1. "Customer" means any person who purchases Goods and Services from the Supplier;

2. "Goods" means the articles specified in the proforma invoice;

3. "Proforma Invoice" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;

4. "Services" means the services specified in the Proforma Invoice and Grade of Service Document;

5. "Supplier" means WAFA

6. "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms
and conditions agreed in writing by the Supplier.


1. These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.

2. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.

3. Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.


1. The Customer shall be deemed to have accepted the terms and conditions and understanding of the Grade of Service purchased by placing an activation form for the service with the Supplier ("the Order") within the period specified in Clause 3.1.

2. All Orders for Goods and Services shall be deemed to be acceptance of the Grades of Service and hardware ownership conditions pursuant to these Terms and Conditions.


1. The price for the Goods and Services is as specified in the proforma invoice.

2. Payment of the price shall be in the manner specified in the proforma invoice. The service contract is 12/24 months renewable & continuous (meaning if within this 12/24 months for any reason the services are not renewed the 24 months will be taken into consideration for the date of latest reconnection , Non-payment on time before the expiry date will be considered as violation of above as reminders are send much before the expiry date time so any disconnection due to non-payment will be considered as non-continual contract unless stated otherwise ). No downgrade of subscription package can take place within the initial 3 month billing cycle. Modems sold by WAFA are non-open source and are to be used only on WAFAs chosen ISP networks. Also note that if a downgrade is done - the value of the deposit will be also downgraded to the lowest downgraded plan ( unless approved otherwise). On all networks ( especially Ka band networks ) where deposit is charged please note the deposit is refunded back towards the last month ( or 12th month ) whichever comes later - as long as the site has been renewed continuously with no breaks in the middle. If there has been a break then the contract will assumed from THAT date and not the initial activation date! Also note that deposit is ONLY given back in form of a service month ( value or service ) but never refunded in monetary format.

3. All subscriptions including renewals and reconnection can be made in 3 months or multiples of 3 month cycles (i.e. 6 months, 9 months, 12 months etc.) only ( unless stated/allowed specifically otherwise). Published rates are only applicable to these. Downgraded to both Shared and/or Dedicated bandwidth circuits need to be informed 30 days before the billing/renewal due date.

4. If the Customer fails to make any payment on subsequent invoice due dates the supplier shall be entitled to disconnect the service until payment for the next subscription period is made. Where a disconnection of service is enacted the supplier will be entitled to make an administration charge of US$ 50 for re-connection of the service. Any charges made by financial institution for failed transfers returned cheques etc should be borne by the customer.

5. The service contract is 12 months renewable ( only in case of military personnel there might be lower termed contracts varying from case to case ) & continuous . In case a site is disconnected and reconnected back later the re-connection date will be from the date the site was disconnected itself e.g. If a site was disconnected due to non-payment of renewal on 12th April 2012 and again reconnected from 22nd April 2012, then upon payment new expiry date will be 1 month/3 months from 12th April 2012 on wards etc. and NOT 22nd April 2012 on wards! In the event the site is reconnected back AFTER more than 30 days the deposit will not be refunded and client will have to do a new contract when wanting to reconnect, meaning a new deposit again. Any contract not terminated with 30 days prior notification when reaching its last month will assume automatic renewal for further 12 months.

6. Internet Service Provider is liable to revise the Service Plans, Fair Access Policy , Fap Free Zone Timing and/or Throttle Quotas without any prior notice.In case of YahClick and/or similar 3rd party ISP plans the 3rd party has the right to change service plans, Fair Access Policy,etc at anytime and the customer to comply.

7. Any free and/or subsidized hardware received from WAFA is subject to a minimum contract remaining upon receipt of hardware. If the contract is terminated before the contract period, WAFA reserve the right to transfer the subscribers service deposit to cover promotional hardware costs.

8. The price is exclusive of any applicable value added tax, excise, sales taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Products and Services, which the Client shall be additionally liable to pay to the Company. E.g. in certain countries if they want the provider to deduct e.g. 7% on Invoice to show this TAX as deducted then we will be invoicing the client 7% more on published rates to compensate.


