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SIM Registration

Register your Safaricom SIM card and help in the fight against SIM related crimes

Register all lines including those belonging to children under the age of 18 and SIM cards used in Safaricom modems or any other data devices such as iPads, iPhones and Tablets.  This is important as it will help reduce SIM related crimes such as hate messages, kidnappings, fraud in mobile money and many others.

We have simplified the process for you;

  • If you have not registered your SIM, all you need to do is visit any Safaricom shop, Dealer or an M-PESA agent. Remember to bring your national ID or other official identification documents.
  • Those who have registered on M-PESA but have not updated their physical address, postal address and alternative number should dial *232# to update and complete registration.
  • To confirm if you are fully registered, Dial *232#.

 

Register TODAY to avoid disconnection!

Choosing Your Plan

PrePay

Call, text, surf the Internet, transfer money, stay informed and entertained using your Safaricom line.

We offer you a fresh and exciting communication experience with the best service and PrePay tariffs and plans around. Whether you are in the Mara or seated comfortably in your home you can rely on us to keep you connected. With affordable rates and a wide array of services tailor-made for you, we offer you a communication experience that is unrivalled.

The Safaricom Bonga Points also ensures that you get more out of your Safaricom line just by using it.  So what are you waiting for? Get connected to the strongest network in Kenya. Welcome to the Safaricom Family.

 

PostPay

Continue communicating without the concern of disrupted conversations due to insufficient credit, plus get access to exclusive new services.

 

Safaricom PostPay offers you peace of mind as you don’t need to worry about airtime running out at those critical moments. What’s more you no longer have to waste critical minutes going to the shops to buy credit when the need arises plus with competitive tariffs you can be assured of great savings on voice calls.

To be part of the PostPay experience all you need to do is visit a Safaricom shop near you with a filled Safaricom Customer Agreement and Safaricom Credit Application Form.

You will also be required to enclose copies of the following documents:

  • Certificate of Registration
  • PIN Certificate
  • VAT Certificate (for Corporates)
  • Identity Document or Passport

 

Ready for the Safaricom PostPay life? Download your Customer Agreement and Safaricom Credit Application Form

East African Roaming

No need of buying a new line when travelling out of Kenya.

You no longer have to worry about staying out of touch thanks to the new East African roaming rates covering Uganda, Rwanda and South Sudan. Roam with your Safaricom line when in these three countries and enjoy calling at only KSHs.10.

 

How to activate roaming

Before you travel ensure that roaming is activated on your line by simply dialling 200 for free or visit any Safaricom Retail Centre.

You will then be able to make and receive calls as well as SMSes.

 

How to make calls and send SMS while roaming overseas

You can call any destination within the country you are visiting by simply dialling the relevant area code and number.

To call home (Kenya): Dial + 254 followed by the desired number, e.g., for Safaricom mobile, dial +254 7xx xxxxxx, and for Nairobi landline, dial +254 20 xxxxxx.

To call other countries, simply dial + country code, area code, number, e.g., to call UK, dial + 4477 xxxxxxxxx.

To send SMS to Kenya or to an international number, type your message and send to the number as above.

 

How to control the cost of Roaming

To get maximum benefit from Safaricom Roaming service at a cost you are comfortable with, use Call Diverting or SMS.

 

International Roaming

We know that you like staying connected regardless of what art of the earth you are in. That is why we have designed this service that enables you to make and receive calls as you traverse the world. Explore our international calling and roaming rates to find out how you can continue using your Safaricom line uninterrupted worldwide.

With our negotiated bi-lateral roaming agreements with GSM operators in most of the popular international destinations, you can be sure that we offer you competitive roaming rates that consider your business and tourism interest.

 

Roaming Hints and Tips

  • If on PrePay, take extra scratch cards with you for easy airtime top-up/recharge anytime.
  • Don’t forget to pack your mobile phone charger and a travel plug adaptor.
  • Write down your Voicemail password so that you can access your messages while away.
  • Remember you could dial 112 for Emergency Services from any destination for FREE.

M-PESA Kadogo

Safaricom has introduced a new M-PESA tariff in order to drive financial inclusion that will allow M-PESA customers to carry out specific transactions that are KSHs.100 and below for free. M-PESA customers will now also be able to send as little as KSHs.1.

 

Our Digital Assets

Our Online Assets

We are more than just a telco but an organisation that transforms lives for the better. We do all this through our different services and products plus many other initiatives.

 

OUR BRAND

This is for you

My Kenya

Open Your Eyes Kenya

Naweza na Safaricom

Michael Joseph Center

Our Blog

Blaze

 

Why Safaricom

At Safaricom, we owe our success to the outstanding people who make it happen for our customers every single day. We don't just say we're passionate about our people - we mean it. We always listen to what our people have to say. We always reward those who are dedicated to performing at their very best.

'We're at our best when you're at yours are not just words, they are our beliefs. We provide our employees with a world of opportunities to help them discover and develop their talents. This not only enables them to make better professional contributions, but also enhances their personal growth.

 

Entertainment

Your phone doesn’t have to be like every other phone. Customise it and give it a personal touch. Step out of the norms that everyone has gotten used to and stand out. Be it through music or ringing tones, we offer you the chance to set yourself aside from the rest. We understand that your personality and interests are what identify you as a person and want to help you express them through our great entertainment packages that are built to complement your personality.

 

theBIGbox

Everything else is just TV, but theBIGbox is TV and Internet!

If you are looking for incredible TV experience, then look no further than the BIGbox, the first decoder in Kenya offering free to air channels and Wi-Fi which connects up to 10 users.

You can get the BIG box from any Safaricom Shop in Nairobi or Mombasa for KSHs.4,999. Safaricom will top up your BIGbox with a free 3GB Bundle at the point of purchase.

Data bundles plan for the BIGbox are:

BUNDLES

DATA

PRICE (KSHs.)

VALIDITY PERIOD

The BIGbox 5GB

5GB

1,199

30 Days

The BIGbox 15GB

15GB

3,199

30 Days

The BIGbox 30GB

30GB

5,999

30 Days

Home entertainment just got real!

For more information visit http://www.safaricom.co.ke/TheBigBox/

Terms and Conditions

Information Services

Need help or assistance? We’ve got you covered.

You no longer have to struggle to find information on different matters. Get accurate and up to date information and timely assistance when you need it easily through your phone.

 

Get More

We offer you more than just communication solutions. We believe in going the extra mile to ensure that we transform your life for the positive. That’s why we introduce services that seek to appreciate you as our client, that seek to give you assistance when you need it and also seek to give you inspiration and guidance when you require it.

 

Flexi Bonga

Shopping for a new phone or tablet just got better. Make use of your Bonga Points and save some cash. Flexi Bonga allows you to redeem your Bonga points to pay for Phones and Tablets at any Safaricom Shop. This means that you have the choice to pay for items on offer even if they are not on the Bonga Matrix list. You can decide to pay half the amount in cash and the other half using Bonga Points. Dial *126*7# to view the different phones and tablets available among other hot deals.

Fibre for Business

Our Internet for Business plan reflects our renewed promise to you to be Simple, Transparent and Honest. We have competitive packages that suites your business needs and seamless processes that guarantees a hassle-free experience.

New Internet For Business Packages

Package Internet For Business 3Mbps Internet For Business 5Mbps Internet For Business 10Mbps
Price (incl Tax)  Ksh 3,999 Ksh 5,499 14,999
Recommended no. of users Small offices of 1-10 users Median offices of 10-20 users Medium offices of 20-30 users
Suitable appliactions
  • Frequent Email
  • Light Web Browsing
  • Light File Sharing
  • CCTV Backup
  • Frequent Email
  • Moderate Web Browsing
  • Large File Sharing
  • CCTV Backup
  • Frequent Email
  • Heavy Web Browsing
  • Large File Sharing
  • Online Based Businesses
  • Cloud Connectivity
  • CCTV Backup

 

Key Benefits for the Internet for Business

  1. High speed and reliable internet connectivity.
  2. Competitive packages giving you value for your money.
  3. Simple and quick process from order to connection.
  4. Transparent billing process.
  5. A range of packages to suite your business requirements..

What is required to sign up for Internet for Business

You will be required to visit a Safaricom Shop with the following documents/details

  1. A duly filled Business Connectivity application form provided by a Sales agent or at a Safaricom Shop.
  2. Certificate of Incorporation or Business Permit for the business.
  3. KRA PIN Certificate
  4. Details of the Contact Person
  5. For the post-pay plan, a deposit payment equivalent to one month’s payment will be required during the service activation process.  The deposit is refundable upon termination of the service.

How does billing work

  1. Monthly bills will be sent to you via email at the end of the month. Initial month will only be billed for the number of days used from the date of installation.
  2. The bill can be paid via M-PESA or at any Safaricom Shop.

For any support or queries please call us on 07220022222.

 

SME

In today’s workplace, productivity and efficiency is closely tied to how well your company communicates. How your employees and partners share information, how you talk with your clients, how you make and receive payments plays a big role in the growth of your company.

However, day to day issues in technology such as server downtime, data loss and security breaches are unpredictable and counter-productive. In the long run, a company will spend a lot of time and money doing upgrades or maintenance. Whether you are a small company, medium or a large corporate, you can take advantage of our secure and reliable solutions ranging from the simple off-the shelf solutions suitable for every SME to the complex ‘tailor-made’ solutions for large corporates.

Wherever your business is, we’ve got you covered. Safaricom has the widest footprint across Kenya and cutting edge technology in cloud, voice, data and mobile payments to help you streamline your business.

The office is not only a physical space. With Safaricom cloud services, the whole world is your office. You can now work from anywhere anytime. By remotely accessing your dedicated Virtual machines, you can install and use applications like online payroll and accounting software through our high speed and secure internet connections.

Millions of people use M-PESA to pay their monthly bills because it is convenient. You can now securely make and receive bulk payments in real-time. Payments can be scheduled to increase efficiency so no delays and long queuing.

 

Corporate Advantage Plus

Corporate Advantage Plus is a new corporate plan that offers you as a Safaricom corporate customer, bundled Minutes, Internet and SMS at preferential rates. The bundles are tailored to provide you with additional value that matches your current spending patterns and requirements.

Key Benefits of Corporate Advantage Plus

  1. Preferential rates for voice, data and SMS bundles
  2. Plan offers an ‘all in one’ to avoid hustle of purchasing voice and data separately

 

Corporate PostPay

This Safaricom PostPay offers you peace of mind as you don’t need to worry about airtime running out at those critical moments. What’s more you no longer have to waste critical minutes going to the shops to buy credit when the need arises. With competitive tariffs you can be assured of great savings on voice calls.

Key Benefits of Corporate PostPay

  1. Business Continuity – no need to worry about airtime running out
  2. Convenience – no need to spend time purchasing and loading credit
  3. Cost Effective – competitive tariffs ensure great savings on voice call

 

Lock Savings Account

This is a savings account that allows M-Shwari customers to save for a defined purpose and for a specified period of time. The funds saved on the M-Shwari Lock Savings account will be kept in the account until the maturity date. The maturity date which is between a period of one to six months will be set upon opening the account.

Steps to open the Lock Savings Account

  1. Go to M-PESA
  2. Select Loans and Savings
  3. Select M-Shwari
  4. Select Lock Savings Account
  5. Then select Open Account to join

The M-Shwari Lock Savings account will help you not only save for a rainy day, but also earn you interest on your savings.

Rock your dreams today by opening the Lock Savings Account.

M-Shwari Lock Savings Account Terms & Conditions

Corporate

In today’s workplace, productivity and efficiency is closely tied to how well your company communicates. How your employees and partners share information, how you talk with your clients, how you make and receive payments plays a big role in the growth of your company.

However, day to day issues in technology such as server downtime, data loss and security breaches are unpredictable and counter-productive. In the long run, a company will spend a lot of time and money doing upgrades or maintenance. Whether you are a small company, medium or a large corporate, you can take advantage of our secure and reliable solutions ranging from the simple off-the shelf solutions suitable for every SME to the complex ‘tailor-made’ solutions for large corporates.

Wherever your business is, we’ve got you covered. Safaricom has the widest footprint across Kenya and cutting edge technology in cloud, voice, data and mobile payments to help you streamline your business.

The office is not only a physical space. With Safaricom cloud services, the whole world is your office. You can now work from anywhere anytime. By remotely accessing your dedicated Virtual machines, you can install and use applications like online payroll and accounting software through our high speed and secure internet connections.

Millions of people use M-PESA to pay their monthly bills because it is convenient. You can now securely make and receive bulk payments in real-time. Payments can be scheduled to increase efficiency so no delays and long queuing.

 

Investor Calendar

Meeting / Activity Date Venue / Location Time
Announcement of H1FY18 (Interim) results Friday 3 November 2017 Michael Joseph Center – Safaricom House (HQ1), Waiyaki Way 7.00 a.m. to 9.00 a.m.
Payment of Dividends On or before 1 December 2017 Not applicable Not applicable

To participate in the Safaricom’s 1H18 results conference call on Friday 3rd November 2017 courtesy of SBG Securities. See below the dial in details:

Conference Reservation ID: Safaricom 1H18 Results Call

Date: Friday 3rd November 2017

Time: 1600 East Africa, 1500 SA, 1300 UK, 0900 NY

Safaricom Hosts: Sateesh Kamath (CFO), Ilanna Darcy (Financial Planning &IR)

SBG Securities Host: Gregory Waweru

Please pre-register for the call by clicking on this link.

For those unable to pre-register, please dial the numbers below

International/SA: +27 11 535 3600/ +27 10 201 6800

UK: 0808 162 4061

North America: +1 855 481 5362

Kenya: 020 7602 021

For more information or other queries please contact Safaricom investor relations team via investorrelations@safaricom.co.ke

M-PESA Kadogo

Safaricom has introduced a new M-PESA tariff in order to drive financial inclusion that will allow M-PESA customers to carry out specific transactions that are KSHs.100 and below for free. M-PESA customers will now also be able to send as little as KSHs.1

Okoa Stima

LUGARI TEAMS WIN CHAPA DIMBA NA SAFARICOM WESTERN REGION TITLES

Kakamega, Kenya – Sunday 13th January 2019…Blue Saints and Bishop Njenga Girls, both from Lugari, are the Chapa Dimba Na Safaricom season 2 Western Region champions.

 

Bishop Njenga triumphed after seeing off Kakamega’s Ibinzo Girls two goals to nil. Sheila Wikonza and Maureen Omende scored the goals in the second half for Bishop Njenga.

 

Lugari Blue Saints came from a goal down to beat The Saints from Buture-Mumias two goals to one in an entertaining boys final. After a goalless first half, The Saints opened the scoring through Atem Kato with Lugari hitting back through Watson Anami and Reagan Mumela.

 

 “The game was tough as each team was dedicated to clinching the title. We are glad because our struggles have borne us fruits. We have been training hard for this tournament and we hope to be the national champs”, said Sheila Wikonza – Scorer, Bishop Njenga Girls.

 

The winners received a cash reward of KES 200,000 each and will now represent Western region in the national finals scheduled for June 2019 at Kinoru Stadium, Meru County.

 

“Our dream of becoming the national champs has started well.  We are glad that we have made it through to National Finals already. I hope some of my players will also be named in the all–star team that will go to Spain for training. This has been a good journey for us as a team,” said Ted Omnala –Coach, Lugari Blue Saints.

 

At the grand finale, the winning boys’ and girls’ teams will each walk away with KES 1 million shillings in prize money. An All-star team will also be selected from the 8 regional finals to attend a training camp in Spain during which they will play against local youth sides.

 

The competition now moves to Moi Stadium in Kisumu for the Nyanza regional finals set for 9th and 10th February.

 

SCORERS -Girls

  1. Bishop Njenga 2:0 Ibinzo

     Bishop Njenga (2)

  • Wikonza Sheila -53rd Minute
  • Omende Maureen – 58th Minute (Penalty)

 

SCORERS -Boys

  1. Lugari Blue Saints 2: 1 The Saints

The Saints (1)

  • John Atem Kato –38th Minute

Lugari Blue Saints (2)

  • Watson Anami -63rd Minute
  • Reagan Mumela– 72nd Minute

AWARDS

  1. MVPs
  • John Atem Kato - The Saints (Boys)
  • Lavender Murumwa – Bishop Njenga (Girls)

 

  1. Golden Boot/Top Scorer

Boys

John Atem Kato-The Saints

Girls

Ann Malubi - Ibinzo

 

  1. Best Keeper

Boys

Said Aleeyey-The Saints

Girls

Stella Ahono - Bishop Njenga

Test

Testing

ectizen

Say goodbye to long queues while trying to access government services. With the eCitizen portal you can now have access to various government departments for quick and easy services. What’s even better, the payment mode has now been made easier and more convenient as all payments on the portal are made via M-PESA PayBill through business number 206206. This ensures your transactions are safe and easy giving you more time to build the nation.

Plus you no longer have to guess on the transaction charges. Just dial *234*2*5# to find out.

Some of the services available on the portal include:

  • NTSA
  • Provisional DL
  • Test Booking
  • Interim DL
  • Duplicate DL
  • Renewal of DL
  • Driving Class

Lands

  • Land Rents
  • Land search

Immigration

  • Passport/Visa/Travel permits
  • Registration of birth
  • Death Certificate

AG'S Office

  • Business
  • Business Name Registration

 

Safaricom WAN Multiprotocol Label Switching

UNLOCK YOUR DATA SERVICE

TERMS AND CONDITIONS FOR THE SAFARICOM UNLOCK YOUR DATA SERVICE

The following terms and conditions apply to the Safaricom Unlock Your Data Service (“the Service”) and by participating in this Service, you will be deemed to have read, understood and accepted the same: -

1.Eligibility

The Service is open to all Safaricom subscribers.

2.The Campaign

This Service enables Safaricom subscribers enjoy browsing on their phones using affordable data bundles, that will be recommended to them based on their monthly average spend on data bundles.

3. Launch of the Service

This Service will be launched at 0000hrs on 8th December 2020.

4. How to participate in the Campaign

  1. Subscribers will be dial *544# and select “unlock your data.”

  2. Proceed to make payment. You can pay through airtime or M-PESA.

  3. You will receive an SMS confirming successful purchase.

  4. Proceed to browse the internet on your phone.

5.Available bundles

The following data bundles are available once you unlock your data bundle:

COST (KES.) BUNDLE OFFER

5

50MBs

10

100MBs

20

250MBs

50

500MBs

75

1000MBs

100

2000MBs

250

5000MBs

500

10000MBs

1000 and above

20000MBs

6.  Validity of the unlock your data bundles

  1. Subscribers who purchase a recommended bundle worth Kshs. 100.00 and below will be offered a twenty (24) hours validity period.

  2. Subscribers who purchase a recommended bundle worth Kshs. 101.00 and above will be offered a seven (7) days validity period.

7. Privacy

(a) Definition

“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.

(b) 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.

(c) 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.

(d) Minors

When registering a minor as a Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

8. Other Terms

  1. The unlock your data bundle cannot be transferred (sambaza) to a third-party device.

  2. The unlock your data bundle does not rollover to the following day.

  3. The unlock your data bundle is only awarded once a day.

  4. All other applicable rates for use of the Safaricom services remain unchanged.

  5. The Service will not be available in conjunction with other data campaigns, promotions and rewards.

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

  7. These terms and conditions are supplemental and subject to the standard terms and conditions for the use of the Safaricom PrePay and PostPay data bundles according to the terms of usage of the Safaricom Prepay & PostPay Data Bundles

CONDITIONS FOR USE OF THE SAFARICOM SERVICES

CONDITIONS FOR USE OF THE SAFARICOM SERVICES

Download PDF Version

1.THE SERVICES

The Services (basic voice, international dialing, international roaming, short message service (“SMS”), data, voice mail, financial services such as M-Pesa and other M-Pesa related services offered via our Network that we make available to you from time to time) are made available to you subject to these Conditions of Use;

  1. Although we shall try to ensure that you are able to make full use of the Services to access the Network within the coverage area, we do not guarantee that the Services shall be available at all times and we shall not be responsible or liable for any loss whatsoever and howsoever arising as a consequence of any non-availability of the Services. The Services are not fault free and factors including (but not limited to) acts of God, geographical topography, weather conditions, emergency and planned maintenance or rectification work on the Network may interfere adversely with the quality and provision of the Services. Access to roaming networks will depend upon the arrangements between the foreign operators and us and will be subject to the availability of the foreign operator's network, gateway restrictions and charges.

  2. The SIM Card will at all times remain our property and is issued to you together with the MSISDN i.e your mobile number, subject to these Conditions of Use. In the event of damage to, loss or theft of the same, you are obliged to inform us immediately of such damage or loss thereto or theft thereof. We will then disable such damaged, lost or stolen SIM Card; a replacement or repair fee may be applicable (you will be responsible for all usage charges up to the time of informing us of the damage, loss or theft);

  3. We may at our discretion and without prior notification, vary or discontinue the provision of the services or any part thereof without incurring any liability to you;

  4. Access to all or any part of the Services may be subject to the payment of additional charges on such terms and conditions as we may determine;

  5. For details of areas covered by us, please contact our Customer Service Hotline; 

  6. Please note that the confidentiality of your communications via our Network is not guaranteed. You are advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. We cannot accept any liability for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality;

  7. You must comply with any instructions that we may give you from time to time about the use of the Services;

  8. Access to data services may be controlled from time to time by limiting the volume or speed or duration of downloads to facilitate fair access to the services by all Customers;

  9. With the exception of calls made to our Customer Service Hotline numbers and to any other designated toll-free numbers, a variable minimum network access credit requirement shall be applied and shall depend on the Tariff used by the Customer.

  10. We may offer Third Party services on the Network from time to time. It shall be your responsibility to read and understand the privacy policies and terms of such services prior to usage thereof. We shall not be liable in any manner whatsoever for any loss, nuisance or damage that may be suffered by you with respect to such services. You hereby agree to indemnify us against any costs, damages and expenses whatsoever that may arise from such usage.

 

2. ACCEPTANCE AND COMMENCEMENT OF CONDITIONS OF USE

You are deemed to have accepted these Conditions of Use as amended from time to time and which take effect: -

  1. Upon the initial activation of your SIM Card; or

  2. Upon the Re-charge of your account at any time with any amount using the designated recharge voucher, M-Pesa or using any other approved means of Re-charge; or 

  3. Upon your use of our Services or upon you accessing our Network at any time.

 

3. PAYMENTS

  1. You must ensure that you have sufficient credit so as to access the Services, as we shall not be liable to you in any manner in the event that you are denied access to the Services due to insufficient credit with us;

  2. The Tariff Guide is available to you only as a guideline and is not a legally binding document. The Tariffs are subject to change without prior notice. Unless otherwise provided therein, all Tariffs listed therein include Value Added Tax but are subject to other applicable levies and taxes at the then prevailing rates.

  3. Outgoing and incoming call and text message charges applicable under the Roaming Services shall be those levied by the relevant Network providers (which may include a minimum charge) plus our charges at the prescribed rates.

 

4. SUSPENSION AND DISCONNECTION OF THE SERVICES

  1. We may suspend (bar), restrict or terminate the provision of the Services (in whole or in part) without informing you and without any liability whatsoever (although, we will, where possible, try to inform you that such action is or may be taken) under the following circumstances: -

    1. If we are aware or have reason to believe that your Equipment or SIM card is being used in an unauthorised, unlawful, or fraudulent manner (or has been so used previously) or if you choose not to use the Services for a period of over one hundred and twenty (120) days after the end of the validity of your last Re-charge).

    2. “Use” includes, the making of any chargeable outbound calls, sending chargeable SMS's, accessing data services, Re-charging of your account, accessing M-Pesa and for any other use or access to our other services;

    3. If you do not comply with any of the conditions relating to any part of the Services;

    4. If we believe you are making calls or sending data which is classified in our sole opinion as being illegal, a nuisance, abusive, a hoax, menacing or indecent or is an offence that is deemed to be one in existing enacted legislation (including any calls or messages relayed to our customer service operators);

    5. If we are aware or have reason to believe that you have Re-charged (or have attempted to Re-charge) your account by using any fraudulent or illegal means, over and above any other remedies we may have, we may also bar the Equipment from accessing the Services and/or bar the MSISDN so that it is no longer available for use or Re-charge with any electronic facility.

    6. If you notify us that your Equipment has been lost or stolen;

    7. If you do anything (or allow anything to be done) with your Equipment which we think may damage or affect the operation or security of the

    8. Network or the Services;

    9. For reasons beyond our control.

  2. Where the continued Use of our Services has been suspended or terminated for any of the above reasons, and your account expires any credit balance in your account, excluding M-Pesa credit balances and M-Pesa related services, will be forfeited. Where we have suspended or restricted access to the Services for any of the above reasons any reconnection is at our discretion, and a reconnection fee may be charged.

  3. "Expiry" occurs when your account has been inactive for one hundred and twenty (120) days after the end of the validity period of your last Re-charge. The validity period may vary depending on the value of the Re-charge voucher. After the Expiry of your account, we will reserve the right to deactivate and recycle the MSISDN and make it available for sale to another customer, without further liability to you.

5.YOUR RESPONSIBILITIES

  1. You will be responsible for all applicable charges for using the Services using the Equipment whether those Services were used by you or someone else with or without your authority or knowledge;

  2. You are responsible for the legal compliance and security of any Equipment used to access the Services. You are also advised to read and understand any manufacturer's instructions for use of the Equipment. We will not accept liability for any malfunction of the Equipment, injury, loss of data or damage to the Equipment;

  3. You are solely responsible for any transmitted material and or communication, which is classified as illegal, defamatory, misleading or in breach of any person(s) rights and shall keep us indemnified against any claims and expenses made against us in respect thereof.

6.VARIATIONS

  1. We may change or withdraw the Services (or part thereof) at any time, with or without notice. Where possible we will give reasonable notice of these changes. You will still be able to use any credit that you have accumulated, prior to the withdrawal of all of the Services;

  2. We may make changes to these Conditions of Use from time to time and/or to introduce new terms from time to time if there are changes to the law or to the terms of our telecommunications licence;

  3. By continuing to use the Services you shall be deemed to have agreed to the modifications contemplated in clause 7(a) and (b) above.

7. NOTICES

Any notices in regard to any information that we may wish to send to you from time to time including but not limited to variations to these Conditions of Use, modifications/variations to the Services or Tariffs, any promotions and other information will be through advertisement in a daily newspaper, SMS, our website, and/or by using any other suitable means PROVIDED THAT you shall be deemed to have been duly notified regardless that the same may not have actually come to your attention. 

8. LIABILITY AND EXCLUSIONS

  1. In the event that we are compelled to change or reassign your MSISDN to meet regulatory requirements or for any other reason, we will not have any liability to you;

  2. To the maximum extent permissible by law we exclude warranties of all kinds, either express or implied;

  3. To the fullest extent permissible by law, we are not liable for any costs, loss, liability or damage whether direct, special or consequential, howsoever and whensoever arising out of our supply of, or failure to supply, the Services and you shall indemnify and keep us indemnified at all times against any and all costs, expenses, actions, claims, demands and damages howsoever and whenever arising as a result of the use of the Equipment or SIM Card by you or anybody else.

9.PRIVACY

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

10. AMENDMENT OF THESE TERMS

Safaricom reserves the right to amend or vary these Terms and Conditions or to withdraw this PrePay Service at any time. Any update or amendment to these Terms and Conditions including privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update or amendment. 

 

11. MISCELLANEOUS

  1. These Conditions of Use as from time to time amended form a legally binding agreement binding on you and your personal successors and permitted assigns.

  2. Failure by either of us to enforce any rights under these Conditions of Use shall be without prejudice to any available legal remedies and does not imply any admission of liability on our part for any alleged breach.

  3. The number and duration of messages that can be left on your voicemail service will be limited. Call our Customer Service Hotline for further information.

  4. Note that the identity of your MSISDN will be sent through the Network so as to be identified by the recipient of your communication. Your MSISDN will always be transmitted if calling 999 or 112 or any other emergency assistance number.

  5. If the facility to eliminate the presentation of the number of an incoming call is made available, we may charge you for the use of such a facility at the price as stated in our Tariff Guide.

  6. For your own protection, you must keep confidential all personal identification or security numbers used with the Services. The numbers/codes which we allow you to use with the Services will remain our property at all times.

  7. The intellectual property rights in the SIM Card and all Services (including the software) (“IPR”) belongs to us or our suppliers and is supplied to you, under licence, by us for proper use with the Services only. We may change the IPR at any time without prior notice to you. You may not copy or change or reverse engineer any of the IPR. If the Equipment is disconnected from the Services or if we change the IPR you must either destroy the SIM Card or return it to us, as we may request.

  8. Unless requested in writing and upon payment of the applicable charge by you or your duly authorised representative we do not provide itemised billing statements or call data information.

  9. The terms of these Conditions of Use are subject to and governed by the laws of Kenya and the parties submit to the exclusive jurisdiction of the courts of Kenya.

  10. If any provision of these Conditions of Use shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein and all provisions not so affected by such invalidity or unenforceability shall remain in full force and effect.

 

12.  DISPUTE RESOLUTION

  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 be referred to arbitration.

  2. Arbitration shall be 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.

  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.

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

 13. COMPLETE TERMS AND CONDITIONS

The complete terms and conditions of the Safaricom Service together with any variations, changes thereto may be accessed through our web page at www.safaricom.co.ke

 

 

SAFARICOM AUTO OKOA SERVICE

TERMS AND CONDITIONS FOR THE SAFARICOM AUTO OKOA SERVICE

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The following terms and conditions apply to the Safaricom Auto Okoa Service (“the Service”) by subscribing to this Service you will be deemed to have read, understood and accepted the same: - 

1. The Service

  1. This Service enables eligible Safaricom Prepay subscribers to opt to receive an Okoa Jahazi credit facility every time their airtime is below Kshs 5/-.

  2. For providing the Okoa Jahazi credit facility to you, Safaricom will charge an advance fee of 10% for each request. This means that you will receive the requested Credit Advance less 10%.

2. Launch of Service  

The Service will run from 0000 hrs on 14th June 2018. 

3. Eligibility 

This Service is open to all Safaricom Prepay subscribers who:

  1. use the Okoa Jahazi Service and repay their Credit within the required time.

  2. have a monthly average usage of Kshs. 500 and above.

4. How to Participate  

  1. Eligible subscribers dial *131# or *456*2#, select “Auto-Okoa” and choose “Subscribe” and select the amount of Okoa Jahazi you want to borrow.

  2. On successful subscription, the subscriber will receive a confirmation SMS message.

  3. Once you opt into the Service, you will be credited with the amount of Okoa Jahazi subscribed to when you initiate a call and the airtime threshold gets below Kshs. 5/-.

  4. A notification message will be sent to you to confirm award of the amount received.

  5. The Auto Okoa Jahazi Service is only applicable:

    1. if the customer has subscribed to the service by dialing *131# or *456*2# C1 - Public

    2. if the customer has an average monthly revenue usage of Kshs. 500/- and above.

    3. If a customer does not have an existing Okoa Jahazi loan and pays within the required time frame.

  6. When you top up, the entire outstanding Credit will be deducted in one instance.

  7. Once repayment has been made, you will receive a message confirming the amount recovered and the new outstanding debt, if any.

  8. The balance of the Auto Okoa Jahazi debt must be fully repaid within five (5) days from the date of issue failing which you will be blacklisted for 24hrs. 

 5. Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

6.  Extension of Terms

  1. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom Okoa Jahazi Service, Safaricom Okoa Bundles Service, the Safaricom Prepay Terms and Conditions including the provisions on Privacy and terms of use for any other Safaricom Services that you may be enjoying available on www.safaricom.co.ke

  2. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Service at any time. In any of these events, notice will be given via SMS to the eligible subscribers and will be effective immediately or as at the date referred in such notifications. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update.

  3.  These Terms and Conditions are available at www.safaricom.co.ke

 

SAFARICOM ANNIVERSARY SERVICE

TERMS AND CONDITIONS FOR THE SAFARICOM ANNIVERSARY SERVICE

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The following terms and conditions apply to the Safaricom Anniversary Service (“the Service”) and by activating the Service you will be deemed to have read, understood and accepted the same:

1.The Service

The Service gives Safaricom PrePay and PostPay subscribers an opportunity to make voice calls at affordable rates on their birthday and those celebrating ten (10) years and more on the Safaricom network. In addition, eligible subscribers will receive 1GB on their birthday and when celebrating ten (10) years and more on the Safaricom network.

2. Eligibility

The Service is open to all Safaricom Prepay, Hybrid and PostPay subscribers.

3. The Service

The Service will launch on 25th October 2018.

4. How to Participate 

  1. The eligible subscribers will be identified by Safaricom from the Network.

  2. You will receive a notification with either birthday wishes, or anniversary wishes as well as the offer to make calls at Kshs. 1/= all day.

  3. You will also receive a notification that you have been awarded 1GB on either your birthday or anniversary.

5. Validity

You can make calls all day across all networks for Kshs. 1/= per minute until 0000hrs.

The 1GB awarded will be valid for twenty (24) hours.

6. Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.Extension of Terms

  1. Save as modified above, these Terms and Conditions including privacy terms are supplemental to and subject to the published Safaricom Prepay and PostPay Service Terms and Conditions as well as the Safaricom PrePay and PostPay Data Bundles and other Services that you may be using.

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

 

 

THE SAFARICOM FLEXIBLE TALK TIME BUNDLE SERVICE

TERMS AND CONDITIONS FOR THE SAFARICOM FLEXIBLE TALK TIME BUNDLE SERVICE

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The following Terms and Conditions apply to the Safaricom Flexible Talk time bundle Service (“the Service”) and by opting into this Service, you will be deemed to have read, understood and accepted the same:

1. The Service

  1. This Service aims at giving Safaricom subscribers an opportunity to buy flexible talk time bundles that give resources in flexible units.

  2.  The talk time units are equivalent to one talk time unit = one Kshs. which can be use on both calls and SMS.

2. Eligibility

The Service is open to all active Safaricom PrePay, hybrid, PostPay and Blaze subscribers.

3. Launch of Service

The Service will launch at 0000hrs on 16th March 2020.

4. How to enrol in the Service

  1. Dial *444# from your Safaricom line and select “Talk Time Bundle”.

  2. Select 1 and enter any amount you wish to spend.

  3. Proceed to make payment through airtime or M-PESA.

  4. You will receive an SMS confirming successful purchase of the Flexible Talk time bundle.

  5. Purchase of Flexible talk time bundle for calls and SMS allocated are calculated based on subscriber’s previous week’s average daily spend as indicated in the table below:

  Bundle Amount selected

Rate for Talk time units

Validity

Spend

Band 1

Less than previous week’s average voice

+ SMS spend 

1.7

24 hours

Spend

Band 2

Greater than previous week’s average voice + SMS spend but less than Average x 1.5

2.5

24 hours

Spend

Band 3

Greater than 1.5 previous week’s average voice + SMS spend 

3.0

24 hours

5.Other Terms of the Service

  1. You cannot sambaza (share) Flexible talk-time resources to another Safaricom subscriber.

  2. Flexible talk-time resources can be used for calls and SMS for all local networks; on net and off net. Existing calling and SMS rates will prevail.

  3. You cannot purchase data resources, SMS resources, Skiza and Premium rated services with the flexible talk-time bundle resources.

  4. You also cannot use the bundle resources to roam or make international calls.

  5. You can purchase the extra airtime multiple times in a day.

6. Validity of the awarded bundle

The bundle minutes and the preferred calling rates will be valid for twenty-four (24) hours from the time of purchase.

7. Priority of Usage

The Bundle resources will have utilisation priority over Main account and Okoa.

8. Other terms

  1. You will accumulate Bonga Points on purchase of Flexible talk-time bundle as per current Safaricom Loyalty Programme (Bonga) published terms.

  2. Flexible talk-time bundle will not be considered as spend for accumulation of the storo bonus targets.

9. Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

10. Extension of Terms

  1.  Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom PrePay Service Terms and Conditions, Safaricom PrePay and PostPay Data Bundles, Okoa Jahazi Terms, Bonga Terms and other Services that you may be using.

  2. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Tariff at any time. In any of these events, notice will be given via media advertisements (including at Safaricom’s discretion on the Safaricom website www.safaricom.co.ke) and will be effective immediately or as at the date referred in such notifications. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update.

  3. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom PrePay and PostPay Terms and Conditions, Safaricom PrePay and PostPay Data Bundles including the provisions on Privacy and terms of use for any other Safaricom service

  4. These Terms and Conditions are available on www.safaricom.co.ke

 

SMS MORE FOR LESS

TERMS AND CONDITIONS FOR SAFARICOM SMS BUNDLES (“SMS MORE FOR LESS”)   

Download PDF Version

The following terms and conditions apply to the Safaricom SMS Bundles (”the Service”) and by activating this service you will be deemed to have read, understood and accepted the same:-

1. Eligibility

  1. This Service is open to all Safaricom Prepay and PostPay subscribers apart from those listed in 1 (b) below;

  2. The Service will not be available to subscribers who are roaming

2. The Service

  1. The Service provides you with an opportunity to subscribe to any of the following SMS Bundles:-

    1. Two (2) SMSs for Kshs. 1 per day*.

    2. Six (6) SMSs for Kshs. 3 per day*.

    3. Twenty (20) SMSs for Kshs. 5 per day.

    4. Two Hundred (200) SMSs for Kshs. 10 per day.

    5. Three Hundred (300) SMSs for Kshs. 15/- per day.

    6. Five Hundred (500) SMSs for Kshs. 20 per day.

    7. These two (2) SMS Bundles are only available to subscribers who use SMS on limited occasions.

  2. The SMSs will be valid for use on:

    1. On-Net (Safaricom to Safaricom) SMS;

    2. Safaricom to Twitter SMS;

    3. Safaricom to Facebook SMS.

 

3. How to Participate

  1. To opt into the Service, dial *188# from your Safaricom mobile line.

  2. Upon dialling *188# you will get a menu with options to subscribe to the Ksh 1, 3, 5, 10 or 20 SMS Bundle depending on your usage.

  3. Upon selection of your preferred SMS Bundle, you will receive a message advising you that your request is being processed.

  4.  A second message confirming successful registration and number of SMSs subscribed to will be sent to your mobile line.

  5. The SMS Bundle is valid for 24 hours from the time of subscription. Billing of the SMS Bundle will take place at 1159 hours daily. 

  6.  Unused SMS will lapse and will not be carried over to the following day.

  7. During charging/billing, the SMS bundles will be used first, followed by Okoa Jahazi airtime and then your normal airtime.

  8. You will only be in a position to subscribe to one of the SMS Bundles in 24 hours. You can change your SMS Bundle anytime of the day. However, the change will only take effect at midnight and you lose the balance of SMSs on the bundle you are moving from immediately you make the change.

  9.  The SMS Bundle subscribed to will be renewed automatically at the lapse of 24 hours subject to availability of airtime in your Safaricom line. If you have no airtime at the time of renewal, your subscription will lapse. You will however, be in a position to subscribe afresh once you upload airtime.

  10.  To change your SMS Bundle, you will first subscribe out of the Service and then subscribe afresh by choosing the SMS Bundle required.

  11.  If you exhaust your free On-Net SMS before 11.59 hours daily, you will be charged an out of bundle rate at the prevailing published Safaricom rate (currently Ksh 1 per SMS).

4. How to Subscribe out of the Service

To subscribe out of the Service, dial *188# and follow the prompts.

5. 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 and other Services that you may be using.

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

  3. Terms and Conditions available on www.safaricom.co.ke

SAFARICOM TUNUKIWA SMS OFFERS

TERMS AND CONDITIONS FOR THE CHANGES IN SAFARICOM TUNUKIWA SMS OFFERS

Download PDF Version

The following Terms and Conditions apply to the changes in Safaricom Tunukiwa SMS offers and by purchasing the changed offers you will be deemed to have read, understood and accepted the same: -

1. The Offer

Safaricom Subscribers will be presented with an option to buy revised Tunukiwa SMS bundles. Each customer will be presented with one Tunukiwa SMS bundle option based on their usage profiles.

2.Eligibility

The Promotion is open to all Safaricom PrePay and PostPay Customers.

3. Offer Start Date

This is a permanent offer which will commence at 0000 hrs. on 25th January 2018.

4. How to Participate

  1. Eligible subscribers will be identified and contacted by Safaricom via SMS when the new offers are launched on the Tunukiwa Menu.

  2. Eligible subscribers will purchase the new SMS bundle by dialling *444# from their Safaricom line.

  3. Eligible subscribers can purchase the resources as many times as possible every day depending on their preferences.

5. Promotion Rules

  1. The validity of the resources will be 24 Hours after purchase.

  2. The amount deducted from the purchase of this offer will not be considered in the aggregation of usage for the achievement of Stori Ibambe targets.

  3. The 24 hr SMS bundle can be used to extend any other pre-existing SMS bundles

  4. The 24 hr SMS bundle validity can be extended by purchasing another SMS bundle of longer validity

6. Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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. Other Terms

  1. All other applicable rates for use of other Safaricom services remain unchanged.

  2. Safaricom reserves the right to amend or vary these terms and conditions including the privacy terms or to withdraw the Promotion at any time. In any of these events, notice will be given via media advertisements (including at Safaricom’s discretion, on the Safaricom website www.safaricom.co.ke) and will be effective immediately or as at the date referred in such notifications. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update.

BUSINESS TUNE RING BACK

BUSINESS TUNE RING BACK TERMS & CONDITIONS

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1. What is a Business Tune?

The Business Tune Ring Back Service is provided by Bluewater Group Limited on Safaricom Limited’s network. It is a service on which a Corporate or SME jingle is played to calling parties as they wait for their calls to be received, instead of the standard Ringback or other forms of Ringback tones. They are paid for.

2. How does it work?

You will be required to either submit your already done 30 second jingle for review using the email businesstunes@bluewatergroup.co.ke or, for new requests that you may wish to be recorded, send an SMS with your preferred message or enquiry to the short code 22229. Your request to join the Business Tunes will be processed. Each SMS costs Ksh. 10

3. Who can Subscribe to the Business Tunes Ring Back service?

You can join the service if you are a Safaricom pre-paid or post paid customer and would like to brand your company or SME using the ring back tune.

4. Requirements:

You are required to submit a letter on the company / business letterhead signed by the directors authorizing the inclusion of your Corporate or SME tune in the service. The letter should be accompanied by copies of the national identity cards of the two signatories and a copy of the certificate of incorporation / business registration certificate and / or country government business permit where necessary. If you wish to produce your tune independently, please provide a copyrights certificate in the name of the entity requesting the service or an assignment of rights in case the submitting entity is not the producer.

5. Charges:

If you are a pre-paid subscriber, you have to pay a daily fee of Ksh. 5 which is deducted from airtime, if a post paid subscriber you pay the same amount, but it is included in your monthly bill.

5. Removal of Content:

It lies within Bluewater Group Limited’s sole discretion to pull down a Business Tune from the service for legal or rights issues or as otherwise provided for herein. In the event of such a removal, Bluewater Group may, but is not obliged to, offer you a replacement tune to the value of the ring back tune which was removed. No refunds are payable.

6. Changing of Content:

It lies within Safaricom Limited’s sole discretion to add a pre-roll message to any ring back tune on the Business Tune Ring Back service. No refunds are payable in respect of the same.

7. Unsubscribe:

You can unsubscribe from the Corporate and SME Ring Back service at any time. Simply dial 811 and follow the prompts or forward such a request to Bluewater Group Limited using any of the channels provided for in below.

8. Termination:

Any Business Tune Ring Back requested will be available indefinitely or as otherwise notified at the time of purchase, unless:

  1. You fall in arrears with payment of the monthly fee; or

  2. You unsubscribe; or If you or the mobile number to which a ring back tune fee is applied is suspended or disconnected

9. Consequences of Termination:

If you unsubscribe from the service, any remaining paid days will be lost. No refund for any unused elements of your ring back tune service will be available.

We reserve the right to change or withdraw the service at any time.

10. Roaming:

Your Business Tune Ring Back will not be heard while you are roaming.

11. Privacy Policy:

Through the short code 22229, we collect and use telephone numbers only for the purpose of this service. Bluewater Group Limited does not share customers’ numbers with ANY THIRD PARTY.

12. Complaints:

Forward any complaints to:

  1. businesstunes@bluewatergroup.co.ke

  2. Short code 22229

  3. Twitter - @BluewaterKE

  4. Facebook – BluewaterKE

    Bluewater Group Limited is the absolute sole owner of rights of all tunes it produces for subscribers for use on the service and the subscriber has no claims on the ownership of content whatsoever. These terms and conditions are in addition to Terms and Conditions applicable to Safaricom Limited subscribers.

 

SAFARICOM DAILY, WEEKLY AND MONTHLY SMS BUNDLES

TERMS AND CONDITIONS FOR SAFARICOM DAILY, WEEKLY AND MONTHLY SMS BUNDLES 

Download PDF Version

The following terms and conditions apply to the Safaricom Daily, Weekly and Monthly SMS Bundles (“the Service”) and by activating this Service you will be deemed to have read, understood and accepted the same:-

1. Eligibility

  1. This Service is open to all Safaricom PrePay and PostPay subscribers except those listed in 1 (b) below;

  2. The Service will not be available to subscribers who are roaming.

2. The Service

(a) The Service provides you with the opportunity to subscribe to any of the following SMS Bundles:

  1. Daily Twenty (20) SMSs for Kshs. 5.00.

  2. Daily Two Hundred (200) SMSs for Kshs. 10.00.

  3. Daily Five Hundred (500) SMSs for Kshs. 20.00

  4.  Weekly Four Hundred (400) SMSs for Kshs. 30.00*

  5. Weekly Seven Hundred (700) SMSs for Kshs. 50.00*

  6. Monthly Fifteen Hundred (1500) SMSs for Kshs. 100.00*

  7. Monthly Three thousand Five Hundred (3500) SMSs for Kshs. 200.00*

(b) *The Weekly and Monthly SMSs Bundles will be valid for use on On-Net (Safaricom to Safaricom) and Off-Net (Safaricom to Airtel or Orange or Equitel) SMSs.*

3. How to Participate 

  1. To opt into the Service, dial *188# from your Safaricom mobile line.

  2.  Upon dialling *188# you will get a menu with the options for either Daily SMS bundle, Weekly SMS bundle or Monthly SMS bundle.

  3.  Upon selection of your preferred (Daily, Weekly or Monthly) SMS Bundle, you will receive a menu for the various available options as appearing in 2 (a).

  4. Once you select your preferred SMS bundle, you will receive the following notification informing you of the successful purchase. “You have successfully purchased xxx SMS at Kshs. Xx.”

  5.  Daily SMS bundles are valid for twenty four (24) hours from the time of purchase; Weekly SMS bundles are valid for seven (7) days from the date of purchase and Monthly SMS bundles are valid for (30) days from the date of purchase.

  6. Unused SMS will lapse and will not be carried over to the following day, week or month.

  7.  You also have an option of purchasing Weekly and Monthly SMS Bundles on behalf of someone else by dialling *188# and following the prompts. You will then receive the following notification informing you of the successful purchase “You have successfully purchased xxx SMS at Kshs. Xx for 07xxxxxxx.”

  8.  Priority of SMS bundle consumption will be Daily SMS bundle followed by Weekly SMS bundle then Monthly SMS bundle.

  9. You can purchase your Weekly and Monthly SMS bundles in the course of the day anytime provided you have money in your account.

  10. You can purchase the weekly or monthly SMS bundle even when you have an active daily subscription service.

  11. You will receive the following SMS notification forty eight (48) hours before your resources informing you of the impending expiry: “Dear Customer, your SMS bundle will expire on DD/MM/YYY. Dial *188# to check SMS bundle balance.”

  12. When your SMS bundle expires you will receive the following message: “Dear Customer, your daily/weekly/monthly SMS bundle has expired. Dial*188# to buy another bundle.” (m) You can check your balance by dialling *188#.

4. How to Subscribe out of the Service

To subscribe out of the Service, dial *188# and follow the prompts.

4. 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 and other Services that you may be using.

  2. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Service at any time. In any of these events, notice will be given via media advertisements (including at Safaricom’s discretion on the Safaricom website www.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 https://www.safaricom.co.ke/

 

THE SAFARICOM VIUSASA PASS

TERMS AND CONDITIONS FOR THE SAFARICOM VIUSASA PASS 

Download PDF Version

The following Terms and Conditions apply to the Safaricom Viusasa Pass and by subscribing to this product, you will be deemed to have read, understood and accepted the same:

1. The Product 

This Product enables Safaricom subscribers to have an opportunity of watching various shows on Viusasa such as Maria, Kumkum Bhagya, News and Ringo, using Safaricom data bundles purchased at an affordable rate (“Viusasa Pass”).

2. Eligibility

The Viusasa Pass is open to all Safaricom subscribers who have mobile data enabled devices.

3. Launch date

The Product will launch at 00:00am on 1st July 2020.

4. How to participate 

  1. Safaricom subscribers with a data enabled device will dial *544*25#.

  2. Select your preferred video data pass.

  3. Confirm purchase of the Viusasa pass and pay through your airtime.

  4. You will receive an SMS awarding you with 100MB mobile data as well as a direct link to watch the selected show on Viusasa, for example: “Congrats! You have received 100MB to watch Maria on Viusasa. The bundle will renew daily for 10bob from dd/mm/yyyy. Click link to enjoy Maria”

  5. You can opt out of the Viusasa pass by using *544*35#.

5. Validity of the Viusasa pass

The Viusasa pass will be valid for twenty-four (24) hours after purchase, after which, any unused resource will expire. It will not be possible to roll over or extend validity of the Viusasa pass.

6. Priority of Usage

The Viusasa pass shall take priority whenever you visit the Viusasa app or webpage. The Viusasa data bundle cannot be used to browse on other sites.

7. Privacy 

We are committed to respecting and protecting the privacy of the information we collect from you in compliance with the applicable laws and obligations on data use and privacy. Our privacy statement, as updated from time to time, explains how we treat your personal data and protect your privacy when you use our Service and can be found here.

 

8. Other terms

  1. The Viusasa pass will only be used to watch content on Viusasa on the Viusasa website: www.viusasa.com.

  2. The Viusasa pass will auto renew daily.

  3. You can check the balance of your YouTube pass by dialing *544*44#.

  4. You will receive a prompt when you reach the 10MB threshold and a notification when the Viusasa Pass is running low at 2 MB.

  5. You cannot share the Viusasa pass or transfer data (sambaza) to a third-party device or subscriber. The Viusasa pass can only be used by the recipient device.

  6. The Viusasa pass cannot be tethered for use on other devices

  7. Safaricom reserves the right to amend or vary these Terms and Conditions or to withdraw this Product at any time.

  8. Any update or amendment to these Terms and Conditions including privacy terms will be available on the Safaricom website - www.safaricom.co.ke and will take effect from the date of notification of the update or amendment.

  9. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom PrePay and PostPay Terms and Conditions, Safaricom PrePay and PostPay Data Bundles Terms and Conditions and other Promotions that you may be using.

  10. These Terms and Conditions are available on www.safaricom.co.ke

 NOTE:  THE VIUSASA PASS IS NOT FOR RE-SALE AND CAN ONLY BE PURCHASED FROM SAFARICOM AS INDICATED IN THE APPLICABLE PUBLISHED TERMS AND CONDITIONS. SAFARICOM SHALL NOT BE RESPONSIBLE IN ANY MANNER WHATSOEVER FOR BUNDLES PURCHASED FROM ANY OTHER SOURCE.

THE SAFARICOM CONTENT PASS

TERMS AND CONDITIONS FOR THE SAFARICOM CONTENT PASS 

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The following Terms and Conditions apply to the Safaricom Content Pass (“the Service”) and by participating in this Service, you will be deemed to have read, understood and accepted the same:

1.The Service 

This Service enables Safaricom subscribers to have an opportunity of enjoying content available on various platforms on the internet with affordable data bundles (“Safaricom Content Pass”).

2.Eligibility

The Service is open to all Safaricom subscribers who have data enabled mobile phones. 

3.Launch of Service

The Service will launch at 00:00am on 1st September 2020.

4.How to participate

  1. Safaricom subscribers with a data enabled device will dial *544*20#.

  2. Select your preferred content pass.

  3. You will receive an SMS awarding you with mobile data as well as a direct link to watch the selected show, for example: “Congrats! You have received XXXMB to watch. The bundle will renew daily for Kshs. xxxx from dd/mm/yyyy. Click link to enjoy.”

  4. You can opt out of the content pass by dialing *544*35#.

5.Safaricom Content Passes

5.1  YouTube

  1. The following Safaricom YouTube Content Passes are available for purchase:

  2.  The YouTube bundles can be purchased by dialling *544# option 6 or dialling *544*20#.

  3. The Kshs. 10 YouTube bundle will auto renew daily at midnight.

  4. The Kshs. 10 YouTube Bundle can also be purchased by dialling the short codes below to access the Patanisho show and the content creators below:

  5. The customer will be automatically billed charged Kshs. 10 daily, after their free days are over.

  6. You will only be allowed the free access once.

  7. The above bundles will give subscribers access to watch specific content such as Patanisho show, Gidi and Njugush as well as any other content on YouTube.

  8.  Safaricom can also offer certain subscribers more free days than highlighted above to access YouTube.

  9. The Service will launch at 00:00am on 6th September 2020

Price

MB

Validity

Auto renew

Kshs. 10/=

80MB

24 Hours

Yes

Kshs. 20/=

200MB

24 Hours

No

Kshs. 50

500MB

24 Hours

No

 

 

Bundle

Short Code

Free Days

Validity

Patanisho

*544*30#

2 days 

24 Hours

Sema na Gidi

*544*31#

1 day

24 Hours

Njugush

*544*33#

1 day

24 Hours

 

5.2  Angaza Gospel Music

  1. content pass gives Safaricom subscribers access to listen to music on the Angaza platform.

  2. You will access the pass by dialling *544# or *544*20# and selecting “Angaza Gospel Music”.

  3. The following Angaza content passes are available for purchase;

  4. The daily content passes will auto renew daily at midnight for Kshs. 10.

  5.  The content passes can be purchased by Airtime or M-PESA.

  6. A message confirming successful purchase will be sent to you, including a link to the Angaza content. For example, “You have successfully subscribed to Daily 50MB that will auto renew daily at midnight. To unsubscribe dial *544#. Click http://bit.ly/36wLiHZ to watch to your Favourite Gospel songs.”

  7.  When you click on the link, you will be redirected to the Angaza web page to begin enjoying the Angaza content.

  8.  The Angaza content pass shall take priority whenever you access Angaza content (both on the app and on the browsers).

  9. The Angaza content pass will be used to access Angaza content through the Angaza App and the Angaza webpage.

  10.  You can set certain songs on the App as your Skiza or My Skiza tune.

  11.  The Service will launch at 00:00am on 8th September 2020

 

Duration

Price

MB

Validity

Daily

Kshs. 10/=

50MB

24 Hours

Weekly

Kshs. 50/=

300MB

7 days

Monthly

Kshs. 200/=

1.5GB

30 days

 

5.3 ViuSasa

  1. This content pass enables Safaricom subscribers to have an opportunity of watching “Maria” and other various shows on Viusasa such as Maria, Kumkum Bhagya, News and Ringo, using Safaricom data bundles purchased at an affordable rate (“Viusasa Pass”).

  2. Safaricom subscribers with a data enabled device will dial *544*25# or *544*20#.

  3. Select their preferred Viusasa pass.

  4. Confirm purchase of the Viusasa pass and pay through your airtime.

  5. You will receive an SMS awarding you with 100MB mobile data as well as a direct link to watch the selected show on Viusasa, for example: “Congrats! You have received 100MB to watch Maria on Viusasa. The bundle will renew daily for 10bob from dd/mm/yyyy. Click link to enjoy Maria”

  6. The Viusasa pass shall take priority whenever you visit the Viusasa app or webpage. The Viusasa data bundle cannot be used to browse on other sites.

  7. The Service will launch at 00:00am on 1st September 2020

 6. Validity of the awarded Safaricom Content Pass

The content bundles will expire at the specified validity period and will not roll over. 

7.Priority of Usage

The Safaricom Content Pass shall take priority whenever you access content on any platform (both on the app and on the browsers).

8.Other Terms

  1. The Safaricom Content Pass will be used to access content through Apps and any webpage of the particular content.

  2. You can opt out of the Safaricom Content Pass by dialing *544*35#.

  3. The balance of your content pass is available on *544#.

  4. You will receive a prompt when you reach the 10MB and 2MB threshold. Should you opt not to renew your subscription but continue to access any content, you will be charged at the normal data rates which is currently Kshs. 4.30/= per MB.

  5. You cannot share the content pass or transfer (data sambaza) to a third-party device or subscriber. The bundle can only be used by the recipient device.

  6. The content pass cannot be tethered for use on other devices.

9. Privacy

  1. Definition “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 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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

10. Amendment of these Terms

  1. Safaricom reserves the right to amend or vary these Terms and Conditions or to withdraw this Service at any time. In any of these events, notice will be given via media advertisements and will be effective immediately or as at the date referred to in such notifications.

  2. Any update or amendment to these Terms and Conditions including privacy terms will be available on the Safaricom website - www.safaricom.co.ke and will take effect from the date of notification of the update or amendment.

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

NOTE:  THE SAFARICOM CONTENT PASS IS NOT FOR RE-SALE AND CAN ONLY BE PURCHASED FROM SAFARICOM AS INDICATED IN THE APPLICABLE PUBLISHED TERMS AND CONDITIONS. SAFARICOM SHALL NOT BE RESPONSIBLE IN ANY MANNER WHATSOEVER FOR DATA BUNDLES PURCHASED FROM ANY OTHER SOURCE.

UNLOCK YOUR FREE DATA PROMOTION

TERMS AND CONDITIONS FOR THE SAFARICOM UNLOCK YOUR FREE DATA PROMOTION

Download PDF Version

The following terms and conditions apply to the Safaricom Unlock Your Free Data Promotion (“the Promotion”) and by participating in the Promotion you will be deemed to have read, understood and accepted the same: -

1.Eligibility

The Promotion is open to all Safaricom subscribers.

2.The Campaign

  1. This Promotion enables Safaricom subscribers to have a free opportunity of tasting the internet from their data enabled phones.

  2. The Promotion aims at encouraging internet and non-internet users to access the internet from their mobile phones by initially giving them a free data bundle of 500MB upon achievement of specific daily data bundle target as per clause 3.

3. Target Bands

Data ARPU Bands (KES)

Target Amount (KES)

1- 2.5

10

2.5 - 5

25

5 - 10

35

10 - 15

40

15 -25

55

25 - 35

70

35 - 40

85

40 - 45

95

45 - 60

115

60 - 70

140

70 - 80

145

80 - 90

170

90 - 100

210

100-200

295

>200

500

 4. Promotion Period

The Promotion will run for ninety (90) days from midnight on 19th August 2020 to 11:59 pm to 16th November 2020 (“Promotion Period”).

5. How to Participate in the Campaign

  1. The eligible subscribers will be identified by Safaricom from the Network.

  2.  You will be assigned a daily data bundle target and upon achievement / purchase of the target, you will receive an SMS awarding you free 500MB.

  3. You may also receive the free 500MB if you purchase a data bundle higher than the target allocated. (d) You will be prompted to select your mode of payment: either though airtime or M-PESA.

  4.  Safaricom will send you an SMS confirming successful purchase of the data bundle of your choice, for example: “Congratulations! You have received your FREE 500MB data bundle Expiry date dd/mm/yyyy 00:00am, to check balance dial *544#.”

6. Validity of the free 500MB data bundle

The free 500MB data bundle is valid until midnight. Any unused data bundle will expire and will no longer be available to browse.

7. Privacy

  1. Definition: “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. Minor:When registering a minor as a Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

 8.Other Terms

  1. The free 500MB cannot be transferred (sambaza) to a third-party device.

  2. The free 500MB does not rollover to the following day.

  3. The free 500MB is only awarded once a day.

  4. All other applicable rates for use of the Safaricom services remain unchanged.

  5. The Promotion will not be available in conjunction with other Campaigns and rewards.

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

  7. These terms and conditions are supplemental and subject to the standard terms and conditions for the use of the Safaricom PrePay and PostPay services according to the terms of usage of the Safaricom Prepay & PostPay Data Bundles (www.safaricom.co.ke). 

 

 

SAFARICOM TUNUKIWA ADDITIONAL 30-DAY DATA OFFER

TERMS AND CONDITIONS FOR THE SAFARICOM TUNUKIWA ADDITIONAL 30-DAY DATA OFFER

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The following Terms and Conditions apply to the Safaricom Tunukiwa Additional 30-Day Data Offer (“the Offer”) and by purchasing the offer you will be deemed to have read, understood and accepted the same:

1. The Offer

Safaricom Subscribers will be presented with an option to buy a 30-day Tunukiwa data bundle. Each customer will be presented with one option based on their usage profiles.

2. Eligibility

The Promotion is open to all Safaricom PrePay and PostPay Customers.

3. Offer Start Date

This is a permanent offer which will commence at 0000 hrs. on 25th January 2018.

4. How to Participate

  1. Eligible subscribers will be identified and contacted by Safaricom via SMS when the offers are launched on the Tunukiwa Menu.

  2. Eligible subscribers will purchase the 30-day data bundle by dialling *444# from their Safaricom line.

  3. Eligible subscribers can purchase the resources as many times as possible every day depending on their preferences.

5. Promotion Rules

  1. The validity of the resources will be 30 days after purchase.

  2. The amount deducted from the purchase of this offer will not be considered in the aggregation of usage for the achievement of Stori Ibambe targets.

  3. The 30-day data bundle can be used to extend any other pre-existing Tunukiwa data bundle that has a validity longer than 24 hours.

  4. The 30-day data bundle validity can be extended by purchasing another bundle

6. Privacy

  1. Definitions

    “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. Other Terms

  1. All other applicable rates for use of other Safaricom services remain unchanged.

  2. Safaricom reserves the right to amend or vary these Terms and Conditions including the privacy terms. or to withdraw the Promotion at any time. In any of these events, notice will be given via media advertisements (including at Safaricom’s discretion, on the Safaricom website www.safaricom.co.ke ) and will be effective immediately or as at the date referred in such notifications. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update.

  3. These terms and conditions are supplemental to and subject to the published Safaricom PrePay and Post Pay Terms and Conditions including the provisions on Privacy and Terms and Conditions of use for any other Safaricom service that you may be using, are available on www.safaricom.co.ke

THE BLAZE POWER BUNDLE PRODUCT

 TERMS AND CONDITIONS FOR THE BLAZE POWER BUNDLE PRODUCT

Download PDF Version

The following terms and conditions apply to the Blaze Power Bundle (the “Product”) and by subscribing to this Product you will be deemed to have read, understood and accepted the same:-

1. The Product

This Product gives Blaze subscribers the ability to browse for one hour at an affordable cost.

2. Eligibility

This Product is open to all Blaze subscribers and who have successfully registered on the BLAZE Platform.

3. Launch of Product

The Product will launch at 0000 hrs on 14th September 2018 (“Product Date”).

