Terms of Use

Zeplin Investments (Kenya) Ltd, trading as iNet Africa (the “Provider”), provides internet services, connectivity products, installation services, customer support, and related network services to residential and corporate clients on the Kenyan coast, including Malindi, Watamu, Mambrui, Mayungu, Gongoni, Kilifi, Mazeras, Rabai, Diani and Ukunda, and in such other areas as the Provider may serve from time to time. Availability at any particular premises is subject to a coverage check and, where required, a site survey by the Provider.

For the purposes of these Terms and Conditions:

Client means the person, business, organization, or entity applying for, receiving, or paying for services from the Provider.

Connection means service activation after installation, configuration, and/or provisioning of the Provider’s network infrastructure.

Service means internet connectivity and any related service or product supplied by the Provider.

Fair Use Policy means the Provider’s resource management and usage rules intended to ensure equitable network access and quality of service for all customers, as set out in Section 8.

Customer Premises Equipment (CPE) means routers, fibre ONT/ONU devices, receivers, cables, SM devices, PoE devices, and any other hardware supplied or installed at the Client’s premises to enable access to the Service.

Installation Fee means the charge paid for installation, setup, activation, configuration, or connection of the Service.

Monthly Subscription means the recurring charge payable by the Client for continued access to the Service.

Due Date means the date on which payment is required for continued access to the Service.

Wallet means the credit balance held on the Client’s account with the Provider.

3.1 Billing and PaymentsThe Monthly Subscription is billed monthly. The Provider shall send the Client a payment request before each Due Date, and the amount shown shall be paid in full by the Due Date. If payment is not received, the Service shall be subject to suspension at 5:00 PM on the Due Date. A tax invoice shall be issued once payment has been received.

The Provider accepts payment through M-Pesa, bank transfer, or any other payment method communicated by the Provider. The Client is responsible for ensuring that payment is made using the correct account, paybill, reference, or bill details supplied by the Provider.

Monthly subscriptions renew automatically unless terminated in accordance with these Terms.

3.1A Payment Extensions and Due Date ChangesThe Provider may, at its discretion and at the Client’s request, extend the Due Date by up to fourteen (14) days (an “Extension”). An Extension takes effect only after the Client has accepted its terms in writing, including by WhatsApp, SMS or email. If the Monthly Subscription is paid in full before 5:00 PM on the extension date, no further charge applies. Otherwise the Service shall be suspended and the Client shall pay both the Monthly Subscription and a charge for the days of the Extension, calculated at the daily rate of the Client’s plan. A Client who does not pay by the extension date may lose eligibility for future Extensions.

While the Service is connected, the Client may request a permanent change of Due Date. The days between the current and the new Due Date shall be charged at the daily rate of the Client’s plan on a separate bill.

3.2 Deposits and Installation ChargesDeposits and installation charges are payable upon acceptance before connection, unless otherwise agreed in writing by the Provider.

The deposit is equal to one Monthly Subscription of the Client’s plan unless otherwise stated on the quotation. Where the Client changes plan, the deposit shall be adjusted to the new plan: on an upgrade the Client shall pay the difference, and on a downgrade the excess shall be credited to the Client’s Wallet.

On termination, the deposit shall be applied toward any final bill or, at the Client’s written request, refunded to the M-Pesa number or bank account confirmed by the Client, provided that all outstanding balances have been settled and all company-owned equipment has been returned or recovered in good working condition, fair wear and tear excepted. A refund request must be made within six (6) months of termination.

The Installation Fee is not refundable once the Service has been connected. Where the Provider is unable to complete the installation, the Installation Fee shall be refunded in full.

3.3 Tax InvoicesThe Provider shall issue tax invoices upon receipt of payment where required or requested.

3.4 Non-PaymentIf payment is not received by the Due Date, the Provider is entitled to suspend or restrict the Service without further notice. Continued non-payment can result in termination of the Service, recovery of company-owned equipment, and/or pursuit of outstanding amounts due.

3.5 First-Month Service AssuranceWhere, within thirty (30) days after connection, the Service cannot be delivered to the Client’s premises at a usable standard and the Provider has been unable to resolve the reported issue after a reasonable opportunity to do so, the Client may cancel the Service. In that case the Client shall not be charged the Monthly Subscription for that first month, the deposit shall be refunded in accordance with clause 3.2, and company-owned equipment shall be recovered by the Provider.

