Table of Contents
Terms and Conditions of Internet Services Provided by Wavex Internet Service Provider LTD
These Terms and Conditions constitute a binding legal agreement between Wavex Internet Service Provider LTD, a company duly registered under the laws of Kenya (hereinafter referred to as “Wavex” or “ISP“), and any individual, company, or entity (hereinafter referred to as the “Customer“) who subscribes to or uses the internet services provided by Wavex. By signing up for, accessing, or continuing to use the Service, the Customer irrevocably acknowledges, understands, and agrees to be bound by all the terms and conditions outlined herein, including any amendments that may be implemented by Wavex from time to time.
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1. DEFINITIONS
1.1 “Agreement” refers to these comprehensive Terms and Conditions, including the completed and submitted Application Form, the then-current Wavex Tariff Guide or pricing schedule, the Fair Usage Policy as detailed below, any Service Level Agreements (SLAs) applicable to specific plans, and any future amendments, supplements, or modifications to any of these documents. All these documents are incorporated by reference into this Agreement.
1.2 “Application Form” means the electronic or physical form, including any online registration process, duly completed and submitted by the prospective Customer to Wavex, requesting the provision of internet services. This form contains essential Customer information and the selected service plan.
1.3 “Charges” collectively include all fees and charges payable by the Customer to Wavex for the provision of the Services, including but not limited to installation fees, activation fees, equipment costs (if applicable), monthly subscription fees, usage-based charges (if any), upgrade/downgrade fees, reconnection fees, late payment penalties, and any other charges as detailed in the Wavex Tariff Guide or as specifically communicated to the Customer. All Charges are exclusive of any applicable taxes unless expressly stated otherwise.
1.4 “Commencement Date” shall be the date on which the Service is successfully activated and made available for use by the Customer at the designated Customer Premises.
1.5 “Connection” refers to the successful establishment of a functional internet connection between Wavex’s Network and the Customer Premises Equipment, enabling the Customer to access the Services.
1.6 “Customer Premises” means the physical location specified by the Customer in the Application Form where the Services and any associated equipment are to be installed and utilized.
1.7 “Customer Premises Equipment (CPE)” means any hardware, including but not limited to routers, modems, Optical Network Terminals (ONTs), or other devices, provided by Wavex (either for rent or purchase) and required for the Customer to access and utilize the internet Service at the Customer Premises.
1.8 “Fair Usage Policy (FUP)” refers to the guidelines established and enforced by Wavex, as detailed in a separate section below, to ensure equitable and fair allocation of bandwidth and network resources among all its Customers, prevent misuse, and maintain optimal network performance.
1.9 “Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
1.10 “Monthly Subscription” is the recurring fee charged by Wavex for the continued provision of the internet Services for a calendar month or a portion thereof, payable by the Customer in advance.
1.11 “Network” means the telecommunications infrastructure owned, operated, leased, or utilized by Wavex, including but not limited to fibre-optic cables, wireless transmission systems, routers, switches, servers, and all other equipment necessary to provide the Services.
1.12 “Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.13 “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.14 “Service(s)” refers solely to the internet connectivity services provided by Wavex to the Customer under this Agreement, as specified in the Customer’s chosen service plan. Unless explicitly stated otherwise in a separate agreement, the Services do not include voice, television, or any other services.
1.15 “Service Level Agreement (SLA)” refers to a specific agreement, if applicable, outlining guaranteed service performance metrics. Wavex offers different tiers of service, with dedicated service plans having higher priority and guaranteed service levels (SLAs), including uptime and support levels, which differ from those offered with standard, best-effort service plans.
1.16 “Tariff Guide” or “Pricing Schedule” refers to the official document published and updated by Wavex from time to time, detailing the various service plans offered, their associated Charges, and any applicable conditions. This guide is available on the Wavex website or upon request.
1.17 “Upgrade” means a change in the Customer’s internet service package to a higher tier, typically involving increased bandwidth, data allocation, or additional features.
1.18 “Downgrade” means a change in the Customer’s internet service package to a lower tier, typically involving decreased bandwidth, data allocation, or fewer features.
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2. SERVICE TERM AND TERMINATION
2.1 The Service is offered on a pre-paid monthly subscription basis and shall commence on the Commencement Date. The Agreement shall continue in full force and effect until terminated by either party in accordance with the terms herein. WaveX ISP’s home fibre and BizLiteX plans are provided on a “best-effort” basis. While we strive to provide consistent speeds and reliable service, actual performance may vary due to factors beyond our direct control, including but not limited to:
* Network congestion during peak hours
* Technical constraints of the network infrastructure
* Distance from the network node
* The capabilities of the Customer’s equipment and internal network
* Internet routing and traffic conditions
* External factors such as power outages or natural disasters.
WaveX does not guarantee specific speeds or uninterrupted connectivity at all times for best-effort service plans. Customers with dedicated business packages that include explicit Service Level Agreements (SLAs) are provided with guaranteed service levels as defined in their respective agreements.
2.2 “Unlimited” Plans – Clarification: Where “unlimited internet” is advertised, it means there are no fixed data caps on the total amount of data that can be consumed within a billing cycle. However, all usage remains subject to this Fair Usage Policy. Sustained usage that is significantly above normal residential or SME thresholds, or that negatively impacts the Network or other customers, may trigger network management interventions as described below. “Unlimited” does not mean unconstrained or ungoverned usage.
