Terms & Conditions

1. Acceptance of Terms

By accessing and using the Accessible IT Solutions Kenya website ("Site") and our services, you accept and agree to be bound by these Terms & Conditions, our Privacy Policy, and any other policies referenced herein. If you do not agree to abide by these terms, please do not use this Site or our services.

We reserve the right to modify these terms at any time without prior notice. Your continued use of the Site following any changes constitutes acceptance of those changes.

2. Definitions

For the purposes of these Terms & Conditions:

• "Company," "We," "Us," "Our" refers to Accessible IT Solutions Kenya.
• "You," "Your," "Client," "User" refers to the individual or entity accessing or using our Site or services.
• "Services" includes web design, custom application development, e-commerce platforms, business intelligence solutions, and any other services we provide.
• "Site" refers to our website and all associated pages.
• "Content" refers to text, images, graphics, code, and other materials on our Site.

3. Use License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site for personal, non-commercial informational purposes only.

You may not:

• Modify, copy, or duplicate any materials from this Site without our prior written consent
• Use any materials for commercial purposes without authorization
• Attempt to decompile, reverse engineer, or disassemble any software contained on our Site
• Remove any copyright or proprietary notices from materials
• Transfer materials to another person or "mirror" materials on any other server
• Use automated systems (bots, scrapers) to access our Site
• Interfere with or disrupt the security, integrity, or performance of our Site or services

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time.

4. Services Agreement

For specific services we provide, separate agreements (such as Statements of Work, Service Agreements, or Proposals) will govern the relationship between you and us. These Terms & Conditions supplement any such agreements.

4.1 Project Proposals

All project proposals are valid for 30 days from the date of issue unless otherwise stated. Project timelines, costs, and deliverables specified in proposals are estimates and may be adjusted based on project complexity, change requests, or unforeseen challenges.

4.2 Client Responsibilities

You agree to provide timely feedback, necessary approvals, and any required assets (text, images, logos, etc.) to facilitate project completion. Delays caused by client inaction may affect project timelines and costs.

4.3 Change Requests

Changes to project scope after work has commenced may result in additional fees and timeline adjustments. Change requests must be documented in writing.

5. Intellectual Property

5.1 Our Intellectual Property

All content, design elements, code, software, graphics, and other materials on our Site are the property of Accessible IT Solutions Kenya or our licensors and are protected by Kenyan and international copyright, trademark, and other intellectual property laws.

5.2 Client Intellectual Property

You retain ownership of any intellectual property you provide to us (e.g., logos, branding, content). You grant us a license to use such material for the purpose of providing our services to you.

5.3 Delivered Work

Upon full payment for a project, we grant you a perpetual, non-exclusive license to use the deliverables (websites, applications, etc.) for your business purposes. We retain ownership of our underlying code libraries, frameworks, and proprietary tools, even if incorporated into deliverables.

5.4 Third-Party Components

Our deliverables may include third-party software, themes, plugins, or libraries that are subject to their own license terms (e.g., GPL, MIT, commercial licenses). You agree to comply with those license terms.

6. Payments & Fees

6.1 Pricing

All prices are quoted in Kenyan Shillings (KES) unless otherwise stated. We reserve the right to change pricing for services at any time, but such changes will not affect existing project agreements.

6.2 Invoicing

Invoices are payable within the timeframe specified (typically 7-14 days). Late payments may incur interest charges and suspension of services.

6.3 Deposits

We may require deposits (typically 30-50%) before commencing work. Deposits are non-refundable as they cover initial planning, research, and resource allocation.

6.4 Taxes

You are responsible for any applicable taxes, including VAT, withholding tax, or other levies as required by Kenyan law.

7. Disclaimer of Warranties

THE MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

We do not warrant or represent that:

• Our Site or services will be uninterrupted, timely, secure, or error-free
• Results obtained from using our services will be accurate or reliable
• Any errors in our software or Site will be corrected

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACCESSIBLE IT SOLUTIONS KENYA, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES.

Our total liability to you for any claims arising from or relating to these Terms or our services shall not exceed the total amount you paid us (if any) for the specific service giving rise to the claim.

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so some limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Accessible IT Solutions Kenya, 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 violation of these Terms & Conditions
• Your use of our Site or services
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any content you submit or transmit through our Site

10. Termination

We may terminate or suspend your access to our Site or services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use our Site and services will cease immediately. Provisions that by their nature should survive termination shall survive, including intellectual property ownership, warranty disclaimers, indemnity, and limitations of liability.

11. Revisions and Errata

The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any materials on our Site are accurate, complete, or current. We may change the materials on our Site at any time without notice, but we are not obligated to update them.

12. Links to Third-Party Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be liable for any damage or loss caused by or in connection with your use of such third-party sites.

13. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. You irrevocably submit to the exclusive jurisdiction of the courts located in Nairobi, Kenya for the resolution of any disputes arising from these Terms or your use of our Site or services.

14. Dispute Resolution

Before initiating any legal proceeding, you agree to first attempt to resolve any dispute through good-faith negotiations. If the dispute cannot be resolved within 30 days, the parties agree to submit to mediation in Nairobi, Kenya before a mutually agreed mediator. If mediation fails, either party may pursue legal remedies as permitted by law.

15. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials.

16. Severability

If any provision of these Terms & Conditions is found to be unenforceable or invalid under applicable law, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms & Conditions, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Accessible IT Solutions Kenya regarding your use of our Site and services, superseding any prior agreements or understandings.