sfc shujaa solutions cooperation agreement (25102013) 1

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DATED ____________________________ 2013 BETWEEN (1) SAFARICOM LIMITED AND (2) SHUJAA SOLUTIONS LIMITED COOPERATION AGREEMENT FOR SHORT CODE MANAGEMENT SFC- Shujaa Solutions Cooperation Agreement

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Page 1: Sfc shujaa solutions cooperation agreement (25102013) 1

DATED ____________________________ 2013

BETWEEN

(1) SAFARICOM LIMITED

AND

(2) SHUJAA SOLUTIONS LIMITED

COOPERATION AGREEMENT FOR SHORT CODE

MANAGEMENT

SFC- Shujaa Solutions Cooperation Agreement

Page 2: Sfc shujaa solutions cooperation agreement (25102013) 1

TABLE OF CONTENTS

1. DEFINITIONS AND INTERPRETATION 3

2. COMMENCEMENT AND DURATION 4

3. CONTACT PERSONS 4

4. SCOPE OF THE COOPERATION 4

5. WARRANTIES 5

6. SAFARICOM’S OBLIGATIONS 5

7. SHUJAA’S OBLIGATIONS5

8. ESCALATION PROCEDURES 5

9. CONFIDENTIALITY 5

10. INTELLECTUAL PROPERTY RIGHTS 6

11. INDEMNITY 6

12. INDEPENDENT CONTRACTOR AND AUTHORITY 7

13. TERMINATION 7

14. VARIATION TO THE AGREEMENT8

15. FORCE MAJEURE 8

16. GENERAL 9

17. DISPUTE RESOLUTION 10

18. NOTICES 10

19. COSTS 11

20. GOVERNING LAW 11

SCHEDULE

SCHEDULE 1 – SCOPE OF WORK

SCHEDULE 2 – ROLES AND RESPONSIBILITIES MATIX/ESCLATION PROCEDURES

SCHEDULE 3 – SUPPLIER CODE OF CONDUCT

SCHEDULE 4 – SAFARICOM OCCUPATIONAL SAFETY AND HEALTH SCHEDULE

THIS AGREEMENT is made on ……………………………………………………………..……………..2013,BETWEEN:

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1. SAFARICOM LIMITED a company incorporated in the Republic of Kenya and having its principal office at

Safaricom House, Waiyaki Way, Nairobi and of P.O. Box 66827-00800 Nairobi (hereinafter referred to “Safaricom”

)of the first part; and

2. SHUJAA SOLUTIONS LIMITED a limited liability company incorporated in the Republic of Kenya and having its

principal office at Kauria Close, off Muthangari Road, Lavington and of P.O. Box 48183-00100 Nairobi, Kenya

(hereinafter referred to as “Shujaa” ) which shall include its assigns and successors) of the second part; and

WHEREAS:

A. Safaricom is the leading provider of integrated communications solutions in Kenya including mobile internet.

B. Shujaa is a Content Service Provider operating in the Republic of Kenya providing customized mobile services.

C. The Parties wish to cooperate in the provision of short code management as more particular defined in the Scope

of Work (Schedule 1).

THEREFORE, in consideration of the mutual promises, representations, covenants and other good and valuable

consideration, the adequacy of which is hereby acknowledged, the Parties agree to be bound by the following

terms and conditions

1. DEFINITIONS AND INTERPRETATION

1.1 In this Agreement:

1.1.1 “Agreement" means this Agreement together with its Schedules;

1.1.2 “Code of Conduct” means the guidelines for professional conduct which Shujaas employees, agents and or

subcontractors will be required to adhere to during the short code management.

1.1.3 “Material Breach” means:

1.1.3.1 failure of either party to meet its obligations in this Agreement;

1.1.3.2 breach of intellectual property rights; and

1.1.3.3 breach of confidentiality and data protection provisions in this Agreement

1.1.4 "Intellectual Property" means (i) all copyright, design rights (whether registered or unregistered), database rights,

patents, utility models, Trademarks, trade secrets, trade names, domain names, moral rights, rights of publicity and

privacy, and any other intellectual property having a similar nature or equivalent effect anywhere in the world, and

(ii) applications for or registrations of any of the rights described in (i) above;

1.1.5 “Short Codes” means special telephone numbers, significantly shorter than full telephone numbers, that can be

used to address Short Messaging Service (SMS), Unstructured Supplementary Service Data (USSD) and

Multimedia Messaging Services (MMS) from Safaricom’s mobile phones

1.1.6 “Short Code Management” refers to the regulation of the use of short codes;

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1.1.7 “SMS” means short messaging services.