2.3 Termination by Customer: The Customer may terminate this Agreement at any time by providing Wavex with a clear written notice of their intention to terminate, with a minimum notice period as specified in their service plan or as communicated by Wavex (if any). Upon termination, the Customer is obligated to return any Wavex-owned CPE in good working condition, fair wear and tear excepted.
2.4 Non-Refundability of Prepaid Amounts: In the event of termination by the Customer for any reason, any prepaid Monthly Subscription fees for the remaining portion of the billing cycle are strictly non-refundable.
2.5 Termination or Suspension by Wavex: Wavex reserves the absolute right to suspend, restrict, or terminate the Service and this Agreement, without prior notice and without any liability whatsoever, under the following circumstances:
a) Failure by the Customer to make full payment of any Charges by the due date, and such failure continues for a period exceeding 7 days from the date of the first payment reminder.
b) Breach by the Customer of any of the terms and conditions of this Agreement, including but not limited to the Acceptable Use Policy outlined in Section 5 and the Fair Usage Policy detailed below.
c) Any use of the Service by the Customer that, in Wavex’s sole discretion, is deemed to be illegal, fraudulent, abusive, harmful, or disruptive to the Network or other customers.
d) If Wavex is required to do so by a court order, regulatory authority, or any applicable law.
e) If the Customer becomes insolvent, bankrupt, or enters into any arrangement with their creditors.
f) If Wavex ceases to offer the specific Service plan subscribed to by the Customer.
g) If the Customer provides false, inaccurate, or misleading information during the application process or at any time thereafter.
h) If the Customer engages in any activity that, in Wavex’s sole discretion, poses a security risk to the Network or other customers.
i) If there are technical limitations that prevent Wavex from providing the Service.
2.6 Consequences of Termination: Upon termination of this Agreement for any reason:
a) The Customer’s right to use the Service shall immediately cease.
b) Any outstanding Charges shall become immediately due and payable.
c) The Customer must promptly return all CPE owned by Wavex to Wavex in good working condition, fair wear and tear excepted. If the CPE is not returned or is returned in a damaged state beyond reasonable wear and tear, Wavex reserves the right to charge the Customer the full cost of repair or replacement of the damaged or lost equipment, as per Wavex’s prevailing equipment pricing.
d) Wavex reserves the right to disconnect the Service and remove any equipment installed at the Customer Premises. The Customer hereby grants Wavex, its employees, and authorized agents the right to access the Customer Premises for the purpose of recovering its equipment.
e) Any data or content stored by the Customer on Wavex’s systems (if any) may be irretrievably deleted. Wavex shall not be responsible for any loss of such data.
f) Termination of this Agreement shall not affect any accrued rights or liabilities of either party.
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3. APPLICATION AND SERVICE ACTIVATION
3.1 By submitting the Application Form, the Customer unequivocally acknowledges that they have carefully read, fully understood, and unconditionally agreed to be bound by these Terms and Conditions in their entirety. All residential internet accounts must be registered strictly under the Customer’s personal full legal name as shown on a valid national identification card or passport. Customers applying for residential service must provide their full name, national identification number or passport number, and any additional documents Wavex may reasonably request to verify identity. Wavex does not allow residential services to be registered or invoiced under a business, company, or institutional name. Customers requiring business-class services must apply separately for a business internet plan and provide the appropriate business documentation. All business accounts must be registered under a valid Business Name or Company Name. Customers applying for business services must provide certified copies of the Business Registration Certificate, KRA PIN Certificate, and, where applicable, the CR12 (or equivalent proof of directorship/ownership structure) issued within the last six (6) months. Wavex reserves the right to decline, suspend, or terminate services without refund if the registration information provided is incomplete, inaccurate, fraudulent, unverifiable, or if an account is found to have been opened under incorrect details.
3.2 Right to Accept, Decline, or Discontinue Service: Wavex reserves the right, at its sole discretion, to accept or reject any application for internet services without obligation to provide reasons. Submission of an Application Form and provision of supporting documents does not constitute a guarantee of service approval. Wavex may also assess service availability at the Customer’s premises and reserves the right to decline service based on commercial, operational, technical, or other considerations. Wavex further reserves the right to discontinue services to any existing Customer, by giving reasonable notice, where in its sole judgment the continuation of service is no longer commercially, operationally, legally, or reputationally appropriate. Any prepaid amounts for periods beyond the service discontinuation date shall be refunded on a pro-rata basis, unless the discontinuation is due to a breach of the Terms and Conditions, in which case no refund shall be made.
3.3 All applicable installation charges, activation fees, and the first month’s Monthly Subscription fee are due and payable in full by the Customer prior to the scheduled Service activation or the Commencement Date. Failure to make these initial payments may result in a delay or cancellation of the Service activation.
3.4 The Customer agrees to provide Wavex and its authorized personnel with reasonable and safe access to the Customer Premises at mutually agreed times to facilitate service installation, equipment setup, maintenance, and removal. The Customer shall ensure that all necessary consents and permissions for such access have been obtained. Any failure to provide necessary access may result in delays in service activation or additional charges for subsequent visits.
3.5 The Customer is responsible for ensuring that their premises meet the minimum technical requirements necessary for the installation and operation of the Service, as communicated by Wavex. Any modifications or upgrades required to the Customer Premises to facilitate the Service shall be the sole responsibility and expense of the Customer. Wavex shall not be liable for any costs, losses, or damages arising from the Customer’s failure to meet the minimum technical requirements.
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4. EQUIPMENT AND NETWORK USE
4.1 All CPE provided by Wavex to the Customer, whether for rent or otherwise, shall at all times remain the sole and exclusive property of Wavex unless explicitly sold to the Customer under a separate written agreement. The Customer acknowledges that they have no ownership rights in the Wavex-provided CPE.
