JiBambe Fibre - Fast Affordable Reliable Internet

TERMS & CONDITIONS

Disclaimer

Welcome to the Terms and Conditions that govern the services and products offered by Signate Networks Solutions (Kenya) Ltd. By subscribing to our services, referred to as JiBambe Fibre, or by utilizing any of our services, you, as the Customer, agree to be bound by these Terms and Conditions. Your subscription and use of Signate Networks Solutions' services confirm that you have read, understood, and accepted these Terms and Conditions, creating a legally binding agreement between you and Signate Networks Solutions.

Terms and Conditions of the Provision of Residential JiBambe Fibre Services

Definitions and Interpretation

These Terms and Conditions outline the provision of JiBambe Fibre service by Signate Networks Solutions (Kenya) Limited upon your acceptance of all terms and conditions provided herein.

In this agreement:

“Agreement” or “Terms and Conditions” refers to these Terms and Conditions, including the Application Form and Tariff Guide, as may be updated by Signate Networks Solutions from time to time.
“Application Form” refers to your written request for the Services, as detailed in the form overleaf.
“Charges” refers to the amounts payable for the Services as published in the Tariff Guide, including any applicable deposits.
“Connection” refers to the activation of the Services following successful installation of Signate Networks Solutions Equipment at your premises, including television cable network decoder, cable data modem, and telephone where applicable, and its integration with your equipment. “Connected” shall have a similar meaning.
“Connection Charge” refers to the fee for connection to the Signate Networks Solutions Triple-Play network.
“Content” refers to video, voice, sound, information, communication, data, or any other material transmitted or communicated through the Services.
“Customer” refers to you, the subscriber, applying for or using the Services and with whom Signate Networks Solutions is making this contract. This includes any person whom Signate Networks Solutions believes is acting with your authority.
“Customer Equipment” refers to the compatible systems and infrastructure necessary for you to access the Services, including but not limited to television sets, computers, tablets, and smartphones.
“Customer Premises Equipment” or “CPE” refers to the compatible systems and infrastructure, such as Television Set-Top-Box (STB, or decoder), Internet Cable Modem, and Telephone Handset where applicable, supplied by Signate Networks Solutions and necessary for accessing the Services through the Network.
“Customer Site” refers to the residential address provided in the Application Form where Signate Networks Solutions Equipment and Services will be installed.
“Downgrade” refers to the provision of Services with lower capacity, such as fewer television channels or reduced Internet speeds than you have subscribed to during the term of this Agreement.
“Electronic Bill” refers to Signate Networks Solutions' electronic billing facilities, providing you with access to billing data via email or online through the Jibambe.net website.
“Fair Use Policy” refers to the policy established by Signate Networks Solutions to ensure equitable use of Network resources among all users, preventing disproportionate use by some at the expense of others.
“Material Breach” refers to a breach of a term of this Agreement that cannot be remedied.
“Monthly Recurring Charge” refers to the charges outlined in the Tariff Guide for the ongoing provision of the services.
“Network” refers to the fibre-optic or Wi-Fi network operated by Signate Networks Solutions, its subsidiaries, holding company, or third-party providers, facilitating the provision of the Services.
“Offending Material” refers to any Content that:
- Breaches any law, regulation, or code of practice invoked by Signate Networks Solutions or the industry regulator or any policy communicated to you regarding acceptable use of the Services.
- Is abusive, indecent, defamatory, obscene, offensive, menacing, or poses a threat to the health and safety of any third party.
- Breaches confidence, intellectual property rights, privacy, or any rights of a third party.
“Party” refers to either you or Signate Networks Solutions, while “Parties” refers to both.
“Services” refers to JiBambe Fibre service, including television channel content, Internet services, telephone services, and any other electronic multimedia services provided by Signate Networks Solutions under this Agreement.
“Service Level Agreement” refers to the document published by Signate Networks Solutions that is deemed incorporated into these Terms and Conditions, setting out the uptime, maintenance, and incident management services provided following the Connection of the Services.
“Set-up Fee” refers to the fee for connecting your equipment to Signate Networks Solutions Equipment and subsequently to the Network for accessing the Services.
“Standard Tests” refers to the tests conducted by Signate Networks Solutions or its appointed sub-contractors to determine whether the Services are Connected.
“Tariff Guide” refers to the list of charges for the Services as published and periodically updated by Signate Networks Solutions.
“Upgrade” refers to the provision of Services with higher capabilities, such as more television channels or higher Internet speeds than you have subscribed to during the term of this Agreement.
“Signate Networks Solutions” refers to Signate Networks Solutions (Kenya) Limited, with its head office at Suite F2, Juliet Towers, Ngong Town, Kajiado, and mailing address Post Office Box Number 193, 00208, Ngong Hills, Kenya.
“Signate Networks Solutions Equipment” refers to the equipment, including any software, installed at your Site by Signate Networks Solutions for the provision of the Services.

