You (“the Customer) hereby represent that you are at least eighteen (18) years of age and all the information you have provided is correct and true.
THIS AGREEMENT is made between:
This Agreement is not applicable to Safaricom’s mobile payment and financial services (M-PESA) Services.
This Acceptable Use Policy (“the AUP”) states the minimum acceptable standards for use of Domain and Web Hosting Services.
1.1 Definitions & Interpretation
In this AUP:
Unless otherwise indicated below, capitalized terms have the same meaning as defined in the Agreement.
“Commercial Use” means the sale, distribution or offer for sale of any products or services and/or advertisement of goods and services manufactured, produced, distributed or sold by the Customer.
“Login Credentials” include a username, a system generated password and service access link (URL).
“Service” means the domain and webhosting services.
“Software” means any software supplied to you by Safaricom, including any Third Party Software.
“Third Party Software” means software belonging to a person other than Safaricom and which is supplied by Safaricom to you under license from the owner of the Third Party Software.
“Other User Network” means the computer and internet system belonging to any person other than you, including that other person’s account on the System.
“Spamming” means the use of messaging systems to send an unsolicited message (spam), repeatedly on the same site or email addresses.
“System” means Safaricom’s hosted services system or infrastructure.
“You” means the Customer and any User.
2.1 Age Restriction
Natural persons must be eighteen (18) years of age or older in order to register or subscribe for any Services. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration, use of access to the Services, by anyone under the age of eighteen (18) years is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party or user, you agree that you are authorized to bind such party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
2.2 Registration, Passwords and Account Security
You agree that you will provide Safaricom with accurate details regarding Your identity and contact details for the purposes of registration or subscription for any Service. Any information you provide to Safaricom will be handled in accordance with Safaricom’s confidentiality policy and the Governing Law.
(b) Customer Credentials
You agree to comply with the following conditions with regard to Login Credentials:
(c) Domain Names
(d) Data Security
You are hereby notified that Safaricom has no visibility of the data stored by You on the System. You agree to take reasonable measures, including but not limited to encryption and/or User authentication mechanism to secure any Personal Information or Personal Data, sensitive, confidential or proprietary information or data transmitted through or stored on the System. Safaricom’s liability for the loss, corruption or leakage of data or information shall be limited to the amounts set out in the Agreement. You agree that Safaricom may suspend, restrict access, block or delete Your account if the data is corrupted or infected with a virus.
The domain service and web hosting service are two separate and different services. Safaricom bundles the domain service and web hosting service within the specific various packages or plans as indicated on the online portal domains.safaricom.co.ke in which case one fee is paid for both services.
3.1. Domain and Web Hosting Registration and Activation
3.2. Domain and Web Hosting Expiry
3.3 Domain and Web Hosting Suspension
The Services will be suspended for ninety (90) days on the expiry date if you have not made your renewal payment. If you make payment within the ninety (90) days, the Services will be automatically be renewed for another cycle whether one (1), two (2), three (3), four (4), or five (5) depending on your Service cycle.
3.4 Domain and Web Hosting Termination
Your Service will be terminated ninety (90) days after you receive the date of suspension of the Services (expiry date). Termination means deletion of items including your domain name, all email accounts, all email content and website content. Once the Service is terminated, the domain will no longer be active in the registry hence you will not be able to send or receive emails under this domain name. The website under this domain name will also not be accessible. Once the Service is terminated, you will need to log into our online portal and purchase the Service afresh, if it is still available for purchase. Please note that you are responsible for renewal of the Service and backing up of all your content including the email content and website content. Safaricom will not be liable if you do not renew your Service within the prescribed time, and the same is purchased by a third party after deletion/termination.
3.5 Domain and Web Hosting Contact Details
Your contact details on Safaricom’s portal (“whois tab”) must always be up to date and any change to contact details can be made by logging to the Safaricom portal via the whois tab and adding the required information.
3.6 Domain and Web Hosting Transfer
Any transfer of domain to Safaricom shall only be done by the owner of the domain. If the customer purchasing the Service and intending to transfer the domain is not the owner of the domain, they will have to obtain official communication from the registered domain owners to confirm the transfer.
For any domain transfer to be effected, the below requirements must be met:
3.7 Domain and Web Hosting Spamming
3.8 Domain and Web Hosting Backup and Data Loss Policy
3.9 Domain and Web Hosting Mail Limit Policy
Safaricom has an active 150 outgoing email limit per hour per domain. If you send emails over this amount within one hour, the rest of your emails over and above the 150 emails will be queued and may bounce back with an undelivered error. If this occurs, we recommend that you send the emails in the next hour. If you have a large mailing list (over three thousand email addresses), you will require a dedicated host server or virtual private server (VPS) hosting solution from Safaricom at an additional cost.
3.10 Shared Hosting Limitations
On shared hosting platform, below are the resource limits.
If You use the Services for any Commercial Use, you agree that You are solely responsible to Your customers for any losses, delays, damages incurred by your customers due to any downtime or Service outages.
You are responsible for monitoring any Content stored on, transmitted or streamed through on blogs, chat forums and other social media networks which you operate from the System or from your domain. Any Content transmitted in the blogs, chats rooms and other such social media networks must comply with the provisions of Clauses 6.1 and 6.2 below. You agree to put in place policies regulating the use of such blogs, chat rooms and other such social media networks and you agree to incorporate the provisions of Clauses 6.1 and 6.2 below in any such policies. You agree to put in place a mechanism for reporting abuse of such policies and you agree to remove any Content on the blogs, chat rooms or other social media networks that violates the provisions of Clause 6 below.
6.1 Abuse of System Security
6.2 Intellectual Property Rights
You agree not to download, store, transmit, copy, stream, publish, distribute any literary material, musical works, software, images, artworks or other copyrighted works without the consent of the copyright owner, use trademarks and trade names without the consent of the trademark owner, use pirated versions of software or other copyrighted works.
6.3. Third Party Software License Terms
Upon termination of the Agreement or an Order Form in respect of hosted Services, Safaricom shall, from the effective date of the notice of termination, disable the your access to the System and the you shall remove all Content from the System within fourteen (14) days from the effective date of the termination notice failing which Safaricom will delete your account on the System and all Content will be permanently deleted.
Each Party represents to the other Party that:
9.1 provide to Safaricom such information and cooperation as Safaricom may reasonably require for the performance of the Service(s) or for the purpose of evaluating any requests for Services or changes to the Services made by you.
9.2 where applicable, permit access to your premises to enable Safaricom’s personnel to deliver the Services (subject to observance by Safaricom’s personnel of reasonable site access regulations as previously advised in writing to Safaricom. Safaricom shall, upon your request, provide details of all works to be carried out at your premises prior to commencement of such works, where the same is not agreed under an Order Form.
9.3 provide any hardware (in addition to the Devices, if any), cabling, power supply or such other items that are required for proper functioning or proper deployment of the Services as may be advised by Safaricom or as may be agreed by Safaricom and you.
9.4 provide a suitable environment and carry out any preliminary works as agreed by Safaricom and you including all necessary trucking, connection, configuration of your Systems, obtaining any consents, way leaves, and rights of way.
9.5 take responsibility for accuracy of any information provided to Safaricom by you in respect of the Services and for any costs associated with correction of any errors arising from inaccurate information provided by you to Safaricom. You acknowledge that failure to provide accurate information or to provide reasonable assistance to Safaricom as may be required may lead to delays in the delivery of the Services.
9.6 You represent to Safaricom that:
9.7 Security of your Systems
You shall be responsible for maintaining the confidentiality and security of the Credentials and your Systems. You will be fully responsible for your internal LAN and security setups, including configuration of firewalls and other protocols required to protect their networks from hackers and malicious intrusion. “Credentials” means the user names, password and other security features employed by you to secure access to the Services or to your Systems.
In addition to Safaricom’s right to suspend the Services under clause 3.3, Safaricom may, upon notification to you suspend or vary the Services without liability to compensate you, solely to the extent for any period during which:
10.1 Safaricom is required or requested to comply with an order or instruction of or on recommendation from the government or a Regulator or other competent authority;
10.2 Such a suspension or variation is necessary to facilitate modifications to, or allow for planned
maintenance of the Network;
10.3 Safaricom is investigating an alleged material violation by you of its obligations under this Agreement.
11.1 Termination for Breach by either Party
A Party (“Non Defaulting Party”) shall have the right, without prejudice to its other rights or remedies, to terminate this Agreement or to terminate Services defined under an Order Form immediately by written notice to the other Party (“Defaulting Party”), and such notice shall be effective immediately upon service to the Defaulting Party if:
11.2 Termination by Safaricom
In addition to Safaricom’s right to terminate under Clause 3.4, Safaricom shall be entitled to terminate this Agreement or to terminate Services defined under an Order Form by serving notice of immediate termination to the Customer where:
11.3 Termination for Convenience
A Party may terminate the Agreement or terminate Services defined under an Order Form without cause by serving sixty (60) days’ notice of termination on the other Party.
11.4 Consequences of Termination of an Order Form or the Agreement
11.5 Force Majeure
The failure of a party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Agreement in so far as such inability arises from an event of Force Majeure, PROVIDED THAT the party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms of this Agreement. A Party affected by an event of Force Majeure shall notify in writing the other party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.
12.1 Confidential Information
In this Agreement, “Confidential Information” means (i) any information which can be used to personally identify a User (“Personal Data”); (ii) any information that has been marked as confidential or whose confidential nature has been made known by a Party (the “Disclosing Party”) to the other Party (the “Receiving Party”). Confidential Information does not include information which: (i) except for Personal Data, is already known to the Receiving Party at the time of disclosure by the Disclosing Party; (ii) is or becomes publicly known through no wrongful act of the Receiving Party; (iii) is independently developed by the Receiving Party without benefit of the Disclosing Party’s Confidential Information; or (iv) is received by the Receiving Party from a third party without restriction and without a breach of an obligation of confidentiality.
12.2 The Receiving Party shall only disclose Confidential Information to its personnel and professional advisors who have a need to access such Confidential Information solely for the purpose of fulfilling their obligations under this Agreement or their professional obligations and have been advised of the obligations of confidentiality and are under obligations of confidentiality to Safaricom. Subject to the provisions of clause 13, the Receiving Party shall not otherwise use or disclose to any person, firm or entity any Confidential Information of the Disclosing Party without the Disclosing Party’s express, prior written permission.
12.3 Each Party shall exercises at least the same level of care to protect the other’s Confidential Information as it exercises to protect its own Confidential Information of a similar nature but in no event less than reasonable care, except to the extent that applicable law or professional standards impose a higher requirement.
13.1 Safaricom and its personnel shall during the term of this Agreement comply with the Governing Law in connection with the processing of the Personal Data.
13.2 Safaricom may use the Confidential Information and the Personal Data for purposes connected to this agreement for:
14.1 Any notices for purposes of legal proceedings will be served:
14.2 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 14 means Monday to Friday between the hours of 0900 and 1700, excluding public holidays.
A Party shall not assign the rights or obligations created hereunder without prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Any unauthorized assignment shall automatically terminate this Agreement.
Safaricom shall be entitled to subcontract all or any part of this Agreement to competent subcontractor(s) PROVIDED ALWAYS THAT Safaricom remains responsible to you for all actions, omissions and representations of the subcontractors.
16.1 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.
16.3 Notwithstanding the provisions of clause 16.2, a Party shall be at liberty to pursue such other dispute resolution measures as may be available to that Party under the Governing Law.
16.4 Nothing in this Agreement shall prevent or delay a Party seeking urgent injunctive or interlocutory relief in a court having jurisdiction.
This Agreement contains the whole agreement between the Parties relating to the subject matter of this Agreement. This Agreement shall not be varied or cancelled, unless such variation or cancellation shall be expressly agreed in writing by each party.
If any provision of this Agreement is declared by any judicial or other competent authority or an arbitrator appointed hereunder to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner as achieves the intention of the Parties without illegality or at the discretion of Safaricom it may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
Except where this Agreement provides otherwise, the rights and remedies contained in it are cumulative and not exclusive to rights or remedies provided by law. The failure by either Party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
This Agreement may be executed in several counterparts, each of which shall be an original but all of which shall together constitute one and the same Agreement.
The validity and performance of this Agreement shall be construed under the Laws of Kenya.