TERMS AND CONDITIONS FOR SAFARICOM HOME FIBRE SERVICE AND 4G HOME PLANS

The following terms and conditions apply to the Safaricom Home Fibre Service and the 4G Home Plans (” the Service”) and by activating this Service you will be deemed to have read, understood and accepted the same: -

1. Service

  1. This service enables subscribers to access Internet at home through Fibre provided by Safaricom.

  2. Customers will be allocated Internet speeds with a 1:4 contention (a maximum of 4 houses can use the same connection.

  3. The Internet will be available to the customer within his/her premises/house (Customer Site).

  4. Where customers reside in areas with good 4G indoor coverage, Safaricom will avail enjoy internet access at home through the Safaricom 4G Network (“4G Home Plans”).

  5. Safaricom Home Fibre customers also have the option to receive with mobile data, voice minutes and unlimited SMS alongside their preferred bundles (“Home Fibre Plus”).

2. Eligibility

  • This Service is open to all customers in the selected areas (Safaricom Home Fibre Zones), that have the Safaricom fibre infrastructure ready and who apply to have their homes connected to the Safaricom Home Fibre.
  • The 4G Home Plans is only available to customers who live in an area that has good 4G indoor coverage and outside a Fibre zone.

3. Launch of Service

These terms will take effect on 1st March 2021 from 000hrs (“Service Launch Date”).

4. How to Access and Use the Service

  1. Safaricom Home Fibre

    1. You must be living within any of the Safaricom Home Fibre Zones.To find out whether you reside in a fibre ready area, visit our website at https://www.safaricom.co.ke/home/home-fibre/.

    2. Contact us by dialling *400# or visit any of our Safaricom Shops. You can also talk to any Safaricom Home sales representative in your area.

    3. Once you complete the Safaricom Home Fibre form, the Safaricom representative will give you an Account Number that you will use to make payment in one of the following ways:

    4. Dial *400# and follow the steps or via M-PESA by using the Safaricom Home Paybill number 150501 (direct debit); or In a Safaricom shop.

    5. Once you make payment, we will connect you to the Service within 48 hours, subject to you granting our representatives access to your home. As part of the installation process, we will provide you with a Wi-Fi router that will enable you to access the Wi-Fi Network within your home. We will set up the Wi-Fi network and configure your username and password which you require to access the Service.

    6. There will be a fee of Kshs. 3,000.00 for a new connection. If you do not carry your router when relocating, you will be charged Kshs. 6,500 as a replacement fee for the router. This is however subject to change based on router models and technology.
    7. Should you require any support once the Service is deployed, please call Safaricom Call Centre on line 400 or visit our on-ground technical support team for any technical assistance you require. Safaricom will only handle Service-related issues and not device or private LAN. Should you have a problem with your Customer Equipment, device, PC and other private LAN, you will need to contact your private technical engineer for assistance.

    8. You will be required to grant the installers reasonable access to your home for purposes of installation, maintenance and inspection.
    9. You undertake to maintain the installation, including all equipment provided, in good order including environmental considerations.
    10. Once the Service is deployed, you will receive your username and password on SMS or you will be contacted by the Safaricom representatives. You must exercise all due care and diligence in order to ensure the secrecy and confidentiality of the access passwords at all times. You shall not disclose your access passwords to any third party or aid access to the Services to third parties outside your home or control, save with the express written permission of Safaricom.

  2. 4G Home Plans

    1. Customers will be required to confirm 4G coverage in their premises before purchasing the 4G router.

    2. The routers can be purchased from any Safaricom Shop or from selected dealers countrywide. The 4G router will come with a designated 4G SIM Card.

    3. The 4G SIM Card will be registered using the details of the customer purchasing the router.

    4. 4G for Home Plans will be enabled on a 4G enabled SIM Card and on a Safaricom sold 4G Router.

    5. The 4G for Home Internet packages can be purchased or renewed on USSD by Dial *400#

  3. Home Fibre Plus

    1. Customers will be required to have Home Fibre connection to be able to access Home Fibre Plus Packages.

    2. The Home Fibre Plus Packages can only be accessed at the point of purchasing or renewing Home Fibre packages.

    3. The Home Fibre Plus packages can be purchased or renewed on USSD by dialing *400# or on mySafaricomApp.

5. Charges

  1. Safaricom Home Fibre

    1. The following Fibre packages are available:

      Fibre Packages

      speeds

      Price (30 days)

      Fair Usage Limit

      Speeds after Fair Usage

      Bronze

      8Mbps

      Kshs 2,900

      500GB

      1Mbps

      Silver

      20Mbps

      Kshs 3,999

      1000GB

      3Mbps

      Gold

      40Mbps

      Kshs 5,999

      1000GB

      3Mbps

      Platinum

      100Mbps

      Kshs 11,999

      1000GB

      3Mbps

    2.  Payment for the Fibre Packages is every thirty (30) days in advance. If you do not pay on time, the Service will be suspended and only reactivated once you make your monthly payment.

