Terms of Service

📋 Table of Contents

1.Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between Sama Tech Institute Kenya ("we," "our," or "us") and you ("Student," "you," or "your") regarding your access to and use of our website samatech.co.ke, enrollment in our IT certification courses, and all related services.

By enrolling in a course, making a payment, or accessing our learning platform, you expressly agree to be bound by these Terms. If you do not agree to any part of these Terms, please do not enroll in our courses or use our services.

2.Key Definitions

For clarity throughout these Terms:

• "Course(s)": IT certification training programs offered by Sama Tech Institute Kenya, including but not limited to CCNA, CCNP ENCOR/ENARSI, CEH v13, CompTIA CySA+, Python Programming, and Linux Administration.
• "Learning Platform": The online portal, virtual labs, video content, and resources provided to enrolled students.
• "M-Pesa": Safaricom's mobile money service used for course payments in Kenya.
• "Vendor Certification": Official certifications issued by third-party organizations such as Cisco, EC-Council, or CompTIA (distinct from Sama Tech Institute certificates).
• "Effective Date": The date of your enrollment confirmation or first payment, whichever occurs first.

3.Course Enrollment & Eligibility

3.1 Eligibility Requirements

To enroll in our courses, you must:

• Be at least 16 years of age (learners aged 16-18 require parental/guardian consent)
• Provide accurate and complete personal information during registration
• Have access to a device (smartphone, tablet, or computer) with internet connectivity
• Agree to abide by our Student Code of Conduct (Section 6)

3.2 Enrollment Process

1. Select your desired course(s) via our website or WhatsApp
2. Complete the enrollment form with accurate details
3. Make payment via M-Pesa, bank transfer, or approved installment plan
4. Receive enrollment confirmation via SMS and email within 24 hours
5. Access the Learning Platform using credentials provided

4.💰 Payments & M-Pesa Terms

4.1 Accepted Payment Methods

We accept the following payment methods for students in Kenya:

• M-Pesa: Paybill Number: [INSERT PAYBILL], Account: Your phone number or enrollment ID
• Bank Transfer: Details provided upon enrollment confirmation
• Corporate Billing: Available for organizations (purchase order required)

4.2 M-Pesa Payment Terms

• Always use the correct Paybill number and account reference to ensure proper allocation
• Save your M-Pesa transaction confirmation SMS as proof of payment
• Payments are processed within 15 minutes during business hours (8AM-8PM EAT)
• Failed or reversed M-Pesa transactions will result in automatic course access suspension until resolved

4.3 Installment Plans

For eligible courses, we offer flexible M-Pesa installment plans:

• Maximum 3 installments for courses under KES 50,000
• First installment (minimum 40%) required to activate course access
• Subsequent installments due every 30 days
• Late payments (>7 days overdue) may incur a 5% administrative fee and suspend platform access

4.4 Price Changes

Course fees are quoted in Kenyan Shillings (KES) and are valid at the time of enrollment. We reserve the right to update prices for future cohorts with 30 days' notice. Enrolled students are locked into the price at their enrollment date.

5.Course Delivery & Access

5.1 Learning Format

Our courses are delivered via:

• Live Online Sessions: Scheduled via Zoom/Google Meet (recorded for on-demand viewing)
• Self-Paced Modules: Pre-recorded videos, readings, and quizzes on our Learning Platform
• Hands-On Labs: Virtual labs (Cisco Packet Tracer, cyber ranges, cloud IDEs) accessible 24/7
• WhatsApp Support: Direct access to instructors for quick questions

5.2 Access Duration

• Standard Access: 12 months from enrollment date for course materials and labs
• Exam Prep Access: Extended to 18 months for students registered for vendor certification exams
• Lifetime Updates: Minor content updates (bug fixes, security patches) included indefinitely

5.3 Technical Requirements

Students are responsible for ensuring their device meets minimum requirements:

• Stable internet connection (minimum 2 Mbps for live sessions)
• Modern web browser (Chrome, Firefox, Edge, or Safari)
• Audio/video capability for live sessions (headset recommended)
• Minimum 4GB RAM for virtual lab environments

We optimize our platform for low-bandwidth usage across Safaricom, Airtel, and Telkom networks.

6.Student Obligations & Code of Conduct

By enrolling, you agree to:

6.1 Academic Integrity

• Complete assignments and assessments independently unless group work is explicitly assigned
• Not share course credentials, materials, or lab access with unauthorized persons
• Cite sources appropriately in projects and avoid plagiarism

6.2 Respectful Engagement

• Treat instructors, staff, and fellow students with professionalism and respect
• Refrain from harassment, discrimination, or disruptive behavior in any forum
• Use communication channels (WhatsApp, email, chat) for course-related purposes only

6.3 Security & Compliance

• Not attempt to bypass platform security, scrape content, or automate access
• Use lab environments ethically and only for authorized learning activities
• Report security vulnerabilities responsibly to security@samatech.co.ke

7.🧠 Intellectual Property Rights

7.1 Our Content

All course materials, including videos, slides, lab guides, code samples, and assessments ("Course Content"), are the exclusive property of Sama Tech Institute Kenya or our licensed partners. You are granted a limited, non-exclusive, non-transferable license to:

• Access and view Course Content for your personal learning purposes
• Download materials for offline study during your enrollment period
• Use lab environments to practice skills within the scope of the course

7.2 Restrictions

You may NOT:

• Reproduce, redistribute, or sell Course Content to third parties
• Record live sessions or lab demonstrations without explicit written permission
• Reverse-engineer, decompile, or attempt to extract source code from our platforms
• Use Course Content to create competing training products or services

7.3 Student Work

You retain ownership of original projects, code, or assignments you create. However, by submitting work for feedback or assessment, you grant Sama Tech Institute a non-exclusive license to:

• Use anonymized examples for teaching, marketing, or quality improvement
• Provide feedback and grades as part of the learning process

We will always seek your explicit consent before using identifiable student work publicly.

