STERKE DIGITAL TERMS AND CONDITIONS

DISCLAIMER

These are the Terms and Conditions by which Sterke Digital offers its Sterke Digital services and products to the customer. By subscribing to our Sterke Digital services and products (hereinafter referred to as the “Services”), the Customer agrees to be bound by the following Terms and Conditions of Service. The Customer understands, agrees, and acknowledges that these Terms and Conditions constitute a legally binding agreement between the Customer and Sterke Digital and that the Customer’s subscription and use of Sterke Digital’s services expressly indicate that the Customer has read, understood and accepted these terms and conditions.

The Customer understands that the Services being offered are purely on a pre-paid basis.

TERMS AND CONDITIONS OF THE PROVISION OF THE SERVICES

DEFINITIONS AND INTERPRETATION
1. These Terms and Conditions shall govern the provision of Sterke Digital Home (Over The Top, Internet) Services upon acceptance of all the terms and conditions provided herein.
2. In this agreement:
  1. “Agreement” or “Terms and Conditions” means these Terms and Conditions and includes this Application Form and the Tariff Guide, which may be varied by Sterke Digital from time to time;
  2. “Application Form” means the Customer’s request for the Services as set out in the website;
  3. “Charges” means the amounts payable for the Services as published in the Tariff Guide from time to time including any applicable deposits;
  4. “Connection” means the activation of the Services following successful installation of the Network infrastructure and relevant Sterke Digital’s Equipment depending on the type of service customer purchased as set out in Sterke Digital website, belonging to Sterke Digital at the address of the Customer’s premises provided in the Application Form and the integration with the Customer’s Equipment. The term “Connected” shall have similar meaning;
  5. “Connection Charge” means a charge for connection to the Sterke Digital network;
  6. “Content” means video, voice, sound, information, communication, data or any other material transmitted or communicated through the Services;
  7. “Customer” means you as the subscriber applying for, or using the Services and with whom Sterke Digital is making this contract and includes any person who Sterke Digital believes is acting with the Customer’s authority;
  8. “Customer Equipment” means the compatible systems and infrastructure necessary for the Customer to access the Services, including but not limited to television sets, computers, tablets and smartphones;
  9. “Customer Premises Equipment” or “CPE” means the compatible systems and infrastructure (including, but not limited to Television Set-Top-Box (also referred to as STB, or decoder), Internet Cable Modem and where applicable, all cabling and embedded software) supplied by Sterke Digital and that is necessary for the Customer to access the Services through the Network;
  10. “Customer Site” means the residential or office address place at the designated Customer’s address provided in theApplication Form where Sterke Digital Equipment and Services will be installed;
  11. “Dedicated Connection” means an internet connection that is solely devoted to one user;
  12. “Downgrade” means the provision of Services of lower capacity by Sterke Digital to the Customer, for example, lesser Internet speeds than the Customer has subscribed to during the prevailing Term of this Agreement;
  13. “Electronic Bill” means Sterke Digital’s electronic billing facilities providing the Customer with access to billing data, current or historical, either via email or online through a prescribed Sterke Digital’s website;
  14. “Fair Use Policy” means the Fair Usage Policy established by Sterke Digital to monitor and control its Network resources to give all users fair access to those resources. As is the case with all broadband Internet services, the users of Sterke Digital’s Network share the available system capacity that connects them to the Internet and the Fair Use Policy ensures that this capacity is not used disproportionately by some and others are penalised on the account of the disproportionately heavy users;
  15. “Material Breach” means a breach of a Term of this Agreement which cannot be remedied;
  16. “Monthly Recurring Charge” means the charges set out in the Sterke Digital’s Tariff Guide for the provision of the Services;
  17. “Network” means the fibre-optic or Wireless network operated by Sterke Digital, its subsidiary(ies), holding company and/or its third party providers to facilitate the provision of the Services;
  18. “Offending Material” means any Content that is:
    In breach of any law, regulation or code of practice invoked by Sterke Digital or the industry regulator or any policy adopted by Sterke Digital and communicated to the Customer with regard to the acceptable use of the Services; or abusive, indecent, defamatory, obscene, offensive, menacing or a threat to the health and safety of any third party; or
    
    In breach of confidence, intellectual property rights, privacy or any right of a third party;
  19. “Party” means either the Customer or Sterke Digital and “Parties” mean both Sterke Digital and the Customer;
  20. “Services” means the Specified Service described in the customer’s online portal to the End User pursuant to this Agreement, whose services are more particularly set out in the Application Form and are/or may be provided under the Sterke Digital brand name or any other brand name as may be adopted by Sterke Digital from time to time;
  21. “Service Level Agreement” means the document published by Sterke Digital from time to time and that is deemed to have been incorporated in these Terms and Conditions setting out the uptime, maintenance and incident management services to be provided by Sterke Digital to the Customer following the Connection of the Services;
  22. “Set-up Fee” means the fee to be paid by the Customer for connection of the Customer’s Equipment to Sterke Digital’s Equipment and thereafter, the Network in order for the Customer to access the Services;
  23. “Shared Connection” means an internet connection that may be shared by several users simultaneously and whose bandwidth is split among both users and devices during usage;
  24. “Standard Tests” means the tests carried out by Sterke Digital or its appointed sub-contractors to determine whether the Services are Connected;
  25. “Tariff Guide” means the list of charges for the Services as published and varied by Sterke Digital from time to time;
  26. “Upgrade” means the provision of Services of higher capability by Sterke Digital to the Customer, for example, higher Internet speeds than the Customer has subscribed to during the prevailing Term of this Agreement.
  27. “Sterke Digital” means Sterke Digital (Kenya) Limited of Post Office Box Number 62499-00200, Nairobi, Kenya with offices at Sameer Business Park, Block A, Mombasa Road, Nairobi;
  28. “Sterke Digital Equipment” means equipment (including any software) installed at the Customer’s Site by Sterke Digital for the provision of the Services;
  29. In this Agreement, unless the context otherwise requires, any reference to:
    the singular includes the plural and vice-versa;
    
    a person includes reference to a body corporate or other legal entity;
    
    any written law includes that law as amended or re-enacted from time to time;
    
    any agreement or other document includes that agreement or other document as varied or replaced by the Parties in writing from time to time;
    
    words importing one gender shall be construed as importing the other gender; and
    
    any Party includes that Party’s successors and assigns.
  30. Clause headings are inserted for convenience only and shall be ignored in construing this Agreement.
TERM & TERMINATION
1. The Service will continue until terminated in accordance with this clause 2 of the Agreement.
2. When the Customer subscribes to the Service for a fixed term, the subscription will automatically be renewed at the expiry of the term, monthly, unless the Customer terminates in accordance with the provisions of this Agreement.
3. The Customer may terminate this Agreement at any time by a thirty (30) days’ written notice to Sterke Digital.
4. The Customer agrees that if the Customer has paid subscription to the Service in advance and the Service is subsequently terminated prior to the expiry of the subscription period paid for, then:
  1. for monthly subscriptions, the Customer will not be entitled to a refund of or credit for any amount paid for the unused portion of the subscription period;
  2. for multi-month subscriptions, Sterke Digital may, depending on the circumstances of the termination of the Service, refund or credit for any amount paid for the unused portion of the subscription period.
  3. for installation service, the Customer will not be entitled to a refund of or credit for any amount paid for installation service.
5. Sterke Digital will terminate this Agreement and deactivate the Service at any time without providing notice to the Customer if:
  1. The Customer fails to make payment when it is due; and it remains unpaid for a period of ninety (90) days;
  2. Sterke Digital receives confirmation that the Customer has received the Service, or any part of the Service without paying for it; or
  3. The Customer otherwise breaches or causes breach of this Agreement.
6. If the Service is terminated for any reason, the Customer remains responsible for payment of all outstanding amounts that may have accrued on the Customer’s account.
