Terms & Conditions

1. Definitions

In these Terms, the following definitions apply:

• "TalkSasa," "Company," "We," "Us," or "Our" refers to TalkSasa Ltd, a company duly registered under the laws of Kenya, reachable at info@talksasa.com.
• "Client," "You," or "Your" refers to any individual, business, company, or entity that accesses, registers for, or uses any TalkSasa service.
• "Services" means all services offered by TalkSasa including but not limited to Bulk SMS, Sender ID Registration, Domain Registration, Web Hosting, and Email Hosting.
• "Sender ID" means a customized alphanumeric or numeric identifier used to brand SMS messages.
• "Domain" means an internet domain name registered through or managed by TalkSasa on behalf of the Client.
• "Renewal Confirmation" means the official written or electronic notice issued by TalkSasa confirming that a domain, hosting plan, or service subscription has been successfully renewed.
• "Agreement" refers to these Terms and Conditions, together with any invoices, order forms, or supplementary agreements entered into between TalkSasa and the Client.

2. Acceptance of Terms

2.1 By registering an account, placing an order, making a payment, or using any Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms without modification.

2.2 These Terms constitute a binding legal contract between you and TalkSasa. Use of our Services without acceptance of these Terms is strictly prohibited.

2.3 TalkSasa reserves the right to amend these Terms at any time by posting the revised version on our website. Your continued use of any Service after changes are posted constitutes your acceptance of the revised Terms. It is your sole responsibility to check for updates regularly.

3. Bulk SMS Services

3.1 Permitted Use

The Bulk SMS Service may only be used for lawful purposes. By using this Service, you represent and warrant that:

• All recipients have provided prior express consent to receive messages from you.
• All messages comply with the Kenya Information and Communications Act, the Data Protection Act 2019, and all applicable regulations of the Communications Authority of Kenya (CA).
• You will not use the Service to send spam, unsolicited marketing, fraudulent communications, or content that promotes illegal activity.

3.2 Client Liability for Content

3.2.1 You are SOLELY and EXCLUSIVELY responsible for all content transmitted through the Bulk SMS Service. TalkSasa acts solely as a technology conduit and bears no responsibility whatsoever for the content, accuracy, legality, or consequences of messages sent by Clients.

3.2.2 You shall fully indemnify, defend, and hold harmless TalkSasa from any claims, penalties, fines, damages, or legal costs arising from messages sent through your account, including third-party claims.

3.3 Sender ID Registration

3.3.1 Sender ID registration is subject to approval by the Communications Authority of Kenya. TalkSasa does not guarantee approval and is not liable for rejection by the CA or mobile network operators.

3.3.2 Sender IDs are registered for specific, declared use cases. Use of a registered Sender ID for any purpose other than the declared use case is a material breach of these Terms and may result in immediate suspension.

3.3.3 Sender ID registration fees are non-refundable once submitted to the CA or network operators, regardless of the outcome.

3.3.4 The Client is responsible for ensuring the accuracy of all information submitted for Sender ID registration. TalkSasa is not liable for rejection, delays, or penalties arising from inaccurate client-submitted information.

3.4 Prohibited Content

The following content is strictly prohibited and will result in immediate account suspension and potential legal referral:

• Political or electoral campaigning not authorized by the Independent Electoral and Boundaries Commission (IEBC).
• Content promoting terrorism, violence, or illegal activities.
• Financial fraud, phishing, or impersonation of any entity.
• Content targeting minors with inappropriate material.
• Defamatory, obscene, or harassing content.

4. Domain Registration Services

4.1 Role of TalkSasa

TalkSasa acts as a domain registration facilitator. Domain registration is ultimately governed by ICANN, the Kenya Network Information Centre (KENIC), and other relevant registry authorities. TalkSasa does not guarantee domain availability and is not liable for refusal of registration by any registry.

4.2 Domain Renewal — Client Obligations (Critical)

4.2.1 Domain registration is time-limited and requires periodic renewal. IT IS THE CLIENT'S SOLE AND ABSOLUTE RESPONSIBILITY to monitor domain expiry dates and initiate renewal in a timely manner.

4.2.2 TalkSasa may, at its discretion and as a courtesy only, send renewal reminder communications via email or SMS to the Client's registered contact details. Such reminders are provided as a goodwill gesture ONLY and do not constitute a contractual obligation.

4.2.3 Confirmation of Renewal: A domain is considered renewed ONLY upon receipt by the Client of an official written Renewal Confirmation from TalkSasa. This confirmation will be sent to the Client's registered email address upon successful completion of the renewal process and full receipt of payment.

4.2.4 If you have NOT received a Renewal Confirmation, your domain has NOT been successfully renewed. In that case, you MUST immediately contact TalkSasa at info@talksasa.com or call +254 712 295 880 / +254 781 000 403 to verify and complete the renewal.

4.2.5 TalkSasa shall bear NO liability whatsoever for domain expiry, loss, deletion, or reacquisition by third parties arising from the Client's failure to: pay renewal fees before the expiry date; follow up to obtain a Renewal Confirmation; maintain up-to-date contact information with TalkSasa; respond to renewal reminder communications.

4.2.6 Domains that expire enter a Redemption Grace Period as determined by the registry. Recovery of expired domains during or after this period may incur significant additional fees, which shall be borne entirely by the Client.

4.2.7 TalkSasa reserves the right to release, delete, or allow a third party to register an expired domain after the applicable grace period without further notice to the Client.