4. How to access the Blaze Social and Power Bundles 

  1. Dial *555# from your Safaricom Mobile or through the Blaze App.

  2. Select “Power Hour”. 

5.Price and Validity of Bundles

Features of the Blaze Power Bundle

Blaze Power Hour Bundle

  Cost

Validity 

250MB Bundle for any one hour apart from 7pm to 10pm

Kshs. 19

1 hour

  1.  The data bundles will only be valid to use within one (1) hour after which any unused resources will be deleted.

  2. You can use your Blaze Power Hour bundle to access all internet sites.

  3. You cannot have multiple subscriptions on any of the Power Bundle.

  4. If your power bundle is depleted before an hour is up, you can purchase another power bundle to use.

  5. Power bundle resources will be NOT rolled over by any bundle.

  6. The Power bundle will NOT be automatically auto-renewed.

  7. You can subscribe for a power bundle simultaneously with your normal daily, weekly or monthly Blaze bundle.

6. Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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. Other terms  

  1. An SMS notification will be sent to you when you have 2MB of data remaining to inform you that your Power Bundle is about to deplete.

  2. An SMS notification will be sent once the Power bundle depletes and when the 1 hour validity period expires. 3 C1 - Public

  3. Once you exhaust your data bundle you will be unable to continue browsing until you purchase another data bundle of your choice by dialling *555# to purchase the data bundle.

  4. The BLAZE Power Bundle will not be available in conjunction with other promotions and rewards.

  5. The BLAZE Power Bundle will not be available to roaming subscribers. Charges applicable for Roaming are available on www.safaricom.co.ke. Roaming means the use of telecommunication services while you are in other countries but using a Safaricom SIM Card.

  6. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Promotion at any time. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update.

  7.  Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom PrePay and PostPay Service Terms and Conditions, Safaricom PrePay and PostPay Data Bundles including the provisions on Privacy and terms of use for any other Safaricom Services that you may be enjoying available on www.safaricom.co.ke.

  8. We will send to you periodic notification informing you of the balance on your bundle so that you can prepare to purchase another bundle should you still require resources.

  9. You can check your Blaze Power Bundle balance via USSD by dialing *555#.

  10. The Blaze Power Bundles Bundle resources will have priority over any other resources if you have subscribed to previous Products and/or services.

8. General Terms of usage

  1. You cannot transfer (Sambaza) Blaze Power Bundle to other subscribers. You can transfer (Sambaza) up to 20 MB per day at 10Mb per transaction.

  2. Upon purchase and use of the bundles, you will accumulate Bonga Points as per the published terms and conditions of the Safaricom Loyalty Programme.

  3. Blaze Power Bundle is not for re-sale. You therefore will not resell the Bundles purchased from Safaricom without its consent. Safaricom reserves the right to withdraw this Product from you if you breach these terms.

  4. These Terms and Conditions are available on www.safaricom.co.ke

 

NOTE: BLAZE POWER BUNDLE ARE NOT FOR RE-SALE AND CAN ONLY BE PURCHASED FROM SAFARICOM AS INDICATED IN THE APPLICABLE PUBLISHED TERMS AND CONDITIONS. SAFARICOM SHALL NOT BE RESPONSIBLE IN ANY MANNER WHATSOEVER FOR BUNDLES PURCHASED FROM ANY OTHER SOURCE.

THE BLAZE BUNDLES SERVICE

TERMS AND CONDITIONS FOR THE BLAZE BUNDLES SERVICE

Download PDF Version

The following terms and conditions apply to the BLAZE BUNDLES SERVICE (“the Service”) and by using the Service you will be deemed to have read, understood and accepted the same:-

1. The Service

This Service gives eligible subscribers access to data bundles that create more value at a more affordable cost, based on each subscriber’s data usage needs.

2. Eligibility

The Service is open to all Safaricom PrePay subscribers aged between 10 and 26 years and who have successfully registered on the BLAZE Platform.

3. Service Launch Date

The Service will start on 14th September 2018.

4.How to use the Service:

  1. To subscribe:

    1. Dial *555# from your Safaricom Mobile or Data line or through the Blaze App

    2. Select your preferred bundle option; (c) Follow the prompt.

  2. For bundle renewal:

    1. Your Blaze Bundle will not be automatically renewed unless you select the ‘autorenew’ option at the point of subscription.

    2. To opt out of the auto-renewal option, dial *555# and select ‘Stop Auto-Renew’

  3. To unsubscribe:

    1. Dial *555#

    2. Select the ‘Unsubscribe from Blaze’ option

5. Price and Validity of Bundles

The following plans are available under the Service, with validity periods as indicated below:

  1. Daily Data Bundles

    Daily Data

    Bundles

    Data

    (MBs)

    SMS

    Free WhatsApp

    Price

    (Kshs)

    Validity

    Period

    Daily 25MB

    25MB

    25

    N/A

    10/=

    24 Hours

    Daily 70MB

    70MB

    70

    Free WhatsApp

    20/=

    24 Hours

    Daily 200MB

    200MB

    200

    Free WhatsApp

    50/=

    24 Hours

    Daily 1GB

    1GB

    200

    Free WhatsApp

    100/=

    24 Hours

  2. Weekly data bundles

    Weekly Data

    Bundles

    Data

    (MBs)

    Free WhatsApp

    Price

    (Kshs)

    Validity

    Period

    Weekly

    350MBs

    350MBs

    Free WhatsApp

    99/=

    7 days

    Weekly 1GB

    1GB

    Free WhatsApp

    250/=

    7 days

    Weekly 4GB

    4GB

    Free WhatsApp

    500/=

    7 days

  3. Monthly data bundles

    Monthly Data

    Bundles

    Data

    (MBs)

    Free

    WhatsApp

    Price

    (Kshs)

    Validity

    Period

    Monthly 3GBs

    3GB

    Free

    WhatsApp

    500/=

    30 days

    Monthly 7.5GBs

    7.5GB

    s

    Free

    WhatsApp

    1,000/=

    30 days

    Monthly 20GBs

    20GBs

    Free

    WhatsApp

    2,000/=

    30 days

6. Privacy

  1.  Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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. Other terms

  1. All bundles with FREE WhatsApp will browse WhatsApp at normal speeds but once the bundle is depleted, WhatsApp speed will be throttled for the validity of the bundle purchased. The FREE WhatsApp bundle shall be capped at 50MB per day for the validity period of the bundle and will not support voice calls and video call. The FREE WhatsApp bundle shall not support tethering.

  2. You may have more than one bundle running at the same time.

  3. Once you exhaust your data bundle you will not be able to continue browsing until you purchase another data bundle by accessing the USSD or through the MySafaricomApp.

  4. This Service will not be available to roaming subscribers. Charges applicable for Roaming are available on safaricom.co.ke. Roaming means the use of telecommunication services while you are in other countries but using a Safaricom SIM Card.

  5. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Service at any time. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update.

  6. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom PrePay and PostPay Service Terms and Conditions, Safaricom PrePay and PostPay Data Bundles including the provisions on Privacy and terms of use for any other Safaricom Services that you may be enjoying available on safaricom.co.ke.

  7. We will send you periodic notification informing you of the balance on your bundle so that you can prepare to purchase another bundle should you still require resources.

  8. You can check your Blaze bundle balance via USSD by dialing *555# or from the MySafaricomApp, open the App, Select Blaze bundles and select Balance. The balance with expiry date will be displayed.

8. General Terms of usage

  1. You are allowed to transfer (Sambaza) your Blaze Bundles to other eligible subscribers, subject to the Sambaza rules currently in effect.

  2. Upon purchase and use of the bundles, you will continue to accumulate Bonga Points as per the published terms and conditions of the Safaricom Loyalty Programme.

  3. Blaze Bundles are not for re-sale. You therefore will not resell the Bundles purchased from Safaricom without its consent. Safaricom reserves the right to withdraw this Service from you if you breach these terms.

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

NOTE: BLAZE BUNDLES ARE NOT FOR RE-SALE AND CAN ONLY BE PURCHASED FROM SAFARICOM AS INDICATED IN THE APPLICABLE PUBLISHED TERMS AND CONDITIONS. SAFARICOM SHALL NOT BE RESPONSIBLE IN ANY MANNER WHATSOEVER FOR BUNDLES PURCHASED FROM ANY OTHER SOURCE.

THE FLEX MONTHLY BUNDLES SERVICE

TERMS AND CONDITIONS FOR THE FLEX MONTHLY BUNDLES SERVICE

Download PDF Version

The following Terms and Conditions apply to the Flex Monthly Bundles Service (the “Service”) and by and by activating this Service you will be deemed to have read, understood and accepted the same: -

1. The Service

This Service allows you to purchase Flex Monthly Bundles and receive Flex units to use on voice minutes, data bundles and SMS on a monthly plan.

2. Eligibility

This Service is open to all individual Safaricom PrePay, PostPay and Hybrid subscribers who have subscribed to the Flex product.

3.Service Period

The Service will run from 0000 hrs. 15th March 2018 (“Service Launch Date”).

4.How to access and use the Service

  1. Dial *100# from your Safaricom PrePay Mobile line or *200# from Safaricom PostPay Mobile line and select “Flex”.

  2. Follow the prompts on Monthly Flex to access and opt into the Service.

5. Price and Validity of Flex

  1. Flex provides you with the options indicated below:

  2.  You have the freedom to use your Flex units indiscriminately on voice, data or SMS as there is no pre-set allocation.

  3. The larger the pack, the more the Flex units you will receive.

Note:

  1. 1 Flex=3MB or 3 SMS

  2. 3 Flex=1 minute of voice call

 

Flex Packs

Price

No. of Flex Units

Validity

Monthly 1,499

1,499/=

1,700

30 days

Monthly 4,999

4,999/=

7,500

30 days

 

6. Other terms

  1. You can purchase a Flex pack for another number by dialling *100# or *200# and following the prompts.

  2. The Flex Units are for use both on-net and off-net.

  3. Rollover will apply for all Flex packs. Balance of unused Flex units will be rolled over if the customer purchases another Flex pack before expiry of their existing pack during the Service period.

  4. Prepay subscribers have an option to purchase Flex packs using airtime, M-PESA or Bonga.

  5. PostPay subscribers will purchase Flex packs using airtime.

  6. You have the option to “buy once” or “auto-renew” any of the packs purchased meaning:

  7. Buy once - upon expiry of thirty (30) days, the resources will lapse and will no longer be available for use; or

  8. Auto-renew - meaning that upon expiry of thirty (30) days, the resources will be automatically renewed subject always to the availability of airtime on your mobile phone.

  9. The Flex Units will not be available to roaming subscribers. Charges applicable for Roaming are available on safaricom.co.ke. Roaming means the use of telecommunication services while you are in other countries but using a Safaricom SIM Card.

  10. Voice and SMS resources can be used to communicate with a subscriber on any other local network.

  11. We will send to you periodic notification informing you of the balance on your pack so that you can prepare to purchase another pack should you still require resources.

  12. You can check your Flex Units balance via USSD by dialling either *100# or *200#.

  13. Safaricom reserves the right to amend or vary these Terms and Conditions or to withdraw this Service at any time. In any of these events, notice will be given via media advertisements and will be effective immediately or as at the date referred in such notifications. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update.

  14. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom PrePay and PostPay Terms and Conditions, Safaricom PrePay and PostPay Data Bundles and other including the provisions on Privacy and terms of use for any other Safaricom Services that you may be enjoying available on www.safaricom.co.ke.

7. Priority of Usage

Priority of consumption will be as follows:

  1. Free Resources (Stori Ibambe bonus, free minutes, free data)

  2.  Bonga redemption for SMS, data, minutes and airtime.

  3. Data bundles, SMS bundles, Advantage Plus bundles and Karibu Bundles)

  4.  Flex

8. Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

9. General Terms of usage

  1. You cannot transfer (Sambaza) Flex Units to other subscribers.

  2. You will accumulate Bonga Points upon purchase of the Flex packs as per the published terms and conditions of the Safaricom Loyalty Programme.

  3. Flex Units are not for re-sale. You therefore will not resell the Flex Packs purchased from Safaricom without its consent. Safaricom reserves the right to withdraw this Service from you if you breach these terms.

  4. These Terms and Conditions available on safaricom.co.ke

NOTE: FLEX UNITS ARE NOT FOR RE-SALE AND CAN ONLY BE PURCHASED FROM SAFARICOM AS INDICATED IN THE APPLICABLE PUBLISHED TERMS AND CONDITIONS. SAFARICOM SHALL NOT BE RESPONSIBLE IN ANY MANNER WHATSOEVER FOR BUNDLES PURCHASED FROM ANY OTHER SOURCE

SAFARICOM PREPAY AND POSTPAY DATA BUNDLES

TERMS AND CONDITIONS FOR SAFARICOM PREPAY AND POSTPAY DATA BUNDLES

 The following terms and conditions apply to the Safaricom PrePay and PostPay Data Bundles (“the Service”) and by activating this Service you will be deemed to have read, understood and accepted the same: -

1. The Service

This Service enables Safaricom PrePay and PostPay subscribers to access mobile internet services by purchasing data bundles. 

2.Eligibility

The Service is open to all Safaricom PrePay and PostPay subscribers.

3. The Data Choices Available

You can browse using any of the following affordable options:

      1. Data Bundles

      2. Time-Based Tariff

      3. Out of Bundle Tariff (Pay As You Go)

Data Bundles

The Data Bundles listed below are available for you to choose from

Daily Data Bundles:

Daily Data Bundles

Data (MBs)

SMS

Price (Kshs)

Validity Period

Daily 7MB

7MB

7

5

24 Hours

Daily 15MB

15MB

15

10

24 Hours

Daily 50MB

50MB

50+ WhatsApp

20

24 Hours

Daily 150MB

150MB

150+ WhatsApp

50

24 Hours

Daily 500MB

500MB

500+ WhatsApp

99

24 Hours

    1. To activate the Daily Data bundle dial *544# from your mobile number.

    2. Your bundle will be valid for 24 hours. You will have 24 hrs to use your bundle both on first activation, on renewal and always during the period you remain subscribed onto the bundle.

    3. Billing will be carried out daily at midnight (0000hrs).

    4. The bundle purchased will automatically be renewed at midnight each day for as long as you have sufficient air time.

    5. Once the bundle expires at the end of 24 hours, it cannot be reactivated. However, you can roll over the unused portion of the Data Bundle if you have adequate airtime for automatic renewal at midnight. Note that a Daily Data Bundle can only be rolled over by purchase of another Daily Data Bundle. Further, the Daily Data Bundle cannot rollover another Data Bundle.

    6. If you exhaust your bundle within 24 hours, you will be charged the published out of bundle rate.

    7. You can subscribe into a particular Daily Bundle only once per day.

    8. To subscribe out of the Daily Bundles dial *544# and choose the “unsubscribe”.

  • Weekly Data Bundles

    Weekly Bundles

    Data (MBs)

    Price (Kshs)

    Validity Period

    100MB

    100MB

    50

    7 Days

    350MB

    350MB+ WhatsApp

    99

    7 Days

    1GB

    1GB+ WhatsApp

    250

    7 Days

    3GB

    3GB+ WhatsApp

    500

    7 Days

    1. To purchase the 7-day bundle, dial *544# and choose “7 Day Bundle”.

    2. Choose the Bundle you prefer and pay through M-PESA or Airtime.

    3. The Weekly Bundles are valid for seven (7) days from the time of purchase.

    4. At the expiry of 7 days, any unused bundles will expire and will be permanently unavailable to you. However, if you buy another bundle before the lapse of the 7 days, your unused bundle will be rolled over and be available to you for the validity period of the new bundle you have purchased. Note that the new bundle purchased should have a longer validity period compared to the balance period of your current bundle.

  • Monthly Data Bundles

    Monthly Bundles

    Data (MBs)

    Price (Kshs)

    Validity Period

    350MB

    350MB

    250

    30 Days

    2GB

    2GB+ WhatsApp

    500

    30 Days

    5GB

    5GB+ WhatsApp

    1000

    30 Days

    15GB

    15GB+ WhatsApp

    2000

    30 Days

    25GB

    25GB+ WhatsApp

    3000

    30 Days

      1. To purchase the Monthly Bundle, dial *544# and choose “30 Day Bundles”.

      2. Choose the Bundle you prefer and pay by M-PESA or airtime.

      3. The Monthly Bundles are valid for thirty (30) days from the time of purchase.

      4. At the expiry of 30 days, any unused data will expire and will permanently be unavailable to you. However, if you buy another bundle before the lapse of 30 days, your unused bundle will be rolled over and be available to you for the validity period of the new bundle you have purchased. Note that the new bundle purchased should have a longer validity period compared to the balance period of your current bundle.

  • Time Based Tariff

    1. Safaricom Prepay subscribers can activate a time-based Tariff which will enable them to access the internet at Kshs. 2/- per minute billed per second regardless of the volume of data downloaded. The subscriber will be billed per second for as long as the mobile phone or modem remains connected to the internet.
    2. How to activate the Tariff:
      1. From your Prepay mobile phone, dial *142#. You will receive an SMS confirmation message upon successful activation; or
      2. For Modems, from your Prepay modem line, send an SMS with the word ON to 142. You will receive an SMS confirmation message upon successful activation;
    3. If you have an existing Data Bundle, the Bundle must first be used until it is exhausted or expired. It is only then that you can enjoy the per minute data tariff. Activating the Tariff is however possible when you have an active/existing Data Bundle. You will only be able to use the activated Tariff once you exhaust your Data Bundle
    4. If you have an active Data Bundle together with Time Based Tariff at the same time, you will first have to use and exhaust the Data Bundle. Once the Bundle is exhausted, you must re-start your browsing session so that you enjoy the Time Based Tariff that you have already activated. If you do not re-start your browsing session or you do not buy another Data Bundle, you will automatically be charged an out of bundle rate at the prevailing rate (currently Kshs. 4/- per MB).
    5. To deactivate the Time-Based Tariff, send an SMS with the word ‘OFF’ to 142 from the Prepay mobile phone or modem. You will receive an SMS confirmation message upon successful deactivation.
    6. Time Based Tariff shall not apply to roaming subscribers. Roaming subscribers will be charged applicable tariffs based on the roaming network.
  • Out of Bundle Tariff

    1. The Out of Bundle Tariff is Kshs. 4 per MB. PrePay and PostPay Data Bundles Amended June 2020
    2. The Out of Bundle Tariff is a Pay as You Go Tariff enabling subscribers to use Safaricom data on the go without subscribing to any of the above plans and bundles.
    3. All you need to do is purchase Safaricom airtime and start browsing. You will also enjoy the Out of Bundle rate when you continue browsing after the expiry of or depletion of your bundle.
    4. You can now manage your Out of Bundle browsing by activating your Data Manager as follows:
      1. dialing *544#;
      2. select “My Data Manager”:
      3. select “1- Activate”. You will receive a notification informing you of successful activation and you will be unable to browse out of bundle.
      4. If your Data Manager has been activated and you were browsing and you do not have a data bundle or your data bundle is about to expire you will receive a pop up message with the option to buy a data bundle, Okoa a data bundle or redeem Bonga points for data bundles.
    5. If you wish to reselect out of bundle browsing dial *544#, select My Data Manager and select “2- Deactivate” to deactivate My Data Manager.

4.Priority of Consumption

  1. If you purchase more than one of the data plans offered by Safaricom, the following is the priority of use:

  2. Data Bundles starting with the Daily Data Bundle;

  3. Okoa Internet

  4. Bonga Data

  5. Free Resources (Data)

  6. Out of Bundle or Time-based Tariff

5.Data Sambaza (Transfer)

This data product enables Safaricom subscribers to transfer (sambaza) data bundles from one Safaricom line to another. For more details, see our terms and conditions for Data Sambaza on our website. 

6.Transition from Previous Bundles

  1. If you have an existing weekly, monthly or 90-day Night Bundle, you will have 180 days to use it after which it will expire and be unavailable.

  2. The Daily 120MB Data Bundle will no longer be available for new subscription. If you have this bundle, it will continue renew daily for as long as you have sufficient air time. Once you subscribe out of it the Bundle it will not be available for re-subscription.

  3. The night Daily Bundle will expire at the end of 24 hours and will not be extended.

  4. The Off-Peak Data Bundle (Night 1 GB Data Bundle) will no longer be available for new subscriptions. If you have an existing Off-Peak Data Bundle, you will use it for the validity period of 3 days after which the bundle will not be available for re-subscription.

7. How to Access the Service

  1. PrePay subscribers can activate a data bundle in the following ways:

    1. Safaricom Airtime Card:
      1. Purchase a Safaricom Airtime Card of the desired denomination;
      2. From your mobile phone dial *544*voucher PIN number# OR

      3. From your mobile phone or modem send an SMS with the voucher PIN number to 544;

      4. You will receive a message confirming the status of your data bundle purchase; (v) Upon successful purchase of a data bundle, you will receive a message confirming the bundle purchased and the validity period.

    2. From Safaricom Airtime loaded for voice:

      Buy your bundle from *544# or www.safaricom.com/bundles

    3. Purchase of data bundle for another Safaricom mobile number

      1. Purchase a Safaricom Airtime Card of the desired denomination;

      2. From your mobile phone dial *544*<voucher PIN number>*<MSISDN of
        recharged subscriber

      3. From your mobile phone or modem send an SMS in the following format to 544:<Voucher PIN number>*<MSISDN of recharged subscriber>

      4. You will receive a message confirming the status of the data bundle purchase;

      5. Upon successful purchase of a data bundle, the third party and yourself will receive a message confirming the bundle purchased and the validity period.

    4. Purchase of Data Bundle through M-PESA for your Safaricom mobile number.

      Purchase of Data Bundles through M-PESA is available only to Safaricom subscribers registered on the M-PESA service and purchase can only be done for a PrePay recipient. Both PrePay and PostPay customers have an option to change PIN by dialing *126# but only PrePay subscribers will be able to reset PIN for themselves. Postpay subscribers should contact Safaricom customer care for reset of PIN. To purchase data bundles using M-PESA, follow the steps below:

      1. From your mobile phone dial *544#

      2. Select the bundle of your choice from the menu

      3. Select M-PESA

      4. Enter PIN (USSD / NETWORK PIN). If you have no PIN set, you will be prompted to set up one.

      5. You will receive a notification that your request has been received and is being processed

      6. You will then receive a message from M-PESA (for example “C085FLO11 Confirmed. 250Ksh sent to 958300 – Safaricom Data Bundles for account on 27/3/15 at 2:56PM New M-PESA balance is 984Ksh.”)

      7. You will also receive a message confirming the details of the bundle that you have purchased (for example “You have successfully purchased 300MB Data Bundle, Expiry date:26-03- 2015.”)

  2. PostPay Subscribers

    1. PostPay subscribers can access the Data Bundles through their Selfcare Menu.

    2. Dial *200# from your PostPay mobile line, select “Internet & Bundles Subscriptions” and follow the prompts.

    3. You can also buy a data bundle for another Safaricom mobile number through the methods in 7.1 (c) and (e) above.

  3. On line Purchase

    Both Prepay and PostPay subscribers can also purchase Safaricom data online using their computers, tablets, or mobile phone by via www.safaricom.com/bundles.

8. Privacy

  1. Definition “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

    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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

9. General Terms

  1. This service is a shared resource therefore the speed maybe affected by the number of users at any given time.

  2. Airtime topped up as a data bundle cannot be reversed.

  3. It will not be possible to reverse purchases made through M-PESA. PrePay and PostPay Data Bundles Amended June 2020 Page 10 C1 - Public

  4. Okoa Jahazi credit will be deducted first on top up and if the balance is not sufficient to buy the desired bundle, the balance will be topped up on your line as airtime.

  5. You will not be able to purchase a data bundle directly from Safaricom airtime card for use on Partner Networks. You will continue to enjoy the same service on voice.

  6. Safaricom data bundles are not for re-sale. You therefore will not resell data bundles purchased under these terms and conditions. Safaricom takes no liability for such resell or purchase through resell and further reserves the right to withdraw this service from you if you breach these terms.

10. 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 and any other published terms and conditions including the provisions on Privacy and terms of use for any other Safaricom product/service that you are enjoying available on www.safaricom.co.ke.

  2. Safaricom reserves the right to modify, vary, amend or withdraw this service and Terms and Conditions including the privacy terms. Such changes will be communicated through the media, Safaricom website or any other appropriate avenue as Safaricom may determine. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update. 

(c) Terms and Conditions available on www.safaricom.co.ke

NOTE: SAFARICOM DATA BUNDLES ARE NOT FOR RE-SALE AND CAN ONLY BE PURCHASED FROM SAFARICOM AS INDICATED IN THESE TERMS AND CONDITIONS. SAFARICOM SHALL NOT BE RESPONSIBLE IN ANY MANNER WHATSOEVER FOR DATA BUNDLES PURCHASED FROM ANY OTHER SOURCE.

SAFARICOM DATA SAMBAZA

TERMS AND CONDITIONS FOR SAFARICOM DATA SAMBAZA

Download PDF Version

The following terms and conditions apply to the Safaricom Data Sambaza (”the Service”) and by activating this service you will be deemed to have read, understood and accepted the same:-

1. Service

This service enables Safaricom subscribers to transfer (sambaza) data bundles from one Safaricom line to another.

2. Eligibility

  1. This Service is open to all Safaricom PrePay and PostPay subscribers apart from those listed in paragraph 2(b) below;

  2.  The Service will not be available to the following subscribers: (i) Subscribers who are roaming; (ii) Subscribers whose lines are inactive which includes expired, suspended or deleted lines;

  3. Subscribers operating or holding Corporate lines will only be able to receive data bundles but will not be able to sambaza to other lines. 

3. How to Use the Service

You can start using the Service in the following ways:

  1. USSD:

    1. Dial *544# from your Safaricom mobile or data line;

    2. Select “data sambaza”;

    3. Enter amount of bundles to sambaza in MBs e.g 10 MBs

    4. Enter the Safaricom number to sambaza to (“the recipient”).

    5. The following messages will be received upon successful request: Sender will receive the following notification “You have transferred *** MB from your account to 722000000. New Balance: ****MB, expiry date is 16-04-2013.” Recipient will receive the following notification “you have received *** MB from 0720000000. Your account balance is ****, expiry date is 18-03-2013”

  2. SMS:
    1. Send an SMS with the amount of bundles in MBs *Mobile number to 450;

    2. Example of an SMS message 10*0722000000 send this to 450;

    3. Example of 10MB data bundle sambaza is: SMS 10*0722000000 send this to 450

    4. The following messages will received upon successful request: Sender will receive the following notification “You have transferred *** MB from your account to 722000000. New Balance: ****MB, expiry date is 16-04-2013.” Recipient will receive the following notification “you have received *** MB from 0720000000. Your account balance is ****, expiry date is 18-03-2013

  3. Internet:
    1. Log onto safaricom.com/bundles;

    2. Click on data sambaza, button;

    3. Enter amount of bundles to sambaza in MBs e.g 10 MBs

    4. Enter the Safaricom number to sambaza to (“the recipient”).

    5. The following messages will be received upon successful request: Sender will receive the following notification “You have transferred *** MB from your account to 722000000. New Balance: ****MB, expiry date is 16-04-2013.” Recipient will receive the following notification “you have received *** MB from 0720000000. Your account balance is ****, expiry date is 18-03-2013”

 

4. General Terms of Usage

  1. You must have a minimum MB balance of 5MB on your donor line to carry out sambaza.

  2. You can only sambaza a minimum of 5 MB per session; you cannot sambaza less than 5 MB per session.

  3.  You are allowed to sambaza a maximum of 10 MB in one session.

  4.  You can sambaza a maximum of 20 MB in a day (24 hours).

  5. You can make a maximum of two (2) sambaza requests in a day for as long as you do not exceed the daily maximum limit of 20MB.

  6.  Transferred data will carry the validity of the donor and will therefore adjust the recipient’s validity accordingly. If the recipient already has a data bundle with a higher validity, the validity date of the recipient will be maintained. If the recipient has no running data bundle or has data bundles with a lower validity date, then the recipient will enjoy the higher validity date of the donor.

  7.  You cannot sambaza/transfer bonus (free) or promotional data bundles.

  8.  Only Volume Data Bundles are eligible for Data Sambaza (all other data bundles including the Daily Data Bundles will not be transferred).

  9.  Data sambaza cannot be reversed. You must confirm the recipient number before completing the sambaza request. We will not be liable for transfers made to wrong numbers and we will not be in a position to reverse the transfer.

  10.  You can only transfer (sambaza) up to a maximum of twenty (20) times in a Month.

  11.  Safaricom data bundles are not for re-sale. You therefore will not resell data bundles purchased from Safaricom without its consent. Safaricom reserves the right to withdraw this service from you if you breach these terms.

5. 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, Safaricom PrePay and PostPay Data Bundles and other Services that you may be using. 3

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

  3. Terms and Conditions available on www.safaricom.co.ke

NOTE:  SAFARICOM DATA BUNDLES ARE NOT FOR RE-SALE AND CAN ONLY BE PURCHASED FROM SAFARICOM AS INDICATED IN THE APPLICABLE PUBLISHED TERMS AND CONDITIONS. SAFARICOM SHALL NOT BE RESPONSIBLE IN ANY MANNER WHATSOEVER FOR DATA BUNDLES PURCHASED FROM ANY OTHER SOURCE.

THE SAFARICOM PURCHASE ORDER

TERMS AND CONDITIONS OF THE SAFARICOM PURCHASE ORDER

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1.0 SAFARICOM PURCHASE ORDER TERMS AND CONDITIONS

The Purchase Order Terms and Conditions apply to all Orders for the purchase of goods and services for Safaricom. No other terms apply unless specified in the Purchase Order or otherwise agreed in writing between Safaricom and you. If there is any contradiction between these Purchase Order terms and conditions and those set out in an Agreement executed between you and Safaricom, the Agreement shall prevail.

2.0 DEFINITIONS

  1. Purchase order means Safaricom generated document that authorizes a purchase of goods/ works and or services to which these standard Purchase Terms are attached or incorporated. A Purchase Order sets forth the descriptions of goods/works and or services, quantities, unit prices, total cost, payment terms, the date by which performance of supplier’s obligation must be completed (need by date) other associated terms and conditions, and identifies the specific seller.

  2. Seller or Supplier means the party indicated on the cover page of the Purchase Order that is contracting with Safaricom for the sale of Goods/works and or services.

  3. Buyer means Safaricom Plc.

  4. Goods means the goods that are required to be delivered by the Seller pursuant to a Purchase Order, and include all materials, component parts, packaging and labelling of such goods.

  5. Services means any professional services to be provided by the Seller to Safaricom in accordance with the terms of a Purchase Order.

  6. Need by Date means the date by which delivery for Goods or performance of Services as specified in a Purchase Order needs to be completed.

  7. Specifications means the requirements, attributes and specifications for the Goods or Services that are set out in the applicable Purchase Order. Specifications also include: a) Documentation published by the seller relating to the Goods or Services.

    1. Operational and technical features and functionality of the Goods or Services.

    2. Standards or levels of service performance for Services; and

    3. Buyer business requirements that are expressly set out in a Purchase Order.

3.0 CONDITIONS OF PURCHASE

  1. ACCEPTANCE AND TERMS AND CONDITIONS

    1. Every Purchase Order shall remain open for acceptance three (3) days after receipt thereof by the Seller, and if not accepted within the three days, then Safaricom shall have the right to cancel the Purchase Order.

    2. The seller shall accept a Purchase Order and any amendments by acknowledging acceptance in Safaricom iSupplier portal.

    3. Any queries in regards to the issued Purchase Order(s) should be channeled to below email: purchaseorders@safaricom.co.ke

    4. In the absence of a written acknowledgment, the Seller's full or partial performance under this Purchase Order will constitute acceptance of these Terms.

    5. By acceptance of this Order, the seller agrees to be bound by, and to comply with all these Terms and Conditions, and any accompanying or attendant variations. These Terms may be modified only by a written document signed by the duly authorized representative of Safaricom and the Seller.

    6. Goods/works and or services shall be supplied not later than the delivery (need by) date indicated on the face of the Purchase Order. .

    7. Safaricom reserves the right to accept all goods/works and or services supplied after the expiry of the delivery date mentioned therein.

  2. PACKAGING

    1. All goods must be packaged in the manner specified by Safaricom and shipped in the manner and by the route and carrier designated by Safaricom. If Safaricom does not specify the manner in which the goods must be packaged, the Seller shall package the goods so as to avoid any damage in transit.

    2. If Safaricom does not specify the manner of shipment, route, or carrier, seller shall ship the goods at the lowest possible transportation rates, consistent with the seller’s obligation to meet the delivery schedule set in the Purchase Order.

  3. SHIPMENT

    1. All shipping documents shall contain the Purchase Order Number specified in the Purchase Order.

    2. The seller shall ship the goods and/or materials referred to in this Purchase Order in accordance with the agreed Incoterm on the date specified by Safaricom. The applicable standard shall be Incoterms, 2010 as may be varied from time to time. In the event that the seller fails to ship the goods and/or materials on the said date for any reason whatsoever, Safaricom shall have the right to obtain such goods and/or materials from any other source.

    3. The seller shall compensate Safaricom for any loss suffered by Safaricom in connection with the failure of seller to ship the goods and/or materials referred to in this Purchase Order on the said date.

    4. The seller may request in writing change of delivery date before expiry in consultation with Safaricom.

  4. DELIVERY

    1. Goods/works and or services delivered to Safaricom by the seller must be confirmed by way of Goods Receipt Note (GRN). The GRN is raised by Safaricom once the goods/works and or services have been accepted.

    2. Goods/works and or services delivered to Safaricom by the seller must be confirmed by way of Goods Receipt Note (GRN). The GRN is raised by Safaricom once the goods/works and or services have been accepted.

    3. he Purchase Order must be quoted on all invoices and other correspondence regarding the supply or otherwise of the said goods or services.

  5. RIGHTS OF INSPECTION AND TITLE AND RISK

    1. Safaricom retains the right to inspect and approve all goods/works and or services and to reject any or all of the said goods/works and or services that do not meet the procurement specifications.

    2. Goods rejected for whatever reason remain the property of the seller for which risk shall not pass to Safaricom whether kept at Safaricom premises or not and no liability whatsoever for loss or damage shall be claimed against Safaricom.

    3. The goods and/or materials referred to in this Purchase Order shall be subject to inspection by Safaricom within a reasonable time after receipt thereof by Safaricom.

    4. If any of the goods or services are found at any time to be defective in material form or workmanship, or otherwise not in conformity with the requirements of this Order, including any applicable drawings and specifications, Safaricom reserves the right to reject and return the said goods and/or materials at the seller’s expense. Payment, if any, made for any goods rejected under this condition shall be promptly refunded by seller by issuing a credit note, Cheque or making an electronic bank transfer to Safaricom’s bank account.

  6. PRICE

    1. Safaricom shall be under no obligation to pay a price higher than the price agreed with the seller before the date of shipment and detailed on the face of the Purchase order. In the absence of express agreement as to price, Safaricom shall pay to the seller the price last offered by the seller to Safaricom for identical goods, materials or services or the market price of identical goods, materials or services at the date of receipt thereof by Safaricom, whichever is lower.

    2. No extra charges of any kind will be allowed unless specifically agreed to in writing by Safaricom. If the seller reduces its prices for such goods/works and or services during the term of this Order, Seller shall correspondingly reduce the prices of goods/works and or services sold thereafter to Safaricom under this Order.

  7. DISCOUNT

    The amount of any discount shall be calculated from the date on which an invoice, conforming in all respects to the provisions of this Purchase Order, is received by Safaricom, or the date on which proof of shipment is received by Safaricom, whichever is later.

  8. DRAFTS AND/OR SAMPLES

    Samples relating to the goods and/or materials and/or referred to in any Purchase Order shall not be accepted by Safaricom unless otherwise agreed. Safaricom shall be under no obligation to pay for delivery of such drafts and/or samples.

  9. CARTAGE

    Safaricom shall be under no obligation to pay any charges in connection with shipping or packing in excess of the charges that Safaricom has agreed to pay, and which result from the performance by the seller of the terms and conditions contained herein.

  10. INVOICES, PAYMENTS AND TAXES

    1. Invoices shall be rendered on completion of services or delivery of goods and shall contain the Purchase Order Number, item number, description of goods or services, quantities, unit prices, date(s) rendered and total purchase price. Each invoice must refer to only one purchase order.

    2. The invoice relating to the goods and/or referred to in this Purchase Order shall be addressed to Safaricom Plc.

    3. Unless subject to a separate agreement, the seller will be paid in accordance with the payment terms appearing on the body of the purchase order. All seller invoices and statements shall be uploaded on the Safaricom iSupplier portal.

    4. The seller shall pay those taxes imposed by law upon or in connection with the goods/works/services and or material referred to in this Purchase Order. In the event that Safaricom shall be required by law to make any deductions or withholding tax then Safaricom shall, at the cost and expense and for the account of the seller, comply with such applicable legislation and remit the amounts to the appropriate authorities.

  11. TOOLS AND EQUIPMENT

    The seller shall insure and maintain in good repair any tools and/or equipment provided by

    Safaricom to the seller in connection with the production of goods by the seller for use by Safaricom. Safaricom reserves the right to recall the said tools and/or equipment at any time upon which the seller shall return the said tools and/or equipment in good repair forthwith.

    1. In the event that the seller is, for any reason whatsoever, unable to return the said tools in good repair at the date of recall or at such other date agreed with Safaricom, the seller shall provide replacement tools with specifications identical to those of the tools originally provided by Safaricom within a reasonable time.

  12. THIRD PARTY INTELLECTUAL PROPERTY INDEMNITY

    The seller shall hold and indemnify Safaricom, its officers, agents, servants and users of its products or services harmless from liability for the infringement of any third party’s intellectual property relating to any goods and/or material supplied by seller.

  13. COMPLIANCE

    1. The Purchase Order is placed by Safaricom on the understanding that the seller’s acceptance hereof serves as a warranty that no statute or any other legal regulation has been violated in the manufacture or sale of the goods and/or materials or the provision of services referred to in this Purchase Order.

    2. The seller shall be required to obtain and pay for any license, permit, inspection or listing by any public body or certification organization required in connection with the manufacture, performance, completion or delivery of any good and/or service.

  14. ENTIRE AGREEMENT

    1. This Purchase Order contains the entire agreement between the Parties with respect to the purchase of the goods and/or materials hereof and, unless the terms and conditions herein are replaced in accordance with varied superseding agreement signed by mutual consent of the Parties, whether oral or written, express or implied, in relation to the subject matter between them.

    2. Safaricom reserves the right to vary the terms and conditions of this Purchase Order as a direct result of new legislation, statutory instrument, government regulations or licenses, amendments or recommendations from regulatory bodies, changes to its internal business rules or similar events provided that such variations or new terms and conditions shall be notified to the seller and shall be limited to the extent necessary for these purposes.

  15. GOVERNING LAW

    1. 3 The terms and conditions of this Purchase Order are governed by the Laws of Kenya.

    2. Any dispute arising out of or in connection with this Purchase Order or the goods/works and or services supplied in accordance with this Purchase Order, if not resolved amicably within a period of thirty days 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) of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Kenya Chapter of the Chartered Institute of Arbitration.

    3. The seat of arbitration shall be in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995.

    4. To the extent permissible by law, the determination of the Arbitrator shall be final and binding upon the Parties.

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

  16. ENVIRONMENT

    Safaricom requires the seller to assume responsibility for the environmental impacts caused by its activities in recognition of ecological limits and environmental sustainability. The seller is also expected to monitor and continually improve on its environmental performance.

  17. PLASTICS MANAGEMENT

    Safaricom requires the seller to comply with Kenya Gazette Legal Notice No. 2334 of 14th March 2017 (as may be amended from time to time) which bans all plastic carrier bags regardless of their thickness or color used as secondary packages with effect from 28th August 2017. Should the seller desire to continue using flat bags for primary packaging, then the seller has the obligation to seek for exemption from the National Environment Management Authority (NEMA) and share the certificate of clearance from NEMA with Safaricom. The following conditions will apply for the exempted use of flat plastic bags for industrial primary packaging:

    1. They are used for industrial primary packaging at the source of the product and it is not available on sale at the counter or given freely outside the industrial setting.

    2. The bags must be clearly labeled (Printed) with the name of the industry and product packaged.

    3. They are subject to Extended Producer Responsibility and/or effective take back schemes. The seller is encouraged to avoid where necessary or take due diligence to segregate and direct all used plastics materials to recycling facilities and NOT DUMPED together with general waste. Safaricom having declared its premises a plastic free zone, requires sellers to eliminate all single use plastics items and Styrofoam in packaging and in daily operations. In cases where plastic may not be avoided, the seller shall provide a clear management plan for plastic waste. Failure to comply with this ban will lead to Safaricom rejecting the shipments at source/origin and if costs have been incurred by Safaricom to ship the goods, and it warrants reverse logistics, such return costs will be fully borne by the seller and Safaricom will set off the amounts from the invoices payable to the seller.

  18. CORRUPT PRACTICES

    Safaricom requires that the seller as well its subcontractors, employees, directors, shareholders and officers to observe the highest standard of ethics during the procurement and execution of this Agreement. In pursuit of this, Safaricom:

    1. Defines, for the purposes of this clause the following terms:

      1. “Corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party including offences listed under all applicable laws, regulations and sanctions relating to anti-bribery, and anticorruption including but not limited to the Anti-Corruption and Economic Crimes Act and the UK Bribery Act;

      2. “Fraudulent practice” means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

      3. “Coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of a party to influence improperly the actions of a party;

      4. “Collusive practice” means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party.

    2. Will terminate this Agreement with immediate effect if it determines at any time that representatives of the seller engaged in corrupt, fraudulent, collusive or coercive practices during the procurement or the execution of this Agreement; and

    3. Will sanction the seller, its shareholders, directors and other officers including declaring them ineligible, either indefinitely or for a stated period of time, to be awarded a Safaricom contract if it at any time determines that they have, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing this or any other Agreement entered into with Safaricom.

    4. Reporting: Where sellers suspect corrupt or fraudulent acts involving Safaricom they are encouraged to report such instances to an independently managed hotline using any of the following channels;

      Toll free number: 0800 720 009 Email: Safaricom@ethics-line.com

      Website: www.safaricomethicsline.com

  19. GENERAL

    1. Cancellation of Order

      In the absence of terms to the contrary, where the Supplier fails to perform their obligations under or is otherwise found to be in breach of any of the provisions of this Purchase Order, Safaricom shall be entitled at its option and upon issuing a written notice of seven (7) days to the Supplier, to terminate this order and no goods and services shall be receipted against such cancelled order.

    2. Confidentiality

      Each Party agrees that it shall ensure that its trustees, employees, officers and directors shall hold in confidence all the commercial and other engagements and all information, documentation, data and know-how disclosed to it by the other Party and designated as “confidential” both relating to all orders made (“Confidential Information”) and shall not disclose to any third Party or use Confidential Information other than in connection with the performance of its obligations pursuant to this Purchase Order or any part thereof without the other Party’s written approval,

      PROVIDED THAT:

      1. This clause shall not apply to Confidential Information already in the public domain other than by reason of breach of this clause;

      2. A Party may disclose Confidential Information in accordance with any legal requirements or relevant regulatory or governmental authorities; or to consultants and contractors (subject to obtaining undertakings of confidentiality except where professional duties already impose an obligation of confidentiality) whose duties require such disclosure.

      Either Party shall return or destroy Confidential Information in relation to any order made under this Purchase Order and given to the other Party within seven (7) days of cancellation of an order for any reason whatsoever; or as and when upon receipt of a written request by Safaricom

      Mutual Indemnity

      The Parties agree to indemnify and to hold each other, their agents and employees harmless against all claims, proceedings, damages, costs, expenses and losses whatsoever whenever and howsoever arising out of any negligent, inadvertent or willful act or omission of their employees, servants or agents in the fulfillment of their respective obligations as provided herein

      Publicity

      The Supplier shall not use any of Safaricom’s trademarks or intellectual property (including without limitation such logos, brands, service marks) without the prior written consent of Safaricom

       

SAFARICOM OKOA BUNDLES SERVICE TERMS AND CONDITIONS

SAFARICOM OKOA BUNDLES SERVICE TERMS AND CONDITIONS

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The following terms and conditions apply to the Safaricom Okoa Bundles Service (“Okoa Bundles”) and by utilizing the Okoa Bundles Service you will be deemed to have read, understood and accepted the same:

1.  The Service

  1. The Okoa Bundles Service allows Safaricom PrePay subscribers who meet the eligibility criteria set out in clause 2 below to request an advance of mobile data Bundles of 5MB, 10MB, 45MB, 120MB and 450MB (the “Credit Advance") which shall be credited to the Subscriber’s PrePay data account (less the service charge set out in clause 1(b) below).

  2. For providing the Credit Advance to you, Safaricom will charge an advance fee of 10% for each request. The table below highlights the service fee for each request and actual airtime credited to your Prepay account:

Okoa Bundles

(MB)

Service

Fee in

(Kshs.)

Charge  (Ksh)

Total Amount

(Repayment)

(Kshs.)

Airtime Spend for the Previous

Week (Kshs.)

450MB+Free

WhatsApp

9

90

99

100

120MB+Free

WhatsApp

5

45

50

50

45MB+Free

WhatsApp

2

18

20

20

10MB

1

9

10

10

5MB

0.5

4.5

5

5

 c. The Okoa Bundles Service will be available from 14th September 2018 (“Service Date”).

2.  Eligibility

  1. The Okoa Bundles Service is open to all Safaricom PrePay subscribers apart from Prepay subscribers who are roaming.

  2. In order to access the Credit Advance:

  1. The amount requested must be equivalent to your airtime spend for the last seven (7) days prior to the date of the request for the Credit Advance.

  2. You must have an active line meaning your line has not gone into expiry due to a failure to top up over a period of 180 days or any other such days as maybe communicated by Safaricom from time to time.

  3. Your mobile number must have been active on Safaricom network for at least one (1) month continuously.

  4. You must have fully repaid any previous Credit Advanced on both Okoa Jahazi and Okoa Bundles.

3. How to Request for the Okoa Bundles 

Okoa Bundles Service can be accessed in the following ways:

  1. USSD:

    1. Dial *544# or *131# from your Safaricom mobile or data line;

    2. Select “Okoa Bundles”;

    3. You will get Bundles options available for you to get credit advance on (Okoa);

    4. Select your preferred Bundles and you will receive the following message upon successful request:

    “Request successful. You have received *** MB + FREE WhatsApp. Your Okoa credit is *** KSH to be paid before ***Date”

    OR

    “Request successful. You have received *** MB. Your Okoa credit is *** KSH to be paid before ***Date”

  2. Bundles:

    1. Log onto safaricom.com/Bundles;

    2. Click on “Okoa Bundles” button;

    3. Select the Bundles you wish to get credit advance on Okoa;

    4. Select your preferred Bundles and you will receive the following message upon successful request:

    “Request successful. You have received *** MB + FREE WhatsApp. Your Okoa credit is *** KSH to be paid before ***Date”

    OR

    “Request successful. You have received *** MB. Your Okoa credit is *** KSH to be paid before ***Date”

4. Repayment of the Credit Advance

  1. The following top up methods will be valid for the purpose of repaying the Credit Advance: Scratch cards, Safaricom-excluding ‘preferential vouchers’ such as the magic box voucher, Pre Pay Roaming Top-up (PPRTU) using partner networks scratch cards in Tanzania, Uganda and Rwanda), M-PESA, 3rd party top-up, Sambaza, PINless Top-up (Bamba Poa).

  2. The Credit Advance will be deducted from your subsequent top up(s) until fully recovered.

  3. You will be required to repay the Credit Advance within a period of 120 hours from when the Credit Advance amount was credited to your account. If you do not repay the Credit Advance within the said period you will not be entitled to utilize the Okoa Jahazi or Okoa Bundles Service for a period of four (4) days following the expiry of the 120 hours. This will however not affect your right to access other Safaricom services provided you are compliant with the terms and conditions of that service or unless otherwise communicated by Safaricom.

5. Other Terms and Conditions

    1. The Okoa Bundles Credit Advance can only be used to browse the internet. You cannot make calls or send text with Okoa Bundles.

    2. In order of priority, Daily Bundles will be exhausted first followed by Okoa Bundles and then Volume Bundles.

    3. You will not be able to Sambaza the Okoa Bundles Credit Advance to another subscriber.

    4. Safaricom shall not be liable for any injury, loss or damage, whether foreseen or unforeseen resulting from any failure, interruption, delay, suspension or restriction in providing the Okoa Bundles Service howsoever arising. Safaricom reserves the right to decline a request for Okoa Bundles without incurring any liability.

    5. Safaricom reserves the right to withdraw the Okoa Bundles Service from any particular subscriber at any time and to vary or amend any element of the Okoa Bundles Service any time without further notice.

    6. These terms and conditions may be varied or amended by Safaricom at any time and by continuing to use the Okoa Bundles Credit Advance you will be deemed to have read, understood and accepted such amended terms and conditions. The varied terms and conditions will be available on the Safaricom website safaricom.co.ke.

    7. The Okoa Bundles Credit Advance is not a resale service, airtime and key account dealers will not have access to the service for resale to subscribers.

    8. The standard terms and conditions for the Safaricom PrePay services, PrePay and PostPay Data Bundles and other Services that you may be using (www.safaricom.co.ke) will apply to the Okoa Bundles Servicesave where expressly varied by these terms and conditions.

THE SAFARICOM UNLOCK YOUR DATA SERVICE

TERMS AND CONDITIONS FOR THE SAFARICOM UNLOCK YOUR DATA SERVICE

The following terms and conditions apply to the Safaricom Unlock Your Data Service (“the Service”) and by participating in this Service, you will be deemed to have read, understood and accepted the same: -

1. Eligibility

The Service is open to all Safaricom subscribers.

2. The Campaign

This Service enables Safaricom subscribers enjoy browsing on their phones using affordable data bundles, that will be recommended to them based on their monthly average spend on data bundles.

3. Launch of the Service

This Service will be launched at 0000hrs on 8th December 2020.

4.  How to participate in the Campaign

  1.  Subscribers will be dial *544# and select “unlock your data.”

  2. Proceed to make payment. You can pay through airtime or M-PESA.

  3. You will receive an SMS confirming successful purchase.

  4. Proceed to browse the internet on your phone.

5. Available bundles

The following data bundles are available once you unlock your data bundle:

COST (KES.)

BUNDLE OFFER

5

50MBs

10

100MBs

20

250MBs

50

500MBs

75

1000MBs

100

2000MBs

250

5000MBs

500

10000MBs

1000 and above

20000MBs

6.  Validity of the unlock your data bundles

  1. Subscribers who purchase a recommended bundle worth Kshs. 100.00 and below will be offered a twenty (24) hours validity period.

  2. Subscribers who purchase a recommended bundle worth Kshs. 101.00 and above will be offered a seven (7) days validity period.

7.   Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

8.  Other Terms

  1. The unlock your data bundle cannot be transferred (sambaza) to a third-party device.

  2. The unlock your data bundle does not rollover to the following day.

  3. The unlock your data bundle is only awarded once a day.

  4. All other applicable rates for use of the Safaricom services remain unchanged.

  5. The Service will not be available in conjunction with other data campaigns, promotions and rewards.

  6. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Service at any time. 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.

  7. These terms and conditions are supplemental and subject to the standard terms and conditions for the use of the Safaricom PrePay and PostPay data bundles according to the terms of usage of the Safaricom Prepay & PostPay Data Bundles (www.safaricom.co.ke).  

 

 

THE SKIZA TUNES SERVICE

TERMS AND CONDITIONS FOR THE SKIZA TUNES SERVICE

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The following terms and conditions apply to Safaricom’s SKIZA Tunes Service (“SKIZA”) and by utilising the SKIZA Tunes Service you will be deemed to have read, understood and accepted the same.

1. Description of the Service

  1. The SKIZA Tunes service is a personalized ring back tone service whereby you can download or record a SKIZA tune or message at the fee set out in paragraph 5 below. The selected SKIZA tune can be:

    1. played to and heard by your callers (both Safaricom subscribers and callers on other networks) from the time when the connection to your line is made until when you pick up or disconnect the call or until your caller is directed to your voice mail.

    2. can be played to and heard by you when you place a call to both Safaricom subscribers and callers on other local and international networks from the time when you dial until when your call is picked up or disconnected.

  2. Safaricom will from time to time publish a catalogue of all the tunes existing in the SKIZA Tunes system with the song code, artist and SKIZA Tune name on its website and the local press.

2. Features of the SKIZA Tunes Service

  1. You can purchase a SKIZA tune from the album on Safaricom’s database or you can record a message or tone on your phone to be played to your callers.

  2. You can purchase or record a maximum of twenty (20) SKIZA tunes in respect of 1 (a) above and a maximum of ten (10) SKIZA tunes in respect of 1 (b) above.

  3. If you purchase or record only one (1) SKIZA tune, this tone will be played for all your callers.

  4. If you have purchased or recorded more than one (1) SKIZA tune you can set specific tones for specified callers. You can set up to ten numbers for each SKIZA tune.

  5. If you purchase or record more than one (1) SKIZA tune but you do not specify the callers to whom each SKIZA tunes will be played the SKIZA tunes you have purchased will be played randomly to your callers or when you place a call.

3. Eligibility

  1. The SKIZA Tunes Service is available for both Post and Pre-Pay subscribers on Safaricom’s network.

  2. There shall be no registration for the SKIZA Tunes Service.  

  3. SKIZA Tunes Service is not valid when a subscriber is out of the county or is on Safaricom’s roaming service.

  4. SKIZA Tunes Service is not valid for diverted calls, secondary lines for subscribers with dual SIM cards.

4. How to Request for the SKIZA Tunes Service

(a) Browse through the catalogue and select the SKIZA tune or SKIZA tunes you would like to purchase. Take note of the SKIZA tune code and then request for the SKIZA tune using one of the following methods:

  1. USSD - Dialling *811# and following the prompts; or

  2. Interactive Voice Response - Dial 811 and follow the voice prompts; or

  3. SMS - Send an SMS with the keyword ‘SKIZA’ and the code of the SKIZA tune that you would like to purchase to 811 e.g. SKIZA 5000001; or

  4. The internet (including WAP). Log on to the following website safaricom.co.ke

5. Charges 

  1. Caller Ring Back Tones

    1. For each purchase of a SKIZA tune described under clause 1 (a) (i) above the following charges shall apply:

      1. A content fee of Kshs. 1.00 daily per local SKIZA tune and Kes. 1.00 daily per international SKIZA tune. The SKIZA Tunes are already marked as local or international on the Safaricom SKIZA portal

      2. For Interactive Voice Access an access fees of Kes.3.00 per Minute, with per second billing;

      3. Charges arising from usage on phone browser and Web, if accessing the service using Safaricom, data cards;

      4. SMS access to 811 shall be a fee Kes.1.00.

    2. You will be charged for each SKIZA tune upon the successful upload of the tone.

    3. IVR and searches for the SKIZA Tunes Service shall be charged at the point of request for the SKIZA tune.

    4. If you do not have sufficient funds in your account to cover the SKIZA tune fee of Kshs. 1.00 or Kshs. 1.00 daily the tone purchase will fail. However, all applicable access fee charges in relation to the failed purchase will apply.

    5. You cannot purchase ring back tones using promotional or loyalty accounts such as Bonga Points, however you can purchase ring back tones using Okoa Jahazi airtime.

  2. Reverse Caller Ring Back Tones

    1. For each purchase of a Reverse Call Ring Back Tone described under clause 1 (a) (ii) above the following charges shall apply:

      Content Fee

      Reverse Call Ring Back Tone pricing

      (Daily)

      Local tunes

      Kshs. 1.50

      Premium Local tunes & Name tunes

      Kshs. 1.50

      International tunes

      Kshs. 1.50

    2. For Interactive Voice Access an access fees of Kes.3.00 per Minute, with per second billing;

      1. Charges arising from usage on phone browser and Web, if accessing the service using Safaricom, data cards;

      2. SMS access to 811 shall be a fee Ksh.1.00.

      3. You will be charged for each Reverse Call Ring Back Tone upon the successful upload of thetone.

      4. Access fees arising out of the Reverse Call Ring Back Tone Service shall be charged at the point of request for the SKIZA tune.

      5. If you do not have sufficient funds in your account to cover the Reverse Call Ring Back Tone fee daily the tone purchase will fail. However, all applicable access fee charges in relation to the failed purchase will apply.

      6. You cannot purchase a Reverse Call Ring Back Tone using promotional or loyalty accounts such as Bonga Points, however you can purchase ring back tones using Okoa Jahazi airtime.

6. Transfer of SKIZA Tunes

SKIZA tunes purchased through the SKIZA tune Service can only be transferred to another line by:

  1. Gifting

    You can send a SKIZA tune that you have purchased to another Safaricom subscriber as a gift. Once the recipient accepts the gift, you will be charged Kshs. 1.00 cost of the ring tone for a local tune and Kes 1.00 for a local top tune and international tune.   

  2.  Express Copy

    You copy the SKIZA tune of the person that you are calling by dialing 11 when the other person’s ring tone is playing. You will be charged the Kshs. 1.00 cost of a SKIZA tune once you successfully copy the SKIZA tune of the person that you are trying to call you for a local tune and Kes 1.00 for a local top tune and international tune.

    Transfer of SKIZA tunes is not applicable to Reverse Call Ring Back Tone.

7.  Validity Period and Auto – Renew

  1. All SKIZA tunes shall be the charged the content fee detailed in clauses 5.1 (a) (i) and 5.2 (a) (i) above and this also applies for SKIZA tunes obtained through gifting or express copy as defined in paragraph 6 (a) and 6(b) above.

  2. In case you do not have sufficient credit your auto-renewal will be charged upon your next airtime recharge for every SKIZA tune that you have in your album.

  3. Cost of renewal for Express Copy and Gifted SKIZA tunes will be paid by the recipient.

8. Deletion of SKIZA Tunes

You can delete a SKIZA Tune by simply sending an SMS to 811 with the word DELETE and the SKIZA Code of the tune you wish to delete, e.g. send DELETE 5050005 to 811 to delete the said tune. No refund will be given by Safaricom for the deletion of one’s SKIZA Tunes, i.e. tunes deleted before the daily lapse of the tone validity period.

9. Free SKIZA tunes

Safaricom may provide free SKIZA tunes from time to time. However, you will be charged all other costs as outlined above other than the content fee detailed in clauses 5.1 (a) (i) and 5.2 (a) (i) above.

10. Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

11. Other terms and conditions

  1. Safaricom reserves the right to vary or amend any features of the SKIZA Tunes Service or to amend these terms and conditions at any time. Such changes shall be advertised on Safaricom’s network and may also be published in the local press. Such changes shall not affect SKIZA tunes that you have purchased as at the date of the changes Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update.

  2. The SKIZA Tunes Service is not a resale service and airtime and key account dealers will not have access to the service for resale to subscribers.

  3. The standard terms and conditions for the Safaricom PrePay services will apply to the SKIZA Tunes Service including the provisions on Privacy and terms of use for any other Safaricom Services that you may be enjoying available on safaricom.co.ke, unless expressly varied by these terms and conditions.

  4. These terms and conditions are also available on safaricom.co.ke

THE SAFARICOM CONTACTS BACK UP SERVICE

TERMS AND CONDITIONS FOR USE OF THE SAFARICOM CONTACTS BACK UP SERVICE

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The following terms and conditions apply to the Safaricom Contacts Backup Service (“Contacts Backup Service”) and by using the Phone Book Up Service you will be deemed to have read, understood and accepted the same.

1. DEFINITIONS:

  1. “"Charges" means the amounts payable for the Services as published in these terms and Conditions and as may be varied from time to time;

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

  3. “Handset” means the mobile cellular handheld device;

  4. “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;

  5. “Month” means thirty (30) days;

  6. “MSISDN” means the Mobile Subscriber Integration Services Digital Number, which is the Subscriber’s telephone number;

  7. "Network" means the cellular network operated by Safaricom;

  8.  “Offending Material” means any Content that is:

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

    2. abusive, indecent, defamatory, obscene, offensive or menacing, or

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

  9. Phone Book” means an alphabetical list of telephone numbers saved by the Subscriber on the Handset or SIM;

  10. “Services” means the service that will back phone book contacts, phone book notes and calendar notes  provided by Safaricom pursuant to this Terms and Conditions and includes voice and other data services provided through the Network;

  11. “SIM” means the subscriber identity module which is programmed with the Subscriber’s MSISDN and that enables the Subscriber to use the Services when used with the handset;

  12. "Subscriber" means the Safaricom customer applying for, or using the Services and includes any person who Safaricom believes is acting with the customer’s authority;

2. THE SERVICE 

The Safaricom Contacts Backup Service enables the Subscriber to back up the following data; Phone Book Contacts (Name and Telephone Number of the contact);

3. ELIGIBILITY

The Contacts Backup Service is available to all Safaricom PrePay and PostPay subscribers.

4.  HOW TO REQUEST FOR THE SERVICE

  1. To activate the Service, PrePay subscribers will dial *100# from their Handset.

  2. To activate the Service, PostPay subscribers will dial *200# from their Handset.

  3. The Subscriber will receive an SMS confirming the status of the subscription.

5. CONTACTS BACKUP SERVICE

The Service will be provided as follows

  1. Charges

    1. The service shall be free for the first month from the 16th of November 2012 launch date and will thereafter be billed as per clause 5.1 (b) below. Subscribers who subscribe into the service after the launch data will not enjoy the one month free service.

    2. This service will be billed at a rate of Kenya Shillings One (Kshs.1.00) per week and Kenya Shillings Twenty Five (Kshs. 25.00) to retrieve or access or recover your information.

    3. Subscribers can back up their information as many times as they want but it will be subject to charges. The weekly charge will cover you for the backup completed in that week. Subscribers can set up the auto back up feature on the website safaricom.co.ke/contactsbackup.

  2. SIM Features

    1. To back up SIM contacts you will need to have a SIM card that is enabled for this service. When you access the feature via USSD you will be notified if your SIM card is compatible for this service. If your SIM card is incompatible please visit the nearest Safaricom Retail shop for a SIM swap. Normal SIM swap charges will apply.

    2. For Subscribers with a non-data handset, this service will only back up contacts saved on the SIM card . Any contacts saved on the non-data phone will need to be saved on the SIM card for these contacts to be backed up.

    3. To back up phone contacts you will be required to download the backup application and have a data enabled handset and a SIM card that is compatible to this service.

    4. This Service will only backup phone book contacts, other feature on the handset will not be backed up. These include but not limited to images, SMS, Music files, ringtones, videos e-mails and Skiza Tunes.

    5. The Service will auto renew and will be deduced from the next airtime top up unless you have unsubscribed for the service.

    6. Once a Subscriber‘s line is deleted from the Safaricom Network the Subscriber’s information stored on the Service will be deleted.

    7. Once a subscriber has unsubscribed for the service the backed up contacts will be retained for Ninety days (90 days) thereafter they shall be deleted.

    8. Subscribers who port out, the service shall be deactivated and any contacts backed up shall be deleted.

  3. Back Up Retrieval

    1. The Subscriber will be able to retrieve contacts by dialing the USSD code *200# for PostPay and *100# for PrePay and selecting the option to retrieve contacts

    2. The Subscriber can also retrieve the information by accessing the website safaricom.co.ke/contactsbackup

    3. A subscriber will need to register on the Contacts backup website safaricom.co.ke/contactsbackup and a password will be sent to the subscriber to access the site.

6. GENERAL PROVISIONS

  1. Safaricom may in its sole discretion suspend or vary the Services without compensation for any period during which:

    1. 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;
    2. Safaricom reasonably suspects or believes that the Subscriber is in breach of any of these terms and conditions.
    3. Such a suspension or variation is necessary as a consequences of technical problems or for reasons of safety;
    4. Safaricom suspends the provision of the Services for its commercial reasons.
  2. The Subscriber 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 of the Subscriber.