7. If the Service is terminated for any reason or it remains unpaid for a period of ninety (90) days, Sterke Digital shall recover all equipment belonging to it and the customer will facilitate this process to its conclusion
APPLICATION OF TERMS AND ORDER FOR NEW SERVICES
1. Application of Terms
  1. By submitting a completed Online Application Form to Sterke Digital the Customer confirms that they have read, understood and accepted all the Terms and Conditions of this Agreement.
  2. No Terms or Conditions endorsed upon, delivered with or contained in the Customer’s quotation, acknowledgement, purchase order or other Customer documents will form a part of this Agreement and the Customer waives any right which it otherwise might have to rely on such terms and conditions.
  3. The Customer acknowledges that it may use the Services in conjunction with other Sterke Digital current or new products and services and accepts it will comply with the Terms and Conditions of such other Sterke Digital products and services while utilising the same in addition to the Terms and Conditions set out in this Agreement.
2. Orders for New Services
  1. The initial Services to be provided by Sterke Digital to the Customer are as set out in the Application Form.
  2. The Customer shall provide Sterke Digital with a copy of a valid national identity card or passport and full address of the Customer Site where the Services are to be provided.
  3. In the event that Sterke Digital offers new services and the Customer requires to utilise such new Services then:
    a) The Customer may place orders with Sterke Digital for such new Services as and when required by submitting a written request to Sterke Digital or completing such electronic order form via the Network as may be made available by Sterke Digital at that time or through Sterke Digital’s website.
    
    b) If Sterke Digital elects to accept such an order it shall do so by notice in writing or by allowing access of the requested Services upon payment of the required Charges.
3. All orders for the new Services placed by the Customer and accepted by Sterke Digital shall be governed by the terms of this Agreement.
SUPPLY OF THE SERVICES
1. The Customer shall, at its own expense and to facilitate the installation and use of the Customer Premises Equipment:
  1. obtain all necessary consents, way leaves, rights of way, including consents for any necessary alterations to buildings where the Customer Site is located;
  2. provide a suitable environment, accommodation and foundations, including all necessary trunking, conduits and cable trays in accordance with the relevant installation standards;
  3. take up or remove any fitted or fixed floor coverings, ceiling tiles, suspended ceiling and partition covers as Sterke Digital advises are necessary, and carry out afterwards any making good or decorator's work required;
  4. provide any electricity and connection points required by Sterke Digital; and
  5. carry out all other preliminary works including having in place such Customer Equipment, of such specifications as are communicated to the Customer by Sterke Digital as required to be in place prior to any installation of the Customer Premises Equipment and Connection to the Network.
  6. Sterke Digital may provide assistance to the Customer to facilitate the connection according to its prevailing policies and the Customer shall be deemed to have consented to accept any such assistance upon giving Sterke Digital access to the Customer Site. Sterke Digital shall provide such assistance in a professional and workmanlike manner, however, at no time shall Sterke Digital be liable to the Customer for damages, costs or expenses or losses howsoever they may occur in the process of providing such assistance.
  7. Provide power surge protection systems to all the CPE provided
2. To enable Sterke Digital to carry out its obligations under this Agreement or to recover any of its Customer Premises Equipment from the Customer Site, the Customer shall provide Sterke Digital employees and anyone acting on Sterke Digital's behalf, who produces a valid Sterke Digital identity card access to any Customer Site. Sterke Digital will normally only require access with agreement of the Customer’s or at the Customer’s request but may from time request the Customer to provide access at other times if Sterke Digital reasonably believes that the Customer’s installation is interfering with the Network as a whole of parts of the Network, or in order to recover Sterke Digital Equipment subject to the terms of this Agreement.
3. Sterke Digital employees and anyone acting on Sterke Digital's behalf will observe the Customer’s reasonable site access regulations as advised by the Customers during the site visit.
4. Sterke Digital shall use reasonable endeavours to meet any agreed delivery dates for the supply of the Customer Premises Equipment and related accessories to the Customer. Time will however not be of the essence with regard to such supply and Sterke Digital will not be liable for any costs and expenses incurred by the Customer as a consequence of such delay.
5. Sterke Digital may without the consent of the Customer employ the services of a sub-contractor to install the Customer Premises Equipment and undertake any works thereto.
