Terms of Service

Your usage of our Domain and Web Hosting services on our online portal via www.domains.safaricom.co.ke means that you have accepted our Terms of Use.You (“the Customer) hereby represent that you are atleast eighteen (18) years of age and all the information you have provided is correct and true.

THIS AGREEMENT is made between:

  1. SAFARICOM LIMITED, a limited liability company with its offices located at Safaricom House, Waiyaki way, Westlands, Nairobi, Kenya and of P.O. Box 66827 – 00800 ("Safaricom"); and
  2. The Person identified in the online registration on www.domains.safaricom.co.ke or order Form as:

  3. (“the Customer)

(A) Background

  1. This Agreement defines the general terms and conditions for the supply of services by Safaricom to the Customer.
  2. Safaricom may, in addition to these general terms and conditions, define Special Terms and Conditions which shall apply to the use of the Services in addition to these general terms and conditions. The Special Terms and Conditions shall be defined in the Order Form.

(B) Exclusions

This Agreement is not applicable to Safaricom’s mobile payment and financial services (M-PESA) Services. 

1. ACCEPTABLE USAGE POLICY FOR DOMAIN & WEB HOSTING SERVICES

This Acceptable Use Policy (“the AUP”) states the minimum acceptable standards for use of Domain and Web Hosting Services.

1.1 Definitions & Interpretation In this AUP:

Unless otherwise indicated below, capitalized terms have the same meaning as defined in the Agreement.

“Commercial Use” means the sale, distribution or offer for sale of any products or services and/or advertisement of goods and services manufactured, produced, distributed or sold by the Customer.

“Software” means any software supplied to the Customer by Safaricom, including any Third Party Software.

“Third Party Software” means software belonging to a person other than Safaricom and which is supplied by Safaricom to the Customer under license from the owner of the Third Party Software.

“Other User Network” means the computer and internet system belonging to any person other than the Customer, including that other person’s account on the System.

“System” means Safaricom’s hosted services system or infrastructure.

“You” means the Customer and any User.


2. AUTHORITY TO ACCESS THE SYSTEM OR THE SERVICES

2.1 Age Restriction

Natural persons must be eighteen (18) years of age or older in order to register or subscribe for any Services.  The services are intended to solely for users who are eighteen (18) years of age or older.  Any registration, use of access to the services, by anyone under the age of eighteen (18) years is unauthorized and is a violation of this Agreement.

If a customer uses the services on behalf of another party or user, you agree that you are authorized to bind such party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the services.

2.2 Registration, Passwords and Account Security

  1. You agree that you will provide Safaricom with accurate details regarding Your identity and contact details for the purposes of registration or subscription for any Service. Any information you provide to Safaricom will be handled in accordance with Safaricom’s confidentiality policy and the Governing Law.
  2. Customer Credentials
    You agree to comply with the following conditions with regard to the Credentials:
    (i) You will change the Credentials upon receipt of the initial Credentials from Safaricom.
    (ii) Where Credentials cannot be changed and a security token is issued, You will keep the security token in safe custody and restrict access to the security token to authorized personnel only.
    (iii) If we consider in our sole and absolute discretion that the user name selected by You is inappropriate, we reserve the right to reject and prevent your use of such user name.
  3. Domain Names
    (i) You agree to comply with the requirements or conditions attached to the registration of Your domain name by the domain name registrar.
    (ii) You may only use IP addresses assigned to You by Safaricom in connection with the Services.
    (iii) You are responsible and liable to your domain name registered under your own account on www.domains.safaricom.co.ke 
  4. Data Security
    You are hereby notified that Safaricom has no visibility of the data stored by You on the System. You agree to take reasonable measures, including but not limited to encryption and/or User authentication mechanism to secure any Personal Information or Personal Data, sensitive, confidential or proprietary information or data transmitted through or stored on the System. Safaricom’s liability for the loss, corruption or leakage of data or information shall be limited to the amounts set out in the Agreement. You agree that Safaricom may suspend, restrict access, block or delete Your account if the data is corrupted or infected with a virus.

