AIRTEL BUSINESS CONNECT SERVICE

ORDER FORM (SOF)

Purchaser Contact Information

Registered Name: Name: Phone: E-Mail:

Registered Address: Name: Phone: E-Mail:

Commercial Contact: Name: Phone: E-Mail:

Technical Contact: Name: Phone: E-Mail:

Billing Contact: Name: Phone: E-Mail:

Billing Address: Name: Phone: E-Mail:

Provider Contact Information

Commercial Contact: Name: Phone: E-Mail:

Technical Contact: Name Phone: E-Mail:

Billing Contact: Name Phone: E-Mail:

Purchaser Order Details

Service Order New Upgrade Downgrade Price Revision Renewal

Service Description(i) Fiber SmartNET 5G Unlimited

Service Capacity/plan Up to 10mbps Up to 50mbps SmartNET 2,999 (180GB + 7.5GB daily bonus) Up to 15Mbps

Up to 15mbps Up to 80mbps SmartNET 5,499 (400GB +10GB daily bonus) Up to 40Mbps

Up to 20mbps Up to 100mbps SmartNET 7,499 (600GB + 10GB daily bonus)

Up to 30mbps SmartNET 9,999 (960GB +10GB daily bonus)

Service Description (ii) Prepaid Hybrid

Device Router FREE Router serial number/IMEI Router Mobile No.

Provisional Time 2-5 working days 24-48 working hrs

Physical Location / Address Town/city

Building
Floor

Room/House Number
Invoicing Details
Fiber /5G Unlimited Airtel Business Connect- SmartNET Currency of payment KES
Up to 10mbps KES SmartNET 2,999 KES Minimum Contract Term

Up to 15mbps KES SmartNET 5,499 KES Installation Fee FREE

Up to 20mbps KES SmartNET 7,499 KES Connection Fee KES Ksh 2,000
Up to 30mbps KES SmartNET 9,999 KES Deposit KES

Up to 50mbps KES Billing Cycle 30 days 90 days 180 days

Up to 80mbps KES Payment Reference Airtel Money

Up to 100mbps KES Bank Deposit

Terms & Conditions

This document constitutes confidential and proprietary information of Airtel Networks Limited. It shall not be disclosed in whole or in part by the Customer
to any third party, and shall not be duplicated or used for any other purpose than evaluation.
The applicable Device / Installation / Activation / Deposit fees shall be payable by the Customer (100% in advance/upon order) i.e. before
installation/activation begins. Above price is not inclusive of any cross connect. Service is based on agreement for 1 years
Name Airtel Networks Kenya Limited Name
Order Form Acceptance
Title Title
Purchaser
Signature Signature
Date Date
Stamp Stamp
 TERMS AND CONDITIONS FOR SMARTNET BUNDLES

The following terms and conditions apply to the SmartNET Bundles i.e., SmartNET 2,999, SmartNET 5,499, SmartNET 7,499 & SmartNET 9,999 and
by subscribing to these Products you will be deemed to have read, understood, and accepted the same:-
1. The Products:
i. SmartNET 2,999 gives the subscriber 180GB & 7.5 GB daily bonus upon exhausting the data bundle at a price of KSh 2,999 Tax inclusive.
ii. SmartNET 5,499 gives the subscriber 400GB & 10GB daily bonus upon exhausting the data bundle at a price of KSh 5,499 Tax inclusive.
iii. SmartNET 7,499 gives the subscriber 600 GB & 10GB daily bonus upon exhausting the data bundle at a price of KSh 7,499 Tax inclusive.
iv. SmartNET 9,999 gives the subscriber 960GB & 10GB daily bonus upon exhausting the data bundle at a price of KSh 9,999 Tax inclusive.
2. Eligibility:
SmartNET bundles are products available in the open market (Corporate, SME, Government Institutions & Individuals). Customer will be issued a
SmartNET Outdoor Router for FREE upon successful first month subscription. The router will be installed at the customer’s premises by a certified
Airtel appointed partner for FREE.
The Outdoor SmartNET router remains property of Airtel and will be recovered if the customers SmartNET line is inactive for 3 months. Recovery will
be done by an Airtel appointed agent.

