TERMS AND CONDITIONS OF USE AND SERVICE

Effective Date: 2 April 2026

These Terms and Conditions of Use and Service (“Terms”) govern access to and use of the website operated by MPAPS Internet Solution Ltd (“MPAPS”, “we”, “us” or “our”) and, unless a separate written agreement states otherwise, they also govern enquiries, quotations, orders, account opening, service activation, and the supply of connectivity, bandwidth, hosting, support and related services by MPAPS.

By using our website, requesting a quotation, placing an order, submitting your details, paying an invoice, accepting a proposal, or using any service we provide, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use our website or our services.

1. Who we are

MPAPS Internet Solution Ltd is a business technology and connectivity provider operating in Kenya. We provide services that may include business internet access, wholesale or reseller bandwidth, backup connectivity, hosting, structured network support, advisory services and related solutions.

For legal and operational purposes, “Customer” means the person or organisation that visits our website, requests information, signs up for a service, or receives services from us. Where the Customer is a company, partnership, school, SACCO, apartment operator, hotspot operator, reseller, small ISP or any other organisation, the person accepting these Terms confirms that they have authority to bind that entity.

2. Scope of these Terms

These Terms apply in two ways:

2.1 Website use. They govern all visitors, leads, applicants, subscribers and other users of our website and online forms.

2.2 Commercial services. They also govern the supply of services by MPAPS unless we and the Customer have signed a separate agreement such as a master services agreement, service order, reseller agreement, service level agreement, quotation acceptance, purchase order acceptance, or project statement of work.

2.3 Contract hierarchy. If there is a conflict between these Terms and a separately signed written agreement, the signed written agreement will prevail only to the extent of the conflict. In every other respect, these Terms will continue to apply.

3. Eligibility and authority

You may use our website and services only if you have legal capacity to do so. If you act for a business, institution or other organisation, you warrant that you are properly authorised to submit information, receive proposals, place orders and accept contractual terms on that organisation’s behalf.

We may request proof of identity, business registration documents, tax details, address confirmation, technical contact information, or other onboarding information before we issue a final quotation or activate services.

4. Quotations, proposals and feasibility

All quotations, proposals, budgets, speed plans, service descriptions, estimated timelines and technical recommendations issued by us are subject to confirmation, feasibility, stock availability, technical survey results, landlord or site approvals, wayleave access, power availability, upstream capacity and payment compliance.

A quotation does not bind us until:

1. we confirm service feasibility;
2. the Customer accepts the commercial terms in a form acceptable to us;
3. any required deposit, installation charge or first invoice is paid; and
4. we approve onboarding and account setup.

We reserve the right to decline any order, suspend onboarding, or revise a proposal where there is a technical, commercial, regulatory, security or compliance concern.

5. Nature of services

Unless expressly stated in a signed service level agreement, all speeds, latency references, coverage references, uptime targets, delivery windows and performance estimates are provided on a reasonable efforts basis and are not absolute guarantees.

Service performance may be affected by factors outside our direct control, including fibre cuts, vandalism, landlord restrictions, power instability, tower or rooftop access issues, weather, upstream carrier outages, equipment faults, congestion beyond our network edge, cyber incidents, customer-side cabling, Wi-Fi limitations, third-party platforms and force majeure events.

Where a Customer requires committed service levels, redundancy, public IP allocations, dedicated capacity, managed monitoring, failover, data centre services or any other enhanced service commitment, those items must be expressly included in a separate signed schedule or order.

6. Customer obligations

The Customer agrees to:

1. provide complete, accurate and up-to-date information;
2. cooperate with surveys, installation and support processes;
3. provide timely and safe site access, including roof, riser, cabinet, duct, wall, mast, ceiling or equipment room access where needed;
4. obtain any landlord, building management, estate, county, utility or internal approvals required at the Customer site;
5. maintain suitable power, environmental conditions, cabling and internal network readiness unless we have agreed to provide those items;
6. keep login credentials, equipment and account information secure;
7. use the services lawfully and responsibly; and
8. promptly report faults, misuse, security incidents, theft, damage or suspected compromise.

