TERMS AND CONDITIONS FOR THE RING BACK TONE SERVICE The following terms and conditions apply to Safaricom’s Ring Back Tone Service (“RBT Service”) and by utilising the RBT Service you will be deemed to have read, understood and accepted the same. 1. Description of the Service (a) The RBT service is a personalized ring back tone service whereby you can download or record a ring tone or message at the fee set out in paragraph 5 below. The selected ring tone will be played to and heard by your callers (both Safaricom subscribers and callers on other networks) 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. (b) Safaricom will from time to time publish a catalogue of all the tones existing in the RBT system with the ring tone code, artist and ring tone name on its website and the local press. 2. Features of the RBT Service (a) You can purchase a ring tone from the album on Safaricom’s database or you can record a message or tone on your phone to be played to your callers. (b) You can purchase or record a maximum of ten (10) ringback tones. (c) If you purchase or record only 1 ring tone, this tone will be played for all your callers. (d) If you have purchased or recorded more than one ring tone you can set specific tones for specified callers. You can set up to ten numbers for each ring tone. (e) If you purchase or record more than one ring tone but you do not specify the callers to whom each ring tone will be played the ringback tones you have purchased will be played randomly to your callers. 3. Eligibility (a) The RBT Service is available for both Post and Pre Pay subscribers on Safaricom’s network. (b) There shall be no registration for the RBT Service. (c) RBT Service is not valid when a subscriber is out of the county or is on Safaricom’s roaming service. (d) RBT Service is not valid for diverted calls, secondary lines for subscribers with dual SIM cards. (e) RBT Service cannot be used together with the usual standard ring tone. 4. How to Request for the RBT Service (a) Browse through the catalogue and select the ring tone or ringback tones you would like to purchase. Take note of the ring tone code and then request for the ring tone using one of the following methods: (i) Interactive Voice Response - Dial 811 and follow the voice prompts; or (ii) SMS – Send an SMS with the keyword ‘Buy’ and the code of the ring tone that you would like to purchase to 811 e.g. Buy 5000001; or (iii) Dialling *811# and following the prompts; or (iv) The internet (excluding WAP).Log on to the following website www.safaricom.co.ke/Skiza (b) You can also record your own ring tone (DIY) which you wish to be played to your callers using the following methods: (i) Interactive Voice Response - Dial 811 and follow the voice prompts; or (ii) The internet (c ) DIY Restrictions (i) Once you record the DIY ringtone, the ringtone will be vetted by Safaricom before it is downloaded onto your phone and played to your callers. (ii) Safaricom will not approve any DIY ring tone that contains any words or phrases which in the sole opinion of Safaricom are offensive, abusive, indecent, defamatory, obscene, pornographic or sexually explicit, depicts or promote violence, promotes hatred prejudice or malice whether expressly or by implication against a particular individual or grouping or whose publication sale or distribution is prohibited by law. (iii) Safaricom reserves the rights to block any DIY ring tone which violates this condition even after the tone has been downloaded your phone. (iv) A rejected DIY shall not be uploaded to subscribers personal album and shall not be charged (d) Once approved, the DIY is downloaded to your personal album and can be set for callers. (e) Once you successfully purchase a ring tone or once the approved DIY is downloaded to your personal album there shall be no reversal of the transaction. 5. Charges (a) For each purchase of a ring tone the following charges shall apply: (i) A content fee of Kes. 25.00 per tone; (ii) For Interactive Voice Access an access fees of Kes.3.00 per Minute, with per second billing; (iii) Charges arising from usage on phone browser and Web, if accessing the service using Safaricom, data cards; (iv) SMS access shall be fee Kes.1.00. (b) You shall be charged for each ring tone upon the successful upload of the tone. For DIY ringback tones the Kshs 25/- charge will be effected once the DIY ring tone has been approved and downloaded to your personal album. (c) Access fees arising out of the RBT Service shall be charged at the point of request for the ringback tone. (d) If you do not have sufficient funds in your account to cover the ringback tone fee of kshs 25/- the tone purchase or DIY will fail. However, all applicable access fee charges in relation to the failed purchase or DIY will apply. (e) You cannot purchase ring back tones using promotional accounts such as Bonga Points, Okoa Jahazi or Safaricom Magic Box vouchers. 6. Transfer of Ringback tones Ringback tones purchased through the RBT Service can only be transferred to another line by: (a) Gifting You can send a ringback tone that you have purchased to another Safaricom subscriber as a gift. Once the recipient accepts the gift, you will be charged 25/- cost of the ring tone. (b) Express Copy You copy the ringback tone of the person that you are calling by dialing 11 when the other person’s ring tone is playing. You will be charged the 25/- cost of a ringback tone once you successfully copy the ringback tone of the person that you are trying to call. (c) Express copy and Gifting is not allowed for DIY ringback tones. 7. Validity Period and Auto – Renew (a) All ringback tones shall be valid for a period 30 days from the date of purchase and this applies for ringback tones obtained through gifting or express copy as defined in paragraph 6 (a) and 6(b) above. (b) All ringback tones will be renewed automatically on the 30th day. Safaricom will send a reminder SMS on the 28th day and auto-renewal will be done on the 30th day. In case you do not have sufficient credit this process shall be repeated for every ringback tone that you have in your album. (c) Cost of renewal for Express Copy and Gifted ringback tones will be paid by the recipient. (d) If you have multiple ringback tones once the last purchased ring tone expires and is not auto-renewed, you will no longer be able to use the RBT service until you purchase another ringback tone. 8. Cancellation & Suspension of the RBT Service (a) You can cancel the RBT Service at any one time by sending an SMS to 811 with the words “OFF”. This action will terminate the RBT Service, but the ringback tones shall remain in your personal library for up to three days. No refund will be given by Safaricom for unexpired thirty day tone validity period. You can reactivate the service by sending the word “ON” to 811 before the expiry of the three day period (b) You can also suspend the RBT Service temporarily by sending the word “HOLD” to 811, after which the RBT Service can be continued by sending the word “UNHOLD” to 811. (c) The cancellation and suspension service will not affect the thirty day expiry period for the ringback tone and no refund will be offered or paid to you for the time during which you have cancelled or suspended the RBT Service. 9. Free Ringback tones Safaricom may provide free ringback tones from time to time. However you will be charged all other costs as outlined above other than the 25/- ring back tone fee. 10. Other terms and conditions (a) Safaricom reserves the right to vary or amend any features of the RBT Service or to amend these terms and conditions at any time. Such changes shall be advertised on Safaricom’s network and may also be published in the local press. Such changes shall not affect ringback tones that you have purchased as at the date of the changes. (b) The RBT Service is not a resale service and Simu ya Jamii operators, airtime and key account dealers will not have access to the service for resale to subscribers. (c) The standard terms and conditions for the Safaricom PrePay services will apply to the Safaricom ICE Service save where expressly varied by these terms and conditions.