    3. Customers will be allocated internet speeds with a 1:4 contention ratio. This means that in instances of heavy traffic causing congestion on the network, applicable speeds may be reduced to up to 25% of the advertised speed for the package.

    4. The Safaricom Home Fibre plans are subject to a Fair Usage Policy with usage limits and throttle speeds as indicated in the table above. Upon reaching the Fair Usage limit for the package, the speeds will be throttled to 1Mbps for Bronze plans and 3Mbps for Silver, Gold and Diamond plans for the remainder of the validity period of the subscription.

    5. The fair usage limit is a consumption limit assigned for each usage cycle and not a volume resource or bundle allocation hence it will not be possible to roll over or extend the validity of the fair usage limit beyond the package validity cycle.

    6. The Gold and Diamond packages will include Securenet service offering parental control and anti-malware protection. Bronze and Silver packages will need to purchase Securenet service separately if required as per the prevailing rates.

  2. Safaricom Home Fibre Plus

    1. The following Internet Plus options are available alongside your preferred Fibre packages.

       

      Price

      Minutes

      Data

      SMS

      Internet Plus

      Kshs. 1,000

      400

      5GB

      Unlimite d*

    2. The Internet plus resources (mobile data, voice minutes and unlimited SMS) will be valid for thirty (30) days after which they will expire and not be available for use.

    3. You will not be able to roll over or extend the validity of the Internet Plus resources.

    4. You will not be permitted to purchase the Internet Plus resources independently from your Home Fibre subscriptions.

    5. You will not be permitted to use your Internet Plus resources for premium rated services, international calls or roaming services. However, the Voice minutes and SMSs can be used across networks.

    6. Should you be unable to access your Internet Plus Service bundles, Safaricom shall reimburse you. vii. You can transfer/sambaza ALL your voice minutes, data bundles and SMSs to another Safaricom number.

    7. The Internet Plus resources will be allocated to the Fibre service registered Safaricom number. The customer can opt to provide a different Safaricom number to which all the Internet Plus resources will be allocated.

    8. Once allocated, you cannot transfer/sambaza your voice minutes, data bundles and SMSs to another number.

    9. The Internet Plus Unlimited SMS resources are subject to a Fair Usage Policy.

  3. 4G Home Plans

    1. The 4G Home Plans available are as follows:

      4G Home Plan

      Price

      Volume at full speed

      Throttled Speed

      Volume at Throttled Speeds

      3 Mbps

      3,499

      200 GB

      1Mbps

      200 GB

      5 Mbps

      4,999

      400 GB

      1Mbps

      400 GB

    2. Customers will be given a bundle to browse at either 3Mbps or 5Mbps. Once you hit the threshold, the speeds will be throttled to 1 mbps for the validity period of the bundle. The 4G for home plans are subject to a Fair Usage Policy.  

    3. You will not be able to roll over or extend the validity of the resources allocated in the packages.

6. Privacy

  1. Personal Information” means personal identifiable information as prescribed in the Data Protection Act which includes but is not limited to name, address, phone number, identification number, location data.

  2. Collection of information  We are required by law to collect certain personal information and are legally obligated to deny you the service if such information is not availed.  Apart from the legal obligation mentioned above, we also need to collect your Personal Information for quality service delivery. Please note that although this is voluntary, without such information we may not be able to provide quality service.

  3. Privacy We are committed to respecting and protecting the privacy of the information we collect from you. Our privacy statement, as updated from time to time, explains how we treat your personal information, who we share your information with and measures taken protect your privacy when you use our Service. This can be found on Safaricom Data Privacy Statement. If unable to access the link or our website please reach us on any of our customer care channels to receive a copy.

  4. Minors When registering a minor as a subscriber, a person with parental authority may open and maintain a mobile number in their name for and on behalf of the minor. For purposes of this agreement, a person with parental authority shall include the birth parents of a minor, legal guardian or other person who can demonstrate legitimate authority over the minor’s affairs.

7. Restrictions on access to and use of the Service

  1. You may access and use the Service only –

    1. in a single residential unit;

    2. for private domestic use; and

    3. at your physical address.

  2. You may not use the Service in any manner or for any purpose other than as set out in these Terms and Conditions, nor may you negligently or intentionally permit any other person to do so. Without limiting the restrictions in clause 6, you may not attempt to or –

    1. access any component or aspect of the Service other than those components or aspects to which you are authorised to have access;

    2. use the Service, or any component thereof, for any commercial purpose;

    3. provide the Service to the public, whether or not a fee is charged;

    4. charge any person a fee to access the Service without authorisation from Safaricom;

    5. permit, facilitate or condone any other person conducting any of the prohibited activities in this clause, whether using your Equipment or otherwise.