6. The Customer acknowledges that the Internet service component of the Services is a shared connection and that the Internet bandwidth speeds quoted on the Tariff Guide are the local speeds provided by Sterke Digital between the Customer’s Site and Sterke Digital’s Data Centre in Nairobi and that the international bandwidth component of the Internet service is contended by all users (in a certain direct proposition to the local speed of the Service that the Customer has applied for), and that it is not economically viable under the terms of this Agreement that the local uncontended Internet bandwidth speeds are equal to, or same as, the international shared and contended bandwidth and that any representation by anyone, including Sterke Digital’s agents, to the contrary is notvalid and that nothing in this Agreement purports that the local bandwidth speeds quoted are equal to, or the same as, the speeds provided internationally. Because of being a shared resource, the internet speeds subscribed to by a Customer may reduce if more than one user is on a similar connection.
7. The Customer acknowledges and agrees that the Internet service component of the Services shall be subject to a Fair Use Policy as more particularly described in a schedule of the Application Form and deemed accepted by the Customer upon application for the Services, and as may be modified from time to time by Sterke Digital and communicated to the Customer at the email address specified in the Application Form, or at such other email address as may be notified to Sterke Digital in writing from time to time or as may be published and updated by Sterke Digital on its website from time to time.
EQUIPMENT & CARE
1. Sterke Digital provides the Customer with Customer Premise Equipment to assure compatibility of its Network and Services and Customer and must not in any way interfere, alter or modify the Customer Premises Equipment or any embedded software supplied as part of the Customer Premises Equipment nor allow anyone (other than an authorised Sterke Digital representative) to do so.
2. Sterke Digital may provide the Customers with Customer Premise Equipment of varying capability based on the initial Services selected by the Customer in the Application Form.
3. The Customer acknowledges and agrees that the Customer Premise Equipment shall at all times belong to, and remain the property of, Sterke Digital throughout the duration of this Agreement and that upon termination of this agreement Sterke Digital shall recover from the Customer’s premises all of the said Customer Premises Equipment.
4. The Customer agrees to be fully responsible for good care of the Customer Premise Equipment during the term of this Agreement and to immediately notify and cooperate for the uninstallation and recovery of the equipment by an authorised Sterke Digital agent upon the termination of this Agreement as provided herein, including allowing Sterke Digital access, without delay, to the Customer Site to uninstall and recover the equipment.
5. The Customer is responsible for the care and safety of the Customer Premises Equipment and must not add to, modify, reverse engineer, decompile or in any way interfere with the Customer Premises Equipment or any embedded software supplied as part of the Customer Premises Equipment nor allow anyone (other than an authorised Sterke Digital representative) to do so.
6. Any Customer Equipment connected to the Customer Premises Equipment or otherwise used to access the Services must be technically compatible with the Customer Premises Equipment and the Services and shall be connected and used in accordance with such reasonable instructions, safety and security procedures as may be advised by Sterke Digital at the time of installation.
7. Save where title to the Customer Premises Equipment has passed to the Customer following the payment to Sterke Digital by the Customer of any monies payable for the purchase of the Customer Premises Equipment, the Customer shall be liable to Sterke Digital for any loss of or damage to the Customer Premises Equipment, except where such loss or damage is due to fair wear and tear or is caused by Sterke Digital, or anyone acting on Sterke Digital’s instructions.
8. The Customer recognises that no right, title or interest in the software contained in the Customer Premises Equipment vests in the Customer. Sterke Digital accepts no liability for any loss suffered by the Customer or any third party as a result of the Customer’s misuse of the Customer Premises Equipment or for any accidental damage. For the avoidance of doubt the provisions of clause 5.9 will apply to the sale and supply of Customer Premises Equipment by Sterke DigitalSterke Digital other than the fact that Sterke Digital’s total liability in respect of any Customer Premises Equipment shall be limited to the value of the Customer Premises Equipment.
9. The Customer shall immediately notify Sterke Digital of any fault, damage, loss, or theft of any Customer Premise Equipment and shall be responsible for its replacement costs at the prevailing retail costs of the equipment. Such replaced Customer Premise equipment shall remain the property of Sterke Digital.