1.1.8 “USSD” means Unstructured Supplementary Services Data.

1.2 In this Agreement, unless the context otherwise requires, any reference to:

1.2.1.1 the singular includes the plural and vice versa;

1.2.1.2 a person includes reference to a body corporate or other legal entity;

1.2.1.3 any written law includes that law as amended or re-enacted from time to time;

1.2.1.4 any agreement or other document includes that agreement or other document as varied or replaced by the Parties

in writing from time to time;

1.2.1.5 a clause is to the relevant clause of this Agreement;

1.2.1.6 any Party includes that Party’s successors and assigns.

1.3 Clause headings are inserted for convenience only and shall be ignored in construing this Agreement.

1.4 Where the Agreement provides for the giving or issue of any notice, consent, approval certificate or determination,

it shall be in writing and the words notify, certify or determine shall be construed accordingly. Routine

communications relating to the performance of this Agreement may be conducted by electronic mail save where

otherwise restricted by the Parties. However, the Parties agree that any communication by electronic mail shall not

amount to notice in writing for the purposes of cause 23 (Notices) or sufficient to allow for a variation of this

Agreement for the purposes of clause 19 (Variation) and that any purported notice under, or variation of, this

Agreement by electronic mail shall have no effect.

2. COMMENCEMENT AND DURATION

This Agreement shall come into force on the date of this Agreement (“Commencement Date”) and shall remain

in force for a period of one (1) year unless earlier terminated in accordance with clause 13 (Termination) of this

Agreement and subject to successful completion of a pilot period of three (3) months. The Agreement can be

renewed on an annual basis for a further term of one year subject to satisfactory performance of Shujaa’s

obligations under this Agreement.

3. CONTACT PERSONS

Each Party will each:

3.1 Appoint a person or persons as nominated contacts who will be the central point of liaison between Safaricom, and

Shujaa for all routine issues regarding this Agreement; and

3.2 Notify each other of the contact details of the nominated contacts and with the contact details of any other person

or persons to act as the nominated contacts should the primary nominated contacts be unavailable. Each Party will

notify each other of any changes to these details.

3.3 For the avoidance of doubt the nominated contacts WILL NOT have the authority to amend or vary the terms of

this Agreement and any purported amendment or variation of, this Agreement by the nominated contact persons

shall have no effect.

4. SCOPE OF THE COOPERATION

4.1 The cooperation between the parties will facilitate:

4.1.1 Management of the use of Short Codes.

4.1.2 Allocation of SMS and USSDs to institutions and ensuring that the limit is not exceeded.

4.1.3 Mitigation of the use of Short Codes.

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5. WARRANTIES

5.1 Safaricom and Shujaa each in their individual capacity warrant:

5.1.1 that they have the requisite authority to enter into this agreement and that the execution of this agreement shall in

no way breach the rights of any third party.

5.1.2 that they will take out and maintain the requisite licences, permits, authorisations required to carry on, enter into

and maintain the activities anticipated in this Agreement.

6. SAFARICOM’S OBLIGATIONS

Safaricom shall create a SMS and USSD short code and provide to Shujaa solutions for implementation..

7. SHUJAA’S OBLIGATIONS

Shujaa will be responsible for:

7.1 Managing the use of short codes.

7.2 Activating the sliced short codes to developers and ensuring that the codes are deactivated upon expiry of usage.

7.3 Ensuring no misuse of the short codes by securing the connection and various servers.

7.4 Providing allocation of SMS and USSD to institutions and ensure the limit is not exceeded. If this is exceeded

Shujaa will be responsible for providing payment to Safaricom.

7.5 Advertising the usage of short codes to different institutions..

7.6 Sharing the statistics of the short codes with the Strategy and Innovation Department of Safaricom on a weekly

basis.

7.7 Sharing various proposals from developers and institutions.

7.8 Ensuring all risks of using the short code are mitigated. Including spamming and misuse and abuse of the short

codes by the developers, institutions and the general public.

7.9 Ensuring no business is run from the short codes by any institutions, Shujaa solutions, general public or

developers.