This assurance does not apply to issues caused by Client-owned equipment, power supply problems, misuse, unauthorized tampering or relocation, unsupported premises wiring or internal network faults, third-party infrastructure, force majeure events, or any other matter outside the Provider’s reasonable control. Installation charges, equipment charges, deposits, and any outstanding amounts remain subject to the applicable provisions of these Terms unless otherwise agreed in writing by the Provider.

3.6 Other ChargesIn addition to the Monthly Subscription, the Provider may charge for: (a) relocation of the Service to new premises, or a change from wireless to fibre at the same premises; (b) a technician call-out where the visit is required because of changes made by the Client or a third party to the router or network settings, or because of damage caused at the premises; (c) Wi-Fi extenders, extender configuration, additional cabling, trenching and other works requested by the Client; (d) optional services such as a public IP address; (e) replacement equipment under clause 6.4; (f) Extension and Due Date change charges under clause 3.1A; and (g) the equipment holding fee under clause 6.3.

Charges are at the rates published by the Provider or stated on the quotation, are inclusive of applicable taxes unless stated otherwise, and shall be confirmed to the Client before the work is done or the service is supplied, except for charges under (b), which shall be confirmed after the technician has established the cause.

3.7 Payments and WalletPayments are credited to the Client’s Wallet and applied to bills that are due, oldest first. Any amount paid in excess of the amount due remains as credit in the Wallet for future bills and is not refunded, except on termination, when any Wallet balance shall be refunded with the deposit under clause 3.2.

A payment made to the wrong account will be corrected within twenty-four (24) hours of the Client providing proof of payment; where the error was the Client’s, the Service may remain suspended until the correction is made. A mobile-money reversal is available only for a payment made to the wrong account.

3.8 Temporary SuspensionThe Client may ask the Provider to suspend the Service temporarily from a chosen date. Suspensions take effect at 5:00 PM, the same day only where requested before 5:00 PM. The Client shall pay for the days used up to the suspension date, and that bill must be cleared before the Service is reconnected. No Monthly Subscription is charged during the suspension.

3.9 ReconnectionFollowing a suspension, the Service shall be reconnected once all outstanding bills have been paid. No reconnection fee is charged. Where the Service has been suspended for an extended period, a technical check of the line may be required before reconnection.

3.10 Plan ChangesThe Client may upgrade the Service from a date the Client chooses; a pro-rated bill for the remainder of the billing month and any increase in deposit shall be payable. A downgrade takes effect on the next Due Date, and any excess deposit is credited to the Client’s Wallet.

3.11 OffersPromotional offers, free periods, trial upgrades and advance-payment offers apply only as stated in the written offer or quotation, do not change these Terms, and are not exchangeable for cash. Unless the offer states otherwise, advance payments are not refundable on early cancellation.

The Client may cancel the Service at any time by notifying the Provider by WhatsApp, email, telephone or in person, and the Provider shall confirm the disconnection date with the Client. Disconnections take effect at 5:00 PM on the agreed date; a same-day disconnection is possible only where the request is received before 5:00 PM. The Client shall pay for the Service up to the disconnection date: where that date falls before the end of a billed period, the bill for that period shall be reduced to the days used. Amounts already paid are not refundable unless expressly agreed by the Provider in writing or under clause 3.5.

Non-payment can result in service suspension or termination in accordance with the Provider’s billing and customer retention process.

Upon termination or cancellation of the Service, the Client shall either: (a) provide reasonable access for the Provider to retrieve company-owned equipment; or (b) return the company-owned equipment to the Provider’s office or another location communicated by the Provider within the stipulated timeframe.

The Client shall not withhold, damage, sell, transfer, tamper with, or otherwise interfere with company-owned equipment. The Client remains responsible for all outstanding bills, unpaid subscription fees, equipment replacement charges, recovery charges, charges for unreturned or damaged company-owned equipment, and any other amounts due to the Provider.

If the Client relocates outside town or outside the Provider’s service area, the Client shall inform the Provider in advance or as soon as reasonably possible so that arrangements can be made to collect any company-owned equipment or agree on the appropriate handling of that equipment.

The Client may not transfer the Service to another person without the Provider’s written consent. A transfer requires the incoming client to apply and accept these Terms; outstanding balances on the account must be settled before the transfer is completed.

The Client shall use the Service lawfully, responsibly, and only for the purpose for which it was supplied. The following activities are strictly prohibited:

Resale, redistribution, sharing, or onward supply of the internet service to third parties without the Provider’s written consent.