3. DOMAIN AND WEB HOSTING SERVICE

Domain and Web Hosting are two separate and different services.  They are charged at a separate fee which is available on the online portal www.domains.safaricom.co.ke 

Safaricom provides the domain and web hosting service within the specific various packages or plans as indicated on the online portal www.domains.safaricom.co.ke 


a) Domain and Web Hosting Registration and Activation

Kenic Registrar reserves the right to refuse to register a domain without giving any reasons whatsoever. The Domain and Web Hosting service will be registered and activated only after payment has been received on our platform.  The customer will receive an email notification confirming the activation of service within a few minutes after making payment for the specific domain and web hosting package.

b) Domain and Web Hosting Expiry

Customer will receive a domain and web hosting expiry notification on their active email together with an invoice indicating the renewal package, and amount with instructions on how to make the payment on our online portal www.domains.safaricom.co.ke  Customer is able to log into the service online portal on www.domains.safaricom.co.ke/clien.php and on the homepage click on the service and view the renewal dates and pending renewal invoices in order to action and make the payment to resume the domain and web hosting service.

c) Domain and Web Hosting Renewal

The customer will receive the domain and web hosting renewal notification on their active email address with instructions on how to renew the domain and web hosting package with an invoice of the current domain and web hosting package due for renewal.  Once the customer makes the renewal payment, the domain and web hosting service will automatically be renewed for another cycle whether one (1) one, (2) two, (3) three, (4) four, or (5) five years depending on the customer’s service cycle.  The customer may log into the online portal to confirm that the domain and web hosting service has been renewed and is active.

d) Domain and Web Hosting Suspension 

The customer’s domain and web hosting service will be suspended thirty (30) days after the service renewal notice has been sent to the customer’s active email address with details and instructions on how to renew the domain and web hosting service.  Kindly note that Safaricom will terminate the domain and web hosting service on day ninety (90th day) after the customer has received the domain and web hosting suspension notification email with instructions on how to renew the domain and make payment to resume the domain and web hosting services.

e) Domain and Web Hosting Termination

The customer’s domain and web hosting service will be terminated ninety (90) days after the customer receives the suspension notification via email.  Once the service is terminated, the domain will no longer be active in the registry hence the customer will not be able to send or receive emails under this domain name.  The website under this domain name will also not be accessible.  Once the domain and web hosting is terminated, the customer will need to log into our online portal and purchase the domain and web hosting package afresh, if it is still available for purchase.  Kindly note that Safaricom will not be liable if you do not renew your domain and web hosting within the prescribed time, and someone else goes ahead and purchases your domain name after it has been deleted/terminated.

f) Domain and Web Hosting Transfer

All domains transferred to Safaricom via www.domains.safaricom.co.ke online portal shall not have the registrant details changed unless the customer owns the domain name hence may change the details on whois tab on the online portal after logging into their account.  If a customer wants to make changes to a transferred domain and they are not the owner of the domain then the customer shall write an official communication to Safaricom requesting for change of the registrar details, this is with the exception of nameserver changes.Below are the mandatory expectations when a customer is carrying out a domain transfer:-

i. For domain transfers to be actioned, the domain MUST be active.

ii. If a domain is inactive (i.e. has expired or has been suspended), customer MUST renew the domain before we can effect the domain transfer request.

iii. Customer is solely responsible to migrate and back up their email accounts and website content prior to the domain transfer process starting.

iv. Customer’s email accounts and website content MUST be transferred using the FTP access provided by the current host, prior to domain/hosting transfer.

v. It is the sole responsibility of the customer to back up and migrated their email accounts and website content from the current host before carrying out the domain transfer request.

vi. Please note that all non-registered or inactive domains cannot be transferred.

vii. Customers who want to transfer domains registered outside Safaricom must subscribe to Safaricom’s new Web Hosting service plus a domain package to enable the transfer.

viii. If domains expiry date is less than 21 days, customer must renew the domain with the current domain provider before carrying out the transfer of the domain and web hosting.

ix. Customer will contact their current web developer in case of any issues with regard to uploading their website and email accounts to Safaricom’ s new webhosting and domain service.

g) Domain and Web Hosting Spamming 

Spamming is prohibited and causes damage to our hosting servers and does affect other customers using this service.The customer is not allowed to use the Safaricom host servers to transmit, directly or indirectly, any unsolicited mass or bulk emails or unsolicited commercial or marketing emails through our host servers.It is the customer’s responsibility to ensure that your computer, smartphone, and or tablet has the latest and active anti-malware, anti-virus and other related security softwares installed.If a customer repeatedly spams the host servers, it will result in customer account suspension and eventual termination if no action is taken by the customer.

