Terms of Service

Azuri Software Development

Updated: 2024-06-14

Terms of Service

Clear, fair terms that govern our professional relationship and protect both parties

Effective: 2024-06-14
Governed by Kenyan Law
Fair & Transparent

Table of Contents

Quick Info

Nairobi, Kenya
Version 2.0
Kenyan Law

Acceptance of Terms

Section 1 of 8

Welcome to Azuri Software Development

By accessing and using our services, you agree to be bound by these Terms of Service and all applicable laws and regulations.

These Terms of Service Terms govern your use of Azuri Software Development's services, including our website, software development services, consulting, and any related services(collectively, the Services.

By using our Services, you agree to:

  • Comply with all applicable laws and regulations
  • Provide accurate and complete information
  • Respect intellectual property rights
  • Use our Services in good faith and for legitimate purposes

Important: If you do not agree to these Terms, please do not use our Services. We reserve the right to update these Terms at any time with notice.

Our Services

Section 2 of 8

Software Development

  • • Custom web applications
  • • Mobile app development
  • • API development and integration
  • • Database design and optimization

Consulting Services

  • • Technical architecture consulting
  • • Code reviews and audits
  • • Performance optimization
  • • Technology stack recommendations

Service Availability

We strive to provide reliable and high-quality services. However, we do not guarantee uninterrupted access to our Services and may experience downtime for maintenance, updates, or unforeseen circumstances.

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time. We will provide reasonable notice for significant changes that may affect your use of our Services.

Support Hours

Monday - Friday: 9:00 AM - 5:00 PM EAT
Emergency support available 24/7 for critical issues

User Responsibilities

Section 3 of 8

Your Responsibilities as a User

To ensure a positive experience for everyone, we ask that you follow these guidelines when using our Services.

You Must

  • Provide Accurate Information

    Ensure all information you provide is truthful and up-to-date

  • Respect Intellectual Property

    Honor copyrights, trademarks, and other intellectual property rights

  • Communicate Professionally

    Maintain respectful and professional communication at all times

You Must Not

  • Engage in Illegal Activities

    Use our Services for any unlawful or fraudulent purposes

  • Attempt Unauthorized Access

    Try to access systems, data, or accounts without permission

  • Distribute Malicious Content

    Share viruses, malware, or other harmful software

Account Security

You are responsible for maintaining the security of your account credentials. Please notify us immediately if you suspect unauthorized access to your account.

Payment Terms

Section 4 of 8

Payment and Billing Information

Clear and transparent payment terms to ensure smooth business relationships.

Payment Terms

  • • Net 30 days from invoice date
  • • 50% upfront for new clients
  • • Monthly billing for ongoing projects
  • • Late fees: 1.5% per month

Accepted Methods

  • • Bank transfer (preferred)
  • • M-Pesa payments
  • • Credit/Debit cards
  • • PayPal for international clients

Refund Policy

  • • 14-day refund window
  • • Unused hours refundable
  • • Custom work non-refundable
  • • Processing fee may apply

Pricing and Estimates

All project estimates are provided in good faith based on the information available at the time. Final costs may vary based on scope changes, additional requirements, or unforeseen complexities. We will communicate any significant changes before proceeding.

Currency and Taxes

All prices are quoted in Kenyan Shillings (KES) unless otherwise specified. Applicable taxes will be added to invoices as required by law. International clients may be subject to additional fees for currency conversion.

Late Payment Policy

Overdue accounts may result in suspension of services. We reserve the right to pursue collection through appropriate legal channels for significantly overdue accounts.

Intellectual Property

Section 5 of 8

Intellectual Property Rights

Understanding ownership and usage rights for all work created and shared.

Your Rights

  • Custom Work: You own the final deliverables created specifically for your project
  • Source Code: Full rights to code written exclusively for your project
  • Content: You retain ownership of all content you provide to us

Our Rights

  • Methodologies: We retain rights to our development processes and methodologies
  • Tools & Frameworks: Pre-existing tools and frameworks remain our property
  • Portfolio Rights: Right to showcase work in our portfolio (with permission)

Third-Party Components

Some projects may incorporate third-party libraries, frameworks, or components. These remain subject to their respective licenses. We will clearly identify any third-party components and their licensing requirements.

Confidentiality

We respect the confidential nature of your business information and will not disclose proprietary information to third parties without your explicit consent, except as required by law.

Documentation

All intellectual property arrangements will be clearly documented in project contracts. Please review these carefully before project commencement.

Limitation of Liability

Section 6 of 8

Important Legal Limitations

Please read this section carefully as it limits our liability and affects your legal rights.

Service Disclaimer

Our services are provided as is and as available without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or completely secure.

Limitation of Damages

To the maximum extent permitted by law, Azuri Software Development 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.

What We Cover

  • Direct damages up to project value
  • Correction of defects in our work
  • Professional liability insurance claims

What We Don't Cover

  • Lost profits or business opportunities
  • Third-party software or service failures
  • Data loss due to client actions
Time Limitations

Any claims must be brought within one (1) year of the date when the claim arose. This limitation period begins when you knew or should have known of the issue.

Governing Law

These limitations are subject to the laws of Kenya. Some jurisdictions may not allow certain limitations, so some of these may not apply to you.

Termination

Section 7 of 8

Termination of Services

Understanding how and when our service relationship may end.

Termination by You

  • 30-day notice: For ongoing service contracts
  • Project completion: Allow reasonable time for handover
  • Outstanding payments: All invoices must be settled

Termination by Us

  • Breach of terms: Violation of these Terms of Service
  • Non-payment: Failure to pay invoices after 60 days
  • Illegal activity: Use of services for unlawful purposes

Effect of Termination

Upon termination of services, both parties will work together to ensure a smooth transition. This includes transferring completed work, providing necessary documentation, and settling any outstanding financial obligations.

Data and Work Product

After termination, you will retain ownership of all completed work products that have been paid for in full. We will provide reasonable assistance in transferring files and documentation for a period of 30 days after termination.

Survival of Terms

Certain provisions of these Terms will survive termination, including payment obligations, intellectual property rights, confidentiality, and limitation of liability clauses.

Governing Law

Section 8 of 8

Legal Framework and Dispute Resolution

The legal framework governing our Terms of Service and how disputes are resolved.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Kenya.

Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of Kenya.

Dispute Resolution

We encourage resolving disputes through direct communication first.

If needed, we're open to mediation or arbitration as alternative dispute resolution methods.

International Clients

For international clients, while Kenyan law governs these Terms, we recognize that certain consumer protection laws in your jurisdiction may also apply. We will work with you to ensure compliance with applicable international regulations.

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

Legal Advice

These Terms do not constitute legal advice. If you have specific legal questions, please consult with a qualified attorney in your jurisdiction.

Contact for Legal Matters

For any legal inquiries or formal notices, please contact us at: contact@azuritek.com or via registered mail to our business address.

Questions About These Terms?

We're here to help clarify any questions you may have about our Terms of Service. Don't hesitate to reach out for clarification or legal inquiries.

Building trust through transparency • Nairobi, Kenya