7.10 Providing a log of users and identification for the use of the short codes and duration used on request. This should

also be included in the reporting requirements to Safaricom.

7.11 Tracking the users of the short codes.

7.12 Executing a standard agreement with all institutions that are allocated short codes that clearly specifie that the

institution will be liable if codes are abused within the institution.

7.13 Complying with the Supplier Code of Conduct (Schedule 3) and Safaricom Occupational Safety and Health

Schedule (Schedule 4) in the conduct of short code management.

8. ESCALATION PROCEDURES

Where a request does not receive a response as required under this Agreement, Safaricom shall be entitled to

contact Shujaa’s escalation contact whose details are given in Schedule 2 (Roles and Responsibility

Matrix/Escalation Procedures) and which contact shall be responsible for ensuring that the situation is rectified. If

the situation is not rectified within the time period specified in the relevant Schedule. Safaricom may further

escalate the problem to the next escalation contract whose details are similarly given in Schedule 2 (Roles and

Responsibility Matrix/Escalation Procedures). The Supplier may change its escalation contacts by notice in writing

to Safaricom but any replacements shall be of a similar or greater level of seniority.

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Stanley Kirui, 05/11/13,
Note Carefully
Stanley Kirui, 05/11/13,
We need safcom here
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9. CONFIDENTIALITY

9.1 Neither party shall during the life of this Agreement or thereafter disclose to any third party, or use for any purpose

the information gained in connection with this Agreement, but each party may disclose to its officers and

employees such information as may be required for them to fulfil their proper performance of their duties, and may

be used in the proper exercise of its rights and obligations under this Agreement on condition that the parties

ensure that such officers and employees are bound by the confidentiality clauses of this Agreement.

9.2 The Parties hereby agree that they shall not transmit, copy, relay, communicate and/or sell in whole or in part any

Confidential Information to any third party.

9.3 The obligations of confidence and restrictions on disclosure shall not apply in the following circumstances;

9.3.1 where such information was already known prior to this Agreement;

9.3.2 where such information was already in the public domain or

9.3.3 where a third party, who did obtain the same from the disclosing party, disclosed such information to it lawfully.

9.3.4 Where the disclosure is required by governmental or regulatory authorities

9.4 The provisions regarding Confidentiality shall survive the termination or expiry of this Agreement.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 All Intellectual Property Rights owned by one Party shall remain vested in such Party.

10.2 Information provided to or obtained by Shujaa pursuant to this Agreement, pertaining to Safaricom’ s Network is the

property of Safaricom and shall not be used other than as agreed in this Agreement or otherwise disclosed to any

other third party by Shujaa without the prior written consent of Safaricom.

10.3 Information provided to or obtained by Safaricom pursuant to this Agreement, pertaining to Shujaa’s trade secrets,

products and intellectual property is the property of Shujaa and shall not be used other than as agreed in this

Agreement or otherwise disclosed to any other third party by Safaricom without the prior written consent of Shujaa.

10.4

11. INDEMNITY

11.1 If any of the Parties fail in any respect to comply with any of their obligations contained in this Agreement and

without in any way detracting from whatever other rights and remedies the other Party may have, the Party who

has failed to comply with its obligations hereby indemnifies and holds harmless the other Party against any Losses

incurred as a result of such failure. For the purpose of this clause, “Losses” means all losses, liabilities, damages

and claims, and all related costs and expenses suffered by either Party (including reasonable legal expenses,

tracing and collection charges, costs of investigation, interest and penalties) but specifically excluding all losses,

liabilities, damages and claims which are regarded in law as incidental, consequential damages;

11.2 Notwithstanding any other provision in this Agreement, the Parties hereby agree to indemnify in full and hold

harmless each other, from and against all claims, liabilities, losses, damages, and expenses incurred (including any

legal costs or penalties and liabilities awarded or imposed by a court or expenses properly incurred) by the

innocent Party pursuant to any breach or non-observance by the other Party, its agents or servants of any of its

obligations, warranties or representations under this Agreement.

11.3 General Issues Relating to the Indemnities:

11.3.1 The Parties acknowledge and agree that their obligations hereunder shall be in addition to any rights that the other

Party may have at law or otherwise.

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11.3.2 The provisions of clause 11 are a continuing obligation separate and independent from any other obligations and

will survive the termination of this Agreement.

