Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern the relationship between Optinet Global Links ("Optinet", "we", "us", "our"), a company incorporated in Kenya and operating from Thika, Kiambu County, and any individual, household, or business entity ("Client", "you", "your") that subscribes to or uses any of our services.

By submitting a service application, signing a subscription form, making a payment, or connecting to our network, you confirm that you have read, understood, and agree to be bound by these Terms and any service-specific addenda issued by Optinet from time to time.

If you do not agree to these Terms, you must not use our services. Continued use of the service after any update to these Terms constitutes acceptance of the revised Terms.

2. Service Provision

2.1 Nature of Service

Optinet provides fixed-line broadband internet access via fiber-optic (FTTH/FTTB) infrastructure, as well as ancillary services including CCTV installation, web development, and technical support. Internet services are provided as described in your chosen package at the time of subscription.

2.2 Service Availability

While we aim for 99.9% network uptime, internet service may be interrupted for reasons including but not limited to: planned maintenance, power outages, adverse weather conditions, force majeure events, equipment failure, or actions by third-party infrastructure providers. We will endeavour to notify clients of planned maintenance in advance where possible.

2.3 Speed

Advertised speeds reflect the maximum speeds available on your chosen package under optimal conditions. Actual speeds may vary based on your internal network, connected devices, the contention ratio applicable to your package, and general network congestion. Speeds are not guaranteed at all times.

2.4 Coverage

Services are currently available only within Optinet's active coverage areas in Thika and environs. We reserve the right to decline or delay service applications in areas where infrastructure has not yet been deployed.

3. Account & Access

3.1 Account Registration

You must provide accurate, current, and complete information when applying for a service. You are responsible for keeping your contact details, address, and payment information up to date. Optinet will not be liable for service disruptions or missed communications resulting from outdated account information.

3.2 PPPoE / Hotspot Credentials

Where applicable, Optinet will issue you with PPPoE username and password credentials for your connection. These credentials are personal to your account. You must not share, transfer, or resell your credentials or network access to any third party. Suspected misuse will result in immediate suspension pending investigation.

3.3 MAC Address Binding

For security purposes, your account may be bound to the MAC address of your router on first successful authentication. Changing your router or network equipment may require you to contact support to update the MAC binding.

3.4 Client Portal

Access to the Optinet Client Portal is provided as a convenience for managing your account, viewing invoices, and making payments. You are responsible for the security of your portal login credentials. Report any unauthorised access immediately to our support team.

4. Payments & Billing

4.1 Subscription Fees

Monthly subscription fees are as stated in your chosen package at the time of subscription. Packages and prices are subject to change with 30 days' notice. Continued use of the service after a price change takes effect constitutes your acceptance of the new price.

4.2 Billing Cycle

Services are billed monthly from the date of activation. Invoices are generated on the first of each month for recurring services. Payment is due within the period stated on the invoice. Failure to pay by the due date may result in service suspension.

4.3 Payment Methods

Payment may be made via M-Pesa STK Push through the Client Portal, M-Pesa Paybill, bank transfer, or cash at our offices. Receipts will be issued automatically upon confirmed payment. Optinet is not responsible for delays caused by third-party payment providers.

4.4 Automatic Renewal

Upon receipt of a qualifying payment, your service will be automatically renewed for a further 30-day period from the date of payment confirmation. No manual intervention is required; your connection will be restored within minutes of payment being confirmed on our system.

4.5 Refunds

Subscription fees are non-refundable once a service period has commenced, except where Optinet is at fault for an extended and verified service outage lasting more than 72 consecutive hours. Refund requests in such cases must be submitted in writing to our support team within 14 days of the outage.

4.6 Installation Fees

Where applicable, a one-time installation fee covers the cost of cabling, equipment installation, and on-site configuration. This fee is non-refundable once installation work has commenced. Any promotional waiver of installation fees (such as rollout offers) is subject to the specific terms of that promotion.

5. Fair Use Policy

All Optinet residential and business internet packages are subject to our Fair Use Policy. The policy is designed to ensure that all clients enjoy consistent service quality.

• You must not use your connection in a manner that unreasonably degrades the experience of other users on the network.
• Running public proxy servers, open relay services, or torrent seeding operations that generate disproportionate upstream traffic may be restricted.
• Commercial resale of your internet connection to third parties without a prior written reseller agreement with Optinet is strictly prohibited.
• Unlimited packages are subject to a contention ratio as specified in your package description. Burst speeds are available as stated in your package terms.
• Optinet reserves the right to apply traffic management measures during periods of congestion to maintain equitable service for all users.

6. Suspension & Termination

6.1 Suspension for Non-Payment

If payment is not received by the due date, your service will be suspended. You will be notified by SMS and/or email prior to suspension where possible. Service will be restored automatically once full payment is confirmed on our system.

6.2 Dormancy

Accounts that remain suspended for more than 30 consecutive days without payment will be moved to dormant status. Dormant accounts may be subject to reactivation fees. Accounts dormant for more than 90 days may be permanently closed and the associated PPPoE credentials released.

