terms, specifies that PMCL will connect the customer's equipment to its cellular system and provide service, and establishes charges payable by the customer including fees, taxes, and a credit limit. The customer is responsible for making timely payments and proper use of SIM cards. The agreement remains in effect for one month unless terminated earlier and either party can terminate with one month notice. It also outlines liabilities, provisions for changes to terms, and arbitration procedures.
This document is an end-user license agreement (EULA) for Articulate software. It states that by installing or using the software, the user agrees to the terms of the EULA without modification. The EULA grants the user a nonexclusive license to use one copy of the software for internal business purposes only. It also places limitations on the user's rights regarding the software and its confidentiality. The EULA disclaims all warranties and limits liability for the software or any issues arising from its use. Upon termination of the agreement, all rights to use the software cease and the user must destroy all copies.
C:\Documents And Settings\Administrator\Desktop\Shadi Aaa99 E30 Gtguest6abfd9
This document contains the terms and conditions for an internet service subscription with Zain in Jordan. It outlines the customer's personal and contact information, including their username and password for the service. The terms and conditions document defines key terms, describes the FOC WiMax up to 2.4Mbps internet service with a 10GB quota, and outlines the obligations of both the service provider (Zain) and the customer. It addresses issues such as service quality, fees, responsibilities, acceptable use policies, and other legal terms of the agreement.
Dan glover casl computer software_mc_t_lexpertbsookman
This document summarizes Canada's Anti-Spam Law (CASL) and its provisions regarding the installation of computer programs. CASL prohibits the installation of programs on others' devices without consent. It applies broadly to programs, apps, and software updates installed on devices located in Canada or controlled from Canada. Obtaining valid consent requires clearly disclosing the program's purpose and allowing users to consent separately to installation and marketing communications. Stricter disclosure is needed for programs resembling malware/spyware. The document questions how CASL applies to various scenarios and devices, how consent can be managed for pre-installed programs, and what constitutes valid written consent.
This document is an equipment sales agreement between a company and customer. It details the sale of equipment, including price, delivery details, warranties, limitations of liability, and other legal terms. The company agrees to sell equipment to the customer and provide a warranty for defects for a set period of time, while limiting their liability to the purchase price. It also includes nondisclosure terms regarding confidential information shared between the parties.
Electronic Transactions Law - Lecture 3: contractsCaroline B Ncube
This document discusses electronic contracts under South African law. It covers:
1) The essential requirements for a valid contract and how they apply to electronic contracts.
2) The reception theory which determines when electronic contracts are formed based on when messages are sent and received.
3) Different types of online agreements like shrinkwrap, clickwrap, and browsewrap contracts and when their terms can be considered binding.
4) Automated transactions under the Electronic Communications and Transactions Act and situations where agreements formed through electronic agents may not be enforceable.
This document describes release notes and terms of use for CADWorx Plant Professional software. It provides fixes and improvements to database sync performance, legacy keywords, specification editor size range list synchronization, and OAL handling for modeling router. The document also outlines copyright, license agreement terms, limitations of liability, export controls, and trademarks related to the software.
This document summarizes key aspects of the 2008 amendments to India's Information Technology Act, including newly added cybercrimes and strengthened government interception powers. It notes the amendments aim to make the law technology neutral and defines cyber terrorism, adding offenses like identity theft and phishing. The amendments impact corporate India by increasing liability for data breaches and requiring intermediaries to exercise due diligence. The presentation encourages companies to implement cybersecurity practices and conduct a due diligence program to limit legal exposure under the new law.
This document is an agency agreement between Dependable Global Express, Inc. (DGX) and Safina Logistics (Safina) to establish Safina as the agent of DGX in Safina's territory. The agreement outlines the services to be provided, such as customs clearance, air and ocean consolidation, and forwarding. It details the obligations of each party, including maintaining facilities, insurance, regulatory compliance, and financial reporting. The agreement also establishes terms for profit sharing, settlements, claims handling, and contains non-compete clauses.
This document contains the terms of service for a free public WiFi network provided by F-Secure. It describes the service as providing internet access via WiFi or wired connection. It warns users that public WiFi has security risks and recommends users take precautions. The terms state that F-Secure may modify or discontinue the service at any time. It disclaims all warranties and limits liability. It also includes a clause requiring users to relinquish their first born child to F-Secure.