The Customer is responsible for all activity that occurs on its account or through its internal network, whether carried out by staff, guests, tenants, contractors, downstream users or end users.

7. Reseller, wholesale and partner terms

Where the Customer purchases bandwidth or services for resale, onward distribution, hotspot use, apartment sharing, branch redistribution or ISP purposes, the following additional terms apply:

7.1 No agency. The Customer acts as an independent contractor and not as our agent, representative, franchisee, employee or partner.

7.2 No authority to bind us. The Customer may not make promises, warranties, credits, refunds, service commitments or regulatory representations on our behalf unless we have expressly authorised that in writing.

7.3 No exclusivity. Unless we expressly agree otherwise in writing, no territory, customer segment or commercial exclusivity is granted.

7.4 Downstream responsibility. The Customer remains solely responsible for its own contracts with downstream customers, tenant users, hotspot users, branches or subscribers, including billing, support, lawful use, data handling, content moderation and customer communication.

7.5 Compliance. The Customer must comply with all laws and regulatory requirements applicable to its resale or redistribution activities, including any licensing, registration, consumer, cyber, tax and data protection obligations that may apply to its own business model.

7.6 Suspension cascade. If misuse, non-payment, fraud, security abuse or regulatory exposure arises through the reseller or wholesale account, we may suspend the relevant service immediately, whether or not the end user is directly contracted with us.

8. Acceptable use

The Customer must not use, or allow any other person to use, our website or services:

1. for unlawful, fraudulent, deceptive or abusive purposes;
2. to send spam or unsolicited bulk communications;
3. to distribute malware, ransomware, spyware or malicious code;
4. to interfere with networks, systems, services or lawful communications;
5. to attempt unauthorised access, interception, scanning or exploitation;
6. to host, distribute or transmit material that is illegal, defamatory, abusive, hateful or infringing;
7. in a way that threatens the stability, security or reputation of our network;
8. in a way that breaches intellectual property, confidentiality or privacy rights; or
9. in a way that exposes us to complaints, sanctions, takedowns, chargebacks, law-enforcement action or regulatory risk.

We may investigate suspected misuse and may cooperate with lawful requests from regulators, courts, law enforcement agencies, upstream providers and other competent authorities.

9. Pricing, invoicing and payment

Unless otherwise stated in writing:

1. installation, activation, equipment, setup and monthly recurring charges are payable as invoiced;
2. monthly services are billed in advance;
3. usage-based or excess charges, where applicable, are billed after they arise;
4. all prices are exclusive of VAT and other taxes, duties, levies or statutory charges unless expressly stated otherwise;
5. invoices are due on the due date stated on the invoice; and
6. payments made to us are non-refundable except where mandatory law requires otherwise or we expressly agree in writing.

If the Customer disputes an invoice, it must notify us in writing before the due date with full reasons and supporting detail. The undisputed portion must still be paid on time.

If payment is late, we may charge interest at the lower of 2% per month or the highest lawful rate permitted, and we may recover reasonable collection costs, legal costs, site recovery costs and reconnection costs.

10. Suspension rights

We may suspend all or part of the website, any account, or any service immediately if:

1. payment is overdue;
2. we reasonably suspect fraud, illegal activity, abuse or network misuse;
3. the Customer breaches these Terms or any service order;
4. there is a threat to the security, performance or integrity of our systems or third-party infrastructure;
5. we are required to do so by law, court order, regulator, upstream provider or competent authority;
6. the Customer fails to provide required onboarding, compliance or KYC information; or
7. continued service would expose us to financial, legal, operational or reputational risk.

Where practical, we will try to give prior notice. Where urgent action is required, we may suspend first and notify later.

Suspension does not waive our right to collect all sums due.

11. Term, renewal and termination

A service runs for the minimum term stated in the applicable order, quotation acceptance, invoice, service schedule or signed agreement. If no minimum term is stated, the service runs month to month from activation.

Unless otherwise agreed:

1. either party may terminate a month-to-month service by giving at least thirty days’ written notice;
2. fixed-term services may not be terminated for convenience before the expiry of the agreed minimum term unless we agree in writing;
3. if the Customer terminates early, all outstanding fees for the notice period, any committed minimum term, unamortised installation costs, unrecovered equipment costs and any third-party cancellation charges become immediately payable;
4. we may terminate immediately for serious breach, repeated breach, insolvency, unlawful use, fraud or prolonged non-payment.