8.Service interruptions

  1. Safaricom will endeavor to limit service interruption occurrences to the Safaricom Fibre service and the length thereof.

  2. In the case of a service interruption in the Safaricom Fibre service, Safaricom will deploy technical teams to address any network faults.

  3. If a customer detects a service interruption in the Safaricom Fibre service, the customer has to notify Safaricom customer care of the interruption.

  4. If the service interruption in the Safaricom Fibre service is traced to a customer’s Safaricom Fibre installation or customer equipment, then Safaricom will endeavor to rectify the fault remotely, failing which, a service team will be dispatched to the customer’s premises to address the fault.

  5. If in the event of a service interruption in the Safaricom Fibre service a service team is dispatched to the customer’s premises and it is found that the service interruption is attributable to the customer’s actions, then Safaricom may at its sole discretion, charge the customer the applicable rates for dispatching the service team to rectify the service interruption and for any materials costs incurred.

9. Liability

  1. SAFARICOM ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE TO THE PROPERTY OR EQUIPMENT OF THE CUSTOMER ARISING OUT OF THE PROVISION, INSTALLATION OR MAINTENANCE OF SAFARICOM’S FIBRE SERVICE, EXCEPT WHERE SUCH LOSS OR DAMAGE TO THE PROPERTY OR EQUIPMENT IS CAUSED DUE TO THE GROSS NEGLIGENCE OF SAFARICOM OR ITS AGENTS. SAFARICOM ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE TO THE EQUIPMENT OF THE CUSTOMER ARISING OUT OF THE CUSTOMER’S USE OF THE CUSTOMER EQUIPMENT.

  2. SAFARICOM ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF THE USE OF THE SAFARICOM FIBRE SERVICE, INCLUDING LOSS OR DAMAGE DUE TO USING THE INTERNET AND/OR TRANSFERRING FILES AND CONTENT.

 10. Equipment and Care

  1. For purposes of accessing the Service, Safaricom provides you with Customer Premise Equipment (Fibre Cables, faceplate, routers) to assure compatibility of its Network and Services. You must not in any way interfere with, alter or modify the Customer Premises Equipment or any embedded software supplied as part of the Customer Premises Equipment nor allow anyone (other than an authorised Safaricom representative) to do so.

  2. Safaricom may provide you with Customer Premise Equipment of varying capability based on the initial Services you selected in the Application Form.

  3. You acknowledge and agree that the Customer Premise Equipment shall at all times belong to and remain the property of Safaricom throughout the duration of this Agreement and that upon termination of this Agreement Safaricom shall recover from your premises all of the said Customer Premises Equipment.

  4. You agree to be fully responsible for good care of the Customer Premise Equipment during the term of this Agreement and to immediately notify Safaricom of any damage or loss to the same. You also agree to cooperate in the removal and recovery of the equipment by an authorized Safaricom agent/representative upon the termination of this Agreement, including allowing Safaricom access, without delay, to the Customer Site to uninstall and recover the equipment.

  5. You are responsible for the care and safety of the Customer Premises Equipment and you must not add to, modify, reverse engineer, decompile or in any way interfere with the Customer Premises Equipment or any embedded software supplied as part of the Customer Premises Equipment nor allow anyone (other than an authorized Safaricom representative) to do so.

  6. Any Customer Equipment connected to the Customer Premises Equipment or otherwise used to access the Services must be technically compatible with the Customer Premises Equipment and the Services and shall be connected and used in accordance with such reasonable instructions, safety and security procedures as may be advised by Safaricom at the time of installation.

  7. Save where title to the Customer Premises Equipment has passed to the Customer following the payment to Safaricom by the Customer of any monies payable for the purchase of the Customer Premises Equipment, the Customer shall be liable to Safaricom for any loss of or damage to the Customer Premises Equipment, except where such loss or damage is due to fair wear and tear or is caused by Safaricom, or anyone acting on Safaricom’s instructions.

  8. Safaricom accepts no liability for any loss suffered by you or any third party as a result of the misuse of the Customer Premises Equipment or for any accidental damage.

  9. Without prejudice, Safaricom shall only be responsible for the replacement of the Equipment in the case of manufacturer’s defects covered by Warranty. Safaricom shall use reasonable endeavours to extend to you the benefit of any warranty as may be provided to Safaricom (subject to any limitations and restrictions thereon) by the manufacturers of such Equipment, provided that any expense reasonably incurred by Safaricom in extending such benefit shall be levied to your account and be payable by you.

  10. The Customer shall immediately notify Safaricom of any fault, damage, loss, or theft of any Customer Premise Equipment and shall be responsible for its replacement costs at the prevailing retail costs of the equipment. Such replaced Customer Premise Equipment shall remain the property of Safaricom.