This presentation will highlight the key legal issues associated with cloud computing and some implementation methods for minimizing or mitigating those risks.
There are numerous legal issues in cloud computing like operational, legislative or regulatory, security, third party contractual limitations, risk allocation or mitigation, and jurisdictional issues. Security, privacy and confidentiality remain the biggest concern for the data owner, as when the data is stored on the cloud the same might be accessible to multiple users. There is concern for its safety and protection of valuable data and trade secrets. Then there are intellectual property issues regarding ownership of and rights in information and services placed in the cloud.
1. TERMS AND CONDITIONS OF THE SAFARICOM POSTPAY MOBILE VOICE & DATA BUNDLES
1. DEFINITIONS AND INTERPRETATION (a) Fraud prevention and law enforcement;
1.1 In this agreement: (b) For reasonable commercial purposes connected such as marketing and research related activities;
(c) To comply with any legal, governmental or regulatory requirement;
(a) “Application Form” means the form overleaf indicating your request in writing to be Connected to a particular
(d) For use by our lawyers in connection with any legal proceedings;
Price Plan and to the Services;
(e) In business practices including but not limited to quality control, training and ensuring effective systems
(b) "Agreement" or “Terms and Conditions” means these terms and conditions, the Application Form and the Tariff
operation.
Guide, which may be varied by Safaricom from time to time;
(c) "Charges" means the amounts payable for the Price Plan and the Services as published in the Tariff Guide or 6 NUMBER PORTABILITY & DIRECTORY SERVICES
otherwise described in these Terms; 6.1 Number Portability
(d) "Connection" means the activation of your chosen Price Plan. The term “Connected” shall have a similar (a) If you wish to port from our Network, you must contact the mobile operator to which you wish to port and you
meaning; will be responsible for complying with the porting requirements of that operator. Porting will be treated as a
(e) “Content” means voice and data transmitted or communicated through the Services; termination of this Agreement and Safaricom will not be liable to refund you for the value of any unused
(f) “Force Majeure” means acts of God, geographical topography, power outages, weather conditions, the refusal or minutes, SMS or data in your chosen Price Plan, you will in addition loose any Bonga Points you may have
delay by a third party to supply the Services to Safaricom, the imposition of restrictions of a legal or regulatory accumulated prior to your porting.
nature which prevents Safaricom from supplying the Services, an event which could not reasonably have been (b) Requests to port from our Network may be declined by Safaricom in the event that your account is in arrears,
avoided by a diligent party in the circumstances, which is beyond the reasonable control of a party and which your details do not match those on our systems or you have not complied with such other porting
makes a party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be requirements as may be communicated by the Communications Commission of Kenya and Safaricom from
considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder, time to time.
earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, confiscation or (c) Porting to our Network will be subject to such requirements as Safaricom may communicate from time to time.
any other action by government agencies. Force Majeure shall not include insufficiency of funds or failure to make
any payment required hereunder; 6.2 Directory Services
(g) "Network" means the network operated by Safaricom, its subsidiary(ies), holding company and/or its third party When available we will list your number in our directory enquiry service in printed or electronic format.
providers to facilitate the provision of the Services; 7. LIMITATION AND EXCLUSION OF LIABILITY
(h) “Offending Material” means any Content that is:
7.1 Safaricom’s liability in contract, tort or otherwise (including liability for negligence) under or in connection with
(i) in breach of any law, regulation or code of practice invoked by Safaricom or industry regulator or any policy this Agreement is limited to Kshs one hundred thousand (Kshs 100,000). This limitation of liability is
adopted by Safaricom with regard to the acceptable use of the Services, or cumulative and not per incident.
