Terms of Service
Agreements and Policies
Effective Date: May 01, 2024
This Terms of Service Agreement (“Agreement”) is a binding agreement between Imakangi, a Kenyan software development company (“Imakangi”, “us”, “we”, or “our”) and you, the user of our services (“you”, “your”, or “user”). This Agreement governs your access to and use of our website and the services we offer (the “Services”).
- Policies.
Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, if applicable, you are also agreeing to the terms of the following policies and agreements. Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.
- Policies.
1. Eligibility, Registration and Account Security
By accessing or using our Services, you represent and warrant that:
- You are at least 18 years old and have the legal capacity to enter into a binding agreement.
- You will use the Services in accordance with this Agreement and all applicable laws and regulations.
- You will provide accurate and complete information when registering for an account with Imakangi.
- You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
- You agree to accept responsibility for all activities that occur under your account or password.
2. Subscriber’s Responsibilities
- You are responsible for providing us with clear and concise requirements for your website or software project.
- You will cooperate with us in a timely manner to provide any information or materials necessary for the completion of your project.
- You will refrain from providing any content that is illegal, obscene, defamatory, or infringes on the intellectual property rights of any third party.
- You are responsible for obtaining all necessary permissions to use any content you provide to us, including text, images, and trademarks.
3. Payment
- Website Subscription Services: You agree to pay the annual subscription fee of KES 6,999 for a fully developed website delivered within 3-7 days of payment receipt. This includes unlimited emails. To own the website, a one-time fee of KES 45,000 is required.
- Custom Websites and Software Development: Our pricing depends on your specific requirements. We will provide you with a detailed quote before commencing any work.
- Social Media Management: Our fee is KES 4,000 per month per social media platform, per page.
- Payment methods include M-Pesa, Cash Payment.
- You are responsible for all taxes and fees associated with your payment.
4. Term and Automatic Renewal
- Website Subscription Services: Your subscription will automatically renew for one year at the end of the current term unless you cancel it before the renewal date.
- Custom Websites, Software Development and Social Media Management: These services are provided on a project basis or monthly basis (for social media management) as agreed upon in the project quote or contract.
- Automatic Renewal for Software (if applicable): If your software requires ongoing maintenance or support, we may offer an automatic renewal option. You will be notified before any automatic renewal and have the opportunity to cancel.
5. Termination and Non-Payment
We may terminate this Agreement at any time, with or without notice, for any reason, including, but not limited to, if you breach any provision of this Agreement.
We may also terminate your account or suspend your access to the Services if you fail to make a payment when due.
6. Refund Policy
- Website Subscription Services: Fees for website subscription services are non-refundable except in cases where Imakangi fails to deliver the website within the stipulated 60 days post receipt of payment. In such cases, you may be eligible for a partial or full refund, subject to review.
- Custom Websites and Software Development: Due to the custom nature of these projects, refunds are generally not available. However, we may consider partial refunds on a case-by-case basis.
- Social Media Management: We do not offer refunds for social media management services.
7. Website Usage
You agree to use our website and Services in accordance with all applicable laws and regulations. You will not use our website or Services for any illegal or unauthorized purpose.
8. Governing Law and Arbitration
This Agreement shall be governed by and construed in accordance with the laws of Kenya.
Any dispute arising out of or relating to this Agreement shall be settled by arbitration in Nairobi, Kenya, in accordance with the Arbitration Act (Cap 45 of the Laws of Kenya).
9. Entire Agreement
This Agreement constitutes the entire agreement between you and Imakangi regarding your use of the Services and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
10. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
11. Amendment
We may amend this Agreement at any time by posting the amended terms on our website. You are responsible for checking the terms periodically for any changes. Your continued use of the Services after the amended terms are posted will constitute your acceptance of the amended Agreement.
12. Waiver
No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.
13. Notice
We may give you notice by email, postal mail, or by posting a notice on our website. You may give us notice by postal mail to our address listed on our website.
14. Force Majeure
We will not be liable for any delay or failure to perform our obligations under this Agreement due to causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, or natural disasters.
15. Intellectual Property
We own all intellectual property rights in and to the Services, including the website content, software, and trademarks. You are granted a non-exclusive, non-transferable license to use the Services in accordance with this Agreement.
16. Third-Party Services
The Services may include links to third-party websites or services that are not owned or controlled by Imakangi. We are not responsible for the content or practices of any third-party websites or services.
17. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.
18. Limitation of Liability
IN NO EVENT SHALL IMAKANGI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. Contact Us
If you have any questions about this Agreement, please contact us at legal@imakangi.com or support@imakangi.com.
BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
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