GLOVYNET VIRTUAL INTERLINKS LTD

PROJECT: Internet Mtaani

GOAL: Supporting the Community with Affordable Internet

THE CONTRACT AND TERMS OF SERVICE

SECTION ONE:  PREAMBLE

In consideration of and as a condition of the parties entering into this agreement, and other valuable considerations, the receipt of this consideration is acknowledged, and the parties agree to be privy to this binding contract. In consequence, the contract is hereby entered:

Between __________________________________ (The Customer’s full name as in ID) of ID number_________________, Phone Number.______________________ and Email address_______________________________________ AND Glovynet Virtual Interlinks Ltd

(The Company/Contractor) who is the service provider. Entered on this _________Day of Month_____________________ in the year___________________.

The company wishes to provide services to the customer named above according to terms specified in this agreement in consideration for the fees and costs specified herein and as disclosed to the customer to form part of informed decision making regarding the services so proposed. The agreement refers to this document when executed on behalf of the company and includes all attachments and/or any other documents referred to in this agreement as part of negotiations, processing, or evidence of any type, form, or valid source. Submitting an electronic application will be a commitment to these terms and conditions. The endorsement will be confirmed by indicating full name on the online application and consenting to proceed.

The company shall review this agreement as frequently as necessary for effectiveness.

SECTION TWO: COMPANY REPRESENTATIVE

For purposes of this agreement, company representative refers to an employee, appointee, legal power of attorney or shareholder who will be the contact person whose role will be to endorse this agreement as a witness confirming the customer’s willingness to enter into the agreement as part of acceptance of the terms and conditions of service specified herein. The company representative has details and signature enlisted at the end of this agreement.

SECTION THREE: TERM OF THIS AGREEMENT

3.1         This agreement shall become continuously effective from the date of endorsement by both parties and maintained by monthly payment of agreed fees for provided services.

3.2         Delayed payment date shall enter a grace period of 5 days from the date its due, after which the services shall be terminated and enter a reinstatement status.

3.3         Failure to meet reinstatement conditions within 21 days after the end of the grace period shall be considered termination of this contract.

3.4         Any equipment rented or not fully paid for shall be recovered by the company without any condition forthwith once the contract is terminated.

3.5         A customer may also notify the company via any means that he/she wishes to terminate services.

3.6         Once termination is accomplished, all rented equipment and that not fully paid for shall be recovered within a maximum of five working days. It will be the responsibility of the customer to make conditions possible for the company staff to recover the equipment within the stipulated period in good condition, other than expected wear and tear.

3.7         Legal action: The company will be required to institute a legal action as a complainant where the customer will be the primary respondent, to recover the equipment in case the customer refuses to surrender it within stipulated duration after contract termination, or if there is actual of suspected intentional tampering with the equipment rendering it void and condemned before surrendering it to the company.

SECTION FOUR: SERVICES, PAYMENTS AND PENALTIES

4.1      Services:

The company, within its ability and legal jurisdiction, has enlisted several services and fully disclosed to the intended customers, clearly ensuring the customer understands the available options, with accompanied advantages and disadvantages of each. The customer has also willingly considered the available options and selected what is best for him or her.

4.2      The Service List:

4.2a.     PBA860: Public Basic Access

This is the Internet Mtaani hotspot in public areas of access. Designed for short-term needs and offers full public access. Individual access is on demand and as needed by the user. Affords small access fee. No contract is required for access. Speed and Bandwidth are basic for light use.

4.2b.    GSB859:  Group Sponsored Basic access

A group of internet users come together to share internet from one receiver under Wholesale Basic Plan. This package consists of a host who is connected to the internet directly from a control point, taking custody of the substation. Nearby consumers are connected via the substation. It becomes wholesale payable ONLY if there are at least 3 consumers in addition to the Estate host. Otherwise, the retail price will apply and wholesale privilege is lost. The host enjoys a discount of 25% off the payable amount during the cycle. This package is recommended for students in hostels; for families living in the same compound but houses are far apart; and for people staying together in proximity such as rental apartments. It makes the individual feel the value of togetherness with reliable personal internet access. It is recommended they contribute to acquire their own receiver device for more affordable options.

4.2c.     GSP812: Group Sponsored Premium access

A group of internet users come together to share internet from one receiver under Wholesale Premium Plan. It guarantees Super-fast internet, more bandwidth and higher speed for heavy users in a limited group. This package consists of a host who is connected to the internet directly from a control point, taking custody of the substation. Nearby consumers are connected via the substation. It becomes wholesale payable ONLY if there are at least 4 consumers in addition to the Estate host (4+1 threshold). Otherwise, the retail price will apply and wholesale privilege is lost. The host enjoys a discount of 25% off the payable amount during the cycle. This package is recommended for students with heavy research work; colleges with online interactive classes; heavy researchers and for people staying together in proximity such as rental apartments and need more bandwidth. Any other group where willing members live within reachable network access are welcome to subscribe. It makes the individual feel the value of togetherness with reliable personal internet access of high speed and stability. It is recommended they contribute to acquire their own receiver device for more affordable options.