Distribution, transmission, hosting, or access to illegal, defamatory, abusive, harmful, obscene, or privacy-violating content.

Unauthorized sharing of access beyond the registered premises.

Interference with, disruption of, or attempted unauthorized access to the Provider’s network, systems, customers, or third-party networks.

Use of the Service for fraud, spam, malware, phishing, denial-of-service activity, or any other unlawful or abusive activity.

Operating publicly accessible servers, or generating automated high-volume traffic, without the Provider’s written consent.

Tampering with, relocating, modifying, or damaging Provider-supplied equipment or network infrastructure without authorization.

Depending on the seriousness of a breach, the Provider may issue a warning, restrict or suspend the Service, or permanently disconnect the Service. Serious breaches, including unlawful activity and attacks on the Provider’s or any other network, may result in immediate suspension or disconnection without prior notice. The Client may appeal in writing within five (5) days of being notified of action under this Section. The Client remains liable for any losses, equipment costs and outstanding charges arising from a breach, which the Provider may set off against the deposit.

6.1 Ownership of EquipmentAll Customer Premises Equipment supplied or installed by the Provider, including routers and fibre ONT/ONU devices, remains the property of the Provider unless the Client has bought the item and the purchase is recorded on the Client’s account. Payment of the Installation Fee does not transfer ownership of any equipment.

6.2 Purchase of EquipmentA Client who wishes to retain company-owned installed equipment upon termination of service can request to purchase that equipment. Any purchase is subject to the Provider’s approval, confirmation of the applicable price, and settlement of all outstanding amounts.

6.3 Equipment ReturnAll company-owned equipment must be returned or made available for recovery upon service termination or cancellation after reasonable notice from the Provider, unless the Provider has approved purchase of the equipment by the Client. Failure to return or provide access for recovery of the equipment, or return of damaged equipment beyond fair wear and tear, shall result in billing at the prevailing market value or reasonable replacement/recovery cost.

Where the Service has been suspended for non-payment and company-owned equipment has not been returned or made available for recovery within one (1) month of suspension (three (3) months for a Client who has paid six (6) or more monthly bills), the Provider may charge an equipment holding fee of KES 1,000 per month until the equipment is returned or recovered. No holding fee applies during a temporary suspension requested by the Client under clause 3.8.

6.4 Replacement of EquipmentWhere a router, PoE device or power adapter becomes faulty within three (3) months from the date of connection through no fault of the Client, the Provider shall replace it free of charge. After three (3) months, replacement shall be at the Client’s expense unless otherwise agreed by the Provider. Replacement of any equipment damaged by power surges, misuse, rodents, cuts, tampering or theft shall be at the Client’s expense at any time. Replaced items shall be returned to the Provider. The Provider may, at its discretion, allow replacement charges to be paid in instalments with the Monthly Subscription.

6.5 Care of EquipmentThe Client shall take reasonable care of all equipment installed at the premises and shall not tamper with, remove, transfer, sell, lease, pledge, or otherwise interfere with company-owned equipment. The Client shall notify the Provider promptly of any loss, damage, fault, theft, or suspected interference affecting the equipment.

6.6 Client-Owned EquipmentThe Client may use their own router only with the Provider’s approval and where it is compatible with the Service. The Provider is not responsible for faults caused by Client-owned equipment or by changes the Client makes to router or network settings; a call-out charge under clause 3.6 applies where a technician visit is required as a result.

6.7 Power ProtectionThe Provider recommends that the Client protect installed equipment with a power-protection device. Damage caused by power surges or electrical faults is not covered by any free replacement under clause 6.4.

The Provider shall use reasonable efforts to provide reliable service but does not guarantee uninterrupted, error-free, or fault-free connectivity. Service quality can be affected by power outages, weather, third-party infrastructure, force majeure events, maintenance, equipment failure, network congestion, or circumstances beyond the Provider’s reasonable control. The Provider shall, where practicable, notify affected Clients by SMS at least forty-eight (48) hours before planned maintenance.

iNet Africa excludes liability for indirect, anticipated savings, goodwill, or consequential losses, data corruption, and service unavailability, even with awareness of potential customer harm.

The Provider’s liability, where liability cannot lawfully be excluded, shall be limited to the amount paid by the Client for the affected Service during the billing period in which the claim arose, unless otherwise required by applicable law.

The Client is responsible for maintaining backups, security controls, antivirus protection, device protection, and appropriate use of the Service by users at the Client’s premises.