4.2 The Customer agrees to use the CPE responsibly, with due care, and shall take all necessary precautions to protect it from damage, loss, theft, misuse, neglect, or unauthorized access. The Customer shall not tamper with, modify, or attempt to repair the CPE without the express prior written consent of Wavex.
4.3 Any damage to or loss of Wavex-owned CPE occurring due to the Customer’s negligence, willful misconduct, improper use, or failure to take reasonable precautions shall be the sole responsibility of the Customer. In such cases, Wavex reserves the right to charge the Customer the full cost of repair or replacement of the damaged or lost equipment, as per Wavex’s prevailing equipment pricing. Wavex shall have the right to recover these costs through any lawful means, including deducting them from any refunds due to the customer.
4.4 The Customer shall only connect devices to the CPE that are approved by Wavex or are technically compatible with the Wavex Network and the CPE. Connecting unapproved or incompatible devices may cause service disruptions, damage to the Network or CPE, and may be considered a breach of this Agreement. Wavex reserves the right to disconnect any such unauthorized devices and/or terminate the Agreement.
4.5 The Customer is solely responsible for providing a suitable, safe, and adequately powered environment for the installation and operation of the CPE at the Customer Premises, in accordance with any specifications provided by Wavex.
4.6 The Customer acknowledges that they are responsible for the security and integrity of their own internal network connected to the CPE, including any wireless networks. Wavex shall not be liable for any security breaches or unauthorized access to the Customer’s network or devices. The Customer is responsible for implementing and maintaining appropriate security measures, including firewalls and passwords.
4.7 The Customer shall not allow any third party to use the CPE or the Service without the express written consent of Wavex.
4.8 Customer Equipment and Third-Party Devices: Wavex shall provide support up to the Wavex-supplied router or CPE (Customer Premises Equipment) only. Any devices connected beyond the Wavex router, including but not limited to personal computers, smartphones, smart TVs, or other networking equipment, are the Customer’s sole responsibility. Wavex does not provide support for third-party devices or internal networks beyond the Wavex-supplied router. Should the Customer require additional networking devices such as Wi-Fi extenders, mesh systems, or additional routers, these must be supplied, installed, and invoiced directly by Wavex to ensure compatibility and warranty support. Unauthorized installation or use of third-party network equipment may void service guarantees and limit the scope of technical support available.
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5. SERVICE USE AND RESPONSIBILITIES
5.1 The internet Service provided by Wavex is intended for the Customer’s personal, residential, or internal business use only at the specific Customer Premises indicated in the Application Form, unless explicitly agreed otherwise in a separate written agreement with Wavex for dedicated or commercial services.
5.2 Prohibition of Resale and Redistribution: The Customer is strictly prohibited from reselling, sub-licensing, redistributing, sharing, or providing access to the Service or any part thereof to any third party outside the Customer Premises, whether for commercial gain or otherwise, without the express prior written consent of Wavex. Any unauthorized resale or redistribution shall be considered a material breach of this Agreement and may result in immediate suspension or termination of the Service without any refund. Wavex reserves the right to pursue legal remedies for any losses incurred due to such unauthorized activities, including but not limited to seeking injunctive relief and recovering lost revenue.
5.3 Acceptable Use Policy: The Customer shall use the Service in a lawful, responsible, and ethical manner and shall not engage in any illegal, abusive, harmful, or prohibited activities. This includes, but is not limited to:
a) Transmitting, distributing, or storing any material that is unlawful, defamatory, libelous, harassing, threatening, abusive, hateful, discriminatory, obscene, vulgar, pornographic, or otherwise objectionable.
b) Engaging in any activity that infringes upon the Intellectual Property Rights of others, including the unauthorized downloading, uploading, streaming, or distribution of copyrighted material (e.g., music, movies, software).
c) Conducting or participating in any fraudulent activities, schemes, or the transmission of unsolicited commercial communications (spam), including but not limited to phishing, pharming, and the sending of malware.
d) Impersonating any person or entity, or misrepresenting their affiliation with any person or entity.
e) Gaining or attempting to gain unauthorized access to any computer systems, networks, accounts, or data (hacking).
f) Distributing viruses, worms, Trojan horses, or any other malicious software or harmful components (malware).
g) Engaging in any activity that disrupts, degrades, impairs, or interferes with the operation or performance of the Wavex Network or the services provided to other customers. This includes denial-of-service attacks (DDoS), excessive bandwidth consumption that violates the Fair Usage Policy, or any other activity that negatively impacts network stability.
h) Operating public-facing servers (e.g., web servers, FTP servers) from a residential internet connection without the express prior written consent of Wavex and subscription to an appropriate business plan.
i) Circumventing or attempting to circumvent any security measures or usage restrictions implemented by Wavex.
j) Engaging in any activity that violates any applicable laws, regulations, or industry standards, including but not limited to data protection laws and cybersecurity regulations.
k) Using the service for any activity related to the development, production, or distribution of weapons of mass destruction.
l) Facilitating, aiding, or encouraging any of the above activities.
5.4 Fair Usage Policy Implementation: Wavex reserves the right to implement and enforce bandwidth management measures and traffic prioritization in accordance with its Fair Usage Policy (detailed below) to ensure fair and equitable use of the Network and maintain service quality for all customers. The Customer acknowledges and agrees to comply with the Fair Usage Policy, which may be updated by Wavex from time to time.