(ii) abusive, indecent, defamatory, obscene, offensive, menacing or a threat to the health and safety of any third 7.2 You agree that the following exclusions of liability are reasonable:
party; or 7.2.1 Safaricom, its officers, employees, sub-contractors agents and partners will not be liable to you or any party
(iii) in breach of confidence, intellectual property rights, privacy or any right of a third party. for:
(i) “Parties” means Safaricom and you; (a) any indirect or consequential loss or damage whatsoever, whether it is foreseen or unforeseen, including but
(j) “Price Plan” means the package you have chosen to receive of bundled minutes, SMS, data and where applicable not limited to loss of profits, data, revenue, business, anticipated savings or goodwill or loss of life;
Price Plan Equipment; (b) any losses arising in connection with any failure, interruption, delay, suspension or restriction in providing the
(k) “Price Plan Equipment” means a handset, USB dongle, laptop or other equipment and/or accessories as Services to you which is due to a Force Majeure event;
available from time to time on a selected Price Plan and for which you will pay a set amount monthly over a (c) the loss, late receipt or non-readability of any download, transmission, or other communications or loss of
defined period to cover the cost of the selected Price Plan Equipment; data, data privacy or security transmission;
(l) “You” means you as the subscriber applying for, or using the Services and includes any person who Safaricom (d) for any damage to Your Equipment following the use of the Services. You acknowledges and accepts that
believes is acting with your authority. The term “you” shall have a similar meaning; Safaricom does not guarantee the security of the Services against unlawful access or use, you shall therefore
(m) “Your Equipment” includes your mobile phone handset, USB dongle, or other equipment (not being Price Plan be required to take reasonable precautions while using the Services including adopting such appropriate
Equipment) which when used together with the SIM Card allows access to the Services; security measures against unauthorised access to and interference with Your Equipment, associated software
(n) “Services” means the communication services you receive through the Network and such other services as may or equipment, hardware and data (including back up) as you deem necessary; and
be provided by Safaricom from time to time; (e) any Charges or losses incurred as a result of or unauthorised use of the Services including following a theft of
(o) “SIM Card” means the Subscriber Identity Module that enables you to access the Services when used with Your the same.
Equipment or Price Plan Equipment as the case may be; 7.2.2 Except as provided in this Agreement, Safaricom provides no warranties, conditions or guarantees as to the
(p) “Tariff Guide” means the list of Charges payable to access a Price Plan and other Services as published and description or quality of the Services and all warranties, conditions or guaranties implied by or expressly
varied by Safaricom from time to time or otherwise chargeable by a third party operator with whom Safaricom incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded
has a roaming agreement. The current Tariff Guide for our various Price Plan and Services can be viewed at so far as is permitted by law.
www.safaricom.co.ke 7.3 Notwithstanding any other provisions of this Agreement, you confirm and undertakes to indemnify and keep
2. COMMENCEMENT indemnified Safaricom on demand for and against all proceedings, costs (including reasonable legal fees), claims,
This Agreement shall be deemed to have commenced on the date you are Connected by Safaricom damages, expenses and liabilities of whatsoever nature howsoever suffered or incurred by Safaricom arising out
(“Commencement Date”) and shall continue from the Commencement Date until terminated by either party pursuant of or by reason of any act or omission by you, or your employees, representatives or agents in the performance of
to the Agreement. your obligations under this Agreement including but not limited to any breach or non-compliance with any terms
of this Agreement or negligence.
3. SUPPLY OF THE SERVICES
8. TERMINATION AND SUSPENSION
3.1 Use of the Services
You accept that you shall not utilise and shall ensure that no other person utilising your access to the Services uses 8.1 Safaricom may in its sole discretion suspend or terminate your access to the Services without liability to
the Services: compensate you for any period during which:
(i) for storing, reproducing, transmitting, communicating or receiving any Offending Material; or (a) Where you fail to comply with your obligations under this Agreement;
(ii) for fraud or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or (b) Safaricom is required or requested to comply with an order or instruction of or on recommendation from the
(iii) to cause annoyance, inconvenience or needless anxiety to any person; or Government, court, regulator or other competent authority;
(iv) contrary to any other instructions that may be communicated by Safaricom to you from time to time. (c) Safaricom reasonably suspects or believes that you are in breach of the terms and conditions of this
Agreement or any other terms and conditions referred to herein;
3.2 No Warranties, Availability and Supply of the Services
(d) Such a suspension or variation is necessary to facilitate modifications to, or allow for planned maintenance of
Although we will take all reasonable steps to ensure that the Services are available to you at all times, we cannot
the Network;
guarantee a continuous fault free service. The quality and availability of the Services may be affected by factors
(e) You fail to pay any Charges required to facilitate access to the Services;
including, but not limited to, Force Majeure planned maintenance or rectification work on the Network, or Your
(f) Your report to us the theft or loss of your SIM Card or other device facilitating access to the Services;
Equipment may interfere adversely with the quality and provision of the Services. Furthermore we do not warrant
(g) Where your line (MSISDN) remains inactive for a period of ninety days or such other period as may be
that the Service provided by us (including our third party providers) will meet your needs, perform at a particular
prescribed by the Communications Commission of Kenya from time to time.
speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, or secure, or free of viruses, worms,
(h) For any reason Safaricom is unable to provide the Services.
disabling code or conditions, or the like. It is agreed that your inability to use the Services or Content by reason of
(i) You are in breach of any fair usage policy implemented by Safaricom from time to time.
failure of Your Equipment shall not relieve You from payment of any of the Charges due under this Agreement.
“Fair usage policy” for the purposes of clause 8.1.1(f) above refers to a policy implemented by Safaricom to
3.3 Other Safaricom Services facilitate equitable access to the Services by all our subscribers.
In the event that the Services are used in conjunction with other Safaricom or third party provider services you 8.2 You may terminate this Agreement at any time by giving notice in writing to Safaricom.
accept that you will comply with the terms and conditions of such other services while utilising the same in addition 8.3 You shall reimburse Safaricom for all reasonable costs and expenses incurred as a result of the suspension,
to the terms and conditions set out in this Agreement. termination or variation of the Services where the suspension, termination or variation is implemented by
4. CHARGES, TAXES AND DEPOSIT Safaricom as a result of any act or omission by you.
4.1 Charges applicable for the Price Plan or the Services are set out in the Tariff Guide or such other charges as are 9. CONSEQUENCES OF TERMINATION
otherwise chargeable by a third party operator in the event that you are roaming (roaming means the use of 9.1 Termination shall not affect any provision of this Agreement expressed to have effect after termination, or any
telecommunication services while you are in other countries but using a Safaricom SIM Card). other rights either Party may have against the other Party subsisting at the time of termination.
4.2 All Charges payable under this Agreement are inclusive of VAT and excise tax but remain subject to other 9.2 You shall be liable to pay Safaricom the prorated value of any Price Plan Equipment calculated as follows:
applicable levies and taxes at the then prevailing rates including applicable variations to VAT and excise tax Number of months remaining on your Price Plan Period divided by the duration of the Price Plan Period multiplied
4.3 You will not be able to use the bundled SMS and minutes to access premium rate services. Any unused by the value of the Price Plan Equipment as published in the Tariff Guide relating to your selected Price Plan at
minutes, SMS or data in your chosen Price Plan bundle will expire at the end of each month and will not be rolled the Commencement Date of the Agreement.
over into the next month. “Price Plan Period” means the minimum fixed term as set out in your Price Plan during which period you must
4.4 Where a deposit is payable under your chosen Price Plan we will use this deposit to pay any Charges due over remain on your selected Price Plan.
the set limits in your chosen Price Plan. If this deposit is exhausted you will be unable to access additional Services Or using such other formula as may be communicated by Safaricom in subsequent variations of these terms and
until you have paid the required Charges to access your chosen Price Plan including replenishing your deposit. conditions from time to time.
4.5 When this Agreement comes to an end, we will repay any deposit you have given to us less any money you may
owe us within a period of fifty (50) days from the date of termination. We will not pay any interest on any deposit we 10. VARIATION OF THE AGREEMENT
take from you. Safaricom may change this Agreement at any time and will give you notice of the changes under clause in
4.6 Where your Price Plan includes a bundled Price Plan Equipment you will be required to pay the monthly accordance with clause 11 (Notices and No Waiver).
instalments due for the cost of the Price Plan Equipment by the Customer within a period of fifteen (15) days from 11. NOTICES AND NO WAIVER
the date of Safaricom’s invoice. If payment has not been received by Safaricom within this period, then Safaricom (a) Any notices in regard to any information that we may wish to send to you from time to time including but not
may: limited to variations to these, modifications/variations to the Services or Charges, any promotions and other
(a) Suspend your access to the Services until receipt of payment in full; and/or; information will be through advertisement in a daily newspaper or on the Safaricom website
(b) charge interest on the unpaid amount at a rate of 2% above the base rate of Barclays Bank of Kenya Limited www.safaricom.co.ke. You will be deemed to have been bound by such variation by continuing to use the
from time to time (or such lower rate as may be required by law), accruing on a daily basis and being Services.
