Fiber Terms and Conditions

ZUKU FIBER (TRIPLE PLAY SERVICES) TERMS & CONDITIONS
These terms & conditions shall constitute a legally valid and subsisting agreement (“Agreement”) between Wananchi Group (Kenya) Limited (hereinafter referred to as the ‘Company’) and the Customer (their respective assigns/heirs/executors/ administrators), as the case may be.
These terms & conditions are understood, acknowledged and accepted by the Customer, including existing ones, and shall be applicable to the Customer immediately upon activation for availing Triple Play Services (internet , voice & TV services) under the brand name ‘ZUKU Fiber’.

1. DEFINITIONS AND INTERPRETATION
1.1. These Terms and Conditions shall govern the provision of Zuku Triple Play (Television, Internet and Telephone) residential service by Wananchi Group (Kenya) Limited upon acceptance of all the term and conditions provided herein.
1.2. In this agreement:
1.2.1. “Agreement” or “Terms and Conditions” means the application form, terms conditions also set out in https://zuku.co.ke/terms-and-conditions/together with amendment thereto; “Application Form” means the form filled by the Customer requesting for the Services and shall at all times be subject to these terms and conditions ;
1.2.2. “Charges” means the amounts payable for the Services as published in the Tariff Guide from time to time including any applicable deposit;
1.2.3. “Connection” means the activation of the Services following successful installation of the cables and Wananchi Equipment including television cable network decoder, cable data modem and telephone where applicable, belonging to Wananchi at the address of the Customer’s premises provided in the Application Form and the integration with the Customer’s Equipment. The term “Connected” shall have similar meaning;
1.2.4. “Connection Charge” means a charge for connection to the Wananchi Triple-Play network;
1.2.5. “Content” means video, voice, sound, information, communication, data or any other material transmitted or communicated through the Services;
1.2.6. “Customer” means the subscriber applying for, or using the Services;;
1.2.7. “Customer Equipment” means the compatible systems and infrastructure necessary for the Customer to access the Services, including but not limited to television sets, computers, tablets and smartphones;