5.5 Customer’s Responsibility for Security: The Customer is solely responsible for implementing and maintaining adequate security measures to protect their own network, devices, data, and passwords from unauthorized access, use, or disclosure. Wavex shall not be liable for any security breaches that occur on the Customer’s network or devices. This includes, but is not limited to:
a) Using strong passwords and changing them regularly.
b) Installing and maintaining up-to-date antivirus and anti-malware software.
c) Implementing a firewall.
d) Securing their wireless network with encryption (e.g., WPA2/WPA3).
e) Regularly backing up their data.
f) Educating users about online security best practices.
5.6 Prohibition of Piracy-Related Activities: Wavex has a strict policy against the use of its Services for accessing, promoting, distributing, or supporting websites, platforms, or services that facilitate or engage in the infringement of Intellectual Property Rights, including software piracy, illegal downloading of copyrighted content, and unauthorized streaming. Any such use is strictly prohibited and may result in immediate suspension or termination of the Service without refund, and Wavex reserves the right to cooperate with copyright holders and legal authorities in such matters. Wavex may also implement technical measures to prevent access to such websites or services.
5.7 VPN Usage: While the Customer is permitted to use Virtual Private Network (VPN) applications, Wavex does not guarantee the performance, compatibility, or availability of the Service when used in conjunction with VPNs. Service performance may be affected by VPN protocols and server locations, and Wavex shall not be liable for any degradation of service experienced while using a VPN. The Customer acknowledges that using a VPN does not absolve them of their responsibility to comply with all other terms of this Agreement.
5.8 Network Integrity and Security: The Customer shall not engage in any activity that compromises, attempts to compromise, or is intended to breach the security, availability, or integrity of Wavex’s Network, systems, or other users’ services. This includes, but is not limited to, hacking, unauthorized probing or scanning of ports, denial-of-service attacks (DDoS), the introduction or propagation of malware (viruses, worms, spyware, etc.), or any other malicious activities. Any such activity will be grounds for immediate termination of the Service and potential legal action. Wavex reserves the right to monitor network traffic for security purposes and to take any necessary action to protect its Network.
5.9 Bring Your Own Router (BYOR): For residential and certain SME plans, Wavex may not support the use of Customer-provided routers (BYOR) to ensure optimal network compatibility and service quality. If Wavex mandates the use of its provided CPE, the Customer agrees to comply with this requirement. Using unauthorized routers may lead to service disruptions or incompatibility issues, for which Wavex will not be responsible. Wavex will provide a list of supported routers, if BYOR is allowed.
5.10 Data Protection:
a) Wavex acknowledges its obligations under the Data Protection Act (2019) of Kenya and any other applicable data protection laws and regulations (the “Data Protection Laws”) with respect to the collection, processing, and storage of the Customer’s Personal Data.
b) Wavex shall only collect, process, and store the Customer’s Personal Data for lawful purposes, including but not limited to:
* Providing the Services under this Agreement.
* Managing the Customer’s account and billing.
* Communicating with the Customer regarding service updates, technical issues, and account-related matters.
* Improving the quality of the Services and developing new services.
* Complying with legal and regulatory requirements.
c) Wavex shall implement appropriate technical and organizational measures to ensure the security and confidentiality of the Customer’s Personal Data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technologies and procedures.
d) Wavex will retain the Customer’s Personal Data only for as long as is necessary for the purposes for which it was collected, or as required by applicable laws or regulations.
e) The Customer has the right to access, correct, delete, or restrict the processing of their Personal Data, and to object to the processing of their Personal Data for direct marketing purposes, in accordance with the Data Protection Laws.
f) Wavex may disclose the Customer’s Personal Data to third parties only in the following circumstances:
* With the Customer’s explicit consent.
* To its affiliates, contractors, and service providers who need access to the data to provide the Services, and who are bound by contractual obligations to protect the data.
* To comply with legal or regulatory requirements, or in response to a valid court order or other legal process.
* To protect the vital interests of the Customer or another person.
g) In the event of a data breach, Wavex shall notify the Customer and the relevant data protection authority in accordance with the requirements of the Data Protection Laws.
h) Wavex’s Privacy Policy, which provides more detailed information about how Wavex collects, uses, and protects the Customer’s Personal Data, is incorporated into this Agreement by reference and is available on Wavex’s website. The Customer is advised to review the Privacy Policy carefully.
5.11 Use of Personal Data for Communication:
a) The Customer acknowledges and agrees that Wavex may use their Personal Data, including but not limited to their name, email address, and phone number, to communicate with them regarding the Services. This communication may include:
* Service updates, upgrades, and maintenance notifications.
* Billing information, payment reminders, and account-related matters.
* Technical support and troubleshooting.
* Marketing and promotional offers for new services or products offered by Wavex, subject to the Customer’s consent where required by applicable law.
* Customer satisfaction surveys and requests for feedback.
b) Wavex will provide the Customer with the opportunity to opt-out of receiving marketing and promotional communications, where required by applicable law. The Customer may also manage their communication preferences through their account settings or by contacting Wavex customer support.
c) Wavex will not use the Customer’s Personal Data for direct marketing purposes without the Customer’s consent, where such consent is required by applicable Data Protection Laws.
d) Wavex will ensure that all communications with the Customer comply with applicable laws and regulations, including those relating to unsolicited commercial communications.
5.12 Customer Responsibility for Third-Party Actions: The Customer is responsible for all actions and usage of the Service that occur through their Connection, whether authorized or unauthorized. The Customer shall be liable for any breach of this Agreement arising from such use.