h) Domain and Web Hosting Backup and Data Loss Policy

Safaricom backs up all internal host server infrastructure on a regular basis to ensure infrastructure redundancy for the domain and web hosting services.  However, the infrastructure back up does not include the customer’s account email and website content and data.  It is the sole responsibility of the customer to back up their website and email content and data on a regular basis onto other backup hard drives or softwares.  Safaricom can assist to provider a backup service at an additional cost to the customers who would be interested.Safaricom will not accept any liability or responsibility for any temporary or permanent data loss whether email, website content or otherwise.

i) Domain and Web Hosting Mail Limit Policy 

Safaricom has an active 150 outgoing email per hour per domain.  If the customer sends over this amount within one hour, the rest of your email over and above the 150 emails will be queued and may bounce back with an undelivered error.  If this occurs, we recommend that you wait atleast one (1) hour atleast as it will take some time for your user account/domain to be able to send email again. 

If you have a large mailing list (over three thousand email addresses), you will require a dedicated host server or virtual private server (VPS) hosting solution from Safaricom at an additional cost. 

4. COMMERCIAL USE

If You use the Services for any Commercial Use, you agree that You are solely responsible to Your customers for any losses, delays, damages incurred by your customers due to any downtime or Service outages.


5. BLOGS, CHATS, STREAMING

You are responsible for monitoring any Content stored on, transmitted or streamed through on blogs, chat forums and other social media networks which you operate from the System or from your domain. Any Content transmitted in the blogs, chats rooms and other such social media networks must comply with the provisions of paragraph 5.1 and 5.2 below. You agree to put in place policies regulating the use of such blogs, chat rooms and other such social media networks and you agree to incorporate the provisions of paragraph 5.1 and 5.2 below in any such policies. You agree to put in place a mechanism for reporting abuse of such policies and you agree to remove any Content on the blogs, chat rooms or other social media networks that violates the provisions of paragraph 5 below.

 

6. PROHIBITED ACTIVITIES

6.1 Abuse of System Security

  1.  You shall not or attempt to access or modify the System, the Services or any Other User Network through any unlawful or illegitimate means. For the avoidance of doubt, this restriction extends to the use of Credentials acquired legitimately to access Personal Data or other Content which You do not have authority to access to view.
  2.  You shall not or attempt to circumvent, override, bypass, disable or otherwise interfere with the security and User authentication controls on the Services, the System or Other User Network. You shall not probe, scan or test or attempt to probe scan or test the vulnerability of the System or Other User Network.
  3. You shall not engage in any activity that interferes with, impairs, degrades, interrupts, obstructs or disrupts the operation of the Services, the System or Other User Network.
  4. You shall not conceal or disguise Your identity or send any “pop up” messages with the intention to carry out a fraudulent act such as but not limited to fraudulently acquiring personally identifiable data. You shall not send “Pop-up” messages to any person with the intention of defrauding such person

6.2 Intellectual Property Rights

  1. You shall not register domain names if such registration would result in a violation of any other person’s intellectual property rights
  2. Where Safaricom has supplied You with any software, you shall not or permit other persons to:

(i)  copy, alter or in any way modify the Software or engage in any acts of piracy in relation to the Software; 

(ii) translate, decompile, disassemble, reverse compile, reverse engineer, interrogate, or the Software;

(iii) bypass or delete any security methods or systems, including but not limited to hacking, that are intended to prevent unauthorized copying, use of or access to the Software; or 

(iv) distribute, transmit, sell, sub-license, market, and rent the Software

c. You agree not to download, store, transmit, copy, stream, publish, distribute any literary material, musical works, software, images, artworks or other copyrighted works without the consent of the copyright owner, use trademarks and trade names without the consent of the trademark owner, use pirated versions of software or other copyrighted works,


6.3 Third Party Software License Terms

a. Where Third Party Software is supplied to the Customer by Safaricom as part of the Services, the Customer may be required to accept Third Party Software license terms prior to the use of the of the Third Party Software. The Customer hereby agrees that upon accepting the Third Party Software license terms:

(i) the Third Party Software license terms form an agreement between the third party Software licensor and the Customer separate and apart from this Agreement.

(ii) the Customer will comply with the terms of the Third Party Software license in addition to the terms of this Agreement.

b. You shall promptly notify Safaricom in writing of any claims received by the Customer in respect of the use of the Third Party Software.

7. REMEDIES

7.1 Safaricom reserves the right to suspend Your access to the Services or the System without prior notice to You if Safaricom has reasonable grounds to believe that You have breached the terms of this AUP.

7.2 The Customer shall indemnify, and hold harmless Safaricom from and against any claims, damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorney’s fees) arising out of or relating to any breach of the Acceptable Use Policy by the Customer.