11.3.3 Notwithstanding any other provision in this Agreement it is not necessary for the innocent Party to incur expense

before enforcing a right of indemnity under this Agreement.

12. INDEPENDENT CONTRACTOR AND AUTHORITY

12.1 Nothing contained in this Agreement shall constitute or be deemed to constitute the Parties, their agents or partner

of each other for any purpose whatsoever.

12.2 All Parties shall not, and shall ensure that its employees, agents and/or representatives shall not, carry on

Agreement negotiations or enter into correspondence on behalf of any of the other Parties, or use the name of the

other Parties in any media or printed matter (without the prior written consent of the other Parties), nor shall the

Parties employees, agents and/or representatives have, or purport to have, authority to execute legal documents,

enter into legal agreements or otherwise in any way bind the other Parties or create or incur any legally binding

commitments or liabilities of any kind or nature on behalf of the other Parties.

12.3 Neither Party shall incur any liability whatsoever to the other or any other person by reason of any failure on the

part of either Party to honour any contract entered into with its sub-contractor(s), technical partners, agents and

supplier(s).

13. TERMINATION

13.1 Termination for Convenience by Either Party

Either Party may terminate this Agreement at any time by giving to the other Party not less than thirty (30) days

prior written notice.

13.2 Termination for Cause

Either Party shall be entitled to terminate this Agreement immediately without prejudice to any other remedy at its

disposal by giving written notice to the other Party, such termination immediately effective upon the giving of such

notice of termination, if:

13.2.1 The other Party fails to comply with its obligations under this Agreement, and, if the failure can be cured, the Party

fails to cure such a failure within fourteen (14) days written notice from the other Party or such other period as may

be indicated by the other Party in the notice or declares that it will not be able to remedy the default within such

time.

13.2.2 The other Party abandons or (except where required or agreed upon with the other Party) suspends the execution

of its obligations under this Agreement.

13.2.3 the Kenya Government, the CCK or any Kenyan court should take any decision or perform any act which suspends

and/or revokes Safaricom’ s License or makes Safaricom unable to perform its commitments under this

Agreement;

13.3 Immediate Termination

Each Party shall be entitled to terminate this Agreement by giving written notice to the other Party such

termination immediately effective upon the giving of such notice of termination:-

13.3.1 if one Party ceases or threatens to cease to carry on its business;

13.3.2 if a receiver, administrator or similar officer is appointed over all or any part of the assets or undertaking of the

other Party;

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13.3.3 if one Party makes any arrangement for the benefit of its creditors;

13.3.4 if one Party goes into liquidation save for the purposes of a genuine amalgamation or reconstruction;

13.3.5 in the event of either party being prohibited by any law or official requirement from complying with the terms of this

Agreement;

13.3.6 Where a Material Breach, that is so described in this Agreement is occasioned by either Party and is not remedies

within seven (7) days of the breach;

13.3.7 In the event that there is an abuse of short codes by third parties.

13.4 Consequence of Termination

13.4.1 Upon termination of this Agreement, Shujaa shall promptly return to Safaricom (or otherwise dispose of as

Safaricom may instruct and at Safaricom cost) all the confidential information and any documentation containing

Confidential Information and Safaricom shall promptly return all or any Confidential Information relating to or

belonging to Shujaa.

13.4.2 Shujaa shall also be responsible for ensuring smooth migration to a new provider also providing migration

parameters including the data to the new provider.

13.4.3 The termination of this Agreement shall be without prejudice to all accrued rights and obligations of the Parties

under this Agreement.

13.4.4 Either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of

this Agreement and the termination of this Agreement shall not affect or prejudice such rights and remedies and

each party shall be and remain liable to perform all outstanding liabilities under this Agreement notwithstanding that

the other may have exercised one or more of the rights and remedies against it.

14. VARIATION TO THE AGREEMENT

14.1 Unless otherwise provided for in this Agreement this Agreement shall not be varied or amended, unless both

Parties shall expressly agree to such variation or amendment in writing.

14.2 No variation, extension or amendment of the express terms of this Agreement shall be binding upon Safaricom, or

Shujaa as the case may be unless and until it is confirmed in writing and signed by both Parties.

15. FORCE MAJEURE

15.1 Definition of Force Majeure

For the purposes of this Agreement, “Force Majeure” means an event which could not reasonably have been

avoided by a diligent party in the circumstances, which is beyond the reasonable control of a party and which

makes a party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be

considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder,

earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts,

confiscation or any other action by government agencies.