  3. Safaricom shall not be responsible for the deletion, corruption or failure to store any phone back information stored on the Service.

  4. Although Safaricom will take all reasonable steps to ensure that the Services are available to the Subscriber 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, planned maintenance or rectification work on the Network, or the Subscriber’s Handset may interfere adversely with the quality and provision of the Services.

  5. Safaricom, its officers, employees, agents and partners will not be liable to the Subscriber or any party for:

    1. any direct, indirect, consequential, incidental or special loss, corruption of data or other costs arising out of or in connection with this Service 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 the Subscriber incurring the same;

    2. 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 of a supplier or any other of Safaricom’s service providers, contractors, agents or employees.

    3. for any damage to or loss of information on the Subscriber Handset in the event that unwanted programs or material, Trojan horses, worms or viruses are downloaded to the Subscriber Handset as a consequence of retrieving the data using the Phone Book Back Service. The Subscriber will be required to take reasonable precautions while using the Service.

    4. Failure to store or corruption or inaccessibility, legibility or readability of the back up information arising from technical or other difficulties beyond its control

    5. Any charges or losses incurred as a result of or unauthorised use of the Handset including following a theft of the same.

7. SUBSCRIBER’S OBLIGATIONS

  1. The Subscriber shall not use and shall ensure that no other person using the Subscriber’s access to the Services uses the Services:

    1. for storing, reproducing, transmitting, communicating or receiving any Offending Material; or

    2. fraudulently or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or

    3. to cause annoyance, inconvenience or needless anxiety to any person; or

    4. contrary to any other instructions that may be communicated by Safaricom to the Subscriber from time to time.

    5. in a manner which is inconsistent with a reasonable subscriber’s good faith use of the Services or the Network;

  2. The Subscriber shall use the Handset and the Software in accordance with any user guide or other reasonable instruction of any manufacturer or supplier of the same or reasonable instruction of Safaricom
  3. The Subscriber shall not reverse engineer, disassemble or decompile the Software or related accessories.

  4. The Subscriber shall provide Safaricom with all the information Safaricom needs and allow Safaricom to use that information for purposes which may include:

    1. 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.

  5. Monitoring or recording of the Subscriber’s 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.

8. TERMINATION

Safaricom may terminate the provision of the Services at any time without incurring any liability to the Subscriber if:

  1. Safaricom has reason to believe that the Service is being used in an unauthorised way or for criminal activities;

  2. The Subscriber’s Handset is found to emit signals, which may interfere with the quality of the Services or the Network;

  3. The Subscriber fails to pay the full amount of Charges;

  4. Safaricom has good reason for believing that any information given by the Subscriber to Safaricom is false or misleading;

  5. The Subscriber commits any material breach of any of the provisions of this Terms and Conditions and if can capable of remedy fails to remedy the breach within the period notified by Safaricom;

  6. The Subscriber becomes bankrupt or become subject to an administration order;

  7. It is found that the Subscriber is no longer a subscriber to the Safaricom Network.

  8. The agreement under which Safaricom provides the Services is terminated. 

 

9. OTHER TERMS

  1. Safaricom reserves the right to withdraw the Services at any time and to vary or amend any element of the Services at any time without further notice.

  2. These terms and conditions may be varied or amended by Safaricom at any time and by continuing to use the Services you will be deemed to have read, understood and accepted such amended terms and conditions. The varied terms and conditions will be available on the Safaricom website safaricom.co.ke    

  3. The standard terms and conditions for the Safaricom PrePay and Postpay services (safaricom.co.ke) will apply to the Services save where expressly varied by these terms and conditions.

 

 

 

THE CALL SIGN SERVICE

TERMS AND CONDITIONS FOR THE CALL SIGN SERVICE

Download PDF Version

The following terms and conditions apply to Safaricom’s Call Sign Service (the “Service”) and by utilising the Service, you will be deemed to have read, understood and accepted the same.

1. Description of the Service

  1. The Call Sign service is a personalized service that will allow customers to display messages (“Message”) to the people who call them after the call has ended.

  2. The Message will be available on the USSD and SMS menu and will range from inspirational verses, Bible verses and Quran verses that the Customer can choose from.

2. Features of the Call Sign Service

  1. You can share inspirational verses, Bible verses and Quran quotes with your callers.

  2. Your callers will receive the Message after they call you.

  3. You will have only one (1) Call Sign Message at a time.

3. Eligibility

  1. The Service is available for both Post and PrePay subscribers on Safaricom’s network.

  2. The Service is only available for on net calls.

  3. The Service is not valid when a subscriber is out of the county or is on Safaricom’s roaming service.

  4. The Service is not valid for diverted calls, secondary lines for subscribers with dual SIM cards.

4. How to Request for the Call Sign Service

The Call Sign Service can be requested by either USSD or SMS as below:

  1. USSD - Dialling *836# and selecting the Call Sign option. You can edit and delete Messages using this USSD; or

  2. SMS - Sending the preferred Message to 836.

5. Charges 

  1. You will be charged a daily subscription of Kshs. 2/= after successfully subscribing to the Call Sign service.

  2. If you do not have sufficient funds in your account to cover the Call Sign charge of Kshs. 2/=, creation of the Message will fail. However, all applicable access fee charges in relation to the failed purchase will apply.

  3. You cannot purchase the Call Sign Service using promotional or loyalty accounts such as Bonga Points. You can however purchase ring back tones using Okoa Jahazi airtime.

6. Validity Period and Auto – Renew

  1. The Kshs 2/= daily subscription will auto renew until you unsubscribe to the Call Sign Service.

  2. In case you do not have sufficient credit your auto-renewal will be charged upon your next airtime recharge.

7. Unsubscribing from the Call Sign Service

  1. You can unsubscribe the Call Sign Service by dialing *836# and selecting “unsubscribe”.

  2. You can also request to STOP receiving call sign messages by sending RJ to 836.

 8. Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

 9. Other terms and conditions

  1. Safaricom reserves the right to vary or amend any features of the Call Sign Service or to amend these terms and conditions including the privacy terms at any time. Such changes shall be advertised on Safaricom’s network and may also be published in the local press and will take effect from the date of notification of the amendment. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke.Such changes shall not affect Call Sign Messages that you have purchased as at the date of the changes.

  2. The Call Sign Service is not a resale service and Simu ya Jamii operators, airtime and key account dealers will not have access to the service for resale to subscribers.

  3. The standard terms and conditions for the Safaricom PrePay and PostPay services including the provisions on Privacy and terms of use for any other Safaricom service that you may be enjoying available on safaricom.co.ke will apply to the Call Sign Services save where expressly varied by these terms and conditions.

  4. These terms and conditions are also available on www.safaricom.co.ke

THE SONGA BY SAFARICOM MUSIC APP

TERMS AND CONDITIONS FOR THE SONGA BY SAFARICOM MUSIC APP

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The following terms and conditions apply to the Songa by Safaricom Music App (the “Service”) and by subscribing to the Service you will be deemed to have read, understood and accepted the same:-

1. Service

This Service enables the users to have easy access to and control over the local and international music and radio content they like from the convenience of their mobile phones.

2. Eligibility

This Service is open to all Safaricom PrePay, PostPay and Hybrid subscribers.

3. Launch of Service

The Service will run from 0000hrs on 12th February, 2018 (“Service Launch Date”).

4. How to Access the Service

  1. You will be able to stream and download local and international music content and access online radio by downloading the Songa by Safaricom Music App from the Google Playstore for Android users. The Service is not currently available on iOS.

  2. Once you download and subscribe, you can stream and download music and access the content on the Service at the prices set out below.

 

5. Price and Validity of Content:

(a)               

 

Content

 

Daily

 

Weekly

 

Monthly

Local and

International Content

 Kshs. 25 

 

Kshs. 150

Kshs. 499

 

(b) Your subscription will be renewable upon payment of the respective price once the period is expired.

6.Other Terms

  1. You will not be able to subscribe to more than one Songa subscription at a time. Should you wish to change your subscription, you will first need to unsubscribe from your current one.

  2. You will need to be connected to the Internet to access the Songa by Safaricom Music App.

  3. You can create your music playlist on the App and share your playlist via a link with your friends through Whatsapp and SMS.

  4. Customers will have 2 weeks FREE trial download period upon downloading the App.

7. 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, Safaricom PrePay and PostPay Data Bundles Terms and Conditions 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. 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.

THE SKIZA ADS REVERSE RING BACK TONES SERVICE

TERMS & CONDITIONS FOR THE SKIZA ADS REVERSE RING BACK TONES SERVICE

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The following Terms and Conditions apply to the SKIZA Ads Reverse Ring Back Tones Service (“the Service”) and by participating in the Service, you will be deemed to have read, understood and accepted the same: -

1.  The Service

  1. The SKIZA Ads Reverse Ring Back Tone Service is provided by Adtones Limited a Company registered under UK Law, Company No. 9515191, based in 35A South Street London W1K 2XF United Kingdom (hereinafter “We”), in partnership with Safaricom PLC.

  2. The Service will run on the Safaricom PLC’s network.

  3. It is a Service in which an advertising audio message is played on the outgoing calls of Safaricom subscribers as they wait for their calls to connect, instead of the standard waiting tone or other forms of ring back tones. Subscribers of the Service are rewarded for listening to the Adverts.

2. Launch of the Service

The Service will be launched at 0000hrs on 4th November 2020.

3. How does it work

  1. You will be required to opt into the Service by dialing *897# or any other means promoted by Safaricom and agree to receive the service.

  2. In exchange, you will be awarded either minutes or data bundles every time you listen to 3 Ads played for longer than 6 seconds each.

  3. Once qualified, you will receive either 5MB or 1 Minute talk time available for redemption. After opting into the service and if your profile matches an advertiser, you will receive an audio advert during the call connection time while waiting for someone to pick up on the call you are making.

  4. All Ads delivered to You will be reviewed prior, to ensure that they match ethical, cultural and national rules and regulations.

4. Eligibility

All Safaricom subscribers are eligible to join the Service by dialing *897#. 

5. Your Data

  1. We may from time to time, request information about your interests and activities, your gender and age to enable us to understand better what kind of Adverts may be of interest to you.

  2. You may choose to provide us with personal data such as your name, address, and email address, but we do not require this.

  3. We store the personal information you enter directly on our secure servers. All your profile data is fully anonymized when used. We do not share any personal identifying details to advertisers.

  4. If you wish to share your personal details with an advertiser, you must do that yourself directly in connection with buying a specific service or product from them.

6.  Your award

  1. You will receive credits (minutes or data) to your AdTones account for 3 Adverts played for over 6 seconds or more each.

  2. Conversely, you will not receive credit for any Advert that is played under 6 seconds.

  3. The accumulated minutes or data will be available to redeem daily and will reset to zero on the first day of each subsequent month.

  4. Upon redemption, the validity of the minutes or data will have no expiry.

  5. Adtones reserves the right to restrict the number of adverts delivered to you if we believe the profile has been set up to gain service credits on a false basis and is not reflecting a true user profile.

7.  Unsubscribe

You can unsubscribe from the service at any time by dialling *897# and selecting Opt Out.

8. Termination or suspension of the Service

The Service will be available indefinitely or as otherwise notified at the time of opt in, unless you unsubscribe; or your mobile number is suspended or disconnected.

9. Consequences of Termination

  1. If you unsubscribe from the Service, no more Ads will be played on your outgoing calls. Your credits will still be available for redemption before first day of the subsequent month.

  2. If you terminate your Adtones account, your personal information will be deleted, and your phone number removed from your previous profile.

  3. The anonymized profile is kept on the system for full financial audit reasons but will not be associated with your phone number. You can choose to put your account On Hold any time.

  4. Adtones will not use your information when your account is On Hold, but the information is kept on the server for 12 months should you wish to use it again. After 12 months, your information is deleted.

10. Reserve clause

 Reserves the right to change or withdraw the Service at any time. All active customers will be notified of the withdrawal within reasonable/ acceptable notice period as may be determined by Safaricom.

11. Privacy Policy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

12. General Terms

  1. Safaricom reserves the right to amend or vary these terms and conditions including the privacy terms or to withdraw the Service at any time. 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. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update.

  2. These terms and conditions are in addition to Terms and Conditions applicable to the Safaricom voice and mobile data bundles services.

  3. All queries, complaints or requests  can be forwarded to safaricomcare@safaricom.co.ke.

THE SAFARICOM BONGA BUNDLES SERVICE

TERMS AND CONDITIONS FOR THE SAFARICOM BONGA BUNDLES SERVICE

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 The following terms and conditions apply to the Bonga Bundles Service (“the Service”) and by activating the Service you will be deemed to have read, understood and accepted the same:

 1. The Service

The Service gives Safaricom subscribers an opportunity to access and buy data bundles using their Bonga points. 

 2. Eligibility

This Service is open to all Safaricom PrePay and PostPay subscribers registered on the Bonga Loyalty Scheme Programme.

 3.Launch of Service

This Service will launch on 10th September 2018.

 4. How to Access the Service

  1. a) Eligible subscribers with Bonga Points may purchase following bundles via USSD and on mySafaricomApp:

 

Bonga Points

MBs

Validity

20

20

7 days

50

50

7 days

100

100

7 days

250

250

7 days

500

500

7 days

1000

1000

7 days


5. Validity

The data bundles purchased will be valid for seven (7) days after which any unused resources will expire and will no longer be available for use.

 

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. General Terms

  1. You can purchase the offers as many times as you wish.

  2. You cannot transfer (sambaza) the data bundles.

 8. Extension of Terms

  1. All other applicable rates for use of other Safaricom data services and promotions remain unchanged.

  2. Safaricom reserves the right to amend or vary these terms and conditions including the privacy terms or to withdraw the Promotion at any time. In any of these events, notice will be given via media advertisements, (including at Safaricom’s discretion, on the Safaricom website www.safaricom.co.ke) and will be effective immediately or as at the date referred in such notifications. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update.

These terms and conditions are supplemental to and subject to the published Safaricom services Terms and Conditions including the provisions on Privacy and terms of use for any other Safaricom service that you may be enjoying available on the Safaricom website (www.safaricom.co.ke).  

                                                                  

 

THE SAFARICOM BONGA POPOTE SERVICE

TERMS AND CONDITIONS FOR THE SAFARICOM BONGA POPOTE SERVICE

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The following terms and conditions apply to the Safaricom Bonga Popote Service and by enrolling for this Service you will be deemed to have read, understood and accepted the same: -

1. The Service

This Service is open to all Safaricom subscribers who wish to redeem their Bonga Points for goods and services at all vendor outlets with a Lipa na MPESA Buy goods or Pay bill number. 

2. Eligibility

This Service is available to Safaricom subscribers who are enrolled onto the Safaricom Loyalty Programme (“Bonga”).

3. Service Period

This Service commenced on 6th October 2016.


4.How to Use the Service

  1. From your Safaricom line, dial *126#, select “Lipa na Bonga”. Enter the vendor’s MPESA Till Number then enter the amount (price) in Kshs. Enter your Service PIN then confirm the transaction.

  2. You will get a confirmation message with the transaction ID. The vendor will also get a confirmation message with the same transaction ID.

  3. To check how many points you will require to pay your bill, dial *126# select ‘Lipa Na Bonga’, then select ‘Bonga Calculator’. You will be requested to put in the amount you want to pay or the number of points you wish to redeem. You will get a response showing the number of points you will need to pay your bill.

  4. To check where to redeem your Bonga points simply ensure that the vendor has a Lipa na MPESA Buy goods number or Pay bill number.

  5. To check your Bonga Points, dial *126# and select "Check Bonga Balance". You will receive an SMS notification with details of your Bonga account balance.

  6. You will not be charged any extra fees for using this service. The Bonga Points value of the bill you are paying will be deducted from your Bonga balance when you finalise the redemption as detailed above.

  7. If you enter a lower amount compared to your actual bill, you may redeem more points to cater for the difference.

  8. If you have entered a larger amount compared to your actual bill and the transaction has been completed, you may request for a reversal by contacting customer care by dialling 234 from your Safaricom line.

  9. Save as otherwise provided by these Terms and Conditions, once Bonga Points are redeemed for purposes of this service, they cannot be reversed.

  10. Redemption of Bonga Points will be at the rate of 1 bonga point to KES 20 cents or as may be advised by Safaricom from time to time through media advertisements or the Safaricom website.

5. Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

6. Extension of Terms

  1. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom PrePay Service Terms and Conditions, Safaricom PrePay and PostPay Data Bundles, Safaricom PrePay and PostPay Terms, Bonga Terms and other Services that you may be using.

  2. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Tariff at any time. 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.

 

 

THE SALE OF DEVICES TO SAFARICOM’S CUSTOMERS ON INSTALLMENTS

TERMS & CONDITIONS FOR THE SALE OF DEVICES TO SAFARICOM’S CUSTOMERS ON INSTALLMENTS

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The person whose names appear overleaf (“the Customer”) hereby agrees to the following terms and conditions:

1.  Definitions & Interpretation

In this Agreement the following words and expression shall have the following meaning:

  1. "Agreement" or “Terms and Conditions” means these terms and conditions and includes Application Form.

  2. "Application Form" means the application form overleaf;

  3. "Customer" means the person or entity listed as the customer in the Application Form References to “You” or “Your” shall be construed as references to the Customer;

  4. "Devices" means the handsets, ipads, tablets, laptops and other devices to be purchased by the Customer by way of monthly installments as listed on the Application Form;

  5. "Data Bundle" means the data volume in terms of the internet limit that the Customer can utilise;

  6. "Party" means either Safaricom or Customer and "Parties" shall mean them both;

  7. "Payment" means the monthly installments (inclusive of VAT) payable by the Customer to Safaricom for the Devices and data bundles as indicated on the Application Form;

  8. "Person” means reference to a body corporate or other legal entity;

  9. "Services" means Safaricom’s services which the Customer is connected to as at the date of the Agreement as indicated on the Application Form.   

1.2  RESERVED

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

  1. the singular includes the plural and vice versa;

  2. any written law includes that law as amended or re-enacted from time to time;

  3. any agreement or other document includes that agreement or other document as varied or replaced by the Parties in writing from time to time;

  4. words importing one gender shall be construed as importing the other gender; and

  5. any Party includes that Party’s successors and assigns.

1.3  Clause headings are inserted for convenience only and shall be ignored in construing this Agreement.

2.  Eligibility

  1. The device installment plan is only open to Safaricom’s postpay subscribers and customers who are currently using the Services and who are in good standing and whose accounts are not in arrears on the date of making the application for the Devices.

  2. Safaricom reserves the right to carry out a credit check on any Customer as a precondition to the approval of the Customer’s application for the Devices.

  3. Safaricom reserves the right to request a Customer to deposit a specified sum of money or a bank guarantee as a security for performance of Your obligations under this Agreement. You, the Customer, hereby agrees to provide Safaricom with all information that may be required to assess the application and You agree that such information may be used by Safaricom for purposes of debt collection in the event that Your account is in arrears.

3. Release of Devices & Warranty Terms 

  1. The Devices listed overleaf will be released to You upon approval of the Application Form.

  2. The Person who signs the Application Form shall be deemed to have authority to bind the Customer to this Agreement. Safaricom shall not be under an obligation to make inquiries as to whether the person has such authority.

  3. Risk in the devices will pass to You upon collection of the Devices from Safaricom or delivery of the devices to the premises indicated overleaf. For the avoidance of doubt Safaricom will not be responsible for any loss or damage to the Devices upon collection or delivery of the devices to the premises. Title to the Devices will pass to You upon payment of the Devices in full.

  4. Devices are sold subject to the manufacturer’s limited warranty which is packaged together with the Devices and is also available from Safaricom upon written request. If You find that the Product is faulty or defective, You should immediately, not later than three days, return it to Safaricom together with the receipt for the purchase. All faults will be handled in accordance with the manufacturer’s limited warranty. For the avoidance of doubt Safaricom will not be liable for any fault in the Devices outside the manufacturer’s warranty. Any logistical 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. Conditionsor warranties are excluded to the fullest extent provided by law. You are hereby advised to take note of any limitations and restrictions thereof and to examine the features of the device prior to signing the Application Form.

  5. You agree that once the Application Form has been signed and the Devices indicated on the form released there will be no replacement or repair unless the same is under the manufacturer’s limited warranty.

  6. Value of the Device is as at the date of the Customer’s application. No adjustment shall be made for promotions or price cuts offered by Safaricom.

  7. The Devices to be purchased by the Customer are set out in the Application form. In the event that the Customer requires additional Devices, the Customer may place an order by completing a new Application Form.

  8. Safaricom may elect to approve the Application Form but shall be under no obligation to do so.

  9. All Application Forms for the additional Devices approved by Safaricom shall be governed by the terms of this Agreement.

4.  Data Bundles

  1. The Data Bundle is valid for Thirty (30) days and is renewable on a monthly (30 calendar days) basis. The validity date of a data bundle is calculated from the date on which the Bundle is activated following Safaricom’s approval of the Customer’s Application Form.

  2. Any unutilized Data Bundle will be carried forward to the following month’s Data Bundle provided that the Customer’s account is not in arrears. For the avoidance of doubt the unutilized Data Bundle shall expire if not utilized within the following month.

  3. In the event that You or any third party using a Device exhausts the Data Bundle allocated to the particular Device before the expiry of the thirty (30) day validity period referred to in clause 4 (a) above, any continued usage of data by You or the third party will be deemed to be “Out of Bundle”. You agree to pay the Out of Bundle charges which shall be billed at the prevailing published tariffs and which shall be payable in accordance with the provision of clause 5 (c).

  4. The Data Bundle provided is to be utilized within Kenya and is not valid for data roaming services. You agree that you will be liable for all data roaming charges incurred through Your use or any third party’s use of the data roaming service which shall be billed at the prevailing published tariffs.

5.  Payment for the Devices and Data Bundles

  1. You agree that you will remain liable for the Payments even where the Devices are intended for use by third parties who are not party to the Agreement.

  2. You agree to continue making Payments even in the event of loss or theft of the Devices or where the Devices are faulty outside the period of the manufacturer’s warranty.

  3. All Payments are due Fifteen (15) days from the invoice date and You shall pay Safaricom by cash, cheque, approved credit/debit card and/or bank transfer. Invoices shall be sent to the Customer’s address specified in the Application Form.

  4. In the event that You do not pay the amounts due within the credit period of Fifteen (15)    days from the invoice date then Safaricom may:

    1. charge interest on the unpaid amount at a rate of 2% above the base rate of Barclays Bank of Kenya Limited from time to time; and/or;

    2. if payment has still not been received thirty (30) days from date of the missed invoice payment or if You miss any other payments:

      • Arrears plus the Payment for the remainder of the term of the Agreement shall immediately become due and invoiced to the Customer’s account.

      • Safaricom may refer the debt to a collection agent and/or institute debt recovery proceedings for the recovery of the debt; and/or pre and post judgment collection costs will be held to Your account until payment is received in full.

      • Safaricom may offset service credits due to the Customer under the terms and conditions for the Services against the Payment arrears.

      • Safaricom may offset any sums due to You under any other agreement against the Payment arrears.

6. Term & Termination of the Agreement

  1. This Agreement shall commence on the date entered in the Application Form until the debt is discharged in full.

  2. The Payments will immediately become due upon termination of this Agreement for any reason and provisions of clause 5 (d) shall apply to such Payments.

  3. Once the Customer discharges its debt in full, Safaricom will continue to provide the Data Bundle to You until You issue Safaricom with notice in writing to discontinue. The charge for the Data Bundle shall be payable in accordance with the terms of this Agreement. For the avoidance of doubt clause 4 (c) shall apply to Your utilization of the Data Bundle.

 7.   General

  1. 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 otherwise might have to rely on such terms and conditions.

  2. 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 the aforementioned address and marked for the Attention of: The Chief Executive Officer

  3. 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. 

  4. 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.

  5. 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.

  6. 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

  7. The construction, validity and performance of this Agreement shall be governed in all respects by the Laws of Kenya.

8.  Dispute Resolution

8.1  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.

8.2  Arbitration

  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.

  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, the arbitrator shall be appointed within fourteen (14) days upon application by either Party to the Chairman for the time being of Kenya Branch of Chartered Institute of Arbitrators of the United Kingdom. The arbitration proceeding shall take place in Nairobi.

  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.

  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.

9.  Application of the Terms and Conditions for Safaricom’s Post Pay Services

 The published Customer terms and conditions for Safaricom’s postpay services will apply to this Agreement to the extent that such terms and conditions have not been varied by this Agreement.

 

 

THE SAFARICOM DOMAIN NAME REGISTRATION AND WEB HOSTING SERVICE ON A PREPAY BASIS

TERMS AND CONDITIONS OF THE SAFARICOM DOMAIN NAME REGISTRATION AND WEB HOSTING SERVICE ON A PREPAY BASIS

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1. DEFINITIONS AND INTERPRETATION

  1. In this agreement:

    1. "Agreement" or “Terms and Conditions” means these terms and conditions and its schedules;

    2. "Charges" means the amounts payable for the Services as published in the Tariff Guide or otherwise described in these terms and conditions including any applicable deposits but excluding any applicable interest on late payments;

    3. “Content” means voice, sounds, information, communications, data or any other material appearing, posted, exchanged, transmitted or communicated through the Services;

    4. “Customer” means you as the organisation, corporate or individual applying for, or using the Services and with whom Safaricom is making this contract and includes any person who Safaricom believes is acting with the Customer’s authority;

    5. “Customer Equipment” means such of the Customer’s equipment as will interact with the Network to facilitate access to the Services;

    6. “Force Majeure” means acts of God, geographical topography, power outages, weather conditions, the refusal or delay by a third party to supply the Services to Safaricom, the imposition of restrictions of a legal or regulatory nature which prevent Safaricom from supplying the Services, an event which could not reasonably have been avoided by a diligent party in the circumstances, which is beyond the reasonable control of a party and which makes a party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, confiscation or any other action by government agencies. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder;

    7. "Network" means the network operated by Safaricom, its subsidiary(ies), holding company and/or its third party providers to facilitate the provision of the Services;

    8. “Offending Material” means any Content that is: in breach of any law, regulation or code of practice invoked by Safaricom or industry regulator or any policy adopted by Safaricom and communicated to the Customer with regard to the acceptable use of the Services, or abusive, indecent, defamatory, obscene, offensive, menacing or a threat to the health and safety of any third party; or in breach of confidence, intellectual property rights, privacy or any right of a third party.

    9. “Registry” means the relevant domain names Registry including but not limited to the Kenya Network Information Centre (KENIC);

    10. “Services” means the domain name registration and web hosting services to provided by Safaricom under this Agreement and includes such other services as may be incidental or conducive to the provision of the Services;

    11. “Tariff Guide” means the list of charges for the Services as published and varied by Safaricom from time to time.

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

    1. the singular includes the plural and vice versa;

    2. a person includes reference to a body corporate or other legal entity;

    3. any written law includes that law as amended or re-enacted from time to time;

    4. any agreement or other document includes that agreement or other document as varied or replaced by the Parties in writing from time to time;

    5. words importing one gender shall be construed as importing the other gender; and

    6. any Party includes that Party’s successors and assigns.

  3. Clause headings are inserted for convenience only and shall be ignored in construing this Agreement.

2  COMMENCEMENT AND DURATION 

This Agreement shall be deemed to have commenced on the date the Customer is connected to the Services (“Commencement Date”). The Agreement shall continue from the Commencement Date until terminated by the Customer or Safaricom pursuant to the Agreement.  “connected” for the purposes of this clause 2 means the Customer is able to have access to and utilise the Services.  

3 APPLICATION OF TERMS 

  1. By submitting a completed Application Form to Safaricom and/or utilising the Services you confirm that you have read, understood and accepted the terms and conditions of this Agreement.

  2. The terms and conditions set out in this Agreement are the only terms on which Safaricom is prepared to deal with the Customer in relation to the provision of the Services.

  3. No terms or conditions endorsed upon, delivered with or contained in the Customer’s quotation, acknowledgement, purchase order, delivery note or other documents will form a part of this Agreement and the Customer waives any right which it otherwise might have to rely on such terms and conditions.

  4. The Customer acknowledges that it may use the Services in conjunction with other Safaricom products and services and accepts it will comply with the terms and conditions of such other Safaricom products and services while utilising the same in addition to the terms and conditions set out in this Agreement.

4 SUPPLY OF THE SERVICES

A. Domain Name Registration

The Customer acknowledges and agrees that Safaricom:

  1. does not guarantee the availability, registration or renewal of a desired domain name, even if an inquiry indicates the availability of the domain name;

  2. may elect, at its discretion, to accept or reject the Customer’s application for registration or renewal of a domain name for any reason including, but not limited to, rejection due to a request for the registration or renewal of a prohibited domain name;

  3. is not liable or responsible in any way for any errors, omissions or any other actions by any Registry administrator arising out of or related to the Customer’s application for and registration or renewal of, or failure to register or renew a particular domain name.

B   Warranties by the Customer

(i)  Domain Name

By applying to register a domain name the Customer hereby represents and warrants that:

  1. the statements made by the Customer in connection with the application for registration, maintenance, or renewal are complete and accurate;

  2. to the Customer’s knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;

  3. the Customer is not registering the domain name for an unlawful purpose; and will not knowingly use the domain name in violation of any applicable laws or regulations. In making this warranty the Customer acknowledges that it recognises that it is its responsibility to determine whether its domain name registration infringes or violates a third party’s rights.  

 (ii)   Web Hosting 

The Customer acknowledges that Safaricom does not operate or exercise control over, and accepts no responsibility for the Content.  The Customer accepts that it shall be solely responsible for the accuracy, legality and compliance of the Content with the relevant laws and this Agreement.  The Customer further warrants that it has obtained all necessary consents, approvals and licences for the use of any third party Content.  

C. Use of the Services

  1. Where the Customer intends to use the Services for the provision of services for which a licence is required, it shall be the responsibility of the Customer to secure such licence from the relevant regulator(s) Safaricom may withhold the provision of the service until the Customer obtains such a licence.

  2. The Customer shall not utilise and shall ensure that no other person utilising the Customer’s access to the Services uses the Services:

    1. for storing, reproducing, transmitting, communicating or receiving any Offending Material; or

    2. for fraud or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or

    3. to cause annoyance, inconvenience or needless anxiety to any person; or

    4. contrary to any other instructions and/or acceptable use policy that may be communicated by Safaricom to the Customer from time to time.

D.  Licence 

 The Customer grants to Safaricom, for the duration of this Agreement, a nonexclusive, non-transferable licence to host the Content. 

E. No Warranties, Availability and Supply of the Services

Although Safaricom will take all reasonable steps to ensure that the Services are available to the Customer 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) Force Majeure planned maintenance or rectification work on the Network, the transmission link(s), or the Customers Equipment may interfere adversely with the quality and provision of the Services. Safaricom does not warrant that the Service or any equipment provided by it will meet your needs, perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, errorfree, or secure, or free of viruses, worms, disabling code or conditions, or the like.  It is agreed that the Customer's inability to use the Services or Content by reason of failure of any Customer Equipment shall not relieve it from payment of any of the Charges due under this Agreement.  

5  TARIFFS AND TAXES

  1. Charges applicable for the Services are set out in the Tariff Guide. 

  2. All Tariffs and charges payable under this Agreement are exclusive of Value Added Tax and all other applicable taxes which shall be calculated at the prevailing rate on the invoice date. 

  3. If the Customer reasonably disputes any of the Charges on any invoice it must pay the undisputed portion of the invoice and submit notice in writing of the claim for the disputed amount.  

6  PAYMENT TERMS

  1. The Service is offered on a PrePay basis and unless otherwise specified by Safaricom the Charges shall be payable by the Customer annually in advance and once paid will not be refundable to the Customer for any reason including upon a rejection by the Registry of the registration or renewal of a domain name.   

  2. Payments will be issued by the Customer within a period of fifteen (15) days from the due date as set out in the E-Bill.  If payment has not been received by Safaricom within this period, then Safaricom may at its discretion terminate the Agreement or suspend the Customer’s access to the Services until payment is received in full.  

  3.  “E-Bill” for the purposes of this clause 6.2 means Safaricom’s electronic billing facilities providing the Customer with access to billing data current or historical either via email or online through a prescribed Safaricom portal;  

7 INDEMNITY

Notwithstanding any other provisions of this Agreement, the Customer agrees to defend, indemnify and hold harmless Safaricom at all times against all actions, proceedings, costs (including reasonable legal fees), claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation and infringement of intellectual property rights which Safaricom may sustain, incur, suffer or pay arising out of or in connection with the use of the Services or any act or omission thereof.

8 LIMITATION AND EXCLUSION OF LIABILITY

  1. Safaricom’s liability in contract, tort or otherwise (including liability for negligence) under or in connection with this Agreement is limited to Kshs one hundred thousand (Kshs 100,000).  This limitation of liability is cumulative and not per incident.  

  2. The Customer agrees that the following exclusions of liability are reasonable. Safaricom, its officers, employees, sub-contractors agents and partners will not be liable to the Customer or any party for:

    1. any direct, indirect, anticipated savings, goodwill, consequential, incidental or special loss, corruption or loss of data, injury, loss of life, destruction of property or damage to Customer Site or adjacent property 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 the Customer incurring the same;

    2. any losses arising in connection with (i) Force Majeure events or other circumstances outside our control or outside our knowledge (ii) any unforeseeable acts or omissions or negligent acts on the part of Safaricom’s service providers, suppliers, contractors, agents or employees;

    3. the loss, late receipt or non-readability of any download, transmission, or other communications or loss of data, data privacy or security transmission;

    4. for any damage to the Customer Equipment or loss of data following the use of the Services. .The Customer shall be required to take reasonable precautions while using the Services and the Customer shall in addition be required to adopt such appropriate security measures against unauthorised access to and interference with the Customer Equipment, associated software or equipment, hardware and data (including back up) as the Customer deem necessary; and

    5. any charges or losses incurred as a result of or unauthorised use of the Services including following a theft of the same. 

  3. Except as provided in this Agreement, Safaricom provides no warranties, conditions or guarantees as to the description or quality of the Services 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.

  4. Safaricom makes no representations or warranties of any kind whatsoever that the registration or use of a domain name under this agreement will immunize the Customer either from challenges to the domain name registration, or from suspension, cancellation or transfer of the domain name registered to the Customer.

9.  FAULT REPORTING AND REPAIR 

  1. If the Customer reports a fault in the Services, Safaricom will repair the fault as soon as reasonably possible. 

  2. If work of any kind done by Safaricom in response to a complaint made by the Customer of a fault in the Service reveals no such fault, or the fault is found not to be in the Service, or the fault is as a result of the Customer’s Equipment or otherwise caused by the Customer’s default or failure to comply with such operational instructions as have been issued by Safaricom, Safaricom shall be entitled to require the Customer to pay a charge for the work done by Safaricom or its authorised contractor and/or refund any money expended by Safaricom in this regard. 

10. TERMINATION AND SUSPENSION

  1. Safaricom may in its sole discretion suspend the Services or terminate this Agreement without liability to compensate the Customer 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. 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;

    3. Safaricom reasonably suspects or believes that the Customer is in breach of the terms and conditions of this Agreement or any other terms and conditions referred to herein;

    4. Safaricom has good reason for believing that any information given by the Customer to Safaricom is false or misleading;

    5. Such termination is necessary following withdrawal of the domain name by the Registry;

    6. A suspension is necessary to facilitate modifications to, or allow for planned maintenance of the Network provided that Customer is given reasonable notice of such suspension;

    7. The Customer has not paid the Charges by the due date as provided in clause 6.2. 

  2. The Customer shall reimburse Safaricom for all reasonable costs and expenses incurred as a result of the suspension, termination or variation of the Services where the suspension, termination or variation is implemented by Safaricom as a result of any act or omission by the Customer.

  3. The Customer will be liable for all periodic charges during any period of suspension where such suspension is occasioned by an act or omission of the Customer.

11.  CONSEQUENCES OF TERMINATION

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.

12  VARIATION OF THE AGREEMENT

  1.    Safaricom may change this Agreement at any time in order to:

    1. Comply with any legal or statutory obligation including, but not limited to, any requirements from time to time under the Kenya Information and Communication Act 2008 as amended from time to time and any additional, successor or replacement legislation relating to the telecommunications industry in Kenya; or

    2. Comply with the conditions of the Licence issued to Safaricom by the Communications Commission of Kenya; or

    3. Comply with any final order, provisional order, direction, notice, specification, designation or consent made by the Communications Commission of Kenya relating to the Service; or

    4. Change the Charges payable under this Agreement;

    5. Introduce new Service features;

    6. Withdraw Service features; or

    7. Maintain the integrity or security of the Service or the Network; or

    8. Introduce process changes, provided they are not to the Customer’s material detriment; or improve clarity, or make corrections to typographical errors; or 

  2. In addition to Safaricom’s right to change this Agreement under clause 11.1 above, Safaricom may also change this Agreement at any time with the agreement of the Customer. Safaricom will give the Customer written notice of the changes and publish details of any change on the Safaricom Website at least 28 days before the change is to take effect. The Customer shall, within 28 days of the service of Safaricom’s notice (or such other period as may be set out in Safaricom’s notice) of the changes, communicate its acceptance or rejection of the proposed changes.

13. USE OF PERSONAL DATA

Safaricom may retain the data submitted by the Customer on the Application Form or which might otherwise be derived during the term of the Agreement from the Customer’s use of the Services and the Customer accepts that Safaricom may use the same for the following reasons: 

  1. Fraud prevention and law enforcement;

  2. For reasonable commercial purposes connected to your use of the Service, such as marketing and research related activities;

  3. To comply with any legal, governmental or regulatory requirement;

  4. For use by our lawyers in connection with any legal proceedings;

  5. In business practices including but not limited to quality control, training and ensuring effective systems operation.

14.   NOTICES AND NO WAIVER

Any notices in regard to any information that we may wish to send to you from time to time including but not limited to variations to these, modifications/variations to the Services or Tariffs, any promotions and other information will be through advertisement in a daily newspaper or on the Safaricom website safaricom.co.ke. The Customer will be deemed to have been bound by such variation by continuing to use the Services.

  1. Any notices for purposes of legal proceedings will be served:

  2. In the case of the Customer: at the Customer’s last known billing address.

  3. In the case of Safaricom: by hand delivery to Safaricom House, Waiyaki Way, Nairobi and marked for the attention of the Head of Legal & Regulatory Affairs.

  4. Such notices will be deemed to have been received 5 business days after mailing if forwarded by post and the following business day if hand-delivered or dispatched by e-mail. “Business day” for the purposes of this clause 13 means Monday to Friday between the hours of 0900 and 1700, excluding public holidays.
  5. 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.

 

15. ARBITRATION

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 amicably resolved settled between the Parties within a period of thirty (30) days (or such longer period as may be agreed upon between the parties) shall be referred to arbitration.

  1. Arbitration shall be 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.

  2. 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.

  3. 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.

16.  GOVERNING LAW

The construction, validity and performance of this Agreement shall be governed in all respects by the Laws of Kenya.

 

Safaricom’s Telepresence Services

Terms and Conditions for Safaricom’s Telepresence Services

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Telepresence as a service offers a live, face to face experience that enables people in different offices or geographical locations locally and globally to meet virtually over the internet.  Safaricom’s telepresence service is offered subject to these terms and conditions.

1. Definitions

In these Terms and Conditions:

  1. “Booking Request” means the request sent by you to Safaricom by e-mail, or any other means as may be prescribed by Safaricom from time to time, requesting for a Reservation.  The Booking Request must contain all the details set out in paragraph 3 below.

  2. “Cancellation” means cancellation of the Reservation in the manner set out in paragraph 8.  The term “Cancel” shall be construed accordingly.

  3. “Charges” means the charges payable by you to Safaricom for use of the Service as described in paragraph 5.

  4. “Customer” means you, the person submitting a Booking Request, and the terms “you” and “your” refer to the Customer.

  5. “End Time” means the later of the time at which the Meeting is scheduled to end as indicated on the Reservation or in the event any extension of the Reservation has been granted in accordance with paragraph 7 the time at which the Meeting actually ends.

  6. “Meeting” means the use or activation of the Service by interconnection of two or more Rooms indicated on the Reservation.

  7. “Meeting Identification Number” means the unique Meeting identification number assigned by Safaricom to you and indicated on the Reservation.

  8. “Meeting Time” means the period between the Start Time to End Time of a Meeting.

  9. “Reservation” means Safaricom’s confirmation of the Booking Request indicating the date and time during which the Meeting will be held and the Meeting Identification number.

  10. “Rooms” means a Safaricom telepresence room and any other room available on Safaricom’s Service network in which you wish to hold the Meeting.

  11. “Safaricom” means Safaricom Limited and the terms “we”, “ours” “us” refers to Safaricom.

  12. “Start Time” means the time at which the Meeting is scheduled to begin as indicated on the Reservation.

  13. “Terms and Conditions” means these terms and conditions and any variations or amendments of these terms and conditions.

  14. “USD” means United States Dollars, the lawful currency of the United States of America.

  15. “Working Hours”  means 8.00 am to 5.00 p.m Monday to Friday excluding public holidays.

 2. Eligibility for the Service

The Service is offered to all persons subject to these Terms and Conditions. 

3. Submitting a Booking Request

  • You can submit a Booking Request by sending email request to telepresence@safaricom.co.ke or any other e-mail address or manner as may be communicated by Safaricom from time to time. The Booking Request should contain the following information: 

    1. your name;

    2. the name of your contact person and their contact details;

    3. the date and time during which you wish to hold the Meeting;

    4. number of persons who will attend the Meeting. The Room can accommodate six (6) participants in the Meeting ;

    5. Rooms where you would like to hold the Meeting

  • Safaricom reserves the right not to process a Booking Request which does not contain all the information indicated in paragraph 3(i) to 3(v) above.

4. Confirmation of the Booking Request

  1. Once you have provided all the information listed in paragraph 3(i) to 3(v) above, Safaricom will send to you a Reservation by e-mail within six Working Hours of receiving the Booking Request.

  2. The Booking Request will be deemed to have been confirmed only upon sending of the Reservation to you. It is your responsibility to contact Safaricom if you have not received the Reservation within 12 hours of sending the Booking Request.

5. Charges & Payment for the Service

  1. The Service will be billed on an hourly basis. All Meeting Times that end on fractions of an hour will be rounded up to the next whole hour.  The Charges will be in USD and will be indicated on the Reservation.   If you wish to pay for the Reservation in Kenya Shillings, the conversion from USD to Kenya Shillings will be based on a rate to be determined by Safaricom and communicated to you upon request.  You are responsible for checking the applicable Charges before submitting a Booking Request.

  2. You will be required to pay the Charges with your Booking Request except where Safaricom has expressly extended credit terms to you. If you are a Safaricom PostPay subscriber, you will still be required to obtain approval from Safaricom for payment of Charges through your Safaricom Postpay account.  Safaricom may grant such approval on such terms and conditions as Safaricom deems fit and Safaricom may reject such an application.

  3. Safaricom reserves the right to cancel your Reservation if you do not make payment of the Charges while requesting for reservation

6.  Activation of the Meeting 

The Meeting will be activated automatically at the Start Time and will automatically terminate at the End Time.  

7. Extension of Reservation

If you require an extension of the Meeting Time you must inform Safaricom at least half hour before the scheduled End Time and you must provide the following information

  1. Meeting Identification Number

  2. Extension required

The extension will be subject to availability of the Rooms and you agree to pay Charges for such extension.

8. Cancellation & No Shows

  1. You may cancel a Reservation by sending an e-mail to telepresence@safaricom.co.ke. The e-mail must contain the Meeting Identification Number and must clearly state that you wish to cancel the Reservation.  You will receive an e-mail notification confirming that the Reservation has been cancelled.

  2. Upon Cancellation, the other Room will automatically be cancelled. In case of a Cancellation affecting more than two (2) Rooms the other Rooms will be sent a notification of your Cancellation of the Reservation and will be given the option to cancel through normal Cancellation process or to continue with the Meeting.

  3. Upon Cancellation:

    1. If you Cancel the Reservation at least seventy two (72) hours in advance of the Meeting Time you will not be liable to pay the Charges;

    2. If you cancel the reservation less than 72 hours to the Meeting Time but more than 48 hours to the Meeting Time you will be liable to pay 75% of the Charges.

    3. For the avoidance of doubt, the Cancellation fee will apply to cancellation of Reservations made less than 72 hours to the Meeting Time;

    4. If you Cancel the reservation  less than 48 working to the Meeting Time you will be liable to pay full Charges for the Reservation.  The Cancellation Fee will apply to Reservations made less than 48 hours to the Meeting Time;

  • If you fail to show up for the Meeting you will still be liable to pay the full Charges (PostPay Customers) and for PrePay customers no refund will be given.

9. Warranties & Representations

  1. The Service is offered “as is where is” and is offered in conjunction with third party Service providers.

  2. Except as expressly provided in these terms and conditions Safaricom does not make any warranties or representations of any kind, either express or implied as to the nature and quality of the Service. Safaricom has not authorised its employees, agents, representatives to make a warranty of any kind on Safaricom’s behalf and you should not rely on any such statement.

  3. Safaricom makes no warranty or representation that the Service will be uninterrupted or error free or that it will meet your expectations. Safaricom cannot guarantee a continuous fault free Service. The quality and availability of the Service may be affected by factors including (but not limited to) force majeure, unplanned Services outages, internet downtime, vandalism of telecommunication infrastructure and interruptions in or failure of third party systems.  

10. Exclusion and Limitation of Liability

  1. Safaricom accepts no liability whatsoever to you for failure or delay in processing the Booking Request.

  2. Safaricom’s total liability to you for failure to provide the Services upon sending a Reservation to you and Safaricom’s total liability to you for any defect howsoever arising in the provision of the Services including but not limited to outages, downtime, interruption, interference shall be limited to the refund of Charges as set out in the matrix in paragraph 10(e) below and you hereby agrees that such refund of Charges shall be your sole remedy for Safaricom’s failure or delay in providing the Services. For the avoidance of doubt Safaricom shall not be liable to you for any indirect, incidental, special or consequential damages (including but not limited to loss of profit, loss of reputation, loss of income or loss of business opportunity) arising from use of the Service or arising from Safaricom’s failure to provide the Service or from any defect in the Service.  

  3. Safaricom shall have no liability to you for acts or omissions of third parties including but not limited to third parties involved in the provision of the Services or for faults or failures arising from third party systems.

  4. Safaricom accepts no liability for losses arising from theft or misappropriation of the Meeting Identity Number. You shall be solely responsible for the security of your Meeting Identity Number and you will be liable for the Charges in the event that a person other than you uses the Reservation. 

  5. In the event that there is a service outage during the Meeting, the Customer shall immediately notify Safaricom and Safaricom shall make best efforts to remedy the issue and shall, if possible, grant an extension of the Reservation. If not, then Safaricom shall refund to the Customer the Charges as follows:   

Incident

Refund Limit

 

1. Room Outage

 

More than 5 minutes & less than 15 minutes

15 Minutes credit for each Room that was down

 More than 15 Minutes & less than 30

Minutes

30 Minutes credit for each Room that was down

More than 30 Minutes

1 Hour credit for each Room that was down 

2. Call Drops

 

From 3 to 5 call drops in 1 hour meeting

15 Minutes for each Room that experienced call drops

More than 5 call drops in 1 hour meeting

1 Hour credit for each Room that was down

3. Late start because of either of the following reasons:

Technical problem, Over-run of pervious meeting

15 Minutes of credits for all Rooms in the meeting

4. Miscellaneous Technical Issues such as:

Projector malfunction

Max of 15 Minutes credit to be determined on case by case basis in consultation with Safaricom

 11. Use of Your Information

Safaricom may send  information to you about our products and services from time to time.  We may also share the information with third parties for purposes of processing your Booking Request.  Safaricom may also use your details for purposes of fraud prevention and law enforcement; reasonable commercial purposes connected to your use of the Service, such as marketing and research related activities; to comply with any legal, governmental or regulatory requirement; in connection with any legal proceedings related to the Service and to which Safaricom is a Party; for business practices including but not limited to quality control, training and ensuring effective systems operation.

12. General Terms

  1. Safaricom may deny or limit your use of the Services for any lawful reason. Safaricom reserves the right to block, without notice, and without liability any service that Safaricom believes has been used or might be used for fraudulent or illegal purposes.  

  2. Safaricom may cancel or suspend the service for purpose of repair, upgrades, commercial purposes result of failure in systems of third party service providers. In such event you will have the option to reschedule or receive a full refund of Charges.   

13. Governing Law

The construction, validity and performance of these Terms and Conditions and the provision of the Services shall be governed in all respects by the Laws of Kenya.

14. Entire Agreement

  1. These Terms and Conditions constitute the entire agreement between Safaricom and the Customer and supersede any prior agreements, understandings, proposals, and representations whether written or oral.

  2. Safaricom may amend these terms and conditions from time to time but such amendment shall not affect Reservations in place as at date of such amendment.

  3. No written or oral statement, advertisement or service description not expressly contained in these terms and conditions will be allowed to contradict, explain or supplement it.  

THE SAFARICOM FIXED DATA SERVICES

TERMS AND CONDITIONS OF THE SAFARICOM FIXED DATA SERVICES

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1. DEFINITIONS AND INTERPRETATION

1.1 In this agreement:

  1. "Agreement" or “Terms and Conditions” means these terms and conditions and includes the Application Form, the Service Level Agreement and the Tariff Guide, which may be varied by Safaricom from time to time;

  2. “Application Form" means the Customer’s request in writing for the Services as set out in the form overleaf;

  3. "Charges" means the amounts payable for the Services as published in the Tariff Guide or otherwise described in these Terms and Conditions including any applicable deposits but excluding any applicable interest on late payments;

  4. "Connection" means the activation of the Services following the successful installation and integration of the Customer Premises Equipment to the Network and the term “Connected” shall have a similar meaning;

  5. “Content” means voice, sounds, information, communications, data or any other material transmitted or communicated through the Services;

  6. “Customer” means you as the subscriber applying for, or using the Services and with whom Safaricom is making this contract and includes any person who Safaricom believes is acting with the Customer’s authority. The term “you” shall have a similar meaning;

  7. “Customer Equipment” means such of the Customer’s equipment including but not limited to routers to be connected to the Customer Premises Equipment in order to access the Services;

  8. “Customer Premises Equipment” means the compatible systems and infrastructure (including any software) supplied by Safaricom and that is necessary for the Customer to access the Services through the Network;

  9. “Customer Site” means the place(s), communicated by the Customer to Safaricom in writing, at which the Customer Premises Equipment is to be installed and the Services deployed;

  10. “E-Bill” means Safaricom’s electronic billing facilities providing the Customer with access to billing data current or historical either via email or online through a prescribed Safaricom portal;

  11. “Force Majeure” means acts of God, geographical topography, power outages, weather conditions, the refusal or delay by a third party to supply the Services to Safaricom, the imposition of restrictions of a legal or regulatory nature which prevent Safaricom from supplying the Services, an event which could not reasonably have been avoided by a diligent party in the circumstances, which is beyond the reasonable control of a party and which makes a party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, confiscation or any other action by government agencies.  Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder;

  12. "Installation Charge" means a charge for installation of the Customer Premises Equipment (where applicable) and Connection to the Network as published in the Tariff Guide;

  13. “Monthly Access Charge” the charges set out in the Tariff Guide for the maintenance of the connection;

  14. "Network" means the network operated by Safaricom, its subsidiary(ies), holding company and/or its third party providers to facilitate the provision of the Services;

  15. “Offending Material” means any Content that is:

    1. in breach of any law, regulation or code of practice invoked by Safaricom or industry regulator or any policy adopted by Safaricom and communicated to the Customer with regard to the acceptable use of the Services, or

    2. abusive, indecent, defamatory, obscene, offensive, menacing or a threat to the health and safety of any third party; or

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

  16. “Parties” means Safaricom and the Customer;

  17. “Services” means the fixed data services to be provided by Safaricom as identified on the Application Form;

  18. “Service Level Agreement” means the document published by Safaricom from time to time and that is deemed to have been incorporated in these Terms and Conditions setting out the uptime, maintenance and incident management services to be provided by Safaricom to the Customer following the Connection of the Services;

  19. “Standard Tests” means the tests carried out by Safaricom or its appointed sub-contractors to determine whether the Services are Connected;

  20. “Tariff Guide” means the list of charges for the Services as published and varied by Safaricom from time to time.

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

  1. the singular includes the plural and vice versa;

  2. a person includes reference to a body corporate or other legal entity;

  3. any written law includes that law as amended or re-enacted from time to time;

  4. any agreement or other document includes that agreement or other document as varied or replaced by the Parties in writing from time to time;

  5. words importing one gender shall be construed as importing the other gender; and

  6. any Party includes that Party’s successors and assigns.

1.3  Clause headings are inserted for convenience only and shall be ignored in construing this Agreement.

2. COMMENCEMENT AND DURATION 

2.1 Commencement Date- Clause applies to both PrePay and PostPay Customers

This Agreement shall be deemed to have commenced on the date the Customer is Connected by Safaricom (“Commencement Date”).

2.2  Duration 

(a) PrePay Customers 

The Agreement shall continue from the Commencement Date until terminated by the Customer or Safaricom pursuant to the Agreement. 

(b) PostPay Customers

The Agreement shall continue from the Commencement Date and, subject to the rights of earlier termination, shall continue for the initial period of twelve (12) months (“Initial Term”). Thereafter, unless the Customer notifies Safaricom of its intention not to renew the Agreement at least sixty (60) days prior to the expiry of the Initial Term and each subsequent anniversary, the Agreement shall automatically be renewed for subsequent periods of twelve (12) months. 

3. APPLICATION OF TERMS AND ORDER FOR NEW SERVICES

3.1 Application of Terms 

  1. By submitting a completed Application Form to Safaricom you confirm that you have read, understood and accepted the terms and conditions of this Agreement.

  2. The terms and conditions set out in this Agreement are the only terms on which Safaricom is prepared to deal with the Customer in relation to the provision of the Services.

  3. No terms or conditions endorsed upon, delivered with or contained in the Customer’s quotation, acknowledgement, purchase order or other Customer documents will form a part of this Agreement and the Customer waives any right which it otherwise might have to rely on such terms and conditions.

  4. The Customer acknowledges that it may use the Services in conjunction with other Safaricom products and services and accepts it will comply with the terms and conditions of such other Safaricom products and services while utilising the same in addition to the terms and conditions set out in this Agreement.

3.2 Orders for New Services

 The initial Services to be provided by Safaricom to the Customer are as set out in the Application Form, in the event that Safaricom offers new services that come within the definition of “fixed data services” and the Customer requires to utilise such new Services then:

  1. The Customer may place orders with Safaricom for such new Services as and when required by submitting a written request to Safaricom or complete such order form as may be made available by Safaricom at that time.

  2. Safaricom may elect to accept the order but shall be under no obligation to do so. If Safaricom elects to accept such an order it shall do so by notice in writing. 

  3. All orders for the new Services placed by the Customer and accepted by Safaricom shall be governed by the terms of this Agreement and any additional terms and conditions for that service which shall be set out in a new Schedule to this Agreement and accepted by the Customer on submission of a purchase order for the deployment and delivery of that new Service by the Customer. 

 4. SUPPLY OF THE SERVICES

4.1  Installation of Customer Premises Equipment

  1. The Customer shall, at its own expense and in order to facilitate the installation and use of the Customer Premises Equipment:
    1. obtain all necessary consents, way leaves, rights of way, including consents for any necessary alterations to buildings where the Customer Sites are located;
    2. provide a suitable environment, accommodation, and foundations, including all necessary trunking, conduits and cable trays in accordance with the relevant installation standards;
    3. take up or remove, any fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition covers, as Safaricom advises are necessary, and carry out afterwards any making good or decorator's work required;
    4. provide any electricity and connection points required by Safaricom; and
    5. carry out all other preliminary works including having in place such Equipment, of such specifications as are communicated to the Customer by Safaricom in writing and that is required to be in place prior to any installation of the Customer Premises Equipment and Connection to the Network.
  1. Safaricom shall make reasonable endeavours to meet the installation date as set out in the Service Level Agreement. Safaricom will however not be liable to the Customer for any consequences of delay or be liable for any damages, costs or expenses whatsoever, which the Customer may incur or suffer as a result of a delay in the completion of the installation.
  2. To enable Safaricom to carry out its obligations under this Agreement or to recover any Customer Premises Equipment from the Sites, the Customer shall provide Safaricom employees and anyone acting on Safaricom's behalf, who produces a valid identity card, with access to any Customer Site. Safaricom will normally only require access during the Customer’s normal working hours but may, on reasonable notice, require the Customer to provide access at other times.
  3. Safaricom employees and anyone acting on Safaricom's behalf will observe the Customer’s reasonable site access regulations as previously advised in writing to Safaricom.
  4. Safaricom shall use reasonable endeavours to meet any agreed delivery dates for the supply of the Customer Premises Equipment and related accessories to the Customer, 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 the Customer as a consequence of such delay.
  5. Safaricom may without the consent of the Customer employ the services of a sub-contractor to install the Customer Premises Equipment and undertake any works thereto.
  6. Following installation of the Customer Premises Equipment, Standard Tests shall be carried out by Safaricom or its authorised sub-contractor to ensure that the Services are ready for use. If the Services are not ready for use, Safaricom shall investigate the cause of the failure and shall either repair or replace at its option, the Customer Premises Equipment or any part thereof and repeat the Standard Tests.  Once the Standard Tests have been successfully completed then the Customer will be Connected. 

 

4.2  Care of Equipment

  1. The Customer is responsible for the care and safety of the Customer Premises Equipment and 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 authorised Safaricom representative) to do so.

  2. 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 in writing or any third party equipment provider from time to time.

  3. 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.

  4. The Customer recognises that no right, title or interest in the software contained in the Customer Premises Equipment vests in the Customer.

  5. Safaricom accepts no liability for any loss suffered by the Customer or any third party as a result of the Customer’s misuse of the Customer Premises Equipment or for any accidental damage. For the avoidance of doubt the provisions of clause 7 will apply to the sale and supply of Customer Premises Equipment by Safaricom other than the fact that Safaricom’s total liability in respect of any Customer Premises Equipment shall be limited to the value of the Customer Premises Equipment. 

4.3  Use of the Services

  1. Where the Customer intends to use the Services for the provision of services for which a licence is required, it shall be the responsibility of the Customer to secure such licence from the relevant regulator(s) Safaricom may withhold the provision of the service until the Customer obtains such a licence.

  2. The Customer shall not utilise and shall ensure that no other person utilising the Customer’s access to the Services uses the Services:

    1. for storing, reproducing, transmitting, communicating or receiving any Offending Material; or

    2. for fraud or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or

    3. to cause annoyance, inconvenience or needless anxiety to any person; or

    4. contrary to any other instructions that may be communicated by Safaricom to the Customer from time to time.

4.4  No Warranties, Availability and Supply of the Services

Although Safaricom will take all reasonable steps to ensure that the Services are available to the Customer 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) Force Majeure planned maintenance or rectification work on the Network, the transmission link(s), or the Customers Equipment may interfere adversely with the quality and provision of the Services. Safaricom does not warrant that the Service or any Customer Premises Equipment or any other equipment provided by it will meet your needs, perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, or secure, or free of viruses, worms, disabling code or conditions, or the like.  It is agreed that the Customer's inability to use the Services or Content by reason of failure of any Customer Equipment shall not relieve it from payment of any of the Charges due under this Agreement.  

4.5  Suspension or Variation of the Services

4.5.1 Safaricom may in its sole discretion suspend or vary the Services without liability to compensate the Customer (save as may be provided in the Service Level Agreement) 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. Safaricom reasonably suspects or believes that the Customer is in breach of the terms and conditions of this Agreement or any other terms and conditions referred to herein;

  3. Such a suspension or variation is necessary to facilitate modifications to, or allow for planned maintenance of the Network provided that Customer is given reasonable notice of such suspension, termination or variation; and

  4. The Customer has not paid the Charges by the due date as provided in clause 6.2.

4.5.2 The Customer shall reimburse Safaricom for all reasonable costs and expenses incurred as a result of the suspension, termination or variation of the Services where the suspension, termination or variation is implemented by Safaricom as a result of any act or omission by the Customer.

4.5.3 The Customer will be liable for all periodic charges during any period of suspension where such suspension is occasioned by an act or omission of the Customer. 

5. TARIFFS AND TAXES

5.1  Charges applicable for the Services are set out in the Tariff Guide. 

5.2 All Tariffs and charges payable under this Agreement are exclusive of Value Added Tax and all other applicable taxes which shall be calculated at the prevailing rate on the invoice date. 

5.3 The Charges are subject to a survey of the Customer Site by Safaricom prior to Connection of the Services.  Where following such survey and in order to meet the Customer’s requirements Safaricom reasonably considers it necessary in the circumstances to provide the Services, wholly or in part, utilising non-standard Customer Premises Equipment or the utilisation of more expensive installation methods or employment of additional labour or expense than it normally incurs then Safaricom may in addition to the Charges determine a supplementary charge to be payable in relation to the relevant Service.  

5.3 If the Customer reasonably disputes any of the Charges on any invoice it must pay the undisputed portion of the invoice and submit notice in writing of the claim for the disputed amount. 

6.  PAYMENT TERMS

6.1 Unless otherwise specified by Safaricom:

  1. Any applicable Installation Charges shall be payable upon acceptance of the Customer’s application and subsequent connection to the Network.

  2. Other Charges applicable to the Services set out or referred to in our Tariff Guide (other than monthly access charges (if any)) shall be invoiced monthly in arrears.

6.2 Safaricom will issue monthly invoices to the Customer:

  1. At the billing address specified in the Application Form, or at such other address as may be notified to Safaricom from time to time; or

  2. by via E-Bill- this option will automatically apply to PrePay subscribers.

6.3 Save for the Charges payable in advance prior to Connection all payments will be made by the Customer within a period of fifteen (15) days from receipt of Safaricom’s invoice.  If payment has not been received by Safaricom within this period, then Safaricom may:

  1. Suspend the Customer’s access to the Services until receipt of payment in full; and/or;

  2. in the case of PostPay Customers:

    1. charge interest on the unpaid amount at a rate of 2% above the base rate of Barclays Bank of Kenya Limited from time to time (or, if lower, such other rate as may be required by law), accruing on a daily basis and being compounded quarterly until payment is actually received in full; and/or

    2. refer the debt to a collection agent and/or institute debt recovery proceedings for the recovery of the debt.

    3. The Customer will be liable for all pre and post judgment collection costs reasonably incurred in pursuing any debt collection claim against the Customer until payment is received in full.

  3. The Customer authorises Safaricom at any time, without notice to the Customer to obtain from and/or submit to credit referencing agencies information about the Customer’s credit profile.

  4. Save in the case of a demonstratable error all Charges shall be calculated in accordance with Safaricom records.

  5. Without prejudice to any other right or remedy, Safaricom reserves the right to set off any amount owing at any time from the Customer to Safaricom against any amount payable by Safaricom to the Customer under this Agreement.

7.  LIMITATION AND EXCLUSION OF LIABILITY

7.1 Safaricom’s liability in contract, tort or otherwise (including liability for negligence) under or in connection with this Agreement is limited to Kshs one hundred thousand (Kshs 100,000).  This limitation of liability is cumulative and not per incident.  