compounded quarterly until payment is actually received in full; and/or (b) Any invoices or notices for purposes of legal proceedings will be served:
(ii) refer the debt to a collection agent and/or institute debt recovery proceedings for the recovery of the debt. (i) In the case of you: at your last known address as set out in the SIM registration form completed by you; or
(iii) you will be liable for all pre and post judgment collection costs reasonably incurred in pursuing any debt (ii) In the case of Safaricom: by hand delivery to Safaricom House, Opposite All Africa Conference of Churches,
collection claim against you until payment is received in full. Waiyaki Way, Nairobi and marked for the attention of the Head of Legal & Regulatory Affairs.
4.7 By entering this Agreement you authorise Safaricom to at any time, without notice to you to obtain from and/or Such notices will be deemed to have been received (if dispatched in the manner described above) 5 business
submit to credit referencing agencies information about your credit profile. days after mailing if forwarded by post and the following business day if hand-delivered or dispatched by E-mail.
4.8 All Charges shall be calculated in accordance with Safaricom records. “Business day” for the purposes of this clause 11 means Monday to Friday between the hours of 0900 and 1700,
4.9 Without prejudice to any other right or remedy, we reserve the right to set off any amount you may owe us at any excluding public holidays.
time against any amount payable by us to you under this or any other agreement. (c) Any failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not
5. SIM REGISTRATION AND USE OF PERSONAL DATA constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise
5.1 You will be required to register the SIM Card assigned to you in order to utilise the Services. You agree to of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or
provide accurate and current information about yourself as required by the relevant registration process, and to the exercise of another right or remedy.
promptly update such information as necessary to ensure that it is kept accurate and complete. 12. ARBITRATION
5.2 Notwithstanding the registration of your SIM Card, you will not have any proprietary right in the SIM Card or (a) Save as may otherwise be provided herein, all questions in dispute arising between the Parties and all claims
assigned mobile phone number. The SIM card, and the software within it, belong to Safaricom or is licensed to or matters in such dispute not otherwise amicably resolved settled between the Parties within a period of thirty
Safaricom and is licensed or sub-licensed to you as the case may be so that you can access and use the Services. (30) days (or such longer period as may be agreed upon between the parties) shall be referred to arbitration.
We reserve the right at any time to alter or replace your SIM Card or assigned mobile phone number or any other (b) Arbitration shall be by a single Arbitrator to be appointed by agreement between the Parties or in default of
name, code or number whatsoever associated with the Service. such agreement within fourteen (14) days of such notification of such dispute by either Party to the other, upon
5.3 You are solely responsible for: application by either Party to the Chairman for the time being of Kenya Branch of Chartered Institute of
(a) maintaining the confidentiality of any PIN, passwords or other account identifiers which you choose or are Arbitrators of the United Kingdom and any Arbitration proceeding shall take place in Nairobi.
assigned to you; and (c) Every award made under this clause shall be made in accordance with the provisions of the Arbitration Act
(b) all activities that occur under such password or account. 1995 (Act No. 4 of 1995) or other Act or Acts for the time being in force in Kenya in relation to Arbitration. To
5.4 Safaricom shall not be responsible or liable in any way, directly or indirectly, for loss or damage of any kind the extent permissible by law the determination of the Arbitrator shall be final and binding upon the Parties.
incurred as a result of, or in connection with, your failure to comply with these requirements. You agree that (d) Notwithstanding these Arbitration provisions, the Parties shall not be precluded from seeking urgent injunctory
Safaricom may disclose and grant access to information regarding your account, to any person who properly relief, in which case the Parties submit to the exclusive jurisdiction of the High Court of Kenya.
provides your PIN or other security passwords for such account.
5.5 Safaricom or any Safaricom group company may retain the data submitted by you on the Application Form or 13. GOVERNING LAW
which might otherwise be derived during the term of the Agreement from your use of the Services and you accept The construction, validity and performance of this Agreement shall be governed in all respects by the Laws of
that Safaricom may use the same for the following reasons: Kenya.