15.2 Negligence and intentional acts

Force Majeure shall not include any event which is caused by the negligence or intentional action of a Party or

such Party’s or agents or employees, or by a failure to observe good professional practice.

15.3 Financial constraints

Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.

15.4 Performance excused

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The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be a breach of, or default

under, this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party

affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures,

all with the objective of carrying out the terms of this Agreement.

15.5 Duty to mitigate

A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party’s inability

to fulfil its obligations hereunder with a minimum of delay. The Parties shall take all reasonable measures to

minimise the consequence of any event of Force Majeure.

15.6 Notification

A Party affected by an event of Force Majeure shall notify in writing the other Party of such event as soon as

possible, and in any event not later than five (5) days following the occurrence of such event, providing evidence

of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as

soon as possible.

15.7 Consultation

Not later than fourteen (14) days after either Party, as a result of an event of Force Majeure, has become unable

to discharge a material portion of its obligations, the Parties shall consult with each other with a view to agreeing

on appropriate measures to be taken in the circumstances.

16. GENERAL

16.1 No Waiver

Except where this Agreement provides otherwise, the rights and remedies contained in it are cumulative and not

exclusive to rights or remedies provided by law. The failure by either Party to enforce at any time or for any

period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right

at any time subsequently to enforce all terms and conditions of this Agreement.

16.2 Severability

If any provision of this Agreement is declared by any judicial or other competent authority or an arbitrator

appointed hereunder to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that

provision in such reasonable manner as achieves the intention of the Parties without illegality. For avoidance of

doubt, the remaining portion of the Agreement shall remain in force.

16.3 This Agreement constitutes the entire agreement between the Parties and supersedes any previous agreement or

relationship of whatsoever nature between the Parties.

16.4 No terms or conditions endorsed upon, delivered with or contained in Rapid’s documents including local purchase

order, acceptance of order or delivery note will form a part of this Agreement and Rapid waives any right which it

otherwise might have to rely on such terms and conditions.

16.5 This Agreement may be executed in several counterparts, each of which shall be an original but all of which shall

together constitute one and the same agreement.

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16.6 Compliance with Laws and Codes of Conduct

Shujaa will comply with the provisions of the Supplier Code of Conduct and Safaricom’ s Occupational Safety and

Health Schedule as set out in Schedules 3 to 4 to this Agreement and as may be amended and communicated to

the Supplier from time to time.

17. DISPUTE RESOLUTION

17.1 Amicable Settlement

The parties shall use their best efforts to settle amicably any dispute arising from or in connection with this

Agreement or the interpretation thereof.

17.2 Arbitration

17.2.1 If the dispute has not been settled pursuant to clause 20.1 above within ten (10) days from when the amicable

resolution was instituted, any party may elect to commence arbitration. Such arbitration shall be referred to

arbitration by a single arbitrator to be appointed by agreement between the Parties or in default of such agreement

within fourteen (14) days of the notification of a dispute, the arbitrator shall be appointed upon the application of

either Party, by the Chairman for the time being of the Kenya Branch of the Chartered Institute of Arbitration of the

United Kingdom.

17.2.2 Such arbitration shall be conducted in Nairobi in accordance with the Rules of Arbitration of the said Institute and

subject to and in accordance with the provisions of the Arbitration Act 1995.

17.2.3 To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the

Parties hereto.

17.2.4 Pending final settlement or determination of a dispute, the Parties shall continue to perform their subsisting

obligations hereunder.

17.2.5 Nothing in this Agreement shall prevent or delay a Party seeking urgent injunctive or interlocutory relief in a court

having jurisdiction.

18. NOTICES

18.1 Addresses

The Parties select as their respective addresses, the addresses set out below for all purposes arising out of or in

connection with this Agreement at which addresses only all processes and notices arising out of or in connection

with this Agreement may validly be served upon or delivered by the Parties.

Safaricom: The Chief Executive Officer

Safaricom Limited,

Safaricom House,

Waiyaki Way

P.O. Box 66827-00800 Nairobi

Nairobi, Kenya

Shujaa: The Managing Director,

Shujaa Solutions Limited

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Kauria Close,

off Muthangari Road,

Lavington,

P.O. Box 48183-00100

Nairobi, Kenya

18.1.1 Routine communications relating to the performance of this agreement may be conducted by electronic mail.

However, the parties agree that any communication by electronic mail shall not amount to notice in writing for the

purposes of this clause 18 (Notices) or sufficient to allow for a variation of this agreement for the purposes of

clause 14 (Variation to the Agreement) and that any purported notice under, or variation of, this agreement by

electronic mail shall have no effect.