In this Agreement, unless the context requires otherwise, references to:

The singular include the plural and vice versa.
A person include references to a corporate body 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 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.
Any Party includes that Party’s successors and assigns.

Clause headings are for convenience only and shall not affect the interpretation of this Agreement.

TERM & TERMINATION

The Service will continue until terminated in accordance with clause 2 of this Agreement.

When the Customer subscribes to the Service for a fixed term, the subscription will automatically renew at the end of the term on a monthly basis, unless the Customer terminates it in accordance with the provisions of this Agreement.

The Customer may terminate this Agreement at any time by providing Signate Networks Solutions with thirty (30) days’ written notice.

If the Customer has paid for the Service in advance and terminates the Service before the subscription period ends, the following will apply:

For monthly subscriptions, the Customer will not be entitled to a refund or credit for any unused portion of the subscription period.
For multi-month subscriptions, Signate Networks Solutions may, depending on the circumstances of the termination, refund or credit the Customer for any unused portion of the subscription period.

Signate Networks Solutions reserves the right to terminate this Agreement and deactivate the Service at any time without notice if:

The Customer fails to make a payment when due, and the payment remains unpaid for a period of ninety (90) days.
Signate Networks Solutions confirms that the Customer has received the Service, or any part of it, without payment.
The Customer otherwise breaches this Agreement.

If the Service is terminated for any reason, the Customer remains responsible for payment of all outstanding amounts on the Customer’s account.

APPLICATION OF TERMS AND ORDER FOR NEW SERVICES

Application of Terms

By submitting a completed Application Form to Signate Networks Solutions, the Customer confirms that they have read, understood, and accepted all the Terms and Conditions of this Agreement.

No Terms or Conditions endorsed upon, delivered with, or contained in the Customer’s quotation, acknowledgment, purchase order, or other Customer documents will form a part of this Agreement. The Customer waives any right to rely on such terms and conditions.

The Customer acknowledges that they may use the Services in conjunction with other Signate Networks Solutions products and services. The Customer agrees to comply with the Terms and Conditions of these additional products and services while using them.

The Customer agrees that Signate Networks Solutions may include the Customer’s telephone number, as assigned by Signate Networks Solutions for any telephony services, in Signate Networks Solutions customer telephone directories.

Orders for New Services

The initial Services to be provided by Signate Networks Solutions to the Customer are outlined in the Application Form.

The Customer must provide Signate Networks Solutions with a copy of a valid national identity card or passport and the full address of the Customer Site where the Services are to be provided.

If Signate Networks Solutions offers new services that the Customer wishes to utilize, the Customer may place orders for these new Services by submitting a written request to Signate Networks Solutions, completing an electronic order form via the Network, or through Signate Networks Solutions's website.

If Signate Networks Solutions accepts the order, they will confirm in writing or allow access to the requested Services upon payment of the required Charges. All orders for new Services accepted by Signate Networks Solutions will be governed by this Agreement's terms.