8.1 PurposeEvery plan comes with unlimited data: the Client is never disconnected or charged extra for the amount of data used. To keep the network fast for every customer, the Provider applies this Fair Use Policy to plans above 15 Mbps.

8.2 How it worksWhere the Client’s usage in a billing month passes a limit for the Client’s plan, the Provider may reduce the speed of the Service for the rest of that billing month to (a) 75% of the plan speed after the first limit; (b) 50% of the plan speed after the second limit; and (c) 25% of the plan speed after the third limit. Full plan speed returns on the Client’s next billing date.

8.3 Limits by plan (first / second / third limit, per billing month)Each plan falls in the band containing its plan speed.

Home plans: up to 20 Mbps: 600 GB / 800 GB / 1,100 GB. Above 20 up to 30 Mbps: 700 GB / 950 GB / 1,300 GB. Above 30 up to 40 Mbps: 800 GB / 1,100 GB / 1,500 GB. Above 40 up to 50 Mbps: 850 GB / 1,200 GB / 1,750 GB. Above 50 up to 60 Mbps: 900 GB / 1,300 GB / 2,000 GB. Above 60 up to 80 Mbps: 1,000 GB / 1,450 GB / 2,200 GB. Above 80 up to 100 Mbps: 1,100 GB / 1,600 GB / 2,400 GB. Above 100 Mbps: 1,300 GB / 1,900 GB / 2,900 GB.

Business plans: up to 20 Mbps: 900 GB / 1,200 GB / 1,650 GB. Above 20 up to 30 Mbps: 1,050 GB / 1,450 GB / 1,950 GB. Above 30 up to 40 Mbps: 1,200 GB / 1,650 GB / 2,250 GB. Above 40 up to 50 Mbps: 1,300 GB / 1,800 GB / 2,650 GB. Above 50 up to 60 Mbps: 1,350 GB / 1,950 GB / 3,000 GB. Above 60 up to 80 Mbps: 1,500 GB / 2,200 GB / 3,300 GB. Above 80 up to 100 Mbps: 1,650 GB / 2,400 GB / 3,600 GB. Above 100 Mbps: 1,950 GB / 2,850 GB / 4,350 GB.

The same limits apply on fiber and fixed wireless. Plans of 15 Mbps and below have no usage limits. Wholesale and Dedicated plans, and any plan supplied under a separately signed service agreement, are governed by that agreement.

8.4 Measuring usageUsage means all data downloaded and uploaded on the Client’s connection during the billing month, as recorded by the Provider’s network systems. The Provider uses these records to bill the Client, to apply this Policy and Section 5, to manage and troubleshoot its network, and to meet its legal and regulatory obligations, including keeping connection logs for the periods required by law and disclosing them where lawfully required. The Client may ask for their usage at any time.

8.5 NotificationsWhere available, the Provider will notify the Client by SMS or email when usage nears the first limit and when a limit applies.

8.6 Resale and sharingWhatever the usage, a plan is for the Client’s own home or business only. Reselling the Service or sharing it with neighbours or other premises breaches Section 5 and may lead to action under that Section, including suspension or disconnection. Clients who wish to resell may ask about the Provider’s Wholesale plans.

8.7 Changes to the limitsThe Provider may change these limits by giving at least thirty (30) days’ notice on its website and to affected Clients by SMS or email. A Client who does not accept a change may cancel the Service before the change takes effect without further charge, other than for the Service used and any outstanding amounts.

The Provider may amend these Terms by giving the Client at least thirty (30) days’ notice by SMS, email or on its website. A Client who does not accept an amendment that is to the Client’s material disadvantage may cancel the Service before the amendment takes effect without further charge, other than for the Service used and any outstanding amounts.

The Provider processes the Client’s personal data in accordance with the Data Protection Act, 2019 and its privacy notice, for the purposes of providing, billing and supporting the Service, managing its network, and meeting legal and regulatory obligations.

Before sharing account information or making changes to the Service, the Provider may require the Client to confirm the account number and may act on instructions received from the Client’s registered contacts. Calls to the Provider may be recorded and messages, including voice notes, may be transcribed for quality and security purposes.

The Client shall keep their contact details up to date; billing notices and reminders are sent by SMS and/or email to the registered contacts.

This agreement is governed in all respects by the Laws of Kenya.

Any dispute arising out of or in connection with these Terms and Conditions shall first be handled through good-faith discussions between the Client and the Provider. If the dispute is not resolved amicably, it shall be referred to the appropriate courts or dispute-resolution forum in Kenya, subject to applicable law.