7.2  The Customer agrees that the following exclusions of liability are reasonable.

7.1 Safaricom, its officers, employees, sub-contractors agents and partners will not be liable to the Customer or any party for:

  1. any direct, indirect, anticipated savings, goodwill, consequential, incidental or special loss, corruption or loss of data, injury, loss of life, destruction of property or damage to Customer Site or adjacent property 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 the Customer incurring the same;

  2. any losses arising in connection with (i) Force Majeure events or other circumstances outside our control or outside our knowledge or that of any nominated sub-contractors (ii) subject to clause 4.1(f) above, any unforeseeable acts or omissions or negligent acts on the part of Safaricom’s service providers, suppliers, contractors, agents or employees;

  3. the loss, late receipt or non-readability of any download, transmission, or other communications or loss of data, data privacy or security transmission;

  4. for any damage to the Customer Equipment or loss of data following the use of the Services. .The Customer acknowledges and accepts that Safaricom does not guarantee the security of the Services against unlawful access or use, the Customer shall therefore be required to take reasonable precautions while using the Services and the Customer shall in addition be required to adopt such appropriate security measures against unauthorised access to and interference with the Customer Equipment, associated software or equipment, hardware and data (including back up) as the Customer deem necessary; and

  5. any charges or losses incurred as a result of or unauthorised use of the Services including following a theft of the same.

    1. Except as provided in this Agreement, Safaricom provides no warranties, conditions or guarantees as to the description or quality of the Services 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.

    2. Notwithstanding any other provisions of this Agreement, the Customer confirms and undertakes to indemnify and keep indemnified Safaricom on demand for and against all proceedings, costs (including reasonable legal fees), claims, damages, expenses and liabilities of whatsoever nature howsoever suffered or incurred by Safaricom arising out of or by reason of any act or omission on the part of the Customer, the Customer’s employees, representatives or agents in the performance of the Customer’s obligations under this Agreement including but not limited to any breach or non-compliance with any terms of this Agreement or negligence.

8. FAULT REPORTING AND REPAIR 

8.1 If the Customer reports a fault in the Services, Safaricom will repair the fault within the timelines provided in the Service Level Agreement. 

8.2 If work of any kind done by Safaricom in response to a complaint made by the Customer of a fault in the Service reveals, no such fault, or the fault is found not to be in the Service, or the fault is as a result of the Customer’s Equipment or otherwise caused by the Customer’s default or failure to comply with such operational instructions as have been issued by Safaricom, Safaricom shall be entitled to require the Customer to pay a reasonable charge for the work done by Safaricom or its authorised contractor and/or refund any money expended by Safaricom in this regard. 

8.3 Safaricom reserves the right to vary the fault and repair procedure set out in the Service Level Agreement by giving written notice to the Customer as provided in clause 11 (Variation) of these terms and conditions.  

9.  TERMINATION BY CUSTOMER

9.1 PrePay Customers

Safaricom may terminate this Agreement and disconnect the Services by notice in writing to the Customer: 

  1. Where the Customer fails to pay any applicable Charges due to Safaricom;

  2. Where the Customer fails to comply with its obligations under this Agreement;

  3. For any reason Safaricom is unable to provide the Services.

Following such a termination the Customer will be liable to pay Safaricom the costs set out in clause 9.2.1.1(b) below where applicable.  

9.2    PostPay Customers

9.2.1  Termination by the Customer 

9.2.1.1 Termination for Convenience

The Customer may terminate this Agreement at any time upon giving sixty days notice in writing to Safaricom, such notice not to expire before the end of the Initial Period.  If the Customer wishes to terminate the Agreement prior to the expiry of the Initial Period then:

  1. Safaricom shall be entitled to invoice the Customer in relation to the Charges which would have been payable by the Customer for the balance of the Initial Period; and

  2. the Customer shall be liable to pay Safaricom:

    1. All Charges and other monies outstanding at the time of termination;

    2. The prorated value of the Customer Premises Equipment (where such equipment was supplied by Safaricom to the Customer at the commencement of this Agreement and where no initial payment was required from the Customer for the same) calculated as follows:

Number of months remaining on the Agreement divided by the Initial Period multiplied by the value of the Customer Premises Equipment as published  in the  Tariff   Guide at the commencement date of the Agreement.

  c. Safaricom shall be entitled to claim the above amounts from the Customer as a debt and Safaricom’s records will be conclusive proof of the amount due from the Customer.

9.2.2  Termination for Cause

 The Customer  may terminate this Agreement at any time by giving written notice immediately effective upon issue to Safaricom if:

  • Safaricom commits a breach of any of its obligations under this Agreement and such breach is not rectified within thirty (30) days from receipt of a written notice giving particulars of the breach;
  • Safaricom becomes bankrupt, or makes any arrangement with a creditor to go into liquidation or becomes subject to an administration order or a receiver is appointed over its assets.

Following such a termination the Customer will be liable to pay Safaricom the costs set out in clause 9.2.1.1(b) above where applicable.  

9.3 Termination by Safaricom

9.3.1  Termination for Convenience 

Safaricom may terminate the Agreement at its convenience by giving the Customer thirty (30) month’s notice in writing.

9.3.2 Termination for Cause

Safaricom may terminate this Agreement at any time by giving written notice immediately effective upon issue to the Customer if:

  1. Safaricom has reason to believe that the Services are being used for the transmission of Offending Material, in a manner prejudicial to Safaricom or for criminal activities or Safaricom has been instructed to cease providing the Service by any licensing or regulatory authority;

  2. The Customer Equipment is found to emit signals, which may interfere with the quality of the Services or the Network;

  3. The Customer fails to pay the full amount of charges stated in the billing statement by the due date;

  4. In Safaricom’s opinion the Customer fails at anytime to meet the standard credit requirement that Safaricom may deem necessary from time to time;

  5. Safaricom has good reason for believing that any information given by the Customer to Safaricom is false or misleading;

  6. The Customer commits any breach of any of the provisions of this Agreement and such breach is not rectified within fourteen (14) days from receipt of a written notice giving particulars of the breach;

  7. The Customer 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;

  8. This Agreement is signed on a PostPay basis before Safaricom has completed its credit check on the Customer or any time thereafter and the Customer is found not to have met Safaricom’s credit requirements upon the conclusion of such a check;

  9. The licence under which Safaricom provides the Services is terminated or modified preventing Safaricom from providing the Services;

  10. Any wayleave, right of way or consent necessary for the Customer Premises Equipment to be connected to the Customer Site is withdrawn, withheld or terminated provided that the Customer shall be liable to indemnify Safaricom as provided herein if the withdrawal or termination is attributable to the Customer and in addition the provisions of clause 9.1 with regard to payment of monies due on termination shall apply.

10. CONSEQUENCES OF TERMINATION

10.1 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.

10.2 Safaricom shall use all reasonable endeavours to disconnect the Customer Premises Equipment from the Network immediately upon notice to do so.

11.  VARIATION OF THE AGREEMENT

11.1     Safaricom may change this Agreement at any time in order to:

  1. Comply with any legal or statutory obligation including, but not limited to, any requirements from time to time under the Kenya Information and Communication Act 2008 as amended from time to time and any additional, successor or replacement legislation relating to the telecommunications industry in Kenya; or

  2. Comply with the conditions of the Licence issued to Safaricom by the Communications Commission of Kenya; or

  3. Comply with any final order, provisional order, direction, notice, specification, designation or consent made by the Communications Commission of Kenya relating to the Service; or

  4. Change the Charges payable under this Agreement;

  5. Introduce new Service features;

  6. Withdraw Service features; or

  7. Introduce a new or improved Service Level Agreement; or

  8. Maintain the integrity or security of the Service or the Network; or

  9. Introduce process changes, provided they are not to the Customer’s material detriment; or improve clarity, or make corrections to typographical errors; or provided that any change introduced for the reasons set out in paragraphs (e) to (j)  inclusive, above, shall not materially affect the Service or the performance of the Service except insofar as it is reasonable to do so.  Safaricom will give the Customer notice of the changes at least 28 days before the changes are to take effect (save where immediate change is required following direction of the Communications Commission of Kenya or other competent government authority.

11.2 In addition to Safaricom’s right to change this Agreement under clause 11.1 above, Safaricom may also change this Agreement at any time with the agreement of the Customer.  Safaricom will give the Customer written notice of the changes and publish details of any change on the Safaricom Website at least 28 days before the change is to take effect. The Customer shall, within 28 days of the service of Safaricom’s notice (or such other period as may be set out in Safaricom’s notice) of the changes, communicate its acceptance or rejection of the proposed changes.

12. USE OF PERSONAL DATA

Safaricom may retain the data submitted by the Customer on the Application Form or which might otherwise be derived during the term of the Agreement from the Customer’s use of the Services and the Customer accepts that Safaricom may use the same for the following reasons: 

  1. Fraud prevention and law enforcement;

  2. For reasonable commercial purposes connected to your use of the Service, such as marketing and research related activities;

  3. To comply with any legal, governmental or regulatory requirement;

  4. For use by our lawyers in connection with any legal proceedings;

  5. In business practices including but not limited to quality control, training and ensuring effective systems operation.

13.  NOTICES AND NO WAIVER

  1. Any notices in regard to any information that we may wish to send to you from time to time including but not limited to variations to these, modifications/variations to the Services or Tariffs, any promotions and other information will be through advertisement in a daily newspaper or on the Safaricom website safaricom.co.ke. The Customer will be deemed to have been bound by such variation by continuing to use the Services.

  2. Any notices for purposes of legal proceedings will be served:

    1. In the case of the Customer: at the Customer’s last known billing address.

    2. In the case of Safaricom: by hand delivery to Safaricom House, Waiyaki Way, Nairobi and marked for the attention of the Head of Legal & Regulatory Affairs.Such notices will be deemed to have been received 5 business days after mailing if forwarded by post and the following business day if hand-delivered or dispatched by e-mail.   “Business day” for the purposes of this clause 13 means Monday to Friday between the hours of 0900 and 1700, excluding public holidays. 

  3. 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.

14.    ARBITRATION

  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 amicably resolved settled between the Parties within a period of thirty (30) days (or such longer period as may be agreed upon between the parties) shall be referred to arbitration.

  2. Arbitration shall be 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.

  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.

  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

The construction, validity and performance of this Agreement shall be governed in all respects by the Laws of Kenya.

THE SAFARICOM CHANUA BIZ 4.0 PROMOTION

 TERMS AND CONDITIONS FOR THE SAFARICOM CHANUA BIZ 4.0 PROMOTION

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The following terms and conditions apply to the Safaricom Chanua Biz 4.0 Promotion (the Promotion) and by taking part in the Promotion you will be deemed to have read, understood and accepted these terms and conditions.

 1 The Promotion

This Promotion seeks increase visibility of Safaricom’s retailers of airtime using the Dealer Sales Agent (DSA) channel, by on-boarding more DSAs on the Lipa Na M-Pesa (LNM) platform for airtime distribution.

2 . Eligibility

The Promotion is only open to registered Safaricom retailers, dealers and DSAs.

3. Promotion Period 

This Promotion will run for

  1. Dealers: thirty (30) days from 0000hrs on 24th November 2020 to 2359hrs on 24th December 2020

  2. Dealers Sales Agents (DSAs) and Retailers: ninety (90) days from 0000hrs on 24th November 2020 to 2359hrs on 22nd February 2021.

 

4. How to participate in the Promotion

4.1. Dealer Sales Agent 

  1. Dial *244*1# to register.

  2. You will have the option to register as a dealer sales agent.

  3. Proceed to enter your DSA till number.

  4. Proceed to enter dealer branch code.

  5. You will receive an SMS confirming successful registration to participate in the Promotion.

4.2. Retailer

  1. Dial *244*1# to register.

  2. You will have the option to register as a retailer.

  3. Select your channel type.

  4. Enter your Merchant Till Number (Enter 0 if no till).

  5. Enter your shop’s name and confirm the details.

  6. You will receive an SMS confirming successful registration to participate in the Promotion.

5. Reward Matrix

  1. Each transaction done by the retailer to the registered DSA till, generates points as indicated in the table below:

    Transaction Band in (KSH)  Dealer Reward DSA Reward Retailer Reward
    0-474 0 0 0
    475 - 949 2 3 20
    950 - 1424 2 5 50
    1425 - 2374 2 7 75
    2375 - 4749 2 9 100
    4750 - 7124 2 11 100
    7125 -9499 2 13 100
    Above 9500 2 15 100
  2. A retailer earns points on their registered MSISDN for only one transaction per day (the first transaction of the day).

  3. A dealer sales agent earns points on their registered MSISDN for transactions paid to whitelisted / registered tills. This will be the first transaction per retailer per day.

  4. Retailer or dealer sales agent redemption will be initiated by the whitelisted / registered MSISDN.

6. Prizes & Redemption

  1. Accumulated point will earn only airtime as indicated in the table above.

  2. Dealer redemption will be done automatically every Tuesday i.e. their accounts will be credited with the value of points accumulated during that week.

  3. Incentives are awarded from Lipa na M-Pesa every Tuesday, between 5:00am and 10:00pm.

  4. The credit value to be redeemed expires sixty (30) days after the last day of the Promotion.

7. Other terms and conditions 

  1. Eligible dealers will be required to facilitate their staff (DSAs) with tills to participate in this Promotion.

  2. DSAs who register a retailer will earn a recruitment/activation commission of Kshs. 20/- to be paid after at least 3 LNM transactions done by the registered retailer on different days. 

  3. Any dealer found to be engaging in any fraudulent activity in an attempt to gain points in the Promotion illegally will be subjected to disciplinary action by Safaricom.

  4. Points awarded for a transaction that is later reversed will be deducted from the total accumulated points.

  5. Safaricom reserves the right to vary or amend any feature of the Promotion or to amend these terms and conditions at any time. Such changes shall be advertised on Safaricom’s website safaricom.co.ke and may also be published in the local press.

THE USE OF MYSAFARICOM MOBILE APPLICATION

TERMS AND CONDITIONS FOR THE USE OF MYSAFARICOM MOBILE APPLICATION

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The following terms and conditions apply to the use of My Safaricom Mobile Application (“the App” )and by using the App you will be deemed to have read, understood and accepted these Terms and Conditions.

1. The App and Availability

  1. MySafaricom Mobile application is an application that enables Safaricom PrePay and PostPay subscribers to easily and conveniently access all the Services offered by Safaricom in one centralized location.

  2. The App is available for Safaricom PrePay and Postpay subscribers who utilize android and Apple iOS devices. 1.3 The App will be available for use from 25th April, 2016. (“Service Date")

     

2. How to Access the App

  1. Buy or be a user of an android or Apple iOS enabled handset or tablet.

  2. Download the App, by going to Google PlayStore or Safaricom Appstore and searching for ‘MySafaricom App’.

  3. Install the App on your handset or tablet. Data charges will apply for installation of the App.

  4. Once you have installed the App, launch the App by entering your MSISDN, email (which is optional) and clicking the Generate Personal Identification Number (PIN) option.

  5. Once you have launched the App, a text message will be sent to your handset or tablet with the One Time PIN (“OTP”). DO NOT SHARE THE OTP WITH ANY THIRD PARTY.

  6. If you have an Android enabled handset or tablet the OTP is auto read by your phone automatically and then you select the “Login” option

  7. If you have an iOS handset or tablet you will need to manually enter the OTP and then select the “Login” option

  8. Once you have logged in you will be requested to accept the Terms and Conditions and the App will launch the home page.

3. Features of the App

  1. The App offers the following services:

  2.  Account Information Summary; which includes top up services, balance enquires, Call Data Records (CDRs), Bonga, Skiza, Value Added Services (VAS), PUK, tariff, Know Your Customer (KYC) details, back up services, Okoa Jahazi

  3.  Data Services which includes buy bundles, share bundles, check bundle status, usage calculator, Frequently Asked Questions (FAQs) and Safaricom Cloud access.

  4.     Safaricom Products and Services which includes information on Safaricom promotions, products and tariffs

  5.  Social Network Support which includes a link to all Safaricom Call Centre social media platforms and other available alternative channels.

  6.  Payment Services which includes M-Pesa services, Mshwari, KCB Mpesa, KYC verifications, agent locations, pay bill numbers, set limits and notifications, reversal requests and a link to Safaricom online shop.

  7.  Customer Care information and services which includes information on raising and tracking tcikets, call centre contract, E-Gain chat, web self-care, feedback link, retail shop and care desk locations via map and text. 

 4. Other Terms and Conditions

  1. Should you require any assistance in accessing or using the App, kindly get in touch with the Safaricom customer careteam through the line 100 for prepaid customers and 200 for post-paid customers or, you can also reach us via e-mail on mobileoffice@safaricom.co.ke; twitter-@safaricomltd; and on Facebook at www.facebook.com/SafaricomLtd 

  2. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom PrePay and PostPay Service Terms and Conditions, Safaricom Prepay & Postpay Data Terms and Conditions and any other published terms and conditions that relate to any other Safaricom product/service that you may be using in conjunction with the App.

  3. Safaricom reserves the right to modify, vary, amend or withdraw this App and the Terms and Conditions. Such

  4. changes will be communicated through the media, Safaricom website or any other appropriate avenue as Safaricom may determine.

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

 

 

 

 

THE SAFARICOM NAWE KILA WAKATI-NDOTO ZETU CAMPAIGN

TERMS AND CONDITIONS FOR THE SAFARICOM NAWE KILA WAKATI-NDOTO ZETU CAMPAIGN

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The following are the terms and conditions for the  Safaricom Nawe Kila Wakati – Ndoto Zetu Campaign (“the Campaign”) and by participating in the Campaign you are deemed to have read, understood and accepted these terms:

1.THE CAMPAIGN

  1. The Campaign invites Kenyans to work with Safaricom to positively transform the communities they live in by sharing their dreams for the community. Safaricom will partner with the selected participant (individual or organisation) to enable them fulfil the dreams for their communities.

  2. There are five (5) categories that will be considered in this Campaign:

    1. Large dreams for the community of KShs. 1,000,000

    2. Medium dreams for the community of  KShs. 500,000 and below

    3. Medium dreams for the community of  KShs. 250,000 and below

    4. Small dreams for the community of  KShs. 150,000 and below

    5. Small dreams for the community of KShs. 50,000 and below

2.  ELIGIBILITY

  1. This Campaign is open to all Kenyans who are willing to abide by these terms and conditions and will fund community dreams whose value is in the range listed in 1 (b) above.

  2. Safaricom will not fund the following community dreams: large infrastructure projects, political projects, luxury projects, projects that take longer than three (3) months to implement. This list may be reviewed and amended further by Safaricom.

3.  CAMPAIGN PERIOD

 

  • Submissions by eligible participants will be received from 0000hrs on Friday21st May 2021 until 2359hrs June22nd, 2021(“Submission Period”).

 

 

  • Selected proposalsor projects will be funded for the period between22Julyto 21January2022.

 

4.  HOW TO PARTICIPATE IN THE CAMPAIGN

  1. Interested Kenyans will make written submissions to:

    1. http://safaricom.co.ke/ndotozetu (“the Site”) or

    2. fill in application forms collected from Safaricom retail shops countrywide.

  2. Safaricom will vet the submissions and will select the beneficiaries and their communities. Safaricom’s decision on the selection shall be final.

  3. The successful submissions will be used by Safaricom in content created for TV, Digital, Print and Outdoor and below the line collateral/material.

  4. Any submissions made in violation of these terms will be disqualified automatically whether during or after this selection process and the participant if selected, will immediately be disqualified.

  5. The funded dream (project) will be branded as “This XXX was funded by Safaricom PLC”.

  6. By submitting the written submission on Site (or at the forms available at retail) you agree to the publication of the submission on TV, Digital, Print and Outdoor for public consumption.

  7. Participants MUST meet the following criteria as a pre-condition to submitting their written submission in the Campaign:

    1. Be Kenyan citizen aged eighteen (18) years and above;

    2. Be holders of a valid passport or Kenyan national identification card.

    3. If an organisation, it must be registered with the relevant body in Kenya and compliant with all registration requirements.

5.  THE GENERAL TERMS

  1. Safaricom reserves the right to verify the validity of entries and to disqualify any entrant who tampers with the entry process or breaches these terms of submission.

  2. Safaricom reserves the right to suspend or terminate the Campaign or amend these terms and conditions at any time for any technical or commercial reason. Any amendment to these terms and conditions will be published on the Safaricom microsite http://safaricom.co.ke/ndotozetu and any other media as Safaricom may choose.

  3. At the close of the Campaign Period, Safaricom reserves the right to monitor and document the impact of the dream beyond the Campaign Period.

THE SAFARICOM ANNIVERSARY SERVICE

TERMS AND CONDITIONS FOR THE SAFARICOM ANNIVERSARY SERVICE

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The following terms and conditions apply to the Safaricom Anniversary Service (“the Service”) and by activating the Service you will be deemed to have read, understood and accepted the same:

1. The Service

The Service gives Safaricom PrePay and PostPay subscribers an opportunity to make voice calls at affordable rates on their birthday and those celebrating ten (10) years and more on the Safaricom network. In addition, eligible subscribers will receive 1GB on their birthday and when celebrating ten (10) years and more on the Safaricom network.

2. Eligibility

The Service is open to all Safaricom Prepay, Hybrid and PostPay subscribers.

3. The Service

The Service will launch on 25th October 2018. 

4. How to Participate 

  1. The eligible subscribers will be identified by Safaricom from the Network.

  2. You will receive a notification with either birthday wishes, or anniversary wishes as well as the offer to make calls at Kshs. 1/= all day.

  3. You will also receive a notification that you have been awarded 1GB on either your birthday or anniversary.

5. Validity

  1. You can make calls all day across all networks for Kshs. 1/= per minute until 0000hrs.

  2. The 1GB awarded will be valid for twenty (24) hours.

6. Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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. Extension of Terms

  1. Save as modified above, these Terms and Conditions including privacy terms are supplemental to and subject to the published Safaricom Prepay and PostPay Service Terms and Conditions as well as the Safaricom PrePay and PostPay Data Bundles and other Services that you may be using.

  2. Safaricom reserves the right to amend or vary these terms and conditions including updating the Privacy terms or to withdraw this Service at any time. 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. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke and will take effect from the date of notification of the update.  

 

THE SAFARICOM@ 20 PROMOTION

TERMS AND CONDITIONS FOR THE SAFARICOM@ 20 PROMOTION

Download PDF Version

The following terms and conditions apply to the Safaricom@20 Promotion (“the Promotion”) and by participating in the Promotion you will be deemed to have read, understood and accepted the same: -

1. The Promotion

 This Promotion celebrate Safaricom’s 20th birthday, by availing eligible Safaricom subscribers with attractive offers as set out in clause 5 below. 

2. Eligibility

  1. This Promotion is open to all new and existing Safaricom PrePay, Hybrid and PostPay subscribers except those listed in 1 (b) below who are connected to the Safaricom network during the Promotion Period.

  2. This Promotion will not be available to subscribers who are roaming during the Promotion Period.

3. The Promotion Period

The Promotion will run for ninety (90) days from 0000hrs on 23rd October 2020 to 2359hrs on 21st January 2021(“Promotion Period”).

4. How to Participate

  1. Eligible subscribers will be identified on the Safaricom network and will receive an SMS containing the offers available during the Promotion Period.

  2. You can also access the offers by dialling *444# and following the prompts.

5. Available offers

The following offers will be available during the Promotional Period:

  1. Free voice calls: Each eligible subscriber will have an opportunity to enjoy a FREE first call of the day on a certain day within the Promotional Period. This offer is available once to each subscriber and is subject to the Fair Usage Policy (FUP) of 20 minutes. For the award for this offer, eligible subscribers will be spread over the Promotional Period into cohorts of one (1) million.

    1. Eligible subscribers will not need to subscribe for the first call of the day; it will be automatically awarded on the day it is offered.

    2. Eligible subscribers will receive a message from Safaricom a day before the offer is made.

    3. The free call will be limited to the first call of the day, up to 20 minutes. iv. You can make calls on-net & of net.

    4. International & roaming calls will not be included in this offer.

    5. Reverse calling will apply but the free first call of the day will be awarded to the receiver (the sponsor) of the call.

    6. If the receiver drops the call accidentally, the repeated call will be charged.

  2. Free data bundle: 20GBs FREE to subscribers who joined Safaricom network 20 years ago and those who are turning or turned 20 years (customer age) this year.

    1. This offer is available once for subscribers and is valid for seven (7) days.

    2. You will not need to subscribe to this offer. It will be automatically awarded to the select subscriber base.

  3. Special Bundles: For Kshs. 20/=, you will get 20 voice minutes and 20 MBs, valid until midnight the same day.

    1. This offer will be available for all Eligible subscribers and is only available once a day for each mobile number during the first thirty (30) days of the Promotion Period.

    2. The offer can be accessed by dialing *444# and selecting “Safaricom@20 offer”.

  4. Segmented offers: Eligible subscribers will have an opportunity to get 20 free voice minutes when they buy a segmented bundle priced at Ksh 1 per minute.

    1. Dial *444# to view the segmented offer you are eligible for.

    2. You will only have one available option selected for you based on your usage profile. Both Bundle and FREE minutes from this offer will expire at midnight of each day iv.The offer can be purchased multiple times during the day throughout the entire promotion period.

    3. The offers are as indicated in the table below:

Price

(Ksh)

Bundle Minutes

FREE Minutes

Validity

10

10

           20 

Midnight

20

20

           20 

Midnight

30

30

           20 

Midnight

40

40

           20 

Midnight

50

50

           20 

Midnight

70

70

           20 

Midnight

100

100

           20 

Midnight

 

6. Validity of the resources

The resources awarded will be valid for the following periods:

Resource

Validity period

FREE 20GB Data Bundle

7 days

Special bundle (20 minutes + 20 MB for Kshs. 20)

At midnight

Segmented offer

At midnight

     

7.  Other Terms

  1. Should you not see the SMS referred to in clause 5 (a) (ii) notifying you of your free first call and you fail to take advantage of the free call, you will miss out on the opportunity.

  2. The Free 20Gbs will not be transferable and the usage will not earn any Bonga points or storo bonus.

  3. Any unused data bundles will lapse and will not be carried over.

  4. You will receive an SMS notification informing you that your data balance is low.

  5. When your Safaricom@20 data bundles and minutes expire you will receive the following message:

Dear Customer, your data bundles have expired. Dial*544# to buy another bundle”

OR

Dear Customer, your minutes have expired. Dial*544# to buy another bundle”

8. Priority of Bundles consumption

Priority of data bundle consumption will be as follows:

  1. Safaricom@20 Bundle

  2. Daily Data Bundle

  3. FREE Data Bundle

  4. Weekend Data Bundle

  5. Weekly Data Bundle

  6. Monthly Data Bundle

  7. ETU Account

  8. Bonga Data Account

  9. Free Money Account

  10. Main Account

9. Priority use of voice minutes 

Priority of consumption of voice minutes will be as follows:

  1. Free resources

  2. Minutes with less than 24hr validity

  3. Minutes with 24hrs validity

  4. Minutes with 7 days validity

  5. Minutes with 30 days validity

  6. Non-expiry resources

 

10. Privacy 

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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.

11. Extension of Terms

  1. The Promotion will not be available in conjunction with other promotions and rewards.

  2. The resources in the Promotion will be subject to Safaricom’s fair use policy.

  3. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom Prepay and PostPay Terms and Conditions and other Services that you may be using.

  4. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw this Promotion at any time. In any of these events, notice will be given via SMS to the eligible subscribers and will be effective immediately or as at the date referred in such notifications.

  5. These Terms and Conditions are available at safaricom.co.ke

 

THE SAFARICOM LIPA MDOGO MDOGO SERVICE

TERMS AND CONDITIONS FOR THE SAFARICOM LIPA MDOGO MDOGO SERVICE

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The following terms and conditions apply to the Safaricom Lipa Mdogo Mdogo Service (“the Service”): -

1. The Service

This Service enables Safaricom subscribers to purchase devices of their choice through a flexible twelve (12) month repayment plan.

2. Eligibility

This Service is open to all Safaricom subscriber who meet the following criteria:

  1. A favorable Credit Score done by Safaricom (based on a device Financing Credit Score).

  2. Age on Network: They need to be on the Safaricom network for a minimum of one (1) year.

  3. Over 18 years of age and below 75 years of age.

3. Launch of Service

These terms will take effect at 00:00hrs on 4th February 2021.

4. How to participate in the Service

  1. To participate, dial *544# from your device, accept these Terms and Conditions to opt into the Service.

  2. You will receive an SMS informing you of your eligibility and the value of the device you can purchase under the Service.

  3. Proceed to select your device of choice and make a downpayment of Kshs. 500/= through M-Pesa.

  4. Go to any Safaricom shop near you where the staff at the shop will conduct a know your customer (KYC) check to verify your identity, after which, the sale will be processed, and the device will be issued to you.

  5. Repayment can be done in the following intervals: daily, weekly, partial or full payment.

  6. Safaricom will communicate through SMS with loan balances in daily reminders as follows: 8:00am, 12:00 noon and 5:00pm.

  7. On the fourth (4th) day of the repayment remaining outstanding, Safaricom will lock the device, limiting your use.

  8. Should you be in default on the 7th day, you will be barred from all outgoing outgoing calls and SMS.

  9. To participate in this Service your account should not be blacklisted by any credit reference bureau (CRB), Okoa Jahazi and Okoa data or locked due to fraud.

  10. Where subscribers have elected to make daily payments and they make their payments consecutively for 7 days, they will receive 100MB free YouTube bundles.

  11. Where you default for thirty (30) days, you will be blacklisted, be disqualified for subsequent device loan facilities and your details will be forwarded to CRB.

  12. Devices are always sold to you subject to the Manufacturer’s limited warranty.

5. Privacy

  1. Definition

    “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 Safaricom subscriber, a person with parental authority shall open and maintain an account in their name for and on behalf of the minor. For purposes of these Terms and Conditions, 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. 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 including the provisions on Privacy and terms of use for any other Safaricom Services that you may be enjoying available on www.safaricom.co.ke.

  2. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Service at any time. 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. Any update to the privacy terms will be available on the Safaricom website www.safaricom.co.ke.

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

 

MAUZO KOCHOKOCHO SAFARICOM RETAILER PROMOTION

MAUZO KOCHOKOCHO SAFARICOM RETAILER PROMOTION

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The following terms and conditions apply to the Mauzo Kochokocho Retailer Promotion (the “Promotion”) and by participating in the Promotion you are deemed to have read, understood and accepted the same:-

1. Promotion Period and Eligibility:

  1. The Promotion is open to any person or company or business that purchases Safaricom airtime worth a minimum of KShs. 1,000/= as scratch cards from an authorised Safaricom Dealer for purposes of resale (“Retailer”). The Promotion is not open to minors (i.e. any person below the age of 18).

  2. The Promotion will run for eight (8) weeks from 11th May, 2015 to 3rd July, 2015 (“Promotion Period”).

2. Entry into the Promotion

If you are a Retailer and you wish to participate in the Promotion you should follow the following process:

(a) Entry into the Promotion

  1. To enter into the Promotion, purchase Safaricom airtime scratch card worth KShs. 1,000/= and above during the Promotion Period.

  2. Once you purchase the airtime, the underside of every first card will have a sealed code labelled MAUZO which you will scratch to reveal the code then dial *244# and follow the prompts or send the code as an SMS to the short code 29444 .

  3. You will receive a notification via SMS/USSD for every successful entry into the Promotion.

  4. After successful entry into the promotion, each time you dial *244# you will get a prompt to send the MAUZO sealed code and each time you are successful you will receive an SMS indicating the number of points that you have accumulated.

  5. Upon every registration, you will get 10 points however you will require a minimum of Twenty (20) entry points in order to be eligible for the draws.

  6. Entries are deemed to have been received at the time of receipt into the promotional database and NOT at the time of transmission by the entrant. There is no restriction on the number of times a Retailer can enter the Promotion.

  7. You will earn the following points depending on the value of the airtime purchased:

Airtime Package

Face Value Amount (Kshs.)

Entry Point

200 x Bamba 5

1,000

5

200xBamba 10

2,000

10

100xBamba 20

2,000

10

40xBamba 50

2,000

10

20xBamba 100

2,000

10

20xBamba 250

5,000

15

10xBamba 500

5,000

15

5xBamba 1,000

5,000

15

 

3. Selection of Winners and Draws

  1. The draws will be held on the following dates:

  1. Draw 1 – 25th May 2015

  2. Draw 2 – 8th June 2015

  3. Draw 3 – 22nd June 2015

  4. Draw 4 – Final Draw – 6th July 2015.

  1. All draws will be held at 10:00 hours (10.00am) or at such other time as may be agreed upon with the Betting Control and Licencing Board (BCLB).

  1. Winners will be selected by random computer selection. Any decisions made on the same by BCLB and Safaricom shall be final and binding.

  2. If your entry does not win in one of the draws it will be rolled over to the next draw.

  3. Draws falling on weekends and public holidays will be conducted on the next weekday or working day as the case may be.

  4. The draws will be conducted based on the Areas where Retailers will have a chance of winning any of the prizes in a particular defined region.

  5. There will be two (2) national draws, for the One Million and Two Hundred Thousand cash prize.

 

4. Allocation of Prize

PRIZE MATRIX

 

 

Prizes  

People Area

 

Areas

Draws

Total

Winners/Prizes

Total Amount

Cash Kshs. 1 Million 

1           person draw

per

 

4

4

4,000,000.00

Cash                  Kshs.

200,000/-

1           person draw

per

 

4

4

800,000.00

Cash Kshs. 50,000/-

 

1

34

4

136

6,800,000.00

Cash Kshs. 20,000/-

 

1

34

4

136

2,720,000.00

Airtime KShs10,000 

 

5

34

4

680

6,800,000.00

Airtime KShs 5,000 

 

15

34

4

2040

10,200,000.00

Airtime KShs 250 

 

400

34

4

54400

13,600,000.00

TOTAL

 

 

 

 

57,400

44,920,000.00

 

5. Restrictions on Winners

  1. You are only eligible to win one prize in any of draws that shall be held during the Promotion except if you win airtime worth Kshs 250.

  2. If you win the cash prize of Kshs 1,000,000 you will only be eligible to win airtime worth Kshs 250 once in each of the remaining draws.

  3. If you win any prize below Kshs 1,000,000 you are eligible to win the cash prize of Kshs 1,000,000 or airtime worth Kshs 250 in any other draw.

  4. If you win Airtime of Kshs. 250 in a draw and have not won any other prize except airtime worth Kshs. 250 in previous draws, you will be eligible to win any other prize including airtime of the same value in the successive draws.

6.  Winner Notification

  1. If you win a cash prize, Safaricom will contact you through the number 0729 333 333. The cash prize of Kshs. 50,000/- and below will be credited to your account within ten (10 days of receiving the vetting document after the Draw through M-PESA. Once the money has been credited into your account you will be notified through a message from the M-PESA system. You have to be registered as an M-PESA user to receive your cash prize.  If you are not a registered M-PESA user, and the money reverts to Safaricom after seven (7) days of sending the money, Safaricom will attempt to resend the money once more at the end of the Promotion and if this second attempt is unsuccessful you will be deemed to have forfeited the prize. The standard terms and conditions for use of the M-PESA service will apply to winners who receive the prize money via M-PESA. Registered M-PESA users will therefore be charged the normal withdrawal charges. 

  2. If you win the cash prize of Kshs. 1 million or 200,000/-, the same will be credited to your Bank Account through RTGS within ten (10) days after receipt of the vetting document however, should your personal presence be required at Safaricom House or any other place, you will be responsible for cost of travel and any other related costs.

  3. Cash prizes of Kshs. 50,000/- and 20,000/- will be sent to the winners through M-PESA within ten (10) days after vetting is complete and receipt of the vetting document.

  4. If you win the airtime prize of Kshs 250, you shall receive a PIN from Safaricom five (5) days after each draw and this shall be used to top up the airtime.

  5. If you win the airtime prizes of Kshs 5,000 and Kshs 10,000 will be credited to your account within ten (10) days of the Draw through M-PESA. Once the airtime has been credited into your account you will be notified through a message from the M-PESA system. You do not have to be registered as an M-PESA user to receive your prize.  If you are not a registered MPESA user, and the airtime reverts to Safaricom after seven (7) days of sending the airtime, Safaricom will attempt to resend the airtime once more at the end of the Promotion and if this second attempt is unsuccessful you will be deemed to have forfeited the prize. The standard terms and conditions for use of the M-PESA service will apply to winners. 

7.  Other Terms

  1. Safaricom reserves the right to disqualify any entrant or withdraw any prize awarded to such entrant for tampering with the entry process including but not limited to: canvassing, or for submitting an entry which is not in accordance with these terms and conditions.

  2. The prizes are non-transferable and no cash or other alternative shall be offered for all prizes.

  3. By agreeing to participate in the promotion, all winners agree that their name, picture and details of their business can be made public in such media as Safaricom may choose (including but not limited to the internet) and that they will further agree to participate in all public relations and marketing activities relating to the Promotion without additional payment or consideration or prior approval.

  4. The award of the prizes shall be subject to the authentication of the ownership of the winning MSISDN’s through the presentation of such documentation as shall be considered suitable for verification by Safaricom including but not limited to any of the following forms of identification: original Identification Card/original Passport/original Birth Certificate together with either the starter pack or physical SIM card.

  5. If a Retailer discovers that they erroneously provided the wrong information while registering e.g. wrong cluster code, they will have to register again. The Retailer will be required to use a different MSISDN to register since the same MSISDN cannot be registered twice..

  6. If a Retailer over scratches the sealed code and is unable to view all the digits, he/she will call Customer Care for assistance.

  7. When a Retailer submits a non-existent raffle ticket number 5 times, the MSISDN will be blacklisted from submitting requests for a period of three (3) days.

  8. In the event that the owner of the MSISDN and the user of the MSISDN are distinct and subject to the provision of sufficient proof, the applicable prize will only be awarded to the owner of the MSISDN and not the user of the MSISDN. The burden of proving ownership of the MSISDN rests with the person making the claim, and such claimant must within forty eight (48) hours from the close of the applicable draw provide to Safaricom sufficient physical proof of ownership of the MSISDN in question including without limitation, the SIM card and SIM pack containing the P.I.N and P.U.K numbers. Safaricom and the BCLB will not entertain claims made after the expiry of said forty eight (48) hours any decision made on the same by the BCLB and Safaricom shall be final and binding.

  9. If upon notification the selected winner of any prize does not claim the prize three (3) months after the end of the Promotion he/she will be deemed to have forfeited the same.

  10. Safaricom reserves the right (subject to any direction from BCLB) to suspend or terminate the Promotion or amend these terms and conditions at any time for any technical or commercial reason. Any amendment to these terms and conditions will be published on the Safaricom website safaricom.co.ke and in a daily newspaper.

  11. Although Safaricom will use reasonable efforts to ensure that all information relating to the Promotion ("Promotional Material") is accurate, Safaricom will not be liable for any matters outside its control.

  12. Safaricom Dealers and their employees, employees of Safaricom Limited, Safaricom Key Accounts, Scangroup & RedSky Limited, Contractor 3rd Party Agents, Betting Control and Licensing Board and any other supplier or third party directly involved with the facilitation of this Promotion and their immediate families and dependants shall not be eligible to participate in this Promotion. Each prize winner will be required to declare or affirm in the Form of Discharge that they do not belong to any of the restricted groups of persons.

  13. The Promotion remains subject to the provisions of the Betting Lotteries and Gaming Act (Cap 131 Laws of Kenya) and any disputes arising hereunder shall be resolved in accordance with such provisions.

  14. In the event that there are any taxes applicable to the Prizes, Safaricom will deduct the same and remit to the Tax collection Agency. The Winners will be presented with Tax withholding Certificates where applicable.

CAUTION: Safaricom does not require subscribers, retailers to send airtime, money or other consideration in order to award any of the promotion prizes and will not be liable for any losses or other damage incurred by any Retailer who does not heed this caution.  

 

 

 

THE SAFARICOM EAST AFRICA ROAMING BUNDLES

 TERMS AND CONDITIONS FOR THE SAFARICOM EAST AFRICA ROAMING BUNDLES

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The following terms and conditions apply to the Safaricom East Africa Roaming Bundles (”the Service”) and by activating this service you will be deemed to have read, understood and accepted the same:-

1. The Service

This service enables Safaricom PrePay and PostPay subscribers roaming in Uganda, Tanzania and Rwanda to call, receive calls, sms and use data at an affordable rate when communicating to Safaricom subscribers back at home (Kenya) or subscribers in the partner networks visited (Uganda, Tanzania and Rwanda).

2. Eligibility

This Service is open to all Safaricom PrePay and PostPay subscribers roaming in Uganda on Uganda Telcom network (UTL) or MTN Uganda, Tanzania on Vodacom Tanzania network and Rwanda on MTN Rwanda network; 

3. How to Use the Service

3.1  Types of Bundles

You can choose from the following four (4) types of Bundles:

  1. Voice

  2. SMS

  3. Internet

  4. Receiving Calls

 3.2 Types of Plans:

From each of the Bundles above, you can choose any of the three (3) plans below: (a) Lite; (b) Medium; (c) Heavy.

3.3 Resources

The Roaming Bundles provide you with the following resources valid for the period indicated in the table below:

3.3.1 VOICE BUNDLE OPTIONS (Minutes to Safaricom and Visited Networks)

 

Bundle Price

Bundle Resources

Validity (in 24 hr days)

Lite Bundle

Kshs 500

30MIN

5

Medium Bundle

Kshs 1,000

60MIN

15

Heavy Bundle

Kshs 2,000

120MIN

30

 

3.3.2 SMS BUNDLE OPTIONS 

 

Bundle Price

Bundle Resources

Validity (in 24 hr days)

Lite Bundle

Kshs 500

45 SMS

5

Medium Bundle

Kshs 1,000

90 SMS

15

Heavy Bundle

Kshs 2,000

180 SMS

30

 

3.3.3 INTERNET BUNDLE OPTIONS 

 

Bundle Price

Bundle Resources

Validity (in 24 hr days)

Lite Bundle

Kshs 500

40MBs

5

Medium Bundle

Kshs 1,000

80MBs

15

Heavy Bundle

Kshs 2,000

160MBs

30

 3.3.4 RECEIVING CALLS BUNDLE OPTIONS (Minutes of received calls)

 

Bundle Price

Bundle Resources

Validity (in 24 hr days)

Lite Bundle

Kshs 500

20MIN

5

Medium Bundle

Kshs 1,000

40MIN

15

Heavy Bundle

Kshs 2,000

80MIN

30

 3.4 How to buy a Bundle

  1. Dial *100# or *200#;

  2. Choose your preferred Bundle and Plan from the “EA Roaming Bundles” Options.

4. Price and Validity of Bundles

  1. The price and validity of the Bundles is as shown in the Table above:

  2. If you purchase a new Bundle when you still have a valid bundle, the new bundle purchased will be added to the old balance and the validity of the total balance will be extended based on the validity of the new bundle.

  3. Voice and SMS resources can only be used to communicate with a subscriber in the Partner visited network at that time or with a Safaricom subscriber. For example if you are roaming on Vodacom Tanzania network, Voice minutes can only be used to call a Vodacom Tanzania or Safaricom subscriber. Calling a UTL Uganda subscriber while roaming and connected to Vodacom Tanzania network will be charged at the applicable published Safaricom rate

  4. Upon depletion of the purchased Roaming Bundle, if you continue to use SMS, Voice or data you will be charged the published roaming rates from the airtime on your mobile or any airtime topped up. This will apply to the awarded resources separately, for example, when voice minutes are depleted but you still have SMS resources, Voice will be charged at the published roaming rates while SMS will be charged on the Roaming Bundle rate.

  5. You can renew / access the Roaming Bundles anytime you wish.

  6. Once the Roaming Bundles expire, they cannot be renewed or accessed.

5. General Terms of usage

  1. You cannot transfer (Sambaza) Roaming Bundles to other subscribers.

  2. Upon purchase and use of the bundles, subscribers will accumulate Bonga Points as per the published terms and conditions of the Safaricom Loyalty Programme.

  3. Safaricom Roaming Bundles are not for re-sale. You therefore will not resell the Bundles purchased from Safaricom without its consent. Safaricom reserves the right to withdraw this service from you if you breach these terms.

 

6. 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, Safaricom PrePay and PostPay Data Bundles and other Services that you may be using.

  2. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Service at any time. 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. Terms and Conditions available on safaricom.co.ke

NOTE:  SAFARICOM ROAMING BUNDLES ARE NOT FOR RE-SALE AND CAN ONLY BE PURCHASED FROM SAFARICOM AS INDICATED IN THE APPLICABLE PUBLISHED TERMS AND CONDITIONS. SAFARICOM SHALL NOT BE RESPONSIBLE IN ANY MANNER WHATSOEVER FOR BUNDLES PURCHASED FROM ANY OTHER SOURCE.

3

 

THE SAFARICOM DATA ROAMING BUNDLES

TERMS AND CONDITIONS FOR THE SAFARICOM DATA ROAMING BUNDLES

Download PDF Version

The following terms and conditions apply to the Safaricom Data Roaming Bundles (the “Service”) and by activating this service you will be deemed to have read, understood and accepted the same:-

1. The Service

This Service enables Safaricom PrePay and PostPay subscribers roaming in the following countries to browse the internet at an affordable rate:

(a) Ghana, South Africa, Netherlands and China (“Zone 1 countries”);

2. Eligibility

This Service is open to all Safaricom PrePay and PostPay subscribers roaming in Zone 1 countries.

3. Launch of Service

The Service will run from 0000 hrs on 22nd September 2017 (“Service Date”).

4. How to Use the Service

a. The Data Roaming Bundles provides you with the following resources indicated in the table below:

 

 

 

LITE

 

HEAVY

 

 

 

BUNDLES

COST

BUNDLES

COST

ZONE 1  

(14/- per MB)

DAILY

20 MB

225 /-

50 MB

550 /-

WEEKLY

100 MB

1,100 /-

200 MB

2,100 /-

MONTHLY

500 MB

5,200 /-

1,000 MB

10,300 /-

 b. How to buy a Bundle:

  1. Dial *100*50# (Prepay) or *200*50# (Postpay) when roaming in any of the countries in zone 1 and select “Data roaming bundles”. ii. Your country will be automatically picked by the network. Alternatively, you can enter the name of your country name in full.

  2. The following bundle options will be displayed: Daily, Weekly and Monthly bundles. iv. You will be required to select your preferred bundle and confirm purchase of the bundle.

  3. Upon successful purchase, you will receive a notification message confirming purchase of the bundle as well as the validity period.

 

5. Validity of Bundles

  1. The validity of the bundles will be as follows:

    1. Daily bundle is valid for twenty (24) hours from the time of purchase;

    2. Weekly bundle is valid for seven (7) days from the date of purchase & 

    3. Monthly bundle is valid for thirty (30) days from the date of purchase.

  2. If you purchase a new Bundle when you still have a valid bundle, the new bundle purchased will be added to the old balance and the validity of the total balance will be extended based on the validity of the new bundle.

  3. Upon depletion of the purchased data roaming bundle, should you continue to browse the internet, you will be charged the published data roaming rates from the airtime on your mobile or any airtime topped up. Please note that MyDataManager will not be available when roaming in the zone 1 countries.

  4. We will send to you periodic notifications informing you of the balance on your bundle so that you can prepare to purchase another bundle should you still require resources.

  5. You can purchase the Bundle as many times in the day as you wish.

  6. You can check your bundle balance by dialing *100*50# or *200*50# and selecting the “check balance” option.

  7. The Safaricom Data Roaming Bundle resources will have priority over EA Roaming Bundle and Vodafone Roaming Bundle resources if you have subscribed to both services.

 6. General Terms of usage

  1. You cannot transfer (Sambaza) Data Roaming Bundles to other subscribers.

  2. Upon purchase and use of the bundles, subscribers will accumulate Bonga Points as per the published terms and conditions of the Safaricom Loyalty Programme.

  3. Safaricom International Roaming Bundles are not for re-sale. You therefore will not resell the Bundles purchased from Safaricom without its consent. Safaricom reserves the right to withdraw this service from you if you breach these terms.

 

7. 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, Safaricom PrePay and PostPay Data Bundles and other Services that you may be using.

  2. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Service at any time. 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

NOTE:  SAFARICOM ROAMING BUNDLES ARE NOT FOR RE-SALE AND CAN ONLY BE PURCHASED FROM SAFARICOM AS INDICATED IN THE APPLICABLE PUBLISHED TERMS AND CONDITIONS. SAFARICOM SHALL NOT BE RESPONSIBLE IN ANY MANNER WHATSOEVER FOR BUNDLES PURCHASED FROM ANY OTHER SOURCE.

 

 

The BIGbox Terms and Conditions

TERMS AND CONDITIONS FOR THE SAFARICOM INTERNET AND DIGITAL TV SET TOP BOX "theBIGbox"

Download PDF Version

The following terms and conditions apply to the Safaricom Internet and digital television set top box "theBIGbox" ("the Service") and by activating, using this Service you will be deemed to have read, understood and accepted the same:-

1. The Service

This Service enables Safaricom subscribers to access the Internet, television and other content from the comfort of their homes by purchasing the Safaricom Set Top Box (theBIGbox) and affordable Internet bundles.

2. Eligibility

The Service is open to all Safaricom subscribers. Non-Safaricom subscribers can still enjoy the Service by registering as Safaricom subscribers at the point of purchase of theBIGbox.

3. How to Access the Service

  1. Visit any Safaricom Shop countrywide.

  2. At the Safaricom Shop you will fill a form for registration of the SIM in theBIGbox. If you are buying by way of instalments, the Form will also serve as an agreement between you and Safaricom to pay the balance of the purchase price within the agreed period. The SIM enables you to access additional services such as the Internet, content and other value added services. Do carry your identification documents to facilitate SIM registration as required under the law

  3. You have the option of purchasing either theBIGbox without data bundles or with data Bundles ("theBIGbox Bundles").

  4. You can purchase theBIGbox by outright purchase or through the instalment plan provided by Safaricom as described in condition 7 below.

  5. The outright purchase of theBigbox without theBIGbox Bund les gives you access to Free to Air TV channels. You can purchase theBIGbox Bundles provided under this Service or our published Data Bundles to enable you access the Internet from theBIGbox.

  6. Purchase of theBIGbox together with theBIGbox Bundles gives you the opportunity to access Free-To-Air TV and to enjoy Internet services using the various devices in your home (mobiles, tablets, laptops). With theBIGbox Bundles purchased, theBIGbox converts your home into a Wi-Fi hotspot enabling all Wi-Fi enabled devices to use the same bundle.

  7. TheBIGbox Bundles available for this Service are in the table below.

  8. TheBIGbox is a plug and play device if you already have a standard aerial. Our Agents will set you up at the point of purchase and ensure that theBIGbox is ready for use.

4. Access to TV

TheBIGbox gives you access to Free to Air Channels.

5. TheBIGbox Bundles

    1. You can choose from the following data bundles when purchasing theBIGbox:

     

theBIGbox 6GB

6GB

999

30 Days

theBIGbox 10GB

10GB

1, 500

30 Days

theBIGbox 20GB

20GB

2,000

30 Days

theBIGbox 50GB

50GB

4,000

30 Days

  1. The Monthly Bundles will renew automatically at the end of the thirty (30) days for as long as there is enough airtime in theBIGbox SIM. Otherwise you will activate another BIGbox Bundle when you have enough airtime in theBIGbox SIM or through Data Sambaza or third party top up using •422#.

  2. TheBIGbox Bundles are valid for thirty (30) days from the date of purchase. Once the 30days lapse, the unused portion of the bundles become permanently unavailable. TheBIGbox Bundles cannot be rolled over.

  3. You can buy as many Bigbox Bundles as you wish during the month (including the Safaricom published Data Bund les). If you are paying for theBIGbox by way of monthly instalments, you must purchase the theBIGbox 6GB Bundle each month.

  4. We will endeavour to notify you as soon as your monthly bundle is running low and also as your bundle nears expiry.

  5. TheBIGbox Bundles cannot be transferred from theBIGbox SIM (no Data sambaza out). You can however, transfer bundles from another Safaricom SIM to theBIGbox SIM (Data Sambaza).

  6. You will earn Bonga Points on the use of theBIGbox Bundle s. Purchase of theBIGbox in itself does not earn Bonga Points.

  7. Should you finish your BIGbox monthly Bundle before the validity period has elapsed, you will be in a position to buy any of theBIGbox Bundles in this Service or any of our published Data Bundles

  8. (see the Safaricom PrePay & PostPay Data Bundles Terms in www.safaricom.co.ke). TheBIGbox Bundle will be used in priority to any other Bundles in theBIGbox SIM.

  9. To check the balance on your BIGbox Bundles dial •422# or use the web interface www.saf aricom.com/bund les (/TV)

  10. You will not be in a position to browse out of bundle (on the go) in this Service; theBIGbox SIM must have valid BIGbox Bundles or any of the published Safaricom Data Bundles.

  11. TheBIGbox Bundles are only available for subscription on *422#

  12. Access to *422# and the web interface is free

  13. As you register, you will give us a Safaricom mobile number which you designate as your Primary Line. You can top up theBIGbox from your Primary Number through Data Sambaza. Only the Primary Line can carry out Data Sambaza to theBIGbox SIM.

6. How to Purchase theBIGbox Bundles

6.1 Safaricom subscribers can activate a Data Bundle (including theBIGbox Bundle) in the following ways:

  1. Dialing *422#:

    1. From your mobile phone dial *422# and enter your decoder number, then select the preferred bundle.

    2. You will receive a message confirming the status of your internet bundle purchase;

    3. Upon successful purchase of a data bundle, you will receive a message confirming the bundle purchased and the validity period.

  2. Purchase of data bundle through M-PESA from another Safaricom mobile number:

    Purchase the data bundle using your Primary Line provided in the registration Form.

    1. From your primary Line dial *422#

    2. Enter decoder number

    3. Select the data bundle that you would like to purchase (for example select 6GB for Kshs 999)

    4. Enter PIN (USSD / NETWORK PIN/SERVICE PIN) If you have no PIN set, you will be prompted to set up one

    5. You will receive a flash notification that your request has been received and is being processed

    6. You will then receive a message from M-PESA (for example "C085FLO11 Confirmed. 999Ksh sent to 958300-Safaricom Data Bundles for account on 27/4/15 a t 2:56PM New M-PESA balance is 984Ksh.")

    7. TheBIGbox SIM will also receive a message confirming the details of the data bundle that has been purchased (for example "You have successfully purchased 6GB Data Bundle, Expiry date: 26-03-20 15.")

6.2 On line Purchase

  1. Both Prepay and PostPay subscribers can still purchase Safaricom Data Bundles online using their computers, tablets, or mobile phone by via www.safaricom.com/bundles. Only your Primary Line can carry out Data Sambaza to theBIGbox.

  2. From theBIGbox, at the Internet home page which is www.safaricom.com/bundles (through "my Account" icon), select TV option and select the desired Blgbox Bundle to purchase.

7. How to Make Payment for theBlgbox

  1. You can pay for theBIGbox in the following ways:

    1. Outright purchase by paying Kshs 9,999/- at any of the Safaricom Shop. Safaricom will top up your Bigbox Bundle each month for the first 6 month s. During the month and at the end of the first 6 months you are free to buy any of theBigbox Bundles or published Safaricom Data Bundles.

    2. Easy Pay Instalments by paying the minimum of Kshs. 4,999/- at the Safaricom Shop and a monthly instalment of Kshs. 999/- for six (6) months. This instalment payment will be made monthly by purchasing theBIGbox 6GB Bundle through •422#. You can purchase an additional BIGbox Bundle or Safaricom published Data Bundle anytime during the month.

 

Easy Pay Installment Plan

4,999

6GB

999

Outright Purchase

9 , 999

6GB

N / A

**You must purchase theBIGbox 6GB Bundle each month for the six instalment months. You are free to buy any of theBIGbox Bundles as additional data anytime during the month. The Kshs. 999/- includes the monthly instalment payment for theBIGbox, service fee towards managing your Account.

  1. Using full or part Bonga Points

  2. Through Mshwari or any other financing method as Safaricom may avail from time to time

  3. You can buy theBIGbox Bundles as indicated in 6 above.

8. How to Subscribe out of theBIGbox Bundle

You can subscribe in and out of any of theBIGbox Bundles at any time.

9. After Sales Support for theBIGbox

  1. TheBIGbox is sold subject to Limited Manufacturer's Warranty.

  2. Should you experience a problem with your BIGbox, kindly visit the point of purchase or any Safaricom Shop.

  3. If you need any support or information regarding your BIGbox please contact us on line 400

  4. Should you wish to sell your BiGbox to another person, you must visit a Safaricom Shop with the intended purchaser for the change of ownership to be completed.

10. General terms

  1. TheBIGbox Bundles run on a shared resource therefore the speed maybe affected by the number of users at any given time.

  2. Airtime topped up as a data bundle cannot be reversed.

  3. It will not be possible to reverse purchases made through M-PESA.

  4. Okoa Jahazi credit will be deducted first on top up and if the balance is not sufficient to buy the desired bundle, the balance will be topped up on your line as airtime.

  5. You will not be able to purchase a data bundle directly from Safaricom airtime card for use on Partner Networks. You will continue to enjoy the same service on voice.

  6. Safaricom data bundles are not for re-sale. You therefore will not resell data bundles purchased under these terms and conditions. Safaricom takes no liability for such resell or purchase through resell and further reserves the right to withdraw this service from you if you breach these term s.

11. 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 Condit ion s, M-PESA Terms and Conditions and any other published terms and conditions that relate to any other Safaricom product/service that you may be using in conjunction with theBIGbox.

  2. Safaricom reserves the right to modify, vary, amend or withdraw this Service and Terms and Conditions. Such changes will be communicated through the media, Safaricom website or any other appropriate avenue as Safaricom may determine.

  3. Terms and Conditions available on www.safaricom.co.ke

NOTE: SAFARICOM DATA BUNDLES (INCLUDING THE BIG BOX BUNDLES) ARE NOT FOR RE-SALE AND CAN ONLY BE PURCHASED FROM SAFARICOM AS INDICATED IN THESE TERMS AND CONDITIONS. SAFARICOM SHALL NOT BE RESPONSIBLE IN ANY MANNER WHATSOEVER FOR DATA BUNDLES PURCHASED FROM ANY OTHER SOURCE.

SAFARICOM HOME FIBRE SERVICE AND 4G HOME PLANS

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

Download PDF Version

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: -

Service

This service enables customers to access Internet at home through fibre or 4G provided by Safaricom.

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

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

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

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.

Effective date of the Service

These terms will take effect on 8thJuly 2021 from 0000 hrs.

How to Access and Use the Service

Safaricom Home Fibre

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/.

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.

Dial *400# on the registered phone number or

By using the Safaricom Home M-PESA PayBill number 150501 or

In a Safaricom shop.

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.

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. If you carry your router while relocating, there is no charge. This is however subject to change based on router models and technology.

Once newly connected, you are entitled to a cumulative reward of Kshs. 3,000 as follows:

The first Kshs. 1,500 will be awarded after three consecutive monthly renewals following a new connection;

The second Kshs. 1,500 will be awarded after a further three consecutive monthly renewals hence, if your new connection commences in January, the first instalment will be awarded at the end of April and the second instalment at the end of June.

You will forfeit the reward where your home fibre account is inactive at any point during the period of eligibility as indicated above.

Should you require any support once the Service is deployed, please call Safaricom Call Centre on line 400 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 personal network equipment, devices, PC and other private LAN, you will need to contact your private technical engineer for assistance.

You will be required to grant the installers reasonable access to your home for purposes of installation, maintenance and inspection.

You undertake to maintain the installation, including all equipment provided, in good order including environmental considerations.

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.

You shall not use and shall ensure that no other person using your access to the Services uses the Services:

for resale or redistribution to any other person or entity; or

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

for fraud 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 to you by Safaricom from time to time.

4G Home Plans

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

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.

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

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

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

Home Fibre Plus

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

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

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

Plans Charges and Features

Safaricom Home Fibre

The following Fibre packages are available:

Fibre packages

Speeds

Price (30 days)

Fair Usage Limit

Speeds after Fair Usage

Bronze

8Mbps

Kshs. 2,999

500GB

1Mbps

Silver

20Mbps

Kshs. 4,100

1000GB

3Mbps

Gold

40Mbps

Kshs. 6,299

1000GB

3Mbps

Diamond

100Mbps

Kshs. 12,499

1000GB

3Mbps

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.

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.

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.

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.

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.

Safaricom Home Fibre Plus

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

 

Price

Minutes

Data

SMS

Internet Plus

Kshs. 1,050

400

5GB

Unlimited

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. The validity of the Fibre Plus resources will be the same as that of the linked Fibre package.

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

It will not be possible to purchase the Internet Plus resources independently from your Home Fibre subscriptions.

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 local networks.

Should you be unable to access your Internet Plus Service bundles, Safaricom shall reimburse you.

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.

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

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

4G Home Plans

The 4G Home Plans available are as follows:

4G Home Plan

Price

Volume at Full Speeds

Throttled Speeds

Volume at throttled Speeds

3 Mbps

3,699

200 GB

1Mbps

200 GB

5 Mbps

5,299

400 GB

1Mbps

400 GB

Customers will be given a bundle to browse at either 3Mbps or 5Mbps. Once you hit the full speeds threshold, the speeds will be throttled to 1 Mbps for the allocated volume.

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

Fair Usage Policy

Safaricom reserves the right to use a fair usage policy (FUP) to manage its network in order to maintain acceptable levels of customer experience.

The Service is subject to FUP as indicated in clause 5 above.

The Service is subject to change from time to time.

Restrictions on access to and use of the Service

You may access and use the Service only –

in a single residential unit;

for private domestic use; and

at your physical address.

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 –

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

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

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

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

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

Service interruptions

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

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

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

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.

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.

Liability

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.

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.

Privacy

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.

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.

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.

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.

Equipment and Care

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.

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

You acknowledge and agree that the Customer Premise Equipment provided 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.

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.

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.

Any Customer Premises 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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

you have not paid the Charges by the due.

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.

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, for instance, reselling the Service without written authorisation from Safaricom.

Termination and Inability to Perform

This Agreement may be terminated if:

We have reason to believe that the Service is being used in an unauthorised or illegal way or for criminal activities;

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

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

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

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

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

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;

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;

The information provided during customer registration is incorrect and you have declined to amend the information when prompted by Safaricom.

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

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

We do not receive your full payment by the due date; or

there exists a dispute relating to payment.

Consequences of Termination

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

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

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.

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.

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.

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.

Applicable Law

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

Other terms

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

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

Extension of Terms

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.

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.

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

SAFARICOM HOME FIBRE INTERNET PLUS SERVICE

 TERMS AND CONDITIONS FOR SAFARICOM HOME FIBRE INTERNET PLUS SERVICE

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The following terms and conditions apply to the Safaricom Home Fibre Internet Plus Service (the “Service”) and by activating this service you will be deemed to have read, understood and accepted the same.

1. The Service

This Service allows all new and existing Safaricom Home Fibre customers to subscribe for their preferred internet package and receive with mobile data, voice minutes and unlimited SMS. 

2. Eligibility

This Service is open to all new and existing customers who sign up for the Safaricom Home Fibre ready areas (Fibre Zones).

3. Launch of Service

This Service will launch on 7th September 2018.

4. How to Participate 

4.1 New customers

  1. You will need to sign up for the Safaricom Home Fibre Service by completing an Application form if you reside in a Fibre Zone.

