Terms and Conditions

SAFARICOM TERMS AND CONDITIONS

1. Customer Terms & Conditions

2. Bei Ya Nyumbani

3. Safaricom PostPay Service

4. Safaricom PrePay Service

5. Safaricom Bambanet (PrePay)

6. Safaricom Bambanet (PostPay)

7. Safaricom Fixed Data

8. Safaricom Blackberry

9. Safaricom Loyalty Programme

10. Safaricom Super Ongea

11. Safaricom SKIZA tunes

12. Safaricom Okoa Jahazi

13 Sakataboll the Safaricom Challenge

14. Go SMS Crazy Terms & Conditions

15. Safaricom Email Terms & Conditions

16. Safaricom Pepea With Opera Mini-browser

17. Free Internet today

18. Masaa ya Kubamba Terms and Conditions

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M-Pesa

Customer Specific FAQs

How do customers register for M-PESA?

Go to an authorized M-PESA Agent and:

Upgrade your SIM if necessary at a fee of KShs. 20 (All new Safaricom SIM cards have the M-PESA menu)
Register for M-PESA for FREE: You will be required to give the agent your Safaricom mobile number, your first and last name, your date of birth, and show an original identification document.
To register for M-PESA, you will be required to present one of the following original identification documents: National ID, Passport, Military ID, Diplomatic ID or Alien ID.
You will be asked to attach a copy of your ID to your registration form* if you intend to receive more than KShs. 100,000 into your M-PESA account per calendar year (January – December).
Activate your M-PESA menu on your account using the Start Key PIN sent by M-PESA
How do I activate my M-PESA account after the registration process?

Upon registration, you will receive a 4-digit one-time PIN called a Start Key. You will then activate your M-PESA account using the following instructions:

Go to Safaricom menu and select M-PESA
Select ‘Activate’ or ‘Wezesha’
Enter the ‘Start Key’ (4-digit number received from M-PESA)
Create a new PIN (a preferred 4-digit number that will be your PIN)
Confirm the PIN by entering the 4-digit number again
Enter your ID number (same as the one the agent entered upon registration)
M-PESA will send a menu to your phone, press OK on receipt.

Must I have my SIM Card replaced before registering for M-PESA?

You will only be required to replace your SIM card if you have an old Safaricom SIM (black or light green in color) which does not have the ‘Safaricom’ Item under the menu. If you have a new generation SIM card (deep green in color), registration will be done immediately. The agent will copy your SIM card contacts to the new SIM before effecting a replacement.

Why do I need an ID to register or transact at an agent outlet?

As a regulatory requirement by the Central Bank of Kenya, you are required to present your original ID document to the M-PESA agent to register, withdraw or deposit cash. Acceptable ID documents include: Kenyan National ID, Valid Passport, Military ID, Diplomatic ID or Alien ID.

Is a photocopy of my passport or ID sufficient to register, or do cash transactions at an Agent? No – The agent will need to see your original identification documents as listed above. (Driving Licenses are not acceptable)

What happens if someone registers my number for M-PESA by mistake?

If for any reason your M-PESA account is erroneously registered under somebody else, you will need to call M-PESA Customer Support on line 234 to request for your details to be changed. You will be taken through a vetting process for verification purposes.

Can I register for M-PESA if I have a SIM from another network provider?

No. M-PESA is available for Safaricom mobile users only. Other network subscribers will have to churn to Safaricom. If you do not have a Safaricom SIM Card, we will be happy to provide you one at current market rates.

What is the difference between a registered M-PESA customer and an unregistered customer?

An M-PESA customer’s SIM-Card has the full M-PESA menu and is able to carry out all the services described above. An unregistered customer is one that receives money from an M-PESA customer and does not have to be a Safaricom subscriber. An unregistered customer can only get the cash sent to him/her but cannot carry out other M-PESA transactions.

Are there any charges for SIM Swaps?

Yes, you will be charged a fee of KShs. 20 to carry out a SIM swaps.

What services are available?

