FIXED SERVICE APPLICATION FORM

Sales Person: ....................................................................................................................................................................................................................................

Agency/Dealer:................................................................................................................................................................................................................................
Region:.............................................................................................................................................................................................................................................

Customer Details:

Industry:...........................................................................................................................................................................................................................................
Company Name:...............................................................................................................................................................................................................................
Email Address:...................................................................................................................................................................................................................................

Physical Address
Road/Street: ....................................................................................................................................................................................................................................
Building: ...........................................................................................................................................................................................................................................
Floor: .................................................................................................................. Postal Address:...................................................................................................
City/Town: .......................................................................................................... Code: .................................................................................................................
Certificate of Incorporation No.: .......................................................................................................................................................................................................
V.A.T. Registration No.:......................................................................................... PIN Number.........................................................................................................
I.T. Mgr/Technical Contact Name: .....................................................................................................................................................................................................
Tel No.: ............................................................................................................... Email Address:......................................................................................................
Billing/Key Contact Person Name: .....................................................................................................................................................................................................
Tel No.: ............................................................................................................... Email Address:......................................................................................................

Tel. numbers for accessing support line:

1……….....................……………….……………......................................................... 2 .........................................................................................................................
*Please attach copies of ID/registration certificate/certificate of incorporation & vat registration certificates/pin certificate.

Tick Service Required:

Additional Details (Bandwidth/Licenses/Credit Limit)

Internet: ......................................................................................................................................................................................................................................
Wide Area Network (MPLS): ........................................................................................................................................................................................................
Fixed Data
P2P: ............................................................................................................................................................................................................................................
Price Excl. Tax: ............................................................................. Price Incl. Tax: .....................................................................................................................
(Indicate currency)

Reserved Member.....…………….......................................
One Connect Business Per Minute (KES)...................................................................................
Number of extensions to be activated…….........................
Reserved Credit Limitations (KES).........................................................................
Sequence to be activated.................................................

Silver Credit Limit per SC

..................................................
One Connect Plus (HCS) Gold No. of seats....................................
..................................................
Platinum ..................................................

• Reserved Number …………………………….....................

• Extension sequence to activate………………...................
• No. of extensions.............................………..................
• Price per minute…………….........................…..............

Activate International Calling? Yes No

*Security on Fixed Voice products is outlined on the minimum security guidelines document. Please ask for it from our sales representative.
Tick Appropriate Last Mile Technology:
Fiber WiMax Microwave LTE Other
Payment Details:
Payment Method: M-PESA Cash Direct Debit Cheque EFT
Contract Term:

Contract period attached to the service requested: 1 Year 2 Years 3 Years 4 Years 5 Years Other: ……………Years

Customer Declaration:

I/we hereby confirm that the information provided is accurate and undertake to inform Safaricom PLC of any changes. I/we accept Safaricom’s Standard Terms and
Conditions contained overleaf. I/we hereby authorise Safaricom PLC to approach our bankers and any other trade reference for any information Safaricom PLC may
require.
Applicant Name: ..................................................................................................Designation:..........................................................................................................
Date: ...................................................................................................................Authorised Signature..............................................................................................