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6. PAYMENTS
6.1 All Charges for internet Services are due and payable by the Customer monthly in advance, unless otherwise specified in the Tariff Guide or a separate agreement. The billing cycle typically commences on the Commencement Date and recurs monthly thereafter.
6.2 If Wavex does not receive full payment of the Monthly Subscription or any other applicable Charges by the due date specified on the invoice or as communicated by Wavex, Wavex reserves the right, without prejudice to its other rights and remedies, to suspend or temporarily disconnect the Service until the outstanding balance is paid in full, including any applicable late payment penalties or reconnection fees. Wavex will make reasonable efforts to notify the customer of impending service suspension.
6.3 Payments for the Services can be made through the various payment methods specified in the invoice or as communicated by Wavex from time to time, which may include electronic funds transfer, mobile money payments, credit/debit cards, or other designated channels. The Customer is responsible for ensuring that their chosen payment method is valid and that sufficient funds are available.
6.4 In the event of non-payment exceeding 30 days from the original due date, Wavex reserves the right to permanently disconnect the Service, terminate this Agreement, and initiate the process for the retrieval of any Wavex-owned CPE from the Customer Premises. Wavex may also pursue legal action to recover any outstanding amounts, including interest, collection costs, and legal fees.
6.5 Wavex reserves the right to levy late payment penalties or interest charges on overdue amounts at a rate to be determined by Wavex and communicated to the Customer. This rate shall be reasonable and in accordance with applicable laws.
6.6 If the Customer disputes any charges on an invoice, they must notify Wavex in writing within 7 days of the invoice date, providing detailed reasons for the dispute. Failure to notify Wavex within this timeframe shall constitute acceptance of the charges. Wavex will investigate the disputed charges, and any adjustments will be made accordingly. During the period of the dispute, the customer is still liable to pay any undisputed amount. If the dispute is resolved in favor of the Customer, Wavex will issue a credit to the Customer’s account or provide a refund using the original payment method, at Wavex’s discretion.
6.7 Wavex reserves the right to modify its pricing and billing practices at any time. Wavex will provide the Customer with at least three (3) days’ prior written notice of any such changes, in accordance with applicable laws. Continued use of the Service after such notice constitutes acceptance of the new pricing or billing practices.
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7. SERVICE INTERRUPTION AND MAINTENANCE
7.1 Wavex strives to maintain consistent and reliable service on a best-effort basis. However, the service is not guaranteed to be error-free, uninterrupted, or free from delays, and may vary depending on network conditions, location, and external factors beyond Wavex’s reasonable control. Wavex does not guarantee any specific uptime or service quality unless explicitly stated in a separate Service Level Agreement (SLA) for dedicated service plans.
7.2 Planned maintenance or network upgrades may cause temporary service disruptions. Wavex will make reasonable efforts to provide the Customer with prior notice of such planned maintenance, where practical, via email, SMS, or website posting. However, Wavex does not guarantee that prior notice will be given in all cases.
7.3 Wavex shall not be held liable for any service interruptions, delays, or failures caused by factors beyond its reasonable control (force majeure), including but not limited to:
a) Acts of God, including but not limited to floods, earthquakes, storms, and other natural disasters.
b) War, terrorism, riots, civil unrest, or other acts of violence.
c) Fire, power outages, or telecommunications failures.
d) Strikes, labor disputes, or other industrial actions.
e) Government actions, regulations, or legal restrictions.
f) Third-party network failures or outages.
g) Vandalism, sabotage, or other malicious acts.
h) Equipment failures or malfunctions that are beyond Wavex’s reasonable control.
i) Cable cuts.
7.4 In the event of a service interruption, Wavex’s sole obligation shall be to use reasonable efforts to restore the Service as soon as reasonably practicable. Wavex shall not be liable for any losses, damages, or inconvenience incurred by the Customer as a result of any service interruption.
7.5 The Customer acknowledges that internet service is subject to inherent limitations and that temporary interruptions may occur. Wavex does not guarantee that the Service will be available at all times or that it will meet the Customer’s specific requirements.
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8. FAULT REPORTING AND SUPPORT
8.1 Customers are encouraged to report service faults or technical issues promptly through official Wavex support channels, which may include telephone, email, online chat, or a customer portal, as specified by Wavex.
8.2 Wavex will respond to service issues within a reasonable time frame based on the nature, severity, and location of the fault, and in accordance with its support service level commitments. Wavex does not guarantee a specific response time unless stated in a separate SLA.
8.3 If a reported issue is found to be caused by Customer negligence, improper use, unauthorized modification of equipment, or third-party equipment or software, Wavex reserves the right to charge the Customer for any repair or troubleshooting services provided. Wavex will inform the customer of potential charges before they are incurred.
8.4 Wavex’s technical support is limited to issues directly related to the Wavex Network and the CPE provided by Wavex. Wavex does not provide support for third-party software, hardware, or applications.
8.5 The Customer agrees to cooperate with Wavex’s technical support personnel in diagnosing and resolving service issues, including providing necessary information and access to the Customer Premises, if required.
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9. AMENDMENTS
9.1 Wavex reserves the right to update, modify, or amend these Terms and Conditions at any time, at its sole discretion, to reflect changes in its business practices, service offerings, legal requirements, or other relevant factors.
9.2 Any such changes, modifications, or amendments shall be communicated to the Customer via email, postal mail, or by posting the revised Terms and Conditions on the official Wavex website. The method of notification will be at Wavex’s discretion.