1.2.8. “Customer Premises Equipment” or “CPE” means the compatible systems and infrastructure (including, but not limited to, Television Set-Top-Box (also referred to as STB, or decoder), Internet Cable Modem and Telephone Handset where applicable, all cabling and embedded software) supplied by Wananchi and that is necessary for the Customer to access the Services through the Network;
1.2.9. “Customer Site” means the residential address place at the designated Customer’s address provided in the Application Form where Wananchi Equipment and Services will be installed;
1.2.10. “Downgrade” means the provision of Services of lower capacity by Wananchi to the Customer, for example, fewer television channels or Internet speeds than the Customer has subscribed to during the prevailing Term of this Agreement;
1.2.11. “Electronic Bill” means Wananchi’s electronic billing facilities providing the Customer with access to billing data, current or historical, either via email or online through a prescribed Wananchi’s website;
1.2.12. “Fair Use Policy” means the Fair Usage Policy established by Wananchi to monitor and control its Network resources to give all users fair access to those resources. As is the case with all broadband Internet services, the users of Wananchi’s Network share the available system capacity that connects them to the Internet and the Fair Use Policy ensures that this capacity is not used disproportionately by some and others are penalised on the account of the disproportionately heavy users Wananchi Fair Usage Policy.
1.2.13. “Material Breach” means a breach of a Term of this Agreement which cannot be remedied;
1.2.14. “Monthly Recurring Charge” means the charges set out in the Wananchi’s Tariff Guide for the provision of the services;
1.2.15. “Network” means the fibre-optic of Wi-Fi network operated by Wananchi, its subsidiary(ies), holding company and/or its third party providers to facilitate the provision of the Services;
1.2.16. “Offending Material” means any Content that is:
1.2.16.1. in breach of any law, regulation or code of practice invoked by Wananchi or the industry regulator or any policy adopted by Wananchi and communicated to the Customer with regard to the acceptable use of the Services; or
1.2.16.2. abusive, indecent, defamatory, obscene, offensive, menacing or a threat to the health and safety of any third party; or
1.2.16.3. in breach of confidence, intellectual property rights, privacy or any right of a third party;
1.2.17. “Party” means either the Customer or Wananchi and “Parties” mean both Wananchi and the Customer;
1.2.18. “Services” means Zuku Triple-Play service comprising of television channel content, Internet services, telephone services and any other electronic multi-media services provided by Wananchi pursuant to this Agreement, whose services are more particularly set out in the Application Form and are/or may be provided under the Zuku brand name or any other brand name as may be adopted by Wananchi from time to time;
1.2.19. “Service Level Agreement” means the document published by Wananchi 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 Wananchi to the Customer following the Connection of the Services;
1.2.20. “Set-up Fee” means the fee to be paid by the Customer for connection of the Customer’s Equipment to Wananchi Equipment and thereafter, the Network in order for the Customer to access the Services;
1.2.21. “Standard Tests” means the tests carried out by Wananchi or its appointed sub-contractors to determine whether the Services are Connected;
1.2.22. “Tariff Guide” means the list of charges for the Services as published and varied by Wananchi from time to time;
1.2.23. “Upgrade” means the provision of Services of higher capability by Wananchi to the Customer, for example, more television channels, or higher Internet speeds than the Customer has subscribed to during the prevailing Term of this Agreement.
1.2.24. “Wananchi” means Wananchi Group (Kenya) Limited of Post Office Box Number 10286, GPO, 00100, Nairobi, Kenya with its head office at Gateway Business Park, Block E, Mombasa Road, Nairobi;
1.2.25. “Wananchi Equipment” means equipment (including any software) installed at the Customer’s Site by Wananchi for the provision of the Services;
1.3. In this Agreement, unless the context otherwise requires, any reference to:
1.3.1. the singular includes the plural and vice-versa;
1.3.2. a person includes reference to a body corporate or other legal entity;
1.3.3. any written law includes that law as amended or re-enacted from time to time;
1.3.4. any agreement or other document includes that agreement or other document as varied or replaced by the Parties in writing from time to time;
1.3.5. words importing one gender shall be construed as importing the other gender; and
1.3.6. any Party includes that Party’s successors and assigns.
1.4. Clause headings are inserted for convenience only and shall be ignored in construing this Agreement.

2. TERM & TERMINATION
2.1. The Service will continue until terminated in accordance with this clause 2 of the Agreement.
2.2. When the Customer subscribes to the Service for a fixed term, the subscription will automatically be renewed at the expiry of the term, on a monthly basis, unless the Customer terminates in accordance with the provisions of this Agreement.
2.3. The Customer may terminate this Agreement at any time by a thirty (30) days’ written notice to Wananchi.
2.4. The Customer may terminate this Agreement at any time by a thirty (30) days’ written notice to Wananchi and returning the equipment to Wananchi offices
2.5. The Customer agrees that if the Customer has paid subscription to the Service in advance and the Service is subsequently terminated prior to the expiry of the subscription period paid for, then:
2.5.1. for monthly subscriptions, the Customer will not be entitled to a refund of or credit for any amount paid for the unused portion of the subscription period;
2.5.2. for multi-month subscriptions, Wananchi may, depending on the circumstances of the termination of the Service, refund or credit for any amount paid for the unused portion of the subscription period.
2.6. Wananchi will terminate this Agreement and deactivate the Service at any time without providing notice to the Customer if:
2.6.1. The Customer fails to make payment when it is due; and it remains unpaid for a period of ninenty (90) days;
2.6.2. Wananchi receives confirmation that the Customer has received the Service, or any part of the Service without paying for it; or
2.6.3. The Customer otherwise breaches or causes breach of this Agreement.
2.7. If the Service is terminated for any reason, the Customer remains responsible for payment of all outstanding amounts that may have accrued on the Customer’s account.