7.3 Safaricom will, if so required by the Governing Law and Safaricom’s governance guidelines report any violation or abuse of this AUP.7.4 The above remedies are in addition to any other remedies that may be available to Safaricom or any other third party under the Governing Law for breach or abuse of the AUP by a User.

7.4 TERMINATION OF AGREEMENT

Upon termination of the Agreement or an Order Form in respect of hosted Services, Safaricom shall, from the effective date of the notice of termination, disable the Customer’s access to the System and the Customer shall remove all Content from the System within fourteen (14) days from the effective date of the termination notice failing which Safaricom will delete the Customer’s account on the System and all Content will be permanently deleted.

8. TERMS AND GOVERNANCE

8.1 Term

  1. This Agreement shall take effect on the date indicated above (“Commencement Date”) and shall be in force for a period of twelve (12) months from the Commencement Date and shall thereafter renew automatically for successive periods of twelve (12) months until such time as the Agreement is terminated by a Party (the “Term”)
  2. Order Forms shall be in force for the Defined Term.
  3. Where the Customer continues to use the Services upon the expiry of the Defined Term, the Customer shall remain liable for all Charges until such time as the Customer notifies Safaricom in writing that the Customer no longer wishes to utilize the Services and where applicable, the Customer complies with the termination procedures defined in the Special Terms and Conditions.

8.2 Governance

Each Party represents to the other Party that:

  1. it is properly constituted in accordance with the Governing Law.
  2. it has power to enter into this Agreement and to perform its obligations hereunder and has taken all necessary corporate action required to authorize the execution, delivery and performance of this Agreement.
  3. all consents, approvals, registrations or authorizations required to enable it to lawfully enter into this Agreement and perform its rights and obligations hereunder have been obtained or made and are in full force and effect and that each Party will maintain such approvals, registrations and authorizations during the Term.
  4. Safaricom shall, in addition to the standards defined in clause 6.1, meet the service levels defined in a Service Level Agreement and shall, where applicable, apply Service Credits in event of a failure by Safaricom to meet the agreed service levels PROVIDED THAT Service Credits shall not be payable where the Customer’s account is in arrears.
  5. The Customer shall be entitled to Service Credits only where such Service Credits have been defined in a Service Level Agreement. Service Credits shall be calculated and applied in the manner defined in the Service Level Agreement.


9. CUSTOMER RESPONSIBILITIES

The Customer shall:

9.1 provide to Safaricom such information and cooperation as Safaricom may reasonably require for the performance of the Service(s) or for the purpose of evaluating any requests for Services or changes to the Services made by the Customer.

9.2 where applicable, permit access to Customer premises to enable Safaricom’s personnel to deliver the Services (subject to observance by Safaricom’s personnel of reasonable site access regulations as previously advised in writing to Safaricom. Safaricom shall, upon request of the Customer, provide details of all works to be carried out at the Customer’s premises prior to commencement of such works, where the same is not agreed under an Order Form.

9.3 provide any hardware (in addition to the Devices, if any), cabling, power supply or such other items that are required for proper functioning or proper deployment of the Services as may be advised by Safaricom or as may be agreed by Safaricom and the Customer.

9.4 provide a suitable environment and carry out any preliminary works as agreed by Safaricom and the Customer including all necessary trucking, connection, configuration of the Customer Systems, obtaining any consents, way leaves, and rights of way.9.5 take responsibility for accuracy of any information provided to Safaricom by the Customer in respect of the Services and for any costs associated with correction of any errors arising from inaccurate information provided by the Customer to Safaricom. The Customer acknowledges that failure to provide accurate information or to provide reasonable assistance to Safaricom as may be required may lead to delays in the delivery of the Services.

9.6 The Customer represents to Safaricom that:

  1.  The Customer will not resell the Services.
  2. The Customer shall not use and shall use reasonable efforts to ensure that no User utilizes the Services for communication or transmission or storage or hosting of any Offending Material or for an illegal or unlawful purpose.
  3. The Customer shall not, and shall take reasonable measures to ensure that Users do not, engage in any activity that interferes with, impairs, degrades, interrupts, obstructs or disrupts the operation of the Services or the Network.

 

9.7 Security of Customer Systems

The Customer shall be responsible for maintaining the confidentiality and security of the Credentials and the Customer Systems. The Customer will be fully responsible for their internal LAN and security setups, including configuration of firewalls and other protocols required to protect their networks from hackers and malicious intrusion. “Credentials” means the user names, password and other security features employed by the Customer to secure access to the Services or to the Customer Systems.