 

4.2d.    IBW816:  Individual Basic Access

Individual basic Access is a plan well designed to meet the needs of individual light users who need reliable internet access with increased individual customization above the group sponsored plan. They enjoy privacy and a fully independent consumption of the internet. It is less advanced compared to Individual premium plan.  The consumer will provide their own receiver, connection cable and router as well ensure their security for equipment is guaranteed and not vulnerable to vandalization. This plan guarantees basic speed and bandwidth for basic online activities and limited downloads.

4.2c.     IPW815: Individual Premium Access

Individual Premium Access is a plan well designed to meet the needs of individual heavy users who need fast internet access with increased bandwidth above the basic plan. They enjoy privacy and a fully independent consumption of reliable internet. It is more advanced compared to Individual basic plan.  The consumer will provide their own receiver, connection cable and router as well ensure their security for equipment is guaranteed and not vulnerable to vandalization. This plan guarantees higher speed and increased bandwidth for heavy online activities and downloads.

4.2e.     ISP796:  Individual Super Premium

Individual Super Premium Access is a plan for users with very heavy continuous usage designed to meet the needs of individual heavy users who need super-fast internet access with increased bandwidth above the simple premium package. The supersonic speed enhances busy internet activities to run at finger click, and the increased bandwidth makes heavy downloads and online interaction scotch free without delay. The consumers enjoy privacy and a fully independent consumption of reliable internet. It is more advanced compared to Individual premium plan and remains the best above all options. The consumer will provide their own receiver, connection cable and router as well as ensure security for equipment is guaranteed and not vulnerable to vandalization. This plan remains the most popular and most preferred in the market.

4.2f.     CPA798:  Corporate Premium Access

This Package is customized for institutions such as schools and churches that might need to have several access points for training or other online functions where many people need access at the same time. User costs may vary depending on the intended user access points.

 

4.2g.    BCC809: Business and Customized Options

Customized pricing, individualized megabits per second plans, bandwidth and terms of service. Any individual or institution can request a customized package depending on the needs. This is a highly flexible package and can be modified to fit the customer. 

 

4.2h.     Package selection

            Selected Package option name ___________________________Product Code______

            Agreed monthly subscription___________________________. (Ksh. ________)

            Equipment rental__________________________(Ksh. ________)

            Equipment Instalment __________________________(Ksh. ________)

TOTAL COST DUE __________________________(Ksh. ________)

Any other_______________________________

4.3        Equipment Rental:

Should a customer be unable to pay for the Receiver from the commencement of service, a standard monthly payment of two hundred and fifty shillings (Ksh. 250) will be charged in addition to the standard package and paid on the due date for the duration of service. The receiver will be considered the property of the company. Tight security with anti-vandalism measures must be in place before equipment installation is initiated.

4.4       Customer’s Hire Purchase Equipment

A customer may decide to own the receiver/ Lite beam and pay for it in an agreed regular instalment if he/ she is active and regularly paying for monthly usage of the internet. If the client defaults on payment for services for 30 continuous days, or refuses to pay for the agreed installment, the Lite Beam will be repossessed by the company without any due notice. Tight security with anti-vandalism measures must be in place before equipment purchase is initiated.

Equipment Details: Company representative acknowledgement of Instalment receipt for equipment. (Only if not paid for in full initially).

Equipment details

Type

Model

Serial No

Cost (Ksh)

TOTAL DUE

4.5       Track Record of Installments for Hire Purchase Equipment

Initial Deposit: Ksh. ____________date received ____________Signature____________

First Instalment: _Ksh__________ date received _________Signature______________

Second Instalment: _Ksh_______ date received _________Signature______________

Third Instalment: _Ksh_________ date received _________Signature______________

Fourth Instalment: _Ksh________ date received _________Signature______________

Fifth Instalment: _Ksh__________ date received _________Signature______________

Payment completed date___________ Client sign_____________

Full payment confirmed by company representative name_____________________

4.6       Customer’s Mandatory Equipment

The router and connection Cable are compulsory devices for the customer to provide or purchase before connection. The host is not exempted unless he is not in need of Internet for personal use.

4.7       Due Dates:

a)     Standard due date:

A customer will be adjusted to a standard due date of the 1st day of every month if the first connection date is between 26th of connection month and 3rd of the month following.  

b)     Initial connection:

If the initial connection is on 4th – 25th of the month, then the cycle will count to 30 days and repeat on the same date for subsequent months.

c)      Grace period:

Grace period ends at midnight of fifth day post due date and Automatic disconnection will take place and continue until full payment is verified. The cycle will then recount 30 days from payment date, and due date will be adjusted manually after approval process is completed by verification by at least two staff members and communicated and agreed upon by the customer.

d)     Customer choice of due date:

A customer may request a preferred date in situation 4.5 (b) above but must make full payment on the first connection date, or else the cycle remains as specified. This request can be made any time as the customer deems it convenient, but the customer will remain disconnected if it falls into default status. After this, due date adjustment form will be signed by the chairman, verifying staff and the customer within five working days and filed alongside the customer agreement.