3. How to access the SmartNET Bundles:

i. Dial *201#
ii. MyAirtel App
iii. Home Broadband Self-care Portal

4. Features of the SmartNET bundles:

i. Upon successful subscription of the SmartNET bundles, a customer will be allocated data resources.
ii. Upon exhaustion of the allocated resources, the customer will unlock a daily bonus.
iii. Daily bonus will be reset every midnight until the bundle validity lapses.
iv. A customer can subscribe using airtime and mobile money. Airtel money subscriptions will attract double data bonus.
v. Out of bundle (PAYGo) rates will be charged at 0.2KSh per MB and will be applicable if a customer exhausts their daily data bonus and has
not subscribed to Data Manager.

vi. SmartNET bundles are valid for 30 days after which unused resources will be forfeited.
vii. A customer can subscribe to multiple SmartNET bundles simultaneously.
viii. If the customer renews their subscription with the same bundle before expiry, the unutilized resources will rollover. However, if the customer
subscribes to a different bundle, they will not rollover.

ix. SmartNET customers have the option to purchase once or auto-renew.

x. SmartNET bundles can be used to access all internet sites.
xi. A SmartNET customer will not be allowed to subscribe to any other Airtel Kenya data bundles other than SmartNET bundles.
xii. A SmartNET customer will be allowed to register an Alternate number for easy management of their account as their SmartNET SIM card will
be placed in the Outdoor SmartNET Router.

xiii. SmartNET bundles will be available on both Prepaid & Hybrid options.

5. Other terms
i. An SMS notification will be sent once the data bundle depletes and when the validity period expires.
ii. Once you exhaust the daily bonus for the SmartNET bundles, you will be unable to continue browsing unless:
You purchase another data bundle of your choice by dialing *201# to purchase a SmartNET bundle of the same or different price point.
You have Airtime on your main account and have not activated data manager.
iii. SmartNET bundles will not be available to roaming subscribers. Charges applicable for Roaming are available on
https://www.airtelkenya.com/prepaid/Roaming. Roaming means the use of telecommunication services while you are in other countries
but using an Airtel SIM Card.
iv. Airtel reserves the right to amend or vary these terms and conditions of this product at any time. Any update to the terms will be available on
the Airtel website https://www.airtelkenya.com/airtelbusiness_connect and will take effect from the date of notification of the update.

6. General Terms of usage

i. You cannot transfer SmartNET bundles resources to other subscribers.
ii. SmartNET bundles are not for re-sale. You therefore will not resell the Bundles purchased from Airtel Kenya without its consent. Airtel Kenya
reserves the right to withdraw this Product from you if you breach these terms.
iii. These Terms and Conditions are available on https://airtelkenya.com/.
 TERMS AND CONDITIONS FOR 5G UNLIMITED PLANS:

The following terms and conditions apply to the 5G Unlimited Plans i.e., 5G unlimited 10mbps, 5G Unlimited 30mbps & 5G Unlimited 50mbps.
1. The Products:
i. 5G Unlimited 15mbps that gives the subscriber speeds of 15mbps at KSh 2,999 Tax inclusive valid for 30 days.
ii. 5G Unlimited 40mbps that gives the subscriber speeds of 40mbps at KSh 4,999 Tax inclusive valid for 30 days.
iii. 5G Unlimited 15mbps that gives the subscriber speeds of 15mbps at KSh 8,100 Tax inclusive valid for 60 days.
iv. 5G Unlimited 40mbps that gives the subscriber speeds of 40mbps at KSh 13,499 Tax inclusive valid for 60 days.
v. 5G Unlimited 15mbps that gives the subscriber speeds of 15mbps at KSh 14,999 Tax inclusive valid for 90 days.
vi. 5G Unlimited 40mbps that gives the subscriber speeds of 40mbps at KSh 24,999 Tax inclusive valid for 90 days.

