Terms and Conditions
Please read the following information carefully before using this service. You may not use the service without accepting these Terms and Conditions. By your subscription to the service, you accept these Terms and Conditions.
Welcome to high-speed Internet access technology provided by Next Thing Networks Networks Limited (“Next Thing Networks”). These terms and conditions of use govern your and Next Thing Networks respective rights and responsibilities relating to the use of the Internet at any Enabled Location (the “Terms and Conditions”). For the purposes of these Terms and Conditions and the preamble above, unless the context requires otherwise:
“Acceptable Use Policy” or “AUP” means the policy setting out acceptable uses of the Internet and more fully described under “Undertakings in relation to “Acceptable Use Policy” below;
“billing period” means the number of days for which a Internet Package purchased from Next Thing Networks Ltd
Description of Internet /Service Availability
Next Thing Networks will provide access to the Internet at the Enabled Locations. Before and on signing up, you will be asked to consult terms and conditions on our website.
Next Thing Networks will provide you with the necessary support and connection information through its website (www.nextthingnetworks.co.ke) or through fliers distributed at the Enabled Locations, SMS or phone calls.
The Internet packages are designed to provide speeds up to the maximum value assigned to that package. This is because the link you are using is shared on a ratio of 1:4 as opposed to being a dedicated link. Therefore, if for example you have subscribed for a 10 Mbps package, you are guaranteed speeds of 2.5 Mbps. The actual speed varies at any given time, depending on the activity of the other users sharing the network. Next Thing Networks, however, designs the network such that the average speed experienced is commensurate with normal use for the number of users recommended for your plan. Dedicated services are also available on request.
Billing period is 30 days.
Access to Internet
During the term of this Agreement, you have provided and will provide to Next Thing Networks information that is accurate, complete and current, including without limitation your legal name, address, telephone number/s for purposes of billing and customer support.
Your account needs to be in ACTIVE status. Payment remainders with instruction on how to pay will be sent to you 5 days before due date. Your account will be suspended after due date if not payment is received. Reactivation of the account is done by making payments.
Next Thing Networks does not screen or restrict access to any content placed on or accessible through the internet. Access restriction is applied to suspended accounts.
Disruption of Service. The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption of the Services could lead to severe injury to business, persons, property or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property
Acceptable Use Policy
The AUP is intended to prevent unacceptable uses of the internet and is not a closed list of conduct which would amount to unacceptable use of the Internet.
You agree to not use the Next Thing Networks infrastructure to:
transmit any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
harm, or attempt to harm, minors in any way;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Internet;
transmit any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Internet or servers or networks connected to the Internet, or disobey any requirements, procedures, policies or regulations of networks connected to the Internet;
intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
“stalk” or otherwise harass another;
collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
resell the Internet without written authorization from Next Thing Networks; and
use the Internet System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
Next Thing Networks may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of your access to the Internet.
Disclosure of Information
You understand that Next Thing Networks is entitled to disclose some or all of your communications and activities when using the Internet:
in response to lawful requests by governmental authorities, including judicial orders.
You agree that Next Thing Networks may terminate this Agreement and cancel your access to the Internet with a 30 day notice and at any time for reason including, but not limited to, a violation of any of the Terms and Conditions, security or safety reasons, and/or using the Internet to perform any illegal activity. You further agree that in the event of termination for any reason, Next Thing Networks will have no liability to you.
The client can terminate the agreement at end of his or her account billing period. If termination takes place before account due date, no reimbursement will be done.
Service Level Agreement
The scope of support is limited to with Next things Network core and radio infrastructure up to the customer premise equipment.
All Critical faults related to the fiber & wireless network within our infrastructure will be resolved with a period of upto 24 hours from time of official reporting.
All Major faults affecting the core and radio infrastructure will be resolved within a duration of 8 to 36 hours.
For minor complaints affecting single user account Next Thing Networks shall endeavour to resolve the technical issue within 1 hour. Remote troubleshooting shall be used. Onsite visit to fix issue shall be done within a time frame of upto 36 hours.
For critical and major cases, if the malfunction persists and is attributable to equipment or network parts controlled by Next Thing Networks, the customer will be kept regularly informed and Next Thing Networks Help Desk will, as developments occur or within:
(i) Two (2) hour, issue a status report
(ii) Four (4) hours, issue an updated status report
(iii) Eight (8) hours, issue a written statement signed by the Next Thing Networks Customer Service manager or her / his representative, on how the problem will be solved and when results can be expected.
Compensation for outage will be done by extending the expiration due of customer account by number of days the client has not had service in cases Next Thing Networks breaches the SLA.
The customer support team is reachable on 0207903950 [email protected] and [email protected] or by opening a support ticket on your client portal that is availed to you when signing up of the internet service.
Next Thing Networks may, at its sole discretion, modify these Terms and Conditions. Notification of changes will be done to clients via SMS one month in advance. You undertake to periodically review the Next Thing Networks website page to maintain awareness of any modifications to the Terms and Conditions.
By continuing to use the Internet after the Terms and Conditions have been updated, you accept and agree to any and all such modifications of the Terms and Conditions. If you find the change unacceptable, you have the right to cancel your services.
You hereby agree to defend, indemnify and hold Next Thing Networks and its corporate affiliates and their respective officers, directors, stockholders, employees, agents, and successors harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Internet or any breach of these Terms and Conditions.
Governing Law and Jurisdiction
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Kenya. Each party irrevocably agrees that the courts of the Republic of Kenya shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).