Supply of the Services

To facilitate the installation and use of the Customer Premises Equipment, the Customer shall, at their own expense:

Obtain all necessary consents, wayleaves, rights of way, including consents for any necessary alterations to buildings where the Customer Site is located.
Provide a suitable environment, accommodation, and foundations, including all necessary trunking, conduits, and cable trays, in accordance with relevant installation standards.
Take up or remove any fitted or fixed floor coverings, ceiling tiles, suspended ceiling, and partition covers as advised by Signate Networks Solutions, and carry out any necessary repairs or decoration afterward.
Provide any required electricity and connection points.
Carry out all other preliminary works, including ensuring the Customer Equipment meets the specifications communicated by Signate Networks Solutions before installing the Customer Premises Equipment and connection to the Network.

Signate Networks Solutions may assist the Customer in facilitating the connection, according to its prevailing policies. By allowing Signate Networks Solutions access to the Customer Site, the Customer consents to and accepts any such assistance. Signate Networks Solutions shall provide assistance in a professional and workmanlike manner but will not be liable for damages, costs, expenses, or losses incurred during the assistance process.

To enable Signate Networks Solutions to fulfill its obligations under this Agreement or recover any of its Customer Premises Equipment, the Customer shall provide Signate Networks Solutions employees or anyone acting on their behalf, who produces a valid Signate Networks Solutions identity card, access to the Customer Site. While Signate Networks Solutions will typically require access with the Customer's agreement or at their request, it may request access at other times if necessary.

Signate Networks Solutions employees or those acting on their behalf will observe the Customer's reasonable site access regulations during site visits.

Signate Networks Solutions will use reasonable efforts to meet agreed delivery dates for supplying the Customer Premises Equipment and related accessories. However, time is not of the essence, and Signate Networks Solutions will not be liable for any costs or expenses incurred by the Customer due to delays.

Signate Networks Solutions may employ subcontractors to install the Customer Premises Equipment and undertake related works without the Customer's consent.

The Customer acknowledges that the Internet service component of the Services is a shared resource. The Internet bandwidth speeds quoted in the Tariff Guide are the local speeds provided by Signate Networks Solutions between the Customer’s Site and Signate Networks Solutions’s data center in Nairobi. The international bandwidth component of the Internet service is shared by all users. It is not economically viable for local uncontended Internet bandwidth speeds to equal international shared and contended bandwidth speeds. Any representation to the contrary is invalid, and nothing in this Agreement suggests that local bandwidth speeds are equal to international speeds.

The Customer agrees that the Internet service component of the Services is subject to a Fair Use Policy, as described in the schedule of the Application Form. This policy is deemed accepted by the Customer upon application for the Services and may be modified by Signate Networks Solutions from time to time. Modifications will be communicated to the Customer at the email address specified in the Application Form or published on Signate Networks Solutions's website.

Equipment & Care

Signate Networks Solutions provides the Customer with Customer Premise Equipment to ensure compatibility with its Network and Services. The Customer must not interfere with, alter, or modify the Customer Premises Equipment or any embedded software, nor allow anyone other than an authorized Signate Networks Solutions representative to do so.

Signate Networks Solutions may provide Customer Premise Equipment of varying capabilities based on the initial Services selected by the Customer in the Application Form.

The Customer acknowledges that the Customer Premise Equipment (excluding the telephone handset) remains the property of Signate Networks Solutions throughout the duration of this Agreement. Upon termination of this Agreement, Signate Networks Solutions will recover all Customer Premises Equipment from the Customer’s premises.

The Customer agrees to take full responsibility for the care of the Customer Premise Equipment during the term of this Agreement. The Customer must immediately notify and cooperate for the uninstallation and recovery of the equipment by an authorized Signate Networks Solutions agent upon termination of this Agreement, including providing access to the Customer Site.

The Customer is responsible for the care and safety of the Customer Premises Equipment. They must not add to, modify, reverse engineer, decompile, or interfere with the Customer Premises Equipment or any embedded software. They must not allow anyone other than an authorized Signate Networks Solutions representative to do so.

Any Customer Equipment connected to the Customer Premises Equipment or used to access the Services must be technically compatible with the Customer Premises Equipment and the Services. The Customer must follow reasonable instructions, safety, and security procedures as advised by Signate Networks Solutions during installation.