9.3 The revised Terms and Conditions shall become effective upon the date specified in the notification or, if no date is specified, upon the date of posting on the Wavex website.
9.4 Continued use of the Service by the Customer after the effective date of any such changes shall constitute the Customer’s unconditional acceptance of the revised Terms and Conditions. If the Customer does not agree to the revised Terms and Conditions, they must terminate the Agreement and cease using the Service.
9.5 It is the Customer’s responsibility to regularly check the Wavex website or their email for any updates to these Terms and Conditions.
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10. COMPLIANCE WITH LAW AND COOPERATION WITH AUTHORITIES
Wavex may cooperate with law enforcement or regulatory agencies and disclose Customer information, including usage history, personal data, and communication content, when legally required or upon valid request from authorized government bodies, in accordance with applicable laws and regulations. Such disclosures may be made without prior notice to the Customer, where necessary to comply with legal obligations or to protect the safety of individuals or the public. Wavex will comply with all applicable data protection laws, including any obligations regarding data breach notification.
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11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1 These Terms and Conditions and the provision of the Services shall be governed by and interpreted in accordance with the laws of Kenya.
11.2 Any dispute arising out of or relating to these Terms and Conditions or the provision of the Services shall be resolved through amicable negotiation between the parties. If such negotiation fails, the parties agree to submit the dispute to binding arbitration in accordance with the provisions of the Arbitration Act (Kenya) or any other applicable legislation in Kenya. The arbitration shall be conducted in Nairobi, Kenya, in the English language. The decision of the arbitrator shall be final and binding on both parties.
11.3 Notwithstanding the above, Wavex reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or restrain any breach or threatened breach of this Agreement by the Customer, where monetary damages would be inadequate.
11.4 The prevailing party in any legal action or arbitration relating to this Agreement shall be entitled to recover its reasonable legal fees and costs.
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12. ACCEPTANCE AND SIGNATURE
By subscribing to Wavex services, accessing the Service, or continuing to use the Service, including after any changes to these Terms and Conditions as per Section 9, the Customer confirms that they have read, understood, and unconditionally agreed to these Terms and Conditions in their entirety. This Agreement constitutes the entire agreement between Wavex and the Customer and supersedes all prior agreements, understandings, or representations, whether oral or written.
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13. INDEMNIFICATION
The Customer agrees to indemnify, defend, and hold harmless Wavex, its officers, directors, employees, agents, and affiliates from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
a) The Customer’s use of the Service.
b) The Customer’s breach of this Agreement.
c) The Customer’s violation of any applicable laws or regulations.
d) The Customer’s negligence or willful misconduct.
e) Any claims brought by third parties relating to the Customer’s use of the Service, including but not limited to claims of copyright infringement, defamation, or invasion of privacy.
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14. LIMITATION OF LIABILITY
14.1 To the maximum extent permitted by applicable law, in no event shall Wavex be liable to the Customer or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to the use of or inability to use the Service, even if Wavex has been advised of the possibility of such damages.
14.2 Wavex’s total cumulative liability to the Customer for any and all claims arising out of or relating to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount of fees paid by the Customer to Wavex for the Service during the 1 month period immediately preceding the date on which the claim arose.
14.3 The limitations of liability set forth in this Section 14 shall apply to the fullest extent permitted by applicable law, and shall not apply to the extent prohibited by law.
14.4 Disclaimer of Warranties: To the fullest extent permitted by applicable law, Wavex makes no warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Service is provided “as is” and “as available.”
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15. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, and the remaining provisions shall continue in full force and effect. The parties shall negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves the intended economic and legal effect of the original provision.
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16. WAIVER
No waiver by Wavex of any breach of this Agreement by the Customer shall be deemed a waiver of any subsequent breach of the same or any other provision. No delay or failure on the part of Wavex to exercise any right or remedy under this Agreement shall operate as a waiver thereof. Any waiver must be in writing and signed by an authorized representative of Wavex to be effective.
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17. FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by a Force Majeure event, as defined in Section 7.3.
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18. NO THIRD-PARTY BENEFICIARIES
This Agreement is for the sole benefit of Wavex and the Customer, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
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19. COMPENSATION AND REFUNDS
19.1 Service Availability: Wavex strives to provide reliable and high-quality Service. However, the provision of the Service is on a “best-effort” basis, as detailed in Section 7, and Wavex does not guarantee that the Service will be error-free, uninterrupted, or available at all times.
19.2 Compensation:
a) Any compensation offered to the Customer for Service interruptions or degradation shall be at the sole and absolute discretion of Wavex.
b) The Customer acknowledges and agrees that they are not entitled to any automatic compensation for Service interruptions.
c) If Wavex, in its sole discretion, decides to provide compensation, such compensation may be in the form of:
* Extension of the Service expiry date, or
* A credit note applied to the Customer’s account.
d) The type and amount of any compensation shall be determined by Wavex on a case-by-case basis, taking into account factors such as the duration and severity of the interruption, and the impact on the Customer.
e) Wavex’s decision regarding compensation shall be final and binding on the Customer.
19.3 Refunds:
a) Monthly Subscription fees are paid in advance for the provision of the Service.
b) In the event that the Customer terminates this Agreement, any prepaid Monthly Subscription fees for the remaining portion of the billing cycle are strictly non-refundable, as stated in Section 2.3.c) No refunds shall be provided for any period during which the Service was available and used by the Customer, even if the Customer experiences dissatisfaction with the Service.
d) Where invoices have been generated for Services rendered, the Customer remains liable for the full amount due, regardless of any subsequent service interruptions or termination, unless otherwise agreed in writing by Wavex.
