Terms of Service

1. Introduction and Acceptance

Welcome to KenZobe Technologies. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and KenZobe Technologies ("we," "us," or "our") governing your access to and use of our website, products, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

2. Description of Services

KenZobe Technologies provides technology solutions, including but not limited to:

• Software development and engineering services
• Web and mobile application development
• Technology consulting and strategy
• Cloud solutions and infrastructure management
• Custom software solutions and integrations
• Technical support and maintenance services

The specific scope of Services will be outlined in individual project agreements, statements of work, or service contracts ("Service Agreements") executed between you and KenZobe Technologies.

3. Eligibility and Account Registration

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

You may be required to create an account to access certain Services. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

4. Payment Terms

4.1 Fees and Pricing

Fees for our Services will be specified in the applicable Service Agreement. All fees are quoted in Kenyan Shillings (KES) or US Dollars (USD) unless otherwise stated. Prices are subject to change with 30 days' written notice.

4.2 Payment Schedule

Payment terms will be outlined in your Service Agreement. Typical payment structures include:

• Upfront payment for smaller projects
• Milestone-based payments for larger projects
• Monthly retainers for ongoing services
• Hourly rates for time-and-materials engagements

4.3 Payment Methods

We accept payments via bank transfer, mobile money (M-Pesa), credit/debit cards, and other methods as agreed upon. Payment is due within the timeframe specified in your invoice, typically 14-30 days from the invoice date.

4.4 Late Payments

Late payments may incur interest charges at a rate of 2% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend Services if payment becomes overdue by more than 30 days.

4.5 Taxes

All fees are exclusive of applicable taxes, including but not limited to Value Added Tax (VAT), withholding tax, and other government-imposed fees. You are responsible for payment of all such taxes, except for taxes based on our net income.

4.6 Refunds

Refunds are generally not provided for Services already rendered. Refund eligibility will be determined on a case-by-case basis and in accordance with the specific terms of your Service Agreement.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, materials, software, code, designs, trademarks, logos, and other intellectual property on our website and in our Services ("Our IP") are owned by or licensed to KenZobe Technologies and are protected by Kenyan and international intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of Our IP without our express written permission.

5.2 Client-Provided Materials

You retain ownership of all materials, content, data, and intellectual property that you provide to us ("Client Materials"). By providing Client Materials, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such materials solely for the purpose of providing the Services.

5.3 Work Product and Deliverables

Ownership of custom work products and deliverables created specifically for you ("Deliverables") will be addressed in your Service Agreement. Typically:

• Custom code and designs created exclusively for your project will transfer to you upon full payment
• Pre-existing tools, frameworks, libraries, and methodologies remain our property
• We may retain the right to use general knowledge, skills, and experience gained during the project

5.4 Portfolio and Marketing

Unless otherwise agreed in writing, we reserve the right to include your project in our portfolio, case studies, and marketing materials, and to identify you as a client.

6. User Obligations and Prohibited Conduct

When using our Services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any illegal, fraudulent, or malicious purposes
• Attempt to gain unauthorized access to our systems or networks
• Introduce viruses, malware, or other harmful code
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble our software
• Scrape, mine, or harvest data from our systems without permission
• Impersonate any person or entity or misrepresent your affiliation
• Share your account credentials with unauthorized parties

7. Warranties and Representations

7.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the necessary rights and authority to provide the Services
• Our work will not infringe upon third-party intellectual property rights to the best of our knowledge

7.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR YOUR SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or completely secure, or that defects will be corrected.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL KENZOBE TECHNOLOGIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
• OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR KES 100,000, WHICHEVER IS GREATER.
• THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless KenZobe Technologies, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Client Materials you provide that infringe third-party rights
• Any fraudulent, negligent, or illegal acts by you or your representatives

10. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement. Confidential information includes, but is not limited to, business strategies, technical data, customer information, and financial information.

This obligation does not apply to information that:

• Is or becomes publicly available through no breach of this agreement
• Was rightfully in the receiving party's possession prior to disclosure
• Is independently developed without reference to confidential information
• Must be disclosed pursuant to law or court order

11. Termination

11.1 Termination by Either Party

Either party may terminate a Service Agreement with written notice as specified in that agreement. Unless otherwise stated, termination requires 30 days' written notice.

11.2 Termination for Cause

Either party may terminate immediately if the other party:

• Materially breaches these Terms and fails to cure within 14 days of written notice
• Becomes insolvent or subject to bankruptcy proceedings
• Engages in illegal or fraudulent activities

11.3 Effect of Termination

Upon termination:

• You must pay for all Services rendered up to the termination date
• We will provide you with any completed Deliverables upon receipt of full payment
• Sections of these Terms that by their nature should survive termination will remain in effect (including payment obligations, intellectual property rights, warranties, limitation of liability, and dispute resolution)

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

12.2 Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute through good faith negotiations.

If the dispute cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to mediation before resorting to litigation.

12.3 Jurisdiction

Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts of Kenya, and both parties consent to the jurisdiction of such courts.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any Service Agreements and our Privacy Policy, constitute the entire agreement between you and KenZobe Technologies regarding the Services and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.

13.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

13.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, government actions, or internet/utility failures.

13.6 Notices

All notices required under these Terms shall be in writing and delivered via email to the contact addresses provided by each party, with a copy sent by registered mail or courier service.