This Agreement (the subscriber contract) sets out the terms and conditions under which Wananchi Group (Kenya) Limited (“WGKL”) will grant you: (1) the right to receive and view the Service; and (2) the right to use the Equipment for purpose of receiving the Service. This version of the Agreement is effective as and from Oct 15 2013

 

1 Definitions:

1.1. “Account” means the account that you open with us when you subscribe for the Service;

1.2. “Customer Service Centre” means the WGKL Customer Service Centre, which may be contacted: by telephone at +254203610000; by email at: customercare@zukutv.co.ke ; or mail to Wananchi Group (Kenya) Limited, P O Box 10286 – 00100 Nairobi, Kenya.

1.3. “Equipment” means the equipment supplied by WGKL for the purpose of enabling you to receive the Service including, a satellite dish and antenna, the STB, remote control and, where necessary, a Smart Card;

1.4. ‘’FTA’’ means Free to Air Station

1.5. “Service” means the Zuku Satellite TV Package which you have subscribed for under the terms of this Agreement;

1.6. “Smart Card” means the conditional access card inserted into the STB, which card is owned and used by WGKL to authorize reception of the Service;

1.7. “Statement” means the printed or electronic statement of your Account that we send you each month or other billing period you choose that is offered by WGKL from time to time

1.8. “STB” means the set top box (also commonly referred to as decoder) that you purchase when you subscribe for the Service;

1.9. “We/us/our/WGKL” means Wananchi Group (Kenya) Limited a company incorporated in Kenya

1.10. “You/your” means you, the subscriber for the Service;

1.11. “Zuku Satellite TV Package” means a bundle of TV programmes and audio channels offered by WGKL via satellite signal from time to time, including but not any of the following: Zuku Poa Bouquet, Zuku Classic Bouquet, Zuku Premium Bouquet and any other bundle of TV programmes and audio channels determined by WGKL to be a Zuku Satellite TV Package Binding agreement by requesting, viewing or paying for the Service, you are deemed to have agreed to the terms and conditions of this Agreement.

 

2. Legally binding agreement

For the avoidance of doubt the subscriber agrees that he has read and understood the terms of this agreement and agrees to be legally bound.

 

3. Subscription Fees, Other Charges and Billing Policy

3.1. Our rates, fees and charges for the Service are available upon request from our Customer Service Centre and are also available on our website and from any dealer authorized to distribute the Service on our behalf. If you have any concerns please contact our Customer Service Centre.

3.2. You agree to pay all amounts billed for the Service and to pay all taxes, fees and other charges, if any, which are now or may in the future apply in relation to the Service. Unless you prepay for a multi-month subscription to the service, we will bill you each month, in advance, for the Service until the Service is terminated in accordance with this Agreement. The Statements you receive will show the total amount due, the payment due date, payments, credits, purchases and other charges to your account.

3.3. You agree to pay us in full monthly by the payment due date for the Service and for any other charges due us, including any fees set forth in this Section 3.

3.4. Other fees and charges may also apply. If partial payments are made, they will be applied first to the oldest outstanding amount.

3.5 If you do not pay the amounts set out in your Statement by the due date the service will be deactivated immediately and you will have an option to call the Customer care to be put on an FTA only package and or any other available package that you may desire. You will thereafter be put on the chosen

package at the applicable fee and as shall be explained to you.

3.6. You will be required to contact Customer Care for any change of package requests or in case of any clarifications that you require.

 

4. 50th Anniversary Offer (the offer) – Special Terms and Conditions

The company will extend the offer to all new subscribers for such a period of time as it may deem fit. The company may withdraw the offer at any time and at its own discretion and without any liability. Subject to the applicable terms and conditions of the offer and as long as the offer is still valid, you may opt to purchase the service under the offer. Under the offer, you will receive the service as per the following special terms and conditions and as shall be explained to you at the point of purchase.

4.1 The Property in the Equipment shall at all times remain the sole and exclusive property, of Wananchi Group (Kenya)Ltd (WGKL) for the first period of twelve (12) months and you shall cause the equipment to be used or operated for only the purpose for which it is intended. You will be responsible for paying all costs and charges relating to the installation of the Equipment at your premises as per the terms and conditions of the offer. You will also be responsible for the security and safety of and Equipment while at your premises and you shall notify WGK if you wish to terminate the service.

4.2 You will own the Equipment if:-

a) You choose pay the fee of Kes. 2,900 at any time during the 12 months period or

b) Upon the expiry of the initial period of 12 months as a paying customer you will automatically own the Equipment without paying any further fees.

Once you own the Equipment, the Property in the Equipment shall at all times remain your sole and exclusive property, and you shall cause the equipment to be used or operated for only the purpose for which it is intended. You will be responsible for paying all costs and charges relating to maintenance, repair or replacement outside of the warranty period.