  2. Dial *400# or log into the MySafaricom App;

  3. Select “Internet Plus;”

  4. Select “New Customer;”

  5. Enter your Home Fibre Account Number;

  6. Select “Buy home package;”

  7. Choose if you would like to keep or share (sambaza) your mobile resources; (h) Confirm the purchase and enter your M-pesa pin.

  8. You will be subscribed to the selected bundle.

4.2 For existing customers

  1. Dial *400# or log into the Safaricom Home App;

  2. Select “Internet Plus” (c) Select “My Existing Accounts;” (d) Selects “Renew Subscription;”

  3. Select your Fibre to the Home Account Number;

  4. Select “Buy home package;”

  5. Choose if you would like to keep or share (sambaza) your mobile resources; (h) Confirm the purchase and enter your M-Pesa pin.

  6. You will be subscribed to the selected bundle.

4.3 Internet Plus resources          

The following Internet Plus options are available with your preferred internet package:

 

 BRONZE Plus

SILVER Plus

GOLD Plus

PLATINUM Plus

Internet Package

 

 

 

 

   5mbps

10mbps

20mbps

40mbps

Data

1GB

4GB

4GB

4GB

Voice Minutes

100

200

200

200

SMS

Unlimited*

Unlimited*

Unlimited*

Unlimited*

TOTAL MONTHLY COST

  Ksh. 3,400

Ksh. 4,999

Ksh. 6,699

Ksh. 12,499

 

5. Validity of the Internet Plus resources

  1. The 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.

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

6. Other terms

  1. You will not be permitted topurchase the Internet Plus resources independently from your Home Fibre subscriptions.

  2. 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.

  3. Should you be unable to access your Internet Plus Service bundles, Safaricom shall reimburse you.

  4. You can transfer/sambaza ALL your voice minutes, data bundles and SMSs to another Safaricom number.

7. Extension of Terms

  1. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom Home Fibre Terms and Conditions, Fixed data Terms & Conditions 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. 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.

 

THE DOMESTIC INSURANCE COVER SERVICE

TERMS AND CONDITIONS FOR THE DOMESTIC INSURANCE COVER SERVICE

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The following Terms and Conditions apply to the Domestic Insurance Cover Service (“the Service”) and by activating this Service, you will be deemed to have read, understood and accepted the same:

1. The Service 

Safaricom in conjunction with Jubilee Insurance Company of Kenya is offering an annual home insurance package to Safaricom Home Fibre customers with the option of paying for your premiums monthly.

2. Eligibility

The Service is open to all Safaricom Home Fibre customers with a valid Fibre to the Home account number.

3. Service Launch date

The Service will be launched at 0000hrs on 2nd November 2018. 

4. Household goods insured

  1. The following contents will be insured: (i) Under Content section: furniture, fixtures, fittings, clothing, cutlery, crockery, kitchen equipment, entertainment equipment, refrigerators, and televisions. (ii) Under All Risks section: Jewellery, laptops & computers, tablets, cameras, wrist watches, mobile phones and all other portable electronic items, pedal cycles.

  2. The following contents are excluded from the cover:

    1. Deeds, bonds, bills of exchange, promissory notes, cheques, travellers cheques, securities for money, stamps, documents of all kind, cash, currency notes, manuscripts, medals, coins, motor vehicles and accessories and livestock.

    2. Any part of the structure or ceilings of the buildings, wallpapers and the like or external television and radio antennae, aerial fittings, masts and towers.

  3. Sublimit under All risks sections

    1. On Jewellery - maximum of 10% of the total value of ALL RISKS sum insured.

    2. On all other All Risks items (maximum limit per item) - 30% of the total value of ALL RISKS sum insured.

5. Perils Insured

5.1 Contents Insured

Insured Safaricom customers will be indemnified against loss of or damage caused by the following perils:

  1. Fire, lightning, thunderbolt, earthquake or volcanic eruption or subterranean/underground fire, subsidence or landslip.

  2. Riots and strikes

  3. Vandals or malicious persons, excluding:

    1. The first KShs. 5,000/-.

    2. Damage caused by someone lawfully on the premises.

    3. Damage caused after the house is left unfurnished or unoccupied for more than 7 consecutive days.

  1. Falling trees or branches (excluding loss or damage caused during tree felling or lopping by the insured), aerials, aerial fittings or masts, satellite dishes, lamp posts, electric or overhead cables, telegraph poles or pylons excluding:

    1. The first Kshs. 5,000/- of each incident of damage.

    2. Damage arising from erection, dismantling, repair or maintenance of such apparatus.

  2. Collision with the buildings by aircraft, other aerial devices, road or rail vehicles and other articles falling from them or by animals, excluding:

    1. The first Kshs. 5,000/- of each incident of damage.

    2. Damage caused by pets.

  3. Bursting or overflowing or escape of water from a water tank apparatus or pipe (excluding damage caused thereto).

  4. Wind, storm or tempest, (including floods overflow of the sea occasioned thereby) but excluding the first Kshs. 5,000/- of each and every loss.

  5. Theft accompanied by actual forcible and violent breaking into or out of the buildings or any attempt thereto excluding theft by any member of the insured’s household. For purposes of this clause, domestic servants shall not be considered as insured’s household.

5.2 All Risks

Loss of or damage to the property described in clause 4 above by any cause (other than as stated in the Exceptions) occurring during the Period of Insurance, an excess of Kshs 2,500/- each and every loss.

6. How to subscribe to the Service

  1. To opt into the Service,

  2. Dial *400#;

    1. Select “Home Insurance”

    2. Select “My Existing Accounts”

    3. Select “Get Home Insurance”

  3. Select your Fibre to the Home Account Number; vi. Select your preferred Home Insurance Package; (b) You will be required to confirm that you have read these Terms and Conditions and enter your M-Pesa pin. M-Pesa is only available option to make payment for this service.

  4. You will receive an SMS prompting you to complete registration on the Jubilee website in order for the insurance cover to come into effect.

  5. You can pay for your Home Insurance package in monthly instalments.

  6. The insurance cover available is annual from the initial date of payment and at no time shall the cumulative settlement exceed the insurance value.

7. Applicable premiums

The applicable premiums based on the estimated monetary value of the devices are as follows:

  

Home Contents

(HC)   

All Risk-(Max 30% of HC)

  

  

Plan

Sum Insured

Sum Insured

Annual

Premium

Monthly

Premium

Hero

Plus

KES 250,000

KES 75,000

KES 3,000

KES 250

Pro

Guard

KES 500,000

KES 150,000

KES 5,700

KES 475

Fortified

Guard

KES 1,000,000

KES 300,000

KES 16,200

KES 1,350

 

8. Claim notification

  1. Claim notification should be done in writing directly to Jubilee within seven (7) through their contact number - 0709 949000 or Email - callcenter@jubileekenya.com or through any Jubilee Insurance branch.

  2. You should notify the police beforehand within twenty (24) hours of any loss or damage due to theft, malice, riot and strikes.

  3. Your claim will be registered and a claim reference number will be issued upon acknowledgement within twenty four (24) hours.

  4. Notifications in the event of property damage must be accompanied by following documents:

    1. Filled claim form.

    2. Technical Report indicating the extent & cause of damage to the item(s). This is to be obtained from a repairer who has diagnosed the damaged property.

    3. Proof of purchase including but not limited to invoices, receipts, importation documents, warranty card of the damaged item(s)

    4. Repair Invoice (if repairable).

    5. Replacement Invoice – (if irreparable).

    6. Salvage item(s) if irreparable to be surrendered to Jubilee Insurance before payment.

  5. Notifications in the event of theft must be accompanied by following documents:

    1. Filled claim form

    2. Police abstract report form

    3. Handset blockage certificate from the network service provider (mobile phone only).

    4. Purchase Invoice of the lost item(s).

    5. Replacement Invoice.

    6. Accessories left behind (if any).

  6. All claims (accidental damage/loss or theft) will be settled by Jubilee within twelve (12) working days upon submission of full documentation. Claim will be settled based on exceptions contained in clause 5 above.

9. Other Terms

  1. Cancellation of the insurance cover will only be effected during the term of the insurance cover and no premiums shall be refunded.

  2. You can submit a claim even when paying your premiums monthly. However, for the claim to be processed, you will be required to pay the difference that is due for your annual premium.

10. Extension of Terms

Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Service at any time. In any of these events, notice will be given via media advertisements and will be effective immediately or as at the date referred to in such notifications.

SAFARICOM SECURENET SERVICE

 TERMS AND CONDITIONS FOR SAFARICOM SECURENET SERVICE

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The following terms and conditions apply to the Safaricom SecureNet Service (the “Service”). By you indicating that you would like to use this Service by signing or selecting a service plan that includes the Service or by opting-in to receiving the Service, you acknowledge you have read and agree to these terms.

1. The Service

The Service will offer protection against security threats including viruses, Trojans, spyware, adware and unwanted programs. It will also help protect you from harmful websites such as phishing websites or sites that might contain viruses. You do not need to download or install anything in order to use the Service, it is provided over the Safaricom Network.

2. Eligibility

This Service is open to all new and existing customers who have signed up for the Safaricom Home Fibre and Safaricom Home Fibre Plus in the selected ready areas (Fibre Zones).

3. Launch of Service

This Service will launch on 7th June 2019.

4. Promotion at Launch

To welcome you to the Service, there will be a promotion for ninety (90) days from 0000Hrs 7th June 2019 to 2359hrs 3rd September 2019 where Safaricom will avail the Service to you at no cost for the first thirty (30) days during the promotional period. Thereafter you will be charged the fee provided for in clause 7 below.

 5. How to Participate 

  1. You will access the Service when renewing or changing your plan by dialling *400#.

  2. Select “Manage subscription;”

  3. Select “Select Option: Fibre or Fibre plus;”

  4. Select “Select Option: Existing account;”

  5. Select “Select Option: Renew or Change plan;”

  6. Select “Select Option: Select account;”

  7. Select “Select Option: Opt in and accept T&Cs;”

  8. Confirm the purchase and enter your M-Pesa pin.

  9. You will be subscribed to the SecureNet Service.

6. Summary of the Service

The Service allows you to manage your Home Internet usage with the below controls:

  1. Antivirus

  2. Anti-phishing

  3. Antispam

  4. Content Filtering also referred to as parental control.

    1. Blocking URLs, keywords, categories, unsafe files

    2. Set up quiet time: Timer or a scheduler

    3. Check reports

 

7. Price of the Service

The monthly fee for the Service is Kshs. 200.00.

8. Limitation of the Service

  1. You are responsible for the cost of your device and connection. Safaricom may modify system requirements for the Service at any time.

  2. Safaricom is not legally responsible for the operation of your device or any of the devices running on your Safaricom Home fibre that are used to access the Service. For the Service to work, your device(s) must be switched on and you must be connected to the Safaricom Home Fibre network.

  3. The Service does not backup your data, for example photos or contacts.

9. Warranty

  1. The use of the Service is subject to the use and availability of Safaricom Home Fibre connection.

  2. The Service is provided ‘as is’ and as far as we are able to under the law we exclude all representations, warranties, conditions and other terms not expressly stated in these terms, including any implied warranties or conditions as to non-infringement of third party rights and fitness for a particular purpose in relation to your use of the Service and related software.

  3. While we monitor the Service, and will aim to fix all bugs and errors with the Service that we are aware of, we do not warrant that your use of the Service will be error-free, uninterrupted, available at all times, or that it will protect against all possible security threats.

10. General terms of the Service

  1. Safaricom grants you a personal non-exclusive, non-transferrable licence to operate the Service, related software via your connection to the Safaricom Network. Safaricom and its licensors own all intellectual property rights in the Service, related software and you will not have any right, title or interest in these apart from the right to use them in accordance with these terms.

  2. The Service is for your personal, non-commercial use only, to be used on your connection. You may only use the Service for one connection; any additional connections will require an additional setup or registration.

11. Other terms

You can find answers to commonly asked questions about the Service by visiting our FAQ section on www.safaricom.co.ke.

12. Extension of Terms

  1. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom Home Fibre Terms and Conditions, Fixed data Terms & Conditions 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. 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.

 

PETRO OIL KENYA LIPA NA MPESA PROMOTION

 TERMS AND CONDITIONS FOR PETRO OIL KENYA LIPA NA MPESA PROMOTION

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The following terms and conditions apply to Petro Oil Kenya Limited customers who make payments via LNM (Lipa na Mpesa)(“the Campaign”) and by participating in the Campaign, these Terms and Conditions will automatically apply to you (“the Customer”) and you will be deemed to have read, understood and accepted them.

1. Definitions

  1. “Customer” means registered M-PESA User eligible to participate in the Campaign;

  2. “You” or “Your” means the Customer.

2. Eligibility

This Campaign is open to all M-PESA registered customers who pay via LNM to any Petro oil ltd Tills.

3. Promotion

The promotion gives a Cashback reward Customers who pay via LNM to any Petro oil ltd Tills 

4. Qualifying Transactions

 To qualify for the rewards under the Campaign, you must pay via LNM to any Petro oil ltd Tills (“Qualifying Transactions”).

5. How to Participate

  1.  M-PESA registered Petro Oil Kenya customers will be automatically opted-in when they pay via LNM to any Petro oil ltd Tills.

  2. Upon making payment, you will receive a reward SMS and be automatically rewarded with the Cashback.

  3. You will receive 1% Cashback of the amount paid via M-PESA.

6. Rewards

Qualifying Transaction

Target

Reward

 

 

 

Pay via LNM to any Petro oil ltd

Tills

Minimum of kshs.1000  paid for fuel per transaction

1% of Payment Amount

7. Promotion Period

The Campaign will run for four (4) months from 17th June 2019 to 17th September 2019.

8. Customer Support

For any queries you can contact Safaricom on:  100 for prepaid customers or 200 for post-paid customers.

9. General Terms

The utilization of Rewards gained under the Campaign shall be subject to the standard applicable rates for various service offerings provided by Safaricom to its subscribers.

10. Other Terms

  1. These Terms and Conditions are supplemental to and subject to the “M-PESA Customer Terms and Conditions”, available at safaricom.co.ke and the terms and conditions for other Safaricom Services that you may be using.

  2. Safaricom reserves the right to amend or vary these Terms and Conditions or to withdraw the Campaign at any time. In any of these events, notice will be given via SMS to the eligible subscribers and will be effective immediately or as at the date referred to in such notifications.

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

 

Mobile Trade Credit Terms and Conditions

GENERAL TERMS AND CONDITIONS  FOR MOBILE TRADE CREDIT TERMS AND CONDITIONS

 

1.  THE AGREEMENT  

  1. This Agreement sets out the complete Terms and Conditions (Terms and Conditions) which shall apply when You use the Mobile Trade Credit Service by Safaricom and is available at Safaricom’s website located at www.safaricom.co.ke (the “Website”). 

  2. Any amendments or variations made to these Terms and Conditions shall take effect on their date of publication or as otherwise provided in such amendment or variation and shall be posted on the Website. 

 2.  DEFINITIONS AND INTERPRETATION  

2.1.  In these Terms and Conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings: 

2.1.1 “Calendar Week” means any period of seven consecutive calendar days, including for the avoidance of doubt Friday, Saturday, and any public holidays. 

2.1.2 “Customer” means Small Scale Retailer. 

2.1.3 “DSA” means Dealer Sales Agent

2.1.4 “Effective Date” means day of the pilot launch

2.1.5 “Lender” means a limited liability company duly incorporated and carrying out the business of financial services or a duly authorized bank or financial institution licensed to operate within the Republic of Kenya; 

2.1.6 “Loan” or “Loan Amount” means the amount requested by the Small Scale Retailer on a credit basis to restock Safaricom Airtime in accordance with these Terms & Conditions; 

2.1.7 “M-PESA” means the money transfer and payments service provided by Safaricom through the M-PESA System; 

2.1.8 “M-PESA Account” means a record maintained by Safaricom corresponding with the amount of electronic money from time to time held by the Small Scale Retailer with Safaricom and represented by an equivalent amount of cash held by the Trustee in trust in accordance with the M-PESA Declaration of Trust and the M-PESA Customer Terms and Conditions; 

2.1.9 “M-PESA Declaration of Trust” means together the Declaration of Trust dated 23 January 2007 and the amendment deed dated 19 June 2008 executed by the Trustee under which the Trustee holds all amounts of cash received on the Customer’s account on trust; 

2.1.10 “M-PESA Subscriber” means any person registered to use the M-PESA System to send or receive money or make payments; 

2.1.11 “M-PESA System” means the system operated by Safaricom in Kenya for the provision of the M-PESA Service using the Network; 

2.1.12 “MSISDN” means the unique Mobile Subscriber Integrated Service Digital Network

Number issued to a Safaricom subscriber and is used to identify the subscriber on Safaricom’s Network; 

2.1.13 “Network” means Safaricom’s mobile cellular network; 

2.1.14 “Pilot Period” means the fixed term right granted by Safaricom to the Small Scale Trader to trial, access, use, and/or benefit from the Services being…… calendar days starting from the Effective Date, after which period the Services, or access or use of the Services, will no longer be made available to Merchants. 

2.1.15 “Request” means an instruction received by Safaricom from Your mobile phone handset and MSISDN and made via the USSD System and upon which Safaricom is authorized to act; 

2.1.16 “Safaricom” means Safaricom PLC, a duly licensed converged telecommunications service provider incorporated in Kenya as a limited liability company under the Companies Act (Cap 486 of the Laws of Kenya); 

2.1.17 “Service” means the Safaricom service offered by Safaricom in which Small Scale Traders can secure funds on credit and make payments to repay the funds advanced in accordance with these Terms and Conditions; 

2.1.18 “Service Period” shall have the meaning provided under clause 6.2 of these Terms and Conditions; 

2.1.19 “SMS” means a short message service; 

2.1.20 “STK means Sim Tool Kit; 

 2.1.21 “System Menu” means the USSD System menu accessible on the Network and through the Customer’s MSISDN for purposes of issuing instructions and/or Requests to Safaricom in order to access the Service; 

2.1.22 “Trustee” means the M-PESA Holding Company Limited; 

2.1.23 “USSD” means the Unstructured Supplementary Service Data System; 

2.1.24 “USSD Designated Code” means the USSD system code number assigned by which the Customer may access the Service through Safaricom’s Network; 

2.1.25 “USSD System” means the USSD service in which the Customer may instruct Safaricom and operate the Services, the USSD System is accessed by dialing the USSD Designated Code;

 2.1.26 “We” “our” and “us” or its variants means Safaricom and includes the successors and assigns of Safaricom; and 

2.1.27 "You" or " Your" or its variants means the Small Scale Trader; 

 

2.2.  Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 

2.3. Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement. 

3.  ACCEPTANCE OF THE TERMS AND CONDITIONS 

3.1.  These Terms and Conditions apply and shall take effect once You register for the Service (“Effective Date”). By using or continuing to use the Service, You are considered to have read, understood and accepted these Terms and Conditions and to be legally bound by these Terms and Conditions. 

3.2  For the avoidance of doubt, Customers shall remain liable for all outstanding Loan Amounts not repaid prior to the end of the Pilot Period. 

3.3.  These Terms and Conditions may be amended or varied by Safaricom from time to time and Your continued use of the Service constitutes Your agreement to be bound by such amendment or variation. 

 4.  REGISTERING FOR AND USING THE SERVICES 

4.1. In order for You to use the Services, You must have a registered number on the Safaricom Network. 

4.2.  Access to the Service shall be through the USSD Designated code or any other designated channel (App/ Web/STK) on Safaricom’s Network. 

4.3.  All instructions to Safaricom to activate an Account or for use of the Service shall be made electronically through USSD that will only be accessible to You through the USSD Designated Code or any other designated channel (App/ Web/STK) 

4.4.  To activate the Service, You must dial the USSD (App/ Web/STK) Designated Code and select the option made available on the System Menu for purposes of accessing the Services. 

4.5.  On the USSD (App/ Web/STK) System Menu, You will be required to accept these Terms and Conditions. 

4.6.  Upon successful activation, You will receive an SMS confirming successful registration and informing You of Your credit limit. 

4.7  Upon completion of a successful Loan application request You will receive text messages confirming processing of the Loan application and verification of release of funds to the DSA. 

4.8.  You will be required to enter Your M-PESA PIN at all times before You can request or pay a loan. 

 

5.  REQUESTING FOR A MOBILE TRADE CREDIT LOAN 

5.1.  You may request for a Mobile Trade Credit Loan by selecting and validating the option on the Service Menu made available for that purpose.   You can only apply for a Loan amount that is within Your approved limit.

5.2. Upon successful completion of the Loan application request, if You requested a Loan, You will receive an SMS advising that the money has been disbursed to the DSA.  The DSA will then deliver the Airtime.   In the case You made a request and Your Loan application was unsuccessful You will receive an SMS advising You on the reason for the rejection. 

5.3  You can only request for a new Loan upon fully repaying any earlier Mobile Trade Credit Loan.

6.  REPAYING THE LOAN 

6.1.  You will be solely responsible for ensuring that the Loan Amount is fully repaid in accordance with this clause 6. 4.

6.2.  You will be required to repay the Loan Amount within one (1) Calendar Week from the disbursement date of Your Loan Amount (“Service Period”). If at the end of the Service Period You have not repaid the Loan, Your repayment period shall be extended by one (1) Calendar Week from the end of the Service Period (“Service Period Extension”). 

6.3.  To repay the Loan during the Service Period or the Service Period Extension, You will be required to select whether You intend to settle the full Loan Amount or a partial repayment of the Loan Amount on the System Menu. You will then be prompted to confirm whether You will be repaying the partial or full Loan Amount from Your nominated M-PESA Account. The System Menu will notify You on the balance of the Loan Amount and prompt You to enter Your M-PESA PIN. 

6.4 To repay the Loan during the Service Period Extension you must select the option for repayment of the full Loan Amount on the System Menu. You will then be prompted to confirm whether you will be paying the full Loan Amount from your M-PESA Account. The System Menu will notify You of the balance of the Loan Amount and prompt you to enter Your MPESA PIN. 

6.5.  Upon successful completion of the re-payment request made pursuant to clause 6.2 or 6.3, You will receive an SMS confirming that the re-payment has been received and the status of the Loan Amount including whether or not the Loan Amount has been fully repaid. 

6.6.  If Your M-PESA Account does not have sufficient funds to fulfil the re-payment Request then You will receive an SMS informing them You that the payment Request was unsuccessful. 

7.  CHECKING LOAN STATUS  

7.1.  You may check the balance of Your Loan Amount by selecting the option made available for that purpose on the System Menu. 

7.2.  You will receive a message on the System Menu, confirming the status of any Loan Amount outstanding and the repayment due date of such Loan Amount. 

8.  FAILURE TO REPAY LOAN 

8.1.  We will use reasonable efforts to notify You of the outstanding Loan Amount prior to expiry, upon the expiry, and after the expiry of the Service Period by way of text message notifications. Notwithstanding the foregoing, it is Your responsibility to ensure Your Loan is paid within the Service Period or Service Period Extension. 

8.2. To qualify for a new Loan, You will be required to first repay in full the total outstanding Loan Amounts within that Loan’s Service Period or Service Period Extension. 

8.3.  You agree that Safaricom or its partners engaged in the provision of the Service may forward Your credit information to a licensed credit reference bureau for blacklisting if You do not repay the balance of the Loan Amount within the Loan’s Service Period, or Service Period Extension. Additionally, You agree that Safaricom may recruit a specialized loan recovery agency for the purpose of recovering any outstanding Loan Amount and/or transaction charges if You do not repay the Loan Amount within the applicable Service Period, or Service Period Extension. 

8.4.  In addition to the above, in the event that You do not repay the Loan Amount, before the expiry of any Service Period Extension, You will not be permitted to use, or have any access to, the Service until the Loan Amount is repaid in full. 

8.5.  You agree that following any action that we may take pursuant to this clause, that such credit reference bureau that has received Your credit information may reasonably act on such information to blacklist You from obtaining any futures Loans or other credit facilities (including those advanced by any third party) and that Safaricom may reasonably act on such information to prevent You from using any of its Services or products. 

 

9.  DISCLOSURE OF INFORMATION  

9.1.  By registering for the Service, You authorize us to reveal, receive, record or utilize Your information or data (including transaction data relating to M-PESA) relating to Your use of the Service: 

9.1.1. to any local or international law enforcement or competent regulatory or governmental agencies for purposes of aiding in the prevention, detection, investigation or prosecution of criminal activities or fraud; 

9.1.2.  to a Credit Reference Bureau; 

9.1.3.  to a third party involved in the provision of the Services and the Lender; 

9.1.4.  to our lawyers, auditors, debt collectors, loan recovery agencies or other professional advisors or to any court or arbitration tribunal for the purposes of any proceedings; 

9.1.5.  for reasonable commercial purposes connected to Your use of the Services, such as marketing and research related activities; and 

9.1.6.  for any business practices including but not limited to quality control, training and ensuring effective systems operation. 

9.2.  You acknowledge that we may retain Your transaction data for a period of up to seven (7) years or as may be required by any law or regulation. 

9.3.  We respect Your privacy and at all times we will endeavour to ensure that that information shared with any third party in accordance with clause 9.1 is shared on confidential basis and strictly to the extent necessary for purposes provision of the Services or for any purpose set out under these Terms and Conditions. 

 

10.  INDEMNITY AND EXCLUSION OF LIABILITY 

 

10.1.  Access to the Service may be affected by factors outside our control such as system downtime or failure. Uninterrupted access may also arise as a result of scheduled or unscheduled periodic testing, repair, upgrade or maintenance and other factors. We will use all reasonable efforts to ensure that Your Loan Requests are processed in a timely manner and in accordance with the requirements of the law. Notwithstanding the foregoing, we do not make any representations or warranties as to continuous, uninterrupted or secure access to the Service. 

 

10.2.  In return for the provision of the Services by ourselves, You agree to protect us and absolve us against any law suits, losses, charge, damage, liability, expense (including legal fees), fee or claim that we may suffer, incur or otherwise as a result of our provision of the Services to You. The protection and absolution You provide also includes any claim made by a third party against us that may result from You being in breach of these terms and conditions. 

 

10.3.  While we will make every commercially reasonable effort to ensure that You receive proper Service, we will not be responsible to You or to any other person claiming under You for any losses or damage, regardless of the nature in connection with the following unless procured through our own wilful default or fraud: 

10.3.1  a failure, malfunction, interruption or unavailability of the USSD System, Your mobile phone apparatus, the Network or the M-PESA System or the unavailability or any delays in disbursement of the Loan Amount; 

10.3.2  Your failure use or to give proper or complete instructions using the USSD System; 

11.3.3  any fraudulent or illegal use of the Service, the USSD System, the M-PESA System and/or Your mobile phone apparatus; 

10.3.4  any loss that may arise as a result of any negligence on Your part including revealing Your Service PIN to a third party 

10.3.5  Your failure to comply with these Terms and Conditions; or 

10.3.6  other circumstances whatsoever not within our control including, without limitation, force majeure, error, interruption, delay or non-availability of the M-PESA System, the USSD System, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system, lack of available resources, strikes or labour disputes. 

10.4.  We will not be responsible for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Service even where the possibility of such loss or damage is notified to us. 

10.5.  We exclude any warranty and obligations that are implied by law and not set out in this Agreement to the extent that we are permitted by law. 

10.6.     In the event of any liability arising under these terms and conditions as a result of which we are found legally responsible You agree that our maximum aggregate liability to You or to any other person shall be limited to the Loan Amount outstanding at the time such liability arose. 

 

11.  INTELLECTUAL PROPERTY RIGHTS  

You agree that the intellectual property rights in the USSD System, the M-PESA System, the Service (and any amendments, upgrades or enhancements made) and all associated documentation that we provide to You through the USSD System or the Service or otherwise are vested either in us or in other persons from whom we have a right to use and to sub-license the USSD System and/or the Service or the M-PESA System and the said documentation. You acknowledge those rights and You agree not to infringe such intellectual property rights. You will not duplicate, reproduce or in any way tamper with the M-PESA System, the USSD System or the Service and associated documentation without our prior written consent. 

 

12.  SUSPENSION AND TERMINATION  

12.1.  We may at any time, upon notice to You, suspend, terminate or vary our business relationship with You. 

12.2.  We may cancel credits or Loans which we have granted and require the repayment of outstanding debts or Loans immediately or otherwise upon notice. 

12.3.    We have a right to suspend the Services: 

12.3.1. if You use the Service for any unauthorized purposes; 

12.3.2. if we detect any abuse/misuse, breach of content, fraud or attempted fraud relating to Your use of the Service; 

12.3.3. if we are required or requested to do so in order to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority; 

12.3.4. if we reasonably suspect or believe that You are in breach of these Terms and Conditions; 

12.3.5. if You fail to repay the Loan Amount accrued for more than the calendar days applied for. 

12.3.6. If required to do so to address technical problems or for reasons of ensuring safety; 

12.3.7. to facilitate update or upgrade the contents or functionality of the Service from time to time; 

12.3.8. if we decide to suspend or cease the provision of the Service for commercial reasons or for any other reason as we may reasonably determine. 

12.4.  You may opt out of the Service by deregistering an Account using the option made available for that purpose under the System Menu. 

12.5.  Termination shall however not affect any rights and responsibilities of either party that arose prior to termination, including repayment of any outstanding Loan Amount. 

 

13.  NOTICES 

13.1.  We may communicate information concerning the Service to You via SMS, text message notifications or in such other publicly available medium including our Website or in the local dailies. 

13.2.  You agree not to bring any claim against us for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the Service. 

 

14.  CUSTOMER CARE 

You may contact us through our customer care centre lines or other customer care contacts provided on our Website to report any disputes, claims or discrepancies in the Service. Our customer care representatives shall handle the report in accordance with our standard complaint handling procedures. 

 

15.  GENERAL  

15.1.  If any clause or part of these terms and conditions is found to be in conflict with any applicable law such clause will be severed and subject to amendment, modification or deletion by us without affecting the validity or enforceability of the remaining terms and conditions. 

15.2.  These Terms and Conditions constitute together with the schedules constitute the entire agreement between us with respect to the Service. 

15.3.  We reserve the right to solely amend or review these Terms and Conditions from time to time as we introduce new functionalities to the Service or as may be required by law. Such amendments or variations will be notified to You on the Website and by Your continuing to operate the Service You shall be considered to have accepted those variations and amendments. 

15.4.  You may not assign any right or obligation that may arise under these terms and conditions without our consent. 

15.5.  You agree that our rights will not be lessened or restricted or denied because of any leniency or restraint extended by us to You by any delay in exercising or failure to exercise any of our rights unless provided to You in writing and signed by our duly authorised representative. No waiver by us of any breach of these terms and conditions by Yourself shall operate as a waiver of any subsequent breach. 

15.6.  No provision of this Agreement creates a partnership between us or makes You or us a commercial agent of the other for any purpose. Neither of us except where expressly provided in these terms and conditions has any authority or power to bind, to contract in the name of, or to create a liability for the other in any way or for any purpose. 

15.7.  Nothing in these Terms and Conditions shall be read as preventing any party from pursuing any other remedy available to it under law.

M-PESA Pay Bill

TERMS AND CONDITIONS FOR M-PESA PAY BILL

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 1. PREFACE

These terms and conditions form the contract between: ________________Limited of P.O. Box _______________ Code __________________City/Town ___________(hereinafter Client, which expression shall include its successors in title and assigns) and Safaricom Limited of P.O. Box 66827 Westlands – 00800, Nairobi (hereinafter Safaricom, which expression shall include its successors in title and assigns).This agreement together with the annexures hereto (together “the Agreement”) contains the complete terms and conditions that apply to Client’s participation in Safaricom’s M-PESA mobile payment system (hereinafter Pay Bill Services) and supersedes all other agreements entered into between the Client and Safaricom in relation to the provision of M-PESA Pay Bill Services. By executing this document the Client agrees that it is affi rmatively stating that it has carefully read and understood the terms and conditions set forth herein and agrees to be bound by the said terms and conditions.

2. DEFINITIONS AND INTERPRETATION

  1. In this Agreement, unless the context otherwise requires,  the following words and expressions shall have the following  meanings:-

    1. “Business Day” means any day of the week not being a weekend, gazetted public holiday or designated bank    holiday within the Republic of Kenya;

    2. “Business Number” means a destination code or numbering plan created by Safaricom for the identifi cation of M-PESA Pay Bill Accounts;

    3. “Cash” means currency notes and coins constituting the legal tender of the Republic of Kenya which, as the context requires: may be offered by a Customer in exchange of E-Money  through the M-PESA system and subsequently credited to the Client’s M-PESA Pay Bill Account; and may be paid to the  Client pursuant to a Withdrawal Request Instruction given by the Client to Safaricom;

    4. “Confi dential Information” means, without limitation, all  information, software, data, manuals, concepts relating to  marketing methods, products, developments, business and  fi nancial affairs and trade secrets, and other information of  value to a party and not generally known, (whether or not  designated as “confi dential information” by any Party and  whether written, oral or in electronic form) and any other  information clearly designated by a Party as “confi dential  information” or that is evidently confi dential by its nature or the  nature of its disclosure, and includes the terms of this Agreement;

    5. “Customer” means an M-PESA user who uses the M-PESA System to pay Bills due to The Client and “Customers” shall be  construed accordingly; 

    6. “E-Money” means the electronic value issued by Safaricom  and representing an entitlement to an equivalent amount of the  Cash held by the Custodial Trustee in respect of the acquisition  of such electronic value;

    7. “Effective Date” means the date upon which the Client’s M-PESA Account is activated by Safaricom;  “EFT” means electronic funds transfer of the Client’s  entitlement to Cash held in its M-PESA account, from the Trust  Account to the Client’s designated bank account and includes  Real Time Gross Settlement transfers;

    8. “Intellectual Property Rights” means, in respect of each Party,  such Party’s proprietary rights, title and interest in and to any  and all names, logos, trade marks, copyrights, patents and all  other intellectual property of whatever nature, description or  form, vesting in that Party as at the Effective Date or acquired  by such Party at any time after the Effective Date;

    9. “M-PESA Pay Bill Account” or “M-PESA Account” means the  account belonging to the Client created in the M-PESA system  which pools funds collected through the M-PESA Pay Bill Service;

    10. “M-PESA Service” or “M-PESA Pay Bill Service” or “Service”  means the mobile money transfer service provided by  Safaricom and envisaged under this Agreement (including the  procedure, systems, and software that Safaricom has  developed) through which Customers can make payments to  the Client under the Pay Bill functionality (irrespective of  whether or not the payment is in respect of the settlement of  an obligation or the creation of a liability);

    11. “M-PESA System” or “M-PESA” means the system operated  by Safaricom providing the M-PESA Services and “M-PESA  User” means either of The Client or the Customer participating  in the M-PESA system;

    12. “M-PESA Website” means the site located at  http://www.m pesa.com;

    13. “MSISDN” means the Mobile Subscriber Integrated Services Digital Network Number issued to the M-PESA User  which uniquely identifi es the M-PESA User on the Safaricom Global System for Mobile Telecommunication “GSM” Network and is used to connect the Customer with other subscribers  and includes a Pin Unlocking Key (“PUK”) for accessing the Safaricom Network;

    14. “Network” means the Global System for Mobile telecommunication (“GSM”) system operated by Safaricom and covering those areas within the Republic of Kenya as stipulated from time to time by Safaricom;

    15. “Territory” means the Republic of Kenya; 

    16. “Transaction” means any movement of e-money or cash from one M-PESA system participant to another pursuant to    instructions initiated on the M-PESA System and includes reversals.

    17. “Trust Account” means the trust account comprising Cash  held in a commercial bank by the Custodial Trustee for and on behalf of all M-PESA users.

    18. “Trustee” means the M-PESA Holding Company Limited which,  under a Trust Deed, holds Cash paid into the Trust Account in  trust for all M-PESA customers;

    19. “Trust Deed” means together the Declaration of Trust dated 23rd January 2007 and the Amendment Deed dated 19th June  2008 executed by the Trustee constituting the trusts under  which the Trustee holds all amounts of cash received for the  Account of each system participant in trust for you upon the  terms and conditions therein specifi ed. These documents are  available for inspection at safaricom.co.ke

    20. “Withdrawal Request Instruction” means an instruction given  to Safaricom by the Client requesting Safaricom to redeem Cash  on the Client’s behalf in exchange of the E-Money held in the  Client’s M-PESA account and to send it by EFT to the Client’s  nominated bank account.

  2. In this Agreement (including the recitals), unless the  context otherwise requires:

    1. Words denoting the singular shall include the plural and  vice versa and reference to the masculine gender shall include  a reference to the feminine gender and neuter and vice versa;    

    2. References to clauses are references to the clauses of    this Agreement;

    3. References to “Parties” shall mean the parties to this  Agreement being Safaricom and the Client and to “Party” shall  mean either of them as the context may indicate; 

    4. The expression “person” includes a natural   person, body corporate, unincorporated venture, trust, joint  venture, association, statutory corporation, state, state agency,  governmental authority or fi rm; and

  3.  Headings to clauses are used for convenience only and shall  not affect the construction and interpretation of this Agreement.

3. DURATION OF AGREEMENT

  1. Subject to the provisions for earlier termination as provided in this Agreement, this Agreement shall be for an initial period of twelve (12) months (the “Initial Term”) from the Effective Date.           

  2. Upon expiry of the Initial Term, this Agreement shall  automatically renew for a further renewal periods of twelve (12) months each (each period being a “Renewal Term”) on the terms and conditions appearing herein or as may be amended in writing unless terminated in accordance with the terms of  this Agreement.

4. OPERATION AND SCOPE

  1. Use of the M-PESA Service by The Client shall be subject to     the terms of this Agreement; the M-PESA website access  term and conditions as may be notified to the client; and the Customer Terms and Conditions as may be published by  Safaricom from time to time, and the Client hereby agrees to  abide by the M-PESA operational procedures as may be prescribed by Safaricom from time to time. 

  2. With effect from the Effective Date and for the duration of the Initial Period, Safaricom shall:

    1. Allocate a Business Number or Business   Numbers through which Customers may make payments to the Client’s M-PESA Account through the M-PESA Pay Bill Service functionality. For the avoidance of doubt the Business Number or Business Numbers remain the property of  Safaricom at all times and Safaricom may, with reasonable prior notice to the Client, re number, re-assign, re-allocate or withdraw a Business Number or Business Numbers PROVIDED that Safaricom shall not tamper with the balances held in the Client’s M-PESA account;

    2. Grant secure access rights to the M-PESA Website  through which the Client may manage its M-PESA Pay Bill  Account. For the avoidance of doubt the M-PESA Website is  proprietary and any material downloaded from it (including without  limitation, statements, screen shots, etc) shall be Confidential Information.

    3. Provide customer service support to the Client and address any issues escalated by the Client;

    4. Provide customer service support to Customers using the M-PESA Pay Bill Service;

    5. Credit the Client’s M-PESA account with E-Money upon receipt of E-Money paid through the M-PESA System by Customers;

    6. Prepare on demand and in any event within seventy two  (72) hours (the “Settlement Period”) an EFT of the Cash  equivalent of accrued E-Money (less any charges and  commissions) to the Client upon receiving a Withdrawal  Request Instruction PROVIDED ALWAYS that where such  instruction is made on any day preceding a weekend or a bank  holiday, computation of the Settlement Period shall commence  on the next Business Day;

  3. With effect from the Effective Date and for the duration of  the Initial Term, the Client shall:-

    1. Reconcile payments received on the M-PESA System  through its M-PESA Pay Bill account to ensure that all payments are receipted;

    2. Initiate Withdrawal Request instructions to Safaricom for  redemption of accrued E-Money;

    3. Authorize Safaricom to debit charges and commissions to its Pay Bill account for providing the service;

    4. Comply with Safaricom’s fee schedule for using the M-PESA Pay Bill Service or as may be notifi ed to it in writing;

  4. The Client undertakes that it shall at all times comply with such  reasonable bulletins or guidelines as may be communicated to  The Client by Safaricom in writing from time to time.

  5. The Client’s Customer Service Information and Registration  Particulars for the purposes of this Agreement are as set out in  Schedule 3 and Schedule 4 respectively.

5. ACTIVATION OF PAY BILL ACCOUNT

  1. This agreement comes into effect upon activation of the M-PESA Pay Bill Account by Safaricom following the passing  of all KYC vetting procedures conducted on the Client by  Safaricom.

  2. Prior to activation of the M-PESA Account, the Client shall ensure it has provided Safaricom with the necessary Know Your Customer (KYC) documents as may be prescribed by  Safaricom.

  3. Safaricom shall carry out the necessary due diligence following  which, if satisfi ed as to the suffi ciency of the KYC documents  provided by the Client, shall activate the Client’s Pay Bill  Account.

  4. If the Client fails to produce the necessary KYC documents  as set out in 5.2 above, or fails to satisfy the minimum KYC  requirements, Safaricom will refuse to activate the M-PESA  Pay Bill account and accordingly advise the Client as such (in  which case this Agreement shall be null and void). For the  avoidance of doubt, Safaricom’s refusal to activate the  M-PESA Pay Bill account shall neither confer on the Client any  right to contest Safaricom’s decision nor give rise to any legal  claim against Safaricom under this Agreement.

6  REVERSALS

  1. The Client shall within a reasonable period (but in any event no later than 72 hours) initiate and complete reversal  transactions where a payment made to it is manifestly  made in error.

  2. Where the Client fails or refuses to complete the reversal in accordance with clause

  3. Safaricom shall, having due  regard to the circumstances of the erroneous payment, complete the reversal.

  4. Where a dispute in relation to a reversal arises, Safaricom  may suspend the Client’s M-PESA Pay Bill account to facilitate  an amicable resolution of the dispute.

 

7. SERVICE FEES

  1. The Service shall be subject to the Charges and Transaction Values set out in Schedule 1 (as annexed to this agreement  and signed off by the Parties).

  2. Safaricom may by notice and from time to time vary the  Charges and Transaction Values.

  3. Amounts to be transacted by Customers using the M-PESA  System are subject to transaction and account limits set on  the M-PESA System as prescribed in Schedule 1 (Charges and  Transaction Values) or as may be varied by Safaricom in writing  from time to time.

8. CONFIDENTIALITY

  1. Each party undertakes and warrants that it will treat in  confidence all Confi dential Information related to and received  from the other party, which it acquires as a result of the  operation of this Agreement and to afford it the same degree  of confidential treatment as it affords to its own Confidential Information.

  2. Neither party will reveal any Confidential Information of the other to any third party, without the express written consent of  the disclosing party, except where such information is already in the public domain, has been legally acquired by the third  party, or where disclosure of the confi dential information is  ordered by a court or other competent authority.

9 INDEMNITY & LIMITATION OF LIABILITY

  1. Neither Party makes any representation, nor gives any warranty  or guarantee of any nature whatsoever with regard to the  accuracy or correctness of any information or any other aspect  thereof other than that provided for in this Agreement;

  2. Each party shall indemnify the other, and keep each other  indemnifi ed, from and against any and all loss, damage  or liability, whether criminal or civil, suffered, any legal fees and  costs incurred by the other resulting from a material breach  of this Agreement by the party at fault including breaches  caused by any act, neglect or default of a Party or any third  party claim in respect of any matter arising from any person’s  conduct, provided that the liability has not been incurred  directly through any default either Party in relation to its  obligations under this Agreement.

  3. Without prejudice to the foregoing, the Client shall indemnify and keep Safaricom indemnifi ed from, defend Safaricom  against, and pay any fi nal judgment awarded against  Safaricom, resulting from any claim by a Customer arising  from such Customer’s use of the Services leading to loss  or damage where the proximate cause of such loss or damage   is attributable to the Client’s negligence, recklessness,  indifference, delay or failure to receipt or credit a Customer’s account with payment after the Customer has effected payment to the Client on the M-PESA System.

  4. Safaricom shall not be liable to the Client or any other person  where:

    1. The Transaction amount sought by the Customer is below the minimum or above the maximum limits for transactions on the M-PESA System as set out in Schedule 1 (Charges and Transaction Values), except where the Client     makes a request to Safaricom for changes to the minimum or  maximum amount, which variation may be made at the sole discretion of Safaricom;

    2. The Customer has entered an incorrect Business Number  and the payment is made to the wrong MPESA Pay Bill account  holder provided that Safaricom shall, where possible,  use  its best endeavours to reverse such erroneous transaction  upon notifi cation by the Client;

    3. The Client’s hardware, software or internet provider’s  service is not functioning properly; 

    4. The transaction is unauthorised or fraudulent;

    5. The transaction details received do not contain the  correct information;

    6. The Client’s receipt of funds is intercepted by due legal  process or other encumbrance restricting the transfer (e.g.  security reasons); or

    7. Unforeseen circumstances prevent the execution of the Transaction despite any reasonable precautions taken by  Safaricom.

  5. Without prejudice to any other provisions of this Agreement, each of Safaricom and the Client undertakes to indemnify the  other party and keep the other party  indemnifi ed on demand for and against all proceedings, costs, claims, damages,  expenses and liabilities of whatsoever nature howsoever  suffered or incurred arising out of or by reason of: 

    1. Any breach or non-compliance with any terms of this Agreement; or;

    2. Any infringement or alleged infringement of any  intellectual property rights relating to the use of any software  by any person.

 

10   SUSPENSION

Safaricom may, with reasonable notice where practicable,  suspend the availability of the Service to The Client wholly or  partially for any valid reason, including without limitation,  where (i) The Client fails to comply with any rules or regulations  of the Territory regarding the Service; (ii) The Client fails  to observe any term or obligation set out herein; or (iii) the  Client carries on prohibited activities using the M-PESA service  as set out in Clause 13.

11   TERMINATION

  1. Termination on Notice

    1. If either of the Parties commits a breach of any material  obligation imposed on it in terms of this Agreement (hereinafter  the “Defaulting Party”), and fails to remedy such breach within  a period of 30 (thirty) days from the date on which written  notice is given to the Defaulting Party by the other Party  (hereinafter the “Aggrieved Party”) requiring the Defaulting Party to remedy the breach, then the Aggrieved Party shall be  entitled to terminate this Agreement on the expiry of such written notice and the Aggrieved Party shall be entitled to hold  the Defaulting Party liable in damages as a result of such termination.

    2. Either Party may terminate the agreement by giving thirty (30) days prior written notice irrespective of whether the other Party is in material breach of this Agreement.

  2. Termination by Safaricom

    1. Notwithstanding the generality of the foregoing, Safaricom may terminate this Agreement immediately if the  Client uses or is reasonably suspected of using the M-PESA Service in furtherance of any unlawful or criminal activity, including without limitation, tax evasion, money laundering or  terrorism funding activities.

    2. Safaricom may terminate the agreement if the Pay Bill account remains inactive for a period of six (6) months. For the avoidance of doubt, an ‘inactive’ Pay Bill account includes one which has not had any credit entries over a continuous period of six (6) months.

  3. Termination not to Affect Remedies The termination of this Agreement shall be without prejudice to  all accrued rights and obligations of the Parties under this  Agreement and to all obligations under this Agreement  expressed to continue or take effect after expiration  or termination.

 

12. TAXES

  1.  The Client undertakes to declare all income resulting from or in  consequence of using the M-PESA Pay Bill Services to the relevant tax authority and to pay all taxes levies and fees due on such income. Safaricom shall not be liable to the Client  for any disclosure to the relevant tax authority and the Client  hereby indemnifi es Safaricom from any loss or damage arising from such disclosure to the relevant taxing authority.
  2.  It is the Client’s responsibility to determine what, if any, taxes  apply to the payments it receives and to collect, report and remit the correct tax to the relevant taxing authority. Safaricom shall not be obligated to determine whether taxes apply, and  is not responsible for collecting, reporting, or remitting any taxes arising from any transaction.
  3. Without prejudice to the generality of the foregoing, any taxes,  charges, impositions or levies imposed on a Party or on  a Party’s performance of its obligations under this Agreement  (including income taxes, VAT, Excise Tax and Withholding Tax)  shall be paid by that Party, it being solely that Party’s obligation  to collect and remit such taxes to the relevant tax authority.

13 PROHIBITED USAGE & CONDUCT

  1. You agree to not use the M-PESA Pay Bill service to:

    1. Conduct any business that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially,   ethnically or otherwise objectionable;

    2. Impersonate any person or entity, including, but not limited to, a Safaricom offi cial, fellow user, or falsely utter or  otherwise misrepresent your affi liation with a person or entity;

    3. Forge headers or otherwise manipulate identifi ers in order  to disguise the origin of any Content transmitted through the Service;

    4. Conduct any business that causes or permits the uploading, posting, emailing, transmission or otherwise making available any content or information that you do not  have a right to make available under any law or under  contractual or fi duciary relationships (such as inside  information, proprietary and confi dential information learned  or disclosed as part of employment relationships or under  nondisclosure agreements);

    5. Conduct any business that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of  any party;

    6. Conduct any business whether solicited or unsolicited, relating to or remotely connected to SPAM, junk mail, pyramid  schemes, pornography, gaming, gambling or any other form of  solicitation;

    7. Conduct any business that causes or permits the uploading, posting, emailing, transmission or otherwise making any  material that contains software viruses or any other  computer code, fi les or programs designed to interrupt,  destroy or limit the functionality of any computer software or  hardware or telecommunications equipment;

    8. Conduct any business that interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations  of networks connected to the Service;

    9. Conduct any business that intentionally or unintentionally violates any applicable local, or international law, including, but not limited to, laws and regulations promulgated by the  Communications Commission of Kenya, the Central Bank of Kenya or any regulations having the force of law;

    10. Collect or store personal data about other users without their express authority; or

    11. Aggregate payments or create ‘collection accounts’ on behalf of third party persons or entities without the express written consent and approval of Safaricom.

  2. It is hereby acknowledged and agreed that Safaricom may  preserve the Client’s Confi dential Information and may also     disclose  the Client’s Confi dential Information if required to         do so by law or in the good faith belief that such preservation  or disclosure is reasonably necessary to:

    1. comply with legal   process;

    2. enforce the terms of this Agreement;

    3. respond to claims that the Client’s use of the M-PESA Service violates the rights of third-parties; or

    4. protect the rights, property, or  personal safety of Safaricom, its subscribers and the public.

  3. You shall not make available to any third party any Confi dential Information (including without limitation, transaction data) unless compelled by law to do so.

 

14  GOVERNING LAW AND JURISDICTION

 The validity, construction and interpretation of this Agreement  and the rights and duties of the parties hereto shall be governed  by the laws of Kenya.

15  DISPUTE RESOLUTION

In the event that any dispute has arisen and the parties have not been able to settle the same, within thirty (30) days then,  any party may elect to commence arbitration.  Such arbitration shall be referred to arbitration by a single arbitrator to be  appointed by agreement between the Parties or in default of  such agreement within 14 days of the notifi cation of a dispute, upon the application of either Party, by the Chairman for the time being of the Kenya Branch of the Chartered Institute of Arbitration. Such arbitration shall be conducted in Nairobi in accordance  with the Rules of Arbitration of the said Institute and subject to  and in accordance with the provisions of the Arbitration Act 1995.

 To the extent permissible by Law, the determination of the  Arbitrator shall be fi nal, conclusive and binding upon the  Parties hereto. Pending fi nal settlement or determination of a dispute, the  Parties shall continue to perform their subsisting obligations  hereunder. Nothing in this Agreement shall prevent or delay a Party from  making claims or seeking injunctive or interlocutory relief in the  High Court of Kenya.

16 ENTIRE AGREEMENT

This Agreement, together with the schedules hereto, constitutes the entire agreement between the Client and  Safaricom with respect to the subject matter hereof.  There  are no restrictions, promises, warranties, covenants or undertakings other than those expressly set forth herein  and therein.  This Agreement supersedes all prior negotiations, agreements, and undertakings between the parties with respect to such matter.

17 ANNOUNCEMENTS

 The Parties shall not make any press release or any other public  statement relating to this Agreement or the relationship  between the Parties without the prior written consent of all  the Parties.  Once a public statement has been agreed upon  by the Parties, provided the information in that statement  remains accurate, each Party may make other public  statements that are consistent with the original statement  without prior notice to, or consent of, the other Parties.  Notwithstanding the foregoing, a Party may make any public  statements required in order to comply with applicable legal  requirements.

18   AMENDMENT

This Agreement, including its schedules may be amended by  Safaricom by way of bulletin, and notices. You acknowledge  that such bulletin or notices shall be binding and shall have full  legal force as if they were contained in this Agreement.

19   ASSIGNMENT

This Agreement may not be assigned by either party, by  operation of law or otherwise, without the prior written consent  of the other party.

20   NOTICES

Except as otherwise specifi ed in the Agreement, all notices,  requests, approvals, consents and other communications required or permitted under this Agreement shall be in writing and shall be personally delivered or sent by mail, registered or certified, return receipt requested, postage pre-paid, courier service to the address specifi ed above. Notices shall be deemed given on the day actually received by the party to   whom the notice is addressed.

21 COUNTERPARTS

This Agreement may be executed simultaneously in two counterparts, each of which shall be deemed an original, but  all of which together constitute one and the same agreement.

22    WAIVER

No delay or omission by either party to exercise any right or  power it has under this Agreement shall impair or be construed  as a waiver of such right or power. A waiver by any party of  any breach or covenant shall not be construed to be a waiver  of any succeeding breach or any other covenant. All waivers  must be in writing and signed by the party waiving its rights.

23   SEVERABILITY

Any provision of this Agreement held by a court of competent jurisdiction to be contrary to any law shall be severed from the agreement, but such severance shall not render the  remaining provisions of this agreement ineffective. The   remaining provisions of this Agreement will remain in full force  and effect.

24 NO THIRD PARTY BENEFICIARIES 

Each party intends that this Agreement shall not benefi t, or  create any enforceable right or cause of action in or on behalf  of, any person or entity other than the Safaricom and client.

25 FORCE MAJEURE

  1. Notwithstanding any provision contained in this Agreement,  neither party shall be liable to the other to the extent fulfi lment  or performance of any terms or provisions of this Agreement  is delayed or prevented by revolution or other civil disorders;  wars; acts of enemies; strikes; lack of available resources  from persons other than parties to this Agreement; labour  disputes; electrical equipment or availability failure; fi res;  fl oods; acts of God; government or regulator action; or, without  limiting the foregoing, any other causes not within its control,  and which by the exercise of reasonable diligence it is unable  to prevent, whether of the class of causes hereinbefore  enumerated or not.

  2.  If any force majeure event occurs, the affected party will give  prompt written notice to the other party and will use    commercially reasonable efforts to minimize the impact of               such event.

26   GENERAL

  1. The parties shall comply with all legal requirements applicable  to their role in effecting Transactions.

  2. Each of the Parties represents and warrants that none of its  senior offi cers or directors (i) has ever been convicted of any  crime (other than minor traffi c offences); and (ii) has ever been  charged, convicted of (or pleaded guilty or no contest to) any  crime relating to fraud, embezzlement, theft, money laundering,  fi nancing terrorism or terrorist organizations, importing illegal  aliens, receiving stolen property, or illegal drugs or other  controlled substances. Each Party shall, if required, notify the  other in writing within 48 hours after any of these representations  and warranties ceases to be true.

  3. Legal or regulatory requirements may require Safaricom to  obtain and report certain information about the operation of  the Client’s account. In order to comply with any such legal  or regulatory requirements, Safaricom may, within the confi nes  of the law, at any time submit such information as it may  have in its possession to the legal or regulatory authority. The  Client shall assist Safaricom in complying with any such legal  or regulatory requirements and shall deliver promptly any  information that Safaricom reasonably requests for the  purposes of complying with such legal or regulatory  requirements.

  4. None of the Parties  shall at any time publish or cause to  be published orally or in writing to any other person whatsoever  (including to the public or any section of the public) any  information concerning this Agreement or any other  information of any nature whatsoever concerning either Party  or any other matter regarding the internal affairs of either Party,

THE M-PESA TOP-UP PROMOTION

TERMS AND CONDITIONS OF THE M-PESA TOP-UP PROMOTION

Download PDF Version

The following terms and conditions apply to the Promotion (“Promotion”) and by participating in the Promotion you will be deemed to have read, understood and accepted the same:-

1. Eligibility

The Promotion is open to all Safaricom PrePay subscribers both new and old.  PostPay subscribers will be able to top up other Prepay numbers through M-PESA top ups. The Prepay numbers so top-up will earn the bonus air time. 

 2. Promotional Period

The Promotion will run from 12 midnight on 22nd April, 2011 to 11.59 pm on Monday 25th April, 2011.

 3.  Participation

  1. Top up your airtime by any amount daily using M-PESA (“Qualifying Top-Up”):

  2. Upon Top Up you will be awarded 10% extra airtime FREE up to a maximum of Ksh. 1,000 for example:

  3. Top Ups will be restricted to a cumulative value of Ksh. 1,000 daily (“Maximum Top Value”) and any top ups exceeding the maximum top up value during the day will not receive the 10% free bonus airtime.

  4. The Bonus Airtime will be credited to the subscriber’s Bonus Account and will be used up first on ONNET activities in priority to your other air time. To check the bonus air time balance, send an SMS to 144.

  5. The Bonus Airtime may be used for ONNET activities including voice, SMS, MMS, MPESA transactions, settlement of debts owed under Okoa Jahazi as well as for data services.

  6. Usage of the Bonus Airtime does not earn you Bonga Points under the Safaricom Bonga Reward Scheme.

  7. The Bonus Airtime will not be used while roaming.

  8. You will not be able to SAMBAZA the Bonus Airtime

Top-Up Amount

Value of Airtime to be Awarded

50

55

100

110

250

275

500

550

1000

1100

 

4. Expiry of Bonus Airtime

The Bonus Airtime received from the M-PESA top ups described in paragraph 3 above will expire after thirty (30) days from the date the Bonus was earned.  

 

5. Top-Ups that do not qualify  

The following top-ups will not entitle you to the bonus airtime irrespective of the amount that you top up:

  1. Scratch cards of any denomination

  2. Other PIN based virtual top ups such as electronic airtime vouchers, ATM, BAMBA POA  PIN based top up and supermarket till top ups 

  3. Non-PIN based top-ups including Sambaza, Ongea 24/7, Paymate and free airtime redeemed as part of your Bonga Points

  4. Top-ups made using Okoa Jahazi and PrePay roaming top-up vouchers supplied by MTN Uganda, Uganda Telecom and Vodacom Tanzania-Safaricom’s Kama Kawaida partners in East Africa.

 

5. Other Terms

  1. Call, SMS & data rates to all destinations remain as advertised in Safaricom’s current tariff guide.

  2. All calls made before 12 midnight on 22nd April, 2011 and after 11.59 pm on 25th April, 2011 will be charged at your normal tariff rate.

  3. All other applicable rates for use of the Safaricom services remain unchanged.

  4. The Promotion will not be available in conjunction with other promotions and rewards.

  5. The Promotion will be subject to Safaricom’s fair use policy.

  6. Safaricom reserves the right to amend or vary these terms and conditions or to withdraw the Promotion at any time. 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. 

  7. These terms and conditions are supplemental and subject to the standard terms and conditions for the use of the Safaricom PrePay and M-PESA services.

 

 

M-PESA Customer Terms and Conditions

M-PESA CUSTOMER TERMS & CONDITIONS

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This Agreement contains the complete terms and conditions that apply to your participation in Safaricom's M-PESA Mobile Money Transfer Service and supersedes all other agreements entered into between you and Safaricom PLC of P.O. Box 66827 Westlands, Nairobi – 00800 (“Safaricom) with respect to the M- PESA mobile money transfer Services. These terms and conditions take effect on the date of publication. By participating in or continuing to use the M-PESA Service you shall be deemed to be making an affirmative statement of your acceptance of these terms and conditions.

1. Definitions

  1. “Account” means your M-PESA Account, being the record maintained by us of the amount of E-Money from time to time held by you and represented by an equivalent amount of cash held by the Trustee on your behalf;

  2. “Cash” means the lawful currency of the Republic of Kenya;

  3. “Cash Merchant” means a person appointed to offer M-PESA registration, cash in and cash out Services and includes participating ATM networks, cash vending machines and electronic vending outlet and any other entity approved by Safaricom further details of which may be obtained from Safaricom;

  4. “E Money” means the electronic monetary value depicted in your M-PESA Account representing an equal amount of Cash held by the Trustee and which may be redeemed through an M-PESA Cash Merchant for an equal amount of Cash;

  5. “Foreign National” means a person who is not a citizen of Kenya irrespective of whether the person is permanently resident in Kenya.

  6. “Log Book” means the book maintained by the Cash Merchant in which all Transactions are recorded and which serves as conclusive evidence of the successful completion of those Transactions;

  7. “Manager” means a person who is legally authorised to access funds in your M-PESA account in the event of your permanent disability;

  8. “M-PESA Services” or “M-PESA” means the money transfer services provided by Safaricom including issuance, management and redemption of E-Money and Cash;

  9. “M-PESA System” or “M-PESA” means the system operated by Safaricom providing the M-PESA Services;

  10. “Network” means the Global System for Mobile Telecommunication (“GSM”) system operated by Safaricom and covering those areas within the Republic of Kenya as stipulated from time to time by us;

  11. “Outlet Operator” means the assistant attending to you at a Cash Merchant Outlet;

  12. “Outlet” means any shop, unit or other retail premises or portion thereof operated by a Cash Merchant;

  13. “Participant” or “User” means any person that participates in the M-PESA System by using the M-PESA Services to send or receive money and includes any person that facilitates the redemption of E-Money;

  14. “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 and location data;

  15. “PIN” means your personal identification number being the password you choose to access and operate your Account and includes the one-time 4-digit PIN sent to you on registration for activating your Account;

  16. “Pre-paid Airtime” means mobile phone calling credit on Safaricom’s Network;

  17. “Registration Form” means the registration form containing registration details and your acceptance of these Terms and Conditions;

  18. “Safaricom Products and Services” means any products and services provided to you by Safaricom whether under this Agreement or otherwise and includes without limitation the Safaricom Post Pay voice and data services, Safaricom Pre- Pay voice and data services, Safaricom emergency credit service known as ‘Okoa Jahazi’ and the Safaricom loyalty points accrual and redemption service known as ‘Bonga’.

  19. “Secret Word” means the secret password allocated to you upon activation of your M-PESA Account by keying in the PIN;

  20. “SIM Card” means the subscriber identity module which when used with the appropriate mobile phone equipment enables you to use the M-PESA Services;

  21. “SMS” means a short messaging service that enables the transmission of text messages from one mobile phone to another;

  22. “Successor” means a person who is legally authorised to access funds in your M-PESA account in the event of your death;

  23. “Transaction” means the movement of money in to, or out of your M-PESA Account;

  24. “Trustee” means the M-PESA Holding Company Limited;

  25. “Trust Deed” means together the Declaration of Trust dated 23 rd January 2007, the Amendment Deed dated 19 th June 2008, the second Amendment Deed dated 20 th July 2020 and any further amendments executed by the Trustee and Safaricom constituting the trusts under which the Trustee holds all amounts of cash received for your Account in trust for you upon the terms and conditions therein specified. These documents are available for inspection at https://www.safaricom.co.ke/personal/m-pesa/m-pesa-legal

  26. “You” or “your” means the M-PESA Customer who has registered to use the M-PESA Service;

2. Service Description

  1. Safaricom operates the M-PESA mobile money transfer service that allows you to send and receive money through your registered mobile phone.

  2. M-PESA is available to all Safaricom subscribers upon registration for the M-PESA Services and your acceptance of these Terms and Conditions.

  3. You may register for an M-PESA Account with any M-PESA Cash Merchant or at any Safaricom retail centre by completing the M-PESA Registration Form.