On termination, the Customer must immediately cease use of the service, settle all outstanding charges, and return any equipment that belongs to us in good working condition, fair wear and tear excepted.

12. Equipment and site property

Any router, radio, ONU, modem, switch, cabinet, antenna, structured device or other equipment supplied by us remains our property unless we expressly sell it to the Customer in writing.

The Customer must:

1. keep the equipment safe and in good condition;
2. not tamper with, move, resell, part with possession of, reverse engineer or interfere with it;
3. permit us reasonable access to inspect, maintain, replace or recover it; and
4. pay the replacement or repair cost for loss, theft, misuse, negligence, tampering or avoidable damage.

We are not responsible for faults caused by the Customer’s own internal network, poor cabling, unmanaged third-party devices, unstable power, unsuitable environment or unauthorised changes.

13. Website content and intellectual property

All content on the website, including text, branding, layout, logos, graphics, service descriptions, downloads, designs, know-how and other materials, belongs to us or to our licensors unless otherwise stated.

You may view and use our website for lawful business information and enquiry purposes only. You may not reproduce, scrape, republish, mirror, exploit, reverse engineer or commercially use any part of the website without our prior written consent.

Any feedback, suggestions, improvements or ideas you send us may be used by us without restriction or payment, provided we do not use your personal data in a way that breaches applicable law.

14. Confidentiality

Each party may receive non-public commercial, technical, financial, operational or customer-related information from the other. Each party agrees to keep such information confidential and to use it only for the purpose for which it was disclosed.

We may disclose confidential information where disclosure is reasonably necessary to our employees, contractors, professional advisers, financiers, insurers, upstream carriers or subcontractors on a need-to-know basis, or where disclosure is required by law, court order or regulatory direction.

This clause does not apply to information that is already public through no breach, was lawfully known before disclosure, or is independently developed without use of the other party’s confidential information.

15. Data protection and privacy

We process personal data in connection with website enquiries, account opening, service delivery, support, billing, fraud prevention, compliance, technical monitoring, cookies, analytics, service notices and lawful business operations.

Each party shall comply with applicable data protection law in Kenya to the extent it applies to that party’s activities.

Unless a separate written data processing agreement states otherwise:

1. each party acts as an independent data controller for the personal data it collects and uses for its own business purposes;
2. the Customer warrants that any personal data it shares with us has been collected lawfully and may lawfully be shared for onboarding, support, billing, troubleshooting and service delivery;
3. we may use contractors, data centres, cloud providers, support tools, payment providers and other service providers to help us deliver services;
4. we may process technical logs, service usage data, contact data, site access records and support records as reasonably necessary for service operation, protection of the network, compliance and dispute handling;
5. we may retain records for as long as reasonably necessary for legal, tax, regulatory, operational, evidential and security purposes; and
6. where cross-border processing or storage is necessary, it will be handled subject to applicable legal requirements.

While we apply reasonable organisational and technical safeguards, no website, network or transmission method is completely secure. The Customer accepts that security is a shared responsibility and remains responsible for its own internal systems, passwords, endpoint protection, encryption, staff controls and data backups unless we have expressly agreed to manage those items.

16. Cookies and electronic communications

Our website may use cookies, analytics tools, embedded content, forms, CRM tools and similar technologies to operate the site, remember preferences, measure performance and improve user experience.

By using the website, you consent to receive service-related communications from us electronically, including quotations, invoices, onboarding requests, maintenance notices, account notices and support updates, unless mandatory law requires another form of communication.

Marketing communications may be sent where permitted by law and may be unsubscribed from through the channel provided.

17. Third-party services and links

Our website or services may rely on or connect to third-party infrastructure, software, power, colocation facilities, landlords, cloud providers, payment processors, towers, fibre owners or upstream carriers.

We are not liable for the acts, omissions or failures of independent third parties except to the extent that liability cannot lawfully be excluded.

