Onfon Media BUSINESS TUNES Terms And Conditions

In these General Terms and Conditions (“hereinafter “The Terms”) :- \

  • Reference to “Onfon Media” “We” “our” or “us” is reference to Onfon Media Limited and or its successors in title and assigns.
  • Onfon Media Limited is licensed and regulated by the Communications Authority (“CA”) under the Kenya Information and Communications Act No. 2 of 1998, Laws of Kenya
  • Onfon Media Limited is a company registered under the Laws of Kenya and having its registered address at Red Commercial Complex, Mombasa Road P.O. Box 69825-00400 Nairobi.

  • Reference to “You” “Your’ the “Player” or “Customer(s)” is reference to any person using the Service.

  • INTRODUCTION

    1. These Terms constitute a binding contract between You and Onfon Media. These Terms apply to all services offered by Onfon Media as described in paragraph 1.2. below. By using the Service, you agree to be bound by these Terms and Conditions.
    2. The Onfon Media Business tunes service is a personalized ring back tone service that enables you to download a Onfon Media tune at one off cost as set out in package available. The selected Onfon Media tune will be played to and heard by your callers from the time when the connection to your line is made until when you pick up or disconnect the call or until your caller is directed to your voice mail.
    3. By using the Service (including visiting any element of the Service, by entering any details into the Service or by opening an account to access the Service), You agree that: -
      1. You have understood and accepted these Terms;
      2. You are bound by the content as specified in these Terms;
      3. You are bound by the applicable rules relating to the purchase of the Onfon Media Business tunes;
      4. You have the mental capacity to take responsibility for Your own actions and can enter into this contract with us, which is enforceable by law;
      5. You are responsible for complying with all applicable laws
      6. You will only use the Service for lawful purposes and in a lawful manner
      7. You will only use the Service in compliance with applicable laws in your jurisdiction.
      8. You will not use the Service in any way which could be considered defamatory, abusive, obscene, unlawful, racist, sexist, discriminatory, or which could cause offence.
    4. In addition, as part of these Terms, you agree to be bound by:
      1. Onfon Media Privacy Policy.
      2. Any other terms, policies or rules applicable to the Service

  • AMENDMENTS TO THE TERMS

    1. Onfon Media reserves the right to update the Terms from time to time in order to address legal and regulatory changes, to incorporate changes in our business or the services offered, or to improve the clarity of the Terms.
    2. All changes will be published on the Website. The most-up-to-date Terms will be available on the Website. If you continue using the Services after the date on which the Terms come into effect, you will be deemed to have accepted those changes.

  • FEATURES OF THE Onfon Media SERVICE

    1. You can purchase a Onfon Media tune from available list of Jingles that suits your business needs. Details of the jingles are available on our website Skizas Website
    2. For the jingle that you choose you will be required to specify the Content of The Onfon Media Business tune you want played.
    3. The Onfon Media Business tune chosen will be played for all your callers.
    4. All Onfon Media Business tunes will be :-
      1. 30-40 seconds long
      2. set up on your behalf and available on your number within 72 hours of your application for a CRBT

  • ELIGIBILITY

    1. The Onfon Media Business tunes Service is available for all Business models.
    2. There shall be no registration for the Onfon Media Tunes Service.
    3. You will be required to enter Your personal details i.e. email address for invoicing and your mobile phone number in order to pay for the services.

  • PURCHASING A BUSINESS TUNE

    1. You can purchase the Onfon Media Tunes services by visiting our website Onfon Media Website/
    2. You will be required to choose a Jingle
    3. Once you have chosen a jingle, click on ‘Get Now!’ button and you will see a pop up window that has a form that requires you to fill in your full names, the business details, nature of business, location of business, email address, preferred voice gender, Mpesa phone number to pay with and then click ‘Purchase Business Tune’
    4. You will be required to specify the content you want in your business tune.
    5. Once you have successfully purchased a Onfon Media business tune, there shall be no reversal of the transaction.

  • CHARGES

    1. For each purchase of a Onfon Media Business tune the charges for each jingle shall apply.
    2. The charges for the Onfon Media tune is a one off charge

  • VALIDITY PERIOD

    1. All purchased Onfon Media business tunes shall be valid for as long as you wish to retain the tune. The purchase and payment for tunes shall be one-off.

  • DELETION OF SKIZA TUNES

    1. You can delete a Onfon Media business Tune by simply dialling *811# to delete the said tune.
    2. Onfon Media shall not offer any refunds for the deletion of one’s business tunes.

  • INDEMNITY

    1. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents, contractors and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses including legal fees, arising out of any breach of the Terms by You or any other liabilities arising out of Your access and use of the Service.
    2. Any breach will be regarded as a material breach and entitles us to terminate our Agreement with You immediately.

  • COMPLAINTS

    1. If You have a complaint or experience any difficulties, please contact our customer service center on 0703012400 or info@onfonmedia.com
    2. All written complaints will be processed and responded within fourteen days of receipt of the complaint. We maintain records of complaints received and actions taken in response to the complaints.

  • WARRANTY DISCLAIMERS

    1. THE SERVICE IS PROVIDED 'AS IS' AND WE MAKE NO WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE) INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
    2. The entire risk of as to the use, quality and performance of the Service is Yours. We make no warranty that the Service will meet Your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected or that the software or server that makes it available are free from viruses or bugs or represents that the full functionality, accuracy and reliability of the Service as to results or accuracy of any information obtained by You.
    3. We reserve the right to suspend, modify or remove or add to our Website any service or software at our sole discretion with immediate effect and without notice. We shall not be liable to You for any loss suffered by You resulting from any changes made or for any modification or suspension of or discontinuance of the Service and You shall have no claims against us in such regard.
    4. We do not take responsibility for computer malfunctions, failure of telecommunications service or Internet connections.
    5. We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give You as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.

  • INTELLECTUAL PROPERTY

    1. No one is authorised to copy, modify, tamper with, distribute, transmit, display, reproduce, upload or otherwise alter the content of our Service.
    2. You are not the owner of the Software; the Software is owned and is exclusive property of Us, the licensor, an associate, or a third party software provider company, (the "Software Provider"). The Software used and offered, and associated documentation are proprietary products of the Software Provider and it is protected through the world by copyright law. Onfon Media is the sole owner of the Stonehouse House Technologies logo. Any unauthorized use of any URL containing Onfon Media and or the Onfon Media logo may result in prosecution. Your use of the Software does not allow You or grant You any right of any intellectual property right in the Software. Onfon Media is the owner or the rightful licensee of the rights to the technology, software and business systems used within this Website; this also includes, but is not limited to, the special promotional software and intellectual property of this concept. The contents and structure of the Onfon Media Website pages are subject to copyright © and database right in the name of Onfon Media Limited. All rights reserved. The copyright in this Website including all text, graphics, code, files and links belongs to Stonehouse Technologies Limited and the site may not be reproduced, transmitted or stored in whole or in part without Stonehouse Technologies Limited’s written consent.

  • OUR LIABILITY

    1. IN NO EVENT SHALL WE OR THE SOFTWARE PROVIDER, OR ANY OF OUR OR THEIR AFFILIATES AND RELATED PARTIES, BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS, OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA, WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS OR DAMAGE HAS BEEN NOTIFIED TO US AHEAD OF TIME.
    2. The Website and the Service (including all material and information displayed on or via the Website and the Service) are provided without any guarantees, conditions or warranties as to their accuracy. Save where otherwise set out in these Terms and Conditions, and to the extent permitted by Applicable Law, We, the Software Provider, and any of our affiliates and related parties, hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and We exclude all liability for:-
      1. any error made due to the input of incorrect information by You;
      2. any fraud, deception or misrepresentations by You;
      3. our decision not to accept payment from You;
      4. any delay in receiving or accepting a purchase by us for the purpose of conducting identity verification procedures;
      5. any unauthorized interception or use of data relating to You or Your Account;
      6. any inability to use or access the Website for any reason;
      7. any cause over which We do not have direct control, including problems attributable to computer hardware or software (including computer viruses and including the Software), data transmission systems, telephone or other communications, or Internet service providers;
      8. the loss of any transactions caused by the loss or malfunction of any communications device used by Yourself or any entity relaying information between You, us, or any other payment solution company;
      9. any undelivered e-mail communications;
      10. the quality or availability (or lack thereof) of the Website or the Services;
      11. any results of any acts of government or authority or any force majeure event;
      12. any losses that Were not foreseeable to both parties when the contract between us was formed
      13. any losses arising from Your breach of these Terms
      14. any losses which are not caused by a breach of these Terms & Conditions on our part
      15. business losses;
      16. the defamatory, offensive or illegal conduct of any other customer;
      17. any loss incurred in transmitting information to the Website by the internet or by e-mail

  • YOUR LIABLITY

    1. You agree to fully compensate, defend and hold us (and our subsidiaries, employees, agents and/or partners) harmless from any claims, liabilities, costs, damages and expenses (including legal fees) that may arise as a result of:
      1. Your breach of these Terms; and
      2. access and use of the Website, the Services or the Software by Yourself or by anyone else using Your username and password.

  • MISCELLANEOUS

    1. Events Beyond our Control \

      We shall not be in breach of these Terms nor be liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.

    2. Waiver \

      Our failure or delay in enforcing or partially enforcing any term of these Terms shall not be interpreted as a waiver of any of our rights or remedies. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

    3. Entire Agreement

      These Terms, including any document expressly referred to in them, represent the entire agreement between You and us and replace any prior agreement, understanding or arrangement between You and us. Both parties acknowledge that neither party has relied on any representation, undertaking or promise made by the other except as expressly stated in these Terms & Conditions.

    4. Transfer of Agreement

      1. We may at any time assign or transfer any or all of our rights and obligations under these Terms. In particular, We may assign or transfer our rights and obligations to any purchaser of all or part of our business. We may also subcontract or delegate in any manner any or all of our obligations under these Terms to any third party or agent.
      2. These Terms are personal to You and You may not assign, sub-license or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Terms

  • NOTICES

    1. You agree to receive communications from us in an electronic form. Electronic communications include communications posted on the pages within the Website and/or the message in Your mobile phone, and/or delivered to Your email address, as decided by us from time to time. All communications in electronic format will be considered to be "in writing" and to have been received no later than five business days after posting or dissemination, whether or not You have actually received or retrieved the communication. We reserve the right, but assume no obligation, to provide communications in paper format.
    2. Any notices required to be given in writing to us or any questions concerning these Terms & Conditions should be addressed to 0703012400 or info@onfonmedia.com

  • Governing Law and Jurisdiction

    1. These terms and conditions are governed by laws of Kenya.
    2. The competent courts in Kenya will have exclusive jurisdiction in any matter arising from or related to these terms and conditions.
    3. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.