3. APPLICATION OF TERMS AND ORDER FOR NEW SERVICES
3.1. Application of Terms
3.1.1. By submitting a completed Application Form to Wananchi the Customer confirms that they have read, understood and accepted all the Terms and Conditions of this Agreement.
3.1.2. 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.
3.1.3. The Customer acknowledges that it may use the Services in conjunction with other Wananchi current or new products and services and accepts it will comply with the Terms and Conditions of such other Wananchi products and services while utilising the same in addition to the Terms and Conditions set out in this Agreement.
3.1.4. The Customer agrees that Wananchi will make available on Wananchi customer telephone directories, the Customer’s telephone number as assigned by Wananchi for any telephony services.

3.2. Orders for New Services
3.2.1. The initial Services to be provided by Wananchi to the Customer are as set out in the Application Form.
3.2.2. The telephone handset is optional and the Customer who opts to acquire the telephone handset will be required to purchase it at the cost indicated in the application form.
3.2.3. The Customer shall provide Wananchi with a copy of a valid national identity card or passport and full address of the Customer Site where the Services are to be provided.
3.2.4. In the event that Wananchi offers new services and the Customer requires to utilise such new Services then:
3.2.4.1. The Customer may place orders with Wananchi for such new Services as and when required by submitting a written request to Wananchi or completing such electronic order form via the Network as may be made available by Wananchi at that time or through Wananchi’s website.
3.2.4.2. If Wananchi elects to accept such an order it shall do so by notice in writing or by allowing access of the requested Services upon payment of the required Charges.
3.2.4.3. All orders for the new Services placed by the Customer and accepted by Wananchi shall be governed by the terms of this Agreement.
4. SUPPLY OF THE SERVICES
4.1.1. The Customer shall, at its own expense and in order to facilitate the installation and use of the Customer Premises Equipment:
4.1.1.1. obtain all necessary consents, way leaves, rights of way, including consents for any necessary alterations to buildings where the Customer Site is located;
4.1.1.2. provide a suitable environment, accommodation and foundations, including all necessary trunking, conduits and cable trays in accordance with the relevant installation standards;
4.1.1.3. take up or remove any fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition covers as Wananchi advises are necessary, and carry out afterwards any making good or decorator’s work required;
4.1.1.4. provide any electricity and connection points required by Wananchi; and
4.1.1.5. carry out all other preliminary works including having in place such Customer Equipment, of such specifications as are communicated to the Customer by Wananchi as required to be in place prior to any installation of the Customer Premises Equipment and Connection to the Network.
4.1.1.6. Wananchi may provide assistance to the Customer to facilitate the connection according to its prevailing policies and the Customer shall be deemed to have consented to accept any such assistance upon giving Wananchi access to the Customer Site. Wananchi shall provide such assistance in a professional and workmanlike manner, however, at no time shall Wananchi be liable to the Customer for damages, costs or expenses or losses howsoever they may occur in the process of providing such assistance.
4.1.2. To enable Wananchi to carry out its obligations under this Agreement or to recover any of its Customer Premises Equipment from the Customer Site, the Customer shall provide Wananchi employees and anyone acting on Wananchi’s behalf, who produces a valid Wananchi identity card access to any Customer Site. Wananchi will normally only require access with agreement of the Customer’s or at the Customer’s request but may from time request the Customer to provide access at other times if Wananchi reasonably believes that the Customer’s installation is interfering with the Network as a whole of parts of the Network, or in order to recover Wananchi Equipment subject to the terms of this Agreement.
4.1.3. Wananchi employees and anyone acting on Wananchi’s behalf will observe the Customer’s reasonable site access regulations as advised by the Customers during the site visit.
4.1.4. Wananchi shall use reasonable endeavours to meet any agreed delivery dates for the supply of the Customer Premises Equipment and related accessories to the Customer
4.1.5. Wananchi 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.
4.1.6. That the Internet service component of the Services is a shared resource and that the Internet bandwidth speeds quoted on the Tariff Guide are the local speeds provided by Wananchi between the Customer’s Site and Wananchi’s data centre in Nairobi and that the international bandwidth component of the Internet service is contended by all users (in a certain direct proposition to the local speed of the Service that the Customer has applied for), and that it is not economically viable under the terms of this Agreement that the local uncontended Internet bandwidth speeds are equal to, or same as, the international shared and contended bandwidth and that any representation by anyone, including Wananchi’s agents, to the contrary is not valid and that nothing in this Agreement purports that the local bandwidth speeds quoted are equal to, or the same as, the speeds provided internationally.
4.1.7. The Customer acknowledges and agrees that the Internet service component of the Services shall be subject to a Fair Use Policy as more particularly described in a schedule of the Application Form and deemed accepted by the Customer upon application for the Services, and as may be modified from time to time by Wananchi and communicated to the Customer at the email address specified in the Application Form, or at such other email address as may be notified to Wananchi in writing from time to time or as may be published and updated by Wananchi on its website from time to time.