10. SUSPENSION OF THE SERVICES

In addition to Safaricom’s right to suspend the Services under clause 8.3, Safaricom may, upon notification to the Customer suspend or vary the Services without liability to compensate the Customer, solely to the extent for any period during which:

10.1 Safaricom is required or requested to comply with an order or instruction of or on recommendation from the government or a Regulator or other competent authority;

10.2 Such a suspension or variation is necessary to facilitate modifications to, or allow for planned           maintenance of the Network;

10.3 Safaricom is investigating an alleged material violation by the Customer of its obligations under this Agreement.

11. EVENTS OF DEFAULT AND TERMINATION 

11.1 Termination for Breach by either PartyA Party

(“Non Defaulting Party”) shall have the right, without prejudice to its other rights or remedies, to terminate this Agreement or to terminate Services defined under an Order Form immediately by written notice to the other Party (“Defaulting Party”), and such notice shall be effective immediately upon service to the Defaulting Party if:

  1. is incapable of remedy or that other Party has failed to remedy that breach within thirty (30) days after receiving written notice requiring it to remedy that breach; or
  2. the other Party is unable to pay its debts or becomes bankrupt or insolvent or an order or an application is made or a resolution passed for the administration, winding-up or dissolution of the other party (otherwise than for the purposes of a solvent amalgamation or reconstruction) or an administrative or other receiver, manager, liquidator, administrator, trustee or similar officer is appointed over all or any of the assets of the other party or the other party enters into or proposes any composition or arrangement with its creditors generally or anything analogous to the foregoing occurs.


11.2 Termination by Safaricom

Safaricom shall be entitled to terminate this Agreement or to terminate Services defined under an Order Form by serving notice of immediate termination to the Customer where:

  1. Safaricom has been instructed to cease providing the Service by a Regulator or by the government or other competent authority;
  2. the Customer is unable to meet or maintain the credit requirements defined by Safaricom in respect of the Customer’s account.

11.3 Termination for Convenience

A Party may terminate the Agreement or terminate Services defined under an Order Form without cause by serving sixty (60) days’ notice of termination on the other Party.

11.4 Consequences of Termination of an Order Form or the Agreement

  1. Safaricom shall deactivate the Services immediately upon expiry of the notice period provided in the notice of termination issued by Safaricom or the Customer or immediately on receipt of the notice where no period has been provided.
  2. Termination will not affect any accrued rights or liabilities of any party at the date of termination.
  3. The Customer shall pay all outstanding Charges (including all installments due for the unexpired portion of the Term for Services or Devices sold under an Installment Plan) prior to the expiry of the notice period defined in the notice of termination.
  4. Where applicable, Safaricom will refund the deposit paid by the Customer (without interest) and less any interest charges for late payment or other deductions which Safaricom is entitled to charge to the Customer under this Agreement.
  5. All unutilized resources supplied to the Customer by Safaricom as part of a Service bundle will expire from the effective date of the termination notice and Safaricom will not be liable to refund to the Customer the value of any unused resources in a Service bundle.
  6. The Customer will lose any benefits accrued under Safaricom’s loyalty scheme, where the Customer has subscribed to the loyalty scheme.

11.5 Force Majeure

The failure of a party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Agreement in so far as such inability arises from an event of Force Majeure, PROVIDED THAT the party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms of this Agreement. A Party affected by an event of Force Majeure shall notify in writing the other party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.

12. CONFIDENTIALITY

12.1 Confidential InformationIn this Agreement, “Confidential Information” means (i) any information which can be used to personally identify a User (“Personal Data”); (ii) any information that has been marked as confidential or whose confidential nature has been made known by a Party (the “Disclosing Party”) to the other Party (the “Receiving Party”). Confidential Information does not include information which: (i) except for Personal Data, is already known to the Receiving Party at the time of disclosure by the Disclosing Party; (ii) is or becomes publicly known through no wrongful act of the Receiving Party; (iii) is independently developed by the Receiving Party without benefit of the Disclosing Party’s Confidential Information; or (iv) is received by the Receiving Party from a third party without restriction and without a breach of an obligation of confidentiality.

