SMALLGIANT ORBIT Terms and Conditions

Part A: Platform terms (SMALLGIANT ORBIT and the Operator)

These terms form an agreement between SMALLGIANT ORBIT, of Nairobi, Kenya ("SMALLGIANT ORBIT", "we") and the person or business that signs up to use the billing platform (the "Operator", "you"). By creating an account or using the service you accept them.

1. Definitions

• Platform: the SMALLGIANT ORBIT billing system, including the admin panel, hotspot login pages, router setup wizard, plugins and APIs.
• Subscribers: the Operator's own customers who buy internet packages through the Operator's hotspot or PPPoE service.
• Router: MikroTik (or compatible) equipment the Operator connects to the Platform.
• Fees: the charges in the Operator's chosen plan (see section 3).

2. The service and your account

• We give you a non-exclusive, non-transferable right to use the Platform to bill and manage your own internet service.
• You must be 18 or older and able to enter a contract. You give us accurate business and contact details and keep them current.
• You are responsible for everything done under your account. Keep passwords private, use strong ones, and tell us at once if you suspect misuse. Give admin and staff logins only to people you trust, and remove them when they leave.
• Each Operator's data is kept separate from other Operators' data.

3. Fees and payment

• Fees are those in your plan: Hotspot 2.5% of hotspot sales (minimum Ksh 1,000 a month); PPPoE Ksh 20 per active client a month; Static IP Ksh 25 per active client a month; one-time onboarding fee Ksh 1,000. Current rates are shown on our website or in your order form.
• Fees are in Kenya Shillings, exclusive of VAT and other taxes unless stated. We invoice [monthly in arrears], and you pay within [7] days by M-Pesa Paybill/Till [number] or bank transfer.
• If an invoice is unpaid after [14] days we may suspend the account (section 10). Fees already paid are not refundable unless we say so in writing or the law requires it.
• We may change fees on [30] days' written notice. If you do not agree you may end the agreement before the change takes effect.

4. Your subscribers' money

• Subscribers' payments belong to you. Where the Platform is connected to your own M-Pesa shortcode (Paybill/Till/Daraja credentials), payments go straight to your shortcode and we never hold the funds.
• You are responsible for your own M-Pesa shortcode, its API keys and its charges. Keep keys secret; if they are exposed, rotate them immediately.
• You set your own packages and prices, and you handle refunds, disputes and complaints from your subscribers.
• You are responsible for taxes on your own sales, including VAT, income tax and excise duty on fees where they apply.

5. Acceptable use

You will not, and will not let others:

• use the Platform for anything unlawful, including fraud, harassment, or distributing illegal content;
• try to break, probe or overload the Platform, or access another Operator's data;
• resell or sublicense the Platform, or copy or reverse-engineer its code, except where the law allows;
• connect routers or services you do not own or have permission to manage;
• use Staff WiFi or other free access to resell bandwidth without paying the Platform's fees.

6. Licences and your responsibilities as an ISP

• You are solely responsible for holding every licence and authorisation your service needs, including any required by the Communications Authority of Kenya, county permits and business registration. The Platform is billing software; it is not a telecom licence.
• You must provide Subscribers with lawful, accurate information about prices, speeds, validity and support.
• You are responsible for your routers, links, upstream bandwidth, power and on-site equipment. Router configuration done by the wizard is a convenience: you check the result and keep your own backups.
• You must co-operate with lawful requests from authorities about your Subscribers; we may disclose information where the law requires it.

7. Data protection

• We process personal data in line with the Kenya Data Protection Act, 2019. For Subscriber data, you are the data controller and we are your data processor. We use it only to provide the service and on your instructions.
• Data we hold for you may include Subscriber names, phone numbers, MAC addresses, usernames, package and payment records, and login history.
• You must have a lawful basis to collect that data, tell Subscribers how you use it (for example on your hotspot login page), and register with the Office of the Data Protection Commissioner if the law requires it.
• We keep the data secure with access controls and separate databases, and we tell you without undue delay if we learn of a breach affecting you.
• When the agreement ends we return or delete your data as set out in section 10.