6.3 Termination for Breach

Optinet may terminate your service immediately and without refund if you breach these Terms, including but not limited to: misuse of credentials, reselling access, engaging in illegal activity over the network, or causing harm to the network or other users.

6.4 Cancellation by Client

You may cancel your subscription at any time by notifying us in writing or via the Client Portal. Cancellation takes effect at the end of the current billing period. No partial refunds will be issued for the remaining days in a paid period unless Optinet is at fault as described in section 4.5.

6.5 Equipment on Termination

Any equipment that remains the property of Optinet (where clearly stated at the time of installation) must be returned upon termination. Failure to return such equipment may result in a recovery charge.

7. Equipment

7.1 Client-Owned Equipment

Where you purchase or supply your own router or ONT, Optinet is responsible only for the fiber infrastructure up to the point of entry into your premises (the demarcation point). Optinet support does not extend to configuration of equipment not supplied by us beyond basic PPPoE credential setup.

7.2 Optinet-Supplied Equipment

Equipment supplied by Optinet remains our property unless explicitly sold to you. You are responsible for its safekeeping. Damaged, lost, or stolen equipment will be charged at replacement cost. Do not attempt to modify, tamper with, or repair Optinet-supplied equipment — contact support for replacements.

7.3 Power Supply

You are responsible for providing a stable power supply to your router and any Optinet-supplied equipment on your premises. Optinet recommends the use of a UPS (uninterruptible power supply) to maintain connectivity during power cuts. Equipment damage caused by power surges is not covered under any Optinet warranty.

8. Limitation of Liability

To the maximum extent permitted by applicable Kenyan law:

• Optinet is not liable for any indirect, incidental, consequential, or punitive damages arising from your use of or inability to use our services.
• Optinet's total liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the total amount paid by you for the service in the three months preceding the claim.
• Optinet is not responsible for the content accessed by you or your household over our network. You are solely responsible for all activity conducted through your connection.
• Optinet is not liable for loss or damage resulting from service outages, whether planned or unplanned, including loss of business, data, or revenue.
• Optinet is not responsible for security vulnerabilities in your own devices, network, or software.

9. Privacy & Data Protection

9.1 Data We Collect

To provide and manage your service, Optinet collects personal information including your full name, national ID number, physical address, phone number, email address, and payment information. We also collect technical data such as IP addresses, session logs, and bandwidth usage for network management and billing purposes.

9.2 How We Use Your Data

We use your data to:

• Provision, manage, and support your internet service
• Generate and send invoices and payment confirmations
• Send service notifications, outage alerts, and renewal reminders via SMS and email
• Comply with any legal or regulatory obligations, including lawful requests from Kenyan authorities
• Improve our network and service offerings

9.3 Data Sharing

Optinet does not sell your personal data to third parties. We may share data with payment processors (e.g. Safaricom M-Pesa), regulatory authorities when lawfully required, and technical sub-contractors engaged solely to support service delivery, under appropriate confidentiality obligations.

9.4 Data Retention

We retain your account data for a minimum of three years after termination of service, in accordance with Kenyan tax and regulatory requirements. Session logs and bandwidth records are retained for a minimum of 12 months.

9.5 Your Rights

You have the right to request access to the personal data we hold about you, request correction of inaccurate data, and request deletion of data where no legal retention obligation applies. Submit requests to our office or via email.

10. Acceptable Use Policy

You agree not to use the Optinet network for any of the following:

• Any activity that is unlawful under the laws of Kenya, including the Computer Misuse and Cybercrimes Act, 2018 and the Kenya Information and Communications Act
• Transmitting, distributing, or storing material that infringes intellectual property rights
• Distributing malware, spyware, ransomware, or other malicious software
• Conducting denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks
• Unauthorized access to, or scanning of, third-party systems ("hacking")
• Distributing child sexual abuse material (CSAM) or any other illegal content
• Sending unsolicited bulk messages (spam) or operating open mail relays
• Reselling or subletting your internet connection without Optinet's prior written consent
• Any activity that disrupts, damages, or places an excessive burden on our network infrastructure

Violations of this policy may result in immediate service suspension, permanent termination, and/or referral to the relevant law enforcement authorities.

11. Changes to These Terms

Optinet reserves the right to update or modify these Terms at any time. Where changes are material, we will endeavour to notify clients via SMS, email, or a notice posted on our website and Client Portal, with a minimum of 14 days' notice before the changes take effect.

It is your responsibility to review these Terms periodically. Continued use of our services after changes take effect constitutes your acceptance of the updated Terms. The "Last updated" date at the top of this page reflects the date of the most recent revision.

12. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or in connection with these Terms shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, the dispute shall be referred to mediation or, failing that, to the jurisdiction of the Kenyan courts.

Optinet's services are regulated by the Communications Authority of Kenya (CA). Clients who believe their rights as consumers have been violated may also lodge a complaint with the Communications Authority.

13. Contact Us

If you have any questions about these Terms or wish to exercise any of your data rights, please contact us through any of the following channels: