Terms and Conditions
Introduction
This Agreement sets out the complete terms and conditions which shall be applicable to the use of the internet services provided by MAWINGU NETWORKS LIMITED whose address is ABC Place, Waiyaki Way, in the Republic of Kenya ( “Mawingu/Us”) by the customer whose details appear in the application form (“Customer/You”), and shall, where the context so admits, include each party’s successors, personal representatives and assigns.
SERVICES
1.1 The Customer has requested and Mawingu agrees to supply internet services to the Customer subject to the terms and conditions contained herein (Services);
1.2 The Customer at his/her/its own request and instance shall be supplied with the Services as per the preferred package, details of which are provided in the application form.
1.3 The Services will be provided subject to the Customer’s payment of the requisite fees and Mawingu’s technical assessment for the purposes of confirming availability of the resources and capacities required to provide the Services,
HOW TO ACCESS THE SERVICE
2.1 To access the Service, you will be required to accept these terms and conditions and pay the necessary fees once our representatives confirm availability of the Service in your area, whereafter we will connect you to the Service within 48 hours, subject to you granting our representatives access to your home.
2.2 Once the Service is deployed, you will receive your username and password on SMS/email or you will be contacted by our 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 premises or control, save with the our express written permission.
CUSTOMER PREMISES EQUIPMENT
3.1 As part of the installation process, and subject to payment of a Deposit (where applicable), we will provide you with some Customer Premises Equipment including a radio, router, POE adapter and mounting bracket (CPE), as well as configure your username and password, to enable you to access internet within your designated premises (Premises).
3.2 You must not in any way interfere with, alter or modify the CPE or any embedded software supplied as part of the CPE nor allow anyone (other than an authorised Mawingu representative) to do so.
3.3 You will be required to grant the installers reasonable access to your Premises for purposes of installation, maintenance and inspection.
3.4 Equipment installed by Mawingu at the Premises will remain Mawingu’s property
3.5 You agree to be fully responsible for good care of the CPE during the term of this Agreement and to immediately notify Mawingu of any damage or loss to the same. You also agree to cooperate in the removal and recovery of the CPE by an authorized Mawingu agent/representative upon the termination of this Agreement and/or at any other time upon notice by Mawingu, including allowing Mawingu access, without delay, to the your Premises to uninstall and recover the equipment.
3.6 You must not add to, modify, reverse engineer, decompile or in any way interfere with it or any embedded software supplied nor allow anyone (other than an authorized Mawingu representative) to do so.
3.7 Mawingu accepts no liability for any loss suffered by you or any third party as a result of the use/misuse of the CPE or for any accidental damage.
3.8 Without prejudice, Mawingu shall only be responsible for the replacement of the CPE (partially or wholly) in the case of manufacturer’s defects covered by warranty. Mawingu shall use reasonable endeavours to extend to you the benefit of any warranty as may be provided to Mawingu (subject to any limitations and restrictions thereon) by the manufacturers of such CPE.
3.9 The Customer shall immediately notify Mawingu of any fault, damage, loss, or theft of any CPE and Mawingu may, at its sole discretion, charge the Customer the replacement costs. Such replaced CPE shall remain the property of Mawingu.
3.10 Save for the above, all conditions or warranties in relation to any CPE 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 CPE will be deemed null and void should any damage or failure be as a result of failure to protect the CPE by use of appropriate uninterruptible power supply or power surge systems, or as a result of any misuse of or tampering or interference with the CPE.
3.11 You shall give possession to Mawingu or its authorized agents any Mawingu CPE that you believe to be damaged, faulty or defective, together with all documentation that was supplied to you by Mawingu, within three (3) days of finding the fault or defect.
3.12 Risk in the Equipment will pass to you upon installation at your Premises. For the avoidance of doubt, Mawingu will not be responsible for any loss or damage to the CPE upon delivery of the CPE to the Customer’s Premises.
CUSTOMER CARE
A remote support team will be available to offer customer care service 24/7 on the following contacts; 0111 194 000 or email info@mawingu.co
PAYMENTS
5.1 You will be required to pay the amount applicable to the prefferred package, on a monthly basis, payable every thirty (30) days in advance
5.2 In addition to the monthly fee, you will be required to pay a one-time refundable deposit for an amount notified to you at the time of installation (Deposit).
5.3 Should the Customer default on payment for the service at any point, Mawingu shall disconnect the Customer immediately upon notice to the Customer until such time that the payment is received or this Agreement terminated, whichever shall be earlier.