Deposit cash (third party deposits are not allowed)
Withdraw money from any M-PESA agent outlet or participating ATM network
Transfer (send) money to any other mobile phone user, even if they are not a Safaricom subscriber
Buy Safaricom Airtime – for self or other safaricom subscribers
Pay Bills
Manage your M-PESA account (i.e. check balance, call customer care, change M-PESA PIN, change secret word, change language and update menu).
*It is important to confirm if the company one intends to pay a bill accepts payments via M-PESA before transferring cash. They should give you their ‘special company code’ or business number which you will enter into your M-PESA menu when making the payment. They should advise if there are any applicable charges.

How does M-PESA work?

To load money into your M-PESA account you need to go to an M-PESA Agent and make a cash deposit which results in electronic money being transferred into your M-PESA account (This is confirmed by an SMS received by both the Agent and the Customer).You can then conveniently transfer money to other mobile phone users by sms transaction.

To withdraw cash from your M-PESA account or (for unregistered customers to get cash), you need to go to an M-PESA agent and make an electronic transfer to the agent who will exchange this for cash.

Do I need to pay any service charges for having an M-PESA account?

No. M-PESA charges you on a pay-as-you-go basis every time you do a transaction – refer to Tariff for details. You’re only charged for the transactions you have initiated.

I already have a bank account. Can I access it using M-PESA?

No. M-PESA is completely separate to any other account you may have.

Does M-PESA work across networks?

Only Safaricom customers can register for M-PESA. However the person you are sending money to does not need to have an M-PESA account or be a Safaricom subscriber. However, the M-PESA service is cheaper if you send money to a registered M-PESA customer.

Can I use M-PESA if my line is expired?

You cannot use M-PESA if your line is expired since M-PESA is dependent on the Safaricom SMS service. You will however be able to use M-PESA to perform top-ups, even if your line is expired. Topping up will make your line active again.

Can I top up if I am a Safaricom Advantage customer?

Safaricom Advantage customers will be able to top up other Safaricom Pre-paid accounts but not their own account.

Can I buy airtime through M-PESA if I’m out of the country?

Yes. As long as there is M-PESA value in your account and you have Roaming on your line.

Can I use my Safaricom airtime to top up my M-PESA account?

Your M-PESA account is completely separate from your Safaricom airtime. You cannot buy M-PESA value using airtime. However you can use your M-PESA value to buy airtime for your own or another Safaricom subscriber’s phone. Safaricom subscribers do not need to be registered for M-PESA to receive airtime from you.

Can I top up a Celtel number?

No. At present, you can only buy airtime for Safaricom numbers.

How do I get my start up key, if I forget and have no funds?

If a customer needs a new start key, he will need to deposit money into his M-PESA account. He can do this WITHOUT an M-PESA menu on his phone, as long as he is registered.

What is a Start Key?

It’s a 4-digit code received from M-PESA upon registration. The code is used to activate your M-PESA account. The system will automatically prompt you to change your start key to a 4-digit code that will from then on be used as your M-PESA PIN.

When will my start key expire?

Start keys do not expire.

What happens if I do not get an SMS from M-PESA confirming the transaction? On occasion there is a delay in receiving your SMS from M-PESA for more than 20 minutes, call the customer service line 234 who will advise on the status of your transaction on the M-PESA system.

What happens if the Safaricom network is down?

As M-PESA relies on SMS messages, if the Safaricom SMS service is down, M-PESA will not function.

What happens when I lose my M-PESA SIM?

Call line 234 to have your account suspended. Proceed and get a SIM swap to retain your number and activate your SIM as normal using your previous M-PESA PIN you will receive your menu once more to continue enjoying the service. Note that you will need to call customer services to release your account to enable you activate it properly.

How do I reactivate my M-PESA account after a SIM replacement?

Go to the Safaricom menu in the SIM card menu and select M-PESA
Select ‘activate’ or ‘wezesha’
Enter your current M-PESA PIN when asked to enter the Start Key
Enter any 4-digit PIN (existing M-PESA PIN accepted if you wish to reuse it)
Confirm the PIN by entering the same PIN again
Enter your ID number (same as the one the agent entered upon registration)
Press ‘confirm’ to send the request to M-PESA
You will receive the M-PESA menu on your SIM menu and a welcome message indicating your current M-PESA balance.
To reactivate the M-PESA service after a SIM replacement you will require your current M-PESA PIN number and Your ID number (the one that you used to register for M-PESA)
What is the importance of the M-PESA SECRET word?