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20. MONITORING AND INSPECTION
20.1 Bandwidth Measurement: Wavex measures and calculates bandwidth usage via RADIUS and its billing system.
20.2 Right to Inspect: Wavex reserves the right to inspect the Customer Premises and/or Customer Premises Equipment (CPE) to:
a) Verify compliance with the terms of this Agreement, including the Acceptable Use Policy and Fair Usage Policy.
b) Investigate suspected violations of this Agreement.
c) Facilitate the collection of Wavex-owned CPE upon termination of the Agreement.
d) Ensure the proper functioning and configuration of the Service.
20.3 Such inspection shall be conducted at a reasonable time and with reasonable prior notice to the Customer, except in cases where Wavex has reasonable grounds to believe that there is an immediate threat to the integrity or security of the Network, or a violation of law, in which case no prior notice is required.
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21. SERVICE MODIFICATION OR DISCONTINUATION
Wavex reserves the right to modify, suspend, or discontinue the Service (or any part thereof), including features, content, or availability, at any time. Wavex will provide reasonable notice of such changes when it deems it necessary. Wavex shall not be liable to the Customer or any third party for any modification, suspension, or discontinuance of the Service.
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22. AGREEMENT TRANSFER
The Customer may not transfer or assign this Agreement or any of their rights or obligations under it to any other person or entity without the prior written consent of Wavex. Any attempt to do so without Wavex’s consent shall be null and void. The Customer acknowledges that the account remains in the custody of the person who registered the account. The primary contact person registered on the account is the only person authorized to make changes to the account.
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23. DATA RETENTION
Wavex retains all Customer Data for varying periods, depending on the type of data and the purpose of processing. Wavex’s data retention policy is as follows:
* Account data is retained for the duration of the service agreement and indefinitely thereafter for administrative and customer service purposes.
* Billing data is retained to comply with tax and accounting regulations.
* Usage data is retained for network management and optimization.
* Data related to legal disputes or investigations may be retained for longer periods until the matter is resolved.
* Data is retained in accordance with the Data Protection Act (2019) of Kenya and other applicable laws.
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For more information, support, or inquiries:
Wavex Internet Service Provider LTD
Email: info@wavex.co.ke |
Website: www.wavex.co.ke
Fair Usage Policy
WaveX Internet Service Provider LTD (“WaveX ISP“) is dedicated to providing reliable, high-quality internet services to all customers. To maintain consistent service quality and fairness for everyone, we implement this Fair Usage Policy (FUP). This policy outlines how we manage network usage, prevent abuse, and optimize performance for all users.
1. Purpose of the Fair Usage Policy
Internet bandwidth is a shared resource. Excessive or unreasonable use by some individuals can negatively affect the experience of other customers. This policy ensures fair and equitable access to WaveX ISP services by clearly defining acceptable usage parameters and preventing network congestion and degradation.
1.2 Selecting the Right Package:
Customers are responsible for selecting service plans that align with their actual internet usage needs.
* Home plans are designed for typical residential activities, including web browsing, email, social media, standard definition video streaming, and light downloading. Residential use is defined as the use of the Service within a private dwelling for personal and non-commercial purposes. Any use of the Service for commercial activities, including but not limited to operating a business, providing public Wi-Fi, or engaging in income-generating activities, is a breach of the terms of this Agreement.
* BizLiteX plans are tailored for shared business environments with moderate usage, such as email, web browsing, cloud-based applications, and occasional video conferencing. These plans are subject to this Fair Usage Policy.
* Customers requiring consistently high usage, guaranteed bandwidth, or mission-critical internet access should consider our dedicated business packages with Service Level Agreements (SLAs).
Selecting an unsuitable plan, such as using a home package for business purposes with high bandwidth demands, may lead to service interruptions, reduced performance for other users, and potential enforcement of this FUP.
2. Nature of Service and Service Levels
2.1 Best Effort Service: WaveX ISP’s home fibre and BizLiteX plans are provided on a “best-effort” basis. While we strive to provide consistent speeds and reliable service, actual performance may vary due to factors beyond our direct control, including but not limited to:
* Network congestion during peak hours
* Technical constraints of the network infrastructure
* Distance from the network node
* The capabilities of the Customer’s equipment and internal network
* Internet routing and traffic conditions
* External factors such as power outages or natural disasters.
WaveX does not guarantee specific speeds or uninterrupted connectivity at all times for best-effort service plans. Customers with dedicated business packages that include explicit Service Level Agreements (SLAs) are provided with guaranteed service levels as defined in their respective agreements.
2.2 “Unlimited” Plans – Clarification: Where “unlimited internet” is advertised, it means there are no fixed data caps on the total amount of data that can be consumed within a billing cycle. However, all usage remains subject to this Fair Usage Policy. Sustained usage that is significantly above normal residential or SME thresholds, or that negatively impacts the Network or other customers, may trigger network management interventions as described below. “Unlimited” does not mean unconstrained or ungoverned usage.
3. Usage Thresholds and Network Optimization
WaveX ISP employs internal usage thresholds and monitoring systems designed to optimize network performance, ensure fair resource allocation, and prevent network congestion for all users. These thresholds are based on average customer usage patterns and network capacity.
Customers whose daily or monthly data usage significantly exceeds typical residential or SME levels, or who engage in activities that consume disproportionately large amounts of bandwidth, may experience network management measures.