10. Without prejudice, Sterke Digital shall only be responsible for the replacement of the Equipment in the case of manufacturer’s defects covered by Warranty. Sterke Digital shall use reasonable endeavours to extend to the Customer the benefit of any warranty as may be provided to Sterke Digital (subject to any limitations and restrictions thereon) by the manufacturers of such Equipment, provided that any expense reasonably incurred by Sterke Digital in extending such benefit shall be levied to the Customer’s account and payable by the Customer.
11. Save for the above, all conditions or warranties in relation to any Sterke Digital Equipment including the Customer Premise Equipment are excluded to the fullest extent provided by law including but not limited to any warranties and conditions expressed or implied by statute. Any warranty in relation to the Customer Premise Equipment will be deemed null and void should any damage or failure be as a result of failure to protect the Equipment by use of appropriate uninterruptible power supply or power surge systems, or as a result of any misuse of or tampering or interference with any Sterke Digital Equipment by the Customer.
12. The Customer shall give possession to Sterke Digital or its authorised agents any Sterke Digital Equipment that the Customer believes to be damaged, faulty or defective, together with all Equipment documentation that was supplied by Sterke Digital by the Customer, within ten (10) business days of finding the fault or defect. For the purpose of this clause, business day means Mondays to Fridays between the hours of 0800 and 1700, excluding public holidays. Sterke Digital shall then expeditiously provide the Customer with the available options to restore the Services, including replacing the defective equipment at the Customer’s cost.
13. If the Services are terminated for whatever reason, the Customer shall immediately notify Sterke Digital and initiate without access to Customer Site for Sterke Digital Sterke Digital's authorised agents for the purpose of uninstalling and recovery of the Customer Premise Equipment and any other Sterke Digital Equipment.
14. The Customer shall have possession of the Router and hence the warranty Terms and conditions will be as per the manufacturers.’
USE OF THE SERVICES
1. The Services are intended for private, personal or family residential use and enjoyment and for Small and Medium Enterprises businesses. The performance of Internet component of the Services depends on personal Internet usage behavior as defined in the Fair Usage Policy appended to this agreement and Customer may experience degraded performance depending on his usage. Sterke Digital advises the Customer, when applying for the Services or during any Term of the agreement, to consult the Tariff Guide and with Sterke Digital’s sales representatives for:
  1. advice on the best possible service package for the number of concurrent users that the Customer expects to use the Services;
  2. advice on the service options for mission critical data business, commercial and public uses under a totally separate agreement and terms and conditions not covered by this Agreement.
2. Access passwords: The Customer shall be granted access to the Services by Sterke Digital through the use of certain passwords. The Customers shall exercise all due care and diligence in order to ensure the secrecy and confidentiality of the access passwords at all times. The Customer shall not disclose their access passwords to any third parties, or aid access to the Services to third parties outside the Customer Site and Customer’s control, save with express written permission of Sterke Digital.
3. The Customer shall not utilise and shall ensure that no other person utilising the Customer’s access to the Services uses the Services:
  1. for resale or redistribution to any other person or entity; or
  2. for storing, reproducing, transmitting, communicating or receiving any Offending Material; or
  3. for fraud or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or
  4. to cause annoyance, inconvenience or needless anxiety to any person; or
  5. contrary to any other instructions that may be communicated by Sterke Digital to the Customer from time to time.
UPGRADE AND DOWNGRADE OF THE SERVICES BY THE CUSTOMER
1. The Customer may make an application to Sterke Digital to Upgrade or Downgrade the Services as and when required by completing such Upgrade or Downgrade application form on the official Sterke Digital website.
2. The Customer agrees that a request for an upgrade or downgrade of service will be charged at the prevailing market rates and such payment will be made to Sterke Digital prior to the next billing date. The Upgrade or Downgrade of service will be affected at the next billing date.
3. Any applicable Deposits and/or Installation Charges shall be payable upon acceptance of the Customer’s application and prior to the Upgrade.