4.3 In order to enjoy these terms and conditions, you will be required to remain as a paying customer for a continuous period of twelve (12) months from the date of installation.

4.4 Unless you have either paid for the Equipment or the 12 months as paying customer have expired, if you do not pay for the service as it falls due, the service will be disconnected and WGK shall at its sole discretion retrieve the Equipment from your premises. You are also obligated to notify WGKL if you wish to terminate the service to enable the collection of the Equipment.

4.5 You will be entitled to change your package to any other available package by calling the Customer Care and paying the applicable fees at any time during the 12 months but you will not be eligible to change to the FTA only package unless you have owned the Equipment as per the terms of Clause 4.2 herein. If you have purchased the Equipment or the 12 months period as a paying customer have expired, then you will be eligible to receive the services as per clause 3 of this subscriber contract and other than as is specifically stated and excepted under this clause 4 , all the other terms and conditions of this subscriber contract will apply

 

5. STB Warranty

Each new STB sold to you will be covered by a replacement or repair warranty issued by WGKL (“Warranty”).

5.1. The Warranty will take effect upon the activation of the set top box following installation of the equipment at the subscriber’s premises

5.2. The duration of the Warranty will be six (6) months from that date it takes effect (“Warranty Period”).

5.3. The Warranty will also apply to a replacement STB issued to the Subscriber during the Warranty Period, but only for the unexpired portion of the Warranty Period

5.4. The Warranty will not apply in any of the following circumstances:

5.4.1 upon expiry of the Warranty Period;

5.4.2 where the STB is a second-hand item;

5.4.3. where the fault or defect in the STB results from a loss of electrical power or from an electrical power surge;

5.4.4. where the STB covered by the Warranty becomes faulty due to the negligence or wilful default of you or any other person (other than WGKL or its employees or agents); and

5.4.5. where the STB is stolen or lost.

 

6. Your use of the Equipment

6.1. Other than for any subscription for the service made under the offer and once the Equipment is otherwise purchased or owned as particularly stated in the terms and conditions of the offer, the Property in the Equipment shall at all times remain your sole and exclusive property, and you shall cause the equipment to be used or operated for only the purpose for which it is intended.

6.1 If the Equipment is to be installed in premises which are leased to you or which are located in an apartment building or other multiple dwelling property, then, prior to installation of the Equipment, you may be required to provide us with written confirmation that your landlord or the managers of the property have consented to such installation.

6.2. You will be responsible for paying all costs and charges relating to the purchase and installation of the Equipment at your premises including purchase and maintenance, repair or replacement outside of the warranty period.

6.3. Within the warranty period .you shall notify us promptly of any defect in, damage to, or accident involving the Equipment.

6.4. All maintenance and repair of the Equipment shall be performed by us or our agents. WGKL may charge you for any repairs that are necessitated by any damage to, or misuse of, the Equipment.

6.5. Where we have given you a Smart Card, the card will only work in the STB to which it was assigned by WGKL. If you report to the Customer Service Center that your Smart Card was lost, damaged, defective or stolen we will replace it, as long as there is no evidence of unauthorized tampering or modification. A replacement fee will apply. WGKL may alter the software in your STB at any time without notice to you. We will endeavor to schedule these alterations in a manner that results in the least amount of interference with or interruption to the Service.

6.6. The STB contains certain components and software which are proprietary to WGKL and third parties. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within your STB or our Smart Card. Such actions are strictly prohibited and may result in the termination of the Service and/or legal action.

6.7. If your Equipment is stolen or otherwise removed from your premises without your authorization, you must notify our Customer Service Center immediately, but in any event not more than three (3) business days after such removal to avoid liability for payment for unauthorized use of the Equipment. Where the stolen or missing Equipment comprises of the satellite dish, STB or Smart Card or a combination of them, then, in addition to notifying our Customer Service Centre, you must:

6.7.1 obtain a police abstract as soon as possible after you discover the loss or theft;

6.7.2 present the abstract to a dealer authorized by WGKL to distribute the Service;

6.7.3. and complete any relevant documentation which you are requested to by the dealer for the purposes of reporting the theft or loss.

6.8. We will deactivate any stolen or lost Equipment upon receiving notice of such loss or theft from or a dealer to whom you have reported the loss or theft.

 

7. Private viewing

7.1. WGKL provides the Service to you for your private home viewing, use and enjoyment. You agree that the Service provided will not be viewed outside of your private residence. You are permitted to exhibit the Service solely in your private residence and not in any other areas.

 

8. Switching your Zuku Satellite TV Package

You may switch your Zuku Satellite TV Package at any time by notifying us by phone or in writing. We will switch the Package and the applicable subscription fee upon receiving your switching request.

 

9. Temporary suspension of your subscription for the Service

9.1. You may temporarily suspend your subscription for the Service at any time by notifying us by phone or in writing. You must clearly state in your notice that the suspension is temporary and not a termination of the Service.

9.2. The minimum period that you can temporarily suspend your subscription for the Service for is 4 consecutive weeks and the maximum period is 3 consecutive months.

 

10. Transferring your subscription for the Service

10.1. WGKL may sell, assign or transfer your subscription for the Service to a third party without notice to you. You may not assign or transfer your subscription for the Service without our written consent.

10.2. We may refuse to allow you to transfer the Service if your Account has an outstanding balance.

10.3. To assign or transfer your subscription for the Service you must provide us with at least seven (7) days’ notice.

10.4. You must provide us with the name, address and telephone contact details of the person to whom you wish to transfer your subscription for the Service (“transferee”).

10.5. We will charge you an administration fee to cover the costs of transferring your subscription for the Service including any costs of relocating the Equipment to the transferee’s premises.

 

11. Exclusion of Liability

11.1. We will not be liable for any interruptions in service or liable for any delay or failure to perform, if such delay or non-performance arises in connection with the termination of all or a portion of the Service, the relocation of all or a portion of the Service to different satellite(s), a change in the features available with your Equipment or any acts of God, fires, earthquakes, floods,

power or technical failure, acts of any governmental body or any other cause beyond our control. We will not be liable for any damage resulting from loss of recorded material or the prevention

of recording due to any fault, failure, deficiency or defect in the Service or the Equipment. We make no warranty, either expressed or implied, regarding the Service or the Equipment. All such warranties are expressly excluded. In no event shall we have any liability for special, indirect, incidental or consequential damages relating to or arising from our provision of the Service and the Equipment.

11.2. It is your responsibility to impose any restrictions on viewing by you, other members of your household, or guests, and we shall have no liability to anyone due to or based on the content of any of the Service.

 

12. Termination of this Agreement

12.1. The Service will continue until terminated in accordance with this Agreement.

12.2 If you have subscribed for the Service for a fixed term, then your subscription will be automatically renewed at the expiry of the term, on a monthly subscription basis, unless you terminate in accordance with the provisions of this agreement.

12.3. You have the right to terminate the Service for any reason at any time by notifying us via telephone or in writing at the phone number or address set forth in section 1 above.

12.4. If you have paid for your subscription to the Service in advance and the Service is subsequently terminated prior to the expiry of the subscription period paid for, then:

12.4.1. for monthly subscriptions, you will not be entitled to a refund of or credit for any amount paid for the unused portion of the subscription period;

12.4.2. for multi-month subscriptions, WGKL may, depending on the circumstances of the termination of

the Service, choose to give you refund of or credit for any amount paid for the unused portion of the subscription period. This decision is entirely at the discretion of WGKL.

12.4.3. WGKL has the right to terminate this Agreement and deactivate the Service at any time without providing notice to you if:

12.4.3. You fail to pay your bill when it is due;

12.4.4. We receive confirmation that you have received the Service, or any part of the Service without paying for it; or you otherwise breach this Agreement.

12.4.5. If the Service is terminated for any reason, you are still responsible for payment of all outstanding amounts that may have accrued on your Account.

 

13. WGKL’s right to change the terms and conditions of this Agreement

13.1. WGKL may change the features of the Service and the terms and conditions of this Agreement at any time. We will notify you reasonably in advance of any such change and its effective date, so that you may at your discretion accept any such changes. We may provide the notice to you by any of the following methods:

13.1.1. through your Statement;

13.1.2. by sending you notice of the change to your mailing address or by any other separate written notice that will likely come to your attention;

13.1.3. by sending you an SMS alert;

13.1.4. by posting details of the change on our website; or by any other means that we deem reasonable.

13.2. If you fail to cancel your Subscription within 30 days of notice of any change and/or if you continue to receive the Service, you will be deemed to have accepted such change.

 

14. General Provisions:

14.1 Governing law: This Agreement is governed by the laws of Kenya and the parties to the

14.2 Agreement submit to the non-exclusive jurisdiction of the Kenyan courts

14.3.Enforceability: Each provision of this Agreement shall be construed as separable and divisible from every other provision and the enforceability of any one provision, or part thereof, shall not limit the enforceability, in whole or in part, of any other provision.

14.4. Entire Agreement: This document contains the entire agreement between WGKL and you in relation to the Service. No person, except WGKL, is authorized to change the terms set out in this Agreement.

14.5. Notice of change of contact details: You agree to give us prompt notice of your change of name, mailing address, physical address where the Equipment is located or telephone number. You may do this by notifying our Customer Service Center by telephone or in writing.