Unless the Customer has purchased the Customer Premises Equipment and title has passed to them, the Customer is liable to Signate Networks Solutions for any loss or damage to the Customer Premises Equipment, except where such loss or damage is due to fair wear and tear or is caused by Signate Networks Solutions or anyone acting on their instructions.

The Customer recognizes that no right, title, or interest in the software contained in the Customer Premises Equipment vests in the Customer.

Signate Networks Solutions accepts no liability for any loss suffered by the Customer or any third party due to the Customer’s misuse of the Customer Premises Equipment or for any accidental damage. The provisions of clause 7 will apply to the sale and supply of Customer Premises Equipment by Signate Networks Solutions, except that Signate Networks Solutions's total liability for any Customer Premises Equipment shall be limited to the value of the equipment.

The Customer must immediately notify Signate Networks Solutions of any fault, damage, loss, or theft of any Customer Premise Equipment and is responsible for its replacement costs at the prevailing retail prices. The replaced equipment will remain the property of Signate Networks Solutions.

Signate Networks Solutions will only be responsible for replacing the Equipment in case of manufacturer’s defects covered by Warranty. Signate Networks Solutions will use reasonable endeavors to extend the benefit of any warranty provided to

Use of the Services

The Services are designed for private, personal, or family residential use and are not suitable for business, commercial, or public applications. The performance of the Internet component of the Services may vary based on the number of concurrent users; therefore, performance degradation may occur with an increase in the number of users. Customers are advised to consult the Tariff Guide and speak with Signate Networks Solutions’ sales representatives for advice on the most suitable service package based on expected concurrent users or to explore service options for business or public use under separate terms not covered by this Agreement.

Access Passwords

Customers will receive access to the Services via passwords provided by Signate Networks Solutions. It is the customer's responsibility to ensure these passwords remain confidential and are not disclosed to third parties. Unauthorized access to the Services by third parties outside the Customer Site or control is prohibited unless explicitly permitted by Signate Networks Solutions.

Customers must ensure that neither they nor any other individual using the Customer’s access to the Services utilizes the Services:

for resale or redistribution to any other person or entity; or
for storing, reproducing, transmitting, communicating, or receiving any Offending Material; or
for fraud or any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or
to cause annoyance, inconvenience, or needless anxiety to any person; or
contrary to any other instructions that may be communicated by Signate Networks Solutions to the Customer from time to time.

Upgrade and Downgrade of the Services by the Customer

The Customer may apply to Signate Networks Solutions to Upgrade or Downgrade the Services as needed by submitting a written request or completing an Upgrade application form, which may be made available by Signate Networks Solutions either in physical form or electronically via the Network or website.

The Customer agrees that a request for an upgrade or downgrade of service will be charged at the prevailing market rates, and payment must be made to Signate Networks Solutions prior to the next billing date. The Upgrade or Downgrade will take effect on the next billing date.

Any applicable Deposits and/or Installation Charges are payable upon acceptance of the Customer’s application and before the Upgrade is implemented. Signate Networks Solutions will effect the Upgrade on the Customer’s next monthly billing anniversary from the date of acceptance and payment of applicable charges and any outstanding amounts due.

Suspension or Variation of the Services

Signate Networks Solutions may, at its discretion, suspend or vary the Services without liability to compensate the Customer for any period during which:

Signate Networks Solutions is required or requested to comply with an order or instruction from the Government, court, regulator, or other competent authority;
Signate Networks Solutions reasonably suspects or believes that the Customer is in breach of the Terms and Conditions of this Agreement or any other referenced Terms and Conditions;
such suspension or variation is necessary to facilitate modifications to, or allow for planned maintenance of the Network, provided that the Customer is given reasonable notice;
the Customer has not paid the Charges by the due date as provided in clause 6.2.

The Customer shall reimburse Signate Networks Solutions for all reasonable costs and expenses incurred due to the suspension, termination, or variation of the Services, especially if caused by any act or omission by the Customer. The Customer will remain liable for all periodic charges during any suspension period resulting from their actions or omissions.

