Terms of Service

Last Updated: 24 December 2025

1. Acceptance of Terms

By creating an account or using PAY N BROWSE services, you agree to comply with and be bound by these Terms of Service, our Privacy Policy, and all applicable laws and regulations in Kenya.

2. Service Description

PAY N BROWSE provides:

• WiFi hotspot management platform
• PPPoE user management
• Voucher generation and sales system
• M-Pesa payment integration
• Router configuration and monitoring
• Commission-based revenue sharing for individual users
• Subscription plans for ISP businesses

3. User Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Comply with all applicable Kenyan laws and regulations

4. Account Registration

4.1 Account Types

• Individual/Homeowner: Free plan with 80% commission on voucher sales
• ISP Basic: KES 2,500/month, up to 5 routers, 0% commission
• ISP Pro: KES 3,900/month, unlimited routers, 0% commission

4.2 Account Responsibilities

You are responsible for:

• Maintaining confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your contact information is current

5. Payment Terms

5.1 Payment Methods

• We use Safaricom M-Pesa for all transactions
• You can use our company paybill or your own M-Pesa paybill
• Payment processing fees may apply

5.2 Commission Structure (Individual Plans)

• You earn 80% commission on all voucher sales
• Commission is calculated on successful completed transactions
• Minimum payout threshold: KES 1,000
• Payouts processed monthly or as configured

5.3 Subscription Fees (ISP Plans)

• Monthly fees are billed in advance
• 15-day free trial for new ISP accounts
• No refunds for partial months
• Automatic renewal unless cancelled 7 days before renewal date

5.4 Price Changes

We reserve the right to modify our pricing with 30 days' notice. Continued use of services after price changes constitutes acceptance of the new rates.

6. Service Availability

We strive for 99.5% uptime but cannot guarantee uninterrupted service. Scheduled maintenance will be communicated in advance. See our Service Level Agreement for details.

7. User Conduct and Acceptable Use

You agree NOT to:

• Use the service for any illegal purposes
• Violate Kenya's cybercrime laws or regulations
• Transmit harmful code, viruses, or malware
• Attempt unauthorized access to our systems
• Resell or redistribute our services without permission
• Generate fraudulent transactions or vouchers
• Interfere with other users' use of the service
• Scrape or harvest data from our platform

See our Acceptable Use Policy for complete details.

8. Intellectual Property

8.1 Our Rights

All content, features, and functionality of PAY N BROWSE, including but not limited to text, graphics, logos, software, and trademarks, are owned by us and protected by Kenyan and international intellectual property laws.

8.2 Your License

We grant you a limited, non-exclusive, non-transferable license to access and use our services for their intended purpose. This license terminates upon account closure or service termination.

8.3 Your Content

You retain ownership of content you create (e.g., voucher configurations, custom branding). By using our service, you grant us a license to use, store, and display this content as necessary to provide our services.

9. Data Protection and Privacy

We process your personal data in accordance with our Privacy Policy and the Kenya Data Protection Act, 2019. By using our services, you consent to such processing.

10. Termination

10.1 By You

You may terminate your account at any time through your account settings. You remain responsible for fees incurred before termination.

10.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Fail to pay required fees
• Engage in fraudulent activities
• Pose a security risk to our platform or other users

10.3 Effect of Termination

Upon termination:

• Your access to the service will be revoked
• Outstanding fees remain payable
• We may delete your data after a reasonable retention period
• Accrued commissions will be paid according to our payout schedule

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW:

• We provide services "AS IS" without warranties of any kind
• We are not liable for indirect, incidental, or consequential damages
• Our total liability shall not exceed fees paid in the last 12 months
• We are not responsible for third-party services (e.g., M-Pesa, internet connectivity)
• We are not liable for loss of revenue, data, or business interruption

12. Indemnification

You agree to indemnify and hold harmless PAY N BROWSE, its officers, directors, and employees from any claims, damages, or expenses arising from:

• Your use of our services
• Your violation of these terms
• Your violation of any third-party rights
• Your end-users' activities on your WiFi network

13. Regulatory Compliance

You must comply with:

• Communications Authority of Kenya (CA): Obtain necessary licenses if required
• Kenya Revenue Authority (KRA): Report and pay applicable taxes
• Data Protection: Comply with Kenya Data Protection Act, 2019
• Consumer Protection: Kenya Consumer Protection Act, 2012

14. Dispute Resolution

14.1 Governing Law

These terms are governed by the laws of Kenya.

14.2 Arbitration

Disputes shall first be resolved through good faith negotiation. If unsuccessful, disputes shall be resolved through arbitration under the Kenyan Arbitration Act, 1995, in Nairobi, Kenya.

14.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions.

15. Changes to Terms

We may modify these terms at any time. Material changes will be notified via:

• Email to your registered address (30 days' notice)
• Prominent notice on the platform
• In-app notifications

Continued use after changes constitutes acceptance of modified terms.

16. Miscellaneous

16.1 Entire Agreement

These terms, along with our Privacy Policy and other referenced policies, constitute the entire agreement between you and PAY N BROWSE.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

16.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

16.4 Assignment

You may not assign these terms without our consent. We may assign our rights without restriction.

17. Contact Information