PLANS CHARGES AND FEATURES
6.1 Details of the packages offered by Mawingu can be found on our website ……….. The packages are designed to provide speeds up to the maximum value assigned to that package. For Dedicated internet packages, Mawingu strives to provide the Customer internet speeds approximating those assigned. For all other internet packages, the Customer shares internet speeds with other users on the network as per a prescribed sharing ratio. As a result, the actual speeds experienced by the Customer may vary at any given time as dependent upon the activity of other users sharing the network. Mawingu, however, designs the network such that the speeds experienced on average are commensurate with normal use for the number of users recommended for your package.
6.2 To ensure that the maximum number of customers get the best speeds, MAWINGU reserves the right to limit the bandwidth of the CUSTOMER if the Customer is deemed to be a network abuser or overusing the network to the expense of other customers’ experiences.
6.3 You will not be able to roll over or extend the validity of the resources allocated in your preferred packages.
6.4 Mawingu reserves the right to use an Acceptable Use Policy as provided in clause 20 to manage its network in order to maintain acceptable levels of customer experience.
6.5 The terms and condtions of the Service/ package features are subject to change from time to time, and will be published on our website. You will be required to keep yourself abreast with the changes from time to time, and your continued use of the Service will be deemed to be an acceptance of the updated terms and conditions.
RESTRICTIONS
7.1 You may access and use the Service only at the premises approved at the time of installation.
7.2 Unless otherwise approved by Mawingu, you shall not;
7.2.1 share the service with other houses/premises
7.2.2 provide the Service to the public, whether or not a fee is charged without authorisation from Mawingu;
7.2.3 permit, facilitate or condone any other person conducting any of the prohibited activities in this clause.
SUSPENSION OR VARIATION OF THE SERVICE
8.1 Mawingu may in its sole discretion suspend the Services without liability to compensate you for any period during which:
8.1.1 Mawingu is required or requested to comply with an order or instruction of or on recommendation from the government, court, regulator or other competent authority.
8.1.2 you have not paid the fees by the due.
8.1.3 such a suspension is necessary to facilitate modifications to or allow for planned maintenance of the network provided that we give you reasonable notice of such suspension or termination.
8.1.4 Mawingu reasonably suspects or believes that you are in breach of the terms and conditions of this Agreement or any other terms and conditions communicated by us.
TERMINATION
9.1 This Agreement may be terminated if:
9.1.1 We have reason to believe that the Service is being used in an unauthorised or illegal way or for criminal activities;
9.1.2 We have been instructed to cease providing the Service by any licensing, law enforcement or regulatory authority.
9.1.3 You notify us of your decision to terminate this Agreement.
9.1.4 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;
9.1.5 Either Party becomes bankrupt, or makes any arrangement with a creditor to go into liquidation or become subject to an administration order or a receiver is appointed over its assets;
9.1.6 The information provided during customer registration is incorrect and you have declined to amend the information when prompted by Mawingu.
9.1.7 The Service is no longer available to you upon expiry of this Agreement or loss, damage of the CPE;
9.1.8 Any of your is found to emit signals, which may interfere with the quality of the Service;
9.1.9 We do not receive your full payment by the due date;
9.1.10 there exists a dispute relating to payment.
CONSEQUENCES OF TERMINATION
10.1 Termination shall not affect any subsisting rights either Party may have against the other Party at the time of termination.
10.2 You will immediately grant Mawingu representatives or agents’ access to your Premises to uninstall and recover the Customer Premises Equipment and any other equipment belonging to Mawingu.
10.3 Youwill be eligible to a refund of the Deposit paid pursuant to clause ….above, within thirty (30) days from the date of termination, subject to confirmation by our representative that you have retruned the CPE in good working condition (fair wear and tear excepted). For avoidance of doubt, Mawingu reserves the right to withold the Deposit in the event that the CPE is either not returned or is returned damaged, broken, or in a condition that goes beyond ordinary wear and tear
10.4 any un-used allocations of data, or other services (i) are not transferable and will be forfeited.
SPECIAL CONDITIONS
11.1 The use of Services is carried out entirely at your own risk.
11.2 MAWINGU shall have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free.
11.3 MAWINGU has no responsibility for, or control over, the information you transmit or receive via the Service.
11.4 The Customer is solely responsible for ensuring that any computers, hardware, software, and other equipment used to access the Service are properly maintained, functioning, and compatible with the Service
11.5 Use of the service to store, reproduce, transmit, communicate or receive any materials is strictly at the Customer’s free will and accord, and Mawingu has no responsibility to screen or restrict access to such content and shall not be held liable for any action or inaction with respect to any such content on the internet as accessible through the service.
