Prepaid Service Terms and Conditions

This agreement contains the complete terms and conditions that apply to your participation in Airtel’s

GSM service and supersedes all other agreements entered into between yourself and Airtel Networks

Kenya Limited of Parkside Towers, Mombasa Road, P.O Box 73146-00200, Nairobi Kenya (Airtel).

These terms and conditions take effect on the date of publication. By participating in or continuing to use

the Airtel GSM Service, you shall be deemed to be making an affirmative statement of your acceptance of

these terms and conditions.

1. Definition of Terms

1.1 ACCOUNT HOLDER: Means the CLIENT.

1.2 ACTIVATION DATE: Means the date on which the CLIENT successfully subscribes for

prepaid services provided by AIRTEL through AIRTEL’s SIM Card AND the terms

“Activate” and “Activation” shall have corresponding meanings.

1.3 AIRTEL: Means Airtel Networks Kenya Limited a limited liability company incorporated in

the Republic of Kenya under the Companies Act (Chapter 486 of the Laws of Kenya) of P.O

Box 73146 - 00100 Nairobi (hereinafter referred to as “AIRTEL” which expression shall

where the context so admits include its successors and assigns).

1.4 “BUNDLE” means the package selected by the Subscriber in respect of a pre-determined

value of calling minutes, SMS, data, devices and/or any other AIRTEL services.

1.5 “BUNDLE PRICE” means the charge levied by AIRTEL in respect of a Bundle (regardless

of actual usage / consumption).

1.6 CHARGES: Means all the fees cost charges and interests associated with use of AIRTEL’s

prepaid services and shall include the Bundle Price (where applicable).

1.7 CLIENT: Means a person or entity who successfully subscribes for AIRTEL’s prepaid

Services. The term “CLIENT” shall include the said subscriber’s personal

representatives/successors in title and assigns as well as persons who AIRTEL believes to be

acting under the CLIENT’s authority as agents, servants or employees of the CLIENT. The

term “Account Holder” will have a corresponding meaning.

1.8 CONNECTION: Means the process through which a CLIENT is given access to the AIRTEL

prepaid services through AIRTEL’s network. The terms “Connected’’, "Disconnected’’ and

“Reconnection” will have corresponding meanings.

1.9 CONTENT: Means audio text visual or other information software and materials availed by

means of the network including all information supplied by content providers from time to

time.

1.10 CONTRACT: Means the terms and conditions contained herein.

1.11 COVERED AREA: Means the Geographical area covered by the network and within which

the CLIENT can access the service or network as advised by AIRTEL on the coverage maps

issued from time to time.

1.12 MOBILE PHONE: Means a cellular telephone with original battery and mains charger.

1.13 NETWORK: Means AIRTEL equipment software and facilities that enable the CLIENT

using a mobile phone compatible with a GSM 1800 standard {provided that it is not SIM

locked by another operator}to have access to the Services.

1.14 PIN: Means a Personal Identification Number allotted to every SIM card to control access to

the network and the term “PIN Code” shall have a corresponding meaning.

1.15 POINT OF SALE: Means any shop or place where the CLIENT can make an offer for any of

the Services.

1.16 PREPAID: Means the telephony services facility availed by AIRTEL to a CLIENT subject to

the terms of this Contract the CLIENT pays for use of the network and the service in advance

by way of airtime recharges.

1.17 PREPAID SERVICES: Means prepaid mobile phone services availed by AIRTEL subject to

these Terms and Conditions (as modified from time to time) which Services enable the

CLIENT to make or receive calls and/or send and receive data, access information, send and

receive money, make payments and access other facilities on Airtel Money supplied by

AIRTEL or any other content providers by means of the network and the term “Service”

includes all such value added services, package deals and other optional services as may be

availed by AIRTEL.

1.18 PRICE PLAN: Means the terms and conditions and charges applicable the CLIENT will

choose to access the Services. The Price Plan shall be updated from time to time.

1.19 RIGHTS: Means copyright trademark and other relevant proprietary and intellectual property

rights relating to the content or contained in any software that is required and / or utilized by

AIRTEL to operate the network and to provide the Services.