2. Eligibility:
5G Unlimited plans are products available in the open market (Corporate, SME, Government Institutions & Individuals) located in 5G locations.
Customer will be issued a 5G Router for FREE upon successful first month subscription. The router will be installed at the customer’s premises by a
certified Airtel appointed partner for FREE. . A Connection Fee of Ksh 2,000 is applicable for all first-time activations.

The 5G Router remains property of Airtel and will be recovered if the customers 5G Unlimited line is inactive for 3 months. Recovery will be done by
Airtel appointed agent.

3. How to access the 5G Unlimited:

i. Dial *201# and select Buy Plan option
ii. My Airtel App under 5G Unlimited Buy Plan option

4. Price, Validity & Specifications of the 5G Unlimited Plans:

UP TO 15 MBPS UP TO 40 MBPS
(FUP 750) (FUP 1,500)

Ksh 2,999 (30 days) Ksh 4,999 (30 days)

Ksh 8,100 (90 days) Ksh 13,499 (90 days)

Ksh 14,999 (180 days) Ksh 24,999 (180 days)

5. Features of 5G Unlimited Plan:

i. 5G Unlimited can only be utilized using a 5G Router & SIM card supplied by Airtel. That is, a customer cannot use a different router or any SIM
card e.g., prepaid SIM.
ii. Upon successful subscription of the 5G Unlimited plan, a customer ‘s service will be activated.
iii. A Friendly User Policy is applicable when customer consumes 750GB for the 15Mbps plan and 1,500GB for the 40Mbps plan.
iv. Upon reaching the Friendly User Policy Limit, customer’s speeds will be throttled to 2mbps until expiry of the plan.
v. 5G Unlimited Plans are available with validity options of 30 days, 90 days, and 180 days.
vi. 5G Unlimited plans can be used to access all internet sites.
vii. 5G Unlimited customer will not be allowed to subscribe to any other Airtel Kenya data bundles other than 5G Unlimited plans.
viii. 5G Unlimited customer will be allowed to register an Alternative number for easy management of their account as their 5G Unlimited SIM card
m will be placed in the 5G router.
ix. 5G Unlimited plans will be available on Prepaid and Hybrid.

6. Other terms
i. A SMS & Email notification will be sent when the validity period expires.
ii. 5G Unlimited plans will not be available to roaming services.
iii. Airtel reserves the right to amend or vary these terms and conditions of this product at any time. Any update to the terms will be available on
the Airtel website https://airtelkenya.com/ and will take effect from the date of notification of the update.

7. General Terms of usage

i. You cannot transfer 5G Unlimited plans to other subscribers.
ii. 5G Unlimited plans are not for re-sale. You therefore will not resell the Plans purchased from Airtel Kenya without its consent. Airtel
Kenya reserves the right to withdraw this Product from you if you breach these terms.
iii. These Terms and Conditions are available on https://airtelkenya.com/
 STANDARD TERMS AND CONDITIONS OF SERVICE