1. The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.

2. All risk in the Goods shall pass to the Customer upon delivery.


1. Title in the Goods shall not pass to the Customer until 36 months from the date of delivery to compensate the supplier in terms of service revenue for the discounted price of the VSAT hardware. The terminal is supplied for use only on WAFAs chosen ISP network platform. The supplier reserves the rights to PIN protect the hardware to ensure only WAFAs chosen ISP networks to be used. In some cases WAFA even reserves the right to "never" let the hardware sold to be activated on any other network , but only on WAFA's Network.

2. Service Plans cannot be downgraded in any circumstances until 6 months of non-stop services are completed from first day of commencement of services.


To enable the Supplier to perform its obligations the Customer shall:

1. Co-operate with the Supplier;

2. Provide the Supplier with any information reasonably required by the Supplier;

3. Obtain all necessary permissions, licenses and consents, which may be required to import the system before the commencement of the services, the cost of which shall be the sole responsibility of the Customer. If the goods for any reason are not released by local customs "Wafa" will have no responsibilities and/or obligations towards this.; and

4. Comply with such other requirements as may be set out in the proposal or otherwise agreed between the parties.

5. Customers for some sites on some satellites need a clean carrier / cross pole test done and they must have some sort of interactive communications medium with the NOC in Europe to do the clean carrier. Either a phone and/or internet to chat. Without this no cross pole tests can be done. WAFA will not be responsible for any failure not to have such tools available in place.

6. In case 3rd party installers are very expensive WAFA holds no responsibility whatsoever to the installation costs involved.

7. Make sure installation location has clear line of sight to the satellite.


1. The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.

2. The Supplier shall supply the Services with reasonable skill and care and to a reasonable standard in accordance with recognized standards and codes of practice. The Supplier retains the right to alter the Grade of Service to ensure network integrity.

3. The Supplier accepts all responsibility for the condition of tools and WAFAs designated Service Provider's hub equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.

4. In addition to the Customer's statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 1 year from the date of delivery.

5. The Supplier provides the following guarantee(s) in relation to the services offered: In accordance with Service Level Agreement document


1. Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 30 days of delivery and the Customer shall be entitled to replacement Goods. The customer will be liable for return to supplier and bear the shipping costs. The supplier will check and return a replacement ( if needed .i.e. if the hardware is actually faulty).

2. The Customer may cancel an Order by notifying the Supplier in writing at the address above within 10 days of placing an Order and any deposit paid will be refunded in full.

3. If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.

4. The 2 way VSAT systems provided by WAFA are intended to be installed by a professional VSAT installer. However in the case of a customer attempting to install the system as a "self install" WAFA will offer reasonable remote assistance and allow the customer purchase of a satellite meter to try to aid "self installs". WAFA accept no liability should a "self install" be attempted and prove to be unsuccessful, therefore no refund of product or service will be considered.

5. If site is out of warranty and has gone faulty on any hardware component WAFA hold no responsibility of any deposit or partial subscribed services refund. The un-used days can be given back ( not after 30 days ) on purchase of new faulty component.

6. If the hardware is partially supplied by WAFA and client is using any old hardware in combinations , any old hardware being faulty is not WAFA's fault and no refunds can be claimed resulting from such.

7. In case installation cannot be done as satellite pointing cannot be completed due to line of site not being achieved - this is no fault of WAFA as any such probabilities must be discussed before e.g. any hindrance in line of sight e.g. massive structures, mountains , trees.  If any other satellite ( within our reach is possible ) pointing is possible and that requires another set of hardware and exchange is possible provided current hardware is shipped back to us ( at clients expense) and we will ship another system ( working on another satellite which might have line of sight [ to be checked ] ) and the shipping charges and/or any hardware differences in pricing is fully paid by the Client.


1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, not adhering to GOS or otherwise in excess of the price for the Goods and Services.

2. The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

3. For the avoidance of doubt, time shall not be of the essence and the supplier shall incur no liability to the Customer in respect of any failure to complete or provides the Services by any agreed completion date.


Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.


If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.