Terms and Conditions

1. Definitions

  1. “Conditions of Use” means these terms and conditions;
  2. “Equipment” includes your mobile phone handset or other equipment which, when used together with the SIM Card, allows access to our Network;
  3. “MSIN” means the mobile station identity number issued to you, which is your mobile phone number;
  4. “Re-charge” means the process of crediting your account with us so as to access the Services by using mobile money or by any other means approved by us;
  5. “Services” means the prepaid services including but without limitation basic voice, international dialing, international roaming, short message service (“SMS”), voice mail, emergency access numbers and any other services offered via our Network that we agree to make available to you from time to time;
  6. “Rates” means our charges for use of the Services as varied by us from time to time;
  7. “Rate Guide” means a guidance catalogue published by us from time to time;
  8. “We” or “us” means Nena (its successors and/or permitted assigns); “you” means the customer.

2. The Services

The Services are made available to you subject to these Conditions of Use.

  1. Although we shall try to ensure that you are able to make full use of the Services, the Services are subject to internet connectivity on your equipment via mobile data or WiFi and we do not guarantee that the Services shall be available at all times. We shall not be responsible or liable for any loss whatsoever arising from non-availability. The Services are not fault free and may be affected by acts of God, geographical topography, weather conditions, planned maintenance or rectification work on the Network. Roaming access depends on arrangements with foreign operators, network availability, gateway restrictions and charges.
  2. The MSIN remains our property and is issued subject to these Conditions of Use. In the event of non-utilization for a defined period (refer to clause 5.1.i), we reserve the right to reclaim and reassign the number.
  3. We may, at our discretion and without prior notice, discontinue the Services or any part thereof without liability.
  4. Access to all or any part of the Services may be subject to additional charges under terms determined by us.
  5. The confidentiality of communications over our Network is not guaranteed. There is a risk of unlawful interception beyond our control and we accept no liability for any resulting loss or damage.
  6. You accept that we may disclose, receive and/or record details of your use of the Services, including calls, emails, SMSs, data and personal information, for:
    1. Fraud prevention and law enforcement;
    2. Commercial purposes such as marketing and research;
    3. Compliance with legal or regulatory requirements;
    4. Legal proceedings;
    5. Business practices including quality control, training and system operations.
  7. You must comply with any instructions we issue regarding use of the Services.
  8. Except for Customer Service and designated toll-free numbers, minimum network access credit requirements apply based on applicable Rates.

3. Acceptance and Commencement of Conditions of Use

You are deemed to have accepted these Conditions of Use upon:

  1. Re-charging your account using designated options;
  2. Using the Services or accessing the Network;
  3. Initial activation of your MSIN.

4. Payments

  1. You must maintain sufficient credit to access the Services.
  2. The Rate Guide is indicative only and Rates may change without notice. Rates include VAT unless otherwise stated and may be subject to additional taxes.
  3. Roaming call and message charges are determined by the relevant operators.

5. Suspension and Disconnection of the Services

  1. We may suspend, restrict or terminate the Services without notice for reasons including unlawful use, inactivity exceeding ninety (90) days, non-compliance with Conditions of Use, abusive or illegal use, fraudulent recharges, activities that may harm the Network, or reasons beyond our control.
  2. Upon suspension or termination and account expiry, any remaining credit will be forfeited. Reconnection is at our discretion and may attract a fee.
  3. After expiry, we may deactivate and recycle the MSIN without further liability.

6. Your Responsibilities

  1. You are responsible for all charges incurred using the Services.
  2. You are responsible for the legality and security of Equipment used to access the Services.
  3. You are solely responsible for transmitted material and shall indemnify us against related claims.

7. Variations

  1. We may change or withdraw the Services at any time.
  2. We may amend these Conditions due to legal or licensing changes.
  3. Continued use of the Services constitutes acceptance of such changes.

8. Notices

Notices may be delivered through any suitable means and shall be deemed received whether or not they come to your attention.

9. Liability and Exclusions

To the fullest extent permitted by law, we exclude all warranties and liabilities arising from use or failure of the Services, and you shall indemnify us against all related claims.

10. Miscellaneous

  1. These Conditions form a legally binding agreement.
  2. Failure to enforce any right does not waive that right.
  3. MSIN identification may be transmitted except where restricted.
  4. Charges may apply for number presentation restrictions.
  5. You must keep all security codes confidential.
  6. Directory listing charges may apply.
  7. All intellectual property rights remain ours or our licensors’.
  8. Itemized billing is provided only upon request and payment.
  9. These Conditions are governed by the laws of Kenya.

11. Dispute Resolution

All disputes shall be resolved amicably between the Parties where possible.

12. Terms and Conditions

These Conditions of Use and related terms are available at www.nena.co.ke.

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PDF version of Our Terms and Conditions