The Summary Terms and Conditions set out below (these 5. Obligations of the Customer the terms, conditions, notices, and charges
“Terms”) shall apply to the use of the Smartnet bundles provided 5.1. The Customer hereby agrees to:- under which the Services are offered as a direct
by Airtel Networks Kenya Limited to the Customer as described result of new or amended legislation,
herein. By using or upon registration for use of the Smartnet 5.1.1. Register and subscribe for the Services by statutory instrument, Government regulations,
bundle Services the Customer automatically agrees to abide by completing, signing, and submitting to Airtel the policy or license.
these summarized terms and Airtel’s General Network Service Service Order Form provided overleaf.
Terms and Conditions available on Airtel Kenya’s Website at 7.1.2. In the event of any review of Airtel’s business
www.airtelkenya.com. 5.1.2. Pay the rates stipulated in the Service Order planning, technical, public interest or operational
Form or otherwise communicated by Airtel, for reasons, changes within the industry,
Definitions: the provision and usage of the Services. The recommendations from regulatory bodies or
Customer shall be responsible for all applicable similar events the customer will be notified of
1.1. In this Agreement, the following terms shall have charges for using the Services using the such changes by SMS or e-mail or through the
the meanings stated herein unless otherwise Equipment whether those Services were used by media (including newspaper publications,
expressly stated: the Customer or someone else with or without television and radio) or on Airtel’s website at
the Customer’s authority or knowledge. www.airtelkenya.com.
1.1.1. “Agreement” means these Terms and Conditions
under which the Services described herein are 5.1.3. Ensure that he/she/it has sufficient credit so as 7.1.3. The Customer’s continued use of the Services
being provided and includes the Service Order to access the Services, as Airtel shall not be shall be deemed to be acceptance or agreement
Form and these Terms and Conditions, liable in any manner whatsoever in the event that to all such terms, conditions, notices and
Schedules, Supplemental Agreementsand Tariff he/she/it is denied access to the Services due charges and any changes thereto.
Guides as well as Airtel’s General Network insufficient credit.
Service Terms and Conditions which may be 7.1.4. Airtel reserves the right to suspend, disconnect,
varied by Airtel from time to time. 5.1.4. Ensure the safety and security of the equipment churn, bar, collect and or reallocate any
installed by Airtel at the Customer’s premises. equipment, mobile or telephone number for any
1.1.2. “Airtel means Airtel Networks Kenya Limited The Customer shall be responsible for the safety reason and without any liability whatsoever to
whose registered office is located at Parkside of the equipment and shall compensate Airtel for the Customer.
Towers, Mombasa Road, Nairobi, Kenya. any loss or vandalization of the equipment.
7.1.5. The Customer may only use the Services within
1.1.3. “Customer” means a legal person that 5.1.5. Allow Airtel reasonable access to its premises the Republic of Kenya and where allowable those
subscribes for the Services described herein. and ransit-controlled areas as may be necessary areas covered by Airtel’s Network or partner
for purposes of erecting, servicing, and networks.
1.1.4. “Effective Date” means the date of execution of maintaining the Services on the terms and
this Agreement by the last party to sign this conditions set out in this Agreement. 7.1.4 Airtel reserves the right to lock the network
Agreement. equipment provided by Airtel to the Customer so
5.1.6. Use the Services only for lawful purposes only that the Customer will only operate on the Airtel
1.1.5. “The Services” or “Network Services” means the and in compliance with the laws of Kenya and Network and may be restricted from certain
Smartnet Bundle Services and other Services as other internationally recognized laws and services.
described herein. regulations.
7.1.5 Access to all or any part of the Services may be
1.1.6. “Tariffs” means the charges for use of the 5.2. In the event of damage to or loss or theft of subject to the payment of additional charges on
serviced described herein as may be caried by equipment, the Customer is obliged to inform such terms and conditions as Airtel may
Airtel from time to time. Airtel immediately of such damage, loss, or theft determine.
by calling Airtel’s Customer Care Centre on
1.1.7. “Tariff Guide” means a guidance catalogue of 0733100100. 7.1.6. Title to any Equipment provided to the Customer
Airtel’s charges for the services as published by on provision of the Services, will remain with
Airtel from time to time. 5.3. The Customer shall be responsible for any Airtel and may be transferred to the Customer
transmitted under such conditions as may be agreed by the
1.1.8. “Partner” means a contracted Airtel appointed sales material and or communication, which is parties.
agent or installers. classified as illegal, defamatory, misleading or in
breach of any person(s) rights and shall keep 7.1.7. The Customer’s use of the Services may be
1.2. “Guide” means a guidance Words denoting the Airtel indemnified against any claims and monitored or recorded for use in business