1.20 SERVICE: means Prepaid Services.

1.21 SIM CARD: Means the Subscriber Identity Module provided to the CLIENT by AIRTEL to

enable the CLIENT to access and to use the network and related Services.

2. Commencement and Terms of the Contract

2.1 This CONTRACT will commence when the CLIENT first credits their Account with

AIRTEL airtime recharge or uses their SIM Card to access the AIRTEL network.

2.2 AIRTEL will at all times own the SIM Cards and the CLIENT will only use the SIM Card to

access the Prepaid Services.

3. Provision and Use of the Services

3.1 AIRTEL hereby reserves the right to vary the terms and conditions of this Contract at any

time.

3.2 Subject to the provisions of this Contract AIRTEL will provide the CLIENT with a SIM Card

and take all reasonable steps to make the Prepaid Services available to the CLIENT.

3.3 Mobile phone numbers shall be allocated by AIRTEL subject to availability and in

accordance with existing guidelines and regulations of the Communications Authority (or

any other relevant regulatory authority). AIRTEL reserves the right to offer, withdraw and

change such mobile phone number(s) as may be allocated upon giving adequate notice to the

CLIENT.

3.4 The Service is not fault free and the quality and availability of the Service may be affected by

factors outside the control of AIRTEL including but not limited to local geographic and

physical obstruction atmospheric conditions and other causes of radio interference as well as

faults in other telecommunication networks to which the network is connected or dependent.

The network and the Service may also from time to time require upgrading, modification,

maintenance or other works that may also result in the Service or any part thereof becoming

temporarily unavailable.

3.5 On activation, the CLIENT will be entitled to the quality of service generally provided by a

competent mobile telecommunications service provider exercising reasonable skill and care.

3.6 AIRTEL may suspend services or any part thereof without giving the CLIENT notice if

AIRTEL has good reason to believe that the CLIENT has not complied with one or more of

the terms of this Contract.

3.7 AIRTEL will exercise all reasonable endeavors to maintain the content but the content may

be complete out of date or inaccurate and it is provided on an “as is” basis and the CLIENT

hereby acknowledges that AIRTEL will not be liable for any action the CLIENT takes in

reliance on the content.

3.8 AIRTEL may vary the content or the technical specification of the Service from time to time

and will advise the CLIENT accordingly without creating an obligation to do so.

3.9 The CLIENT is solely responsible for evaluating the accuracy and completeness of the

content and the value and integrity thereof and accordingly AIRTEL will not be a party to or

in any way responsible for any transaction concerning the content or defects therein.

3.10 The coverage maps issued by AIRTEL are estimated but not guaranteed of the availability of

the Service or coverage by the network which may vary from place to place.

3.11 AIRTEL hereby reserves the right at any time during the term of this CONTRACT to transfer

the benefit of this Contract or the CLIENT’s account(s) to any other provider of similar

services.

3.12 The rights relating to the software in the SIM Card are the property of AIRTEL. The SIM

Card is supplied to the CLIENT under license by AIRTEL for the proper use with the

services only. The CLIENT may not copy, change or re-engineer the software in any manner

whatsoever. AIRTEL reserves the right at any time to substitute or replace the SIM Card at

no cost to the CLIENT.

3.13 In the event of the loss of the SIM Card, AIRTEL shall at the CLIENT’s request and after

verifying the CLIENT’s identity replace the SIM Card provided that AIRTEL may require

the CLIENT to pay such fee as it may determine the loss or stolen SIM Card is replaced.

3.14 The SIM Card shall be automatically deactivated if the wrong PIN Code is entered three

consecutive times. If the CLIENT is for any reason unable to access the AIRTEL Network

because the SIM Card has been deactivated for this reason, AIRTEL may at the request of the

CLIENT and after carrying out such investigations as it deems fit reactivate the SIM Card.

The SIM Card can be reactivated by calling the AIRTEL call center and AIRTEL shall be

entitled to charge the CLIENT such fees as it shall deem fair for reactivating the SIM Card.

3.15 AIRTEL shall not be liable to the CLIENT or any parties dealing with the CLIENT for any

indirect or consequential loss or damage to them including without limitation any loss or

damage arising from business interruption arising from the use of the Service, the network or

howsoever caused.