8. Availability, support and backups

• We aim for the Platform to be available [99%] of the time each month, excluding planned maintenance (announced where possible) and events outside our control such as power, upstream or internet failures.
• Support is by WhatsApp +254 745 285 549 or email network@smallgiantorbit.co.ke during [hours], with a target first response within [one business day].
• Routers keep serving paid Subscribers while the Platform is briefly unreachable, but new purchases and automatic activation may be delayed.
• We take backups of the Platform database [daily]. Backups are a safety net for us, not a substitute for yours: export your customer and transaction reports regularly and keep router backups.

9. Intellectual property

The Platform, its code, designs and branding belong to SMALLGIANT ORBIT or its licensors (including the open-source projects it builds on, which keep their own licences). You get only the right to use it as these terms allow. You keep ownership of your own data, logo and content, and give us permission to use them only to provide the service.

10. Suspension, termination and your data

• Either of us may end the agreement by [30] days' written notice. We may suspend or end it immediately for non-payment, breach of section 5, or conduct that puts the Platform or other Operators at risk.
• Before suspending for non-payment we will warn you. We may keep Subscriber sessions already paid for running for a short period.
• After termination, you may export your data for [30] days. After that we delete it, except what we must keep to meet the law (for example, accounting records).
• Sections on fees owed, liability, data protection and governing law survive termination.

11. Liability

• The Platform is provided "as is". We do not promise it will be error-free or uninterrupted.
• We are not liable for loss of profit, lost sales, loss of data, or indirect or consequential loss, or for problems caused by your routers, ISP, power, M-Pesa or other third parties.
• Our total liability to you for any claim is limited to the Fees you paid us in the [3] months before the claim arose.
• Nothing here excludes liability that cannot be excluded by law.
• You agree to cover us against claims from your Subscribers or third parties arising from your service, your pricing or your breach of these terms.

12. Governing law and disputes

These terms are governed by the laws of Kenya. We will first try to settle a dispute by talking; if that fails, it goes to [mediation / arbitration in Nairobi] or the courts of Kenya.

13. Changes

We may update these terms. We will tell you at least [14] days ahead for material changes. If you keep using the Platform after the date, you accept the update.

14. Contact

SMALLGIANT ORBIT, Nairobi, Kenya. Email network@smallgiantorbit.co.ke, WhatsApp +254 745 285 549, web https://smallgiantorbit.co.ke.

Part B: WiFi customer terms (template for Operators)

Operators can show this on their hotspot login page. Replace [Operator name] and the bracketed fields.

1. Who we are. Internet access is provided by [Operator name] ("we"). Billing is run on the SMALLGIANT ORBIT platform.
2. Packages. Each package has a price, speed or data limit and validity shown at purchase. Time runs from activation. Unused time or data is not refunded or carried over unless we say so.
3. Payment. Pay by M-Pesa as shown on the login page. Keep your M-Pesa message. If you paid and are not connected, contact [number] within [24 hours] with the M-Pesa code.
4. One device per voucher or account unless the package says otherwise. Do not share or resell your access.
5. Fair use. Do not use the service for illegal activity, spam, hacking, or content that harms others. We may slow or disconnect users who harm the network.
6. No guarantee. Speeds are "up to" the stated figure and can vary with distance, signal and demand. Outages happen; we will fix them as quickly as we can.
7. Your data. We collect your phone number, device MAC address, and usage and payment records to run the service and as the law requires, and we protect them as the Kenya Data Protection Act, 2019 requires. We do not sell your data. You can ask to see or correct it at [contact].
8. Security. Public WiFi is not private. Avoid sharing sensitive information on sites that are not secure.
9. Suspension. We may disconnect accounts that break these terms without refund.
10. Complaints. Contact [number / email]. Governing law: Kenya.