While these thresholds are in place, they are primarily intended to discourage service abuse, such as unauthorized service resale, redistribution, or excessive downloading that degrades the experience of other customers. Normal household or SME usage typically remains unaffected, and in legitimate high-use scenarios (e.g., work-from-home requiring extensive video conferencing, multiple users streaming simultaneously, or temporary large file transfers), WaveX may, at its discretion, manually review and, if appropriate, temporarily adjust or remove any throttling or deprioritization to ensure continued access. Customers are encouraged to contact Wavex support in such situations.
Examples of usage patterns that may be considered excessive and potentially in violation of this FUP include, but are not limited to:
Sustained high-volume downloading or uploading significantly above average customer usage patterns for extended periods.
Continuous, high-volume data transfer, including but not limited to peer-to-peer (P2P) file sharing, that consumes excessive bandwidth and impacts overall network performance.
Running servers or hosting services that generate significant upstream traffic from a residential or SME connection.
Using the Service for commercial purposes not permitted under the Customer’s service plan.
Any activity that disrupts the normal flow of network traffic or degrades the service quality for other customers.
4. Automatic Traffic Management
WaveX ISP utilizes automated systems to detect and manage heavy or unusual usage patterns. If a Customer’s usage surpasses established thresholds, their connection speed may be automatically reduced (throttled), their traffic may be deprioritized during periods of network congestion, or other network management techniques may be employed to optimize overall network performance and ensure a consistent experience for all users.
In cases where usage is determined to be abusive, including but not limited to unauthorized service resale, redistribution, or activities that violate Section 5 (Prohibited Activities) below, WaveX may, at its sole discretion, suspend the Customer’s account temporarily or permanently, without prior notice.
5. Prohibited Activities
The following practices are strictly prohibited and may result in immediate throttling, suspension, or termination of the Customer’s Service, without prior notice, and potential legal action:
Reselling, redistributing, sub-licensing, or sharing WaveX internet services or any part thereof with any third party, without the express prior written consent of WaveX.
Engaging in any activities that directly or indirectly support, facilitate, or promote piracy, copyright infringement, or other illegal or unauthorized use of Intellectual Property Rights, including but not limited to downloading, uploading, streaming, or distributing copyrighted material without proper authorization.
Operating servers or large-scale file-sharing networks (e.g., BitTorrent) from residential or SME connections, that generate excessive upstream traffic and negatively impact network performance.
Using the Service for any unlawful purpose, including but not limited to fraud, harassment, spamming, or the transmission of illegal content.
Attempting to bypass or circumvent any security measures or usage restrictions implemented by WaveX.
Engaging in any activity that disrupts, degrades, impairs, or interferes with the operation or performance of the WaveX Network or the services provided to other customers, including but not limited to denial-of-service attacks, hacking, or the introduction of malware.
Using the Service to send unsolicited commercial communications (spam), including but not limited to email spam, SMS spam, or other forms of electronic spam.
Using the Service for any activity related to the development, production, or distribution of weapons of mass destruction.
WaveX ISP may not support Bring Your Own Router (BYOR) for home fibre and certain SME plans, as it can affect network compatibility and service quality. Customers are required to use WaveX-provided CPE, and using unauthorized devices may result in network management actions, service disruptions, or termination of the Agreement.
6. Dedicated Services and SLA Exemption
6.1 Dedicated Services and SLA Exemption: WaveX ISP’s dedicated internet plans, which are covered explicitly under separate Service Level Agreements (SLAs), are exempt from the specific usage restrictions outlined in this Fair Usage Policy. Dedicated service customers receive guaranteed service levels, bandwidth allocation, and performance metrics as defined in their individual agreements.
6.2 Importance of Dedicated Plans: Customers with business-critical needs, high-volume data transfer requirements, or consistently high internet usage are strongly advised to select dedicated internet plans with SLAs. Dedicated packages are specifically structured to accommodate intensive business usage, provide guaranteed service levels, and offer enhanced support. Choosing an inappropriate package based solely on price can negatively impact the Customer’s experience and may result in the application of this FUP.
7. Transparency and Customer Self-Monitoring
WaveX ISP believes in transparency and encourages customers to monitor their own usage. Customers are encouraged to monitor their data usage through the WaveX customer portal, mobile application (if available), or other tools provided by WaveX. Regular self-monitoring can help customers stay within fair usage limits, understand their consumption patterns, and avoid unexpected service management measures. WaveX is committed to working with its customers to ensure a positive and productive internet experience.
8. WaveX’s Discretion and Liability Disclaimer
WaveX ISP reserves the sole and absolute discretion to interpret, apply, and enforce this Fair Usage Policy. WaveX’s determination of whether a Customer’s usage violates this FUP shall be final and binding. By subscribing to WaveX services, customers agree that WaveX ISP shall not be liable for any direct or indirect losses, damages, or inconvenience resulting from service interruptions, reduced speeds, account suspension, or termination, or any other network management measures taken in accordance with this policy.
9. Policy Updates
WaveX ISP may update, modify, or amend this Fair Usage Policy periodically, at its sole discretion, to reflect changes in network conditions, technology, customer usage patterns, or other relevant factors. WaveX will provide reasonable notice of significant changes to this policy, where practical, via email, customer portal notifications, or website postings. The latest version of this FUP will always be accessible on the WaveX ISP website. Continued use of the Service after such notification constitutes acceptance of the updated FUP.
10. Contact Information
If you have any questions or require clarification about this Fair Usage Policy, please contact us:
Phone: 0709 791 000
Email: billing@wavex.co.ke
Website: www.wavex.co.ke