3.16 Any intellectual property rights shall remain the property of the respective content providers,

software, suppliers or AIRTEL as the case may be.

3.17 The CLIENT may in the event of any complaint or dispute with AIRTEL with regard to the

Service or network contact the customer care department of AIRTEL the telephone number

which shall from time to time be provided.

3.18 In the event that the Prepaid Services are used in conjunction with other services provided by

AIRTEL or a third party service provider, the subscriber accepts and shall be liable to comply

with the applicable terms and conditions for such other services.

4. The CLIENT’s Obligations

4.1 The CLIENT agrees and covenants:

4.1.1 Not to assign or transfer the benefit of this CONTRACT to any person without the prior

written consent of AIRTEL.

4.1.2 That the CLIENT acknowledges that SIM card and the rights therein shall at all times remain

the inalienable and non-transferable property of AIRTEL.

4.1.3 That the CLIENT shall at all times be responsible and accountable to AIRTEL for the correct

use preservation and correct use of the SIM card and the PIN code.

4.1.4 That the CLIENT shall at all times remain responsible for confidentiality of any information

or data received or transmitted by the CLIENT using the network and the CLIENT agrees to

notify AIRTEL immediately of any or any suspected unauthorized use of the SIM card or the

Services. The CLIENT acknowledges that AIRTEL shall not be liable for any loss that the

CLIENT may incur as a result of the unauthorized use of the Service or SIM card without the

CLIENT’s knowledge.

4.1.5 That in the event of loss or theft of the SIM card whether or not the SIM card was inserted in

a handset at the time of such loss or theft the CLIENT shall notify AIRTEL using the

designated telephone number requesting that the subscription be suspended and

shall immediately thereafter confirm the report of loss or theft in writing to

AIRTEL accompanied by an original police abstract to verify the loss or theft.

4.1.6 The CLIENT shall in the event of loss of the SIM card as aforesaid remain responsible

and accountable to AIRTEL for use of the SIM card upto the period that the CLIENT’s

account remains suspended.

4.1.7 The CLIENT shall in the event of any fraudulent claim indemnify AIRTEL in full for all the

charges that AIRTEL may incur or suffer by reason of re-activating the SIM card arising as a

result of any fraudulent claim.

4.1.8 The CLIENT warrants and undertakes to comply with all its obligations under all known laws

and regulations in particular and not limited to The Kenya Information and Communications

Act and all its subsidiary legislations.

4.1.9 The CLIENT further warrants and confirms that information and particulars of the CLIENT

given are true and the CLIENT shall notify AIRTEL immediately in writing of any change

therein and the CLIENT also undertakes that during the continuation of this CONTRACT the

CLIENT shall provide AIRTEL with information or documents required by AIRTEL from

time to time.

4.1.10 The CLIENT confirms that the CLIENT's liability under the CONTRACT shall be joint and

several in cases where the CLIENT is more than one person.

4.1.11 The CLIENT also confirms that they shall not use the services for any criminal or immoral

purposes and shall be solely responsible for any consequences arising from such criminal or

immoral use of the services or the network.

5. AIRTEL’s Obligations

5.1 AIRTEL undertakes subject to the CONTRACT to provide the Prepaid Service to the

CLIENT.

6. Charges & Price Plan

6.1 The CLIENT shall pay for the Services by topping up their SIM Card with mobile airtime

recharges.

6.2 AIRTEL shall notify the CLIENT of the existing Price Plans and any variations thereof by

way of general advertisement or at any Points of Sale and on their website.

6.3 AIRTEL reserves the right to vary any of the charges at any time during the tenure of this

CONTRACT.

6.4 Value Added Tax and any other tax or statutory charge shall be chargeable to the CLIENT

where applicable.

7. Suspension

7.1 AIRTEL shall be entitled to suspend the Service or any part thereof of the CLIENT’s

Account on giving notice in the following cases:

7.1.1 If the CLIENT’s mobile phone number is found to be emitting signals that interfere with the

quality of the service or the network.

7.1.2 If the CLIENT uses the SIM card for fraudulent or illegal means.

7.1.3 If any information provided by the CLIENT is found by AIRTEL to be false or misleading.

7.1.4 If the CLIENT for any reason whatsoever fails or refuses to supply AIRTEL with any

information or document required by AIRTEL for the purpose of this CONTRACT whether

before or after activation.