12.2 The Receiving Party shall only disclose Confidential Information to its personnel and professional advisors who have a need to access such Confidential Information solely for the purpose of fulfilling their obligations under this Agreement or their professional obligations and have been advised of the obligations of confidentiality and are under obligations of confidentiality to Safaricom. Subject to the provisions of clause 13, the Receiving Party shall not otherwise use or disclose to any person, firm or entity any Confidential Information of the Disclosing Party without the Disclosing Party’s express, prior written permission.

12.3 Each Party shall exercises at least the same level of care to protect the other’s Confidential Information as it exercises to protect its own Confidential Information of a similar nature but in no event less than reasonable care, except to the extent that applicable law or professional standards impose a higher requirement.

13. DATA USAGE AND PROTECTION

13.1 Safaricom and its personnel shall during the term of this Agreement comply with the Governing Law in connection with the processing of the Personal Data.

13.2 Safaricom  may  use  the  Confidential  Information  and  the  Personal  Data  for  purposes  connected  to  this agreement for:

  1. Fraud prevention and law enforcement;
  2. To comply with any legal, governmental or regulatory requirement;
  3. In reasonable business practices necessary for delivery of Services hereunder to Customer, including but not limited to quality control, measures aimed at improvement of the services, resolving complaints and disputes, training and ensuring effective systems operation.


14. NOTICES AND NO WAIVER

14.1 Any notices for purposes of legal proceedings will be served:

  1. In the case of the Customer: By Recorded Hand Delivery to the address indicated in the Order Form or the registered office of the Customer.
  2. In the case of Safaricom: by delivery to Safaricom House, Waiyaki Way, Nairobi and marked for the attention of the Director, Corporate Affairs

14.2 Such notices will be deemed to have been received 5 business days after mailing if forwarded by post and the following business day if hand-delivered or dispatched by e-mail.“Business day” for the purposes of this clause 14 means Monday to Friday between the hours of 0900 and 1700, excluding public holidays.

15. SUBCONTRACTING

15.1 Assignment:

A Party shall not assign the rights or obligations created hereunder without prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Any unauthorized assignment shall automatically terminate this Agreement.

5.2 Subcontracting

Safaricom shall be entitled to subcontract all or any part of this Agreement to competent subcontractor(s) PROVIDED ALWAYS THAT Safaricom remains responsible to the Customer for all actions, omissions and representations of the subcontractors.

16. DISPUTES

16.1 Amicable Settlement

The parties shall use their best efforts to settle amicably any dispute arising from or in connection with this Agreement or the interpretation thereof.

16.2 Arbitration

  1. If the dispute has not been settled amicably within thirty (30) days (or such longer period as may be agreed upon between the Parties) from when the dispute resolution process was instituted (or such longer period as may be agreed upon between the Parties), a Party may elect to commence arbitration.
  2. Where a Party elects to commence arbitration proceedings, such arbitration shall be referred to arbitration by a single arbitrator to be appointed by agreement between the Parties or in default of such agreement within fourteen (14) days of the notification of a dispute, the arbitrator shall be appointed upon the application of either Party, by the Chairman for the time being of the Kenya Branch of the Chartered Institute of Arbitration of the United Kingdom.
  3.  Such arbitration shall be conducted in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995.
  4. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the Parties hereto.
  5. Pending final settlement or determination of a dispute, the Parties shall continue to perform their subsisting obligations hereunder.

16.3 Notwithstanding the provisions of clause 16.2, a Party shall be at liberty to pursue such other dispute resolution measures as may be available to that Party under the Governing Law.16.4 Nothing in this Agreement shall prevent or delay a Party seeking urgent injunctive or interlocutory relief in a court having jurisdiction.

17. ENTIRE AGREEMENT & VARIATION TO THE AGREEMENT

This Agreement contains the whole agreement between the Parties relating to the subject matter of this Agreement. This Agreement shall not be varied or cancelled, unless such variation or cancellation shall be expressly agreed in writing by each party.


18. SEVERABILITY

If any provision of this Agreement is declared by any judicial or other competent authority or an arbitrator appointed hereunder to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner as achieves the intention of the Parties without illegality or at the discretion of Safaricom it may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

19. CUMULATIVE REMEDIES & NO WAIVER

Except where this Agreement provides otherwise, the rights and remedies contained in it are cumulative and not exclusive to rights or remedies provided by law. The failure by either Party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.


20. COUNTERPARTS

This Agreement may be executed in several counterparts, each of which shall be an original but all of which shall together constitute one and the same Agreement.

21. GOVERNING LAW

The validity and performance of this Agreement shall be construed under the Laws of Kenya.