LIQUID HOME TERMS AND CONDITIONS

DISCLAIMER

These are the Terms and Conditions by which Liquid Telecommunications (Kenya) Ltd (hereinafter referred to as Liquid Telecom) offers its Liquid Home services and products to the customer. By subscribing to our Liquid Home 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 Liquid Telecom and that the Customer’s subscription and use of Liquid Telecom’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

1. DEFINITIONS AND INTERPRETATION
   1. These Terms and Conditions shall govern the provision of Liquid Telecom 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 Liquid Telecom from time to time;
      2. “Application Form” means the Customer’s request through hai.co.ke online portal 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 Liquid Telecom’s Equipment depending on the type of service customer purchased as set out in www.hai.co.ke website, belonging to Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom is making this contract and includes any person who Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom’s electronic billing facilities providing the Customer with access to billing data, current or historical, either via email or online through a prescribed Liquid Telecom’s website;
      14. “Fair Use Policy” means the Fair Usage Policy established by Liquid Telecom 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 Liquid Telecom’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 Liquid Telecom’s Tariff Guide for the provision of the Services;
      17. “Network” means the fibre-optic or Wireless network operated by Liquid Telecom, 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 Liquid Telecom or the industry regulator or any policy adopted by Liquid Telecom 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 Liquid Telecom and “Parties” mean both Liquid Telecom 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 Liquid Telecom brand name or any other brand name as may be adopted by Liquid Telecom from time to time;
      21. “Service Level Agreement” means the document published by Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom’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 Liquid Telecom 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 Liquid Telecom from time to time;
      26. “Upgrade” means the provision of Services of higher capability by Liquid Telecom to the Customer, for example, higher Internet speeds than the Customer has subscribed to during the prevailing Term of this Agreement.
      27. “Liquid Telecom” means Liquid Telecommunications (Kenya) Limited of Post Office Box Number 62499-00200, Nairobi, Kenya with offices at Sameer Business Park, Block A, Mombasa Road, Nairobi;
      28. “Liquid Telecom Equipment” means equipment (including any software) installed at the Customer’s Site by Liquid Telecom 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.
2. 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 Liquid Telecom.
   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, Liquid Telecom 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. Liquid Telecom 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. Liquid Telecom 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, Liquid Telecom shall recover all equipment belonging to it and the customer will facilitate this process to its conclusion
3. APPLICATION OF TERMS AND ORDER FOR NEW SERVICES
   1. Application of Terms
      1. By submitting a completed Online Application Form from hai.co.ke website to Liquid Telecom 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 Liquid Telecom current or new products and services and accepts it will comply with the Terms and Conditions of such other Liquid Telecom 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 Liquid Telecom to the Customer are as set out in the Application Form.
      2. The Customer shall provide Liquid Telecom 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 Liquid Telecom offers new services and the Customer requires to utilise such new Services then:

         a) The Customer may place orders with Liquid Telecom for such new Services as and when required by submitting a written request to Liquid Telecom or completing such electronic order form via the Network as may be made available by Liquid Telecom at that time or through Liquid Telecom’s website.