singular shall include the plural and vice versa. expenses made against us in respect thereof. practices such as quality control, training,
ensuring effective system operation, prevention
1.3. References to persons shall include firms, 5.4. The Customer shall be responsible for the legal of unauthorized use of Airtel’s
corporations and other associations or bodies of compliance and security of any Equipment used telecommunications system and detection
persons whether or not incorporated and any to access the Services. The Customer is advised and prevention of crime and by signing these
government, state, or agency of a state whether to read and understand the manufacturer’s terms the Customer consents to the same.
or not any of the foregoing has any separate instructions for use of the Equipment, besides 7.1.8. Airtel is entitled to undertake routine and
legal personality. making sure that the Customer is fully trained by emergency maintenance and repair operations,
Airtel’s installer on the equipment usage at the which, will, where possible, be carried out upon
1.4. Clause headings are for ease of reference only time of installation. Airtel will not accept liability reasonable notice being given.
and shall not be construction or interpretation of for any malfunction of the Equipment, injury, loss 7.1.9. Airtel is entitled to decommission/ retrieve the
this Agreement. of data or damage to the Equipment caused by Equipment from the Customer in the event that
the mishandling/ negligence of the Customer. the Customer does not subscribe for the service,
2. Provision and Subscription for Services for a period of Sixty (60) consecutive days.
Airtel shall upon subscription by the Customer 6. Term
provide the Services described herein on the This Agreement shall commence on the Effective 7.2. The Customer shall be deemed to have
Terms and Conditions stipulate herein or any other Date and shall remain in effect until terminated accepted these Terms and Conditions as
Terms and Conditions that may be communicated in accordance with the terms herein. amended from time to time and which take
by Airtel from time to time. effect upon use of the Customer of Airtel’s Upon
6.1. Notwithstanding anything contained herein, this the termination of this Agreement Airtel shall
3. Service Charges Agreement shall not be terminable by the retrieve all its equipment installed at the
In consideration of the Services to be provided to Customer within the first three (3) years of the Customer’s premises.
the Customer, the Customer shall pay the rates Agreement. Airtel may however terminate the
and applicable charges as detailed in the Service Agreement upon giving the Customer One (1) 8. Network Services Equipment alteration or
Order Form or the Airtel Tariff Guide or as shall months’ prior written notice or summarily in the addition shall be made to the Network
otherwise be communicated to the Customer. event of material breach. Services Equipment except
8.1. If at Airtel’s discretion Airtel performs any service
3.1. Airtel may review the rates from time to time as 6.2. This Agreement shall automatically determine if on any Network Equipment necessitated by a
market conditions may dictate, with notice to the either party becomes insolvent, is declared cause other than normal use of such equipment
Customer, however no notice shall be required bankrupt, or is wound up or otherwise ceases to or use of parts or materials not provided by
where the increment of the rates is due to an exist. Airtel, including but not limited to any abuse,
increment in Government Taxes or Regulatory accidental damages, operator error, abnormal
Costs. 6.3. Upon the termination of this Agreement Airtel use, tampering, alterations or repairs not
shall retrieve all its equipment installed at the performed or authorized by Airtel or inaccurate
3.2. Where any equipment or device is faulty as a result Customer’s premises. instruction given by the Customer to Airtel’s
of the Customer’s mishandling or negligence while employees or agents who handle or use the
using the same, the Customer shall pay the 6.4. The termination of the Agreement shall not Network Equipment, the Customer shall pay
Repair/Maintenance Charges immediately upon prejudice any Airtel an additional charge (cost of device as
receipt of an invoice from Airtel upon after which rights that may have accrued to either party prior shall be communicated by Airtel + 20% of the
the repairs shall be done. to the termination. said cost as a penalty) for the time that Airtel’s
employees are so engaged at the prevailing time
4. Obligations of Airtel 7. Conditions of Use and material rates, including the price of any
Airtel shall: 7.1. The Services are made available to the parts of materials utilized in such services. If the
4.1.1. install, configure, and maintain Network-Locked Customer subject to the following Conditions of provision of the service is made
equipment (Outdoor & Indoor Units) and other Use:- necessary by normal wear and tear or by fault or
services related equipment at the Customer’s Airtel’s neglect, there will be no additional charge
premises, for the purposes of providing the 7.1.1. Airtel reserves the right to immediately change to the Customer.
Services described herein. 8.2. The Customer will be responsible for any loss or
 STANDARD TERMS AND CONDITIONS OF SERVICE