4.2. Equipment & Care

4.2.1. Wananchi provides the Customer with Customer Premise Equipment to assure compatibility of its Network and Services and Customer and must not in anyway interfere, 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 Wananchi representative) to do so.
4.2.2. Wananchi may provide the Customers with Customer Premise Equipment of varying capability based on the initial Services selected by the Customer in the Application Form.
4.2.3. The Customer acknowledges and agrees that the Customer Premise Equipment (excluding the telephone handset) shall at all times belong to, and remain the property of, Wananchi throughout the duration of this Agreement and that upon termination of this agreement Wananchi shall recover from the Customer’s premises all of the said Customer Premises Equipment.
4.2.4. The Customer agrees to be fully responsible for good care of the Customer Premise Equipment during the term of this Agreement and to immediately notify and cooperate for the uninstallation and recovery of the equipment by an authorised Wananchi agent upon the termination of this Agreement as provided herein, including allowing Wananchi access, without delay, to the Customer Site to uninstall and recover the equipment.
4.2.5. 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 Wananchi representative) to do so.
4.2.6. Any Customer Equipment connected to the Customer Premises Equipment or otherwise used to access the Services must be technically compatible with the Customer Premises Equipment and the Services and shall be connected and used in accordance with such reasonable instructions, safety and security procedures as may be advised by Wananchi at the time of installation.
4.2.7. Save where title to the Customer Premises Equipment has passed to the Customer following the payment to Wananchi by the Customer of any monies payable for the purchase of the Customer Premises Equipment, the Customer shall be liable to Wananchi 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 Wananchi, or anyone acting on Wananchi’s instructions.
4.2.8. The Customer recognises that no right, title or interest in the software contained in the Customer Premises Equipment vests in the Customer.
4.2.9. Wananchi 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 Wananchi other than the fact that Wananchi’s total liability in respect of any Customer Premises Equipment shall be limited to the value of the Customer Premises Equipment.
4.2.10. The Customer shall immediately notify Wananchi 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 Wananchi.
4.2.11. Customer warrants and agrees that it will notify Wananchi in case of change of their address or termination to enable Wananchi to collect equipment and install the customer in their new address. The Customer shall not tamper with the equipment and or carry out any unauthorised disconnection or installations. The customer undertake that it will indemnify Wananchi for any damage to its equipment as a result of tampering by the customer or by other unauthorised persons. Wananchi shall not be liable for any service outages as a result of tampering or interference by the customer with Wananchi Equipment.
4.2.12. Without prejudice, Wananchi shall only be responsible for the replacement of the Equipment in the case of manufacturer’s defects covered by Warranty. Wananchi shall use reasonable endeavours to extend to the Customer the benefit of any warranty as may be provided to Wananchi (subject to any limitations and restrictions thereon) by the manufacturers of such Equipment, provided that any expense reasonably incurred by Wananchi in extending such benefit shall be levied to the Customer’s account and payable by the Customer.
4.2.13. Save for the above, all conditions or warranties in relation to any Wananchi 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 Wananchi Equipment by the Customer.
4.2.14. The Customer shall give possession to Wananchi or its authorised agents any Wananchi Equipment that the Customer believes to be damaged, faulty or defective, together with all Equipment documentation that was supplied by Wananchi by the Customer, within ten (10) business days of finding the fault or defect. For the purpose of this clause, business day means Mondays to Fridays between the hours of 0900 and 1700, excluding public holidays. Wananchi shall then expeditiously provide the Customer with the available options to restore the Services, including replacing the defective equipment at the Customer’s cost.
4.2.15. If the Services are terminated for whatever reason, the Customer shall immediately notify Wananchi and initiate without access to Customer Site for Wananchi Wananchi’s authorised agents for the purpose of uninstalling and recovery of the Customer Premise Equipment and any other Wananchi Equipment.
4.3. Use of the Services
4.3.1. The Services are intended for private, personal or family residential use and enjoyment and are not intended for business, commercial or public uses. The performance of Internet component of the Services depends on the number of concurrent users and Customer may experience degraded performance the more the number of concurrent users. Wananchi advises the Customer, when applying for the Services or during any Term of the agreement, to consult the Tariff Guide and with Wananchi’s sales representatives for:
4.3.1.1. advice on the best possible service package for the number of concurrent users that the Customer expects to use the Services;
4.3.1.2. advice on the service options for business, commercial and public uses under a totally separate agreement and terms and conditions not covered by this Agreement.
4.3.2. Access passwords: The Customer shall be granted access to the Services by Wananchi through the use of certain passwords. The Customers shall exercise all due care and diligence in order to ensure the secrecy and confidentiality of the access passwords at all times. The Customer shall not disclose their access passwords to any third parties, or aid access to the Services to third parties outside the Customer Site and Customer’s control, save with express written permission of Wananchi.
4.3.3. The Customer shall not utilise and shall ensure that no other person utilising the Customer’s access to the Services uses the Services:
4.3.3.1. for resale or redistribution to any other person or entity; or
4.3.3.2. for storing, reproducing, transmitting, communicating or receiving any Offending Material; or
4.3.3.3. for fraud or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or
4.3.3.4. to cause annoyance, inconvenience or needless anxiety to any person; or contrary to any other instructions that may be communicated by Wananchi to the Customer from time to time.
4.3.4. The Customer shall not directly or indirectly reproduce, distribute, publish, copy, download or otherwise exploit any content belonging to a third party and or Wananchi, which is protected by copyright or other intellectual property rights, unless the Customer owns or controls the relevant rights thereto or has obtained all the requisite licenses and approvals in connection with such use and which shall be furnished to Wananchi upon request.
4.3.4.1. The Customer acknowledges, agrees and authorizes Wananchi, to access, copy, amend or delete any content uploaded by the Customer or to disconnect or delete any link to protected content accessed by the Customer through use of the Services, if the same is defamatory or in breach of any legal or regulatory provisions or infringes on any third party intellectual property rights.
4.3.4.2. The Customer hereby agrees that it will indemnify Wananchi from and against all costs, losses, damages, claims or proceedings which Wananchi may incur, suffer or for which it becomes liable, arising out of any breach of this clause 4.3.4 by the Customer.

4.4. Upgrade and Downgrade of the Services by the Customer
4.4.1.1. The Customer may make an application to Wananchi to Upgrade or Downgrade the Services as and when required by submitting a written request to Wananchi or completing such Upgrade application form (including electronically via the Network) as may be made available by Wananchi at that time or through Wananchi’s website.
4.4.1.2. The Customer agrees that a request for an upgrade or downgrade of service will be charged at the prevailing market rates and such payment will be made to Wananchi prior to the next billing date. The Upgrade or Downgrade of service will be affected at the next billing date.
4.4.1.3. Any applicable Deposits and/or Installation Charges shall be payable upon acceptance of the Customer’s application and prior to the Upgrade.
4.4.1.4. Wananchi shall effect the Upgrade on the Customer’s next monthly billing anniversary from the date of acceptance of the Customer’s application and payment of the applicable upgrade Charges and any outstanding amounts due and payable to Wananchi by the Customer prior to the Upgrade.
4.5. Suspension or Variation of the Services
4.5.1. Wananchi may in its sole discretion suspend or vary the Services without liability to compensate the Customer for any period during which:
4.5.1.1. Wananchi is required or requested to comply with an order or instruction of or on recommendation from the Government, court, regulator or other competent authority;
4.5.1.2. Wananchi 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;
4.5.1.3. 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
4.5.1.4. the Customer has not paid the Charges by the due date as provided in clause 6.2.
4.5.2. In any of these events, notice will be given via electronic means, SMS (including at Wananchi’s discretion on the Wananchi website at https://zuku.co.ke/terms-and-conditions ) and will be effective immediately or as at the date referred in such notifications.
4.5.3. The Customer shall reimburse Wananchi 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 Wananchi as a result of any act or omission by the Customer.
4.5.4. 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. PAYMENT TERMS
5.1. Unless otherwise specified by Wananchi:
5.1.1. Any applicable Deposits and/or Installation Charges shall be payable upon acceptance of the Customer’s application and prior to connection to the Network.
5.1.2. Other Charges applicable to the Services shall be as set out or referred to in Wananchi’s Tariff
5.2. Wananchi will, if the Customer so requests, issue and email an invoice to the Customer upon prepayment for the Services, at the email address specified in the Application Form, or at such other email address as may be notified to Wananchi in writing from time to time.
5.3. If prepayment has not been received by Wananchi by the due date of the Customer’s monthly billing anniversary then Wananchi shall suspend the Customer’s access to the Services until receipt of pre-payment in full.
5.4. If Wananchi does not receive from the Customer the payment for the Services that Wananchi is entitled to for the Initial term and any Additional Terms for a continuous period of 90 days, Wananchi shall:
5.4.1. initiate the uninstallation and collection of the Customer Premise Equipment and the Customer, unless they make good the payment due if full, shall cooperate without delay with Wananchi in the recovery of the Customer Premise Equipment;
5.5. Without prejudice to any other right or remedy, Wananchi reserves the right to set off any amount owing at any time from the Customer to Wananchi against any deposits or prepayment held by Wananchi for the Customer under this Agreement.
5.6. Customer acknowledges that they have been notified and or advised of the various packages offered by the company and that they have made an informed decision on the packages selected and prices thereof.