  4. Safaricom may in its absolute discretion restrict or limit the number of accounts you may operate at any one time.

  5. By registering to use the M-PESA Service you agree to these Terms and Conditions (the “Terms and Conditions”), which shall form a legally binding agreement between you and Safaricom.

  6. Safaricom may in its absolute discretion refuse to register or revoke the registration of any person on the M-PESA System.

  7. You may acquire E-Money in your M-PESA account by depositing Cash at an M-PESA Cash Merchant outlet or receiving a remittance of E-Money from another M-PESA Participant, through an international money remittance from a participating remittance service provider or through any other acceptable means that Safaricom may provide.

  8. All Transactions shall be denominated in Kenya Shillings. The M-PESA System may not recognize any monetary value depicted as Cents. You hereby agree to round off any Transaction value to the nearest Kenya Shilling.

  9. Your Cash represented as E-Money is held in trust for you by the Trustee by virtue of the Trust Deed under which the Trustee declared itself trustee of the moneys held for you in the Account and other Participants as beneficiaries in accordance with the trusts declared by the Trust Deed. By participating in and/or continuing to use the M-PESA Services you acknowledge the sufficiency of the Trust Deed as creating a valid trust over funds held by the Trustee on your behalf upon the terms therein specified

  10. You acknowledge that the Trustee may treat the records of the M-PESA System as conclusive evidence of the amount of E-Money at any time standing to the credit of your Account and the Trustee is not bound to make any independent investigation of your beneficial entitlement to the Cash held in trust.

  11. Subject to the prescribed Transaction limits and the provisions of these Terms and Conditions, the balance of your M-PESA account is redeemable at any time and shall be disposed of only in accordance with your instructions given via the M-PESA System.

  12. You acknowledge that M-PESA is neither a bank nor a deposit-taking institution.

  13. All charges applicable to the M-PESA service are set forth in a separate fee schedule available at Cash Merchant outlets and as may be published from time to time by Safaricom and are subject to change at any time at Safaricom’s sole discretion.

3. Account Opening and Maintenance

  1. The following conditions must be met before opening an M-PESA account in your name:

    1. You must be at least 18 years old with capacity to enter into contracts.

    2. You must have an M-PESA enabled SIM card through which you may access the M-PESA services. If your SIM card is not M-PESA enabled, you may swap it at a nominal fee for one that is M-PESA enabled.

    3. You must complete the Registration Form and submit it when duly completed and signed by you. For the avoidance of doubt a completed Registration Form shall bear your name as it appears on your ID and such other information as may be required. The Registration Form may be filled in by electronic means and accepted also by electronic means.

    4. You must provide sufficient proof of identification (ID). For the purpose of this agreement, sufficient proof of (ID) shall be an original national or military ID card if you are a Kenyan national; and original Alien Certificate, Diplomatic ID or Passport if you are a foreign national. Copies of the ID provided may be retained by the Cash Merchant facilitating your registration.

    5. You must not provide any false, inaccurate, incomplete or misleading information.

  2. Notwithstanding the generality of the foregoing, a person with parental authority may open and maintain an account in their name for and on behalf of a minor. For purposes of this agreement, a person with parental authority shall include the birth parents of a minor, legal guardian, school-master or other person who can demonstrate legitimate authority over the minor’s affairs.

  3. You are responsible for ensuring that your registration details are maintained up to date.

  4. Safaricom may reject your application at its discretion if any of the account opening requirements are not met or if you fail to provide us with satisfactory proof of identification.

  5. Safaricom reserves the right to request further information pertaining to your account at any time failure to which may result in limitation on usage of the M-PESA Service, suspension or termination of the account.

  6. You must not maintain more than five M-PESA Accounts. If at the time of commencement of these Terms and Conditions you maintain more than five or more M-PESA account, Safaricom shall reserve the right to migrate one account to the next tier requiring enhanced due diligence (including the submission by you of additional documentation as may be required) and may require you to close off any extra accounts.

  7. The account remaining on the first tier shall be limited to such annual Transaction limits as Safaricom may in its sole discretion, determine which, when exhausted, shall render the account closed and all excess balances therein moved to the next tier account.

  8. Accounts on higher tiers shall have higher annual Transaction limits as may be determined by Safaricom.

  9. No interest will be paid on any funds held in your M- PESA Account.

  10. Subject to Safaricom’s due diligence and vetting, you may obtain an official statement of your M-PESA Account from any Safaricom retail centre for which you may be charged a fee. An official statement of account shall be conclusive evidence of the Transactions carried out on your M-PESA Account during the period covered in the statement.

  11. For the avoidance of doubt Safaricom shall not be obliged to adduce evidence in any civil or criminal court in relation to the contents of any statement obtained from a retail centre pursuant to clause 3.10.

4. Privacy Policy:

  1. Safaricom recognizes the importance of protecting the privacy of all information provided by users of M-PESA. This statement is meant to affirm our utmost respect for your rights to privacy.

  2. Safaricom collects personally identifiable information that we use to profile M-PESA Users and administer individual M-PESA accounts, update M-PESA databases, and provide User support.

  3. Save as provided hereunder, Safaricom does not share your Personal Information with unauthorized persons and adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of your Personal Information.

  4. You acknowledge that by using the M-PESA Services, some of your Personal Information will be passed on:

    1. to any person whom you receive E-Money from, or send E-Money to and will be available to any third party involved in the operation of the service including without limitation, M-PESA Cash Merchants, ATM Switch providers and our technology providers);

    2. to other Users at any stage in the course of an M- PESA Transaction for the purposes of their use of the M-PESA Services; and

    3. You hereby authorise Safaricom to share with, provide or disclose to such Users, third parties with which you have separately contracted or with which you intend to contract (and have informed Safaricom of this intention in writing or electronically through the M-PESA System), your Personal Information including any Transaction data, information pertaining to you or your M-PESA Account, or your usage of Safaricom Products and Services provided that the authority given to Safaricom to disclose information to such third parties (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time.

  5. You acknowledge that Safaricom may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements.

  6. You accept that Safaricom shall have the right to monitor your account usage and may disclose Personal Information to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities.

  7. Safaricom employees who handle Personal Information are under an obligation to treat it confidentially and may not disclose it to unauthorized third parties. Safaricom employees are also responsible for the internal security of the information. Employees who violate Safaricom’s privacy policies are subject to a range of disciplinary actions.

  8. Any person submitting any information to Safaricom through the M-PESA System may be granted access rights to that information. Safaricom has developed systems that enable access and correction of information submitted to it.

5. Account Usage:

  1. After your account has been opened and activated, you will be able to initiate the following Transactions:
    1. load E-Money through a participating Cash Merchant outlet;

    2. send E-Money to and receive E-Money from other users;

    3. withdraw Cash from your Account through participating M-PESA Cash Merchants;

    4. withdraw Cash from your Account through participating ATM networks;

    5. buy Safaricom Prepaid Airtime;

    6. pay utility bills or make one-off or periodic payments or remittances to participating utility providers, financial institutions charity organisations, etc.;

    7. pay for goods purchased from participating “Buy Goods” merchants;

    8. manage your Account (e.g. check balance inquires, change PIN, etc.); and

    9. any other Transactions as may be introduced by Safaricom or financial institution partners from time to time.

  2. Safaricom does not warrant that all functionalities shall be available at all times and may withdraw any functionality or the M-PESA Service in general as a direct result of new or amended legislation, statutory instrument, Government regulations or policy or any other compelling reason.
  3. Safaricom may provide additional functionality on the M-PESA menu following integration with platforms of financial institutions and other entities providing you with specified services. Such functionality may give you limited access to platforms of the financial institutions or other entities. By using such functionality to gain access to other platforms, you hereby agree to indemnify Safaricom against, and hold Safaricom harmless from any losses arising from your access to such external platforms.
  4. In the event of any review of our business planning, technical, public interest or operational reasons, changes within the industry, recommendations from regulatory bodies or similar events, Safaricom may vary these Terms and Conditions or policies affecting usage and shall notify you of such changes through appropriate means. Your continued use of the M-PESA Service shall be deemed to be your acceptance of all such varied terms and conditions or polices.

6. M-PESA Access Responsibility

  1. Access to the M-PESA Services is PIN protected. You hereby agree to guard your PIN and not to disclose it to any third-party including M-PESA Outlet Operators, Safaricom staff or any person purporting to have authority to ask for it.

  2. You acknowledge that you shall be solely responsible for the security of your PIN and Secret Word. Safaricom shall not be liable for any disclosure of your PIN to any third party and you hereby agree to hold Safaricom harmless from any losses that result from any PIN disclosure.

  3. You are responsible for all instructions given to Safaricom in relation to your M-PESA Account.

  4. Safaricom shall deem each correct PIN entry as being performed by the legitimate owner of the M-PESA account and shall regard all subsequent Transactions as validly performed by you.

7. Loading E-Money

  1. You may load E-Money into your M-PESA Account only and Account.

  2. In order to load E-Money, you must complete the information requested, including passing the identity and security validation and verification procedures to ascertain that you are the owner of the account and then hand over Cash equivalent to the E-Money sought to be loaded to the M- PESA Cash Merchant.

  3. After handing over the Cash to the M-PESA Cash Merchant, you must ensure that you sign the Log Book which will serve as conclusive evidence that you have successfully completed the deposit Transaction.

  4. You may deposit your E-Money at participating ATM network Outlets, Electronic Vending Outlet or Cash Vending Machines at any time by accessing your M-PESA Account and following the prompts on your phone’s M-PESA menu. You will receive a one-time voucher which shall be used to validate any deposits made. Failure to do so will cause the voucher received to expire.

  5. Safaricom shall, subject to Transaction limits on the M-PESA System, process the requests you make immediately after being satisfied that the person making the deposit has passed all identity and security validation and verification procedures. In the event of a dispute over the deposit of the funds, it shall be sufficient for Safaricom to show a logical association between the Transaction and the verification of identity and/or security procedures conducted to ascertain identity of the person entitled to the funds.

  6. Safaricom reserves the right to prescribe Transaction limits and may allocate some M-PESA Accounts with higher or lower limits.

8. Transferring E-Money

  1. Transaction limits and charges as prescribed by Safaricom shall apply each time you use the “Send Money”, “Pay Bill”, “Buy Goods” “Lipa Na M-PESA” or other functionalities that effect the transfer of funds from your M-PESA Account.

  2. Your Transaction request will not be completed:

    1. If you have insufficient funds in your M-PESA Account to complete a Transaction or to cover the charges for a Transaction;

    2. If you have reached the maximum Account balance limit prescribed by Safaricom;

    3. If you have reached the daily limit prescribed by Safaricom;

    4. If your Account has been temporarily suspended or permanently frozen on valid grounds;

    5. If there are any other compelling reasons such as temporary system delay or outage;

    6. Subject to the provisions of clause 16.1, if you cancel the Transaction request within such timeline indicated to You and using such functionality made available for that purpose.

  3. You may send E-Money to any Participant on the M- PESA system as well as any mobile telephone user on any network in Kenya by following the instructions on your phone’s M-PESA menu.

  4. You will be charged a fee for any transactions you undertake. The fee will be in accordance with the published tariffs.

  5. If the E-Money in your M-PESA Account is not enough to carry out your Transaction (including covering the Transaction cost) request in full, the Transaction will not be completed, and no E-Money will be debited from your M-PESA Account.

  6. Upon the successful completion of your Transaction to another M-PESA Participant, Safaricom will immediately cause the transfer of the E-Money to the other Participant’s M-PESA Account. You and the recipient will both be notified by SMS as to the completed status of your transaction.

  7. Where Safaricom is unable to complete a transaction, you will be notified by SMS as to the reasons for not completing the transaction.

  8. Each Transaction you undertake will be accompanied by a unique receipt number that will appear in the confirmation SMS sent to you and will include an updated balance of your Account. This receipt number may be used to track & identify the Transactions carried out on your Account and the SMS should therefore not be deleted if reliance on it will be required.

  9. Upon the successful transmission of E-Money from your Account to registered recipient’s M-PESA account, title to the E-Money will pass to the recipient.

  10. Where the recipient is not registered on the M-PESA System, title to the E-Money will remain with you. However, you will not be able to withdraw the funds or send the funds to any other recipient or otherwise reverse the Transaction unless the initial Transaction is cancelled by Safaricom upon the failure of the recipient Participant to accept the remittance within the stipulated time-frame as provided in 8.12.

  11. If the recipient does not have an M-PESA account, Safaricom will send the recipient an SMS containing a one- time voucher to enable them to cash the value sent to them

  12. If, within 7 days (or such shorter or longer period as may be determined by Safaricom) of the Transaction being made to a non-registered recipient, the recipient has not opened or cashed their voucher, Safaricom will cancel the Transaction and the E-Money will be sent back to your account. You will be notified by SMS of the cancellation and reversion of the E-Money.

  13. A Transaction once completed is final and irrevocable. As such, Safaricom shall not be under any compulsion to reverse any Transaction.

  14. Notwithstanding the import of clause 8.13, Safaricom reserves the right, at its sole discretion, to cancel or reverse a Transaction if reasonable grounds such as manifest error or fraud are shown and PROVIDED that the recipient has not redeemed the E-Money and the reversal claim is made within one (1) month of the erroneous Transaction date.

  15. Safaricom will not be compelled to refund or compensate the sender if the E-Money is sent to a recipient mistakenly or in error or fraudulently or under duress and subsequently redeemed for Cash or otherwise spent by the recipient of the mistaken, erroneous or fraudulent Transaction and you hereby agree to hold Safaricom harmless for any losses arising from a mistaken, erroneous or fraudulent transfer of funds or any transfer of funds from your account effected under duress or under coercion or criminal force.

9. Receiving E-Money

  1. If you are registered on the M-PESA system and you receive an SMS informing you that you have received E-Money from another M-PESA Participant or through an international money remittance, the E-Money shall be loaded to your M- PESA Account immediately and you may redeem the E- Money at any Cash Merchant Outlet or participating ATM networks or transfer the funds to a third party by following the M-PESA menu options on your mobile phone.

  2. If you receive funds in error, you acknowledge that you shall be obliged to return the funds to the sender failing which Safaricom may reverse the payment to the sender.

  3. You may be liable to face criminal prosecution for consuming or utilising funds sent to you in error.

10. Withdrawal (Redemption) of E-Money

  1. Cash Merchant Outlets: Upon passing the vetting requirements conducted by an Cash Merchant, you may withdraw your E-Money at participating Cash Merchant Outlets by accessing your Account and following the prompts on your phone’s M-PESA menu; however, any withdrawal Transaction must be initiated and completed within a Cash Merchant’s premises and you must ensure you sign the Log Book which will serve as conclusive evidence of the successful completion of the withdrawal Transaction.

  2. ATM Outlets/ Cash Vending Machines/Electronic Vending Outlet: You may withdraw your E-Money at participating ATM network Outlets, Cash Vending Machines or Electronic Vending Outlets at any time by accessing your M-PESA Account and following the prompts on your phone’s M-PESA menu. You will receive a one-time voucher which should be cashed at participating ATM networks within the prescribed timeframe. Failure to do so will cause the voucher received to expire.

  3. Safaricom shall, subject to Transaction limits on the M- PESA System, process the requests you make immediately after being satisfied that the person making the redemption has passed all identity and security validation and verification procedures. In the event of a dispute over the redemption of the funds, it shall be sufficient for Safaricom to show a logical association between the Transaction and the verification of identity and/or security procedures conducted to ascertain identity of the person entitled to the funds.

  4. Subject to any other provisions to the contrary, you will be charged a withdrawal fee each time you withdraw funds from your M-PESA account.

12. Intellectual Property

All intellectual property rights in the M-PESA Service including the M-PESA trademark are the property of Safaricom and/or its affiliates. Any unauthorized reproduction, modification, distribution or republication of M-PESA materials or intellectual property, without the express prior written consent of Safaricom and/or its affiliates is strictly prohibited.

13.Fees

  1. You are responsible for the payment of all applicable fees. Safaricom publishes fees payable in information pamphlets, daily newspapers, Cash Merchant Outlets and on the Safaricom website. Safaricom’s Customer Care department will be on hand to assist you with the fee schedule if you are uncertain about the applicable fee.

  2. All fees are deducted at source and are subject to change at any time at Safaricom’s sole discretion.

  3. Fees payable on each Transaction will be deducted from your M-PESA Account at the completion of each Transaction. Your new balance on completion of the Transaction shall be notified to you by SMS.

  4. Except as may otherwise be notified, fees are inclusive of all applicable taxes including Value Added Tax at the prevailing rate.

14. Suspension, Termination & Freezing

  1. Safaricom reserves the right at its sole discretion, to suspend or terminate the agreement if you use the M-PESA account for unauthorised purposes, or to suspend or terminate this agreement wholly or partially due to your abuse of any of the M-PESA services and/or functionalities provided to you for purposes of utilisation of the M-PESA services.

  2. Your Account shall be suspended if you port your number to other networks or if your SIM has been inactive for a period of ninety (90) days or such other period as may be prescribed. In the event of account suspension for reasons of inactive SIM, Safaricom shall archive your Account and recycle the mobile telephone number associated with your Account as required by law. Money held to your credit shall not be lost by virtue of archiving your Account or recycling of your mobile telephone number and shall be availed to you upon notice by you of the activation of a new mobile telephone number. However, where the funds are held for a period of over two years from the date of archiving of your account or such other period as shall be prescribed by law, Safaricom shall submit the archived funds to the Unclaimed Financial Assets Authority. Safaricom shall not be liable to you once the funds are submitted to the Authority.

  3. You acknowledge that Safaricom may be compelled by law to suspend and/or freeze your Account or decline to execute your Transaction requests if there are reasonable grounds to suspect that an Account has been or is being or may be used to receive or send funds in connection with any criminal or fraudulent activity.

  4. You may request your Account to be closed at any time by giving written notice to Safaricom addressed to: M- PESA Operations, Safaricom, P.O. Box 66827 Westlands, Nairobi - 00800, or delivered to M-PESA Operations, Safaricom House, Waiyaki Way, Westlands. Safaricom shall act on such instructions if, and only if, your account balance reads zero (0).

  5. Safaricom may, at its discretion, close your Account at any time for any reason upon giving one (1) weeks’ notice to you and making reasonable attempts to reach you. In such circumstances, you shall be entitled to the balance of any funds remaining in your M-PESA Account.

  6. Safaricom may send notices to you at any postal address provided by you or electronically by SMS to your mobile telephone number with which you registered on the M-PESA System.

  7. This agreement terminates automatically upon the death of the Customer who has signed up for the M- PESA services.

15. Warranties, and Limitation of Liability

  1. Safaricom will report any suspicious account activity to its Money Laundering Reporting Officer (MLRO). The MLRO may escalate the suspicious activity to the relevant law enforcement authority.

  2. Safaricom shall use all reasonable efforts to ensure that all Transaction requests are processed in a timely manner. However, Safaricom makes no representations or warranties as to continuous, uninterrupted or secure access to the M-PESA service, which may be affected by factors outside Safaricom’s control, or may be subject to periodic testing, repair, maintenance or upgrades.

  3. Safaricom will not be responsible for any claim unless caused by wilful default attributable to Safaricom. Safaricom specifically disclaims all liability for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to:

    1. Transactions made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by you;

    2. Transactions made from your account by an unauthorised third party who passes all identity and verification checks;

    3. any fraud, deception or misrepresentations by any M- PESA Participant, whether or not the Participant has been verified,

    4. any damages resulting from a recipient’s decision not to accept or record a Transaction made by you through the M-PESA system,

    5. failure of any other telecommunications or data transmission system other than the M-PESA system;

    6. any result of any acts of government or authority, any act of God or force majeure.

  4. The limit of Safaricom’s liability shall not exceed the maximum Account balance limit for the time being in force for any single event or series of events.

  5. You agree to indemnify and hold Safaricom harmless against any claim brought against Safaricom by a third party resulting from your breach of these Terms and Conditions.

16. Dispute Resolution and Governing Law

  1. You may contact Safaricom Customer Care (line 234 or any other line as advised by Safaricom) for any disputes, claims or to report Account discrepancies. Safaricom Customer Care shall handle the report in accordance with Safaricom’s standard complaint handling procedures.

  2. In certain circumstances Safaricom in conjunction with participating merchants may provide for dispute resolution mechanisms. You agree to abide by such mechanisms as may be advised by Safaricom or the participating merchants/businesses from time to time.

  3. Any dispute arising out of or in connection with this Agreement that is not resolved by Safaricom Customer Care may be brought to the attention of the Safaricom Manager responsible for the operations of the M-PESA Services for resolution. You are also at liberty to refer any dispute that is not resolved to your satisfaction to the Central Bank of Kenya.

  4. Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre representatives shall be referred to a Kenyan court of competent jurisdiction.

  5. Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre representatives shall be referred to a Kenyan court of competent jurisdiction.

  6. To the extent permissible by law, the determination of the court shall be final, conclusive and binding upon the parties hereto.

  7. To the extent permissible by law, the determination of the court shall be final, conclusive and binding upon the parties hereto.

  8. To the extent permissible by law, the determination of the court shall be final, conclusive and binding upon the parties hereto.

17. Disclosure & Data Retention

  1. You hereby expressly consent and authorize Safaricom to disclose any Transaction data or information pertaining to your M-PESA Account to any law enforcement, investigative or regulatory authority including without limitation the Kenya Police, Central Bank of Kenya, Kenya Anti-Corruption Commission, Kenya Revenue Authority or any competent Anti-Money Laundering authority for the purposes of any genuine enquiry or investigation or to any User, or to any third party to which you have separately, either in writing or electronically through the M-PESA System or otherwise, authorised Safaricom to disclose Transaction data or information pertaining to you or your usage of Safaricom Products and Services, including your M-PESA account provided that any consent given to Safaricom to disclose information to Users for the purposes of clause 4.4.2 or to any third party (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time in writing (including electronically). PROVIDED that where you withdraw consent to Safaricom to disclose information to other Users for the purposes of clause 4.4.2, Safaricom may impose a complementary condition to revoke (partially or otherwise) any access to any Personal Information of other Users that would have been made available to you as a User pursuant to clause 4.4.2.

  2. You acknowledge that where your Account is determined by a competent judicial authority as containing proceeds of any criminal or money laundering activities, Safaricom may be required by law to surrender funds in your account to any statutory fund created for the purpose of recovering the proceeds of crime.

  3. You acknowledge that Safaricom may retain your Transaction data for a period of up to seven (7) years or as may be required by any law or regulation.

18. Force Majeure

Neither Party shall be liable to the other Party for any delay or failure to perform its obligations under these Terms and Conditions as a result of revolution or other civil disorders; belligerent aggression by an enemy; strikes; lack of available resources from persons other than parties to this Agreement; labour disputes; electrical equipment or system availability delay or failure; fires; floods; acts of God; government or regulatory intervention; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If such delay or failure continues for at least thirty (30) days, then either Party may terminate their engagement by notice in writing to the other. Upon such termination all Cash held in trust for you in the M-PESA System shall be made good to you.

19. General

  1. Using your personal M-PESA account to carry out M-PESA transactions on behalf of another person is prohibited and may expose you to criminal liability under the Proceeds of Crime & Anti-Money Laundering Act. You may not use or permit the use of your M-PESA account to carry out any transactions on behalf of any other person.

  2. You acknowledge that these Terms and Conditions are subject to amendment, modification or variation from time to time if required by, or found to be in conflict with, applicable law or regulation or otherwise without affecting the validity or enforceability of the remaining provisions.

  3. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior terms. In the event of inconsistency between these Terms and Conditions and previous editions, this version will prevail.

  4. These Terms and Conditions may be amended by Safaricom from time to time as Safaricom introduces new M-PESA functionalities. Such amended Terms and Conditions may be published in posters or pamphlets available at Cash Merchant Outlets, in the daily newspapers and/or on the Safaricom/M-PESA website from time to time and shall take effect immediately upon publication.

  5. Safaricom’s failure to exercise or enforce any right under these Terms and Conditions shall not be deemed to be a waiver of any such right nor shall it prevent Safaricom from exercising or enforcing the rights in question at any time.

  6. You may not transfer any rights or obligations you may have under this Agreement without Safaricom’s prior written consent.

  7. You must not use the M-PESA service for the receipt of or payment for goods or services that offend or circumvent any law including without limitation, narcotic drugs, firearms, obscene or pornographic material or services, participation in pyramid or ponzi schemes, infringement of third party intellectual rights, running illegal or unauthorised lotteries, undertake illegal gaming or gambling, as well as material that is morally repugnant; incites violence or desires to cause harm; induces an unacceptable sense of fear or anxiety; encourages or incites any person to engage in dangerous practices or to use harmful substances; induces or promotes tribal, religious or racial disharmony; causes grave or widespread offence; or debases, degrades or demeans others.

  8. Without prejudice to the provisions of clause 13.7, where Safaricom receives notification of the death or mental incapacity of an M-PESA user, Safaricom shall suspend all Account activity until satisfied that the relevant provisions of the Succession Act or the Mental Health Act (as the case may be) have been followed.

  9. A person claiming access to funds by virtue of being a Successor (in the event of death) or Manager (in the event of permanent incapacity) shall, upon request by Safaricom, produce letters of administration/grant of probate (in the event of death) or a court order authorizing the person to manage the estate (in the event of permanent incapacity) or such other document as may be prescribed.

  10. If the Courts appoint a Successor or Manager, as the case may be, Safaricom shall rely on such appointment of Successor or Manager in its decision to transmit funds held to the credit of your account to the Successor or Manager upon the event of your death or permanent incapacity (as the case may be).

  11. You acknowledge that M-PESA Cash Merchants are independent contractors and Safaricom shall not be liable for the acts or omissions of M-PESA Cash Merchants.

20. Collection of information

  1. 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.

  2. 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.

21. Privacy

  1. 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 in Safaricom’s 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.

  2. You shall notify your nearest Safaricom Shop in writing of any changes to your Personal Information or update the same through the Equipment on your STK Menu, USSD, M-Pesa App or Safaricom App including but not restricted to your name and address. Until such notice is received, your Personal Information shall be deemed to be that which you provided in your application to register for the Service.

THE OPENING AND USE OF THE M-SHWARI ACCOUNT AND RELATING TO THE M-SHWARI LOCK SAVINGS ACCOUNT

TO THE TERMS AND CONDITIONS FOR THE OPENING AND USE OF THE M-SHWARI ACCOUNT AND RELATING TO THE M-SHWARI LOCK SAVINGS ACCOUNT

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1. THE AGREEMENT  

  1. This Addendum  is supplemental to the Terms and Conditions for the Opening and the Use of the M-Shwari Account (the “ -Shwari Terms and Conditions”) and sets out the complete Terms and Conditions (hereinafter called "these Terms and Conditions") which shall be applicable to you when you open a Lock Savings Account with the Bank (a term hereinafter defined). These Terms and Conditions and any amendments or variations thereto take effect on their date of publication. 

  2. These Terms and Conditions shall be made available on the Bank’s website on www.cbagroup.com.  

2. DEFINITIONS AND INTERPRETATION

  1. Unless the context otherwise requires, terms not defined in these Terms and Conditions shall have the meaning set out in the definitions and interpretation section of the M-Shwari Terms and Conditions. 

  2. In these Terms and Conditions the following words and expressions (save where the context requires otherwise) bear the following meanings: 

    1. Lock Savings Account” means a bank account held by a Customer with the Bank and which is opened and operated in accordance with these Terms and Conditions;  

    2. “Lock Savings Account System  enu” means the menu for operating the Lock Savings Account that shall be accessible through the Lock Savings System.

    3. . “Lock Savings Account System” means the Unstructured Supplementary Service Data System or the MPesa System functionality through which the Customer on the Network may use to operate the Lock Savings Account and instruct the Bank.  

    4. “Lock Period” means such minimum period of time not less than one (1) month and not exceeding six (6) months, or such other period communicated by the Bank from time to time in which the Customer requires that the Principal Amount be kept in the Lock Savings Account and during which period the Principal Amount will not be available to the Customer subject to the provisions of clause 5 (Accessing Locked Funds).

    5. “Principal  mount” means such minimum amount prescribed by the Bank;

    6. We,” “our,” and “us,” means the Bank and includes the successors and assigns of the Bank; 

    7. "You" or "your" means the Customer and includes the personal representatives of the Customer; 

    8. The word “Customer” shall include both the masculine and the feminine gender as well as juristic persons; 

  3. Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 

  4. Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement. 

3. ACCEPTANCE OF THE TERMS AND CONDITIONS  

  1.  By the Customer using or continuing to use or operate the Lock Savings Account, the Customer will be deemed to have read, understood and accepted these Terms and Conditions and the M-Shwari Terms and Conditions.

  2. These Terms and Conditions may be amended or varied by the Bank from time to time and the Customer shall be notified before any amendments or variations are applied within reasonable time. The continued use of the Lock Savings Account by the Customer constitutes the Customer’s agreement to be bound by the terms of any such amendment or variation. 

  3.  For the avoidance of doubt, the Customer acknowledges and accepts that the Customer will receive access to the Lock Savings Services through the Lock Savings System operated on Safaricom’s Network. Customer requests relating to information, complaints or queries on the Lock Savings Account can be addressed to the bank through Safaricom’s Customer Care Centre or Retail Shops. 

  4. You further acknowledge and accept that Safaricom’s Customer Care Centre and Retail Shops are not branches of the Bank or the Bank’s Agents for purposes of conducting banking business or transactions. 

4.  ACTIVATING AND OPERATING YOUR LOCK SAVINGS ACCOUNT

  1. In order to use the Lock Savings Account with the Bank, you must be a registered Safaricom subscriber, an MShwari Account holder and you must have activated your Lock Savings Account in accordance with this clause

  2.  All instructions to the Bank to activate, manage and operate the Lock Savings Account and to move money to and from your M-Shwari Account for purposes of the Lock Savings Account shall be made electronically through the Lock Savings System Menu.

  3.  To activate your Lock Savings Account, you must select the Open Lock Savings option, or such other option made available for that purpose on the Lock Savings System Menu, and transfer the Principal Amount from your regular M-Shwari Account to the Lock Savings Account.

  4.  Upon activation and successful transfer of the Principal Amount to the Lock Savings Account, you will receive an SMS confirming activation, the Principal Amount and the Lock Period.

  5.  Subject to clause 5(Accessing Locked Funds) you will be required to maintain the Principal Amount for the duration of the Lock Period during which period such Principal Amount shall be unavailable for use.

  6.  At the end of the Lock Period, the Bank will credit your regular M-Shwari Account with the Principal Amount and the Interest accrued.

  7.  Without prejudice to the foregoing, you may add more funds to the Lock Savings Account and set a different Lock Period. Such funds may be accessible at the end of such Lock Periods or in accordance with the provisions of clause 5 of these Terms and Conditions.

  8.  Any query and complaint you may have relating to the Lock Savings Account shall be addressed to the Bank through Safaricom’s Customer Care Centre or Retail Shops. 

5. ACCESSING LOCKED FUNDS

  1.  Subject to the provisions of this clause 5, you may access the Principal Amount before the end of the Lock Period.

  2.  In order to access the Principal Amount before the end of the Lock Period the Customer shall Request the Bank through the Lock Savings System Menu by selecting the Withdraw Funds option or such other option made available on the Lock Savings System Menu for that purpose (hereinafter in this clause 5 referred to as “Withdraw Funds”).

  3. The Bank will credit your regular M-Shwari Account with the Principal Amount and the Interest accrued up to the point of withdrawing funds after forty eight (48) hours from the time in which the Customer makes a Withdraw Funds request in accordance with clause 5.2 above. 

  4. Upon the successful completion of the Withdraw Funds Request, you will be informed by way of an SMS from the Bank that the Principal Amount and the Interest accrued to date have been transferred to your regular MShwari Account.

6. CHECKING YOUR BALANCE

  1.  Subject to clause d below, you may check the balance of the funds in your Lock Savings Account by way of the Check Balance option or such other option made available for that purpose on the Lock Savings System Menu using your Equipment.  You will receive a USSD System pop up message or an SMS disclosing the balance in your Lock Savings Account.

  2.  Subject to clause 6.4. below, you may obtain a mini statement based on the last five (5) transactions of your Lock Savings Account by way of the Mini Statement option or such option made available for that purpose on the Lock Savings System Menu using your Equipment.  You will receive a USSD System pop up message or an SMS disclosing the last five (5) transactions of your Lock Savings Account.

  3. You may request for one bank statement per year with regards to the funds in your account free of charge at any Safaricom Retail Shop. Any additional statements within that year will be provided at a cost of twenty five (25) shillings, or such other fees as notified by the Bank from time to time, per page over the counter.

  4.  You will be charged one (1) shilling, or such other fees as notified by the Bank from time to time, for checking your balance and to obtain a mini statement via the Lock Savings System.  

 

7. APPLICABILITY OF M-SHWARI TERMS AND CONDITIONS

  1.  The M-shwari Terms and Conditions are varied as set out herein and these Terms and Conditions and these Terms and Conditions shall be construed as having the same effect as if they were incorporated and set out in the main body of the M-Shwari Terms and Conditions.

  2.  Unless otherwise varied by these Terms and Conditions all other terms and conditions set out in the M-Shwari Terms and Conditions shall remain unchanged.

  3. For the purposes of other clauses set out in the M-Shwari Terms and Conditions, except where the context does not admit, the term M-Shwari Account as defined therein shall be construed to include the Lock Box Account as defined herein.  

 

 

 

THE OPENING AND USE OF THE M-SHWARI ACCOUNT

TERMS AND CONDITIONS FOR THE OPENING AND USE OF THE M-SHWARI ACCOUNT

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1. THE AGREEMENT

  1. This Agreement sets out the complete Terms and Conditions (hereinafter called "these Terms and Conditions") which shall be applicable to the MShwari Account (as hereinafter defined) opened by you (as hereinafter defined) with the Bank (as hereinafter defined).

  2. These Terms and Conditions and any amendments or variations thereto take effect on their date of publication.

2. DEFINITIONS

In these Terms and Conditions the following words and expressions (save where the context requires otherwise) bear the following meanings:

  1. M-Shwari Account” means a bank account held by a Custom-er with the Bank and which is opened and operated in accordance with the terms and conditions herein contained;

  2. Bank” means Commercial Bank of Africa Limited incorporated in Kenya as a limited liability company under the Companies Act (Chapter 486 of the Laws of Kenya) and duly licensed as a bank under the Banking Act (Chapter 488 of the Laws of Kenya) and includes subsidiaries of the Bank as may from time to time be specified by the Bank to you;

  3. Credit Reference Bureau” means a credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2008 to inter alia, collect and facilitate the sharing of customer credit information;

  4. Customer” means the person in whose name the M-Shwari Account with the Bank is existing;

  5. Customer Care Centre" means any Safaricom Retail Shops or such other retail outlets or outlets as may be notified to the Customer by the Bank from time to time;

  6. . “E-Money” means the electronic monetary value depicted in your M-PESA Account representing an equal amount of cash;

  7. “Equipment” includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Network;

  8. IPRS” means the Integrated Population Registration System set up and maintained by the Government of Kenya under the Ministry of State for Immigration and Registration of Persons;

  9. M-Shwari Menu” means the M-Shwari Menu on the M-PESA System;

  10. M-PESA Account” means your mobile money store of value, being the record maintained by Safaricom of the amount of EMoney from time to time held by you in the M-PESA System;

  11. “M-PESA Service” means the money transfer and payments service provided by Safaricom through the M-PESA System;

  12. M-PESA System” means the system operated by Safaricom in Kenya for the provision of the M-PESA Service using the Network;

  13. "M-PESA PIN" means your personal identification number being the secret code used to access and operate the M-PESA System and your M-Shwari Account;

  14. “M-PESA Subscriber” means any person registered to use the M-PESA System to send or receive money or make payments;

  15. “Network” means the mobile cellular network operated by Safaricom in Kenya;

  16. Request” means a request or instruction received by the Bank from you or purportedly from you through the Network and the System and upon which the Bank is authorized to act;

  17. Safaricom” means Safaricom Limited incorporated in Kenya as a limited liability company under the Companies Act (Cap 486 of the Laws of Kenya);

  18. Services” shall include any form of banking services or products that the Bank may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;

  19. “SIM Card” means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network and to use the M-PESA System;

  20. “SMS” means a short message service consisting of a text message transmitted from one mobile phone to another;

  21. System” means the Bank’s electronic banking and communications software enabling the Customer to communicate with the Bank for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through the M-PESA System;

  22. Transaction Fees” includes the Facility Fee (as defined at clause 5.2.6), the Rollover Fee (as defined at clause 5.2.9) and any other fees and charges payable for the use of the Services as published by the Bank on the Bank’s website and/or Safaricom’s website and/or the daily newspapers in Kenya or by such other means as the Bank shall in its sole discretion determine. Transaction Fees are subject to change at any time at the Bank’s sole discretion;

  23. . “We,” “our,” and “us,” means the Bank and includes the successors and assigns of the Bank;

  24. "You" or "your" means the Customer and includes the personal representatives of the Customer;

  25. The word “Customer” shall include both the masculine and the feminine gender as well as juristic persons;

    1. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

    2. Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS

  1. Before applying to open the M-Shwari Account via the M-PESA System you should carefully read and understand these Terms and Conditions which will govern the use and operation of the M-Shwari Account.

  2. If you do not agree with these Terms and Conditions, please click “Decline” on the MShwari Menu.

  3. You will be deemed to have read, understood and accepted these Terms and Conditions:-

  4. upon clicking on the “Accept” option on the M-Shwari Menu requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or

  5. by using or continuing to use and operate the M-Shwari Account.

  6. By applying to open the M-Shwari Account with the Bank, you agree to comply with and be bound by these Terms and Conditions for the time being and from time to time in force governing the operation of the M-Shwari Account and you affirm that these Terms and Conditions herein are without prejudice to any right that the Bank may have with respect to the M-Shwari Account in law or otherwise.

  7. These Terms and Conditions may be amended or varied by the Bank from time to time and the continued use of your M-Shwari Account constitutes your agreement to be bound by the terms of any such amendment or variation.

  8. You acknowledge and accept that the Bank offers the M-Shwari Account only electronically and you agree to do business with the Bank and to operate the M-Shwari Account only by electronic means via the M-Shwari Menu on the M-PESA System. Any query and complaint you may have relating to the Services shall be addressed to the Bank through the Customer Care Centre. For the avoidance of doubt, you acknowledge and accept that you will not be allowed or entitled to receive or demand the Services pertaining to the MShwari Account at any branch or branches of the Bank unless otherwise advised by the Bank in its sole discretion. You further acknowledge and accept that the Customer Care Centre is not a branch of the Bank or the Bank’s Agent for purposes of conducting banking business or transactions and that it will not act as such.

4. ACCOUNT OPENING

  1. In order to open an M-Shwari Account with the Bank, you must be at least 18 years old and a registered and active M-PESA Subscriber. The Bank reserves the right to verify with Safaricom the authenticity and status of your M-PESA Account.

  2. You may open an M-Shwari Account solely by way of an electronic application made by you using your Equipment via the M-Shwari Menu on the M-PESA System.

  3. You hereby agree and authorize the Bank to request Safaricom for your personal information held by Safaricom pursuant to the agreement between you and Safaricom for the provision of Safaricom products and services and M-PESA Service including your phone number, name, date of birth, ID or Passport Number and such other information that will enable the Bank to identify you and comply with the regulatory “Know Your Customer” requirements (together the “Personal Information”). You also hereby agree and authorize the Bank to request Safaricom for information relating to your use of the M-PESA Service and M-PESA System as the Bank shall require for purposes of providing you the Services (“M-PESA Information”). You hereby consent to the disclosure of the Personal Information and the M-PESA Information by Safaricom to the Bank and to the aforesaid use of the Personal Information and the M-PESA Information by the Bank.

  4. You hereby agree and authorize the Bank to obtain and procure your Personal Information contained in the IPRS from the Government of Kenya and you further agree and consent to the disclosure and provision of such Personal Information by the Government of Kenya to the Bank.

  5. You hereby further acknowledge and authorize the Bank to verify your Personal Information received from Safaricom pursuant to Clause 4.3 against the information received from the Government of Kenya in your respect as contained in the IPRS.

  6. The Bank reserves the right to request for further information from you pertaining to your application for an M-Shwari Account at any time. Failure to provide such information within the time required by the Bank may result in the Bank declining to accept your application for an MShwari Account.

  7. Acceptance by the Bank of your application for an M-Shwari Account shall be done via SMS sent to the Safaricom Mobile Phone Number associated with your M-PESA Account. You acknowledge and accept that the acceptance by the Bank of your application for an M-Shwari Account does not create any contractual relationship between you and Safaricom beyond the terms and conditions that apply to your MPESA Account from time to time.

  8. The Bank reserves the right to decline your application for an M-Shwari Account or to revoke the same at any stage at the Bank’s sole discretion and without assigning any reason or giving any notice thereto.

5. TYPES OF ACCOUNT

As a holder of an M-Shwari Account, you will be entitled, subject to these Terms and Conditions, to operate an M-Shwari deposit account (hereinafter the “M-Shwari Deposit Account”) into which you may transfer money from your M-PESA Account and/or make withdrawals therefrom into your M-PESA Account, and/or to borrow money from the Bank as follows:

  1. M-Shwari Deposit Account

    1. As a holder of the M-Shwari Account, you may make deposits into or withdrawals from your M-Shwari Deposit Account using the MShwari Menu on your Equipment. The transaction fees payable to Safaricom for transactions effected in respect of your MPESA Account from time to time will apply to any transactions effected in respect of your M-Shwari Account using the M-PESA System.

    2. Interest may be paid on the M-Shwari Deposit Account at periodic intervals as determined by the Bank and/or upon respective maturity dates of such deposits at such rate as may be determined by the Bank.

  2. M-Shwari Loan Account

    1. As a holder of the M-Shwari Account, you may, subject to these Terms and Conditions, apply for a loan from the Bank using the MShwari Menu on your Equipment.

    2. Where you apply for a loan from the Bank, your application shall be appraised according to the applicable loan appraisal processes of the Bank. The Bank reserves the right at its sole discretion and without assigning any reason to approve or decline your application for a loan.

    3. Subject to approval of your application for a loan the Bank shall disburse to you a loan of an amount to be determined by the Bank in its sole discretion subject to a minimum amount of Kenya Shillings One Hundred (Kshs. 100/=) and a maximum amount of Kenya Shillings Twenty Thousand (Kshs. 20,000/=) or such other minimum or maximum amount as the Bank may from time to time in its sole discretion determine (the “Loan”).

    4. The proceeds of the Loan shall be credited into your M-PESA Account subject to any deductions on account of applicable Transaction Fees.

    5. You shall repay the Loan within thirty (30) calendar days of the date of disbursement of the Loan.

    6. In consideration of the Bank granting you the Loan, your account charged at 9% Being Loan Fees of 7.5% and 1.5% Excise Duty. Excise duty is deducted from the loan amount to be sent to M-PESA.

    7. You shall make all payments due from you to the Bank in respect of the Loan and Transaction Fees using the M-PESA Service and the System only unless otherwise agreed by the Bank in its discretion.

    8. In the event that you do not repay the Loan in full within thirty (30) calendar days of the date of disbursement of the Loan, the Bank will automatically roll over any outstanding amount in respect of the Loan including the Facility Fee for a further period of thirty (30) calendar days.

    9. In consideration of the Bank forbearing to demand the immediate payment of the outstanding amount due in respect of your Loan and rolling over the same pursuant to Clause 5.2.8, you shall, in addition to paying the outstanding amount in respect of the Loan any outstanding Facility Fee, pay to the Bank a roll-over fee being 7.5% of the outstanding amount in respect of the Loan (the “Roll-Over Fee”).

    10. The Bank shall be entitled to terminate this Agreement and close your M-Shwari Account in accordance with the provisions of Clause 13 without prejudice to any of its rights accruing hereunder if you fail to repay the Loan and/or the Transaction Fees due thereon within sixty (60) calendar days of the disbursement of the Loan.

    11. The Bank shall hold your funds in your MShwari Deposit Account as collateral and security for any amounts outstanding and due from you to the Bank in respect of your MShwari Loan Account. You hereby agree and confirm that the Bank is entitled in its discretion to prevent or restrict you from withdrawing in whole or in part the funds in in your M-Shwari Deposit Account for so long as and to the extent of the amount outstanding in respect of your M-Shwari Loan Account without the Bank giving any notice to you and/or without incurring any liability to you whatsoever in that connection.

    12. The Bank reserves the right to vary the terms of the Loan including the fees payable thereon from time to time having regard to the prevailing rules and regulations of the Central Bank of Kenya and the policies of the Bank.

    13. The Bank shall have a right of lien and set off over funds held by you in your M-Shwari Deposit Account, any other M-Shwari Account held by you and/or any other account held by you in the Bank.

    14. You hereby expressly consent and authorize the Bank to disclose, respond, advise exchange and communicate the details or information pertaining to your M-Shwari Account to Credit Reference Bureaus as required under the Banking Act or any other regulatory body.

6. FEES

 

  1. You hereby agree to pay all Transaction Fees payable in connection with your use of the Services.

  2. You shall pay to the Bank and the Bank is entitled deduct from your M-Shwari Account (without reference to you):

  3. any Transaction Fees payable in respect of the Services;

  4. any legal charges including advocate and client costs incurred by the Bank in obtaining legal advice in connection with your MShwari Account and your dealings with the Bank or incurred by the Bank in any legal, arbitration or other proceedings arising out of any dealings in respect of your M-Shwari Account; and all other fees, expenses and taxes, duties, impositions and expenses incurred in complying with your Requests.

  5. You hereby agree to pay costs charges and expenses incurred by the Bank in obtaining or attempting to obtain payment of any loan owed under your M-Shwari Loan Account.

7. STATEMENTS

 

  1. You may request for a statement or activity report in respect of your M-Shwari Account from the Bank using your Equipment (“M-Shwari Mini Statement”).

  2. An M-Shwari Mini Statement shall provide details of the last 5 (five) transactions (or such other number of transactions as determined by the Bank) in your M-Shwari Account initiated from your Equipment.

  3. An M-Shwari Mini Statement shall not be sent to you in printed form but shall be delivered to you either by SMS to the Safaricom Mobile Phone Number associated with your M-PESA Account or such other electronic means as the Bank may in its discretion determine. You shall be responsible for the payment of any charges levied by Safaricom in delivering the M-Shwari Mini Statement to you.

  4. You may obtain printed M-Shwari Mini Statements or a printed bank statement pertaining to your M-Shwari Account from the Customer Care Centre. You shall be responsible for the payment of any charges levied by the Customer Care Centre for such printed statements.

  5. Save for a manifest error, an M-Shwari Mini Statement or bank statement issued to you aforesaid in respect of your M-Shwari Account shall be conclusive evidence of the transactions carried out on your M-Shwari Account for the period covered in the M-Shwari Mini Statement and/or bank statement.

 

8. IRREVOCABLE AUTHORITY OF THE BANK

  1. You hereby irrevocably authorize the Bank to act on all Requests received by the Bank from you (or purportedly from you) through the System and to hold you liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.

  2. If you request the Bank to cancel any transaction or instruction after a Request has been received by the Bank from you, the Bank may at its absolute discretion cancel such transaction or instruction but shall have no obligation to do so.

  3. The Bank shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Bank believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.

  4. The Bank is authorized to effect such orders in respect of your M-Shwari Account as may be required by any court order or competent authority or agency under the applicable laws.

  5. 8.5.In the event of any conflict between any terms of any Request received by the Bank from you and these Terms and Conditions, these Terms and Conditions shallprevail.

 

9. CUSTOMER’S EQUIPMENT AND CUSTOMER’S RESPONSIBILITIES

  1. You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.

  2. You shall be responsible for ensuring the proper performance of your Equipment. The Bank shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall the Bank be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and the Bank shall not be responsible for losses or delays caused by any such service provider.

  3. You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by the Bank concerning the use of the System and Services.

  4. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your MPESA PIN secret and secure. You shall ensure that your M-PESA PIN does not become known or come into possession of any unauthorized person. The Bank shall not be liable for any disclosure of your M-PESA PIN to any third party and you hereby agree to indemnify and hold the Bank harmless from any losses resulting from any M-PESA PIN disclosure.

  5. You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from the Bank are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected.

  6. You shall immediately inform the Bank through the Customer Care Centre in the event that:

  7. You have reason to believe that your M-PESA PIN is or may be known to any person not authorized to know the same and/or has been compromised; and/or

  8. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.

  9. You shall at all times follow the security procedures notified to you by the Bank from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your M-Shwari

  10. Account’s confidentiality. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.

  11. You shall not at any time operate or use the Services in any manner that may be prejudicial to the Bank.

10. EXCLUSION OF LIABILITY

  1. The Bank shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within the Bank’s control including, without limitation, force majeure or error, interruption, delay or nonavailability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.

  2. The Bank will not be liable for any losses or damage suffered by you as a result of or in connection with:-

    1. unavailability of sufficient funds in your MPESA Account and/or in your M-Shwari Account;

    2. failure, malfunction, interruption or unavailability of the System, your Equipment, the Network, M-PESA System and/or M-PESA Service;

    3. the money in your M-Shwari Account being subject to legal process or other encumbrance restricting payments or transfers thereof;

    4. your failure to give proper or complete instructions for payments or transfers relating to your M-Shwari Account;

    5. any fraudulent or illegal use of the Services, the System and/or your Equipment; or

    6. Your failure to comply with these Terms and Conditions and any document or information provided by the Bank concerning the use of the System and the Services.

  3. If for any reason other than a reason mentioned in subparagraphs 10.1 or 10.2, the Services are interfered with or unavailable, the Bank’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.

  4. Save as provided in subparagraph 10.3 the Bank shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.

  5. Under no circumstances shall the Bank be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to the Bank.

  6. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

11. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that the intellectual property rights in the System (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that the Bank provides to you through the System or otherwise are vested either in the Bank or in other persons from whom the Bank has a right to use and to sub-license the System and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of the Bank.

12. INDEMNITY

  1. In consideration of the Bank complying with your instructions or Requests in relation the MShwari Account, you undertake to indemnify the Bank and hold it harmless against any loss, charge, damage, expense, fee or claim which the Bank suffers or incurs or sustains thereby and you absolve the Bank from all liability for loss or damage which you may sustain from the Bank acting on your instructions or requests or in accordance with these Terms and Conditions.

  2. The indemnity in clause 12.a shall also cover the following:

    1. All demands, claims, actions, losses and damages of whatever nature which may be brought against the Bank or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond the Bank’s control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by the Bank.

    2. Any loss or damage that may arise from your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs.

    3. Any unauthorized access to your M-Shwari Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.

    4. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by the Bank as a consequence of any breach by these Terms and Conditions.

    5. Any damages and costs payable to the Bank in respect of any claims against the Bank for recompense for loss where the particular circumstance is within your control.

13. VARIATION AND TERMINATION OF RELATIONSHIP

 

  1. The Bank may at any time, upon notice to you, terminate or vary its business relationship with you and close your M-Shwari Account and in particular but without prejudice to the generality of the foregoing the Bank may cancel credits which it has granted and require the repayment of outstanding debts resulting therefrom within such time as the Bank may determine.

  2. Without prejudice to the Bank rights under clause 13.1, the Bank may at its sole discretion suspend or close your M-Shwari Account:13.2.1. if you use the M-Shwari Account for unauthorized purposes or where the Bank detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services; if your M-PESA Account or agreement with Safaricom is terminated for whatever reason;

    1. if the Bank is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;

    2. if the Bank reasonably suspects or believes that you are in breach of these Terms and Conditions (including non-payment of any Loan amount due from you where applicable);

    3. where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;

    4. to facilitate update or upgrade the contents or functionality of the Services from time to time;

    5. where you remain inactive for any period of time determined by the Bank in its reasonable discretion; or

    6. . If the Bank decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion.

  3. You may close your M-Shwari Account at any time at any Customer Care Centre.

  4. If your M-Shwari Account has any credit balance at the time of its closure, we will return any such balance to you, less any applicable fees. If your M-Shwari Loan Account is in arrears at the time of closure of your M-Shwari Account, you agree to pay to us immediately all amounts you owe us.

  5. Termination shall however not affect any accrued rights and liabilities of either party.

  6. If the Bank receives notice of your demise, the Bank will not be obliged to allow any operation or withdrawal from your M-Shwari Account by any person except upon production of Grants of Letters of Administration or Probate by your legal representatives duly appointed by the Court.

 

14. DISCLOSURE OF INFORMATION

  1. You hereby expressly consent and authorize the Bank to disclose receive record or utilize your personal information or information or data relating to your M-Shwari Account and any details of your use of the Services:

    1. to and from any local or international law enforcement or competent regulatory or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud;

    2. to and from the Bank’s service providers, dealers, agents or any other company that may be or become the Bank’s subsidiary or holding company for reasonable commercial

    3. purposes relating to the Services;

    4. to a Credit Reference Bureau;

    5. to the Bank’s lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;

    6. to Safaricom in connection with the M-PESA Service and the Services;

    7. for reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and

    8. in business practices including but not limited to quality control, training and ensuring effective systems operation.

15. MISCELLANEOUS

  1. These Terms and Conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal successors.

  2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.

  3. The Bank may vary or amend at any time and without notice to you these Terms and Conditions and the Transaction Fees. Any such variations or amendments may be published in posters or pamphlets available at Safaricom’s Agents outlets, in the daily newspapers, on the Bank and/or Safaricom’s website and/or by any other means as determined by the Bank and any such variations and amendments shall take effect immediately upon publication.

  4. No failure or delay by either yourself or the Bank in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

  5. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

  6. If any provision of these Terms and Conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.

  7. Any addition or alteration to these Terms and Conditions may be made from time to time by the Bank and of which notice has been given to you by way of publication as provided in subparagraph 15.3 shall be binding upon you as fully as if the same were contained in these Terms and Conditions.

16. NOTICES

  1. The Bank may send information concerning the M-Shwari Account via SMS to the Safaricom Mobile Phone number associated with your MPESA Account.

  2. You acknowledge that you have no claim against the Bank for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the M-Shwari Account.

17. DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION

  1. You may contact the Customer Care Center to report any disputes, claims or M-Shwari Account discrepancies.

  2. Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre representatives shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995.

  3. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.

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

 

 

Lipa na M-PESA(Merchants) Terms and Conditions

LIPA NA M-PESA TERMS AND CONDITIONS (2014)

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 These Terms and Conditions together with the application form (together “the Agreement”) contains the complete terms and conditions that apply to Client's participation in Safaricom's M-PESA mobile payment system (hereinafter the Services) and supersedes all other agreements entered into between the Merchant and Safaricom in relation to the provision of M-PESA Service (defined below). By executing this document the Client agrees that it is affirmatively stating that it has carefully read and understood the terms and conditions set forth herein and agrees to be bound by the said terms and conditions.

1. DEFINITIONS AND INTERPRETATION

  1. In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings:

    1. “Business Day” means any day of the week not being a weekend, gazetted public holiday or designated bank holiday within the Republic of Kenya;

    2. “Business Number” means a destination code or numbering plan created by Safaricom for the identification of M-PESA Pay Bill Accounts;

    3. “Cash” means currency notes and coins constituting the legal tender of the Republic of Kenya which, as the context requires: may be offered by a Customer in exchange of EMoney through the M-PESA system and subsequently credited to the Client‟s M-PESA Account; and may be paid to the Client pursuant to a Withdrawal Request Instruction given by the Client to Safaricom;  

    4. “Confidential Information” means, without limitation, all information, software, data, manuals, concepts relating to marketing methods, products, developments, business and financial affairs and trade secrets, and other information of value to a party and not generally known, (whether or not designated as “confidential information” by any Party and whether written, oral or in electronic form) and any other information clearly designated by a Party as “confidential information” or that is evidently confidential by its nature or the nature of its disclosure, and includes the terms of this Agreement;

    5. “Customer” means an M-PESA user who uses the MPESA System to pay money due to The Client and “Customers” shall be construed accordingly; 

    6. “E-Money” means the electronic value issued by Safaricom and representing an entitlement to an equivalent amount of the Cash held by the Custodial Trustee in respect of the acquisition of such electronic value;  “Effective Date” means the date upon which the Client‟s M-PESA Account is activated by Safaricom; “EFT” means electronic funds transfer of the Client‟s entitlement to Cash held in its M-PESA account, from the Trust Account to the Client‟s designated bank account and includes Real Time Gross Settlement transfers; “Intellectual Property Rights” means, in respect of each Party, such Party's proprietary rights, title and interest intellectual property of whatever nature, description or form, vesting in that Party as at the Effective Date or acquired by such Party at any time after the Effective Date;  “M-PESA Account” means the account belonging to the Client created in the M-PESA system through which the Client receives E-money payments from Customers;

    7. “M-PESA Service” or “Service” means the mobile money transfer service provided by Safaricom and envisaged under this Agreement through which Customers can make Emoney payments to the Client;

    8. “M-PESA System” or “M-PESA” means the system operated by Safaricom providing the M-PESA Services and “M-PESA User” means either of The Client or the Customer participating in the M-PESA system;

    9. “M-PESA     Website”     means the site  located at http://www.m-com;

    10. “MSISDN” means the Mobile Subscriber Integrated Services Digital Network Number issued to the M-PESA User which uniquely identifies the M-PESA User on the Safaricom Global System for Mobile Telecommunication

    11. “GSM” Network; 

    12. “Network”     means the  Global System for  Mobile telecommunication (“GSM”) system operated by Safaricom; “Transaction” means any movement of e-money or cash from one M-PESA system participant to another pursuant to instructions initiated on the M-PESA System and includes reversals and EFTs made by the Trustee to the Client.   “Trustee” means the M-PESA Holding Company Limited which, under the Declaration of Trust dated 23rd January 2007 and the Amendment Deed dated 19th June 2008 executed by the Trustee and available for inspection at safaricom.co.ke, holds Cash in trust accounts on trust for all M-PESA customers;

    13. “Withdrawal Request Instruction” means an instruction given to Safaricom by the Client requesting Safaricom to redeem Cash on the Client‟s behalf in exchange of the EMoney held in the Client‟s M-PESA account and to send it by EFT to the Client‟s nominated bank account.

    14. In this Agreement (including the recitals), unless the context otherwise requires: 

  2. Words denoting the singular shall include the plural and vice versa and reference to the masculine gender shall include a reference to the feminine gender and neuter and vice versa;

  3. References to clauses are references to the clauses of this Agreement; 

  4. References to “Parties” shall mean the parties to this Agreement being Safaricom and the Client and to “Party” shall mean either of them as the context may indicate; 

  5. The expression “person” includes a natural person, body corporate, unincorporated venture, trust, joint venture, association, statutory corporation, state, state agency, governmental authority or firm; and

  6. Headings to clauses are used for convenience only and shall not affect the construction and interpretation of this Agreement.

 

2. DURATION OF AGREEMENT

This Agreement shall be for an initial period of twelve (12) months (the “Initial Term”) from the Effective Date unless otherwise earlier terminated. Upon expiry of the Initial Term, this Agreement shall automatically renew for a further renewal periods of twelve (12) months each (each period being a “Renewal Term”) on the terms and conditions appearing herein or as may be amended by Safaricom in writing unless terminated in accordance with the terms of this Agreement.

3. OPERATION AND SCOPE 

  1. The Client agrees to abide by the M-PESA operational procedures as may be prescribed by Safaricom from time to time.

  2. Use of the M-PESA Service by The Client shall be subject to the terms of this Agreement; the M-PESA website access terms and conditions as may be notified to the client; and the Customer Terms and Conditions as may be published by Safaricom from time to time.  

  3. With effect from the Effective Date and for the duration of the Initial Period, Safaricom shall:

    1. Allocate a Business Number or Business Numbers through which Customers may make payments to the Client‟s M-PESA Account through the Lipa na M-Pesa service functionality on the Customer‟s M-PESA menu. For the avoidance of doubt the Business Number or Business Numbers remain the property of Safaricom and Safaricom may, with reasonable prior notice to the Client, re-number, re-assign, re-allocate or withdraw a Business Number(s) PROVIDED that Safaricom shall not tamper with the M-Pesa balances. 

    2. Grant secure access rights to the M-PESA Website through which the Client may manage its M-PESA Account. For the avoidance of doubt the M-PESA Website is proprietary and any material downloaded from it is Confidential Information.

    3. Provide customer service support to the Client;

    4. Provide customer service support to Customers using the Lipa na M-PESA Service;

    5. Credit the Client‟s M-PESA account with E-Money upon receipt of E-Money paid through the M-PESA System;

  4. Prepare on demand and in any event within one (1) Business Day (the “Settlement Period”) an EFT of the Cash equivalent of accrued E-Money (less any charges and commissions) to the Client upon receiving a Withdrawal Request Instruction;

  5. With effect from the Effective Date and for the duration of the Initial Term, the Client shall:

    1. Reconcile and receipt payments received on the M-PESA System through its M-PESA Account;

    2. Initiate Withdrawal Request instructions to Safaricom for redemption of accrued E-Money;

    3. Authorize Safaricom to debit charges and commissions to its M-Pesa Account for providing the service;

    4. Comply with Safaricom‟s charges for using the Service as may be notified to it by Safaricom in writing from time to time;

 4. ACTIVATION OF THE M-PESA ACCOUNT

  1. This agreement comes into effect upon activation of the M-PESA Account by Safaricom following: (i) the acceptance of these terms and conditions and; (ii) successful completion of KYC vetting procedures conducted on the Client by Safaricom.

  2. If the Client fails to produce the necessary KYC documents as set out in 4.1 above, or fails to satisfy the minimum KYC requirements, Safaricom will refuse to activate the M-PESA account and accordingly advise the Client as such (in which case this Agreement shall be null and void). For the avoidance of doubt, Safaricom‟s refusal to activate the M-PESA account shall neither confer on the Client any right to contest Safaricom‟s decision nor give rise to any legal claim against Safaricom under this Agreement.

5. REVERSALS

  1. The Client shall within a reasonable period (but in any event no later than 72 hours) initiate and complete reversal transactions where a payment made to it, is manifestly made in error.

  2. Where the Client fails to initiate and complete the reversal in accordance with 5.1 in the event of a manifest error, then the Client consents to, Safaricom to initiate and complete the reversal. At all times Safaricom shall only make the reversal having due regard to the circumstances of the erroneous payment.

  3. Where a dispute in relation to a reversal arises, Safaricom may suspend the Client‟s M-PESA account to facilitate an amicable resolution of the dispute.

6.  SERVICE FEES 

The Service shall be subject to the charges and minimum/maximum transaction values appointed by Safaricom from time to time. Safaricom may by notice from time to time vary the charges and minimum/maximum transaction values. 

7.  CONFIDENTIALITY

  1. Each party warrants that it will treat in confidence all Confidential Information which it acquires as a result of the operation of this Agreement and to afford it the same protection afforded to its own Confidential Information.

  2. Neither party will reveal any Confidential Information to any third party (including public statements) without the written consent of the disclosing party, except where such information is already in the public domain, has been legally acquired by the third party, or where disclosure of the confidential information is ordered by a court or other competent authority. 7.3.   Safaricom may disclose the Client‟s Confidential Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with regulatory requirements (b) legal process; (c) enforce the terms of this Agreement; (d) respond to claims that the Client‟s use of the M-PESA Service violates the rights of third-parties; or (e) protect the rights, property, or personal safety of Safaricom, its subscribers and the public. Where such information is required for any of the purposes above, the Client shall provide such assistance as may be reasonably required by Safaricom to ensure compliance.