damage to the Equipment from the point of negligence) or otherwise for any costs, loss, Neither Party may assign or transfer or purport to
delivery to the Customer. liability, or damage whether direct, special, assign or transfer its rights or obligations under
incidental or consequential arising out of the this Agreement without having first obtained the
8.3. Airtel may block further use of the Equipment supply of the Service or failure to supply the written consent of the other party.
upon the Client’s written request provided that Service including but not limited to loss of
any loss or theft of the Equipment has been profits, business, anticipated savings or data or 19. Anti-Bribery Clause
procedurally reported to the police and after the for wasted expenditure. Airtel warrants that it has not and shall not
Customers have given Airtel all information and commit, procure, or encourage bribery in relation
documents that Airtel may require to effect this. to this Agreement, the services, or to obtain or
Any replacement of the Equipment shall be at 12. Confidentiality retain business or any advantage in business and
the Customer’s cost. The Parties undertake to throughout the term if has and shall ensure to the fullest extent possible
this Agreement, keen confidential the terms of that its employees and agents and others under
9. Fault Reporting and Resolution this Agreement, all confidential information its direction or control do not do so. For the
The Customer shall promptly notify Airtel of any agreed by the Parties as being confidential as purposes of this clause it doesn’t matter if the
fault in the Network Services and Airtel shall well as any information disclosed in the course of bribery is (i) direct or through a third party; (ii) of a
endeavor to rectify any such fault as soon as this Agreement and that either party shall use public official or a private sector person;
possible; provided such fault, breakdown such information only to the extent necessary to (iii) financial or in some other form; or (iv) relates
or problem is not caused by the negligence or perform the obligations in terms of this to past present, or future performance or
willful fault of the Customer. Where the fault is Agreement or as may be required by law. nonperformance of a function or activity whether
due to the negligence or willful default of the in an official capacity or not, and it doesn’t matter
Customer, Airtel may rectify it at the Customer’s 13. Notices whether or not the person being bribed is to
cost. Airtel shall promptly notify the Customer of All notices or other communication to be given perform the function or activity to which the bribe
any disruption or interference in service. under this Agreement shall, unless otherwise relates, or is the person who is to benefit from the
provided herein, be made in writing and sent to bribe. A person is individual, partnership, company,
10. Suspension and Disconnection of the Services the email addresses of the parties or the or any other legal entity, public or private.
10.1 Airtel may suspend, bar, disconnect, churn, addressed specified below:
restrict or terminate the provision of the Services Where, if permitted under this Agreement, Airtel
(in whole or in part) and or close the Customer’s a) In case of Airtel to: Enterprise Director, Airtel assigns to another person, or has another person
Account without prior notice to the Customers Networks Kenya Limited, Parkside Towers, perform any act, or not perform any act in relation to this
and without any liability whatsoever (although, Mombasa Road, P.O. Box 73146-00200, Nairobi, Agreement, it shall require such other person to agree in
Airtel will, where possible, try to inform the Kenya. writing to comply with this Clause. Airtel shall also
Customer that such action is or may be taken) incorporate those clauses (so that Airtel obliges
under the following circumstances: - b) In case of the Customer to the address provided that person not to commit bribery on its
by the Customer in the Service Order Form behalf) into any contract Airtel has with the other
10.1.1 If Airtel is aware of or has reason to believe that overleaf. person in relation to the services and or the act. A
the Service is being used in an unauthorized, person is any individual, partnership, company, or
unlawful, or fraudulent manner (or has been so Nothing contained herein shall justify or excuse any other legal entity, public or private. Airtel shall,
used previously). failure to give oral notice for the purpose of immediately upon becoming aware of any acts or
informing the other Party hereto when prompt suspicion of bribery, give the Customer
10.1.2 If the Customer does not comply with any of the notification is required but it is understood that details of any non-compliance with this Clause,
conditions relating to any part of the Services. such oral notice shall in no way satisfy the and of any non-compliance by any of other person
requirement of a written notice. envisaged under this Clause.
10.1.3 If Airtel believes the Customer is making calls or
sending data which is classified in its sole 14. Amendment/Variation of Agreement