6. EXCLUSION OF LIABILITY
6.1. The Customer agrees that the following exclusions of liability are reasonable:
6.1.1. Wananchi, its officers, employees, sub-contractors agents and partners will not be liable to the Customer or any party for:
6.1.1.1. 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 Wananchi’s awareness of the possibility of the Customer incurring the same;
6.1.1.2. 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 Wananchi’s service providers, suppliers, contractors, agents or employees;
6.1.1.3. the loss, late receipt or non-readability of any download, transmission, or other communications or loss of data, data privacy or security transmission;
6.1.1.4. for any damage to the Customer Equipment or loss of data following the use of the Services. The Customer acknowledges and accepts that Wananchi 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
6.1.1.5. any charges or losses incurred as a result of or unauthorised use of the Services including following a theft of the same.
6.2. Except as provided in this Agreement, Wananchi 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.
6.3. Notwithstanding any other provisions of this Agreement, the Customer confirms and undertakes to indemnify and keep indemnified Wananchi 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 Wananchi 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.
6.4. By signing up for the service the Customer agrees and grants Wananchi and or its subcontractors permission to make alteration to the Customer premises and which Wananchi deems appropriate for purposes of provision of the Services. The Customer expressly waives any right to raise any claims against such alterations. The customer warrants and confirm that it shall upon completion of installation by Wananchi contractors inspect its premises and belongings and it waives any right to bring any claim for loss or damage to its property and belongings if such is not raised before Wananchi contractors leave the premises upon installation and or disconnection.

