Service is offered on a month to month basis or under a fixed service term. Monthly fees are pro-rated based on the specific sign-up date during the activation month. 

Customers may benefit from special promotions upon retaining Services for a fixed term. Iristel shall deem the entire cost of providing hardware and/or service discounts covered, upon Customer’s fulfillment of the agreed service period.

Subsequent terms of this Agreement will be renewed automatically on a month to month basis. Customer is responsible for all the service fees up to the effective date of termination, including but not limited to unbilled charges and a termination fee, if applicable.

You may not resell or transfer the service or a device to another party without our prior written consent.

You may use the Services only for your own lawful purposes. We may from time to time set out use policies and guidelines for the use of Services. Services cannot be used for transmitting or receiving any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, profane, racially or ethnically disparaging remarks or otherwise objectionable material of any kind. This includes, but is not limited to any material that encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, national or international law.

Your acceptance of services from us constitutes your agreement with, and acceptance of our Reasonable Use Policy 

http://iristel.com/reasonable-use-policy

You hereby take note that the service is provided for regular commercial and/or residential use only and we reserve the right to suspend or terminate your service if you are in breach of any use policies.

We reserve the right to immediately terminate or modify your service if we determine that the use of the service or the device is, or at any time was, inconsistent with regular residential usage patterns.

You will receive an invoice within the first week of each month consisting of the recurring charges for said month (prorated for partial months, if applicable) plus any usage charges incurred during the previous month. Invoices are due on the fifteenth day of the same month. All rates are tax exclusive, and any applicable tax will be indicated on the IRISTEL invoice. If you are exempted from payment of such taxes then you must provide an original government-issued certificate attesting to tax-exempt status.

A late payment charge applies when payment has not been received fifteen (15) days after the invoice date. This charge is a monthly compound rate of 1.5%.

Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on Iristel as a result of providing Services or a device will be billed to the Customer’s account.  If a Customer is exempt from payment of such taxes, then that Customer will provide Iristel with an original government-issued certificate attesting to tax-exempt status.  Tax exemption will only apply from and after the date Iristel receives the tax-exempt document.

Billing disputes must be reported in writing to the Customer Care Department (customercare@iristel.com) within 30 calendar days of the invoice date or any such dispute may be deemed waived. It is your responsibility to verify the content of the invoices and report any errors or inconsistencies regarding the recurring and non-recurring charges billed therein. We will not consider disputes initiated without supporting documentation and no amounts withheld from payment in relation to such disputes will be considered justified. If you fail to deliver a valid dispute within said 30 calendar days or fail to respond to our request for additional supporting information you shall be deemed to have waived your right to dispute the charges. 

IRISTEL accepts the following payment methods:

 WIRES / EFT  

 Beneficiary: Iristel Kenya Limited  

 Beneficiary Address: 8th Floor, Tower 1, The Mirage, Chiromo Road, Unit 4 

 P.O BOX 57078-00200 

 Nairobi ,Kenya  

 Receiving Bank: ABSA BANK KENYA PLC 

 Bank Address: P.O BOX 30120, 00100, Nairobi Kenya 

 Sarit Center Branch  

 KES Account: 2040319886 

 Bank Code: 03 

 Branch: WESTLANDS  

 SWIFT: BARCKENX

 MPESA

 Paybill #: 4069881

 Please reference your Iristel Account #

IRISTEL may disconnect your Service if any charge for your account is attempted and declined. In the case of termination of Service for non-payment, you will be fully liable for all charges accrued to date of termination, as well as for charges incurred by IRISTEL owing to non-payment, such as (but not limited to) collection costs and attorney’s fees.

You understand that the information provided to IRISTEL in the sign-up process or thereafter may be used to determine your credit worthiness and assess your ability to meet the financial obligations under this Agreement. Not limited to the result of the credit verification, IRISTEL may request a security deposit as the primary condition for providing the services. We will provide reasonable justification of the reasons for requesting a security deposit and we will keep a record of those reasons for as long as the security deposit is maintained. The Security Deposit may be returned to you after a period of minimum twelve (12) months of positive payment history. 

You may opt for using such amount against the outstanding balance of your account. Certain restrictions may apply to credit limits, services and features extended to you based on the result of the credit verification. If any deposit amount remains unused after the termination of your account, a refund will be processed within thirty (30) business days. 