7.1.5 If the CLIENT informs AIRTEL that their Mobile Telephone has been lost or stolen.

8. Termination

8.1 Without prejudice to the rights of the parties herein this CONTRACT shall terminate

automatically if for any reason the Communications Authority (or any other regulatory body)

revokes or cancels AIRTEL’s licence to operate the network.

8.2 In the event that the CLIENT submits a request to port his/her/its mobile phone number to

another operator, such relocation shall be subject to the terms and conditions of such other

operator and the prevailing regulations and guidelines of the Communications Authority (or

other relevant regulatory authority). This Agreement shall stand terminated upon acceptance

by AIRTEL of a CLIENT’s request for such relocation and the CLIENT may, at AIRTEL’S

discretion, stand to forfeit such rights as may have accrued to the CLIENT pursuant to this

Agreement. For the avoidance of doubt, upon successful porting, the CLIENT shall

immediately forfeit any credit balance of airtime and e-value (Airtel Money) in full and shall

no longer be entitled to access any of AIRTEL’s services via the ported mobile phone

number, including without limitation mobile telephony and e-commerce services.

8.3 AIRTEL shall be entitled to terminate this CONTRACT and to disconnect the Service or any

part thereof without notice to the CLIENT on the occurrence of the following situations:-

8.3.1 If the CLIENT is in breach of the CONTRACT;

8.3.2 If AIRTEL receives written notice of the CLIENT’s Death:

8.3.3 If the CLIENT is the subject of a bankruptcy order or becomes insolvent or makes any

arrangement with or for the benefit or creditors or goes into either voluntary or compulsory

liquidation or a receiver is appointed over its assets or if any judgment is made against the

CLIENT and remains unsatisfied for a period exceeding Thirty (30) days.

8.3.4 If AIRTEL has reasonable cause to believe that the Service or the Network is being used in a

way forbidden by the provision of this CONTRACT or unacceptable to AIRTEL or the

Communications Authority or any other regulatory body even if the CLIENT does not know

that the Service is being used in such a way.

8.3.5 If AIRTEL has reasonable cause to believe that the CLIENT is using the Service or Network

for purposes or in a manner contrary to any provision of this Contract, the Laws of Lenya

and/or for the purpose of undertaking annoying or offensive communication.

8.3.6 If the CLIENT does not use the Service for 90 days by either topping up their account or

making chargeable calls within the said 90 days.

9. Force Majeure

9.1 AIRTEL shall not be liable to the CLIENT in the event of any disruption of the Service or the

Network or any part thereof resulting for Force Majeure and AIRTEL may suspend the

Service or part thereof in such event.

9.2 Force Majeure for purposes of this Contract means any situation or event that makes it

impossible for AIRTEL to perform its obligations and includes but is not limited to any act of

God such as lightning floods inundation earthquakes or prohibitive decisions made by the

government or local authorities or civil conflicts and industrial strikes as well as any global or

partial dysfunction of the network caused by a disrupted or suspension of the

telecommunication facilities of AIRTEL or approved or authorized third parties on whom

AIRTEL is dependent for provision of the Services.

10. Indemnity and Limitation of Liability

10.1 The CLIENT hereby indemnifies and holds AIRTEL, its affiliates and employees harmless

from and against any costs or damages that may be incurred by AIRTEL as a result of claims

for breach by the CLIENT of any of its obligations in terms of this Contract and such

indemnity shall extend to all reasonable costs that may be incurred by AIRTEL in defending

any action instituted against it.

10.2 Neither Party shall be liable to the other party under this Contract for any indirect or

consequential loss suffered whether caused by negligence, breach of CONTRACT,

misrepresentation or however arising including without limitation loss of profit, goodwill,

and business opportunity or anticipated savings.

10.3 The Parties agree that any liability to the other Party for losses hereunder shall be limited to

direct damages. The Parties' maximum liability for any one event, or series of connected

events, giving rise to losses shall be limited in relation to direct damages to the total value of

the payments made by the CLIENT to AIRTEL under this Contract in the Six (6) month

period immediately preceding the event, or series of connected events, giving rise to the

losses.