7. Force Majeure
7.1. Neither Party shall be liable for any delays or failures to perform its obligations under this Agreement (except the payment of money due by the Customer) to the extent such delays or failure is caused through a Force Majeure Event which means any circumstances beyond the reasonable control of either party including but not limited to inability or delay caused by:-
7.2. war, whether declared or not, civil war, civil violence, riots and revolutions, acts of piracy, acts of sabotage;
7.3. natural disasters such as violent storms, cyclones, earthquakes, floods and destruction by lightning;
7.4. acts or directives of authority, whether lawful or unlawful, apart from acts for which the Party seeking relief has initiated or assumed risk; and
7.5. acts and omissions of any third party telecommunications provider or any utility provider, other than where such party is a subcontractor, agent, contracted party or affiliated company;
7.6. causes beyond a Party’s control, including but not limited to: acts of God; pandemics; fire; explosion; vandalism; cable cut; any law, order, regulation, direction, action or request of any government, including federal, state, provincial, municipal and local governments claiming jurisdiction over a Party or the Service, or
7.7. of any department, agency, commission, bureau, corporation, or other instrumentality of any such government, or of any civil or military authority; national emergencies;
7.8. unavailability of materials or rights-of-way; insurrections; riots, terrorist acts or strikes, lock-outs, work stoppages, or other labour difficulties, supplier failures, shortages, breaches or delays.
7.9. The Party so affected by the Force Majeure shall promptly notify the other Party of the Force Majeure event and use its best effort to mitigate the effect thereof and shall be excused from its obligations from the date of notice to the other Party and only for the duration when its performance is interrupted
7.10. by the Force Majeure event.
7.11. If the Force Majeure even persist for a period of more than thirty (30) days preventing the performance of its obligations by a party then either party may terminate this agreement by giving seven (7) days written notice.

8. Data Protection
8.1. The Customer hereby consents to the Processing by Wananchi of its Personal Information and any other information that the Customer may provide to Wananchi for all purposes related to providing the Services.
8.2. Wananchi may disclose Personal Information
8.2.1. to its affiliates, professional advisors and other service providers of Wananchi , including credit bureaux (in order to perform credit and background checks), banks (to process transactions), and collection agencies (for the collection of outstanding accounts), regulatory bodies, other government agencies and other law enforcement bodies. The Customer consents to the collection and/or disclosure of its Personal Information to the aforementioned entities.
8.2.2. For monitoring or recording of access to voice or data services for our business purposes such as quality control and training; prevention of unauthorised use of our telecommunications system; and ensuring effective systems operation; and in order to prevent or detect crime.
8.2.3. For reasonable commercial purposes connected to your use of the services, such as marketing and research related activities
8.3. Wananchi shall–
8.3.1. use its best efforts to keep Personal Information confidential and shall not disclose any Personal Information to any other person except as required by law, save to the extent set out herein;
8.3.2. utilise reasonable technical and organisational measures in accordance with best industry practice for the purpose of complying with its obligations in terms of this clause;
8.3.3. at all times strictly comply with the Data Protection Act and other applicable laws, regulation or code relating to data protection in Kenya , or other requirements enforced by any relevant industry or self-regulatory body within the Republic of Kenya in handling of the Customer’s Personal Information; and
8.3.4. not, at any time copy, compile, collect, collate, Process, mine, store, transfer, alter, delete, interfere with or in any other manner use Data for any purpose other than providing the Services to the Customer except with the express prior written consent of the Customer or as may be required by the law.
8.4. The Customer acknowledges that it is primarily responsible for complying with any data protection obligations imposed in terms of any law, and shall obtain any consents necessary for the disclosure of Personal Information to Wananchi for the purposes of this Agreement.
8.5. The Customer shall immediately notify Wananchi if there is any change to its Personal Information, or to correct any errors in the Customer’s account or Customer information. The Customer may at any time request access to, rectification or deletion of, the Personal Information held by Wananchi in relation to the Customer
8.6. The Customer is entitled to withdraw its consent to the Processing of its Personal Information by giving written notice to Wananchi together with the grounds therefor; provided that the lawfulness of the Processing of Personal Information before such withdrawal will not be affected or the withdrawal will not affect any Processing that:-
8.6.1. is necessary to carry out actions for the conclusion or performance of the agreement between Wananchi and the Customer;
8.6.2. complies with an obligation imposed by law on Wananchi;
8.6.3. protects a legitimate interest of the Customer; or necessary for pursuing the legitimate interests of Wananchi or a third party to whom the Personal Information is supplied.
8.6.4. Wananchi requires to keep the data is for establishing, exercising or defending legal claims
8.6.5. Subscriber grants its express consent to the Company to collect, and use information (including sensitive personal information) of the Subscriber for the following purposes:
a) share information with regard to the subscription account such as alerts and account information.
b) fulfil the Subscriber’s requests regarding the Services;
c) respond to inquiries;
d) conduct market research;
e) enforce the legal terms or for other legal purposes;
f) prevent fraud or potentially illegal activities;
g) perform analyses;
h) provide technical support;
i) improve its products and/or Services;
j) share marketing materials
k) contact Subscriber for surveys or feedback;
l) execute other activities such as promotional activity, marketing campaigns.
m) to recommend products and services
n) to provide ads, offers and other sponsored content
o) to perform its obligations and duties as required by customary business practices.
p) to deliver personalized features, advertisements, suggestions, content, products and offerings from us or third parties based on your information, preferences or viewing or browsing history, etc.
q) to facilitate and ease payments by permitting storage of such information such as your credit or debit card number and other card and other account information