8. WARRANTIES, INDEMNITIES & LIMITATION OF LIABILITY

  1. The Client represents and warrants that none of its senior officers or directors (i) has ever been convicted of any crime (other than minor traffic offences); and (ii) has ever been charged of any crime relating to fraud, embezzlement, theft, money laundering, financing terrorism or terrorist organizations, receiving stolen property, or illegal drugs or other controlled substances anywhere in the world. The Client shall notify Safaricom in writing within forty eight (48) hours after any of these representations and warranties ceases to be true.

  2. The Client warrants that it has obtained all the necessary approvals (whether internal or regulatory) to use the Service.

  3. Each party shall indemnify the other, and keep each other indemnified, from and against any and all loss, damage or liability, costs and expenses (including legal expenses) howsoever arising and incurred by the other party resulting from (i) any breach of this Agreement; or (ii) any third party claim in respect of any matter arising from any person‟s conduct, provided that the liability has not been incurred directly through any default either party in relation to this Agreement.

  4. The Client shall indemnify and defend Safaricom against, and pay any final judgment awarded against Safaricom, resulting from third party claims arising from the use of the Services leading to loss or damage (including consequential loss or damage) where the proximate cause of such loss or damage is attributable to the Client‟s negligence, recklessness, indifference, delay or failure to receipt or acknowledge a Customer‟s Payment after the Customer has effected a Merchant Transaction to the Merchant on the MPESA System.

  5. safaricom shall not be liable to the client or any other person where:

    1. the transaction amount sought by the customer is below the minimum or above the maximum limits as communicated by safaricom from time to time;

    2. the customer has entered incorrect details and the payment is made to the wrong mpesa system participant;

    3. the client’s hardware, software or internet provider’s service is dysfunctional;

    4. the transaction is suspicious or fraudulent resulting in losses to a third party; the transaction details   received  are incorrect;

    5. the merchant’s receipt of funds is intercepted by legal process or other encumbrance restricting the transfer; or

    6. unforeseen circumstances prevent the execution of a transaction despite any reasonable precautions taken by safaricom. 

  6. Without prejudice to any other provisions of this Agreement, each party undertakes to indemnify the other party and keep the other party indemnified on demand for and against all proceedings, costs, claims, damages, expenses and liabilities of whatsoever nature howsoever suffered or incurred arising out of or by reason of any infringement or alleged infringement of any intellectual property rights arising as a result of carrying out their obligations under this Agreement.

9.  SUSPENSION 

Safaricom may, with reasonable notice where practicable, suspend the availability of the Service to The Client wholly or partially for any reason, including without limitation, where (i) The Client fails to comply with any laws, rules or regulations of the Kenya regarding the Service; (ii) The Client fails to observe any term or obligation set out herein; or (iii) the Client carries on prohibited activities using the MPESA service as set out in Clause 12. 

10  TERMINATION

  1. Termination on Notice

    Either party may terminate the agreement (i) by giving thirty (30) days prior notice in writing; or (ii) If either of the Parties commits a breach of any material obligation imposed on it in terms of this Agreement and fails to remedy such breach within a period of 30 (thirty) days from the date on which written notice is given to the party in breach without prejudice to the right to hold the Defaulting Party liable in damages as a result of such termination.
  2. Termination by Safaricom

    Safaricom may terminate this Agreement immediately if the Client uses or is reasonably suspected of using the MPESA Service in furtherance of any unlawful or criminal activity or for any conduct prohibited under clause 12. Safaricom may terminate the agreement if the M-Pesa Account remains inactive for a period of six (6) months. For the avoidance of doubt, an „inactive‟ M-Pesa Account includes one which has not had any credit entries over a continuous period of six (6) months.

  3. Termination not to Affect Remedies

    The termination of this Agreement shall be without prejudice to all accrued rights and obligations of the Parties under this Agreement and to all obligations under this Agreement expressed to continue or take effect after expiration or termination.

11 TAXES

  1. The Client shall solely determine, collect, remit and declare all taxes and income resulting from or in consequence of using the Services to the relevant tax authority and to pay all taxes levies and fees due on such income. Safaricom shall not be liable to the Client for any failure by the Client to comply with its obligations under this clause and the Client shall indemnify Safaricom from any loss or damage arising from any failure to comply with its obligations under this clause.

  2. Each Party shall bear and be responsible for its own taxes, charges, impositions or levies imposed by law.

12 PROHIBITED USAGE & CONDUCT

  1. You agree to not use the Services to:

    1. Conduct anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another‟s privacy, hateful, or racially, ethnically or otherwise objectionable or criminal;

    2. Impersonate any person or entity, including, but not limited to, a Safaricom official, fellow user, or falsely utter or otherwise misrepresent your affiliation with a person or entity;

    3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

    4. Conduct anything that makes available any content or information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    5. Conduct any activity that infringes any intellectual property rights;

    6. Conduct any activity whether solicited or unsolicited, relating to or remotely connected to SPAM, junk mail, pyramid schemes, pornography, unlicensed gaming or gambling or any other form of solicitation;

    7. Conduct any activity that makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    8. Conduct any business that interferes with or disrupts the Service or servers or Networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service;

    9. Conduct any business that intentionally or unintentionally violates any applicable local or international law or regulation;

    10. Collect or store personal data about other users without their express authority; or

    11. Aggregate payments or create „collection accounts‟ on behalf of third party persons without the written consent of Safaricom.

 

13  GOVERNING LAW AND JURISDICTION

The validity, construction and interpretation of this Agreement shall be governed by the laws of Kenya.

14  DISPUTE RESOLUTION

In the event that any dispute has arisen and the parties have not been able to settle the same, within thirty (30) days then, any party may elect to commence arbitration.  Such arbitration shall be referred to arbitration by a single arbitrator to be appointed by agreement between the Parties or in default of such agreement within 14 days of the notification of a dispute, upon the application of either Party, by the Chairman for the time being of the Kenya Branch of the Chartered Institute of Arbitration. Such arbitration shall be conducted in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995.To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties. Pending final settlement or determination of a dispute, the Parties shall continue to perform their subsisting obligations. Nothing in this Agreement shall prevent or delay a Party from making claims or seeking injunctive or interlocutory relief in the High Court of Kenya.

15 AMENDMENT

This Agreement, including its schedules may be amended by Safaricom by way of bulletin, and notices. You acknowledge that such bulletin or notices shall be binding and shall have full legal force as if they were contained in this Agreement. 

16 ASSIGNMENT

This Agreement may not be assigned by the Client, by operation of law or otherwise, without the prior written consent of Safaricom. Safaricom may assign any right or obligation under this Agreement without the prior written consent of the Client.

17.  NOTICES

Except as otherwise specified in the Agreement, all notices, requests, approvals, consents and other communications required or permitted under this Agreement shall be in writing and shall be personally delivered or sent by mail, registered or certified, return receipt requested, postage pre-paid, courier service to the address specified above. Notices shall be deemed given on the day actually received by the party to  whom the notice is addressed.

18. WAIVER

No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.

19 SEVERABILITY

Any provision of this Agreement held by a court of competent jurisdiction to be contrary to any law shall be severed from the agreement, but such severance shall not render the remaining provisions of this agreement ineffective. The remaining provisions of this Agreement will remain in full force and effect.

21 FORCE MAJEURE

Notwithstanding any provision contained in this Agreement, neither party shall be liable to the other to the extent fulfilment or performance of any terms or provisions of this Agreement is delayed or prevented by revolution or other civil disorders; wars; acts of enemies; strikes; lack of available resources from persons other than parties to this Agreement; labour disputes; electrical equipment or availability failure; fires; floods; acts of God; government or regulator action; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of such event.

22 GENERAL

  1. The Parties shall comply with all legal requirements applicable to their role in effecting Transactions. 

  2. This Agreement may be signed in any number of counterparts, all of which shall constitute one and the same instrument. 

  3. This Agreement may be accepted electronically in accordance with the provisions of the Kenya Information and Communications Act or any other applicable law.

 

We/I _______________________________________ Limited

Hereby confirm that we have read the terms of these LIPA NA M-PESA Terms and Conditions and we hereby agree to be bound by them.

 

Signed by (Full Name)

……………………

 

Designation

…………………

 

Signature

……………………………

 

 

In the presence of:

 

Name

…………………………

                                         

Address

…………………………

                                                        

Signature

…………………………

 

 

KCB M-PESA Account Terms & Conditions

TERMS AND CONDITIONS FOR THE KCB M-PESA ACCOUNT

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1. THE AGREEMENT

  1. This Agreement sets out the complete terms and conditions (hereinafter called "these Terms and conditions") which shall be applicable to the KCB M-PESA Account(as hereinafter defined) opened by you (as hereinafter defined) with the Bank (as hereinafter defined).

  2. These Terms and conditions and any amendments or variations thereto take effect on their date of publication.

2. DEFINITIONS

  1. In these Terms and Conditions the following words and expressions (save where the context requires otherwise) bear the following meanings:

  2. under the Companies Act (Chapter 486 of the Laws of Kenya) and duly licensed as a bank under the Banking Act (Chapter 488 of the Laws of Kenya) and includes subsidiaries of the Bank as may from time to time be specified by the Bank to you; licensed under the Banking Act

  3. pursuant to the Banking (Credit Reference Bureau) Regulations, 2013, as amended, revised or promulgated from time to time, to inter alia, collect and facilitate the sharing of customer credit information; means the person in whose name the KCB M-PESA Account with the Bank is existing;

  4. Agent or Agents as may be notified to the Customer by the Bank from time to time; M-PESA Account representing an equal amount of cash; used together enables you to access the Network;

  5. Government of Kenya under the Ministry of State for Immigration and Registration of Persons and its successors; ns a bank account held by a Customer with the Bank and which is

  6. opened and operated in accordance with the Terms and Conditions herein contained; Customer to complement the KCB M-PESA Account; M-PESA Menu on the M-PESA System;

  7. M-PESA Loan Menu on the M-PESA System; value, being the record maintained by Safaricom of the amount of E-Money from time to time held by you in the M-PESA System; and operate the M-Pesa System & your KCB M-pesa Account; through the M-PESA System; the M-PESA Service using the Network; M-PESA System to send or receive money or make payments; a request or instruction received by the Bank from you or purportedly from you through the Network and the System and upon which the Bank is authorized to act; Limited incorporated in Kenya as a limited liability company under the Companies Act (Cap 486 of the Laws of Kenya); mobile phone handset enables you to access the Network and to use the M-PESA and KCB M-PESA System;

  8. mobile phone to another; Customer to communicate with the Bank for purposes of the Services. The System and the Services will for the purpose of this Agreement be accessed through the Safaricom System; newspapers in Kenya or by such other means as the Bank shall in its sole discretion determine. Transaction Fees are subject to change at any time at the

  9. Customer; hall include both the masculine and the feminine gender as well as juristic persons;

  10. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS

  1. Before applying to open the KCB M-PESA Account via the M-PESA System you should carefully read and understand these Terms and conditions which will govern the use and operation of the KCB M-PESA Account.

  2. If you do not agree with these Terms and conditions, M-PESA Menu.

  3. You will be deemed to have read, understood and accepted these Terms and Conditions:

  4. M-PESA Menu requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or

  5. by using or continuing to use and operate the KCB M-PESA Account and/or the Services.

  6. By applying to open the KCB M-PESA Account with the Bank, you agree to comply with and be bound by these Terms and Conditions for the time being and from time to time in force governing the operation of the KCB M-PESA Account and you affirm that these Terms and Conditions herein are without prejudice to any right that the Bank may have with respect to the KCB M-PESA Account in law or otherwise.

  7. These Terms and Conditions may be amended or varied by the Bank from time to time and the continued use of your KCB M-PESA Account and/or the Services constitutes your agreement to be bound by the terms of any such amendment or variation.

4. ACCOUNT OPENING

  1. In order to open a KCB M-PESA Account with the Bank, you must be at least 18 years old and a registered and active M-PESA Subscriber for at least six (6) months immediately preceding the date of your application. The Bank reserves the right to verify with Safaricom the authenticity and status of your M-PESA Account.

  2. You may open a KCB M-PESA Account solely by way of an electronic application made by you using your Equipment via the KCB M-PESA Menu on the Safaricom System.

  3. You hereby agree and authorize the Bank to request Safaricom for your personal information held by Safaricom pursuant to the agreement between you and Safaricom for the provision of Safaricom products and services and M-PESA Service including your phone number, name, date of birth, ID or Passport Number and such other information that will enable the Bank to identify you and comply with the agree and authorize the Bank to request Safaricom for information relating to your use of the M-PESA Service, M-PESA System and Safaricom Services as the Bank shall require for purposes of providing you the M-PESA Information by Safaricom to the Bank and to the aforesaid use of the Personal Information and the M-PESA Information by the Bank.

  4. You hereby agree and authorize the Bank to obtain and procure your Personal Information contained in the IPRS from the Government of Kenya and you further agree and consent to the disclosure and provision of such Personal Information by the Government of Kenya to the Bank.

  5. You hereby further acknowledge and authorize the Bank to verify your Personal Information received from Safaricom pursuant to Clause 4.3 against the information received from the Government of Kenya in your respect as contained in the IPRS.

  6. The Bank reserves the right to request for further information from you pertaining to your application for a KCB M-PESA Account at any time. Failure to provide such information within the time required by the Bank may result in the Bank declining to accept your application for a KCB M-PESA Account.

  7. Acceptance by the Bank of your application for a KCB M-PESA Account shall be done via SMS sent to the Safaricom Mobile Phone Number associated with your M-PESA Account. You acknowledge and accept that the acceptance by the Bank of your application for a KCB M-PESA Account does not create any contractual relationship between you and Safaricom beyond the terms and conditions that apply to your M- PESA Account from time to time.

  8. The Bank reserves the right to decline your application for a KCB M-PESA Account or to revoke the n or giving any notice thereto.

5. YOUR REQUESTS

  1. You hereby irrevocably authorize the Bank to act on all Requests received by the Bank from you (or purportedly from you) through the System and to hold you liable in respect thereof. The Bank may nevertheless refuse to carry out any Requests which would result in there being an overdraft on your KCB M-PESA Account.

  2. The Bank shall be entitled to accept and to act upon any Request, even if that Request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, the Bank believes that it can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.

  3. The Bank shall be deemed to have acted properly and to have fully performed all the obligations owed to you notwithstanding that the Request may have been initiated, sent or otherwise communicated in error or fraudulently, and you shall be bound by any Requests on which the Bank may act if the Bank has in good faith acted in the belief that such instructions have been sent by you.

  4. The Bank may, in its absolute discretion, decline to act on or in accordance with the whole or any part of your Request pending further enquiry or further confirmation (whether written or otherwise) from you. The Bank shall not be under any obligation to so decline in any case, and shall in no event or circumstance be liable for not so declining.

  5. You agree to and shall release from and indemnify the Bank against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to the Bank having acted in accordance with the whole or any part of any of your Requests(or failed to exercise) the discretion conferred upon it.

  6. You acknowledge that to the full extent permitted by law the Bank shall not be liable for any unauthorized drawing, transfer, remittance, disclosure, any activity or any incident on your account by the fact of the knowledge and/or use or manipulation of your M-PESA PIN, password, ID or any means whether or not occasioned by your negligence.

  7. You can only cancel your Request by calling the Customer Care Centre and Requesting cancellation. Cancellation will however only be allowed where your Request is revocable and has not yet been acted on. If the Bank is able to cancel your instruction you may be charged for such cancellation.

  8. The Bank may refuse to make a payment if you do not have sufficient funds in your KCB M-PESA Account. In deciding whether you have sufficient funds, the Bank will take account of any instructions to make payments and regular payments which have not yet been paid from your KCB M-PESA Account. The Bank will not be obliged to take account of regular credits or any amounts received after it has decided not to make the payment.

  9. The Bank is authorized to effect such orders in respect of your KCB M-PESA Account as may be required by any court order or competent authority or agency under the applicable laws.

  10. In the event of any conflict between any terms of any Request received by the Bank from you and these Terms and conditions, these Terms and conditions shall prevail.

6. OVERDRAWING YOUR KCB M-PESA ACCOUNT

  1. No Overdraft will be allowed on your KCB M-PESA Account.

  2. The Bank is entitled to demand repayment of any money overdrawn from your account together with interest and penalties.

7. LIEN

  1. The Bank shall have a general lien over all your property/assets in its possession in the event that you owe any money to the Bank including but not limited to cash, goods, securities or valuables deposited for safe custody as security, cheques presented, bills and any other movable or immovable property charged to secure repayment of any money, whether or not that money has been repaid, and also over all property in respect of which, by the general law, the Bank has lien.

  2. Where you are indebted to the Bank in circumstances giving the Bank a right of set off, all property held under lien in terms of sub-clause 7.1 hereof shall be deemed to be held as security for the debt.

  3. The Bank may at any time give you notice in writing that if an accrued debt is not paid within a period being not less than 14 days (or such other period specified in the notice) from the date of receipt by you of the notice then the Bank may, without further notice, realize sufficient of your assets to discharge the debt.

  4. Any part

  5. You hereby constitute us as your attorney for the purposes of any transaction will be held on your behalf in relation to your assets for purposes of discharging the debt.

8. SET-OFF

  1. The Bank may, upon notice, combine/consolidate your KCB M-PESA Account with any of your other accounts held in the Bank, whether current, loan, savings, deposit, term deposit, joint or any other type and thereafter set off any amount held to your credit against any indebtedness you owe to the Bank.

  2. The Bank may, upon notice to you, set off any amount held to your credit on your M-PESA Account against any indebtedness you owe to the Bank.

  3. The Bank may, upon notice to you, set off your KCB M-PESA Account against any other account or indebtedness in respect of which you are liable, notwithstanding that some other person may also be liable in respect thereof. In such circumstances, upon receipt of an indemnity acceptable to the Bank (against costs) and at your expense, the Bank will give you any assistance necessary in obtaining a refund.

  4. If the set off is for debt recovery, the Bank will provide you with a detailed breakdown of the costs and expenses recovered from you together with a justification for such costs and expenses.

9. STATEMENTS

  1. You may request for a statement or activity report in respect of your KCB M-PESA Account from the

  2. A KCB M-PESA Mini Statement shall provide details of the last 4 (four) transactions (or such other number of transactions as determined by the Bank) in your KCB M-PESA Account initiated from your Equipment.

  3. A KCB M-PESA Mini Statement shall not be sent to you in printed form but shall be delivered to you either by SMS to the Safaricom Mobile Phone Number associated with your M-PESA Account or such other electronic means as the Bank may in its discretion determine. You shall be responsible for the payment of any charges levied by Safaricom in delivering the KCB M-PESA Mini Statement to you.

  4. You may obtain printed KCB M-PESA Mini Statements or a printed bank statement pertaining to your KCB M-PESA Account from the Bank. You shall be responsible for the payment of any charges levied by the Bank for such printed statements. You also hereby authorize the Bank to share your KCB M-PESA Account information with Safaricom for this purpose.

  5. Save for a manifest error, a KCB M-PESA Mini Statement or bank statement issued to you aforesaid in respect of your KCB M-PESA Account shall be conclusive evidence of the transactions carried out on your KCB M-PESA Account for the period covered in the KCB M-PESA Mini Statement and/or bank statement.

  6. Your statement will show all amounts added or taken from your KCB M-PESA Account during the period requested and/or since the previous statement. You must check your statement carefully and tell the Bank as soon as possible if it includes any transaction or other entry which appears to you to be wrong or not made in accordance with your instructions.

  7. The Bank reserves the right to rectify discrepancies, add and/or alter the entries in your statements, without prior notice to you. The Bank will however inform you of any rectification, additions and or alterations effected on your statements within a reasonable time after the changes are effected.

  8. You will be notified of all transactions on your KCB M-PESA Account by way of SMS and the charges for this service will be debited to your KCB M-PESA Account.

10. CUSTOMER COMPLAINTS

  1. Complaints may be made in person, in writing, by post, fax, email or by telephone.

  2. The Bank will take all measures within its means to resolve your complaints within a reasonable time. All comp

  3. available on request from any Bank Branch or the Customer Care Centre. Where a notification regarding your complaint or any other matter is expected from the Bank but not received, the complaint must be made within a reasonable time after non-receipt of such notification.

  4. Applicable tariffs will be charged by your telephone and internet service provider (s) when communicating with the Customer Care Centre.

11. INOPERATIVE AND DORMANT ACCOUNTS

  1. Your KCB M-PESA Account will automatically be classified as inactive if you do not initiate any transactions on the account for a continuous period of 12 months.

  2. The Bank shall make reasonable endeavors to inform you of the intended classification of your KCB M-PESA Account as inactive at least one (1) month before such classification. The Bank shall, no later than seven (7) days from the date of such classification, inform you of such classification by way of SMS alerts addressed to your mobile telephone number.

  3. Your KCB M-PESA Account will be classified as Dormant if it remains inactive for a further period of 12 months, in which case the account balances shall be transferred from your KCB M-PESA Account to a central account for security reasons.

  4. You will not be allowed to transact on an inactive or dormant account but the Bank shall, upon your written (e.g. letter/email) request, inform you of the procedure to be followed to activate your inactive/dormant account.

  5. The Bank may (including without limitation) apply any one or more of the following conditions to your KCB M-PESA Account upon its classification as Dormant:

  6. confirm the validity and authenticity of the first transaction reactivating the account;

  7. suspend the payment of interest (if applicable);

  8. suspend the issuance of statements;

  9. charge a maintenance fee as we may determine from time to time;

  10. If your KCB M-PESA Account will not have any transactions initiated by you for a continuous period of five (5) years or if you shall not have communicated with us for a continuous period of five (5) years regarding your KCB M-PESA Account, such account will be presumed abandoned and transferred to the Unclaimed Financial Assets Authority as such.

12. BANK CHARGES AND EXPENSE INTEREST

  1. The Bank may debit your KCB M-PESA Account with bank fees, commissions, costs and other charges owing:

  2. Unless otherwise agreed in writing, interest on overdrawn accounts, loan accounts or any other facility granted, at any rate or rates as the Bank may determine from time to time, but not exceeding the maximum allowed by law, which rate or rates may be different for different accounts. Such interest will be calculated on daily balances and debited monthly. The Bank will notify you within reasonable time prior to effecting any change(s) as regards interest rates. Where a higher rate of interest has been agreed, the Bank may charge such higher rate on any of your accounts. Such interest is payable notwithstanding the determination of your relationship with the Bank and until you repay the full amount you owe the Bank in full.

  3. Legal charges: Advocate and client charges, costs and expenses incurred in any legal, arbitration or other proceedings arising out of or connected with your KCB M-PESA Account;

  4. Commissions: Commissions at such rates as the Bank may determine from time to time. d) Other charges and expenses: In addition to the debits authorised by sub-clauses (a) and (b) of this clause, all other proper expenses and charges including but not limited to ledger fees, postage, cables, telephone calls, taxes, duties and impositions. The Bank may also debit your account with expenses incurred:

  5. In complying with your requests;

  6. In complying with the requests of authorized and accredited Government or other agencies in relation to your account;

  7. In maintaining your Account;

  8. In collecting or attempting to collect any amount of money you owe the Bank; and v. Expenses incurred in realizing any security or protecting the subject matter of any security issued to the Bank.

  9. Such penalties as are provided in these Terms and Conditions at any rate or rates as the Bank may determine from time to time. The penalties will be calculated on daily balances and debited monthly. Penalties shall be due and payable notwithstanding the determination of your relationship with the Bank until settlement in full;

  10. The Bank will provide you with a detailed breakdown of the costs, charges and expenses incurred under sub-clauses (a), (b), (c), (d) and (e) of this clause in the account statements. Please visit e Tariffs are also available on our website here f) and/or commissions by way of email, SMS, letter and/or notices in the daily newspapers.

13. TAXES

  1. All payments to be made by you in connection with these terms and conditions are calculated without regard to any taxes payable by you. If any taxes are payable in connection with the payment, you must pay the Bank an additional amount equal to the payment multiplied by the appropriate rate of tax. You must do so at the same time as making the payment.

  2. Amounts in your KCB M-PESA Account may be subject to withholding tax in accordance with applicable law.

  3. You consent and agree that the Bank may withhold amounts in your KCB M-PESA Account or any other of your accounts held in the Bank at any time, if any tax authority requires the Bank to do so, or the Bank is otherwise required by law or pursuant to agreements with any tax authority to do so, or if the Bank needs to comply with internal policies or with any applicable order or sanction of a tax authority.

14. KCB M-PESA LOANS

  1. In order to qualify for a KCB M-PESA Loan, you must be at least 18 years old, a registered and active M-PESA subscriber for at least six (6) months and an active KCB M-PESA Account holder.

  2. Upon opening your KCB M-PESA Account, you will receive a confirmation message bearing your credit limit. You may thereafter, subject to these terms and conditions, apply for an emergency loan or device financing loan using the request loan menu on the KCB M-PESA Menu on your Equipment. The Transaction Fees payable for transactions effected in respect of your KCB M-PESA Account from time to time will apply to any transactions effected in respect of your KCB M-PESA Loan.

  3. Customers who do not have an allocated credit limit will be required to save and build a history to get a credit score.

  4. As you apply for the loan, you will be able to select your preferred loan repayment period from the KCB M-PESA Menu on your Equipment. The available repayment period option on the KCB M-PESA Menu will be for repayment within 30 calendar days.

  5. Your KCB M-PESA Loan application will be appraised according to the applicable loan appraisal processes of the Bank. The Bank reserves the right at its sole discretion and without assigning any reason to approve or decline your application for a loan.

  6. Acceptance or rejection by the Bank of your application for a KCB M-PESA Loan shall be done via SMS sent to the Mobile Phone Number associated with your KCB M-PESA Account.

  7. Subject to approval of your application for a loan, the Bank shall disburse to you a loan of an amount to be determined by the Bank in its sole discretion subject to a minimum amount of Kenya Shillings fifty (Kshs.50) and a maximum amount of Kenya Shillings one million (Kshs. 1,000,000) or such other minimum or maximum amount as the Bank may from time to time in its sole discretion determine.

  8. The Bank will directly credit the loan proceeds into your KCB M-PESA Deposit Account subject to any deductions on account of applicable Transaction Fees and interest charges.

  9. You may only withdraw the loan from your KCB M-PESA Account in accordance with Clause 14.1.1 (iii). Transactions between your KCB M-PESA Account and your M-PESA Account will be subject to the deposit and withdrawal limits under the M-PESA Service.

  10. In consideration of the Bank granting you the loan, you shall pay monthly interest on the loan at our prevailing interest rate on loans, which will be set at no more than 4% p.a. above the prevailing Central Bank Rate (CBR) or such other base lending rate as may be determined by the Central Bank of Kenya (CBK). We shall accordingly revise the applicable rate or rates of interest in accordance with the CBR as published from time to time and give you notice of changes to our prevailing interest rate on loans. You confirm that you will visit our website http://ke.kcbbankgroup.com to access our prevailing interest rates on loans and that you shall at all times be bound by the prevailing interest rate as published on the website, notwithstanding that you will not have received notice of changes thereto.

  11. The Customer loan will be issued net of interest and negotiation fees calculated at a rate of 2.5% of the amount borrowed.

  12. You shall make all payments due from you to the Bank in respect of the loan and Transaction Fees through your M-PESA Account, your KCB M-PESA Account, KCB branch or KCB Mtaani Agent.

  13. In the event that you do not repay the loan in full within the agreed repayment period, the Bank will automatically roll over any outstanding amount in respect of the loan for a further period of thirty (30) calendar days.

  14. In consideration of the Bank forbearing to demand the immediate payment of the outstanding amount due in respect of your loan and rolling over the same pursuant to Clause 15.13, you shall, in addition to paying the outstanding amount in respect of the loan any outstanding fee, pay to the Bank a rollover fee to be advised prior to effecting the roll-over of the outstanding amount in respect of the Loan.

  15. You hereby agree to pay costs charges and expenses incurred by the Bank in obtaining or attempting to obtain payment of any loan owed under your KCB M-PESA Loan Account.

  16. The Bank shall be entitled to terminate this Agreement and close your KCB M-PESA Account in accordance with the provisions of Clause 22 without prejudice to any of its rights accruing hereunder if you fail to repay the loan and/or the Transaction Fees due thereon within the agreed repayment period.

  17. The Bank shall utilize funds in any other accounts opened and operated by you to offset any amounts outstanding and due from you to the Bank in respect of your loan.

  18. The Bank shall utilize the funds held in your M-PESA Account to pay off any amounts outstanding from your loan. The Bank shall only exercise this option after giving you notice and after setting off all other funds held by the Bank.

  19. The Bank reserves the right to vary the terms of the loan including the interest rate and fees payable thereon from time to time having regard to the prevailing rules and regulations of the Central Bank of Kenya and the policies of the Bank.

  20. You hereby expressly consent and authorize the Bank to disclose, respond, advise exchange and communicate the details or information pertaining to your KCB M-PESA Account and or loan to Credit Reference Bureaus or any regulator or authority as required under the Banking Act, the Banking Act (Credit Reference Bureau Regulations), 2013, as published, amended or revised from time to time or any other law.

  21. You also hereby expressly consent and authorize the Bank to disclose, respond, advise exchange and communicate the details or information pertaining to your KCB M-PESA Account and or loan to third parties involved in the administration of your KCB M-PESA Account and or loan, underwriting of insurance policies, updating of databases, or provision of user support.

16. KCB M-PESA Account and KCB M-PESA Account

  1. The Customer will be able to send money from one KCB M-PESA account to another KCB MPESA Account.

  2. M-PESA limits will apply and normal person to person M-PESA charges will be applicable.

  3. KCB M-PESA Account Standing Order

  4. Customers will be able to place standing orders from:

  5. M-PESA to KCB M-PESA Account

  6. M-PESA to Target savings Account

  7. KCB M-PESA Account to Target Savings Account

  8. The Customer will be able to stop a standing order

  9. The Customer can have only one standing order account

17. DISCLOSURE

  1. You hereby expressly consent and authorize the Bank to disclose receive record or utilize your personal information or information or data relating to your KCB M-PESA Account and any details of your use of the Services: become to the Services;

  2. to a Credit Reference Bureau;

  3. tribunal in connection with any legal or audit proceedings;

  4. to Safaricom in connection with the M-PESA Service and the Services;

  5. for reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and

  6. in business practices including but not limited to quality control, training and ensuring effective systems operation.

  7. You authorize the Bank to disclose any information relating to your KCB M-PESA Account to any local or international law enforcement or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud or to any other institution or third party as required by the laws of any country and as the Bank may deem necessary.

  8. In the event of death, your estate administrator will be granted access to your KCB M-PESA Account upon production of administration letters from a competent authority or confirmed grant of letters of administration or confirmed grant of probate by your legal representatives duly appointed by the Court.

18. YOUR EQUIPMENT AND RESPONSIBILITIES

  1. You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the System and the Services.

  2. You shall be responsible for ensuring the proper performance of your Equipment. The Bank shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall the Bank be responsible for any computer virus or related problems that may be associated with the use of the System, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and the Bank shall not be responsible for losses or delays caused by any such service provider.

  3. You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by the Bank concerning the use of the System and Services.

  4. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your KCB M-PESA PIN secret and secure. You shall ensure that your KCB M-PESA PIN does not become known or come into possession of any unauthorized person. The Bank shall not be liable for any disclosure of your KCB M-PESA PIN to any third party and you hereby agree to indemnify and hold the Bank harmless from any losses resulting from any KCB M-PESA PIN disclosure. 18.5. You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. To that end, you shall ensure that all communications from the Bank are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected.

  5. You shall immediately inform the Bank through the Customer Care Centre in the event that:

  6. You have reason to believe that your KCB M-PESA PIN is or may be known to any person not authorized to know the same and/or has been compromised; and/or

  7. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.

  8. You shall at all times follow the security procedures notified to you by the Bank from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your KCB M-

  9. are not issued or the relevant functions are not performed by anyone other than a person authorized to do so.

  10. You shall not at any time operate or use the Services in any manner that may be prejudicial to the Bank.

19. EXCLUSION OF LIABILITY

  1. The Bank shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances

  2. delay or non- availability of the System, terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.

  3. The Bank will not be liable for any losses or damage suffered by you as a result of or in connection with:

  4. unavailability of sufficient funds in your M- PESA Account and/or in your KCB M-PESA Account;

  5. failure, malfunction, interruption or unavailability of the System, your Equipment, the Network, M-PESA System and/or M- PESA Service;

  6. the money in your KCB M-PESA Account being subject to legal process or other encumbrance restricting payments or transfers thereof;

  7. your failure to give proper or complete instructions for payments or transfers relating to your KCB M-PESA Account;

  8. any fraudulent or illegal use of the Services, the System and/or your Equipment; or

  9. Your failure to comply with these Terms and conditions and any document or information provided by the Bank concerning the use of the System and the Services.

  10. If for any reason other than a reason mentioned in subparagraphs 19.1 or 19.2, the Services are thereof shall be to re-establish the Services as soon as reasonably practicable.

  11. Save as provided in subparagraph 19.3 the Bank shall not be liable to you for any interference with or unavailability of the Services, howsoever caused.

  12. Under no circumstances shall the Bank be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to the Bank.

  13. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

20. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that the intellectual property rights in the System (and any amendments,upgrades or enhancements thereto from time to time) and all associated documentation that the Bank provides to you through the System or otherwise are vested either in the Bank or in other persons from whom the Bank has a right to use and to sub-license the System and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without the prior written consent of the Bank.

21. INDEMNITY

  1. In consideration of the Bank complying with your instructions or Requests in relation the KCB M-PESA Account, you undertake to indemnify the Bank and hold it harmless against any loss, charge, damage, expense, fee or claim which the Bank suffers or incurs or sustains thereby and you absolve the Bank from all liability for loss or damage which you may sustain from the Bank acting on your instructions or requests or in accordance with these Terms and conditions.
  2. The indemnity in clause 21.1 shall also cover the following:
  3. All demands, claims, actions, losses and damages of whatever nature which may be brought against the Bank or which it may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism,
  4. control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by the Bank.
  5. Any loss or damage that may arise from your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs
  6. Any unauthorized access to your KCB M-PESA Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.
  7. Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by the Bank as a consequence of any breach by these Terms and conditions.
  8. Any damages and costs payable to the Bank in respect of any claims against the Bank for recompense for loss where the particular circumstance is within your control.

22. VARIATION AND TERMINATION OF RELATIONSHIP

  1. The Bank may at any time, upon notice to you, terminate or vary its business relationship with you and close your KCB M-PESA Account and in particular but without prejudice to the generality of the foregoing the Bank may cancel credits which it has granted and require the repayment of outstanding debts resulting therefrom within such time as the Bank may determine.

  2. Without prejudice to the Bank rights under clause 22.1, the Bank may at its sole discretion suspend or close your KCB M-PESA Account:

  3. if you use the KCB M-PESA Account for unauthorized purposes or where the Bank detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

  4. if your M-PESA Account or agreement with Safaricom is terminated for whatever reason;

  5. if the Bank is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;

  6. if the Bank reasonably suspects or believes that you are in breach of these terms and conditions (including non-payment of any Loan amount due from you where applicable);

  7. where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;

  8. to facilitate update or upgrade the contents or functionality of the Services from time to time;

  9. where your account becomes inactive or dormant;

  10. if the Bank decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion.

  11. You may close your KCB M-PESA Account at any time at any Customer Care Centre.

  12. If your KCB M-PESA Account has any credit balance at the time of its closure, we will return any such balance to you, less any applicable fees. If your KCB M-PESA Loan Account is in arrears at the time of closure of your KCB M-PESA Account, you agree to pay to us immediately all amounts you owe us.

  13. Termination shall however not affect any accrued rights and liabilities of either party.

  14. If the Bank receives notice of your demise, the Bank will not be obliged to allow any operation or withdrawal from your KCB M-PESA Account by any person except upon production of administration letters from a competent authority or confirmed grant of letters of administration or confirmed grant of probate by your legal representatives duly appointed by the Court.

23. MISCELLANEOUS

  1. These terms and conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal successors.

  2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.

  3. The Bank may vary or amend these terms and conditions and the Transaction Fees at any time and without notice to you. Any such variations or amendments may be published in posters or pamphlets n the daily newspapers, on the Bank and/or

  4. amendments shall take effect immediately upon publication.

  5. No failure or delay by either yourself or the Bank in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

  6. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

  7. If any provision of these Terms and Conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.

  8. Any addition or alteration to these Terms and Conditions may be made from time to time by the Bank and of which notice has been given to you by way of publication as provided in subparagraph 23.3 shall be binding upon you as fully as if the same were contained in these terms and conditions.

24. NOTICES

  1. The Bank may send information concerning the KCB M-PESA Account via SMS to the Safaricom Mobile Phone number associated with your M- PESA Account.

  2. You acknowledge that you have no claim against the Bank for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the KCB M-PESA Account.

25. DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION

  1. You may contact the Customer Care Center to report any disputes, claims or KCB M-PESA Account discrepancies.

  2. Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre representatives shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act.

  3. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.

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

OKOA STIMA SERVICE Terms and Conditions

TERMS AND CONDITIONS OF THE OKOA STIMA SERVICE

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 1. THE AGREEMENT 

  1. This Agreement sets out the complete Terms and Conditions (Terms and Conditions) which shall apply when you use the Okoa Stima Service by Safaricom and is available at Safaricom’s website located at http://www.safaricom.co.ke (the “Website”).

  2.  Any amendments or variations made to these Terms and Conditions shall take effect on their date of publication or as otherwise provided in such amendment or variation and shall be posted on the Website. 

2. DEFINITIONS AND INTERPRETATION

  1. In these Terms and Conditions the following words and expressions (save where the context requires otherwise) bear the following meanings:

  2.  “Account” means a validly registered Kenya Power account operated by the Customer;

  3.  “Customer” means  an M-PESA subscriber operating an Account with Kenya Power, such Customer may be a Prepaid Customer or a Postpaid Customer;

  4.  “Kenya Power” means the Kenya Power and Lighting Company Limited a duly authorised electric energy/power transmitter and distributer operating within the Republic of Kenya; 

  5. “Loan” or “Loan Amount” means the credit value of the Okoa Stima Loan;

  6.  “M-PESA” means the money transfer and payments service provided by Safaricom through the M-PESA System;

  7.  “M-PESA Account” means a record maintained by Safaricom corresponding with the amount of electronic money from time to time held by the Customer with Safaricom and represented by an equivalent amount of cash held by the Trustee in trust in accordance with the M-PESA Declaration of Trust and the M-PESA Customer Terms and Conditions;

  8.  “M-PESA Declaration of Trust” means together the Declaration of Trust dated 23 January 2007 and the amendment deed dated 19 June 2008 executed by the Trustee under which the Trustee holds all amounts of cash received on the Customer’s account on trust;

  9.  “M-PESA Subscriber” means any person registered to use the M-PESA System to send or receive money or make payments;

  10.  “M-PESA  System”  means  the  system operated by Safaricom in Kenya for the provision of the M-PESA Service using the Network;

  11.  “MSISDN” means the unique Mobile Subscriber Integrated Service Digital Network Number issued to a Safaricom subscriber and is used to identify the subscriber on Safaricom’s Network;

  12.  “Network” means Safaricom’s mobile cellular network;

  13.  “Okoa Stima Loan” means an amount borrowed by the Customer which permits a Customer to make payments for electricity on credit;

  14.  “Pay Bill” means the accounts maintained by Kenya Power with Safaricom for purposes of receiving payments from Customers For purposes of this Agreement Pay Bill means Pay

  15. Bill Number 405050 (for Prepaid Customer payments) and Paybill Number 405051 (for Postpaid Customer payments);

  16.   “Preferred PIN” means the personal identification number that uniquely identifies a You for purpose of use of the Service and created in accordance with clause 4.4. The preferred PIN is confidential to You and should not be disclosed to any other person;

  17. “Prepaid Customer” means a Customer who can only access electricity services from Kenya Power through a pay as you go model by way of  purchasing electricity Tokens prior to using the service;

  18.  “Postpaid Customer” means a Customer who accesses electricity services from Kenya Power and pays for the electricity services utilized monthly in arrears or on such other period or duration as Kenya Power may appoint from time to time;

  19.  “Request” means an instruction received by Safaricom from your mobile phone handset and MSISDN and made via the USSD System and upon which Safaricom is authorized to act; 

  20.  “Safaricom” means Safaricom Limited, a duly licensed converged telecommunications service provider incorporated in Kenya as a limited liability company under the Companies Act (Cap 486 of the Laws of Kenya); 

  21.  Service” means the Safaricom Okoa Stima service offered by Safaricom in which Customers can make payments for electricity on credit, purchase Tokens on credit or make payments for Post Pay power Bills or purchase Tokens for Pre Pay electricity in accordance with these Terms and Conditions; 

  22.  “Service Period” shall have the meaning provided under clause 6.2 of these Terms and Conditions;

  23.   “SMS” means a short message service; 

  24.   “System Menu” means the USSD System menu accessible on the Network and through the Customer’s MSISDN for purposes of issuing instructions and/or Requests to Safaricom in order to access the Service;

  25. “Token” means a serial number issued by Kenya Power entitling a Prepaid Customer to program a Kenya Power meter system provided for such purpose to provide access to a predetermined value of kilowatt-hours at the applicable Kenya Power rate; 

  26. . “Trustee” means the M-PESA Holding Company Limited;

  27.  “USSD” means the Unstructured Supplementary Service Data System;

  28.   “USSD Designated Code” means the USSD system code number *885#  assigned by which the Customer may access the Service through Safaricom’s Network;

  29. USSD System” means the USSD service in which the Customer may instruct Safaricom and operate the Services, the USSD System is accessed by dialling the USSD Designated Code;

  30.   “We” “our” and “us” or its variants means Safaricom and includes the successors and assigns of Safaricom; and

  31.  "You" or "your" or its variants means the Customer;

  32.   Words importing the singular meaning where the context so admits include the plural meaning and vice versa. 

  33. Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement. 

3.   ACCEPTANCE OF THE TERMS AND CONDITIONS  

  1.  These Terms and Conditions apply once you register for the Service. By using or continuing to use the Service, You are considered to have read, understood and accepted these Terms and Conditions.

  2.  These Terms and Conditions may be amended or varied by Safaricom from time to time and your continued use of the Service constitutes your agreement to be bound by such amendment or variation. 

 

4.    REGISTERING FOR AND USING THE SERVICES  

  1.  In order for you to use the Services, you must be a registered M-PESA Subscriber.

  2.  Access to the Service shall be through the USSD Designated code on Safaricom’s Network.

  3. . All instructions to Safaricom to activate an Account or for use of the Service shall be made electronically through the System Menu that will only be accessible to you through the USSD Designated Code. 

  4.  To activate the Service, you must dial the USSD Designated Code and select the option made available on the System Menu for purposes of registering for the Services. 

  5. On the USSD System Menu, you will be required to accept these terms and conditions and create a personal identification number (PIN) for use of the Service.

  6.  Upon successful activation you will receive an SMS confirming your Preferred PIN created in accordance with clause 4.4.

  7.  In order to start purchasing Tokens, whether on credit or otherwise from your M-PESA Account, you will be required to register an Account for the Services.

  8. You may register up to a maximum of three (3) Accounts for use with the Service.

  9.  You will be required to enter your Preferred PIN at all times before you can access the System Menu after first time access detailed in 4.3 above.

5. REQUESTING FOR AN OKOA STIMA LOAN

  1. You may request for an Okoa Stima Loan by selecting and validating the option on the Service Menu made available for that purpose.  

  2.  Without prejudice to the foregoing, you may only borrow up to the maximum value set out in Schedule 1 (Power Credit Eligibility and Issuance) unless otherwise notified by Safaricom. 

  3.   Upon successful completion of the request, if you requested an Okoa Stima Loan as a Prepaid Customer, you will receive an SMS on awarding Tokens equivalent to the Loan Amount. In the case you made a request as a Postpaid Customer, you will receive an SMS advising that that the respective Account has been credited with funds equivalent to the Loan Amount.

 

6.  REPAYING THE LOAN

  1. You will be solely responsible for ensuring that the Loan Amount is repaid in accordance with this clause 6.

  2.  You will be required to repay the Loan Amount within seven (7) calendar days from the date that you made a request for an Okoa Stima Loan. 

  3. To repay the Loan you will be required to select the Account for which you intends to repay the loan on the System Menu. The System Menu will notify you on the balance of the Loan Amount.  You have the option of repaying part of the Loan Amount or repaying the full Loan Amount.  

  4.  Upon successful completion of the re-payment Request made pursuant to clause 6.3, you will receive an SMS confirming that the payment has been received and the status of the Loan Amount.   

  5. If your M-PESA Account does not have sufficient funds to fulfil the re-payment Request then you will receive an SMS informing them you that the payment Request was unsuccessful.

7.   CHECKING OKOA STIMA LOAN STATUS

  1. You may check the balance of your Loan Amount by selecting the option made available for that purpose on the System Menu.

  2. You will receive a message on the System Menu, confirming the status of any Loan Amount outstanding and the due date.

 

8.  FAILURE TO REPAY LOAN

  1. We will use reasonable efforts to notify you  of the outstanding Loan Amount prior to and on the expiry of the seven (7) days Service Period by way of SMS.  Notwithstanding the foregoing, it is your responsibility to regularly check the status of your Loan Amount through the System Menu.

  2. To qualify for a new Okoa Stima Loan, you will be required to repay the total Outstanding Loan within the Service Period.

  3.  You agree that Safaricom or its partners engaged in the provision of the Service may forward your credit information to a licensed credit reference bureau for blacklisting if you do not repay the balance of the Loan Amount within twenty one (21) days from the date that you requested for an Okoa Stima Loan.

  4.  In addition to the above, in the event that you do not repay the Loan Amount within the twenty one (21) days, you will not be permitted to use the Service or access electricity through the Account until the Loan Amount is repaid.  

  5.  You agree that following any action that we may take pursuant to this clause, you agree that such credit reference bureau that has received your credit information may reasonably act on such information to blacklist you from obtaining any loan or credit facilities (including those advanced by any third party) and that Kenya Power may reasonably act on such information to prevent you from using electricity services or purchase Tokens for any Account.

9.  PURCHASING TOKENS AND PAYMENT OF POST PAID BILLS

  1.  A Prepaid Customer may also purchase Tokens by M-PESA through the System Menu option.

  2.  A Postpaid Customer may pay their outstanding Kenya Power Bill by M-PESA through the System Menu.

  3. By confirming payment, you expressly authorise Safaricom to deduct the amount from your M-PESA Account and transfer such sums as part or full payment for an outstanding bill in the case of a Postpaid Customer or for Tokens in the case of a Prepaid Customer. 

  4. The pay bill charges set out under Schedule 2 (Transaction Charges) as amended from time to time, shall apply.

  5. Upon successful completion of the purchase or bill payment, you will receive an SMS confirming the Token number (for Pre-pay Customer) or advising on the status of the Kenya Power bill on the respective Account in the case of a Post-pay Customer.

 

10.  TRANSACTIONAL FEES

  1. We reserve the right to charge you transactional fees for use of the Service as are set out in Schedule 2(Transaction Charges), and as may be varied by Safaricom from time to time. Where possible, we will give prior notice of a variation to the said charges. 

  2.  Notice of such changes will be communicated on our Website or in any of the local dailies or other communication medium of our choice. 

 

11.  DISCLOSURE OF INFORMATION  

  1.  By registering for the Service, you  authorize us to reveal, receive, record or utilize your information or data (including transaction data relating to M-PESA) relating to your use of the Service: 

  2.  to any local or international law enforcement or competent regulatory or governmental agencies for purposes of aiding in  in the prevention, detection, investigation or prosecution of criminal activities or fraud; 

  3. to a Credit Reference Bureau; 

  4.  to a third party involved in the provision of the Services including but not limited to Kenya Power;

  5.  to our lawyers, auditors, debt collectors or other professional advisors or to any court or arbitration tribunal for the purposes of any proceedings; 

  6.  for reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and 

  7.  for any business practices including but not limited to quality control, training and ensuring effective systems operation. 

  8.     You acknowledge that we may retain your transaction data for a period of up to seven (7) years or as may be required by any law or regulation.

  9. . We respect your privacy and at all times we will endeavour to ensure that that information shared with any third party in accordance with clause 11.1 is shared on confidential basis and strictly to the extent necessary for purposes provision of the Services or for any purpose set out under these Terms and Conditions.

 

12.  INDEMNITY AND EXCLUSION OF LIABILITY

  1. p>Access to the Service may be affected by factors outside our control such as system downtime or failure. Uninterrupted access may also arise as a result of scheduled or unscheduled periodic testing, repair, upgrade or maintenance and other factors.  We will use all reasonable efforts to ensure that your transaction Requests are processed in a timely manner and in accordance with the requirements of the law.  Notwithstanding the foregoing, we do not make any representations or warranties as to continuous, uninterrupted or secure access to the Service.  
  2. In return for the provision of the Services by ourselves, you agree  to protect us and absolve us against any law suits, losses, charge, damage, liability, expense (including legal fees), fee or claim that we may suffer, incur or otherwise as a result of our provision of the Services to you. The protection and absolution you provide also includes any claim made by a third party against us that may result from you being in breach of these terms and conditions.

  3. While we will make every commercially reasonable effort to ensure that you receive proper Service, we  will not be responsible to you or to any other person claiming under you for any losses or damage, regardless of the nature in connection with the following unless procured through our own wilful default or fraud: 

    1. a failure, malfunction, interruption or unavailability of the USSD System, your mobile phone apparatus, the Network or the M-PESA System or the unavailability or any delays in disbursement of the Loan Amount;

    2. your failure use or to give proper or complete instructions using the USSD System;

    3. any fraudulent or illegal use of the Service, the USSD System, the M-PESA System and/or your mobile phone apparatus;

    4. any loss that may arise as a result of any negligence on your part including revealing your Preferred PIN to a third party

    5. your failure to comply with these Terms and Conditions; or

    6. other circumstances whatsoever not within our control including, without limitation, force majeure, error, interruption, delay or non-availability of the M-PESA System, the USSD System, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system, lack of available resources, strikes or labour disputes.

  4. We will not be responsible for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Service even where the possibility of such loss or damage is notified to us.

  5. We exclude any warranty and obligations that are implied by law and not set out in this Agreement to the extent that we are permitted by law. 

  6. In the event of any liability arising under these terms and conditions as a result of which we are found legally responsible you agree that our maximum aggregate liability to you or to any other person shall be limited to the Loan Amount outstanding at the time such liability arose or KES 2,500 whichever is less.

13.  INTELLECTUAL PROPERTY RIGHTS

You agree that the intellectual property rights in the USSD System, the M-PESA System, the Service (and any amendments, upgrades or enhancements made) and all associated documentation that we provide to you through the USSD System or the Service or otherwise are vested either in us or in other persons from whom we have a right to use and to sub-license the USSD System and/or the Service or the M-PESA System and the said documentation. You acknowledge those rights and you agree not to infringe such intellectual property rights. You will not duplicate, reproduce or in any way tamper with the M-PESA System, the USSD System or the Service and associated documentation without our prior written consent.

14. SUSPENSION AND TERMINATION

  1. We may at any time, upon notice to you, suspend, terminate or vary our business relationship with you.

  2. We may cancel credits which we have granted and require the repayment of outstanding debts immediately or otherwise upon notice.

  3.     We have a right to suspend the Services:

    1. if you use the Service for any unauthorized purposes;

    2. if we detect any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Service;

    3. if we are required or requested to do so in order to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;

    4. if we reasonably suspect or believe that you are in breach of these Terms and Conditions;

    5. if you fail to repay the Loan Amount accrued for more than 21 days.

    6. If required to do so to address technical problems or for reasons of ensuring safety;

    7. to facilitate update or upgrade the contents or functionality of the Service from time to time;

    8. where you remain inactive for any period of time that we may determine but in no event less than six (6) months; or

    9. if we decide to suspend or cease the provision of the Service for commercial reasons or for any other reason as we may reasonably determine.

    10. You may opt out of the Service by deregistering an Account using the option made available for that purpose under the System Menu.

    11. Termination shall however not affect any rights and responsibilities of either party that arose prior to termination.

15.  NOTICES  

  1. We may communicate information concerning the Service to you via SMS or in such other publicly available medium including the Website or in the local dailies. 

  2.  You agree not to bring any claim against us for damages resulting from losses, delays, misunderstandings, mutilations, duplications or any other irregularities due to transmission of any communication pertaining to the Service. 

16.   DISPUTE RESOLUTION  

  1. You may contact us through our customer care centre lines or other customer care contacts provided on our Website to report any disputes, claims or discrepancies in the Service. Our customer care representatives shall handle the report in accordance with our standard complaint handling procedures. 

  2.  Any dispute regarding the Services that is not resolved by our customer care representatives may be referred to arbitration by a single arbitrator to be appointed by agreement between us.  If we do not agree on the appointment of an arbitrator within sixty (60) days from the request for arbitration by a party then either one of us may apply to the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch) to appoint an arbitrator. Arbitration of the dispute will be conducted in Nairobi and in the English language and will be made following the Rules of Arbitration of the said Institute and the provisions of the Arbitration Act 1995 or the respective applicable law. 

  3.  To the extent permitted by the law, the determination of the Arbitrator will be final, conclusive and binding on both parties. 

 

17.  GENERAL

  1. If any clause or part of these terms and conditions is found to be in conflict with any applicable law such clause will be severed and subject to amendment, modification or deletion by us without affecting the validity or enforceability of the remaining terms and conditions. 

  2.  These Terms and Conditions constitute together with the schedules constitute the entire agreement between us with respect to the Service. 

  3.  We reserve the right to solely amend or review these Terms and Conditions from time to time as we introduces new functionalities to the Service or as may be required by law. Such amendments or variations will be notified to you on the Website and by your continuing to operate the Service you shall be considered to have accepted those variations and amendments.

  4. You may not assign any right or obligation that may arise under these terms and conditions without our consent. 

  5.  You agree that our rights will not be lessened or restricted or denied  because of any  leniency or restraint extended by us to you by any delay in exercising or failure to exercise any of our rights unless provided to you in writing and signed by our duly authorised representative. No waiver by us of any breach of these terms and conditions by yourself shall operate as a waiver of any subsequent breach.

  6.  No provision of this Agreement creates a partnership between us or makes you or us a commercial agent of the other for any purpose.  Neither of us except where expressly provided in these terms and conditions  has any authority or power to bind, to contract in the name of, or to create a liability for the other  in any way or for any purpose.

  7.  Nothing in these Terms and Conditions shall be read as preventing any party from pursuing any other remedy available to it under law.

 

SCHEDULE 1 (POWER CREDIT ELIGIBILITY AND ISSUANCE)

  1. Prepaid Customers will be eligible for a maximum of 1.5 times their last Token purchase value up to a maximum of KES 1,000.

  2. Postpaid customers will be eligible for a maximum of 1.5 times their last purchase value up to a maximum of KES 2, 500 subject to (vi) below.

  3. Prepaid customers may only obtain Tokens valued at units of KES 100, KES 200, KES 500, KES 800 and KES 1000.

  4. Postpaid Customers may specify the exact credit amount required subject to (ii) above

  5. Postpaid Customers will be allowed to access credit that partially settles their billshowever their accounts will still be in arrears and liable for disconnection if balance is not settled on time.

  6. Postpaid Customers will not be allowed to get credit which is greater than their bill value.

 

 

SCHEDULE 2 (TRANSACTION CHARGES)

 

  1. Service charge of 10% of the Loan Amount is to be charged.

  2. M-PESA Pay Bill charges for purchase of Tokens or for settlement of bills from Kenya Power as below:

 

Transactional Band (KES)  

 

Charges (KES)

10

49

3

50

99

5

100

9,999

17

10,000

19,999

28

20,000

34,999

50

35,000

49,999

83

50,000

70,000

182

The USE OF SAFARICOM LIPA NA M-PESA POINT OF SALE DEVICES

TERMS AND CONDITIONS FOR USE OF SAFARICOM LIPA NA M-PESA POINT OF SALE DEVICES

Download PDF Version

These Terms and Conditions govern the relationship between the Merchant, “You” and Safaricom Limited, “We/Us” with respect of the Lipa na M-PESA Point of Sale “POS” devices issued to You for purposes of carrying our Lipa na M-PESA Transactions with Customers utilising a Safaricom Card.  These Terms and Conditions are supplementary to and should be read in conjunction with the Lipa na M-PESA Terms and Conditions which are applicable to You.  We reserve the right to vary these Terms and Conditions at any time by ourselves.  The most up to date version of these Terms and Conditions will be published on our website, www.Safaricom.co.ke (the “Website”)

1.  Definitions

1.1.  Meaning of words and expressions:

The following words and expressions – wherever used throughout this Agreement or its appendices – shall have the following meanings assigned to them, unless the text requires otherwise:

  1. “Agreement”    Means these terms and conditions Such card, tag, gadget or wearable device utilising the near field communications technology and which is linked to a

  2. “The Card”  Customer’s M-PESA wallet.  The Card can be used with a Lipa na M-PESA POS to facilitate Transactions with the merchant. The customer to whom The Card has been issued to by

  3. “Customer”  Safaricom and which Card has been activated for purposes of undertaking Transactions. 

  4. “Customer’s M-PESA    Means an account maintained with Safaricom by a

  5. Account”     Customer which stores E-Value.

  6. “Cash”   Means bank notes and/or coins.

  7. Means the electronic value issued by Safaricom and representing an entitlement to an equivalent amount of the

  8. “E-Value”  Cash held by the Custodial Trustee as defined in the Lipa na M-PESA Terms and Conditions in respect of the acquisition of such electronic value.

  9. Means a business account maintained by you with Safaricom

  10. “Lipa na M-PESA " for purposes of receiving payments in E-Value from Customers

  11. Account”    and maintained in accordance with the Lipa na M-PESA Terms and Conditions.

  12. “Lipa na M-PESA Means an agreement accepted by you and governing the Terms and Conditions”   provision of services by us fashioned at facilitate payments by  Customers to your Lipa na M-PESA Account.  Refers to You. The Party that has executed the Lipa na M-PESA Terms and Conditions for purposes of receiving

  13. “The Merchant”  payments from Customers in the ordinary course of business and intends to utilise the POS Devices for purposes of facilitating Lipa na M-PESA Transactions. 

  14. “The Merchant’s It is an establishment, firm, headquarters, or branch in which Establishment” or  the Merchant practices his business and in which one or more “The Establishment”: “Point of Sale Devices” is installed. It is the device installed at the premises of the Merchant to be used in accepting payments for Transactions made utilising

  15. “POS Device” the Card together with the software and related hardware or instruments.

  16. “POS” System It is the receipt that proves the Transaction made via “POS”

  17. Receipt or “The      terminal, given by the Merchant to the Customer.  The receipt Receipt”:    can either be a physical receipt or an electronic receipt The instructions issued by Safaricom to the Merchant regarding the use and operation of POS system and the

  18. “POS Manual”   amendments thereof from time to time. These instructions include any manuals, bulletins, advisories and guidelines or answers to frequently asked questions (FAQs)

  19. “Transaction” Means a transfer of E-Money from a Customer’s M-PESA Account to your Lipa na M-PESA Account

 

2.  Commencement and Duration of this Agreement

  1. This Agreement shall be effective from the date that it is signed by your authorised representative and shall remain valid until it is terminated in accordance with its terms.

  2. Any party may cancel this Agreement at any time and for any reason. 

  3. In case of the termination of this Agreement for any reason whatsoever, you agree to perform the following:

  4. Return to us the POS Device and all the materials, equipment, instruments, books and records or documentation provided by ourselves to you for purposes of the use of the POS Device.

  5. Refrain immediately from using or presenting our trade mark.

  6. Enable us to disconnect the POS Device and any  equipment, software or instruments connected to it and deliver them in the same condition as they were in during the commencement of the Agreement, save for ordinary wear and tear.  In the event that you are unable to deliver the POS Device for one reason or another, we may charge you for the costs of a POS Device as solely determined by ourselves. 

  7. Pay any charges that may have accrued with respect to the utilisation of the POS Device as may be provided for under the provisions of clause  6 (Fees and other charges).

 3. Rights of Ownership

  1. The POS Device is the property of Safaricom.

  2. You shall not violate our ownership rights and you shall not suffer any mortgage or charge or any kind of encumbrance on the POS Device.

  3. You shall not be entitled to sell, dispose, mortgage, assign the POS Device or make any arrangement with a third party that results in any right in that device. 

 

4.   Installation and Maintenance of the POS Devices

  1. We shall at our own expense provide you with the POS device, within a reasonable time, after you accept these terms and conditions.

  2. The POS Device is always subject to the Manufacturer’s Limited Warranty.

  3. You shall provide and prepare all the wiring and connections necessary for power supply, telephone lines and prepare the area suitable for the installation of the POS Device in your premises at your own expense. 

  4. We shall install the POS Device in Your Premises in accordance with these terms and conditions and the POS Manual and any other terms and conditions that may be added from time to time by ourselves. 

  5. You shall permit us, our representatives, staff, agents, or contractors to carry out whatever action necessary to verify that the POS Device is installed in the location agreed upon in your premises.

  6. . You agree to keep the POS Device always under your custody or the custody of your staff, agents and contractors permitted to use the POS Device.  You agree that you shall not waive the holding of the device or control thereof unless in the cases specified in accordance with these terms and conditions or as otherwise approved by Safaricom in writing.

  7. You agree to protect and keep the POS Device protected and utilised in accordance with the POS Device’s Manual and such applicable POS Manual and that you shall not suffer any abuse to the POS Device or allow other persons to abuse it in any manner.  In the event that you are in breach of the foregoing then we reserve the right to charge you for the costs of replacement of a new POS Device or terminate these terms and conditions without further recourse or remedy to you. 

  8. You shall immediately inform us in the event of any breakdown or malfunction occurred in the POS Device. Your failure to promptly notify us may affect any applicable warranty terms to which the POS Device is subject to and to such extent you may be required to meet the costs of repair and replacement of the POS Device.

  9. We shall, after receiving the notice of the breakdown or the malfunction, take all the measures necessary to repair or replace the POS Device if necessary, as soon as possible. We shall have the right to authorize a third party to do the same. In the event that the POS Device is under warranty, such repair or replacement shall be procured free of charge.  Any costs for any repair or replacements undertaken out of warranty shall be chargeable to you.

  10. You agree that you will not permit anyone other than ourselves, our representatives, staff, agents, or contractors to carry out the maintenance and repair works necessary for the POS Device. We shall not be held liable for any malfunctioning, injury or loss occasioned by the POS Device as a result of any maintenance or repair works undertaken without our written authority.  We are under no obligation to further repair or replace the POS Device if you are in breach of this clause and we reserve the right to demand for the POS Device and subject you to reasonable charges for its repair or replacement of the POS Device. 

  11. We shall bear the maintenance costs and expenses for repairing the breakdown or malfunction during the Warranty Period unless such breakdown or malfunction is determined to be: (i) due to your fault or negligence; (ii) as a result of the use of the POS Device other than for its ordinary purpose; or (iii) the modification or repair of the POS Device other than as is authorised by ourselves in writing.

5. Operation of the POS Devices

  1. You will comply with these terms and conditions and the POS Manual while operating the POS Device. 

  2. You agree to put the POS Device to immediate use.  We reserve the right to recall any POS Device that is not used or operated for a period exceeding 30 (thirty) days from the date of supply and installation by ourselves and redeploy it to any other Merchant. Upon the exercise of this right, we may also exercise the right to terminate these terms and conditions immediately without further obligation, notice or reference to you. 