4. Sterke Digital shall effect the Upgrade on the Customer’s next monthly billing anniversary from the date of acceptance of the Customer’s application and payment of the applicable upgrade Charges and any outstanding amounts due and payable to Sterke Digital by the Customer prior to the Upgrade.
SUSPENSION OR VARIATION OF THE SERVICES
1. Sterke Digital may in its sole discretion suspend or vary the Services without liability to compensate the Customer for any period during which:
  1. Sterke Digital is required or requested to comply with an order or instruction of or on recommendation from the Government, court, regulator or other competent authority;
  2. Sterke Digital reasonably suspects or believes that the Customer is in breach of the Terms and Conditions of this Agreement or any other Terms and Conditions referred to herein;
  3. such a suspension or variation is necessary to facilitate modifications to, or allow for planned maintenance of the Network provided that Customer is given reasonable notice of such suspension, termination or variation; and
  4. the Customer has not paid the Charges by the due date as provided in clause 9.
2. The Customer shall reimburse Sterke Digital for all reasonable costs and expenses incurred because of the suspension, termination or variation of the Services where the suspension, termination or variation is implemented by Sterke Digital as a result of any act or omission by the Customer.
3. The Customer will be liable for all periodic charges during any period of suspension where such suspension is occasioned by an act or omission of the Customer.
PAYMENT TERMS
1. Unless otherwise specified by Sterke Digital:
  1. Any applicable Deposits and/or Installation Charges shall be payable upon acceptance of the Customer’s application and prior to connection to the Network.
  2. Installation will only commence on full payment of the Bill
  3. Other Charges applicable to the Services shall be as set out or referred to in Sterke Digital’s Tariff.
2. Sterke Digital will, if the Customer so requests, issue and email an invoice to the Customer upon prepayment for the Services, at the email address specified in the Application Form, or at such other email address as may be notified to Sterke Digital in writing from time to time.
3. If prepayment has not been received by Sterke Digital by the due date of the Customer’s monthly billing anniversary then Sterke Digital shall suspend the Customer’s access to the Services until receipt of pre-payment in full.
4. If Sterke Digital does not receive from the Customer the payment for the Services that Sterke Digital is entitled to for the Initial term and any Additional Terms for a continuous period of 90 days, Sterke Digital shall: initiate the uninstallation and collection of the Customer Premise Equipment and the Customer, unless they make good the payment due if full, shall cooperate without delay with Sterke Digital in the recovery of the Customer Premise Equipment;
5. Without prejudice to any other right or remedy, Sterke Digital reserves the right to set off any amount owing at any time from the Customer to Sterke Digital against any deposits or prepayment held by Sterke Digital for the Customer under this Agreement.
EXCLUSION OF LIABILITY
1. The Customer agrees that the following exclusions of liability are reasonable. Sterke Digital, its officers, employees, sub-contractors agents and partners will not be liable to the Customer or any party for:
  1. any direct, indirect, anticipated savings, goodwill, consequential, incidental or special loss, corruption or loss of data, injury, loss of life, destruction of property or damage to Customer Site or adjacent property or other costs arising out of or in connection with this Agreement in contract or tort or otherwise for any loss including as a consequence of a failure or delay in availability of the Network notwithstanding Sterke Digital’s awareness of the possibility of the Customer incurring the same;
  2. any losses arising in connection with (i) Force Majeure events or other circumstances outside our control or outside our knowledge or that of any nominated sub-contractors (ii) subject to clause 4.1.6 above, any unforeseeable acts or omissions or negligent acts on the part of Sterke Digital’s service providers, suppliers, contractors, agents or employees;
  3. the loss, late receipt or non-readability of any download, transmission, or other communications or loss of data, data privacy or security transmission;
  4. for any damage to the Customer Equipment or loss of data following the use of the Services. The Customer acknowledges and accepts that Sterke Digital does not guarantee the security of the Services against unlawful access or use, the Customer shall therefore be required to take reasonable precautions while using the Services and the Customer shall in addition be required to adopt such appropriate security measures against unauthorised access to and interference with the Customer Equipment, associated software or equipment, hardware and data (including back up) as the Customer deem necessary; and
  5. any charges or losses incurred as a result of or unauthorised use of the Services including following a theft of the same.