Stamp:..................................................................................................................
 GENERAL TERMS AND CONDITIONS FOR DELIVERY OF SERVICES
1. INCORPORATION OF OTHER DOCUMENTS 4.8 Services Provided by Safaricom Affiliates. If an Order Form requires the provision of a Service to you in a ju-
Thank you for choosing Safaricom. This Agreement sets out the general terms that apply to the Service you have risdiction other than a jurisdiction within which Safaricom is authorized to provide services, the such Service may be
ordered from us. Your usage of the Service may be subject to additional terms and conditions that are set out in a provided to you by an Affiliate of Safaricom or through a third party service provider. If the provision of the Services
separate Service Schedule that you will be required to sign. Each applicable Service Schedule and Order Form that in such a jurisdiction requires that, in order for such Order Form to be enforceable, additional terms must be added
you sign in respect of a Service are hereby incorporated into this Agreement by this reference. or an additional contract be entered into with such a Safaricom Affiliate or third party provider, then the Parties shall
incorporate such additional terms in the Order Form or enter into such an additional contract preserving to the
2. HOUSEKEEPING fullest extent the terms set out in this Agreement.
2.1 WHAT SOME OF THE WORDS MEAN
2.1.1 Some of the words used in this Agreement have specific meanings. These words are capitalized throughout 5. OWNERSHIP
the Agreement and explained in clause 2.2 (Defined Terms). 5.1 Intellectual Property. You shall remain entitled to all right and interest in and to all of Your Technology and
2.1.2 The words below have the following meanings: confidential information, and Safaricom is and shall remain exclusively entitled to all right and interest in and to all
‘you’ and ‘your’ means you, the party that Safaricom is contracting . Safaricom Technology and its confidential information. Neither Party shall, directly or indirectly, reverse engineer,
Phrases that refer to ‘we’, ‘our’, ‘us’, ‘each of us’, ‘each of our’ and the like will mean either one or both of Safar- de-compile, disassemble or otherwise attempt to derive source code or other trade secrets from the property of
icom and you, whichever makes sense in the context of the sentence. the other Party.
2.1.3 The words ‘include’ or ‘including’ do not limit something to just the examples that follow.
2.2 Defined Terms 6. LIABILITY AND LIMITATION OF LIABILITY
“Affiliate” means an entity that now or in the future, directly or indirectly controls, is controlled by or is under 6.1 Damages. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, NEITHER PARTY SHALL BE LIABLE FOR
common control with a Party. For purposes of the foregoing, “control” shall mean the ownership of more than ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT
fifty percent (50%) of the LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPAT-
i. voting power to elect the directors of the entity or ED SAVINGS, LOSS OF DATA, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT
ii. ownership interest in said entity. SERVICES) ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM UNDER ANY ORDER OR THESE
“Agreement” means this agreement that is made up of these general terms and conditions, the applicable Service TERMS AND CONDITIONS, WHETHER OR NOT CAUSED BY THE ACTS OR OMISSIONS OR NEGLIGENCE OF
Schedules, the Order Form and if applicable to the Service, the Price List. ITS EMPLOYEES OR AGENTS, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN INFORMED OF THE
“DTA Country” means a country which has entered into a double tax agreement with Kenya and which agreement POSSIBILITY OF THE LIKELIHOOD OF SUCH DAMAGES.
would allow Safaricom not to pay tax twice on the same income.
“Force Majeure Event” is any unforeseeable and exceptional situation or event beyond the control of the relevant 6.2 NOTWITHSTANDING ANY OTHER TERM UNDER THIS AGREEMENT, SAFARICOM’S LIABILITY TO YOU AND
Party which prevents either of them from performing any of their obligations under the Agreement, was not due YOUR REMEDIES ARE LIMITED TO ANY APPLICABLE SERVICE CREDIT DUE TO YOU AND YOUR RIGHT TO TER-
to error or negligence on their part or on the part of a subcontractor or representative, and could not have been MINATE A PARTICULAR SERVICE ORDER.
avoided by the exercise of due diligence. Defects in equipment or material or delays in making it available, labour 6.3 When Safaricom is not liable to you. Notwithstanding any other term under this Agreement, Safaricom will not
disputes, strikes or financial problems cannot be invoked as force majeure unless they stem directly from a relevant be liable if it fails to do something that it is supposed to do under this Agreement, whether or not there is a Force
case of force majeure. Majeure Event, to the extent Safaricom’s failure is due to:
“Governmental Authority” means any national or county government or any other administrative or regulatory 6.3.1 your failure to carry out any of your responsibilities under the Agreement, or you carrying them out late,
body including without limitation, courts and public utilities. in which case you will pay Safaricom (where demanded) for any reasonable costs Safaricom incurs as a result
“Order Form(s)” means the document you shall use to order for a Service(s). The Order Form shall be in the form of your failure;
of purchase order or such other form (physical or electronic) as may be required by Safaricom that sets out infor- 6.3.2 a restriction or prevention by applicable law, a court order, an application for interlocutory relief or in-
mation that includes the Services that you require, the applicable Service Fees and the Term. junction.
“Price List” means the price for the Service(s) in the applicable Service Schedule. 6.3.3 your or your representatives written direction.
“Ready for Service Notification” means a written notice from Safaricom to you that the Service ordered has been 6.4 Disclaimer of Warranties. EXCEPT FOR WARRANTIES EXPRESSLY MADE IN THIS AGREEMENT AND TO THE
installed, tested and is functioning properly in accordance with Safaricom’s specifications for the Service. FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, SAFARICOM MAKES NO WARRANTIES OR REPRESEN-
“Safaricom” means Safaricom PLC. TATIONS EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
