Step 2: Agree to our Terms and Conditions

Please read and agree to the following terms and conditions by completing the form at the bottom of this page

These terms and conditions define the relationship between:

  1. You as the Agent, your nominees, successors, personal representatives and assigns; AND

  2. Viva Property Solutions P. O. Box 103635-00101 Nairobi, Kenya, it’s nominees, successors, personal representatives and assigns (hereinafter referred to as "Viva").

WHEREAS

  1. Interactive Media Services Limited (“IMS”), a Communications Commission of Kenya licensee, provides services by the use of a telecommunications short code to Viva on the shortcode 20242;

  2. the Agent, as agent of Viva, wants to market and provide content for the channel(s) on 20242 communicated to Viva by online application and/or email; and

  3. the Agent has offered Viva and Viva has accepted to rent out to the Agent the rights to income from the channel(s) so communicated subject to these terms and conditions;

It is hereby agreed that

 

  1. Definitions:

    1. “Rent” means the fee of Kes 5,000 prepaid by the Agent to Viva every 30 days for the right to income from a channel.

    2. “Agent” means you.

  2. The Agent’s Covenants;

    1. The Agent shall:

      1. prepay the Rent to Viva Property Solutions on or before the same day of every month;

      2. provide content by email in the form of 30 messages each with less than 160 characters;

      3. market the aforementioned channel(s);

    2. The Agent shall not:

      1. provide or send obscene or illegal content;

      2. violate copyright in providing content;

      3. offer competitions, betting or prizes;

      4. send bulk unsolicited sms (“spamming”) in a bid to market any service.

  3. Viva’s Covenants;

    1. Viva shall:

      1. Provide the Agent with (a) channel(s);

      2. Subject to the timely payment of the Rent by the Agent, Viva shall pay the Agent all of Viva’s sms revenues from the

        channel (designated as “Agent’s (your) share” in the schedule below);

      3. provide the following reports to the Agent on the performance of the subject channel(s):

        1. Messages sent and charged for;

        2. Number of subscribers;

  4. Payment:

    1. After deducting any Rent due, Viva shall pay the Agent the income from the channel assigned to the Agent within 5 days of the end of every month.

    2. The Agent shall issue Viva with a receipt upon receiving any payments from Viva.

  5. Termination

    1. This Agreement shall terminate automatically after one year. Renewal shall be by mutual consent in writing;

    2. This Agreement may be terminated by the Agent by giving one month’s notice;

    3. This Agreement may be immediately terminated by Viva if the Agent defaults in the payment of Rent.

  6. Miscellaneous

    1. This Agreement shall be governed by and construed in accordance with the laws of Kenya.

    2. This Agreement sets forth and shall constitute the entire agreement between all parties with respect to the subject matter

      hereof and shall supersede any and all promises representations warranties or other statements whether written or oral. Viva

      and the Agent may agree by written correspondence for a higher or lower fee per channel.

     

    0 – 100,000 sms per month

    100,001 – 500,000 sms per month

    500,001 and above sms per month

    Subscriber cost per sms

    10

    10

    10

    Balance remaining after VAT deduction

    7.94

    7.94

    7.94

    Safaricom Share of the Balance Remaining

    3.97

    3.17

    2.38

    PRS Share of the Balance Remaining

    1.19

    1.42

    1.67

    Agent’s (your) Share of the Balance Remaining

    2.78

    3.33

    3.89