IRISTEL is using the major credit bureaus as its main source for collecting credit information and such inquiries may be visible on your credit report. You authorize IRISTEL and its agents or assigns to:

• Request and obtain personal information on an ongoing basis from credit bureaus from previously collected credit history information;
• Exchange personal information on an ongoing basis with credit bureaus in order to protect you, to ensure the completeness of the information and to maintain the integrity of the credit granting system;
• Cooperate with local, provincial and national authorities in the investigation of unlawful or improper activities in order to you and IRISTEL from fraudulent transactions;
• Disclose personal information where necessary to protect you and IRISTEL’s interests.

We reserve the right to discontinue providing services generally, or to terminate your service at any time upon a material breach of any of the terms of this Agreement. If we terminate the service for no stated reason, you will only be liable for the service fees charged until the date of termination. 

Early termination. In the event of an early termination of Service, you will be charged any outstanding balance remaining on your device subsidy (if any). The subsidy shall be deemed split in equal monthly increments over the course of the Agreement and reduced with one month increment for each month of service fulfilled. 

You may request termination of Service or the account by submitting a termination request by email to our Customer Care Team at customercare@iristel.com. Termination will be effective with such date indicated by your request. Upon termination of the Service, you will continue to be liable for all charges incurred to date of termination, including but not limited to any early termination fee applicable per your Service Agreement.

We may disconnect your Service if:

• You fail to pay an account that has been past due for more than 15 days;
• You fail to provide or maintain a reasonable security deposit or alternative when requested to do so;
• You agreed to a deferred payment plan, and you failed to comply with the terms;
• You are in breach of this Agreement;
• We reasonably suspect or determine that your account or Services are subject to fraudulent, unlawful or improper usage or usage that adversely affects our network or other customers;
• You do not maintain Service usage within the prescribed credit limit, or you are in breach of any limitations set out by us in any reasonable use policies.

Unless action is necessary to protect the IRISTEL network or we have reasonable suspicion of fraud activity under your account, we deem to provide you notice with at least 14 calendar days before any disconnection. The notice will contain the reason for disconnection, the amount owing and the scheduled disconnection date. 

We may postpone your Service disconnection if a valid dispute is received before the scheduled disconnection date, and we do not have reasonable grounds to believe that such dispute has been raised for the purpose of avoiding or delaying payment.

On occasion, IRISTEL may offer promotional packages (“Promotions”). By subscribing to a promotion, you accept the terms and duration described in the promotional literature or on the website. For more information on specific promotions, please visit www.iristel.com. 

This Agreement does not grant you any license to use the firmware or software embedded in any Iristel device for any purpose other than those described herein or as authorized by Iristel in writing. All Iristel devices, if any are provided or purchased with the services, are provided by Iristel exclusively for use in connection with Iristel services. 

You may not change the electronic serial number or equipment identifier of any Iristel devices, or to perform a factory reset of such devices, without express prior written permission from Iristel. We reserve the right to immediately terminate your service should you tamper with any Iristel devices. 

If your wireless device is lost or stolen, you should immediately contact us to suspend the service. We may determine, in our sole reasonable discretion that your account is being used fraudulently and proceed with suspending the service, but we do not make any warranties or accept liability for the usage charges incurred through such date of suspension. We do not charge a fee for suspending or reactivating the service. The monthly charges will continue to be billed to your account for the time of suspension. 

Your device purchased from Iristel is subject to manufacturer’s warranty, which is typically valid for one year with your original purchase receipt. If you purchased a new device from Iristel that includes a limited warranty at the time of purchase, you must refer to the limited warranty documentation or access the manufacturer’s website for information on the limitation and disclaimer of certain warranties. If the device did not include a limited warranty at the time of purchase, you agree to accept the unit in question on an “AS IS” basis and you are not entitled to replacement or refund in the event of any defect. Iristel does not warrant the continuous functioning of all Services or equipment belonging to any third party. The equipment purchased may be delivered with a manufacturer’s warranty and it is understood that the Iristel warranty is in fact limited to the manufacturer’s warranty. We may refuse to activate any equipment that does not comply with industry standards or own network requirements.

Rented devices must be returned within thirty (30) days from the service termination date to enable account closure and final billing. All items must be returned undamaged and in original condition with all documentation and packaging materials in good order. Should a device not be returned within the thirty (30) days prescribed limit, the full market cost of said device will be charged to your account. 

BY SUBSCRIBING TO IRISTEL SERVICES, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE VOIP SERVICE DIFFERENCES IN THIS SECTION. BY ACCEPTING THESE TERMS, YOU HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST IRISTEL, ITS AFFILIATES, UNDERLYING CARRIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS, LICENSORS, AND SUPPLIERS ARISING FROM OR RELATING TO THE EMERGENCY SERVICES. YOU ALSO AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ABOVE PERSONS FROM ANY SUCH CLAIMS FOR DAMAGES, INCLUDING LEGAL FEES. YOUR WAIVER AND INDEMNITY IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 

VoIP services allow the Customers to make or receive telephone calls over the Internet to or from the Public Switched Telephone Network. 

