Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING OR USING THE WAWINET PLATFORM. BY CLICKING “I AGREE”, COMPLETING REGISTRATION, OR ACCESSING THE PLATFORM, YOU ENTER INTO A LEGALLY BINDING CONTRACT WITH WAWINET UNDER THE LAWS OF KENYA.

1.1 These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Operator” or “ISP”) and Wawinet (“we,” “us,” “our”), governing your access to and use of the Wawinet ISP billing and management platform (“Platform”).

1.2 These Terms are governed by the laws of Kenya, including the Law of Contract Act, the Kenya Information and Communications Act, 1998, the Data Protection Act, No. 24 of 2019, and the Computer Misuse and Cybercrimes Act, 2018.

1.3 By registering an account, you represent and warrant that you have legal authority to bind the organisation you represent, that your organisation is a legally registered entity in Kenya or such other jurisdiction as we may permit, that all information provided during registration is accurate, complete, and not misleading, and that you are at least 18 years of age.

2.1 The Platform provides billing and subscription management, M-Pesa payment integration, customer management, network device management, hotspot management, RADIUS authentication, SMS notifications, reporting, and analytics to registered ISP operators.

2.2 We reserve the right to modify, suspend, or discontinue any feature of the Platform with 30 days’ written notice, except where required to comply with legal obligations or address security vulnerabilities.

3.1 To access the Platform, you must complete registration and provide accurate, current, and complete information about your organisation.

3.2 You are solely responsible for maintaining the confidentiality of your login credentials, all activities occurring under your account, implementing appropriate access controls for your staff, and immediately notifying us at security@wawinet.ne.ke of any suspected unauthorised access or security breach.

3.3 Each account corresponds to a single legal entity. You may create multiple staff user accounts within your organisation, but you remain responsible for ensuring all users comply with these Terms.

3.4 You must maintain accurate business registration details, KICA licence information, and M-Pesa credentials. Providing false or misleading information constitutes a material breach of these Terms and may result in immediate account suspension.

4.1 The Platform is offered on subscription plans with features and limits as published at wawinet.ne.ke/pricing. We may introduce new plans or modify existing plans with 30 days’ notice.

4.2 Subscriptions are billed monthly in advance. Your billing cycle commences on the date of your first payment. Charges are non-refundable except where required by Kenyan consumer protection law.

4.3 Payments are accepted exclusively via M-Pesa. By providing your M-Pesa phone number, you authorise us to initiate STK Push payment requests for your monthly subscription.

4.4 Payment is due on the first day of each billing cycle. Accounts overdue by more than 10 calendar days will be suspended. Accounts overdue by more than 90 calendar days may be permanently terminated and data deleted in accordance with our Data Retention Policy.

4.5 All fees are exclusive of applicable taxes. You are responsible for any taxes applicable to your use of the Platform under Kenyan law, including VAT where applicable.

5.1 You acknowledge that by entering your customers’ personal data into the Platform, you act as a Data Controller under the Kenya Data Protection Act, No. 24 of 2019, and are required to be registered with the Office of the Data Protection Commissioner pursuant to Section 18 of the DPA.

5.2 The processing of End User personal data by Wawinet on your behalf is governed by our Data Processing Agreement, which is incorporated into these Terms by reference and establishes the subject matter, nature, and purpose of processing, the type of personal data and categories of data subjects, your obligations and rights as Data Controller, and our obligations as Data Processor under Section 42(2) of the Kenya DPA.

5.3 You agree to ensure you have a lawful basis for processing End User data, provide End Users with appropriate privacy notices, respond to End User data subject rights requests, avoid uploading sensitive personal data unless specifically agreed, and report any personal data breach to us within 48 hours of discovery as required by Section 43(3) of the DPA.

6.1 The Platform may only be used for legitimate ISP operations, specifically the management of internet service subscriptions, billing, and related network services.

6.2 You must not use the Platform to violate Kenyan law, process payments for unlawful services, upload malware, attempt unauthorised access to other organisations’ accounts or data, reverse engineer or create derivative works, resell or sublicense access without written consent, transmit unsolicited bulk commercial messages, circumvent security features, or collect data about other Platform users.

6.3 Any content uploaded to the Platform must be accurate, lawful, and not infringe third-party rights.

7.1 The Platform, including its software, code, user interface, trademarks, logos, and documentation, is our exclusive intellectual property protected under Kenyan and international law. These Terms do not transfer any ownership rights to you.

7.2 Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal ISP operations during the subscription period.

7.3 You retain ownership of all data you upload to the Platform. You grant us a limited licence to process your data and your End Users’ data solely to provide the Platform services.

8.1 We target 99.5% Platform availability, excluding scheduled maintenance and circumstances beyond our reasonable control. Actual uptime metrics are published at status.wawinet.ne.ke.

8.2 Scheduled maintenance will be announced with at least 48 hours’ notice via platform notifications and email. Emergency maintenance may be performed without advance notice where necessary to address security vulnerabilities or critical failures.

8.3 We do not warrant that the Platform will be error-free, uninterrupted, or available at all times. The Platform is provided “as is” and “as available” to the fullest extent permitted by Kenyan law.

9.1 To the maximum extent permitted by the laws of Kenya, we are not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, loss of goodwill, or business interruption, regardless of how caused.

Our total aggregate liability for any claim arising under or in connection with these Terms shall not exceed the total fees paid by you in the three months immediately preceding the event giving rise to the claim. We are not liable for failures or interruptions caused by Safaricom M-Pesa, TalkSasa, third-party APIs, internet service failures, or other factors beyond our reasonable control.

10.1 Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.

10.2 Confidentiality obligations do not apply to information that is publicly known through no breach, was known before disclosure, is independently developed, or is required to be disclosed by law or court order.

11.1 You may terminate your subscription at any time by providing 30 days’ written notice to support@wawinet.ne.ke. No refund will be issued for the remaining portion of the current billing month.

11.2 We may terminate or suspend your account with immediate effect if you materially breach these Terms and fail to remedy the breach within 14 days of written notice, fail to pay fees for more than 90 days, are subject to insolvency proceedings, use the Platform for illegal purposes, or repeatedly violate the Acceptable Use Policy.

11.3 Upon termination, your access to the Platform ceases immediately, you may request an export of your data within 30 days, data will be retained and deleted in accordance with our Data Retention Policy, and all outstanding fees become immediately payable.

12.1 These Terms are governed by the laws of Kenya.

12.2 In the event of any dispute arising from or in connection with these Terms, the parties shall first attempt to resolve the dispute through good faith negotiation within 30 days of written notice.

12.3 If negotiation fails, disputes shall be referred to mediation under the Nairobi Centre for International Arbitration Mediation Rules before commencing litigation.

12.4 Subject to clauses 12.2 and 12.3, disputes shall be subject to the exclusive jurisdiction of the Kenyan courts.

13.1 These Terms, together with the Privacy Policy, Data Retention Policy, and Data Processing Agreement, constitute the entire agreement between the parties regarding the Platform.

13.2 We may amend these Terms with 30 days’ written notice. Continued use of the Platform after the effective date of amendments constitutes acceptance.

13.3 If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.

13.4 Failure to enforce any provision does not constitute a waiver of that provision.

13.5 You may not assign your rights under these Terms without our prior written consent. We may assign our rights to an affiliate or successor.

13.6 Neither party is liable for delays or failures caused by circumstances beyond their reasonable control, including acts of God, government actions, pandemic, or internet infrastructure failures.