A. COMPANY DETAILS
The company details are the details of the client seeking services from Zettatel Communications Limited. These details shall be requested through an online form during the sign up process.
B. Sender ID Pricing
Sender ID Registration (Safaricom, Airtel and Telkom) – Ksh. 7000(inclusive of VAT). A limited offer to Ksh 3,999 (Inclusive of tax) between September 2021 and December 2021 active.
C. SMS Pricing
Note you will only be charged for the SMS’s that you send out.
SMS credits do not expire. All prices are VAT inclusive.
Each SMS costs Ksh. 0.30 (30 cents) for termination to either Safaricom, Airtel Kenya or Telkom Kenya.
In this agreement the following terms have the following meanings:
“Supplier” – Zettatel Communications Limited
“Customer” – The party subscribing to Zettatel Communications Limited Bulk SMS Services
“Short Message Services” or “SMS” – 160-character text message that is sent to a cellular phone.
“Service/s” – The method of sending SMS messages used by the Customer
“GSM Network” – The GSM Cellular Network over which the SMS will be delivered.
2. AGREEMENT TERMS
2.1 The terms set out below will apply to the provision of services purchased by the Customer.
2.2 The Customer and the Supplier are free to withdraw from this agreement any time as long as 2.3 below is satisfied.
2.3 This agreement shall continue until terminated by either the Supplier or Customer on one Calendar month’s written notice to the other.
Zettatel Communications Limited
www.zettatel.com | firstname.lastname@example.org
3. THE SMS SERVICE
3.1 The Customer shall restrict all SMS Messages to 160-characters. All SMS Messages submitted that are longer than 160-characters, will be considered to be extra SMS units and shall be billed accordingly.
4. PRESENTATION OF BILLS AND PRICING
4.1 The Customer will be charged for all messages submitted to the Supplier for delivery.
a) The billing method is pre-paid.
b) If the customer account runs out of credits, sending of SMS’s will fail.
4.2 Pricing incl of VAT are for all SMS’s sent to a mobile number inside the Republic of Kenya. International rates will apply to international numbers.
4.3 Zettatel Communications Limited reserves the right to change the pricing model portrayed in part C of this agreement as a response to market dynamics. These market dynamics include but are not limited to; an increase in taxation by the government of the Republic of Kenya, increase in pricing by GSM Networks (Safaricom, Airtel, Telkom, etc), etc.
4.4 Should 4.3 above, arise, the Supplier will inform the Customer at least 10 working days to the effective date.
5. CUSTOMER ACKNOWLEDGEMENT
The Customer agrees to abide by all applicable local and international laws and regulations and is solely responsible for all acts or omissions that occur under his account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, the Customer agrees that:
5.1 The Customer is responsible for the content and accuracy of any SMS sent on their account
5.2 The Customer will adhere to an appropriate code of conduct when utilizing the Service/s.
5.3. Sending of unsolicited advertising material, illegal content, unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature is not permitted and may, at the sole discretion of the Supplier, result in the immediate termination of the Service/s.
5.4 The Customer will not create a false identity or forged phone number, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
5.5 The Customer shall present proof of a recipient’s consent to the delivery of SMS upon request by the Supplier.
5.6 The Customer will not harvest or otherwise collect information about others, without their consent.
5.7 The Customer will not transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity.
5.8 The Customer will not defame or slander any person, or infringe upon any person’s privacy rights.
5.9 The Customer will not transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
5.10 The Customer will not interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
5.11 The Customer will not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
5.12 Should the Supplier receive any complaints from Recipients regarding the receipt of unsolicited SMS, the Supplier will notify the Customer thereof. Similarly, should the Customer receive any complaint from any Recipient regarding the receipt of any SMS, the Customer will immediately notify the Supplier
5.13. The persistent abuse of the sending of unsolicited SMSs by the Customer or the omission to notify the Supplier of any complaint referred to above may, at the sole discretion of the Supplier, result in immediate termination of the Service/s.