M-PESA users are required to present their ‘secret word’ to identify themselves when calling the M-PESA Customer Service (line 234). This word is sent to you by the M-PESA system when you activate your account. Do not share your secret word with anyone other than Safaricom Customer Support Staff. You can change your secret word to a word that is more memorable to you, by choosing ‘Secret Word’ under ‘My Account’ on the M-PESA menu, at any time – this is currently free.

How many times can I change my secret word?

We currently have no limit to the number of times you can change your secret word.

What is the importance of my M-PESA PIN?

You require your M-PESA PIN to send and withdraw money from your account, using the M-PESA menu on your Safaricom SIM. You must keep your PIN secret and should therefore choose a combination that is easy for you to remember, but difficult for others to guess. Do not share your M-PESA PIN with anyone, not even Safaricom staff. You can change your PIN at anytime from the M-PESA menu on your phone at a fee of KShs. 20.

What do I do if I forget my M-PESA PIN?

Call line 234 (you will be asked for your secret word), or go to a any Safaricom Retail Shop with your ID and request for a new one-time PIN (Start Key)
This will be sent to your mobile phone via SMS and will cost you Kshs 20.
Once you receive your Start Key, follow the following instructions to reset your M-PESA PIN:
Go to the M-PESA menu, select ‘My Account’
Select ‘Change PIN’
Enter the new Start Key as the old PIN
Enter your preferred PIN
Confirm the PIN
4. You will receive an SMS from M-PESA confirming that your PIN has been changed.

What do I do in case I send money to the wrong number?

Wrong transfers are reversible on the M-PESA system, upon rigorous vetting of the sender and recipient and if the money has not yet been cashed or withdrawn. If you make an incorrect transaction:

Call or send an SMS to Line 234 immediately and provide them with the number that has erroneously received the cash.
For SMS, preferably write in the format Reversal # Sender’s No.# Amount
Funds sent to a wrong number will be reversed only if still available in the wrong recipients account.
If successful, you will receive an SMS indicating that a reversal has been done.
Will my transactions be limited to the Agency store where I registered?

No. You will be able to carry out transactions at any M-PESA agency store and not limited to where you registered.

How safe is my money?

If registered your money is safe since every transaction requires identification in form of a secret PIN. This is enhanced by use of Secret word for any call to customer care.

Why am I not receiving SMS confirmation for the transactions I have done?

This could be as a result of the following:

Your inbox is full, so delete some messages
You have diverted messages to screened messages, check the Screened Messages Inbox. If the messages are there, remove M-PESA from the Screened numbers list.
If none of the above works, contact Safaricom Customer Care on 234 for more assistance.
Is M-PESA available outside Kenya?

No. Currently the service is limited to Kenya.

What are the benefits of M-PESA?

M-PESA allows you to make transactions simply and securely in a few seconds by using SMS technology. This has many benefits to customers in terms of convenience, security and ease of use. The pricing is competitive compared with other formal money transfer services

You can now also pay for your bills to selected service providers that have partnered with M-PESA to enable their customers pay for services through M-PESA.

M-PESA / PESAPOINT FAQS

How does M-PESA work with the PesaPoint ATM?

Firstly, you need to be an M-PESA registered customer and then follow the steps below:-

First on your phone:

Choose ATM withdrawal option from the M-PESA menu.
Enter The PesaPoint agent code 555 555.
Enter M-PESA PIN. An SMS with 6-digit authorisation code is received.
Then on the ATM:

Select M-PESA option
Enter the authorisation code on the ATM keyboard
Enter your mobile number and the withdrawal amount and the ATM will allow you to do cardless cash transaction.
The ATM dispenses your cash and a receipt and you receive a confirmation from M-PESA
Information is available at all PesaPoint ATMs

How do I get the ATM Withdrawal option on my phone M-PESA menu?

Update your menu at no cost by following the steps below:-

The option can be obtained easily and for FREE by following these steps:-

Choose My Account option from the M-PESA menu
Choose Update menu option from this sub-menu
Enter your 4-digit M-PESA PIN number
Await reply from Safaricom M-PESA system
Your menu is now updated with the ATM withdrawal option
What is the PesaPoint Agent Code for M-PESA?