“Safaricom Equipment “ means any and all devices supplied by Safaricom that are used to deliver the Services, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR
including but not limited to all terminal and other equipment, wires, fiber optic cables, lines, circuits, ports, routers, USE.
switches, cabinets, racks, private rooms and the like. Safaricom Equipment shall not include any devices sold to
you by Safaricom or owned by you. 7. TERMINATING THIS AGREEMENT OR ORDER FORM
“Safaricom Network” means the telecommunications network which is owned and/or leased, operated and main- 7.1 Termination by you. You may terminate an Order Form by sending to us your written notice of termination if
tained by Safaricom or its Affiliates and that is used to deliver the Services. we breach a material term of this Agreement and, if such breach is capable of remedy, we fail to cure such breach
“Safaricom Technology” means Safaricom’s proprietary technology, including without limitation, Services, software within thirty (30) days after receipt of your written notice
tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, 7.2 Termination or Suspension by Safaricom. Safaricom shall have the right, upon written notice, to immediately
class libraries, objects and documentation (both printed and electronic), network designs, know-how, business terminate or suspend this Agreement or any Order Form(s), and discontinue or suspend the delivery of the affect-
methods, and any related intellectual property rights throughout the world (whether owned by Safaricom or li- ed Services (without liability) in the event that:
censed to Safaricom from a third party). i. you breach a material term of this Agreement or Service Schedule including the failure by you to pay sums
“Services” or “Services” means the service that Safaricom will provide to you as listed in the Order Form. when due;
“Service Commencement Date” means the date indicated in the Ready for Service Notification. ii. you commit a violation of: (i) any communicated Acceptable Use Policy or other rules relating to use of,
“Services Fees” means charges for Services (including but not limited to monthly recurring charges and non-recur- access to, or security measures relating to the Services, or (ii) any law rule, regulation or policy of any Gov-
ring charges) that you will be required to pay as identified in the Order Form(s), Service Schedule or Price List as ernment Authority related to the Services or your use thereof;
the case may be. Services Fees exclude applicable transaction taxes including but not limited to VAT which will be iii. you engage in conduct that has caused or may cause material damage to Safaricom’s Equipment, Network
billed to you at the prevailing rate at the time of the invoice. or third parties;
“Service Schedule” means the schedule that sets out service specific information including terms and conditions, iv. Any bankruptcy, insolvency, administration, liquidation, receivership or winding up proceeding are com-
specifications, the applicable solution design/architecture and other technical information applicable to the Service menced against you;
ordered. v. In the event Safaricom receives any direction, notification or instruction from any Governmental Authority to
“Term” means the period of time, as set out in the relevant Order Form, during which Safaricom will provide the suspend or terminate the provision of Services to you.
Services to you. 7.3 Consequences of Termination. On termination of the Agreement or an Order you must stop to use the Ser-
“Termination Charges” means compensatory charges payable by you to Safaricom on termination of an Order vices and will pay to Safaricom all Service Fees due, including any applicable Termination Charges.
Form calculated in accordance with the formula set out in the applicable Order Form or Service Schedule. We have
agreed that these termination charges are a genuine pre-estimate of the loss that Safaricom would incur due to 8. MISCELLANEOUS PROVISIONS
the termination of the Order Form and/or the remaining balance of the equipment purchased by the Customer 8.1 Contents of Communications. Safaricom does not monitor and will have no liability or responsibility for
on an amortized basis. the content of any data and/or communications transmitted via the Services. You acknowledge and agree that
“Your Premises” means the location or locations occupied by you or your end users to which Safaricom will deliver Safaricom and its Affiliates (together “the Providers”) are only intermediaries for the transmission of your infor-
the Service. mation and that the Providers play a passive role as a conduit of your information and that they neither initiate
“Your Technology” means your proprietary technology, including without limitation, all text, pictures, sound, video, the transmission of information, select the receivers of the transmission, nor select or modify the information
and log files, your software (in source and object forms), user interface designs, architecture and documentation contained in the transmission.
(both printed and electronic), know-how, and any related intellectual property rights throughout the world (whether 8.3 Force Majeure. Neither party shall be liable, nor shall any credit allowance or other remedy be extended, for
owned by you or licensed to you from a third party). any performance that is prevented or hindered due to a Force Majeure Event. The Party claiming relief under this
clause shall exercise commercially reasonable efforts to minimize the time for any such delay. If a Force Majeure
3. WHEN THE AGREEMENT STARTS AND ENDS Event persists beyond thirty (30) days, the parties agree to meet and discuss an equitable solution taking into
3.1 The Agreement starts on the Service Commencement Date and will carry on until: account the nature of the obligation involved, the likelihood of a workaround solution, and the extent to which the
3.1.1 the end of the Term; or affected party is or will be adversely affected. If a Force Majeure Event persists beyond ninety (90) days, then you
3.1.2 one of us ends it (in a manner permitted by the Agreement). shall have the right to terminate the relevant Order Form.
8.4 Data Protection. During the performance of this Agreement, it may be necessary for Safaricom to transfer,
4 THE SERVICES process and store billing and utilisation data and other data (including personal information) necessary for the
4.1 General. You may submit Order Form(s) requesting for the delivery of Services, each of which when accepted provision of the Services and its other obligations under this Agreement. You hereby consent to Safaricom’s (a)
in writing by Safaricom will be governed by this Agreement. transfer (including to its Affiliates and relevant third parties), storage and processing of such data; and (b) use of
4.2 Term/Service Fees. You agree to pay the Service Fee during the Term and for such longer time as you may use such data for its own internal purposes, for the performance of this Agreement and as allowed or required by law.
the Services. In the event Safaricom permits you to continue to use the Services after the end of the Term, then the 8.5 Data Privacy. Safaricom is committed to respecting and protecting the privacy of the information we collect
Term will automatically renew for successive twelve (12) month periods. Either Party may terminate the Agreement from you in compliance with the applicable laws and obligations on data use and privacy. Our privacy statement,
before the end of the Term or any renewal term by providing thirty (30) days prior written notice of such intention as updated from time to time, explains how we treat your personal data and protect your privacy when you
to the other Party. use our Service and can be found on [Link]
C1_Safaricom_Data_Privacy_Statement.pdf. Any update or amendment to these Terms and Conditions including
4.3 Payment. Unless otherwise agreed between the Parties in writing, billing for the Services shall commence on the privacy terms will be available on the Safaricom website [Link] and will take effect from the date
Service Commencement Date. Safaricom shall invoice all Service Fees, monthly (partial months will be pro-rated of notification of the update or amendment.
based on a calendar month) in advance except for charges that are dependent on usage which shall be billed in 8.6 Governing Law; Dispute Resolution. The interpretation, validity and performance of this Agreement shall be
arrears. You shall pay all amounts due within thirty (30) days from the date of invoice to the bank account desig- governed by and construed in accordance with the laws of Kenya. Any dispute or difference between the Parties
nated by Safaricom from time to time or through the Safaricom MPESA. Unless otherwise specified in the Order relating to the rights or obligations of the Parties under this Agreement which cannot be settled amicably shall be
Form, all amounts shall be invoiced and paid in Kenya Shillings. brought before Kenyan courts.
4.4 Withholding Tax if you deduct withholding tax from your payments to Safaricom, you will: 8.7 Severability; Waiver. In the event any provision of this Agreement is held by a court of competent jurisdiction
4.4.1 where the Service is provided in Kenya or a DTA Country, provide Safaricom with a withholding tax certificate to be invalid, void or unenforceable, such offending provision(s) shall be stricken and the remainder of this Agree-
in such format as may be prescribed by the Kenya Revenue Authority from time to time. ment shall remain legal, valid and binding. The failure by either Party to exercise or enforce any right conferred
4.4.2 where the Service is provided outside of Kenya or in a non-DTA Country, gross up your payments to Safar- by this Agreement shall not be deemed to be a waiver of any such right nor to operate so as to bar the exercise or
icom so that the net amount Safaricom receives is equal to the amount it would have received had there been no enforcement of any such or other right on any later occasion.
deduction or withholding. 8.8 Assignment. You may not assign this Agreement without first obtaining Safaricom’s prior written consent.
4.4.3 indemnify Safaricom in full including for any interest, fines and penalties charged by the taxing authority Safaricom may assign this Agreement [to its Affiliate] without your prior written consent but you will be notified
and any costs to defend the claim where Safaricom receives a claim from a taxing authority that it has not received of the assignment.
withholding tax deducted. 8.9 Notice. Any notice or communication required to be given hereunder may be delivered by hand or email
4.5 Disputed Bills. In the event that you dispute any portion of a Safaricom invoice then you will be required to (with confirmation of delivery) at in the case of Safaricom, to Safaricom House, Waiyaki Way c/o the CEO and in
pay the undisputed portion of the invoice and submit a written claim for the disputed amount, documenting the your case to the address you provide in the Order Form or at such other address as may be subsequently commu-
basis of your claim. All claims must be submitted to Safaricom within seven (7) days of receipt of the invoice for nicated by either party by notice in writing.
those Services. 8.10 Entire Understanding. This Agreement (including the Service Schedules, any Order Form and to the extent
4.6 Unauthorised Use of Services. You will be solely responsible for all charges incurred in respect of the Services applicable the Price List), constitute the entire understanding of the Parties related to the subject matter hereof. All
even if such charges were incurred through or as a result of unauthorized use of the Services unless such unautho- prior written or oral agreements, understandings, communications or practices between you and Safaricom are
rized use is proven to have been occasioned by a willful default by Safaricom. hereby superseded insofar as they relate to the Services hereunder. This Agreement may be amended only in
4.7 Equipment Provided and Configured by you. Safaricom will not be responsible for the operation or mainte- writing signed by a duly authorized representative of each of the Parties. In the event of any conflict between the
nance of any equipment provided or configured by you and neither will Safaricom be responsible for the trans- documents comprising this Agreement, precedence shall be given to the documents in the following order: (i) this
mission or reception of signals by your equipment. You shall ensure that your equipment does not interfere with Agreement; (ii) the applicable Service Schedules; (iii) the Order Form.
or otherwise degrade the operation of the Safaricom Equipment or the Safaricom Network. Safaricom shall have
full control over the configuration of the Safaricom Network and Safaricom Equipment. You may choose to buy
equipment from Safaricom at an amortized rate.