4.3 Domain Ownership and Transfer

4.3.1 Domains are registered in the Client's name. TalkSasa does not claim ownership over Client domains.

4.3.2 Domain transfers to another registrar must be initiated by the Client following the applicable transfer policy. Transfer fees may apply. TalkSasa is not liable for delays caused by registry processing times.

4.3.3 The Client is responsible for maintaining accurate WHOIS/registrant information. Provision of false registration details is a breach of ICANN/KENIC policy and these Terms.

5. Web & Email Hosting Services

5.1 Service Provision

TalkSasa will use commercially reasonable efforts to provide hosting services with high availability. However, TalkSasa does not guarantee uninterrupted, error-free, or 100% uptime for hosting services. Scheduled and unscheduled maintenance may cause temporary service interruptions.

5.2 Client Data Responsibilities

5.2.1 You are solely responsible for all content, data, and files hosted on TalkSasa servers. TalkSasa does not review hosted content and is not liable for the accuracy, legality, or appropriateness of Client content.

5.2.2 You must maintain regular, independent backups of all hosted data. While TalkSasa may perform server-level backups, these are for disaster recovery purposes only and are not guaranteed. TalkSasa is not liable for any data loss.

5.3 Hosting Renewal Obligations

5.3.1 Hosting services are subscription-based and must be renewed before the expiry date. The same renewal confirmation requirement described in Section 4.2 applies to hosting renewals.

5.3.2 Hosting accounts that are not renewed will be suspended upon expiry. Data on suspended accounts will be held for a maximum of 7 days before permanent deletion. TalkSasa is not liable for data loss resulting from non-renewal.

5.4 Prohibited Use of Hosting

Hosting services may not be used to host:

• Illegal, defamatory, or obscene content.
• Content that infringes third-party intellectual property rights.
• Malware, phishing pages, or hacking tools.
• Cryptocurrency mining scripts.
• Content that excessively consumes server resources to the detriment of other users.

6. Payment Terms

• 6.1 All payments for TalkSasa Services are due in advance unless expressly agreed otherwise in writing.
• 6.2 All fees are non-refundable once a Service has been provisioned, activated, or submitted to a third-party provider (including registries, networks, or operators), unless expressly stated otherwise.
• 6.3 TalkSasa reserves the right to suspend or terminate Services immediately upon non-payment without further notice.
• 6.4 Prices are subject to change at TalkSasa's discretion. Current pricing will be communicated to Clients before renewal.
• 6.5 Any disputes regarding invoices must be raised in writing within 7 days of invoice issuance. Disputes raised after this period will not be entertained, and the invoice shall be deemed accepted.

7. Suspension and Termination

7.1 TalkSasa reserves the right to immediately suspend or terminate your account and access to all Services, without notice or liability, in the event of:

• Breach of any provision of these Terms.
• Non-payment of outstanding fees.
• Engagement in fraudulent, illegal, or abusive activities.
• Receipt of valid legal orders from courts or regulatory authorities.
• Actions that jeopardize the security or reputation of TalkSasa's infrastructure or other clients.

7.2 Upon termination, all rights granted to you under these Terms immediately cease. TalkSasa is not obligated to provide data export or migration assistance after termination.

7.3 Fees paid prior to termination are non-refundable.

8. Limitation of Liability

8.1 To the maximum extent permitted by applicable law, TalkSasa, its directors, employees, agents, partners, and affiliates shall not be liable for any: indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, data, business, or goodwill; service interruptions, downtime, or data loss; unauthorized access to Client accounts or data; failure of domain renewal or hosting services due to Client non-compliance with Section 4 and Section 5; actions or decisions of third-party registries, networks, operators, or regulatory bodies.

8.2 In all cases where TalkSasa is found liable, TalkSasa's total aggregate liability shall not exceed the total fees paid by the Client for the specific Service giving rise to the claim in the three (3) months immediately preceding the event giving rise to liability.

9. Indemnification

You agree to indemnify, defend, and hold harmless TalkSasa and its officers, directors, employees, agents, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: your use or misuse of any TalkSasa Service; content you send, host, or register through TalkSasa; your breach of these Terms; your violation of any applicable law or third-party right; any claim by a third party arising from your use of the SMS Service.

10. Force Majeure

TalkSasa shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God, government actions, network failures, power outages, cyber-attacks, strikes, pandemics, or decisions by third-party registries or mobile network operators.

11. Confidentiality

11.1 Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the business relationship.

11.2 TalkSasa will not disclose Client information to third parties except: (a) as required by law or court order; (b) to enforce these Terms; or (c) with the Client's explicit written consent.

12. Governing Law and Dispute Resolution

12.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

12.2 Any dispute arising from or related to these Terms or the Services shall first be subject to good-faith negotiations between the parties for a period of 30 days.

12.3 If unresolved, disputes shall be referred to binding arbitration under the Nairobi Centre for International Arbitration (NCIA) Rules. The seat of arbitration shall be Nairobi, Kenya. The language shall be English.

12.4 Nothing in this clause prevents TalkSasa from seeking urgent injunctive or equitable relief from a competent court.

13. Entire Agreement and Severability

13.1 These Terms, together with any applicable service order or invoice, constitute the entire agreement between you and TalkSasa with respect to the Services and supersede all prior agreements, representations, or understandings.

13.2 If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

13.3 TalkSasa's failure to enforce any right under these Terms shall not constitute a waiver of that right.

14. Contact Information

For any questions, complaints, or notices under these Terms, contact TalkSasa at:

Email: info@talksasa.com
Phone: +254 712 295 880 | +254 781 000 403
Website: www.talksasa.com

These Terms and Conditions were last updated on 10th August 2024.