The PesaPoint Agent code is 555 555 for all PesaPoint ATMs countrywide.

How much can I withdraw in a Single Transaction from a PesaPoint ATM?

The minimum withdrawal amount per ATM Transaction is Kshs. 200 and the maximum is Kshs. 20,000. You are allowed to make multiple cash withdrawals from the ATM. Note: existing M-PESA rules apply and the maximum transaction amount per day is Ksh. 70,000; ATM withdrawals count towards this.

What should I do if the ATM does not give me cash as requested but debits my M-PESA account? If your transaction is unsuccessful and cash is not dispensed but your M-PESA account is debited, call PesaPoint on 0726-853000 or send an e-mail to mpesa@pesapoint.co.ke.

Do I need to have an ATM card to withdraw money from my M-PESA account? All you need is your M-PESA account and Safaricom line. You need to be an M-PESA registered customer to use this service.

Where are the PesaPoint ATMs?

They are 110 PesaPoint ATMs in 45 towns countrywide including Nairobi, Kisumu and Mombasa. The list is available at the Pesapoint Website http://www.pesapoint.co.ke

What is the advantage of using PesaPoint to withdraw money from your M-PESA? PesaPoint allows you to access your money any time of day or night in secure environments at your convenience.

What are the charges for M-PESA Transactions?

Refer to the M-PESA tariff guide

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Safaricom

Safaricom Bambanet (PrePay) T’s and C’s

Terms and Conditions of the Safaricom BAMBANET Service

Definitions and Interpretation
1.1 These terms and conditions are in addition to and supplemental to Safaricom’s pre paid terms and conditions.

1.2 In these terms and conditions:

(a) “Charges” means the charge payable by you for the use of the Services as specified in the Tariff Guide and excludes charges incurred on additional value added services, voice calls, SMSs and international roaming;

(b) “Agreement” means this agreement for the provision of the Services together with the Application;

(c) “Connection” means the activation of the SIM Card for use on the Network;

(d) “Content” means information, communications, images and sounds, software or any other material transmitted or communicated through the Services;

(e) “Intellectual Property Rights” means all intellectual property rights including without limitation, copyright, patents, trade marks, registered designs, design rights, know how and all other rights;

(f) “MSISDN” means the Mobile Subscriber Integration Services Digital Number, which is your telephone number or in this case the telephone number assigned to your data enabled SIM;

(g) “Network” means the cellular network operated by Safaricom;

(h) “Offending Material” means any Content that is:

(i) in breach of any law, regulation or code of practice invoked by Safaricom or industry regulator or any policy adopted by Safaricom with regard to the acceptable use of the Services, or

(ii) abusive, indecent, defamatory, obscene, offensive or menacing, or

(iii) in breach of confidence, intellectual property rights, privacy or any right of a third party.

(i) “Product” means the plug and play USB modem into which the data enabled SIM Card is inserted to facilitate access to the Network and the Services;

(j) “Services” means the mobile data solution provided by Safaricom under the brand name BambaNet or such other brand name as may be adopted by Safaricom from time to time;

(k) “SIM” means the subscriber identity module which is programmed with your MSISDN and that enables you to use the Services when inserted in the Product and used with Your Equipment;

(l) “Tariff Guide” means the list of Charges for the Services as published and varied by Safaricom from time to time;

(m) “You” means you as the subscriber and includes any person who Safaricom believes is acting with your authority. “Your” shall have a corresponding meaning;

(n) “Your Equipment” means the necessary compatible computer systems to which the Product is connected to facilitate access to the Services.

1.3 In this Agreement, unless the context otherwise requires, any reference to:

(a) the singular includes the plural and vice versa;

a person includes reference to a body corporate or other legal entity;
any written law includes that law as amended or re-enacted from time to time;
any agreement or other document includes that agreement or other document as varied or replaced by the Parties in writing from time to time;
a clause is to the relevant clause of this Agreement;
any Party includes that Party’s successors and assigns.
1.4 Clause headings are inserted for convenience only and shall be ignored in construing this Agreement.

APPLICATION
By using and accessing the Services you will be deemed to have read, understood and accepted these terms and conditions.

SAFARICOM’S GENERAL OBLIGATIONS
3.1 Supply of the Product

3.1.1 Safaricom shall use reasonable endeavours to meet any agreed delivery dates for the supply of the Product and related accessories to you, time will however not be of the essence with regard to such supply and Safaricom will not be liable for any costs and expenses incurred by you as a consequence of such delay.

3.1.2 Title to the Product and related accessories shall pass to you on payment in full of any monies outstanding on the purchase and risk in the same will pass to you upon delivery.

3.2 Supply of the Services

3.2.1 Availability

Although Safaricom will take all reasonable steps to ensure that the Services are available to you at all times, it cannot guarantee a continuous fault free service. The quality and availability of Services may be affected by factors including (but not limited to) acts of God, geographical topography, weather conditions, proximity of base transceiver stations, planned maintenance or rectification work on the Network.
The availability or quality of connection to the Services may also depend on Your Equipment, and Safaricom makes no representation or warranty in respect of the suitability or quality of Your Equipment.
3.2.2 Suspension and variation of the Services

3.2.2.1 Safaricom may in its sole discretion suspend, terminate or vary the Services without liability to compensate you for any period during which:

Safaricom is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
Safaricom reasonably suspects or believes that you are in breach of clause 4.1 or you are in breach of clause 5;
Such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
Safaricom suspends the provision of the Services for its commercial reasons.
3.2.2 You shall reimburse Safaricom for all reasonable costs and expenses incurred as a result of the suspension or variation of the Services where the suspension or variation is implemented by Safaricom as a result of any act or omission by you.

You will be liable for any applicable standing Charges during any period of suspension.
Storage and transmission
Safaricom may establish limits concerning the use of the Services for example the maximum size of an email message that may be sent or received, the maximum capacity allocated to you for storage and/or transmission of Content on/through the Network which you access via the Services.
Safaricom has no responsibility for the deletion, corruption or failure to store any Content maintained or transmitted by the Network.
Safaricom reserves the right to vary the Charges applicable to a particular MSISDN if in its reasonable opinion the usage applicable to such MSISDN exceeds any reasonable use limits communicated by Safaricom from time to time.
youR obligations
Use of the Network, The Product and Software
4.1.1 You shall not utilise and shall ensure that no other person utilising your access to the Services uses the Services:

(a) for storing, reproducing, transmitting, communicating or receiving any Offending Material; or

fraudulently or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or
to cause annoyance, inconvenience or needless anxiety to any person; or
contrary to any other instructions that may be communicated by Safaricom to you from time to time; or
in a manner which is inconsistent with a reasonable users good faith use of the Services or the Network.
4.1.2 You undertake that you will use the Product in accordance with any user guide or other reasonable instruction of any manufacturer or supplier of the same or reasonable instruction of Safaricom.

4.1.3 You shall not reverse engineer, disassemble or decompile the Product, SIM or related accessories.

4.2 Access to Information

4.2.1 You will provide Safaricom with all the information Safaricom needs and allow Safaricom to use that information for credit checking, debt collection and for the purposes set out in clause 4.2.2 below.

4.2.2 Safaricom may hold and use information provided by you for a number of purposes, which may include:

(a) Carrying out any activity in connection with a legal, governmental or regulatory requirement on Safaricom in connection with legal proceedings or in respect of crime or fraud prevention, detection or prosecution.

(b) Monitoring or recording of your calls, emails or text messages for Safaricom’s business purposes such as quality control and training, prevention of unauthorised use of Safaricom’s telecommunications system and ensuring effective systems operation.

4.3 Representation

You acknowledge that you have not relied upon any statement, representation or warranty made by Safaricom or any of its employees, servants or agents other than as set out in this Agreement.

PAYMENT
You shall pay the Charges (including charges incurred on voice usage in the event your SIM is activated with voice) whether the same have been incurred by you or as a result of the unauthorised use (including following a theft of the Product). The amount due from you will be calculated using the details logged by Safaricom and not details recorded by you.

WARRANTY
6.1 If you find that the Product is faulty or defective then you should immediately return it to Safaricom or its authorised agent together with the receipt for the purchase, within ten (10) days of purchase. Safaricom shall only be responsible for the replacement of the Product in the case of manufacturer’s defects and only if you can show that it has used the same in accordance with any documentation or reasonable instructions provided by Safaricom.

6.2 Safaricom shall use reasonable endeavours to extend to you the benefit of any warranty on the Product purchased from Safaricom as given to Safaricom (subject to any limitations and restrictions thereof) by the manufacturer provided that any expense reasonably incurred by Safaricom in extending such benefit shall be held to your account. This warranty is the only warranty given by Safaricom and specifies its entire liability including liability for negligence and in particular but without limitation all statutory or other express, implied or collateral terms. Conditions or warranties are excluded to the fullest extent provided by law including but not limited to any warranties and conditions expressed or implied by the Sale of Goods Act (Chapter 31 of the Laws of Kenya).

LIMItATION and exclusion OF LIABILITY
You agree that the following exclusions of liability are reasonable.

Safaricom, its officers, employees, agents and partners will not be liable to you or any party for:
(a) any direct, indirect, anticipated savings, goodwill, consequential, incidental or special loss, corruption of data or other costs arising out of or in connection with this Agreement in contract or tort or otherwise for any loss including as a consequence of a failure or delay in availability of the Network notwithstanding Safaricom’s awareness of the possibility of you incurring the same;

(b) any losses arising in connection with (i) force majeure events or other circumstances outside our control or outside our knowledge including industrial disputes, terrorist or enemy action, or (ii) any unforeseeable acts or omissions or negligent acts on the part the Product supplier or any other of Safaricom’s service providers, contractors, agents or employees.

(c) the, loss, late receipt or non-readability of any download, transmission, or other communications.

(d) for any damage to or loss of information on the Product or Your Equipment in the event that unwanted programs or material, Trojan horses, worms or viruses are downloaded through the Product or Your Equipment as a consequence of receiving emails or other downloads or accessing the internet using the Product. You will be required to take reasonable precautions while accessing websites, downloading music or other data and while sending or receiving emails using the Services and you will in addition be required to adopt such appropriate security measures against unauthorised access to and interference with Your Equipment, associated software, hardware and data as you deem necessary.

(e) Any losses caused as a result or while you is roaming resulting from a failure of the network of the foreign operator.

(f) Any charges or losses incurred as a result of or unauthorised use of the Product including following a theft of the same.

Except as provided in this Agreement, Safaricom provides no warranties, conditions or guarantees as to the description or quality of the Services or the Product and all warranties, conditions or guaranties implied by or expressly incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded so far as is permitted by law.
8 INTELLECTUAL PROPERTY RIGHTS and MSISDN

8.1 All intellectual property rights to the subject matter of this Agreement shall remain vested in Safaricom and the ownership of the SIMs and the Network shall remain with Safaricom or its licensors, as appropriate. You acknowledges that you shall have no licence, right, title or interest in or to any intellectual property rights of Safaricom or its licensors (as the case may be) except as expressly set out in this Agreement.

8.2 The MSISDN and any other numbers made available in connection with the use of the Services remain the property of Safaricom.

8.3 In the event that Safaricom may need to change your MSISDN Safaricom will notify you of the same.

8.4 Transfer of a MSISDN may be made upon your request and subject to the consent of Safaricom. You shall, prior to Safaricom transferring MSISDN, pay all outstanding charges relating to the Services used up to the transfer date and administration charges in relation to the transfer provided that following the transfer of the MSISDN, Safaricom may deduct the charges from the deposit and refund the balance of the deposit to you (without interest).

8.5 If any MSISDN allocated to you remains unconnected to or is disconnected from the Network for any reason for such period as may be communicated by Safaricom then Safaricom may withdraw and re-allocate the MSISDN to a third party without any liability to you.