The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge, understand and agrees that the Iristel service is not a traditional telephone service and major differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional emergency services. 

Because of the unique nature of VoIP telephone calls, emergency calls through the Iristel network will be handled differently than traditional telephone services. The following provisions describe the differences and limitations of emergency calls:

a) Placing emergency calls. If you make an emergency call, Iristel will attempt to automatically route the call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on the Iristel account. However, due to the limitations of the VoIP telephone services, the call may be routed to a different location than that which would be used for traditional dialing. For example, the call may be forwarded to a third-party specialized call-center that handles emergency calls. This call-center is different from the Public Safety Answering Point that would answer a traditional emergency call which has automatically generated your physical address information. Consequently, you may be required to provide your name, address, and telephone number to the call-center operator. 

b) How your information is provided. We will attempt to automatically provide the Public Safety Answering Point dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain some or all of the information. Therefore, when making an emergency call, you must be prepared to immediately (confirm and) inform the dispatcher of your location and call-back number (or the location of the emergency, if different), since the operator may not have this information. 

Failure to keep information current may result in the emergency operator assuming that you are at your last registered address. If you are unable to speak, the dispatcher may not be able to trace your location. 

c) Correctness of information. You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) for your account. 

If you do not correctly identify your actual location, or if the information has recently changed or has otherwise not been updated, emergency calls may be misdirected to an incorrect emergency response site. 

If you change the address of the Service, access to emergency services may not function properly. 

Upon moving to a new address, or change of use of Service, you must immediately notify the Customer Care Team by email of your most current location. 

Failure to advise Iristel of any changes will adversely affect the ability to access the emergency service. 

d) Note to Auto Attendant Customers. For Auto Attendant Customers with their associated extensions, only the main company number and the main company service address will be on file for emergency services, regardless of where the associated extensions are located. 

e) Disconnections. During an emergency call, you must not disconnect the call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If the call is inadvertently disconnected, you must call back immediately. Note that for technical reasons, including network congestion, it is possible that an emergency call will produce a busy signal or will take longer to connect when compared with traditional calls. 

f) Calls may not function. Note that For technical reasons, the functionality of emergency VoIP calls may cease or be curtailed in various circumstances, including but not limited to: (i) if your service or your system (service) access equipment fails or is not configured correctly; (ii) if your service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues; (iii) network or Internet congestion, network or Internet outage in the event of a power outage (you may need to reset or reconfigure the system access equipment before being able to use the service, including for emergency calls); (iv) changing locations (if you move your system access equipment to a location other than that described in your account information or otherwise on record with Iristel). 

It is strongly advised that backup power supply be made available, such as a UPS. 

g) Inform all users. You hereby confirm full understanding of the emergency service limitations and agree to notify any user or potential users of the services of the nature and limitations of VoIP emergency calls as described herein.

Services do not function in the event of a power failure. Should there be an interruption in the power supply Services will not resume until power is restored. A power failure or disruption may require that you reset or reconfigure equipment prior to resuming Services. You acknowledge that the Services or access to the Services, public alerts or special needs Services, may not function correctly, or at all, in the following circumstances:

• if your handset fails, is not configured correctly or does not meet Service requirements;
• in the event of a network outage or extended power failure;
• network or Internet congestion
• network or Internet outage
• following suspension or termination of your Services or account;
• Service interruption as a result of unpaid charges will prevent any calls from being made or received.

No credit will be applied in case of Service interruption as a result of improper use of the service, negligence or suspension following unpaid charges.

Note: Call Recording Services are not available for all locations. Please check with your Account Manager or  the Customer Care Team on the availability of these services at your location. 

Iristel is not a provider of cloud data storage services. If you do not have access to a cloud data storage carrier, we can assist you with recommending trusted carriers at no additional cost. Throughout the sign-up process with such carrier, we may provide you with temporary cloud storage for your recording data on the Iristel network, for a period not to exceed 90 days. 

Your monthly account storage capacity will be 2 GB per user. Exceeding your storage capacity is prohibited and may prevent you from accessing or using your data. We reserve the right to reallocate or discontinue your allocated storage capacity at any time and in our sole discretion.

