A
Zettatel Communications Limited
Bulk SMS Service Terms & Conditions
A. Company Details
Customers are required to provide accurate company information during the registration process. This information is used to create and administer the Customer's Bulk SMS account.
B. Sender ID Registration
A Sender ID is required before SMS messages can be sent.
Item
Price
Sender ID Registration (Safaricom, Airtel Kenya & Telkom Kenya)
KSh 7,000 (VAT inclusive)
Promotional Offer
KSh 4,999 (VAT inclusive)
C. SMS Pricing
· Customers are charged only for SMS messages submitted for delivery.
· SMS credits do not expire.
· All prices are VAT inclusive.
· SMS messages sent to Safaricom, Airtel Kenya and Telkom Kenya cost KSh 0.40 per SMS.
· International SMS rates vary depending on the destination network.
1. Definitions
For these Terms and Conditions:
· Supplier: Zettatel Communications Limited
· Customer: any individual, business or organization subscribing to the Services
· SMS: a text message containing up to 160 characters
· Services: the Bulk SMS services provided by the Supplier
· GSM Network: any mobile network through which SMS messages are delivered
2. Agreement
2.1
These Terms and Conditions govern the provision and use of the Services supplied by the Supplier.
3. SMS Service
3.1
Each SMS consists of up to 160 characters. Messages exceeding 160 characters will be treated as multiple SMS messages and billed accordingly.
4. Billing & Pricing
4.1 Billing
The Services operate on a prepaid basis.
· Customers are charged for every SMS message submitted to the Supplier for delivery, regardless of whether the message is ultimately delivered by the recipient's mobile network.
· SMS messages cannot be sent once the Customer's account balance reaches zero.
4.2 Pricing
Published prices apply to SMS messages sent to Kenyan mobile numbers. International SMS charges vary according to the destination network.
4.3 Price Changes
The Supplier reserves the right to revise pricing due to regulatory changes, taxation, mobile network operator pricing or other reasonable commercial circumstances. Customers will receive at least ten (10) working days' notice before any pricing changes take effect.
4.4 Refunds
SMS credits are non-refundable except where required by applicable law.
5. Customer Responsibilities
The Customer agrees to comply with all applicable laws and regulations when using the Services.
The Customer agrees to:
· Be solely responsible for all SMS messages sent through their account.
· Ensure that all message content is accurate and lawful.
· Obtain recipients' consent before sending promotional or marketing SMS messages where required by law.
· Provide proof of recipient consent upon request by the Supplier.
· Maintain the confidentiality and security of their account credentials.
· Notify the Supplier immediately of any unauthorized use or suspected compromise of their account.
· Use the Services responsibly and in accordance with these Terms and Conditions.
The Customer must not:
· Use the Services for any unlawful, fraudulent, misleading, abusive or malicious purpose.
· Send unsolicited or spam messages.
· Misrepresent the identity of the sender.
· Infringe another person's intellectual property or privacy rights.
· Attempt to gain unauthorized access to the Services or related systems.
· Introduce malware, viruses or other harmful software through the Services.
The Customer shall promptly notify the Supplier of any complaints relating to SMS messages sent through their account and shall cooperate in resolving such complaints.
Repeated or serious violations of these Terms and Conditions may result in suspension or termination of the Services.
6. Liability
6.1
The Supplier shall not be liable for any loss or damage arising from incorrect, incomplete or inaccurate information supplied by the Customer, including errors in message content, corrupted data or incompatible systems.
6.2 Additional Services
Any additional services requested by the Customer outside the standard Services may be subject to separate fees, which shall be agreed upon in advance.
6.3 Limitation of Liability
The Supplier shall not be liable for any indirect or consequential loss arising from the Customer's use of the Services, including loss of profits, revenue or data, except where such liability cannot be excluded under applicable law.
6.4 Service Availability
The Supplier will use reasonable efforts to provide reliable and uninterrupted access to the Services. However, the Supplier does not guarantee uninterrupted availability or successful delivery of SMS messages, as delivery depends in part on third-party mobile network operators, telecommunications infrastructure and other factors beyond the Supplier's reasonable control.
7. Data Protection
7.1
The Supplier processes personal data in accordance with the Data Protection Act, 2019 and all other applicable laws of Kenya.
7.2
Personal information is collected only for purposes including:
· Customer registration
· Service delivery
· Billing
· Customer support
· Regulatory compliance
· Service improvement
7.3
Personal information will not be disclosed to third parties except where required by law, necessary for providing the Services, or authorized by the Customer.
7.4 Customer Data Rights
Customers may contact the Supplier to access, correct or update their personal information, subject to applicable law.
8. Acceptance, Duration & Termination
8.1 Acceptance
This Agreement comes into effect upon successful registration of the Customer's account or first use of the Services, whichever occurs first. By registering for or using the Services, the Customer acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.
8.2 Duration
This Agreement remains in force until terminated by either party by giving one (1) month's written notice.
8.3 Suspension of Services
The Supplier may suspend the Customer's access to the Services, in whole or in part, where it reasonably believes the Customer has:
· breached these Terms and Conditions;
· engaged in unlawful or fraudulent activity;
· compromised the security or integrity of the Services; or
· used the Services in a manner that may expose the Supplier or third parties to legal or operational risk.
Suspension does not limit the Supplier's right to terminate this Agreement where appropriate.
8.4 Immediate Termination
Either party may terminate this Agreement immediately by written notice if the other party:
· becomes insolvent or enters bankruptcy, liquidation or receivership;
· commits a material breach of these Terms and Conditions and fails to remedy the breach within thirty (30) days after receiving written notice;
· becomes unable to lawfully perform its obligations due to changes in applicable law; or
· is prevented from performing its material obligations due to a force majeure event lasting longer than three (3) months.
Force majeure includes events beyond a party's reasonable control, including natural disasters, war, terrorism, civil unrest, labour disputes, government action, pandemics, widespread power outages and failures of telecommunications infrastructure.
Termination shall not affect any rights, obligations or liabilities accrued before the date of termination.
9. Governing Law & Dispute Resolution
9.1 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya.
9.2 Amicable Resolution
The Parties shall use reasonable efforts to resolve any dispute arising out of or relating to these Terms and Conditions through good-faith negotiations before commencing legal proceedings.
9.3 Jurisdiction
If a dispute cannot be resolved amicably, either Party may refer the matter to the courts of competent jurisdiction in Kenya.
10. Entire Agreement
These Terms and Conditions constitute the entire agreement between the Supplier and the Customer relating to the Services and supersede any prior agreements, representations or understandings relating to the same subject matter.
No amendment or variation of these Terms and Conditions shall be effective unless made in writing by an authorized representative of the Supplier.
Contact Information
Zettatel Communications Limited
Website: www.zettatel.com
Email: info@zettatel.com