18.2 Time of Delivery

Any notice shall be in writing and shall either be delivered by hand or sent by registered post or facsimile:

18.2.1 if delivered by hand it shall be deemed to have been duly received by the addressee on the date of delivery;

18.2.2 if posted by prepaid registered post it shall be deemed to have been received by the addressee on the fifth

business day following the date of such posting; or

18.2.3 if sent by facsimile it shall be deemed to have been served once the sender has received a receipt indicating

proper transmission.

18.3 Change of Address

Either Party may provide changes in the above addresses by notice in writing given to the other Party as

aforesaid.

19. COSTS

Each party shall bear its own costs incurred in the negotiation, preparation and execution of this Agreement.

20. GOVERNING LAW

The construction, validity and performance of this Agreement shall be governed in all respects by the Laws of

Kenya.

IN WITNESS WHEREOF the duly authorized representatives of the Parties have set their respective hands hereunto the

day and year first herein written.

Signed by the duly authorised representative of

SHUJAA SOLUTIONS LIMITED

Signed by the duly authorised representatives of

SAFARICOM LIMITED

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Signature: ....................................................................

Name: ..........................................................................

Designation: .................................................................

Date of Execution………………………………….

Signature: ....................................................................

Name: .........................................................................

Designation: ...............................................................

Date of Execution………………………………….

Signature: ....................................................................

Name: ..........................................................................

Designation: .................................................................

Date of Execution………………………………….

Signature: ....................................................................

Name: .........................................................................

Designation: ...............................................................

Date of Execution………………………………….

SCHEDULE 1-SCOPE OF THE SERVICES

As* attached

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SCHEDULE 2-ROLES AND RESPONSIBILITIES MATRIX/ESCALATION PROCEDURES

A. ROLES AND RESPONSIBILITEIS MATRIX

The table below is a matrix indicating the roles and responsibilities required of each party:

ROLE RESPONSIBILITYCreating a SMS and USSD short code SafaricomManaging the use of short codes. Shujaa Solutions

Activating the slices short codes to developers and ensuring that the codes are deactivated upon expiry of usage.

Shujaa Solutions

Ensuring no misuse of the short codes by securing the connection and various servers.

Shujaa Solutions

Providing allocation of SMS and USSD to institutions and ensuring the limit is not exceeded.

Shujaa Solutions

Advertising the usage of short codes to different institutions.

Shujaa Solutions

Sharing the statistics of the short codes with the Strategy and Innovation Department of Safaricom on a

Shujaa Solutions

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weekly basis.

Sharing various proposals from developers and institutions.

Shujaa Solutions

Ensuring all risks of using the short code are mitigated. Including spamming and misuse and abuse of the short codes by the developers, institutions and the general public.

Shujaa Solutions

Ensuring no business is run from the short codes by any institutions, Shujaa solutions, general public or developers.

Shujaa Solutions

B. ESCLATION PROCEDURES

In the event that any Party does not respond to requests, there are four levels of escalation as detailed below.

Escalations: Safaricom

ESCALATION LEVEL

POSITION NAME CONTACT

Level 1 Innovation Specialist David Tole Email: [email protected]

Level 2 Head of Innovation Veronica Ogeto-Tchoketch Email:[email protected]

Level 3 Director Strategy and Innovation

Joseph Ogutu Email:[email protected]

Level 4 Chief Executive Officer

Bob Collymore Email:[email protected]

Escalations: Shujaa Solutions Limited

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ESCALATION LEVEL

POSITION NAME CONTACT

Level 1 System Administrator

Roy Mwika Email:[email protected]

Level 2 Software Developer Martin Wachira Email:[email protected]

Level 3 Software Developer Anthony Wafula Email:[email protected]

Level 4Technical Lead/ Director

Michael Wakahe Email:[email protected]

SCHEDULE 3-SUPPLIER CODE OF CONDUCT

As * attached

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SCHEDULE 4- SAFARICOM OCCUPATIONAL SAFETY AND HEALTH SCHEDULE

As * attached

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