4.8     Reconnection charges:

A reconnection fee of 5% of package fee or Ksh. 200 (Two hundred), whichever is higher will be charged with no exception for any delayed payment beyond the offered grace period regardless of the reason. Payment will be in full unless disconnection was because of the company’s failure to sustain the obligation.

4.9     Compensation

Claiming compensation after reconnection due to defaulted payment will not be considered a genuine claim. Likewise, lack of service due to natural calamities such as power disruption or heavy rains will not constitute a genuine claim for compensation. However, should there be a genuine reason to claim compensation due to the company’s fault, compensation will be considered once an official complaint has been sent to the company by the customer.

4.10: Obligations

(i)   Company obligations

  1. The company agrees to provide the specified services as per the terms.
  1. The company will provide services as a contractor, not as an agent, servant, employee, partner, or joint venture.
  1. The contractor will not be entitled to any other benefits, payments or favors beyond those provided for in this agreement.
  1. Any changes to services and fees shall be agreed upon by the company and the customer.

  1. In the performance of contractor’s obligations, the contractor will comply with relevant laws and regulations of the jurisdiction, country, state, and territory of operations alongside specified policies of operations within the domain of the company.
  1. The company shall notify the customer of any changes in services and any updates thereof including updates on policies, terms and conditions of service delivery.

(ii)  Customer obligations

  1. Performance of customer’s obligation shall include security to service devices and avoidance of any acts of omission or commission that will tamper with the standard and configured settings of the service devices.
  1. The customer shall promptly notify the company representative of any service interruption, change of address of intended change of type of services to facilitate swift action from the company.
  1. The customer shall not sublet or subcontract devices or registered service equipment without prior written consent of the company.

SECTION FIVE: TERMS OF PAYMENT

  1. The fees for the services specified in section four shall be agreed upon after any negotiation, if need be and/or taken as displayed by the company by any means approved for customer information.
  1. Variation of any fee’s payment after endorsement of this agreement shall initiate re-endorsement of the agreement for purposes of authentication of changes.
  1. Payments shall be subject to receipt of the contractor’s itemized account, subject to verification by the company’s representative. The consumer shall be given the preferred mode of payment and choose any convenient options applicable.
  1. Payment shall be deposited into the verified accounts of the contractor within the agreed period and shall be conveniently paid by the first party, second party or third party as deemed convenient to the customer, if the customer account number is rightly specified and displayed at the point of payment.
  1. The customer shall be responsible for payment of sales tax specified by territory.
  1. The customer shall be responsible for payment of convenience fees if he/she opts to use third party means of payment for service.
  1. For installment-based payments for equipment, the customer shall be allowed to enjoy services as per the terms agreed.

SECTION SIX: RESTRICTIONS

  1. The customer shall not perform or permit to be performed any illegal, immoral, criminal or any objectionable act using the services so provided.
  1. The customer shall not perform or permit to be performed any acts of omission or commission that shall contravene the specified policy or terms of this agreement in whole or part thereof.

SECTION SEVEN:  COMPLIANCE WITH LAWS

  1. The customer shall use the services in compliance with the requirements of all applicable federal, state, local laws, ordinances, rules, and regulations, including all applicable regulations and policies promulgated by the state where the business is registered.
  1. The customer shall maintain ethical behaviors and comply with all applicable ethical standards, avoiding antisocial behaviors such as use of abusive language in communication with staff, theft of equipment, non-approved sub-contracting or sub connection of internet without the company’s knowledge, use of internet to conduct illegal business and any other acts that may be described as illegal and antisocial within the jurisdiction where the company’s operations are carried out.

SECTION EIGHT: CONFIDENTIALITY

The parties agree that any party privy to this contract shall keep completely confidential the terms and conditions of this agreement, the contract specific terms, and any financial, operational, or confidential information of any kind that is not already in the public domain.

SECTION NINE: TERMINATION

The agreement shall be terminated in case any terms and conditions specified herein get violated by either party. The contract shall be terminated by acts of omissions or commissions not limited to the of the following:

  1. When both parties mutually prefer the contract to end.
  2. Performance of the contract becomes practically impossible.
  3. Either party breaches the terms of the contract
  4. There is unsatisfactory performance of all or part of the obligations by either party.
  5. Refusal by either party to fulfil the contract at all.
  6. Completion of all obligations of the agreement by both parties.

SECTION TEN: ENDORSEMENT

The terms and conditions specified in this contract have been acknowledged by both parties and endorsed as stated below:

COMPANY ENDORSEMENT AND STAMP

Recruiting Agent full name_____________________________________________

            Company representative Signature_________________ designation___________

            Printed names _____________________________Date signed________________

CLIENT

I______________________________ (Customer name) hereby declare that I have read and understood the terms of service specified in this agreement and agree to willingly subscribe to the services and pay for the equipment as specified in this agreement. I do understand that failure to comply implies breach of the contract and it is enforceable by laws of Kenya. Signature______________________Date________________________

 

CLIENT’S WITNESS

Printed Witness Name_____________________________________________________

ID No_________________Sign________________Date__________________________