You hereby acknowledge that the provision of storage capacity by Iristel is intended exclusively for your transition to an alternative storage carrier and not a permanent offering by Iristel of cloud storage services. Upon the expiry of the 90 days period, you will lose access to your data and will not be able to create new files. 

We do not guarantee that your access or use of the data in Iristel's cloud storage will not be subject to inadvertent damage, corruption, unauthorized access, loss or removal in accordance with this disclaimer, and we are not responsible should any of the foregoing occur. It is your sole responsibility to maintain alternate back-up copies of your data. 

You choose to access and use Iristel's cloud storage at your own initiative and are responsible for compliance with any applicable laws. We may, in our sole discretion, immediately and without notice, terminate your access to Iristel's cloud storage if you create any possible legal liability, pose a security risk to our products or services, adversely impact our systems, or if we believe your use poses a health or safety risk to anyone.

Notices to Customers shall be considered given on the date sent out by IRISTEL to the party concerned. You are responsible for notifying us of any changes in your email address by contacting the Customer Care Team at customercare@iristel.com. Otherwise, we will continue to use the previous e-mail address until we have received notice of the address change.

We may from time to time change Services that are provided to you on a month to month basis by providing [30] days advance notice. We will provide notice by:

• Posting the change to www.iristel.com (you are required to verify the website regularly for any changes made or announced);
• Text message to your IRISTEL phone number;
• Electronic mail directed to the email address provided upon sign-up for IRISTEL’s Services, or to the current email address if we received notification that it has changed.

You acknowledge and agree that all content available on our website is protected by copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Iristel, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

Notwithstanding the above, you may print or download one copy of the materials or content on this website onto any single computer for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Iristel is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the express written permission of Iristel.

IRISTEL shall not be liable for any failure to provide its Services, or any degradation of quality caused by any of the following:

• Act or omission of another carrier used for roaming purposes;
• Equipment, network or facility failure, upgrade, modification or shortage;
• network or Internet congestion;
• network or Internet outage;
• Equipment or facility relocation;
• Force majeure events such as (but not limited to) acts of God, strikes, fire, war, riot, government actions;
• Any other cause that is beyond IRISTEL ’s control, including without limitation the failure of an incoming or outgoing call to be connected or completed. This includes degradation of voice quality. IRISTEL’s liability for any failure or mistake shall in no event exceed service charges on account of the affected time period.

In no event shall IRISTEL be liable for indirect, consequential or economic loss or damage, including any damages, loss of profit, loss of earnings, financial loss, loss of business opportunities, death, personal injury, defamation or copyright infringement that results from material transmitted or received over the IRISTEL network, or any other loss however caused, resulting directly or indirectly in connection with these Terms and Conditions or the Services or any equipment, including any emergency services calls, or from the use of the IRISTEL network by other telecommunications carriers. These limits apply to any act or omission of IRISTEL, its employees or agents, which would otherwise be a cause of action in contract, tort or any other doctrine of law.

No credit allowance will be given for interruptions caused by your negligence or by your willful acts, or for service interruption by the failure of your device. 

The Customer shall defend, indemnify and hold harmless Iristel, its officers, directors, employees, affiliates and agents from and against all damages, liabilities, obligations, losses, injuries, claims, demands, penalties, costs and expenses (including reasonable legal fees and disbursements) arising from any and all claims by any person based on:

• the content of any transmissions by the Customer or any of its permitted users; 
• the use of service by the Customer or any of its permitted users, including without limitation, prohibited use;
• the use of facilities, equipment or connections provided by the Customer; 
• the breach by the Customer of any term or condition herein. 

IRISTEL, ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS” AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE NETWORK, THE SERVICES (INCLUDING ANY FEATURES) OR THE DEVICES CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ALL REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

Confidential Information shall include all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, and other information disclosed or submitted, orally, in writing, or by any other media, by Iristel to the Customer that has not been made publicly available.

Except as otherwise specified herein, the Customer and Iristel each expressly undertake to retain in confidence all information transmitted to them by the other party pursuant to this Agreement that the disclosing party identifies as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential (“Confidential Information”), and will make no use of such Confidential Information except under the terms and during the existence of this Agreement.

Iristel may disclose Confidential Information on a need to know basis to its legal and financial consultants.