Payment Terms

Unless otherwise specified by Signate Networks Solutions:

Any applicable Deposits and/or Installation Charges shall be payable upon acceptance of the Customer’s application and prior to connection to the Network.
Other Charges applicable to the Services shall be as set out or referred to in Signate Networks Solutions’s Tariff.
Signate Networks Solutions 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 Signate Networks Solutions in writing from time to time.
If prepayment has not been received by Signate Networks Solutions by the due date of the Customer’s monthly billing anniversary then Signate Networks Solutions shall suspend the Customer’s access to the Services until receipt of pre-payment in full.
If Signate Networks Solutions does not receive from the Customer the payment for the Services that Signate Networks Solutions is entitled to for the Initial term and any Additional Terms for a continuous period of 90 days, Signate Networks Solutions shall initiate the uninstallation and collection of the Customer Premise Equipment and the Customer, unless they make good the payment due in full, shall cooperate without delay with Signate Networks Solutions in the recovery of the Customer Premise Equipment;
Without prejudice to any other right or remedy, Signate Networks Solutions reserves the right to set off any amount owing at any time from the Customer to Signate Networks Solutions against any deposits or prepayment held by Signate Networks Solutions for the Customer under this Agreement.

Exclusion of Liability

The Customer agrees that the following exclusions of liability are reasonable:

Signate Networks Solutions, its officers, employees, sub-contractors, agents, and partners will not be liable to the Customer or any party for 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 Signate Networks Solutions’s awareness of the possibility of the Customer incurring the same;
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(f) above, any unforeseeable acts or omissions or negligent acts on the part of Signate Networks Solutions’s service providers, suppliers, contractors, agents or employees;
The loss, late receipt, or non-readability of any download, transmission, or other communications or loss of data, data privacy, or security transmission;
For any damage to the Customer Equipment or loss of data following the use of the Services. The Customer acknowledges and accepts that Signate Networks Solutions 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 deems necessary; and
Any charges or losses incurred as a result of or unauthorized use of the Services including following a theft of the same.

Except as provided in this Agreement, Signate Networks Solutions provides no warranties, conditions or guarantees as to the description or quality of the Services and all warranties, conditions, or guarantees 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.

Notwithstanding any other provisions of this Agreement, the Customer confirms and undertakes to indemnify and keep indemnified Signate Networks Solutions 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 Signate Networks Solutions 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

If the Customer reports a fault in the Services, Signate Networks Solutions will remedy the fault within the timelines defined upon reporting of the fault.

If work of any kind done by Signate Networks Solutions 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 Signate Networks Solutions, Signate Networks Solutions shall be entitled to demand payment from the Customer for the work done by Signate Networks Solutions or its authorized contractor and/or refund any money expended by Signate Networks Solutions in this regard.

Effect of Termination

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.

Signate Networks Solutions shall use all reasonable endeavors to disconnect the Customer Premises Equipment from the Network and to uninstall and recover the Customer Premise Equipment from the Customer Site immediately upon notice to do so.

The Customer shall allow Signate Networks Solutions access to the Customer Site and use its best endeavors to assist Signate Networks Solutions to uninstall and recover the Customer Premise Equipment from the Customer Site. Signate Networks Solutions shall use all reasonable efforts to minimize disruption to the Customer in the process of uninstalling the Customer Premise Equipment.

NOTICES

The Customer must notify Signate Networks Solutions of any change of address, user, or contact detail immediately upon such change being effected. The Customer agrees that in the event the change includes a physical change of address, the Customer will notify Signate Networks Solutions 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 authorization of Signate Networks Solutions.

Any notices regarding any information that Signate Networks Solutions 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 sent to the email address specified in the Application Form, or at such other email address as may be notified to Signate Networks Solutions in writing from time to time, or on Signate Networks Solutions’s website www.jibambe.net, or through an 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.

Contact Information:
Suite F2, Juliet Towers, Ngong Town, Kajiado, Kenya,
Support: 0725728001