9 general

No terms or conditions endorsed upon, delivered with or contained in your documentation will form a part of this Agreement and you waive any right which You might otherwise have to rely on such terms and conditions.
Any notice required to be given to Safaricom shall be deemed to have been given if it is posted by registered mail or delivered by hand or courier service to: Safaricom Limited, P.O Box 46350-00100, Nairobi, Safaricom House, Waiyaki Way and marked for the Attention of: The Head of Sales.
Any notice required to be given to you shall be deemed to be so given if it is addressed to you at your last known address and posted by registered mail or delivered by hand or courier service to you or emailed to you or delivered by way of short message service (sms).
Such notice shall be deemed to have been received five (5) business days after posting or if delivered by hand or courier upon receipt by the duly authorised officer or if sent by e-mail or sms it shall be deemed to have been served at the time of transmission.
Any failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
If any of the words or provisions of this Agreement shall be construed to be illegal, void or invalid, that shall not affect the legality and validity of the other words or provisions. If any restriction is held not to be valid but would be valid if part of the wording were deleted or its extent reduced or modified then such restriction shall apply with such deletion, reduction or modification as may be necessary to make it enforceable
10 Termination

Termination by Safaricom
Safaricom may terminate this Agreement at any time by giving written notice to you and without any ensuing liability to you if:

(a) Safaricom has reason to believe that the Services are being used in an unauthorised way or for criminal activities;

(b) You Equipment is found to emit signals, which may interfere with the quality of the Services or the Network;

(c) Safaricom has good reason for believing that any information given by you to Safaricom is false or misleading;

(d) You commit any material breach of any of the provisions of this Agreement and such breach is not rectified within thirty (30) days from receipt of a written notice giving particulars of the breach;

(e) It is found that you are no longer a subscriber to the Safaricom Network;

(g) The licence under which Safaricom provides the Services is terminated or modified preventing Safaricom from providing the Services or for any other reason Safaricom is unable to provide the Service.

11 CONSEQUENCES OF TERMINATION

11.1 Termination shall not affect any provision of this Agreement expressed to have effect after termination, or any other rights either Party may have against the other Party subsisting at the time of termination.

11.2 Safaricom shall use all reasonable endeavours to disconnect the MSISDN from the Network immediately upon notice to do so.

12 VARIATIONS

12.1 Safaricom reserves the right to vary the terms and conditions of this Agreement at any time by placing the revised terms and conditions on its website http://www.safaricom.co.ke and you will be deemed to have been bound by such variation by continuing to use the Services.

12.2 You should periodically check the website http://www.safaricom.co.ke to make itself aware of any variations.

13 Force Majeure

The obligation of each Party under this Agreement shall be suspended during the period to the extent that such Party is prevented or hindered from complying therewith by any cause beyond its reasonable control including but not limited to acts of god, war, civil commotion, industrial dispute, inability to secure materials, act or omission of carriers or suppliers, or regulatory intervention. If such delay or failure continues for at least thirty (30) days then either Party may terminate this Agreement, upon expiry of the thirty (30) days, by notice in writing to the other. Upon such termination all amounts due to Safaricom by you shall immediately become due and payable.

14 dispute resolution

14.1 Amicable Settlement

The parties shall use their best efforts to settle amicably any dispute arising from or in connection with this Agreement or the interpretation thereof.

14.2 Arbitration

14.2.1 Save as may otherwise be provided herein, all questions in dispute arising between the Parties and all claims or matters in such dispute not otherwise mutually settled between the Parties shall in the first instance be referred to the Communications Commission of Kenya.

14.2.2 In the event that the Communications Commission of Kenya fails to settle the dispute within fourteen (14) days of the dispute being referred to it, then the matter shall be referred to Arbitration by a single Arbitrator to be appointed by agreement between the Parties or in default of such agreement within fourteen (14) days of such notification of such dispute by either Party to the other, upon application by either Party to the Chairman for the time being of Kenya Branch of Chartered Institute of Arbitrators of the United Kingdom and any Arbitration proceeding shall take place in Nairobi.

14.2.3 Every award made under this clause shall be made in accordance with the provisions of the Arbitration Act 1995 (Act No. 4 of 1995) or other Act or Acts for the time being in force in Kenya in relation to Arbitration. To the extent permissible by law the determination of the Arbitrator shall be final and binding upon the Parties.

14.2.4 Notwithstanding these Arbitration provisions, the Parties shall not be precluded from seeking urgent injunctory relief, in which case the Parties submit to the exclusive jurisdiction of the High Court of Kenya.

15 Governing Law

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