Links to third-party websites are provided for convenience only. We do not control or endorse third-party websites and are not responsible for their content, availability or practices.

18. Warranties disclaimer

To the maximum extent permitted by law:

1. the website is provided on an “as is” and “as available” basis;
2. all implied warranties, conditions and representations not expressly stated in writing are excluded;
3. we do not warrant that the website or services will be uninterrupted, error-free, always available, or suitable for every Customer purpose; and
4. the Customer is responsible for assessing whether a service is fit for its own technical, operational and commercial needs.

No statement by any sales representative, installer, support staff or agent will amount to a warranty unless expressly confirmed in writing by an authorised officer of MPAPS.

19. Limitation of liability

To the fullest extent permitted by law, MPAPS will not be liable for any indirect, incidental, consequential, special, punitive or exemplary loss, including loss of profit, revenue, opportunity, business, contracts, goodwill, data, reputation or anticipated savings.

Our total aggregate liability arising out of or in connection with the website, any quotation, any order, or any service during any twelve-month period will not exceed the total amount actually paid by the Customer to us for the affected service during the three months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by proven negligence, fraud, or any other liability that mandatory Kenyan law does not permit a party to exclude.

20. Indemnity

The Customer shall indemnify and keep MPAPS indemnified against claims, losses, fines, penalties, damages, costs and expenses arising from or connected with:

1. the Customer’s unlawful use of the website or services;
2. misuse by the Customer’s staff, tenants, users, downstream subscribers or contractors;
3. breach of data protection, confidentiality, intellectual property or consumer obligations by the Customer;
4. false, misleading or unauthorised representations made by a reseller or partner;
5. site access issues, unsafe premises or unapproved works at the Customer site; and
6. any breach by the Customer of these Terms or of applicable law.

21. Force majeure

We will not be liable for any delay, interruption or failure caused by events beyond our reasonable control, including acts of God, extreme weather, fire, flood, pandemic, labour disputes, vandalism, theft, fibre cuts, civil unrest, war, terrorism, utility failure, upstream outage, government action, regulatory restriction, cyber incident or shortage of materials.

Where such an event continues for an extended period, we may suspend performance, revise timelines, reroute service delivery, or terminate the affected service on notice.

22. Complaints and support

Customers should report faults, complaints and billing issues through the contact channels we publish on our website or communicate during onboarding.

We will handle complaints in a commercially reasonable manner and within a reasonable time, taking account of the nature of the issue, technical dependencies and any regulatory obligations that may apply.

Nothing in these Terms prevents a Customer from pursuing any complaint through a regulator or court where applicable law gives that right.

23. Governing law and dispute resolution

These Terms are governed by the laws of the Republic of Kenya.

Before filing formal proceedings, the parties shall first try in good faith to resolve any dispute through written notice and management-level discussions for at least fourteen days.

If the dispute is not resolved, the courts of Kenya sitting in Nairobi shall have exclusive jurisdiction, except that MPAPS may bring debt recovery, injunctive or protective proceedings in any court of competent jurisdiction where necessary to protect its business, network, equipment, confidential information or payment rights.

24. Changes to these Terms

We may amend these Terms from time to time to reflect changes in law, regulation, technology, service design, security needs or business operations.

Updated Terms will take effect when published on our website or otherwise communicated to the Customer, unless a later effective date is stated. Continued use of the website or services after the update takes effect amounts to acceptance of the revised Terms.

25. General

If any provision of these Terms is held invalid or unenforceable, the rest will remain in full force.

Our failure to enforce a right immediately does not mean we waive it.

The Customer may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or subcontract our rights and obligations to affiliates, financiers, successors, contractors or service providers, provided this does not reduce any mandatory legal protections that apply.

These Terms form the entire agreement for website use and, unless replaced by a signed written service contract, also form the entire agreement for the relevant service.

26. Contact details

For service enquiries, legal notices and general communication, you may contact us using the business contact details published on our website from time to time.

MPAPS Internet Solution Ltd
Kayole, Nairobi, Kenya
Telephone: 0726523530
Email: business@mpapsinternetsolutionltd.tech
Website: mpapsinternetsolutionltd.tech