Terms of Service

Welcome to Bomba Networks Limited. These Terms of Service ("Terms") govern your use of the Bomba WiFi mobile application and our internet services ("Services"). Please read these Terms carefully before using our Services.

1. Acceptance of Terms

By registering for an account, making a payment, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Bomba Networks Limited.

2. Service Description

Bomba Networks Limited provides internet connectivity services through Wi-Fi hotspots located in various areas in Kenya. Our Services include:

• Wireless internet access at designated hotspot locations
• User account management through our mobile application and web portal
• Payment processing for service subscriptions via M-Pesa and other payment methods
• Customer support services
• Device management for multiple devices under a single account

3. Account Registration and Eligibility

To use our Services, you must register for an account and provide accurate, complete information. You represent and warrant that:

• You are at least 18 years of age or have parental consent to use the Services
• You are a resident of Kenya and have the legal capacity to enter into binding contracts
• All information you provide is true, accurate, current, and complete
• You will maintain and promptly update your account information
• You are the authorized user of any payment method you provide
• You have provided valid identification as required under Kenya's SIM registration regulations

4. Account Security

You are responsible for maintaining the security of your account:

• Keep your password secure and confidential
• Do not share your login credentials with anyone
• You accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• We are not liable for any loss or damage arising from your failure to protect your account

5. Service Availability and Quality

While we strive to provide reliable internet services, we do not guarantee:

• Uninterrupted or error-free service
• Specific internet speeds or bandwidth
• Service availability at all times or locations

Service quality may be affected by factors beyond our control, including network congestion, weather conditions, technical maintenance, and third-party infrastructure. We will make commercially reasonable efforts to minimize downtime and resolve issues promptly.

6. Acceptable Use Policy

You agree to use our Services responsibly and in compliance with all applicable Kenyan laws and regulations. You shall NOT:

• Use the Services for any illegal or unauthorized purpose (including violation of the Kenya Penal Code, Computer Misuse and Cybercrimes Act, 2018)
• Violate any laws in your jurisdiction (including copyright laws under the Kenya Copyright Act)
• Transmit any viruses, worms, or malicious code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Engage in any activity that could damage, disable, or impair our Services
• Use the Services for spamming, phishing, or other fraudulent activities
• Use the Services to distribute child sexual abuse material or any illegal content
• Use the Services to harass, threaten, or defame others
• Use the Services to infringe upon intellectual property rights
• Attempt to bypass any security measures or access restrictions
• Use automated means to access or scrape our Services

Violation of this Acceptable Use Policy may result in immediate termination of your account and legal action.

7. Payment and Billing

Our Services are provided on a pay-per-use or subscription basis. You agree to:

• Pay all fees associated with your chosen service plan
• Provide valid payment information via M-Pesa or other approved methods
• Understand that all fees are non-refundable unless otherwise required by law (Consumer Protection Act, 2012)
• Receive receipts and transaction confirmations via SMS and/or email
• Contact us immediately if you notice any unauthorized transactions

8. Refund Policy

In compliance with the Consumer Protection Act, 2012:

• No Refunds for Used Services: Once you have used the internet service, no refunds will be issued.
• Technical Failures: If you experience technical issues preventing service delivery, we may issue a refund or credit at our discretion.
• Duplicate Payments: In case of duplicate payments, we will refund the duplicate amount within 7 working days.
• Dispute Resolution: Any billing disputes must be reported within 30 days of the transaction.

9. Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of Bomba Networks Limited and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of our content
• Reverse engineer, decompile, or disassemble any software
• Remove any copyright or proprietary notices
• Use our trademarks without prior written consent

10. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information in compliance with the Kenya Data Protection Act, 2019.

11. Marketing Communications (OPT-IN ONLY)

In compliance with the Kenya Data Protection Act, 2019 and the Kenya Information and Communications (Consumer Protection) Regulations, 2010:

• We will ONLY send you marketing or promotional messages if you have explicitly opted in.
• You will be presented with a clear opt-in checkbox during registration and payment.
• You can opt out of marketing communications at any time by contacting us or using the unsubscribe link in messages.
• Service-related messages (e.g., payment confirmations, expiry reminders) will still be sent as they are necessary for service delivery.

12. Termination

We may terminate or suspend your account and access to our Services at our sole discretion, without prior notice or liability, for any reason, including if you breach these Terms. Grounds for termination include:

• Violation of these Terms or our Acceptable Use Policy
• Fraudulent or illegal activity
• Non-payment of fees
• Request by law enforcement or government agency
• Extended periods of inactivity

Upon termination, your right to use the Services will immediately cease. You may request account reactivation by contacting support.

13. Limitation of Liability

To the maximum extent permitted by Kenyan law, Bomba Networks Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Service interruptions or downtime

Our total liability to you shall not exceed the amount you paid for the Services during the twelve (12) months prior to the event giving rise to the liability.

14. Indemnification

You agree to indemnify, defend, and hold harmless Bomba Networks Limited, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your use of the Services caused damage to a third party

15. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

Dispute Resolution:

• Informal Resolution: Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at support@bomba.co.ke.
• Mediation: If informal resolution fails, we agree to submit the dispute to mediation in accordance with the Nairobi Centre for International Arbitration (NCIA) rules.
• Jurisdiction: Any legal disputes not resolved through mediation shall be resolved exclusively in the courts of Kenya, located in Nairobi.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bomba Networks Limited regarding the use of our Services, superseding any prior agreements between you and us.

18. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

19. Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, natural disasters, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or accidents.

20. Contact Information

If you have any questions about these Terms, please contact us at: