Terms of Service
Effective Date: 1 January 2025 | Last Updated: 1 March 2026
1. Acceptance
By registering for or using the BENFEX platform, you agree to be bound by these Terms of Service ("Terms"). If you are registering on behalf of a business, you confirm that you have authority to bind that business to these Terms. If you do not agree, do not use BENFEX.
2. Eligibility
- You must be at least 18 years of age.
- Partners must be legally registered businesses or sole proprietors operating in compliance with applicable Kenyan telecommunications and business regulations.
- You must provide accurate and complete registration information and keep it up to date.
3. Partner Accounts
Each Partner account represents a single business entity. You may not share your login credentials or allow multiple organisations to use one account. You are responsible for all activity that occurs under your account, including the actions of sub-users (agents, sales staff, report viewers) you create.
4. Partner Obligations
- Provide internet services to your customers in compliance with all applicable laws, including the Kenya Information and Communications Act.
- Obtain any required licences for operating as an internet service provider or reseller.
- Not use BENFEX to facilitate unlawful activities, spam, or abuse of network resources.
- Maintain current contact and payment information on your account.
5. Subscription and Payment
- Partners pay a monthly subscription fee corresponding to their chosen plan, payable via M-Pesa.
- Subscriptions are billed monthly in advance. Payment is due before the subscription period begins.
- A 3-day free trial is granted to new Partners on first login. No payment is required during the trial.
- A grace period of 3 days is granted after a subscription expires. During grace, the account is read-only. After grace expires, the account is suspended.
- Subscription fees are non-refundable once a billing period has commenced.
- We reserve the right to adjust pricing with 30 days' written notice to active Partners.
6. Plan Limits
Each subscription plan carries limits on the number of customers, routers, and sub-users you may add. Exceeding a limit blocks the relevant action and prompts an upgrade. Limits apply at all times, including during the grace period.
7. Intellectual Property
BENFEX and all associated software, trademarks, and content are the property of BENFEX or its licensors. You are granted a limited, non-exclusive, non-transferable licence to use the platform solely for your business operations during an active subscription. You may not copy, reverse-engineer, or resell the platform.
8. Termination
- By you: You may cancel your account at any time by contacting support. No refund is issued for the remaining subscription period.
- By us: We may suspend or terminate your account immediately for breach of these Terms, non-payment beyond the grace period, or activity that poses a risk to the platform or other users. We may terminate for convenience with 30 days' notice.
- Upon termination, your data is retained for 7 years per our Privacy Policy, after which it is deleted.
9. Limitation of Liability
To the fullest extent permitted by law, BENFEX's total liability to you for any claim arising under these Terms shall not exceed the total subscription fees paid by you in the three (3) months preceding the claim. We are not liable for indirect, consequential, or loss-of-profit damages.
10. Governing Law
These Terms are governed by the laws of Kenya. Any disputes shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.
11. Changes to These Terms
We may update these Terms at any time. Active Partners will be notified by email at least 14 days before material changes take effect. Continued use after that date constitutes acceptance.
12. Contact
BENFEX — Nairobi, Kenya
Email: support@benfex.net