Unless the Customer consents in writing or disclosure is pursuant to a legal power, all information kept by Iristel, other than the Customer’s name and address, is considered confidential and will not be released to anyone, with the following exceptions:

• The Customer or his representative by law;
• Another telecommunications carrier (Local Number Portability) or other person(s) providing Services to a telecommunications carrier, provided that the information is to be used for the establishment of, or the efficient and cost-effective provision of wireless telephone services;
• Disclosure is made on a confidential basis, with the information to be used solely for the indicated purpose;
• An agent retained by Iristel to collect outstanding balances owed by the Customer, or companies performing other administrative functions for Iristel, provided that the information is released solely for the indicated purposes;
• At the Customer’s request, to a third-party company providing directory listing Services, provided that the disclosure of information other than name, address and listed telephone number is made on a confidential basis, with the information to be used solely for the indicated purpose;
• To law enforcement agency, whenever we have reasonable grounds to believe that the Customer has knowingly supplied Iristel with false or misleading information or are otherwise involved in unlawful activities directed against Iristel. Upon request, the Customer may inspect any of the Iristel records related to his Service;
• A public authority or its agent if Iristel reasonably believes that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information.

Iristel does not guarantee the privacy of any communications while using the Iristel Service or equipment.

Unless you decline to receive communications from Iristel or withdraw your consent at a later date, you agree that Iristel may send you communications by any means (including electronically or by phone) to inform you of new offers and promotions. You may contact the Iristel Customer Care Team to change your communication options or withdraw consent. 

“Personal Information” means information about an identifiable individual and includes IRISTEL Customer Service selection information; however, such information may be disclosed in confidence to its immediate legal and /or financial consultants as required.

IRISTEL regards its Customer’s privacy as one of its most important values and believes that its Privacy Policy will give the Customer confidence whenever they use IRISTEL Services. IRISTEL is not liable for any lack of privacy which may be experienced by any Customer with regard to the use of the Services or any equipment. 

IRISTEL collects personal information to:

• Prevent fraud and protect itself and its Customers from possible fraudulent actions
• Help provide the Customer with better Service delivery
• Understand each Customer’s needs in order to recommend appropriate products or Services
• Better manage its own operations
• Comply with legislative requirements
• Evaluate your creditworthiness
• Develop, enhance, market or provide products and services

The Customer’s knowledge and consent to the collection, use or disclosure of personal information is required, except where inappropriate to do so. IRISTEL will limit its collection of personal information to that which is necessary for the above-mentioned purposes. This collection shall only be done by fair and lawful means. IRISTEL will not use or disclose personal information for any purposes other than those for which it was collected, except with the consent of the individual or as required by law. 

The Personal information shall be as accurate, complete, and up to date as is necessary for its stated purpose. Upon request, the Customer shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. The Customer may challenge the accuracy and completeness of the information and have it amended as appropriate.

When we provide information to third parties, such parties are required to adhere to confidentiality agreements to ensure that the Customer’s information remains safe and secure. Third parties include IRISTEL agents, other communication Service provider, collection agencies, government agencies, emergency Services and law enforcement agencies, or other companies assisting us in fraud prevention or investigation. The information is not provided to other companies for marketing purposes. Personal information may be disclosed when:

• Trying to protect against or prevent actual or potential fraud or unauthorized transactions
• Investigating fraud which has already taken place.

Your personal identifiable information is kept secure. Only authorized employees, agents and contractors who have agreed to keep information secure and confidential have access to this information. Personal information shall be retained only as long as necessary for the fulfillment of its stated purpose.

During the registration process you will be required to choose a password that will be asked by one of our Customer Care representatives any time you will request information about your account or any type of changes. You are fully responsible for the confidentiality of your credentials and for any actions on your account. Any unauthorized use of your credentials or any breach of security must be reported immediately to IRISTEL.

Information that is publicly available (such as a public directory listing of a name or information that is printed on a business card – including the Customer’s address, telephone number and email address) is not considered personal information. 

IRISTEL is committed to privacy and the protection of personal information used in the course of providing programs and Services.

Any dispute, controversy or claim arising out of or in connection to this Agreement, or breach, termination or invalidity thereof shall be settled by arbitration in accordance with the NCIA (Nairobi Centre for International Arbitration) Arbitration Rules. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall b e final and binding.

Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

All claims shall be arbitrated individually, and the Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims to the arbitration process. The arbitrator shall have no authority to award punitive damages. The Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial. However, if the dispute relates to a matter that should be brought before the Communications Authority of Kenya (CAK), Customer agrees that the CAK will resolve the dispute.

The Customer and Iristel agree to submit to the personal and exclusive jurisdiction of the courts located in Nairobi, Kenya. The failure of Iristel to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Iristel’s Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement and the rates for services found on Iristel’s website constitute the entire agreement between the Customer and Iristel and it shall govern the Customer’s use of Services. 

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. 

Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.