  11. Save for the above, all conditions or warranties in relation to any Safaricom Equipment including the Customer Premise Equipment are excluded to the fullest extent provided by law including but not limited to any warranties and conditions expressed or implied by statute. Any warranty in relation to the Customer Premise Equipment will be deemed null and void should any damage or failure be as a result of failure to protect the Equipment by use of appropriate uninterruptible power supply or power surge systems, or as a result of any misuse of or tampering or interference with any Safaricom Equipment.

  12. You shall give possession to Safaricom or its authorized agents any Safaricom Equipment that you believe to be damaged, faulty or defective, together with all Equipment documentation that was supplied to you by Safaricom, within ten (10) business days of finding the fault or defect. For the purpose of this clause business day means Monday to Friday between the hours of 0900 and 1700, excluding public holidays. Safaricom shall then expeditiously provide you with the available options to restore the Services; including replacing the defective equipment at your cost.

  13. If the Services are terminated for whatever reason, you shall immediately notify Safaricom and initiate access to your premises for Safaricom/Safaricom’s authorised agents for the purpose of uninstalling and recovery of the Customer Premise Equipment and any other Safaricom Equipment.

11. How to Upgrade Your Service

You may upgrade your service by making an application through the USSD code *400# at the end of your current subscription or any other manner as we may advise from time to time.

12. Suspension or Variation of the Service

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

  1. Safaricom is required or requested to comply with an order or instruction of or on recommendation from the Government, court, regulator or other competent authority.

  2. you have not paid the Charges by the due.

  3. such a suspension or variation is necessary to facilitate modifications to or allow for planned maintenance of the Network provided that we give you reasonable notice of such suspension, termination or variation.

  4. 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.

13. Termination and Inability to Perform

This Agreement may be terminated if: 

  1. We have reason to believe that the Service is being used in an unauthorised or illegal way or for criminal activities or we have been instructed to cease providing the Service by any licensing, law enforcement or regulatory authority.

  2. it is found that the customer is reselling the Service or using the Service for commercial activities.

  3. It is found that the customer is sharing the service with other houses/premises.

  4. It is found that the customer has multiple accounts in the same house/premise.

  5. We have been instructed to cease providing the Service by any licensing, law enforcement or regulatory authority.

  6. You write to us notifying us of your decision to terminate this Agreement.

  7. Either party commits 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;

  8. either Party becomes bankrupt, or makes any arrangement with a creditor to go into liquidation or become subject to an administration order or a receiver is appointed over its assets;

  9. the Service is no longer available to you upon expiry of this Agreement or loss, damage of the Customer Premise Equipment;

  10. Your Equipment is found to emit signals, which may interfere with the quality of the Service;

  11. We do not receive your full payment by the due date; or (h) there exists a dispute as to payment.

  12. We have been instructed to cease providing the Service by any licensing, law enforcement or regulatory authority.

 

14. Consequences of Termination 

  1. Termination shall not affect any subsisting rights either Party may have against the other Party at the time of termination.

  2. Where you terminate this Agreement before the expiry of the initial term then you will be required to pay all outstanding charges.

  3. Where you terminate this Agreement after the expiry of the initial term without giving one (1) month’s written notice, then you will be required to pay all outstanding charges.

  4. You will immediately grant Safaricom its representatives or agents access to your premises to uninstall and recover the Customer Premises Equipment and any other equipment belonging to Safaricom.

  5. IN THE EVENT OF A TERMINATION OR CANCELLATION OF THE SERVICE, ANY UN-USED ALLOCATIONS OF DATA, VOICE MINUTES OR OTHER SERVICES (I) ARE NOT TRANSFERABLE AND (II) WILL BE FORFEITED.

 

15. Inability to Perform 

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, destruction of or technical challenges with the fibre or Customer Premises Equipment beyond our control 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 from you shall immediately become due and payable. 

16.  Applicable Law 

This Agreement shall be interpreted, governed and construed in accordance with the laws of the Republic of Kenya.

17. Other terms

  1. Safaricom does not warrant an uninterrupted fibre service and does not offer quality of service, uptime and throughput guarantees.

  2. We shall endeavour to maintain the Safaricom Fibre network and the Safaricom Fibre service to the best of our ability.

18. Extension of Terms

  1. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom PrePay and PostPay Service Terms and Conditions, M-Pesa Terms and Conditions, including the provisions on privacy and terms of use for any other Safaricom service that you may be enjoying.

  2. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Service at any time, including updating the Privacy terms. In any of these events, notice will be given via media advertisements (including at Safaricom’s discretion on the Safaricom website safaricom.co.ke) and will be effective immediately or as at the date referred in such notifications.

  3. These Terms and Conditions are available on safaricom.co.ke