9. FAULT REPORTING AND REPAIR
9.1. If the Customer reports a fault in the Services, Wananchi will remedy the fault within the timelines defined upon reporting of the fault.
9.2. If work of any kind done by Wananchi 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 Wananchi, Wananchi shall be entitled to demand payment from the Customer for the work done by Wananchi or its authorised contractor and/or refund any money expended by Wananchi in this regard.

10. EFFECT 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. Wananchi shall use all reasonable endeavours to disconnect the Customer Premises Equipment from the Network and to uninstall and recover the Customer Premise Equipment for the Customer Site immediately upon notice to do so.
10.3. The Customer shall cooperate and allow Wananchi or Wananchi’s authorised representatives to uninstall and recover its Customer Premise Equipment and any other Wananchi Equipment at the Customer premises without delay. For avoidance of doubt, should the Customer fail to cooperate and grant access for such recovery Wananchi shall be at liberty to keep Customer data for purposes of establishing , exercising and defending a legal claim against the Customer

11. VARIATION OF THE AGREEMENT
11.1. Wananchi may change this Agreement at any time upon issuance of a thirty (30) days’ notice to the customer.
11.2. In addition to Wananchi’s right to change this Agreement under clause 10.1 above, Wananchi may also change this Agreement at any time with the agreement of the Customer. Wananchi will give the Customer written notice of the changes and publish details of any change on the Wananchi Website at least 28 days before the change is to take effect. The Customer shall, within 28 days of the service of Wananchi’s notice (or such other period as may be set out in Wananchi’s notice) of the changes, communicate its acceptance or rejection of the proposed changes. Wananchi shall deem the Customer as having accepted the proposed changes if it does not receive the customer’s rejection within the provided 28 days.

12. NOTICES

12.1. The Customer must notify Wananchi of any change of address, user or contact detail immediately upon such change been effected. The Customer agrees that in the event the change includes a physical change of address the Customer will notify Wananchi to effect the removal of the Customer Premises Equipment and the installation of the same at the new address of the customer. For the avoidance of doubt the Customer will not uninstall or cause to be uninstalled the Customer Premises Equipment without the prior authorisation of Wananchi.
12.2. Any notices in regard to any information that Wananchi may wish to send to the Customer from time to time including but not limited to variations to the Services or Tariffs, any promotions and other information will be at the contact details specified in the Application Form, or at such other contact details as may be notified to Wananchi in writing from time to time, or on Wananchi’s website www.zuku.co.ke, or through advertisement in a daily newspaper. The Customer will be deemed to have been bound by such variation by continuing to use the Services.
12.3. The customer hereby accepts and agrees that its use of the services shall be subject to Zuku Fiber Broadband Fair usage policy.

13. GOVERNING LAW
The construction, validity and performance of this Agreement shall be governed in all respects by the Laws of Kenya.
14. ELECTRONIC SIGNATURES
14.1. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature or electronically scanned and transmitted versions (e.g., via pdf) of an original written signatures.
14.2. The parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files and shall when introduced as evidence in any judicial proceedings, will be admissible as between the parties to the same extent and under the same conditions as if the same had been executed in writing. The Parties shall adhere to and ensure compliance with requirements of the applicable legislation on the requirements of electronic signatures.