6.  Fees and other Charges

  1. While the POS Device may be offered to you free of charge we reserve the right to charge you for the use of the POS Device.  In the event that such shall be the case then we shall give you adequate notice. 

  2. In the event that a fee is applicable, we are permitted from time to time to amend those fees and any amendment will be published on our Website.  

  3. At any time should we decide: (i) to charge a fee for the POS Device, whether one off or continuously as a rental fee for the POS Device or (ii) to amend the applicable fees,  you may notify us within thirty (30) days of your rejected and you may terminate these terms and conditions.  You will be required to deliver up the POS Device to any of our Safaricom Retail Centres or pay the sum of KES 5000 which we may deduct from your Lipa na M-PESA Account. 

  4. The bank may from time to time amend the above-mentioned fees and commissions. The merchant shall be notified of the new fees and commissions thirty (30) days prior to the date of commencement of the validity thereof. The Merchant may notify the Bank in writing during the said thirty (30) days period of its rejection to the new fees and commissions. Hence, this agreement shall terminate automatically as of the date specified for the commencement of application of the new fees and commissions without prejudice to the rights and obligations of the parties of this agreement during the validity period prior to its expiry.

7. Your Obligations

  1. During the course of this Agreement you agree:
    1. To observe and fulfil any contractual requirement with the Customer for the purchase of goods and/or services pursuant to a Transaction.

    2. Not to charge any additional charges or commissions or levies to Customers who are carrying out Transactions using a Card and the POS Device or otherwise offer such goods and/or services at a higher price than their normal price should they have been bought in Cash.

    3. Not to impose a minimum transaction amount in order to accept Transactions made by the Customer using the Card and effected by the POS Device. 

    4. To ensure that the POS Device is used by authorized personnel only only and that such usage complies with the terms of this agreement and the POS Manual.

    5. Not to effect any harm, abuse, reverse engineering, modification, amendment, deletion, or addition to POS Device, the software running on it, the hardware, instruments or wiring connected to it.

    6. To only use the advertising or promotional equipment, or media provided or approved by Safaricom.

    7. To permit us or facilitate permits for us or our  representatives, staff, agents, and contractors to access your premises at such reasonable times for purposes of installation examine, repair, renew, maintain, remove, or control any of the POS Devices or any hardware, instruments or wiring connected to it. 

    8. To further provide all the facilities necessary to perform the abovementioned works indicated in 6.1.7 above or any other works deemed necessary by ourselves. 

    9. To refrain from providing any guarantees for the goods or services provided by the yourself which may result in any obligation or responsibility to be borne by us in any manner whatsoever.

    10. To comply with any directives, regulations, requirements, guidelines, bulletins, instructions or similar edicts issued by us with respect to the use of the POS Devices.

 8. Your Warranties and representations

  1. All the data, information, papers and documents provided by you to us, which form the basis of this Agreement, are valid, true and real, and that no change has been made to them until the date of signing this agreement, and that it did not conceal any of such details, information, papers or documents, that may affect the conclusion of this Agreement.

  2. You carry out legitimate business and that you will comply with all applicable laws, regulations and requirements issued by the Government of Kenya.

  3. You will honour and fulfil your obligations under any contract of sale with respect to a Transaction with a Customer. 

  4. The conclusion of this Agreement shall result in obligations that are legally valid, obligatory, effective and executable according to the terms and conditions thereof. 

  5. This Agreement will not violate the requirements of any other agreement, undertaking or document that imposes any specific obligation on you.

9.  Suspension Rights

Safaricom is entitled to exercise any rights of suspension of the Merchant should the Merchant be in breach of the terms of this Agreement or the Lipa na M-PESA Terms and Conditions.

 

10.  Extent of our Liability and Our Attendant Rights

  1. Our books, records, and statements shall be a decisive evident of the amounts or obligations due from the Customer to a Merchant under this Agreement. You may not object to the validity thereof in any manner other than on reasonable grounds.

  2. You will solely be held fully responsible for any damages, claims, costs, or compensations incurred by the us at any time due to any negligence, error or fault committed by yourself, your representatives, employees, agents, or contractors in respect of the Transactions made through the point of sale system.

  3. You will bear the full responsibility of any damage that affect the POS Device or the software on it or any hardware, instruments or connections related to it due to: (i) your violation of the POS Manual or any license agreements to which the attendant POS Device software is subject to; (ii) your negligence and that of your representatives, staff, agents or contractors; (iii) your fraud and that of your representatives, staff, agents or contractors.

  4. You agree to discharge us from any liability whatsoever of damages, direct or indirect losses, lawsuits, claims, costs or expenses that may be incurred by the you due to a fault or interruption in the POS Device, our software or systems utilised for purposes of facilitating Transactions utilising the Cards and the POS Device. 

  5. In the event of any loss howsoever incurred, whether in tort (including negligence) or in contract and relating to claims under this Agreement, you agree that our liability shall be limited to KES 100,000 or the maximum value of the loss whichever is less. 

11.   General

  1.  The non-use or delay in the use of any right, or authorities granted to us under this Agreement shall not be a waiver thereof or a waiver of right to use it. 

  2.  The Merchant declares that the address mentioned below is to be its selected in all matters related to this Agreement, or resulted from the application thereof such as disputes, court cases filed before all types and levels of litigation and for the compulsory executive measures. All the correspondence, account statements, legal and court notices addressed from the Bank to it at this address shall be valid and legally effective.

  3.  The selected address of the Merchant is the legal selected address to serve any official notices and correspondences in all matters related to this agreement and execution thereof. Any change to this selected address shall not be valid and effective unless after the date of receipt of notice of such change by the First Party under a registered mail with acknowledgement of receipt.

  4.  This Agreement shall be subject to the laws of Kenya.  The Courts of the Kenya shall have exclusive jurisdiction to settle any disputes resulted from the execution of this Agreement.

  5.  In the event of any dispute under this Agreement that is not resolved amicably between the Parties within 60 days from the date of notification of the dispute, a party may refer the matter for arbitration before one arbitrator appointed by the Chairman for the time being of the Kenyan Chapter of the Chartered Institute of Arbitrators of the United Kingdom (the “Institute”).  The arbitration shall be conducted in Nairobi, in the English language and in accordance with the rules of the Institute and the Arbitration Act, 1995 and/or any successor legislation. 

  6.  Any provision of this Agreement held by a court of competent jurisdiction to be contrary to any law shall be severed from the agreement, but such severance shall not render the remaining provisions of this agreement ineffective. The remaining provisions of this Agreement will remain in full force and effect.

  7.  Notwithstanding any provision contained in this Agreement, neither party shall be liable to the other to the extent fulfilment or performance of any terms or provisions of this Agreement is delayed or prevented by revolution or other civil disorders; wars; acts of enemies; strikes; lack of available resources from persons other than parties to this Agreement; labour disputes; electrical equipment or availability failure; fires; floods; acts of God; government or regulator action; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of such event.

  8.  This Agreement may be accepted electronically in accordance with the provisions of the Kenya Information and Communications Act or any other applicable law.

  9. This Agreement may be signed in any number of counterparts, all of which shall constitute one and the same instrument.

  10.  The Parties shall comply with all legal requirements applicable to their role in effecting Transactions.

  11.  Notwithstanding any provision contained in this Agreement, neither party shall be liable to the other to the extent fulfilment or performance of any terms or provisions of this Agreement is delayed or prevented by revolution or other civil disorders; wars; acts of enemies; strikes; lack of available resources from persons other than parties to this Agreement; labour disputes; electrical equipment or availability failure; fires; floods; acts of God; government or regulator action; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If any force majeure event occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of such event.

  12. This Agreement, including its schedules may be amended by us by way of bulletin, and notices. You acknowledge that such bulletin or notices shall be binding and shall have full legal force as if they were contained in this Agreement.

  13.  You may not assign this Agreement by operation of law or otherwise, without our prior written consent. We may assign any right or obligation under this Agreement without your prior written consent.  

 

 

M-PESA 1 Tap Card Terms and Conditions

SAFARICOM M-PESA CARD TERMS AND CONDITIONS

Download PDF Version

These terms and conditions apply to your M-PESA Card which by extension includes without limitation tags, wrist bands, devices and cards utilising the near field communications technology (NFC) and issued to you by Safaricom (the “M-PESA Card”). You must read them carefully. In these terms and conditions "you" means the named M-PESA Cardholder and the authorised user of the MPESA Card. “Safaricom” refers to Safaricom Limited, “M-PESA” refers to the money transfer service managed by Safaricom, “POS” means Point of Sale and “Website” means our website (www.safaricom.co.ke). These terms should be together with our M-PESA Customer Terms and Conditions that are available on our Website and that govern your use of the M-PESA Service.

1. Your M-PESA Card

  1. Use of the M-PESA Card is restricted to the locations appointed by Safaricom in its sole discretion (“Locations”).

  2. You will not be able to use your M-PESA Card after its expiry date as indicated on the Card.

  3. Your M-PESA Card is not a credit card or a debit card. You will not earn any interest on any funds loaded on your M-PESA Card. Transactions done will automatically debit the M-Pesa wallet.

  4. You will be eligible for Bonga points for transactions paid for through your MPESA Card.

2. Eligibility

  1. To apply for our M-PESA Card you must be at least 18 years old and a holder of either a National Identity Card or a Military ID or a valid Passport or alien ID.

  2. You must be a registered M-PESA user.

  3. The M-PESA Card is only available to individual M-PESA Customers and is not available to M-PESA Paybill or M-PESA Merchant Customers.

 

3. Applying for and activating your M-PESA Card

  1. The M-PESA Card will be issued in Safaricom Shops and selected dealers available in the Locations listed in clause 1.1 above, at no cost to you.

  2. The M-PESA Card will be activated for your use. Your Card will be paired with your MSISDN in the Safaricom M-PESA Card Management System.

  3. You will receive a message on your MSISDN advising you of activation. You will also be directed on where to access these Terms and Conditions in order to accept or reject them. Once you accept the Terms and Conditions your Card will be activated and you will receive a message advising of the successful activation.

4. Pilot Period

The Pilot will run forsuch period as appointed by Safaricom when the M-PESA Card is made available to you for use.

5. Loading your M-PESA Card

Your M-PESA Card is linked to your M-PESA account. Therefore, before using the M-PESA Card it is your responsibility to ensure that you have sufficient funds in your M-PESA account to cover your transaction plus the costs of the transaction where applicable.

6. Using your M-PESA Card

  1. You can use your M-PESA Card at any outlet with a Lipa Na Mpesa (LNM) Point of Sale (POS) within the Locations as listed in clause 1.1 above.

  2. Detailed instructions on how to use your M-PESA Card are found on our Website and promotional materials that will be distributed in the Locations.

  3. The M-PESA Card and all intellectual property on the Card remains the property of Safaricom. We may ask you to stop using your M-PESA Card and return it to us or destroy it.

7. Card Management

  1. Blocking: To block your M-PESA Card, you may dial such number as may be availed to you for that purpose and follow the prompts, visit any of our Retail Shops in the Locations or call our customer support centre.

  2. Replacement & Reactivation: In the event the M-PESA Card is lost, stolen or misplaced, you can replace your Card at any of the Locations at a fee appointed by Safaricom.

  3. PIN Management: You will be able to change the M-PESA PIN to secure your transactions through the M-Pesa menu available on your SIM card. If you lock your PIN, you can contact our Customer Care or visit any of the retail shops in the Locations for a PIN reset.

  4. Balance Enquiry: Balance on your M-PESA account reflects the balance available on the M-PESA Card for any transaction, Balance query will be done from the M-PESA menu.

  5. Mini Statements/Full Statements: You can access your M-PESA Mini Statement or full statement by dialling *234# or though the Web Self-care menu and putting in your PIN or through the Safaricom APP.

8. Accounts Closure (Death and Next of Kin Processing)

  1. For purposes of account closure as a result of death, Safaricom’s next of kin procedure shall be used where a claim is made for the funds in his/her account.

    1. The following documents shall be presented by the claimant in person at the Retail Centre.

    2. Copy of the Death Certificate.

    3. Letter from Provincial Administration Office e.g. PC or DC.

    4. Sworn Affidavit.

    5. Copy of ID of Claimant.

  2. In place of (8.2.2) and (8.2.3) above, a claimant can bring the following documents below;

    1. Grant of probate where an M-PESA subscriber dies and has written a will.

    2. Letter of Administration where a person dies without a will.

 

9. Cancellation and expiry of your M-PESA Card

This agreement will continue unless terminated. You have a legal right to cancel your M-PESA Card at any time. A redemption fee may be charged (see Fees section below).

  1. We may terminate or suspend, for such period as may reasonably be required, Your use of the M-PESA Card or any of them at any time, without prior notice:

  2. in the event of any fault or failure in the data information processing system;

  3. if We reasonably believe that You have used or are likely to use the MPESA or any of them (or allowed them to be used or are likely to) in breach of any provision of this Agreement or to commit any offence;

  4. if any available balance may be at risk of fraud or misuse;

  5. if We suspect that You have provided Us with false or misleading information;

  6. by order or recommendation of any relevant governmental or regulatory authority;

  7. If We are not satisfied with any anti-money laundering or other investigations We have undertaken or if we suspect fraud;

  8. In the event of your death

  1. If you cancel your M-PESA Card, once all transactions and fees have been deducted, we will arrange for any unused funds to be refunded to you through the M-PESA system.

10. Keeping your M-PESA Card secure

You should treat your M-PESA Card like cash. If it is lost or stolen, you may lose some or all of your money via the M-PESA Card, in the same way as if you lost cash in your wallet or purse. As a result, you must keep your M-PESA Card safe and not let anyone else use it. You shall immediately notify Safaricom through the customer care number (100) of the loss of your card. However, Safaricom shall not be liable for any lost funds on your M-PESA Card where Safaricom has not been notified of the loss of the Card

11. Limitations of Liability; Force Majeure

  1. We will not be liable for any loss arising from: any cause which results from abnormal or unforeseen circumstances beyond our control, consequences which would have been unavoidable despite all our efforts to the contrary; or a merchant refusing to accept your M-PESA Card; or our compliance with legal and regulatory requirements; loss or corruption of data unless caused by our wilful default.

  2. We are also not liable for: business interruption, loss of revenue, goodwill, opportunity or anticipated savings; any indirect or consequential loss.

  3. Safaricom’s total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise under or in connection with any claim relating to a Purchase shall be limited to 100% of the value of that Purchase.

  4. We shall have no liability for any failure or delay resulting from any event or condition beyond the reasonable control of us, including governmental action or acts of terrorism, strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, war, riot, civil commotion, malicious damage, accident, breakdown of plant or machinery, earthquake, fire, flood or other acts of God, compliance with any law or governmental order, rule, regulation or direction, default of suppliers or subcontractors or Internet disturbances.

12. Card Expiry

Your card will expire on the date indicated on the Card. Once your M-PESA Card has expired you will not be able to use the M-PESA Card.

13. Changes to these Terms

We may change these terms and conditions and the changes to this terms and conditions will be published on the website. Your continued use of the M-PESA Card signifies acceptance of the changed terms and conditions. Where you are not agreeable to the change of these terms you are free to terminate this agreement as per the terms of Clause 10 herein. We may at any time suspend, restrict or cancel your M-PESA Card or refuse to issue or replace a M-PESA Card for reasons relating to the following:

  1. If we do this, we will inform you as soon as we can or are permitted to do so after we have taken these steps. Like other payment cards, we cannot guarantee a retailer will accept your M-PESA Card.

  2. if we are concerned about security of your M-PESA Card or we suspect your M-PESA Card is being used in an unauthorised or fraudulent manner;

  3. if we have reasonable grounds to believe that you are acting in breach of this agreement;

  4. if we believe that a transaction is potentially suspicious or illegal; or

  5. because of errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.

  6. If we refuse to authorise a transaction, we will, if practicable, tell you why immediately unless it would be unlawful for us to do so.

  7. The M-PESA Card is non-transferable. The person to whom the M-PESA Card is issued is the only person authorized to use the Card. Please do not give your Card to anyone else to use.

14. Your Details

You must let us know as soon as possible if you change name, address, phone number or e-mail address. If we contact you in relation to your M-PESA Card, for example, to notify you that we have cancelled your M-PESA Card, we will use the most recent contact details you have provided to us. Any e-mail to you will be treated as being received as soon as it is sent by us. We will not be liable to you if your contact details have changed and you have not told us.

15. No Endorsement of Goods and Services

Safaricom does not represent or endorse, and shall not be responsible for: the safety, quality, accuracy, reliability, integrity or legality of any Merchant or Goods and Service, the truth or accuracy of the description of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through the Service; or the ability of Merchants to deliver Goods and Services.

16. Complaints

The M-PESA Card programme is managed by Safaricom. If you are unhappy in any way with your M-PESA Card or the way it is managed, tell us by using the email enquiry facility on the Website so we can investigate the circumstances for you. Any complaints you have will be dealt with quickly and fairly.

17. Assignment

We may assign the benefit and burden of these terms and conditions to another company at any time. If we do this, your rights will not be affected.

18.Governing Law

These terms and conditions will be construed in accordance with Kenyan law.

19. Fund Protection

The funds in the M-PESA Card will be held under the M-PESA Platform to ensure the security of the funds. You will therefore only load and redeem funds from the card through your MSISDN.

20. M-PESA Card Issuer

Your M-PESA Card is issued by Safaricom, and your M-PESA Card is not transferable to anyone else. By using the M-PESA Card you are agreeing to these terms and conditions.

 

 

SAFARICOM LIPA NA M-PESA CONSUMER PROMOTION

TERMS AND CONDITIONS FOR SAFARICOM LIPA NA M-PESA CONSUMER PROMOTION

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The following terms and conditions apply to the Lipa Na M-PESA Promotion (“the Promotion”) and by participating in the Promotion you will be deemed to have read, understood and accepted the same:-

1. Definitions

  1. Customer means registered M-PESA User.

  2. Customer band means a cluster of customers that have been grouped according to how much they spend in a week.

  3. Target means the amount each subscriber will be required to spend in a week in order to receive the award. Amount is based on their average weekly usage

  4. Lipa Na M-PESA means the Safaricom payment system upon which a Customer can pay for goods and Services through M-PESA.

2. Eligibility

  1. a) This Promotion is open to all Customers who are registered as M-PESA users before 1st February 2018.

3. The Promotion Period

The Promotion will run from 0000 hrs 6th  March 2018 to 2359 hrs 5th  April 2018.

4.How to Participate

  1. Customers will be automatically opted into the Promotion (“Participating Customers”).

  2. Each Participating Customer shall receive an offer (“the Offer”) by SMS requiring them to spend a certain amount through Lipa Na M-PESA based on their average weekly usage (“the Target”).

  3. Upon reaching the Target amount, each Participating Customer shall be awarded with instant cash back on their M-PESA account.

  4. The Participating Customer may also confirm/check the reward by confirming from their M-PESA account.

  5. Customer may also opt in or out of the Promotion by dialling *234#.

5. Details of the offer

  1. Each Customer Band will be given a weekly Target to achieve by paying with Lipa Na M-PESA, and thereafter awarded with cash back on their M-PESA account in real time when they hit their Target.

  2. Once a Customer achieves the allocated Target, there will be a reward of instant cash back on their qualifying M-PESA account.

6. Promotion Rules

  1. B2C transaction are excluded from the promotion

  2. C2B transactions are excluded from the promotion

7. Other Terms

  1. Save as modified above, these Terms and Conditions are supplemental to and subject to the published Safaricom “Lipa Na M-PESA Consumer Promotion” Terms and Conditions, available at safaricom.co.ke and the terms and conditions for other Safaricom Services that you may be using.

  2. Safaricom reserves the right to amend or vary these Terms and Conditions or to withdraw the Promotion at any time. In any of these events, notice will be given via SMS to the eligible subscribers and will be effective immediately or as at the date referred to in such notifications.

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

THE SAFARICOM CUSTOMER CREDIT SERVICE

TERMS AND CONDITIONS FOR THE SAFARICOM CUSTOMER CREDIT SERVICE

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1. DEFINITIONS

  1. In these Terms and Conditions the following words and expressions bear the following meanings: 

    1. “Credit Reference Bureau” means a credit reference bureau duly licensed to collect and facilitate the sharing of customer credit information;

    2. “IPRS” means the Integrated Population Registration System set up and maintained by the Government of Kenya under the Ministry of State for Immigration and Registration of Persons and its successors;

    3. “M-PESA Account” means   your   mobile money store of value, being the record maintained by Safaricom of the amount of E-Money from time to time held by you in the M-PESA System;

    4. “M-PESA Service” means  the  money transfer and payments service provided by Safaricom through the M-PESA System;

    5. “M-PESA System” means  the  system operated by Safaricom in Kenya for the provision of the M-PESA Service using the Network;

    6. “Request” means instructions by a customer requiring Safaricom’s action or response whether in relation to the Service, customer support, general queries, acceptance of terms or any other instructions incidental to Safaricom’s service. 

    7. “Safaricom” means Safaricom Limited incorporated in Kenya as a limited liability company under the Companies Act (Cap 486 of the Laws of Kenya);

    8. “Services” shall include the unsecured short term credit advance services offered by Safaricom to eligible customers pursuant to this Agreement and such other service under this Agreement as you may  from  time  to  time  subscribe  to  and “Service” shall be construed accordingly;

    9. “SIM Card” means  the  subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network and to use the M-PESA and KCB M-PESA System;

    10. “SMS” means a short message service consisting of a text message transmitted from one mobile phone to another;

    11. “System” means Safaricom’s mobile-based communications software enabling the Customer to communicate with Safaricom for purposes of the Services;

    12. “Transaction Fees” includes  any fees and charges payable for the use of the Services as published by Safaricom on Safaricom’s website and/or the daily newspapers in Kenya or by such other means as Safaricom shall in its sole discretion determine. Transaction Fees are subject to change at any time at Safaricom’s sole discretion;

    13. “We,” “our,” and “us”, means Safaricom and includes the successors and assigns of Safaricom;

    14. “You” or “your” means the Customer and includes the  personal  representatives of  the Customer;

    15. The word “Customer” shall include both the masculine and the feminine gender as well as juristic persons;

    16. “Services” shall refer to the unsecured short term credit advance services offered by Safaricom to eligible customers;

    17. “System” means Safaricom System;

    18. Transaction Fees” includes the any fees and charges payable for the use of the Services;

  2. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

2.  ACCEPTANCE OF THE TERMS AND CONDITIONS

This Agreement sets out the complete Terms and conditions. You will be deemed to have read, understood and accepted these Terms and conditions by using the Services. 

 3.  SERVICE ACCESS

  1. In order to access the credit service, you must be at least 18 years old and a registered and active M-PESA Subscriber for at least six (6) months immediately preceding the date of your application. 

  2. You may access the service using your phone’s MPESA menu.

  3. You hereby consent to the use of the Personal Information for the provision of said services by Safaricom. Safaricom reserves the right to request you for further information pertaining to your application. Failure to provide such information within the time required may result in them declining your application.

  4. You hereby agree and authorize Safaricom to obtain and procure your Personal Information contained in the IPRS from the Government of Kenya, and you further agree and consent to the disclosure and provision of such Personal Information by the Government of Kenya to Safaricom.

  5. Acceptance of your application shall be done via SMS. This does not create any contractual relationship between you and Safaricom beyond these terms and conditions. Safaricom reserves the right to decline your application or to revoke the same at any stage at its discretion and without assigning any reason or giving any notice thereto.

 4. YOUR REQUESTS 

  1. You hereby irrevocably authorize Safaricom to act on all Requests received from you. You agree to and shall release from and indemnify Safaricom against all claims, losses, damages, costs and expenses arising as a result of any of your Requests (or failure to exercise such).

  2. Safaricom shall be entitled to accept and to act upon any Request, even if incomplete or ambiguous if, in its absolute discretion, we believe that we can correct the incomplete or ambiguous information in the Request without any reference to you being necessary.

  3. You can cancel your Request by calling the Customer Care Centre and Requesting cancellation. Cancellation will be allowed where your Request is revocable and has not yet been acted on. 

  4. Safaricom may refuse to make a payment if you do not have sufficient funds in your MPESA Account. In deciding whether you have sufficient funds, Safaricom will take account of any instructions to make payments and regular payments which have not yet been paid from your M-PESA Account. Safaricom will not be obliged to take account of regular credits or any amounts received after it has decided not to make the payment.

  5. Safaricom is authorized to effect such orders in respect of your Account as may be required by any court order or competent authority or agency under the applicable laws. 

  6. Safaricom may refuse to carry out any Requests which would result in there being an overdraft on your Account. No Overdraft will be allowed on your Account. Safaricom is entitled to demand repayment of any money overdrawn from your account together with interest and penalties. 

 

5. OPT IN PROCESS:

  1. The service will only be available to white listed specific Safaricom mobile numbers.

  2. Customers will opt in by dialing the service USSD code, and will be required to accept the terms and conditions.

  3. Upon successfully accepting the terms and conditions, the customer will receive a confirmation message.

  4. Safaricom will score the customer and create a rating that will also determine their credit limit.

6. LOAN REQUEST PROCESS:

  1. The customer will access the USSD channel and can select to either check loan limit or select the option request loan; the loan limit will be displayed in the loan request page. This will at all time be subject to a credit score process that includes analysis of the customer’s MPESA usage, CBR ratings and previous credit transactions.

  2. The customer will then be required to enter the loan amount

  3. Safaricom will process the request and a notification message will be sent to the customer once said funds are approved (account is credited) or denied.

7. LOAN REPAYMENT PROCESS:

  1. The customer will access the USSD channel and choose to settle the full loan amount or settle a partial amount. For the latter they will be required to provide an amount.

  2. The loan account will be adjusted accordingly on Safaricom’s platform.

  3. The customer will be notified of the status of their loan repayment.

  4. There is a rollover fee of 5% on the outstanding balance every 30 days.

  5. There is a maximum of two rollovers before you are reported to CRB (Credit reference Bureau)

  6. You will be reported to CRB after the 90th day of default.

 

8. STATEMENTS

  1. You may request for a statement or activity report using your M-PESA Mini Statement which will provide details of the last transactions in your Account.

  2. The M-PESA Mini Statement shall not be sent to you in printed form but shall be delivered to you by SMS. 

  3. Your statement will show all amounts added or taken from your Account during the period requested and/or since the previous statement. You must check your statement carefully and tell Safaricom as soon as possible if it includes any transaction or other entry which appears to you to be wrong or not made in accordance with your instructions.

  4. Safaricom reserves the right to rectify discrepancies, add or alter the entries in your statements, without prior notice to you. Safaricom will however inform you of any rectification, additions and or alterations effected on your statements within a reasonable time after the changes are effected.

9.  CUSTOMER COMPLAINTS

  1. Complaints may be made in person, in writing, by post, email or by telephone. 

  2. Safaricom will take all measures within its means to resolve your complaints within a reasonable time. All complaints will be handled in accordance with Safaricom’s complaints handling procedures, which are available on request from any Customer Care Centre. Applicable tariffs will be charged by your telephone and internet service provider (s) when communicating with the Customer Care Centre.

 10. DISCLOSURE

  1. You authorize Safaricom to disclose any information relating to your Account to a Credit Reference Bureau, or any local or international law enforcement or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud or to any other institution or third party as required by the laws of any country and as Safaricom may deem necessary.

    1. You shall take all reasonable precautions to detect any unauthorized use of the System and the Services. You shall immediately inform Safaricom through the Customer Care Centre in the event that:

    2. You have reason to believe that your M-PESA PIN is or may be known to any person not authorized to know the same or has been compromised; or

    3. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.

  2. You shall not at any time operate or use the Services in any manner that may be prejudicial to Safaricom.

 11. EXCLUSION OF LIABILITY

  1. Safaricom shall not be responsible for any loss suffered by you should the Services be interfered with or be unavailable by reason not within Safaricom’s control.

  2. Safaricom will not be liable for any losses or damage suffered by you as a result of or in connection with:- 

  3. .unavailability of sufficient funds in your M- PESA Account and/or in your Account;

    1. failure, malfunction, interruption or unavailability of the System or M- PESA Service;

    2. the money in your Account being subject to legal process or other encumbrance restricting payments or transfers thereof;

    3. . your failure to give proper or complete instructions for  payments or transfers relating to your Account;

    4. any fraudulent or illegal use of the Services, the System and/or your Equipment; or

    5. Your failure to comply with these Terms and conditions.

  4. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

12. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that the intellectual property rights in the System and all associated documentation are vested in Safaricom. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the System and associated documentation without prior written consent of Safaricom.

13.   INDEMNITY

In consideration of complying with your requests in relation the Account, you undertake to indemnify Safaricom and hold it harmless against any loss, charge, damage, expense, fee or claim sustained from acting on your instructions or in accordance with these Terms and conditions.

14.VARIATION AND TERMINATION OF RELATIONSHIP

  1. Safaricom may at any time, upon notice to you, terminate or vary its business relationship with you and close your Account.

  2. Without prejudice, Safaricom may at its discretion suspend or close your Account:

  3. .if you use the Account for unauthorized purposes or where Safaricom detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

  4.  if your M-PESA Account or agreement with Safaricom is terminated for whatever reason;

  5.  if 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;

  6.  if Safaricom reasonably suspects or believes that  you are  in  breach of  these terms and conditions  (including  non-payment of any Loan amount due from you where applicable);

  7.  where such a suspension or variation is necessary as a consequence of technical problems;

  8.  to facilitate update or upgrade the contents or functionality  of  the  Services  from  time  to time;

  9.  where your account becomes inactive ;

  10.  If Safaricom decides to suspend or cease the provision of the Services for commercial

  11. reasons or for any other reason as it may determine in its absolute discretion.

  12.  You may close your Account at any time at any Customer Care Centre.

  13.  Termination shall however not affect any accrued rights and liabilities of either party.

 15.MISCELLANEOUS

  1. These terms and conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal successors.

  2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.

  3. No failure or delay by either yourself or Safaricom in exercising any right or remedy hereunder shall operate as a waiver. If any provision of these terms and conditions are unenforceable, it shall not affect the other provisions.

16.DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION

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

  2. You may contact the Customer Care Center to report any disputes, claims or Account discrepancies.

  3. Any dispute arising that is not resolved by our Customer Care Centre shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act.

  4. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto. 

 

 

THE FULIZA M-PESA SERVICE

TERMS AND CONDITIONS FOR THE FULIZA M-PESA SERVICE

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1. THE AGREEMENT

  1. This Agreement sets out the complete terms and conditions between you, Safaricom, KCB Bank Kenya Limited (KCB) and NCBA Bank Kenya PLC (NCBA) for the Service (as hereinafter defined) and shall be binding on your personal representatives and assigns.

  2. These terms and conditions and any amendments or variations thereto take effect on their date of publication.

  3. These Terms are supplemental to the M-PESA Terms and Conditions. In the event of any inconsistency between these Terms and the M-PESA Terms and Conditions or any other relevant Terms and Conditions, these Terms and Conditions shall prevail.

2. DEFINITIONS

In these terms and conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings:

  1. Agreement” means these terms and conditions and any amendments that will be made from time to time.

  2. Amount Due” refers to any Facility amount, Interest, Fees, charges that remains unpaid after the Facility Term.

  3. Applicant” means any person who, through the Opt-In Function, applies for enrolment or registration onto the Service and establishment of an Overdraw Limit.

  4. Credit Reference Bureau” or “CRB” means a credit reference bureau duly licensed under the Banking Act pursuant to the Banking (Credit Reference Bureau) Regulations, 2013, as amended, revised or promulgated from time to time, to inter alia, collect and facilitate the sharing of customer credit information.

  5. NCBA” or “NCBA Bank” means NCBA Bank Kenya PLC incorporated in Kenya as a limited liability company under the Companies Act and duly licensed as a bank under the Banking Act and includes affiliates or subsidiaries of NCBA as may from time to time be specified by NCBA to you.

  6. Currency Equivalent” means the Kenya shillings equivalent of the corresponding E-Value amount.

  7. Customer” means any Applicant or any person who has registered to use the Service and has accepted this Agreement.

  8. Customer Care Centre” means a customer care center designated for the Service in accordance with these terms and conditions.

  9. Event of Default” refers to any of the circumstances set out in Clause 10 below.

  10. E-Value” means the electronic value issued by Safaricom and transacted within M-PESA and representing an entitlement to an equivalent amount of the cash monies.

  11. Equipment” includes your mobile phone handset, M-PESA enabled SIM Card and/or other equipment which when used together enables you to access the Network.

  12. Facility” means any funds advanced to your MPESA Account to enable you complete payments for the transactions and services provided under Clause 12 where your M-PESA Account Balance has insufficient funds.

  13. Facility Term” means the period agreed for full Repayment of the Facility, being the earlier of full repayment of the Facility or thirty (30) calendar days from the date when the outstanding Facility was first granted. The Facility Term shall not be affected by any subsequent or further Request made within the Overdraw Limit until the Facility is paid back in full.

  14. Fees” means the Fees applicable for the Services and include all

  15. A daily administrative fee (as per our prescribed tariff) up to a maximum of Thirty (30) Kenya Shillings per day for each day your Facility remains unpaid during the Facility Term; and

  16. Any other Fees for the Facility as communicated by us from time to time in accordance with this Agreement and includes any charges, and applicable taxes thereon under the laws of Kenya.

  17. Government” means the National Government, County Government or any other Government lawfully established under the laws of Kenya.

  18. IPRS” means the Integrated Population Registration System operated by the Government.

  19. "”Interest” shall mean the rate of 1.083% or such other rate as may be approved and communicated from time to time

  20. KCB” means KCB Bank Kenya Limited incorporated in Kenya as a limited liability company under the Companies Act and duly licensed as a bank under the Banking Act and includes affiliates or subsidiaries of KCB Bank as may from time to time be specified by KCB to you.

  21. “KCB M-PESA” means the KCB M-PESA service offered by KCB in partnership with Safaricom.

  22. “KCB M-PESA Subscriber Data” means a KCB M-PESA subscriber’s name and any of such subscriber’s national identity card number, military card number, diplomatic identity card number, alien card number, passport number or driving licence number.

  23. KCB M-PESA Subscriber Credit Data” means data relating to your credit activity within the KCB M-PESA system.

  24. Know Your Customer” also known as KYC refers to the customer due diligence obligations prescribed by relevant laws and as may be prescribed or recommended by the Government or Central Bank of Kenya from time to time;

  25. M-PESA” means the money transfer and payment service that is managed and operated exclusively by Safaricom in Kenya and licensed by the Central Bank of Kenya.

  26. M-PESA Account(s)” means your M-PESA wallet registered in your name and through which you applied for the Services.

  27. M-PESA Subscriber” means a person who has registered to use M-PESA and accepted the MPESA terms and conditions.

  28. M-PESA Subscriber Credit Data” means data relating to your credit activity within the M-PESA System.

  29. M-PESA Subscriber Data” means an M-PESA Subscriber’s name and any of such subscriber’s national identity card number, military card number, diplomatic identity card number, alien card number, passport number or driving licence number, as reflected in Safaricom’s records from time to time.

  30. M-PESA System” means the technical platform for the time being providing the M-PESA service.

  31. M-Shwari” means the M-Shwari service offered by NCBA in partnership with Safaricom.

  32. M-Shwari Subscriber Data” means an M-Shwari subscriber’s name and any of such subscriber’s national identity card number, military card number, diplomatic identity card number, alien card number, passport number or driving licence number.

  33. M-Shwari Subscriber Credit Data” means information relating to the use by an M-PESA subscriber of the M-PESA Service and the Network.

  34. MSISDN” Mobile Subscriber Integrated Services Digital Network Number (Mobile Number).

  35. Network” means the mobile cellular network operated by Safaricom.

  36. Opt-in Function” means the proprietary menu option developed by Safaricom and available on USSD, M-PESA enabled SIM Cards and the Safaricom App that enables M-PESA Subscribers to apply to Safaricom to register for the Service.

  37. Overdraw Limit” means the maximum Facility amount you are allowed on the Service as defined, established and communicated to you by us from time to time based in your credit score.

  38. Party” refers to You, KCB, NCBA or Safaricom singularly.

  39. Parties” means You, KCB, NCBA Bank and Safaricom jointly.

  40. PIN” means your personal identification number being the secret code used to access and operate your Equipment on the M-PESA System including but not restricted to access and use of the Service.

  41. Recovery Expenses” include any costs incurred by us to recover Overdue Amounts.

  42. Repayment” means repayment of any amount due under the Service as defined in these Terms and Conditions including but not restricted to repayment of the Facility, Interest and Fees.

  43. Request” means a request or instruction received by us from you or purportedly from you through the Network and the System and upon which we are authorized to act.

  44. Safaricom” means Safaricom PLC, a public limited liability incorporated in Kenya under the Companies Act.

  45. Safaricom App” means the software application known as Safaricom App as published, updated and upgraded by Safaricom from time to time.

  46. Service” means the M-PESA Account overdraw service which allows M-PESA Subscribers to overdraw their M-PESA Accounts in order to complete transactions in Accordance with this Agreement.

  47. SIM Card” means the subscriber identity module which when used together with other prescribed Equipment enables an M-PESA Subscriber to use the M-PESA Service.

  48. STK Menu” means the M-PESA STK menu embedded on the SIM Card and appearing on the M-PESA user interface.

  49. USSD” means the USSD service provided by Safaricom.

  50. We,” “our,” and “us,” means Safaricom, KCB and NCBA and includes our successors and assigns.

  51. You” or “your” means the Customer and includes the Customer’s personal representatives and assigns.

  52. Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

4. ACCEPTANCE OF THE TERMS AND CONDITIONS

  1. Before opting-in or registering for the Service, you should carefully read and understand these terms and conditions as they govern the access, use and operation of the Service. These Terms and Conditions are available on safaricom.co.ke, www.kcbgroup.com and www.ke.ncbagroup.com. Where you are unable to read and understand these terms and conditions from an electronic device you are requested to collect a printed version from a Safaricom Shop.

  2. If you do not agree with these terms and conditions, please click “Decline” on the Opt-in Function.

  3. You will be deemed to have read, understood and accepted these terms and conditions:

    1. Upon clicking on the “Accept” option on the Opt-in Function requesting you to confirm that you have read, understood and agreed to abide by these terms and conditions; and or

    2. by using or continuing to use and requesting for the Service.

  4. By registering for the Service, you agree to comply with and be bound by these terms and conditions as amended and revised from time to time and you affirm that these terms and conditions are without prejudice to any other rights that we may have in law or otherwise regarding your registration, access and use of the Service.

  5. We may from time to time vary or amend these terms and conditions and your continued access and use of the Service constitutes your acceptance to be bound by the terms of any such amendment or variation.

5. YOUR REQUESTS

  1. You hereby irrevocably authorize us to act on all Requests received by us using your M-PESA PIN and to hold you liable in respect thereof. We may nevertheless refuse to carry out any requests beyond the scope of the Service as offered from time to time.

  2. We shall be deemed to have acted properly and to have fully performed all our obligations upon our compliance with the Request. We may ask for further information or confirmation (whether written or otherwise) from you before complying with a Request but shall not be obliged to comply with a Request in the absence of such further information or confirmation.

  3. We shall decline any Request for a Facility under the Service if you exhaust your Overdraw Limit or M-PESA transactional limit (as communicated by Safaricom) and reserve the right to partly decline your Request if fully complying with the same would cause you to exceed the Overdraw Limit or MPESA transactional limit. In deciding whether to offer you the Service, we shall take account of any outstanding Facilities, Interest plus Fees on your M-PESA Account in accordance with these terms and conditions or the terms and Conditions relating to the M-PESA Service. We shall not be obliged to take account of regular credits or any amounts received after declining such Request.

  4. You can only cancel a Request by Requesting cancellation through the Sim Tool Kit (STK) or using the My Safaricom Application (APP). Cancellation will however only be allowed where your Request has not yet been acted on by us. If we are able to cancel your Request you may be charged for such cancellation.

  5. You hereby authorize us to effect such orders and act on such instructions in respect of your M-PESA Account as may be required by the Government or any court order or by a competent authority or agency under the applicable laws

6. REQUESTING A FACILITY

  1. Upon opting into the Service, you will receive a confirmation message bearing your Overdraw Limit.

  2. If you are not allocated an Overdraw Limit, you must continue to transact on M-PESA in order to build a transaction history and enhance your credit score in order to be eligible an Overdraw Limit.

  3. By accepting these Terms and Conditions, you agree and admit that we reserve the exclusive right to set the Overdraw Limit.

  4. You may check your Overdraw Limit using the appropriate menu option provided on your Equipment through Safaricom USSD or Safaricom App.

  5. You acknowledge that any Facility granted to you will result in an overdraft on your M-PESA Account up to the equivalent of the value of the Facility, Interest and Fees applicable to the Facility. The Interest and Fees will be added onto the Facility and deducted from your M-PESA Account. The Interest and Fees will include any applicable taxes, levies and excise duties applicable under the law.

  6. You may Opt-In to the Service through more than one MSISDN in accordance with this Agreement and subject to repayment of any Overdraw Limit provided under the Service.

  7. Your Request for a Facility will be appraised according to our Facility appraisal procedures. We reserve the right at our sole discretion and, without assigning any reason, to approve or decline such Request. Communication of our acceptance or decline of your Request will be via SMS sent to your Safaricom mobile phone number (MSISDN) and or Equipment.

  8. Any Facility granted must be repaid in full within thirty (30 days from the date when the Facility was first granted (the first draw down date). You will not qualify for any new or additional Facility where any facility remains outstanding beyond the thirty (30 days or are in default of any of the Terms and Conditions of the Facility including these terms and Conditions.

  9. You may Request for the Facility multiple times within the Facility Term subject to the Overdraw Limit.

7. OVERDRAW LIMIT

  1. We may from time to time prescribe the minimum and maximum Overdraw Limit(s) you may be able to Request on the Service. Such limits will be communicated through SMS, our website, www.safaricom.co.ke or may obtained from any Safaricom Shop.

  2. The Overdraw Limit is subject to review from time to time and we reserve the right to vary your Overdraw Limit without giving any reasons. We shall notify you of any variation to the Overdraw Limit and your continued use of the Service will constitute acceptance of your revised Overdraw Limit.

  3. Where you have any outstanding Facility for more than thirty (30) days, your right to use the Service and any un-utilised Overdraw limit will be suspended forthwith

8.CREDIT SCORING

Your Overdraw Limit and our continued approval of your Requests for a Facility will be determined by your credit score. Your credit score will be assessed based on various matters including the information obtained from your use of Safaricom Services and the KCB M-PESA Service, MShwari Service and repayment history on your existing Overdraw Limit.

9. REPAYING THE FACILITY

  1. Provided that no event of default (as outlined in this Agreement) has occurred it is agreed that the Facility shall be available on an ongoing/continuous basis for a period of Thirty (30) days from the first date of utilisation of the Facility (The Facility Term).

  2. After the expiry of the Facility Term, We reserve the sole discretion to renew or extend the Facility Term. Subject to our periodic review of your limit as set out in Clause 7, you acknowledge that the renewal or extension will be under the existing terms and conditions. You will be notified of each instance of renewal or extension of the Facility Term.

  3. You irrevocably instruct us to automatically recover the Facility in full together with Interest and Fees from the appropriate M-PESA Account. You acknowledge that, in order to effect these instructions, Safaricom shall automatically debit the amounts due from the credits deposited or received into your M-PESA Account at any time until the Facility is cleared in full.

  4. We may terminate our relationship with you and suspend your access to the Service if you fail to repay the Facility in full together with any outstanding Interest and Fees within the Facility Term.

  5. Any funds available in your M-PESA Account shall be applied towards Repayment of the amount due in the following order of priority:

    1. First in repayment of all Interest and Fees.

    2. Secondly towards repayment of the Facility.

10. EVENTS OF DEFAULT

An event of default occurs:

  1. Where any Facility is due and unpaid for (30) thirty days or more, or

  2. Where you have exceeded your Overdraw Limit; or

  3. If any representations or statements or particulars made by you are found to be incorrect; or

  4. If you commit any breach or fail to observe, keep or perform any of the terms, conditions covenants or provisions of any other agreement between us and yourself in respect of the Facility; or

  5. If there is reasonable apprehension that you are unable to pay your debts or we receive any notice that you have admitted any inability to pay your debts as they become due; or

  6. If you are convicted under any criminal law in force related to use of the services or any other related services; or

  7. If any judgment or decree in any legal proceedings is passed against you which is not satisfied within seven (7) days of demand, or

  8. If a Garnishee or Attachment Order or a lien created against any of your deposits with us or assets maintained by you is made.

11. CONSEQUENCES OF DEFAULT:

  1. At any time after an Event of Default has occurred which is continuing, KCB and NCBA may, without prejudice to any other right or remedy granted to us under any law:

  2. terminate the Services in accordance with clause 23 below;

  3. declare that the Facility (inclusive all Interest, fees and charges) and all other amounts outstanding under these Terms and Conditions is immediately due and payable, whereupon you shall be required to settle the Facility with immediate effect; and

  4. hold any of your funds standing in credit with KCB or NCBA as collateral and security for any amounts outstanding and due from you in respect of the Facility or Service. You hereby agree and confirm that NCBA and KCB is entitled in its discretion to prevent or restrict you from withdrawing in whole or in part the funds in your accounts for so long as and to the extent of the amount outstanding in respect of your Loan without KCB or NCBA giving any notice to you and/or without incurring any liability to you whatsoever in that connection.

  5. have a right of lien and set off over funds held by you in any of your accounts with KCB or NCBA. KCB or NCBA may, without notice, set off against any amount due from any other account whether current, loan, or loans or any other type of account. A right of lien and setoff shall exist over savings and mobile saving accounts

  6. submit information concerning the Event of Default to Credit Reference Bureaus as required under the Banking Act or any other regulatory body.

  7. take reasonable measures including engaging an independent debt-collection agency, to recover the amount in default.

12. USING THE FACILITY

You may only utilize your Facility to complete the following transactions on M-PESA via STK or MySafaricom APP (hereinafter “Permitted Transactions”) to the extent that funds available on your M-PESA Account would otherwise be inadequate to complete payment for the Permitted Transaction:

  1. to send money to registered and unregistered M-PESA customers;

  2. To make payments via “Lipa na M-PESA” transactions. We may from time to time add or withdraw the Permitted Transactions.

  3. Your Facility will be applied strictly for completion of Permitted Transactions.

  4. You accept that completion of the Permitted Transactions and all matters arising from or related to completion of the Permitted Transactions shall be strictly governed by the terms and conditions for the M-PESA Service.

  5. We reserve the right to vary the Interest and Fees payable thereon from time to time having regard to the prevailing rules and regulations and our policies provided that increase of Interest, Fees and charges will be effected thirty (30) days after issuance of a notice of the intended increment.

13.LIEN AND SECURITY RIGHTS

  1. You acknowledge and accept that we shall have a general lien over (right to retain) all your property in our possession. Such property and assets include but are not restricted to cash, goods, securities or valuables deposited for safe custody as security, cheques presented, bills and any other movable or immovable property charged to secure repayment of any money, whether or not that money has been repaid, and also over all property in respect of which, by the general law, we have lien. Property held under lien in these terms and conditions shall be deemed to be held as security for the Facility, up to an amount equivalent to the aggregate of the outstanding principal on your Facility and the Recovery Expenses. You hereby also constitute us as your attorney for the purposes of completing and perfecting any transactions in relation to your M-PESA Account or any other of your property held by us in lien for purposes of discharging your Facility, including the

  2. Recovery Expenses and unpaid Interest and Fees (“Outstanding Amounts”).

  3. A written notice of fourteen (14) days running from the date of issuance of the same to you shall be issued to advise you of our intention to realize sufficient amounts of your property held in possessory lien to settle any Outstanding Amounts. Any Repayment received after lapse of the notice will be accepted strictly on account and without prejudice to our rights.

  4. You agree not to terminate or cancel registration of your Safaricom mobile phone number (MSISDN) when you have any Outstanding Amounts.

14.STATEMENTS

  1. We shall from time to time, through Safaricom and at your Request, provide you with statement(s) or activity report(s) in respect of your M-PESA Account on your Equipment through the STK Menu, USSD or Safaricom App (“the Mini Statement”). You may also from time to time request Safaricom for statement(s) or activity reports in respect of your M-PESA Account through the same channels.

  2. The Mini Statement will provide details of your last four (4) transactions on the Service or such other number of transactions as we may determine.

  3. The Mini Statement will not be sent to you in printed form but will be delivered to you either by SMS to the Safaricom mobile phone number (MSISDN) associated with your M-PESA Account or such other electronic means as we may determine. You shall be responsible for the payment of any charges associated with delivery of the Mini Statement to you.

  4. You may obtain your full statement or the Mini Statement in printed form from your nearest Safaricom Shop. You shall be responsible for payment of any charges payable for such printed statements.

  5. The full statement and or Mini Statement will show all transactions carried out on your M-PESA Account during the period requested and or since the previous statement. You must check your statement carefully and inform us as soon as possible, of any errors or anomalies or transactions not made in accordance with your instructions.

  6. You will be deemed to have accepted all entries in your Statement if you do not raise queries or objections on the entries therein within fifteen (15) calendar days from the statement date.

  7. Save for a manifest error, the full statement and or Mini Statement issued to you aforesaid in respect of your M-PESA Account shall be conclusive evidence of the transactions carried out on your MPESA Account for the period covered in the Mini Statement and or full statement.

  8. We reserve the right to rectify discrepancies, add and or alter the entries in your full statements or Mini Statement, without prior notice to you. We will however inform you of any rectification, additions and or alterations effected on your statements within seven (7) days before the changes are effected.

  9. You will be notified of all transactions on your MPESA Account by way of SMS.

15.LOSS OF EQUIPMENT AND UNAUTHORIZED TRANSACTIONS

  1. If you lose your Equipment or you for any reason you believe that your PIN may have been accessed by an unauthorized person, you shall immediately notify the Safaricom Customer Care Centre for assistance.

  2. Until and unless we receive your notice of loss or unauthorized access of the PIN as above we shall remain authorized to accept any Requests on your M-PESA Account using your PIN.

  3. You shall give us and any person acting on our behalf all necessary assistance in any investigations, all information as to the circumstances of the loss or possible misuse of your Equipment or PIN in order to enable us to take all reasonable steps mitigate the loss incurred or likely to be incurred as a result of loss of the Equipment or misuse or unauthorized access to your PIN.

  4. You consent to the disclosure by us to third parties of such information as is relevant concerning your M-PESA Account in connection with such loss of your Equipment or possible misuse or unauthorized access of your PIN.

16.CUSTOMER COMPLAINTS

  1. Complaints shall be made by calling or SMS 100 for prepaid, 200 for postpaid or 234 which is for MPESA support. Alternatively, you can visit any Safaricom shop or access the Self-service using code 456.

  2. We, on receiving a complaint, shall provide the complainant with a prompt written acknowledgement within forty eight (48) hours and resolve the complaint in seven (7) working days. For complaints not resolved within seven (7) working days, written updates should be forwarded to the customer on the progress in resolving the complaint, once in every seven days.

 

17.FEES, INTEREST, CHARGES AND EXPENSES

  1. You are responsible for the payment of all applicable Interest and Fees for the use of the Service. The Interest and Fees payable under this Service will be published in information pamphlets, daily newspapers, cash merchant outlets and on the KCB, NCBA and Safaricom websites. Safaricom’s Customer Care team will be on hand to assist you with the Fee schedule if you are uncertain about the applicable Fee.

  2. All Interest and Fees are deducted at source and are subject to change at any time at our sole discretion.

  3. Interest and Fees payable under the facility will be deducted from your M-PESA Account. You shall pay to us and hereby accept that we entitled deduct from your M-PESA Account (without reference to you):

    1. any transaction Interest and Fees payable in respect of the Services;

    2. any legal charges including advocate and client costs incurred by us in obtaining legal advice in connection with the Service and your dealings with us or incurred by us in any legal, arbitration or other proceedings arising out of any dealings in respect the Service and all other Interest and Fees, expenses and taxes, duties, impositions and expenses incurred in complying with your Requests.

  4. Except as may otherwise be notified, Interest and fees are inclusive of all applicable taxes including Value Added Tax at the prevailing rate. You hereby agree to pay all transaction Fees and Interest.

  5. You hereby agree to pay costs charges and expenses incurred by us in obtaining or attempting to obtain payment of any Facility owed under your M-PESA Account.

  6. We shall, at the time when you make any Request on the Service notify you of the applicable Interest and Fees in order to afford you an opportunity to confirm your knowledge and acceptance of them.

  7. We shall provide a detailed breakdown of the Interest and Fees incurred in the full statement and mini statement. Please visit your nearest Safaricom shop for a copy of the complete guide on our tariffs. The tariffs are also available on our websites at https://www.safaricom.co.ke or https://www.ke.ncbagroup.com or https://www.kcbgroup.com

    • Interest and Fees relating to your use of the MPESA Service shall be strictly in accordance with the prevailing terms and conditions for M-PESA Service.

18.TAXES

  1. All Repayments are inclusive any taxes payable by you. You hereby irrevocably grant us permission to revise the Interest and Fees upon any changes to taxes applicable.

19.YOUR PERSONAL INFORMATION

You hereby expressly consent and authorize us to disclose receive record or utilize your personal information or information or data relating to your M-PESA Account with respect to the Facilities granted under the Service and any details of your use of the Services:

  1. to and from our service providers, dealers, agents or any other company that may be or become the our affiliate or subsidiary or holding company for reasonable commercial purposes relating to the Services;

  2. to a Credit Reference Bureau;

  3. to independent debt-collection agencies;

  4. to the our lawyers, auditors or other professional advisors or to any court or arbitration tribunal in connection with any legal or audit proceedings;

  5. for reasonable commercial purposes connected to your use of the Services, such as marketing and research related activities; and

  6. in business practices including but not limited to quality control, training and ensuring effective systems operation.

    1. You authorize us to disclose any information relating to your M-PESA Account to any local, foreign or international law enforcement or governmental agencies so as to assist in the prevention, detection, investigation or prosecution of criminal activities or fraud or to any other institution or third party as required by the laws of any country and as we may deem necessary.

    2. You hereby expressly consent and authorize to the disclosing or sharing of your data between Safaricom, NCBA and KCB for the provision of the Service.

  7. You authorize us to disclose, respond, advise exchange and communicate the details or information pertaining to your M-PESA Account and or your Facility to third parties involved in the administration of your M-PESA Account and Facilities, underwriting of insurance policies, updating of databases, or provision of user support. We employ a range of technologies and internal policy framework to protect the information and data maintained on our systems from loss, unauthorized access, disclosure, alteration, or destruction and has at all times taken and takes all steps reasonably necessary to ensure the confidentiality and integrity of such Personal Information and information and the way it is processed. These policies and standards are periodically updated to keep them up to date with regulations and market developments.

    1. You shall notify your nearest Safaricom Shop in writing of any changes to your Personal Information or update the same through the Equipment on your STK Menu, USSD or Safaricom App including but not restricted to your name and address. Until such notice is received, your Personal Information shall be deemed to be that which you provided in your application to register for the Service.

 

20.YOUR EQUIPMENT AND RESPONSIBILITIES

  1. You shall at your own expense provide and maintain in safe and efficient operating order such Equipment necessary for the purpose of accessing the Services. You shall be responsible for ensuring the proper performance of your Equipment. We shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall we be responsible for any computer virus or related problems that may be associated with your access and use of the Services and Equipment. You shall be responsible for charges due to any service provider providing you with connection to the Network and we shall not be responsible for losses or delays caused by any such service provider.

  2. You shall follow all instructions, procedures and these terms and conditions and any other documents we may provide you concerning access and use of the Services and Equipment.

  3. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your PIN secret and secure. You shall ensure that your PIN does not become known or come into possession of any unauthorized person. We shall not be liable for any disclosure of your PIN to any third party and you hereby agree to indemnify and hold us harmless from any loss and damage we may incur as a result of your intentional, negligent or reckless disclosure of the PIN.

  4. You shall take all reasonable precautions to detect any unauthorized use of your Equipment, PIN and or the Services and immediately notify us and Safaricom to enable us to take steps to protect your M-PESA Account and M-PESA Account respectively.

  5. You shall immediately inform us through the Customer Care Centre in the event that:

  6. You have reason to believe that your PIN is or may be known to any person not authorized to know the same and/or has been compromised; or

  7. You have reason to believe that unauthorized use of the Service has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.

  8. You shall at all times follow the security procedures we notify you from time to time or such other procedures as may be applicable to the Services from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your responsibility to keep Personal Information confidential. In particular, you shall ensure that the Services are not used or Requests are not issued or the relevant functions are not performed by anyone other than a person authorized by you.

21.INTELLECTUAL PROPERTY RIGHTS

You acknowledge that the intellectual property rights in the Service (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that we provide to you are vested either in Safaricom, KCB or NCBA. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with any documentation or functionality on the Equipment, USSD, STK Menu or Safaricom App without KCB, NCBA and Safaricom’s prior written consent.

 

22.INDEMNITY

  1. In consideration of our complying with your instructions or Requests in relation the M-PESA Account, you undertake to indemnify us and hold us harmless against any loss, charge, damage, expense, fee or claim which the we may suffer or incur or sustain thereby and you absolve us from all liability for loss or damage which you may sustain from us acting on your instructions or requests or in accordance with these Terms and Conditions.

  2. The indemnity in clause 22.1 shall also cover all demands, claims, actions, losses and damages of whatever nature which may be brought against any of us or which we may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond the our control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by us.

  3. The Indemnity in Clause 22.1 shall also cover any loss or damage that may arise from your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs, any unauthorized access to your M-PESA Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment, any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by us as a consequence of any breach by these Terms and Conditions by you.

23. VARIATION AND TERMINATION OF RELATIONSHIP

  1. We may at any time, upon notice to you, terminate or vary our business relationship with you and suspend or discontinue your registration and or access to the Service:

    1. if you use the Service or Facility for unauthorized purposes or where we detect any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;

    2. if your M-PESA Account or agreement with Safaricom is terminated for whatever reason;

    3. if we are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority to that effect or necessitating it;

    4. if we reasonably suspect or believe that you are in breach of these terms and conditions (including non-payment of any amount due from you where applicable);

    5. where such a suspension or variation is necessary as a consequence of technical problems or for reasons of your safety;

    6. to facilitate update or upgrade the contents or functionality of the Services from time to time;

    7. where your M-PESA Account becomes inactive or dormant or is deemed abandoned in line with the Unclaimed Financial Assets Act;

    8. if we decide to suspend or cease provision of the Services for commercial reasons or for any other reason as we may determine.

  2. You may cancel registration for the Service at any time through your Equipment or at your nearest Safaricom Shop. You may however not cancel registration if you have an outstanding and unpaid Facility, Amount Due or unpaid Interest and Fees.

  3. Termination shall not affect any accrued rights and liabilities of either party and, in particular, shall not affect your obligations to meet any liabilities incurred prior to such termination.

24.BREACH OF TERMS AND CONDITIONS

  • In the event of any breach of these terms and conditions, We may in circumstances where you fail to comply or fail procure compliance with the terms of a notice consequently served on you, require immediate repayment in full of the Facility and/or forthwith terminate the contractual relationship with you without any consequential liability to you or any other person.

25.DISPUTE RESOLUTION, JURISDICTION AND ARBITRATION

  1. You may contact the Safaricom Customer Care Center to report any disputes, claims or discrepancies in your M-PESA Account or in respect of the Service.

  2. Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre representatives shall be referred to arbitration by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act.

  3. To the extent permissible by law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.

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

26.DEATH OR BANKRUPTCY

  • On your death or bankruptcy, your obligations shall remain in full force and effect until such a time as they shall be duly satisfied.

27. NOTICES

  • Without prejudice to any other clause in these terms and conditions, all notices concerning the Service shall be sent via SMS to the Safaricom mobile phone number (MSISDN) associated with your M-PESA Account and shall be deemed received if we do not receive a delivery failure notice.

28.MISCELLANEOUS

  1. These terms and conditions (as may be amended from time to time) form a legally binding agreement binding on you and your personal representatives and successors.

  2. This Agreement and any rights or liabilities accruing thereunder may not be assigned by you to any other person.

  3. We may vary or amend these terms and conditions and bank tariffs at any time provided that We shall upon reasonable notice, inform you of any such variations or amendments within 30 days in advance of their intended commencement date and such notice and particulars of the variations including the amended version of these terms and conditions shall be published on the KCB, NCBA and Safaricom websites, via SMS to the Safaricom mobile phone number (MSISDN) associated with

  4. your M-PESA Account and may, additionally, be published in posters or pamphlets and availed at Safaricom’s Agents outlets, NCBA or KCB Agents and branches or in the daily newspapers or by any other means as we may determine.

  5. No failure or delay by either yourself or on our part in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.

  6. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

  7. If any provision of these terms and conditions shall be found by any duly appointed arbitrator, court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions herein.

  8. Any variations or amendments to these terms and conditions shall be binding upon you as fully as if the same were contained in these terms and conditions.

  9. Your contractual relationship with us is governed in all respects by the Laws of Kenya and the parties submit to the exclusive jurisdiction of the Kenya courts.

  10. KCB, NCBA and Safaricom are regulated by the Central Bank of Kenya for purposes of the Service.

  11. The user has the right to seek independent legal counsel in order to fully understand the implications and potential consequences of agreeing to these Terms and Conditions prior to “opting-in”. The User shall be deemed to have read, understood and accepted to be bound by these Terms and Conditions (which may be amended by Us from time to time) by selecting the “opt-in” option.

M-PESA Products Terms and Conditions

M-PESA SERVICES (B2C, B2B, BULK PAYMENTS, LIPA NA M-PESA, SHORT-TERM PAYBILL & SUREPAY TERMS AND CONDITIONS 

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 These terms and conditions form the contract between:_________________of P.O.  Box_______________ Code________City/Town___________ (Hereinafter “Client”, which expression shall include its successors in title and assigns); and SAFARICOM PLC of P.O. Box 66827 - 00800, Nairobi (hereinafter Safaricom, which expression shall include its successors in title and assigns).

BACKGROUND

This Agreement together with the Schedules and Annexures hereto (together “the Agreement”) contains the complete terms and conditions that apply to Client's participation in Safaricom's M-PESA Services (defined below) and supersedes all other agreements entered into between the Client and Safaricom in relation to the provision of M-PESA Services. By executing this document the Client agrees that it is affirmatively stating that it has carefully read and understood the terms and conditions set forth herein and agrees to be bound by the said terms and conditions.

AGREED TERMS

1. DEFINITIONS AND INTERPRETATIONS

In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings:

  1. Bulk Payment Service” and “Business to Customer Service (B2C Service)” means the mobile money transfer service provided by Safaricom and envisaged under this Agreement (including the procedure, systems and software that Safaricom has developed) through which the Client can make payments to Recipients;

  2. Business Day” means any day of the week not being a weekend, gazetted public holiday or designated bank holiday within the Republic of Kenya;

  3. Business Number” means a designation code or numbering plan created by Safaricom for the identification of M-PESA Paybill Accounts.

  4. Business to Business Payment Service” or “B2B Service” means the mobile money transfer service provided by Safaricom and envisaged under this Agreement (including the procedure, systems, and software that Safaricom has developed) through which the Client can make payments to Recipients under the Business to Business (B2B