This Service Agreement ("Agreement") is entered into between Kappanetics Limited ("Service Provider"), a company duly registered under the laws of Kenya with its principal office at Ashane Gardens, Naivasha Road, Nairobi, Kenya, and any individual or entity ("Customer") accessing or using the services provided by the Service Provider.
By accessing or using our services, you agree to the terms and conditions outlined in this Agreement. If you do not agree, you may not use the services.
1. Scope of Services
The Service Provider agrees to provide services as described on its website or other official communication channels. These include software solutions and technical support.
2. Customer Responsibilities
- Compliance: The Customer agrees to use the services in compliance with all applicable laws and regulations in Kenya.
- Accurate Information: The Customer shall provide accurate and current information when registering for the services and update it as necessary.
- Security: The Customer is responsible for maintaining the confidentiality of their account credentials and ensuring that the services are not used for unauthorized or illegal purposes.
3. Fees and Payment Terms
- The Customer agrees to pay the fees associated with the services as outlined on the Service Provider’s website or agreed upon in a separate invoice or order form.
- Payments are due as specified in the invoice or payment agreement.
- Accepted payment methods include cheque, mobile money, card, or wire transfer.
- The service will be automatically disconnected on the due date if full payment for renewal is not received.
4. Data Protection and Privacy
- The Service Provider shall collect, process, and store personal data in accordance with the Kenyan Data Protection Act, 2019.
- Personal data will not be shared with third parties without the Customer’s consent unless required by law or necessary to provide the services.
- The Customer agrees to comply with applicable data protection laws, including obtaining necessary consents for any data they process through the services.
5. Service Availability and Maintenance
- The Service Provider will strive to ensure service availability but does not guarantee uninterrupted access.
- Scheduled maintenance and updates may temporarily affect service availability, and reasonable notice will be provided where possible.
6. Limitation of Liability
The Service Provider shall not be liable for any indirect, incidental, or consequential damages arising from the use of or inability to use the services, except as mandated by Kenyan law.
7. Term and Termination
- This Agreement remains in effect as long as the Customer uses the services or until terminated by either party.
- Either party may terminate this Agreement with 30 days’ written notice.
- Provided that any amounts pending or owed to Us shall be paid and shall not be negated by invoking this clause.
- The Service Provider reserves the right to terminate or suspend services immediately in cases of misuse, fraud, or breach of this Agreement.
8. Force Majeure
Neither party shall be held liable for any failure or delay in performance of its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, labor disputes, power outages, or internet service disruptions. The affected party shall notify the other party as soon as practicable and make reasonable efforts to resume performance as quickly as possible.
9. Amendments
The Service Provider may update or amend this Agreement from time to time. Notice of changes will be provided on the website or through official communication channels, and continued use of the services constitutes acceptance of the updated Agreement.
10. Governing Law
This Agreement is governed by and construed in accordance with the laws of Kenya. Any disputes arising under this Agreement shall be resolved amicably or through arbitration as per the Arbitration Act of Kenya.