1
Service Agreement & Acceptance
1.1 Agreement to Terms
By accessing or using DuaraNet's fiber internet services, you confirm that you have read, understood,
and agree to be bound by these Terms of Service. If you are entering into these terms on behalf of a
company or other legal entity, you represent that you have the authority to bind such entity.
1.2 Service Description
DuaraNet provides high-speed fiber internet access services ("Service") to residential and business
customers in our coverage areas. The Service includes internet connectivity, associated equipment
(as specified in your service plan), and technical support.
1.3 Account Registration
To use our Service, you must provide accurate, complete registration information and maintain
the accuracy of such information. You are responsible for all activities that occur under your
account and for keeping your password secure.
2
Payment & Billing Terms
2.1 Service Fees
You agree to pay all fees associated with your service plan, including monthly subscription fees,
installation charges (if applicable), equipment fees, and any applicable taxes. Fees are payable
in advance for each billing cycle.
Standard Billing
Monthly invoices issued on the 1st of each month. Payment due within 14 days.
Late Payments
Late payments incur a 5% penalty. Service may be suspended after 30 days overdue.
2.2 Payment Methods
We accept payments via M-Pesa, bank transfer, credit/debit cards, and other approved payment
methods. You authorize us to charge the selected payment method for all applicable fees.
2.3 Price Changes
We may change our fees with 30 days prior notice. Continued use of the Service after price
changes constitutes acceptance of the new pricing.
This Acceptable Use Policy is an integral part of our Terms of Service. Violations may result
in service suspension or termination without refund.
Permitted Uses
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Personal and business communications
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Streaming and content consumption
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Online gaming and entertainment
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Remote work and teleconferencing
Prohibited Activities
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Illegal or unlawful activities
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Spam or bulk email distribution
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Copyright infringement
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Network attacks or hacking attempts
3.1 Network Security
You are responsible for securing your network and devices connected to our Service. This includes
using strong passwords, keeping software updated, and implementing appropriate security measures.
4.1 Service Availability
While we strive for maximum uptime, the Service may be temporarily unavailable for maintenance,
upgrades, or due to circumstances beyond our control. We provide uptime guarantees as specified
in Service Level Agreements for applicable plans.
4.2 Fair Usage Policy
Our Service is subject to reasonable usage limits to ensure network performance for all customers.
Excessive usage that negatively impacts network performance may result in temporary speed reductions
or requests to modify usage patterns.
Network Management
We employ reasonable network management practices to optimize service for all users.
This may include traffic prioritization during congestion to maintain essential services.
4.3 No Guarantee of Specific Results
Actual internet speeds may vary based on network conditions, device capabilities, and other factors.
Advertised speeds represent maximum potential speeds under ideal conditions.
5
Equipment & Installation
5.1 Provided Equipment
DuaraNet provides necessary equipment for Service operation, including ONT (Optical Network Terminal)
and Wi-Fi router as specified in your service plan. This equipment remains property of DuaraNet.
5.2 Installation
Professional installation will be scheduled at a mutually agreed time. You must provide safe access
to the installation location and ensure an adult (18+) is present during installation.
Equipment Care
You are responsible for reasonable care of provided equipment. Damage beyond normal wear
may result in replacement fees.
Return Policy
Equipment must be returned in good condition upon service termination. Unreturned equipment
will be charged to your account.
5.3 Self-Installation Kits
For eligible locations, self-installation kits may be provided. You assume responsibility for
proper installation and any issues arising from incorrect installation.
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Termination & Suspension
6.1 Customer Termination
You may terminate service by providing 30 days written notice. Early termination of fixed-term
contracts may incur early termination fees as specified in your service agreement.
6.2 DuaraNet Termination Rights
We may suspend or terminate service for: (a) non-payment, (b) violation of these Terms,
(c) fraudulent activity, or (d) other reasonable cause with appropriate notice where feasible.
Immediate Suspension
We reserve the right to immediately suspend service without prior notice for activities that
threaten network security, violate laws, or cause severe network disruption.
6.3 Effect of Termination
Upon termination, all rights granted under these Terms end immediately. You must return all
DuaraNet equipment, pay all outstanding charges, and we will cease providing the Service.
7.1 Service Warranty
We warrant that the Service will be provided with reasonable care and skill. However, the Service
is provided "as is" and "as available" without warranties of any kind, either express or implied.
7.2 Limitation of Liability
To the maximum extent permitted by law, DuaraNet shall not be liable for any indirect, incidental,
special, consequential, or punitive damages, or any loss of profits or revenues.
Maximum Liability
Our maximum aggregate liability shall not exceed the total fees paid by you for the
Service in the six months preceding the claim.
Force Majeure
We are not liable for delays or failures in performance resulting from causes beyond
our reasonable control.
7.3 Indemnification
You agree to indemnify and hold harmless DuaraNet from any claims, damages, or expenses arising
from your use of the Service or violation of these Terms.
8.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Kenya, without
regard to its conflict of law provisions.
8.2 Dispute Resolution
Any disputes arising from these Terms shall first be attempted to be resolved through good faith
negotiation. If unresolved, disputes shall be submitted to mediation in Nairobi, Kenya.
Modification of Terms
We may modify these Terms at any time. Continued use of the Service after modifications
constitutes acceptance of the revised Terms. Material changes will be communicated via email
or through our website.
8.3 Entire Agreement
These Terms, together with our Privacy Policy and any service-specific agreements, constitute
the entire agreement between you and DuaraNet regarding the Service.
8.4 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain
in full force and effect.