5.14 The Customer will not interfere with another Member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.
5.15 Any activity that Zettatel Communications Limited believes could subject it to criminal liability or civil penalty or judgment will result in immediate termination of the Service/s.
6.1 The Customer agrees that Zettatel Communications Limited shall not be held responsible for any loss or damage arising from or consequential upon an act or default of the Customer whereby there occur errors in the coding of information, illegible information or documents; faulty, damaged, incompatible or incorrectly encoded computer media or data streams supplied; the late arrival or non-arrival of data; incorrect data, data out of sequence or in the wrong form or variations in data from that which ought to have been supplied.
6.2 Zettatel Communications Limited reserves the right to charge a reasonable fee for any necessary additional work done by Zettatel Communications Limited as a result of any matters listed in clause 6.1 above.
6.3 The Customer agrees that Zettatel Communications Limited shall not be liable in delict, contract, statute or otherwise for any indirect, special or consequential loss, damage, injury, expense including, but not limited to: loss of production, profits, revenue, goodwill, anticipated savings or other economic loss; wasted expenditure; contractual losses; or losses consequent upon loss or corruption of any data, stored programs or other software; howsoever arising, whether based on strict liability, caused by negligence, gross negligence or otherwise, and whether foreseeable or not.
6.4 This agreement shall be governed by the laws of Kenya, and both parties agree to submit to the jurisdiction of the courts of law under the Judiciary of Kenya in the event that any proceeding shall be brought under the terms of this agreement.
6.5 This document contains the entire agreement between the Customer and Zettatel Communications Limited and shall not be capable of variation except as agreed in writing by an authorized representative of Zettatel Communications Limited.
In accordance with Kenyan Law (Privacy Act), Zettatel Communications Limited declares that:
Zettatel Communications Limited
www.zettatel.com | email@example.com
7.1 Zettatel Communications Limited collects personal information of our visitors/customers with the purpose of registering them and activating an informative and statistical service on their behalf. Such data will be electronically treated according to the existing laws.
7.2 Such data may not be communicated to third parties.
7.3 The user benefits from the rights set out in accordance with Kenya Law (Privacy Act).
7.4 The data is collected by and is the responsibility of the sending party.
8. TERMS OF THE AGREEMENT
8.1 This Agreement shall come into force when signing up though our online platforms and shall cease to exist if terminated by any Party as may otherwise be agreed in writing between both Parties. The user shall be requested to tick a checkbox during the online sign up process agreeing to abide to our terms of service. If the user agrees to tick the checkbox, this shall be taken as having fully read, understood, agreed and digitally signed to abide to our terms of service. If the user fails to agree to the terms of service and consequently fails to mark the checkbox the sign up process will fail to proceed and the registration form will not be submitted.
8.2 Each Party shall have the right to cause this Agreement to be terminated when it has remained in force for an initial term of one (1) year after the date of signing of this Agreement, by giving the other party written notice not less than one (1) week prior to the end of the initial term. If not terminated as aforesaid, the Agreement shall after the initial term remain in force for an indefinite period and either Party may terminate the Agreement by giving the other Party written notice or email one (1) month prior to terminating the Agreement.
8.3 Either Party may terminate this Agreement immediately upon written notice if:
(i) the other Party should become insolvent or starts negotiations about composition with its creditors or a petition in bankruptcy should be filed by or against it or it makes an assignment for the benefit of its creditors; or
(ii) the other Party should fail to fulfil any of its obligations under this Agreement and (in case of a failure capable of being remedied) such failure is not remedied within thirty (30) days from having received a request for such remedial action; or
(iii) the other Party or the Party itself should fail to fulfil any of its obligations under this Agreement when the activities under this Agreement are illegal due to national and/or international laws and international and/or national regulations or official or reasonable interpretations of the before mentioned laws and regulations, notwithstanding the other rights of the Parties in such a case.
(iv) the other Party fails to perform any of its material obligations due to any event of force majeure where such situation exceeds a period of three (3) months.
Termination of this Agreement shall not relieve either Party of any antecedent liability for breach of this Agreement.