01 Introduction

These Terms and Conditions (“Terms”) govern the purchase of products, equipment, subscriptions, installation services, technical services, logistics, and other services supplied or arranged by SpaceX Africa (“SpaceX Africa”, “we”, “us”, or “our”).

By placing an order, accepting a quotation, making payment, or instructing SpaceX Africa to proceed with an order or service, the customer (“Customer”, “you”, or “your”) confirms that they have read, understood, and agreed to these Terms.

These Terms should be read together with the applicable quotation, invoice, order confirmation, service agreement, and any written terms specifically issued for the particular transaction.

02 Orders and Acceptance

• All orders are subject to acceptance and confirmation by SpaceX Africa.
• A quotation or pro forma invoice does not constitute confirmation of an order until the required payment has been received and/or SpaceX Africa has confirmed the order in writing.
• Product availability, pricing, delivery timelines, and subscription availability may change before an order is confirmed.
• SpaceX Africa reserves the right to decline an order where the requested product, service, destination, subscription, or installation cannot legally or technically be supplied.
• Once an order has been confirmed and procurement, dispatch, activation, or other fulfilment activities have commenced, cancellation may be subject to applicable charges.

03 Payment Terms

• Unless otherwise agreed in writing, payment must be made in full before the order is dispatched or the service is commenced.
• All invoices are payable in the currency stated on the invoice.
• The Customer is responsible for ensuring that the correct amount is received by SpaceX Africa. Any bank, payment processor, currency conversion, transfer, or transaction charges shall be borne by the Customer unless otherwise agreed.
• Payment shall only be considered received once the funds have cleared and are available to SpaceX Africa.
• SpaceX Africa may suspend fulfilment, dispatch, activation, installation, or other services where payment has not been received.
• Where an invoice states “INVOICE TO PAY”, payment constitutes confirmation of the Customer’s acceptance of the applicable quotation, invoice, order details, and these Terms and Conditions.

04 Prices and Quotations

• Prices are those stated on the applicable quotation or invoice.
• Unless expressly stated otherwise, prices do not include charges imposed by third parties, including customs duties, import taxes, regulatory fees, storage charges, destination handling fees, demurrage, inspection charges, or other government or logistics charges.
• Quotations may have a stated validity period. Where no validity period is stated, SpaceX Africa reserves the right to revise the quotation before order confirmation.
• Any additional work or costs arising from circumstances outside SpaceX Africa’s control may be charged separately where applicable.

05 Starlink Equipment and Services

• Starlink equipment is supplied subject to the availability, commercial terms, technical requirements, and service policies applicable to the relevant Starlink market and service region.
• SpaceX Africa does not guarantee that a particular Starlink service plan, roaming service, or equipment model will be available or authorized in every country or territory.
• The Customer is responsible for confirming that the intended use and installation location comply with applicable local laws and regulatory requirements.
• Starlink subscriptions are subject to the applicable terms, policies, coverage, service availability, and restrictions imposed by Starlink.
• SpaceX Africa is not responsible for changes made by Starlink to pricing, service plans, coverage, roaming availability, activation requirements, equipment policies, or other Starlink commercial or technical policies.
• Where a subscription is purchased through SpaceX Africa, the Customer acknowledges that subscription availability and continued operation may depend on the policies of the underlying service provider.

06 International Shipping and Delivery

• Estimated delivery dates are provided in good faith and are not guaranteed unless expressly agreed in writing as a guaranteed delivery commitment.
• International shipments may be subject to customs clearance, inspections, import permits, regulatory approvals, taxes, duties, documentation requirements, and other government procedures.
• Delays caused by customs authorities, regulatory authorities, couriers, ports, airports, government agencies, weather, strikes, security restrictions, or other third parties shall not automatically constitute a breach by SpaceX Africa.
• Where customs or regulatory authorities require additional documentation, inspections, permits, declarations, or fees, the Customer may be required to provide the necessary information or meet the applicable costs.
• SpaceX Africa will provide reasonable assistance with shipment documentation and communication with logistics providers but cannot guarantee the decisions or processing times of customs or government authorities.
• Delivery shall be considered completed when the shipment is delivered to the agreed delivery location or otherwise released to the Customer or authorized recipient by the appointed carrier.

07 Customs, Importation and Regulatory Compliance

• The Customer is responsible for ensuring that the equipment and services ordered can legally be imported, possessed, installed, and operated in the destination country.
• The Customer acknowledges that telecommunications and satellite equipment may be subject to country-specific licensing, type approval, frequency authorization, import permits, customs requirements, or other regulatory controls.
• Where regulatory approval is required, SpaceX Africa may assist the Customer where commercially agreed, but approval remains subject to the relevant authority.
• SpaceX Africa does not guarantee regulatory approval in any country unless such guarantee is expressly provided in a written agreement signed by an authorized representative.
• The Customer shall not request SpaceX Africa to knowingly import, supply, activate, install, or configure equipment in violation of applicable laws or regulations.

08 Installation Services

• Installation services are subject to the scope stated in the quotation or invoice.
• Installation pricing may not include additional works discovered after the site survey or during installation.
• Additional charges may apply for civil works, towers, masts, cabling, trenching, electrical works, difficult access, equipment relocation, structural reinforcement, additional networking equipment, or other works outside the agreed scope.
• The Customer is responsible for providing safe and reasonable access to the installation site.
• SpaceX Africa may postpone or stop an installation where the site is unsafe or unsuitable for the proposed installation.
• Where a site survey is required, recommendations are based on conditions observed at the time of the survey and may change due to construction, vegetation, weather, interference, or other environmental conditions.

09 Equipment Warranty

• Equipment warranty is subject to the manufacturer’s applicable warranty terms.
• SpaceX Africa may assist the Customer in communicating with the manufacturer or supplier where applicable.
• Warranty does not normally cover damage resulting from misuse, physical damage, unauthorized modification, improper installation, electrical surge, lightning, water ingress where not covered, vandalism, negligence, or use contrary to manufacturer instructions.
• Warranty claims may require serial numbers, proof of purchase, photographs, diagnostic information, or physical inspection.
• Where a product is confirmed to be defective under the applicable warranty, the remedy may include repair, replacement, or another remedy provided by the manufacturer or applicable law.

10 Returns, Cancellations and Refunds

• Cancellation requests must be submitted in writing.
• Where procurement, customization, activation, dispatch, importation, or other fulfilment activities have already commenced, cancellation may result in deductions for costs already incurred.
• Subscription payments may be subject to the refund and cancellation policies of the underlying service provider.
• Products returned due to a change of mind may only be accepted where SpaceX Africa has expressly agreed to the return and the product remains eligible for return.
• Returned equipment must be complete and, where applicable, include original accessories, packaging, documentation, and other supplied components.
• Nothing in these Terms limits any mandatory consumer rights or remedies provided by applicable law.

11 Customer Responsibilities

The Customer is responsible for:

• Providing accurate billing, delivery, identification, and contact information.
• Providing required import, regulatory, and compliance documentation.
• Ensuring the installation site is accessible and reasonably safe.
• Providing accurate information regarding the intended use and destination of equipment.
• Obtaining permissions required from landlords, property owners, authorities, or other relevant parties.
• Maintaining suitable electrical power and infrastructure where required.
• Using supplied equipment in accordance with manufacturer instructions and applicable laws.
• Paying all agreed charges and applicable third-party costs.

12 Technical Support

• Technical support provided by SpaceX Africa is limited to the scope of the purchased service.
• Remote troubleshooting may require access to relevant network, equipment, account, or configuration information.
• SpaceX Africa is not responsible for failures caused by third-party networks, internet service providers, electricity supply, environmental conditions, customer equipment, unauthorized configuration changes, or services outside its control.
• Where an issue requires a site visit, replacement equipment, additional configuration, or third-party intervention, additional charges may apply unless covered by an existing service agreement.

13 Limitation of Liability

• SpaceX Africa shall not be liable for delays, interruptions, or failures caused by circumstances outside its reasonable control.
• Such circumstances may include customs delays, government actions, regulatory restrictions, carrier delays, network outages, satellite service interruptions, weather, natural disasters, civil disturbances, strikes, equipment shortages, or changes in service-provider policies.
• To the extent permitted by applicable law, SpaceX Africa shall not be liable for indirect, incidental, special, consequential, or loss-of-profit damages arising from the supply or use of products or services.
• Nothing in these Terms excludes liability that cannot legally be excluded or limited.

14 Force Majeure

SpaceX Africa shall not be responsible for failure or delay caused by events beyond its reasonable control, including natural disasters, war, civil unrest, government restrictions, regulatory action, pandemics, strikes, transportation disruptions, telecommunications outages, satellite outages, supplier shortages, or other extraordinary events.

15 Customer Data and Information

• SpaceX Africa may collect and process information reasonably necessary to process orders, provide services, arrange delivery, provide technical support, comply with legal requirements, and communicate with the Customer.
• The Customer is responsible for ensuring that information supplied to SpaceX Africa is accurate and current.
• Customer information will be handled in accordance with applicable data protection and privacy laws.

16 Fraud and Misrepresentation

• SpaceX Africa reserves the right to suspend or cancel an order where there are reasonable grounds to suspect fraud, unauthorized payment, identity misrepresentation, unlawful use, or other prohibited activity.
• Where required, SpaceX Africa may request identification, company registration documents, proof of address, payment confirmation, or other documentation before fulfilling an order.

17 Third-Party Services

• Some products and services supplied by SpaceX Africa rely on third-party providers, including satellite operators, telecommunications providers, payment processors, couriers, customs agents, manufacturers, and software providers.
• The Customer acknowledges that third-party services may be subject to separate terms and conditions.
• SpaceX Africa is not responsible for changes to third-party services that are outside its control.

18 Intellectual Property

• All SpaceX Africa trademarks, logos, website content, documents, designs, photographs, software, and other intellectual property remain the property of their respective owners.
• Customers may not reproduce, modify, distribute, or commercially exploit SpaceX Africa materials without prior written permission.
• Third-party trademarks and product names remain the property of their respective owners.

19 Governing Law

These Terms shall be interpreted in accordance with the applicable laws of the Republic of Kenya, unless otherwise expressly agreed in writing.

Where a transaction is governed by mandatory laws of another jurisdiction, those mandatory legal requirements shall apply to the extent required by law.

20 Dispute Resolution

• The parties shall first attempt to resolve any dispute through good-faith communication and negotiation.
• Where a dispute cannot be resolved through negotiation, either party may pursue the remedies available under applicable law.
• Nothing in this section prevents either party from seeking urgent legal relief where such relief is reasonably necessary.

21 Changes to These Terms

SpaceX Africa may update these Terms from time to time.

The Terms applicable to a particular transaction shall generally be those provided or referenced at the time the order is confirmed, unless a later change is required by law or expressly agreed between the parties.

22 Entire Agreement

The applicable quotation, invoice, order confirmation, service agreement, and these Terms constitute the agreement governing the relevant transaction, subject to any specific written agreement signed by the parties.

If there is a conflict between these Terms and a specific written agreement, the specific written agreement shall prevail to the extent of the conflict.

23 Customer Acceptance