2. Except as provided in this Agreement, Sterke Digital provides no warranties, conditions or guarantees as to the description or quality of the Services and all warranties, conditions or guaranties implied by or expressly incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded so far as is permitted by law.
3. Notwithstanding any other provisions of this Agreement, the Customer confirms and undertakes to indemnify and keep indemnified Sterke Digital on demand for and against all proceedings, costs (including reasonable legal fees), claims, damages, expenses and liabilities of whatsoever nature howsoever suffered or incurred by Sterke Digital arising out of or by reason of any act or omission on the part of the Customer, the Customer’s employees, representatives or agents in the performance of the Customer’s obligations under this Agreement including but not limited to any breach or non-compliance with any terms of this Agreement or negligence.
FAULT REPORTING AND REPAIR
1. If the Customer reports a fault in the Services, Sterke Digital will remedy the fault within the timelines defined upon reporting of the fault.
2. If work of any kind done by Sterke Digital in response to a complaint made by the Customer of a fault in the Service reveals, no such fault, or the fault is found not to be in the Service, or the fault is as a result of the Customer’s Equipment or otherwise caused by the Customer’s default or failure to comply with such operational instructions as have been issued by Sterke Digital, Sterke Digital shall be entitled to demand payment from the Customer for the work done by Sterke Digital or its authorised contractor and/or refund any money expended by Sterke Digital in this regard.
RECORD OF USAGE
Customer is entitled to information on their usage. To this end, Customer has access on the portal to details of their last 30 days’ usage of the service. Customer however acknowledges that billing and payment for the service is based on ordered capacity and not on usage.
EFFECT OF TERMINATION
1. Termination shall not affect any provision of this Agreement expressed to have effect after termination, or any other rights either Party may have against the other Party subsisting at the time of termination.
2. Sterke Digital shall use all reasonable endeavours to disconnect the Customer Premises Equipment from the Network and to uninstall and recover the Customer Premise Equipment for the Customer Site immediately upon notice to do so.
3. The Customer shall allow Sterke Digital or Sterke Digital’s authorised representatives to uninstall and recover its Customer Premise Equipment and any other Sterke Digital Equipment at the Customer Site without delay.
VARIATION OF THE AGREEMENT
Sterke Digital may change this Agreement at any time upon issuance of a thirty (30) days’ notice to the customer. In addition to Sterke Digital’s right to change this Agreement above, Sterke Digital may also change this Agreement at any time with the agreement of the Customer. Sterke Digital will give the Customer written notice of the changes and publish details of any change on the Sterke Digital Website at least 28 days before the change is to take effect. The Customer shall, within 28 days of the service of Sterke Digital’s notice (or such other period as may be set out in Sterke Digital’s notice) of the changes, communicate its acceptance or rejection of the proposed changes. Sterke Digital shall deem the Customer as having accepted the proposed changes if it does not receive the customer’s rejection within the provided 28 days.
NOTICES
1. The Customer must notify Sterke Digital of any change of address, user or contact detail immediately upon such change been effected. The Customer agrees that in the event the change includes a physical change of address the Customer will notify Sterke Digital to effect the removal of the Customer Premises Equipment and the installation of the same at the new address of the customer. For the avoidance of doubt the Customer will not uninstall or cause to be uninstalled the Customer Premises Equipment without the prior authorisation of Sterke Digital.
2. Any notices in regard to any information that Sterke Digital may wish to send to the Customer from time to time including but not limited to variations to these modifications/variations to the Services or Tariffs, any promotions and other information will be at the email address specified in the Application Form, or at such other email address as may be notified to Sterke Digital in writing from time to time, or on Sterke Digital’s website, or through advertisement in a daily newspaper. The Customer will be deemed to have been bound by such variation by continuing to use the Services.
GOVERNING LAW
The construction, validity and performance of this Agreement shall be governed in all respects by the Laws of Kenya.