11. Modification

11.1 The CLIENT may modify the Services within the limits set by AIRTEL: -

11.1.1 By applying for an alternative service offered by AIRTEL by dialing and confirming any

provided short codes for the alternative ; or

11.1.2 By requesting for additional value added services.

11.2 The CLIENT shall pay to AIRTEL all the charges raised by AIRTEL arising from such

modification. The CLIENT shall also be responsible for any modification made as a result of

fraudulent request by a person other than the CLIENT acting on the CLIENT’s authority and

the CLIENT hereby agrees to hold AIRTEL blameless and indemnified in full for any costs

charges loss or expense that AIRTEL may suffer or incur as a result of such fraud.

11.3 If the CLIENT wishes to transfer an account(s) to a third party for the purpose of access to

AIRTEL services or network the CLIENT shall be obliged prior to such transfer being

effected pay to AIRTEL: -

11.3.1 All outstanding charges; and

11.3.2 Any administration charges that may be communicated in relation to the transfer of

account(s).

11.4 Any transfer by CLIENT or the account(s) to a third party shall be subject to acceptance of

the third party by AIRTEL as a CLIENT.

12. Governing Law and Severability

12.1 This Contract shall be governed in all respects in accordance with the Laws of Kenya and a

Court of competent jurisdiction in Kenya shall determine every claim or dispute arising out of

or in connection with this CONTRACT.

12.2 If any part of this Contract shall be found by court of competent jurisdiction in Kenya shall

determine every claim or dispute arising out of or in connection with this CONTRACT.

12.3 If any part of this Contract shall be found by a Court of competent jurisdiction not to be

enforceable then this Contract shall be construed as if the unenforceable part did not form

part of the Contract.

13. Dispute Resolution

13.1 The Parties shall use their best endeavors to ensure that all disputes between them are

amicably resolved in the spirit of mutual cooperation.

13.2 Any dispute arising between the Parties in connection with this Agreement and not resolved

amicably may if so agreed between the Parties be referred to any Court of competent

jurisdiction. The Courts of Kenya shall have the jurisdiction to hear and finally determine the

matter.

14. Credit Referencing and Use of Information.

14.1 AIRTEL reserves the right to obtain without notice to the CLIENT information regarding the

creditworthiness of the CLIENT from any credit reference organization.

14.2 AIRTEL reserves the right to exchange with any other person or to disclose to any credit

reference organization information regarding the CLIENT’S compliance or non-compliance

with the terms of the CONTRACT.

14.3 AIRTEL reserves the right to use the information as it is provided by the CLIENT, unless by

express written instructions to the contrary, in a telephone Directory Enquiries service in

printed or electronic format and in particular in connections with any legal, governmental or

regulatory requirements imposed on AIRTEL.

14.4 AIRTEL also reserves the right to monitor the CLIENT’s use of the services for AIRTEL’s

business purposes such as quality control, training and preventing unauthorized use of

AIRTEL’s telecommunications operation. Such information may also be released to the

Criminal Investigation Department, Kenya Police Department or any other body duly

constituted by law, in pursuance of an official request as regards investigation into a crime or

a matter of national security.

14.5 The CLIENT may on giving adequate prior written notice and paying the requisite fee to

AIRTEL inspect his/her/its own account details.

15. Subscriber Registration

15.1 The CLIENT shall be liable to ensure that the SIM Card is registered and used in accordance

with the regulations issued from time to time by the Communications Authority (or other

relevant government authority).

16. Number Portability

16.1 Should the CLIENT wish to port out of the AIRTEL Network, they must contact the operator

to whose network they wish to port-out to and will be responsible for complying with the

porting requirements of that operator. Porting will be treated as termination of this Agreement

and AIRTEL will not be liable to refund the CLIENT the value of any un-used minutes,

SMS, data or any other service under any Bundle and the CLIENT will lose any loyalty

points/reward accrued prior to the port-out.

16.2 Requests to port-out of the Airtel Network may be declined by AIRTEL in the event that the

CLIENT’s details do not match those in the AIRTEL system or otherwise fail to comply with

the requirements determined by AIRTEL and the Communications Authority from time to

time.