         b) If Liquid Telecom 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 Liquid Telecom shall be governed by the terms of this Agreement.
4. 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 Liquid Telecom advises are necessary, and carry out afterwards any making good or decorator's work required;
      4. provide any electricity and connection points required by Liquid Telecom; 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 Liquid Telecom as required to be in place prior to any installation of the Customer Premises Equipment and Connection to the Network.
      6. Liquid Telecom 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 Liquid Telecom access to the Customer Site. Liquid Telecom shall provide such assistance in a professional and workmanlike manner, however, at no time shall Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom employees and anyone acting on Liquid Telecom's behalf, who produces a valid Liquid Telecom identity card access to any Customer Site. Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom Equipment subject to the terms of this Agreement.
   3. Liquid Telecom employees and anyone acting on Liquid Telecom's behalf will observe the Customer’s reasonable site access regulations as advised by the Customers during the site visit.
   4. Liquid Telecom 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 Liquid Telecom will not be liable for any costs and expenses incurred by the Customer as a consequence of such delay.
   5. Liquid Telecom 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 Liquid Telecom between the Customer’s Site and Liquid Telecom’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 Liquid Telecom’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 Liquid Telecom 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 Liquid Telecom in writing from time to time or as may be published and updated by Liquid Telecom on its website from time to time.
5. EQUIPMENT & CARE
   1. Liquid Telecom 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 Liquid Telecom representative) to do so.
   2. Liquid Telecom 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, Liquid Telecom throughout the duration of this Agreement and that upon termination of this agreement Liquid Telecom 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 Liquid Telecom agent upon the termination of this Agreement as provided herein, including allowing Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom at the time of installation.
   7. Save where title to the Customer Premises Equipment has passed to the Customer following the payment to Liquid Telecom by the Customer of any monies payable for the purchase of the Customer Premises Equipment, the Customer shall be liable to Liquid Telecom 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 Liquid Telecom, or anyone acting on Liquid Telecom’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. Liquid Telecom 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 Liquid Telecom other than the fact that Liquid Telecom’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 Liquid Telecom 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 Liquid Telecom.
   10. Without prejudice, Liquid Telecom shall only be responsible for the replacement of the Equipment in the case of manufacturer’s defects covered by Warranty. Liquid Telecom shall use reasonable endeavours to extend to the Customer the benefit of any warranty as may be provided to Liquid Telecom (subject to any limitations and restrictions thereon) by the manufacturers of such Equipment, provided that any expense reasonably incurred by Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom Equipment by the Customer.
   12. The Customer shall give possession to Liquid Telecom or its authorised agents any Liquid Telecom Equipment that the Customer believes to be damaged, faulty or defective, together with all Equipment documentation that was supplied by Liquid Telecom 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. Liquid Telecom 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 Liquid Telecom and initiate without access to Customer Site for Liquid Telecom Liquid Telecom's authorised agents for the purpose of uninstalling and recovery of the Customer Premise Equipment and any other Liquid Telecom Equipment.
   14. The Customer shall have possession of the Router and hence the warranty Terms and conditions will be as per the manufacturers.’
6. 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. Liquid Telecom advises the Customer, when applying for the Services or during any Term of the agreement, to consult the Tariff Guide and with Liquid Telecom’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 Liquid Telecom 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 Liquid Telecom.
   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 Liquid Telecom to the Customer from time to time.
7. UPGRADE AND DOWNGRADE OF THE SERVICES BY THE CUSTOMER
   1. The Customer may make an application to Liquid Telecom to Upgrade or Downgrade the Services as and when required by completing such Upgrade or Downgrade application form on the official Liquid Telecom 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 Liquid Telecom 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. Liquid Telecom 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 Liquid Telecom by the Customer prior to the Upgrade.
8. SUSPENSION OR VARIATION OF THE SERVICES
   1. Liquid Telecom may in its sole discretion suspend or vary the Services without liability to compensate the Customer for any period during which:
      1. Liquid Telecom 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. Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom 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.
9. PAYMENT TERMS
   1. Unless otherwise specified by Liquid Telecom:
      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 Liquid Telecom’s Tariff.
   2. Liquid Telecom 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 Liquid Telecom in writing from time to time.
   3. If prepayment has not been received by Liquid Telecom by the due date of the Customer’s monthly billing anniversary then Liquid Telecom shall suspend the Customer’s access to the Services until receipt of pre-payment in full.
   4. If Liquid Telecom does not receive from the Customer the payment for the Services that Liquid Telecom is entitled to for the Initial term and any Additional Terms for a continuous period of 90 days, Liquid Telecom 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 Liquid Telecom in the recovery of the Customer Premise Equipment;
   5. Without prejudice to any other right or remedy, Liquid Telecom reserves the right to set off any amount owing at any time from the Customer to Liquid Telecom against any deposits or prepayment held by Liquid Telecom for the Customer under this Agreement.
10. EXCLUSION OF LIABILITY
    1. The Customer agrees that the following exclusions of liability are reasonable. Liquid Telecom, 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 Liquid Telecom’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 Liquid Telecom’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 Liquid Telecom 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, Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom 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.
11. FAULT REPORTING AND REPAIR
    1. If the Customer reports a fault in the Services, Liquid Telecom will remedy the fault within the timelines defined upon reporting of the fault.
    2. If work of any kind done by Liquid Telecom 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 Liquid Telecom, Liquid Telecom shall be entitled to demand payment from the Customer for the work done by Liquid Telecom or its authorised contractor and/or refund any money expended by Liquid Telecom in this regard.
12. 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.

13. 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. Liquid Telecom 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 Liquid Telecom or Liquid Telecom’s authorised representatives to uninstall and recover its Customer Premise Equipment and any other Liquid Telecom Equipment at the Customer Site without delay.
14. VARIATION OF THE AGREEMENT

    Liquid Telecom may change this Agreement at any time upon issuance of a thirty (30) days’ notice to the customer. In addition to Liquid Telecom’s right to change this Agreement above, Liquid Telecom may also change this Agreement at any time with the agreement of the Customer. Liquid Telecom will give the Customer written notice of the changes and publish details of any change on the Liquid Telecom Website at least 28 days before the change is to take effect. The Customer shall, within 28 days of the service of Liquid Telecom’s notice (or such other period as may be set out in Liquid Telecom’s notice) of the changes, communicate its acceptance or rejection of the proposed changes. Liquid Telecom shall deem the Customer as having accepted the proposed changes if it does not receive the customer’s rejection within the provided 28 days.

15. NOTICES
    1. The Customer must notify Liquid Telecom 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 Liquid Telecom 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 Liquid Telecom.
    2. Any notices in regard to any information that Liquid Telecom 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 Liquid Telecom in writing from time to time, or on Liquid Telecom’s website www.hai.co.ke, 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.
16. GOVERNING LAW

    The construction, validity and performance of this Agreement shall be governed in all respects by the Laws of Kenya.