11.6 The Customer shall be responsible for and bear all the risk and consequences for the accuracy, completeness, reliability and/or usefulness of any content available via the service; and all communications that the Customer sends or receives via the internet service.
11.7 Mawingu does not guarantee the security of any data the Customer sends or receives via the service and it is the Customer’s responsibility to secure such data
11.8 Use of the Services or the Content in any way that Mawingu in its sole and absolute discretion consider objectionable, inappropriate, likely to cause harm to the company brand and reputation, or otherwise, is not permitted
11.9 Mawingu may rebroadcast a signal from a radio on the Premises of the Customer.
11.10 Mawingu will take reasonable steps to ensure that the service is available to the Customer at all times, save that Mawingu cannot guarantee a fault free service. Factors beyond Mawingu, including but are not limited to acts of God, planned maintenance or rectification work, or equipment failure may interfere with the quality of the Service.
LIABILITY
12.1 Mawingu shall not be liable for any loss or damage, whether such losses or damages arise in contract, negligence or tort that may be incurred by the customer related to;
12.1.1 Your use of reliance upon or inability to use the Service and/or Content;
12.1.2 The deletion with or without notice or cause deletion of any of your data or information obtained pursuant to your use of the Service;
12.1.3 Any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions, or failure, suspension or withdrawal of all or part of the Service at any time;
12.1.4 The removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with these terms.
SERVICE INTERRUPTIONS
Mawingu will endeavour to limit service interruption occurrences and the length thereof, and in any case will deploy technical teams to address any network faults, whether remotely or at the premises.
INDEMNITY BY THE CUSTOMER
14.1 The Customer irrevocably agrees to indemnify Mawingu and keep Mawingu indemnified fully against and to hold Mawingu and/or any of the indemnified persons harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by the Customer as a result of any claim by a third party resulting from Customer’s use of the Service (or use of the Service by anyone who accesses the Service via the Customer’s access credentials) in breach or non-observance of these terms.
14.2 Mawingu shall notify the Customer of any claim Mawingu and/or any of the indemnified persons receives and The Customer hereby agrees to provide Mawingu and/or any of the indemnified persons with full authority to defend or settle such claims and shall provide Mawingu and/or any of the indemnified persons with all reasonable assistance necessary to defend such claims, at the Customer’s sole expense.
ACCEPTABLE USE POLICY
The Customer agrees not to use the Service to:
20.1.1 Transmit any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, and invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
20.1.2 Harm, or attempt to harm, minors in any way;
20.1.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
20.1.4 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the service;
20.1.5 Transmit any material 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 non-disclosure agreements);
20.1.6 Transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
20.1.7 Transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
20.1.8 Transmit 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;
20.1.9 Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
20.1.10 Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
20.1.11 stalk” or otherwise harass another;
20.1.12 Collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
20.1.13 Resell the service and equipment not bought without written authorization from MAWINGU; and
20.1.14 Use the service system for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
20.1.15 Use the Service for fraud or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or
20.1.16 contrary to any other instructions that may be communicated to you by Mawingu from time to time.
DATA PROTECTION
15.1 We are required by law to collect certain personal information including but not limited to (name, email address, mobile number, location etc.) and are legally obligated to deny you the Service if such information is not availed .
15.2 We use your Personal Data to send you offers based on your previous orders, interests and searches on our website. We automatically collect and store certain types of information about your use of internet services, including information about your interaction with content and services available through internet services.
15.3 We are committed to respecting and protecting the privacy of the personal information we collect from you. Our privacy statement, as updated from time to time, 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 our 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.
APPLICABLE LAW
This Agreement shall be interpreted, governed and construed in accordance with the laws of Kenya.
DISPUTE RESOLUTION
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.
In the event that the parties fail to settle the dispute within fourteen (14) days of the dispute being referred to the parties, the parties shall submit to the courts having competent jurisdiction in the Republic of Kenya.
AMENDMENTS
18.1 Mawingu 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 public advertisements (including at Mawingu’s discretion on the Mawingu’s website https://mawingu.co) and will be effective immediately or as at the date referred in such notifications.