8.🎓 Certification Exam Policies

8.1 Exam Registration

• Vendor exam registration is the student's responsibility unless purchased as part of a bundle
• Exam vouchers (if included) are valid for 12 months from issue date and non-transferable
• Exam scheduling, rescheduling, and cancellations follow the vendor's policies, not Sama Tech Institute's

8.2 Pass Guarantees & Retakes

While we proudly maintain a 98% first-attempt pass rate among our students, we cannot guarantee individual exam outcomes due to factors beyond our control (exam difficulty changes, student preparation, test-day conditions).

For courses with a "Pass Guarantee" offer:

• Complete all course modules and assignments within the access period
• Attempt the vendor exam within 6 months of course completion
• Submit proof of exam result to qualify for one free course retake (exam fees not included)

8.3 Sama Tech Institute Certificate

Upon successful course completion (minimum 80% assignment score + attendance), you will receive a digital Certificate of Completion from Sama Tech Institute Kenya. This certificate:

• Verifies your participation and achievement in our training program
• Is shareable on LinkedIn and professional portfolios
• Does not substitute for official vendor certifications

9.💸 Refund & Cancellation Policy

In compliance with the Kenya Consumer Protection Act, 2012, we offer fair and transparent refund terms:

9.1 Cooling-Off Period

• 7-Day Full Refund: Cancel within 7 days of enrollment confirmation for a 100% refund, no questions asked
• Refunds processed via original payment method within 5-10 business days
• M-Pesa refunds require the original transaction reference and phone number

9.2 Post Cooling-Off Refunds

After the 7-day period, refunds are considered case-by-case based on:

• Medical/Emergency: Full or partial refund with supporting documentation
• Course Quality Issues: Prorated refund if material defects are verified
• Student Dissatisfaction: Up to 50% refund if <25% of course content was accessed

9.3 Non-Refundable Items

The following are non-refundable under any circumstances:

• Vendor exam vouchers once issued or activated
• Physical materials (books, kits) once shipped
• Installment plan administrative fees
• Course access after 30% of content has been consumed

9.4 How to Request a Refund

1. Contact us via WhatsApp: +254 742 314 119
2. Provide your enrollment ID, reason for request, and supporting documents if applicable
3. Our team will review and respond within 5 business days
4. Approved refunds processed to original payment method

10.⚖️ Limitation of Liability

10.1 Service "As Is"

Our courses and Learning Platform are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

10.2 Exclusion of Consequential Damages

To the maximum extent permitted by Kenyan law, Sama Tech Institute Kenya shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or business opportunities
• Exam failure or certification delays
• Employment outcomes or salary expectations
• Technical issues beyond our reasonable control (internet outages, vendor platform downtime)

10.3 Our Total Liability

In any event, our total aggregate liability to you for any claim arising from these Terms or your use of our services shall not exceed the total amount you paid to Sama Tech Institute Kenya for the specific course giving rise to the claim.

11.🔒 Privacy & Data Protection

Your privacy is paramount. Our collection, use, and protection of your personal data is governed by our separate Privacy Policy, which is incorporated into these Terms by reference.

Key commitments under our Privacy Policy:

• Compliance with the Kenya Data Protection Act, 2019
• Secure handling of M-Pesa transaction data (no storage of PINs or bank details)
• Your right to access, correct, or delete your personal information
• Transparent cookie usage with opt-out options

By accepting these Terms, you also consent to the data practices described in our Privacy Policy.

12.🔄 Changes to Terms

We may update these Terms periodically to reflect changes in our services, technology, or Kenyan law. When we do:

• We will update the "Last Updated" date at the top of this page
• For material changes affecting your rights, we will notify you via email, WhatsApp, or a prominent website notice at least 14 days before the changes take effect
• Your continued use of our services after the effective date constitutes acceptance of the updated Terms

We encourage you to review these Terms periodically. The current version is always available at: samatech.co.ke/terms.html.

13.⚖️ Governing Law & Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

13.2 Informal Resolution First

We believe in resolving concerns amicably. Before pursuing formal legal action, you agree to:

1. Contact our support team via WhatsApp: +254 742 314 119
2. Allow us 14 business days to investigate and propose a resolution
3. Participate in good-faith discussions to reach a mutually acceptable solution

13.3 Alternative Dispute Resolution (ADR)

If informal resolution fails, disputes may be referred to mediation through the Chartered Institute of Arbitrators (Kenya Branch) before proceeding to court, in line with the Kenyan Arbitration Act, 1995.

14.📬 Contact Information

For questions about these Terms, enrollment support, or to exercise your rights, please contact us:

Regulatory Complaints: If you believe we have violated your consumer rights, you may lodge a complaint with the Consumer Federation of Kenya (COFEK) or the Office of the Data Protection Commissioner.