opinion as being illegal, a nuisance, abusive, a This Agreement may not be modified, altered, or 20. Complete Terms and Conditions
hoax, menacing; unsolicited or indecent amended except by written instrument duly Airtel’s Standard Terms and Conditions which
(including any calls or messages relayed to executed by the Parties. govern the provision of Airtel’s Network Services
Airtel’s customer service operators). shall apply mutatis mutandis to this Agreement
Not withstanding anything contained herein, Airtel and shall form an integral part hereof. By using the
10.1.4 In the above situations Airtel will also may vary this Agreement at any time. Airtel Network Services, the Subscriber agrees to abide
decommission and remove the Airtel owned will advise the Customer about any changes and by the Standard Terms and Conditions available on
equipment and its accessories away from the where no objections are received within Thirty (30) Airtel’s Website indicated herein.
Customer’s premises. days of the Customer being deemed to have
received the notification of such changes, the Not withstanding anything herein contained, these
11. Exclusion of Liability changes shall be deemed to have been accepted Terms are subject to the terms and conditions of
11.1. In the event that Airtel is compelled to change or without further reference to the Customer. the License, and any other law, statute, or
reassign the Customer’s MSISDN to meet agreement in force or which may come into force
regulatory requirements or for any other reason, 15. Waiver and become applicable to or binding on
Airtel’s liability to the Customer will be limited to A waiver by Airtel or the Customer of any breach of Airtel or the Customer. If anything herein
retaining the Customer’s Account and where any of the obligations or duties of either party contained is irreconcilable or contradictory to
possible, transferring the Account to a new under this Agreement shall not be construed as a Airtel’s obligations under the aforesaid License or
MSISDN, failing which the Customer will be paid waiver of any succeeding breach of the same or law, or should the Customer commit any act or
the balance standing to the credit of the any other obligation or duty. The rights and omit to do things such that Airtel will be deemed
Customer’s Account. remedies provided herein are not exclusive of any to have contravened or be held to be in
rights or remedies provided by law. contravention of any term or condition of the
11.2. To the fullest extent permissible by law, Airtel No latitude, extension of time or other indulgence License or should it contravene any term or
shall be not liable for any costs, loss, liability or which may be given or allowed by one Party to the condition of the License, Airtel shall be entitled to
damage whether direct, special or consequential, other Party in respect of the performance of any claim for any loss incurred by way of penalty or
howsoever and whenever arising out of Airtel’s obligation hereunder shall preclude any such Party otherwise, or in the case of material or substantial
provision of, or failure to provide, the Services from enforcing at any time and without notice, breach or contravention, terminate these Terms as
and the Customer shall indemnity and keep strict and punctual compliance with each and is provided for herein unless the contravention or
Airtel indemnified at all times against any and all every provision or term hereof. inconsistency, or contradiction in question,
costs, expenses, actions, claims, demands and remedied without us having to terminate the
damages howsoever and whenever arising as a 16. Force Majeure Services.
result of the use of the Equipment by the No party to this Agreement shall be liable for such
Customer or anybody else dishonesty, fraud, failure is caused by circumstances outside the 21. Law Applicable
deceit, or willful neglect; or (ii) theft or loss of the reasonable control of such party, including, The Laws of Kenya shall govern the validity,
equipment or (iii) any liability which may not without limitation, any act of God, construction, and enforcement of this Agreement.
otherwise be limited or excluded under insurrection or civil disorder, war or other military
applicable law. operation, national or local emergency, acts or
omissions of Government, labour disputes of any
11.3. Airtel shall not be responsible or liable for any kind, fire, lightening explosion or any other such
failure to perform its obligations herein where cause.
such failures are caused by Acts of God, Acts of
Government, strikes or labour, disputes, riots, 17. Entire Agreement
fire, flood, lightening or other failures of This Agreement constitutes the whole agreement
sub-contractors or suppliers or any cause or between the parties as to the subject matter of
causes (where not or of a like nature) beyond this Agreement and
Airtel’s reasonable control. no agreements representations or warranties
between the parties other than those set out
11.4. Airtel will not be liable in contract, tort (including herein will be binding on the parties.
18. Assignment