Terms and Conditions

DIGITIZE AFRICA ONLINE TERMS AND CONDITIONS

These terms and conditions and conditions were last updated on 1st August 2020. Please read these terms and conditions before using our service. These terms and conditions take effect on the day of publication on our website. If you do not agree to any of the below, you must not proceed with your order and must inform us immediately. We will be happy to explain any points if you are unsure of their meaning. A breach of any of the terms and conditions as described on this page may result in immediate termination of your account with no reimbursement.

TERMS

‘The Client’, ‘client’, ‘you’ and ‘your’ refers to the individual group or company registered as a customer of Digitize Africa Online, as identified on the Invoice(s) and Order Confirmation(s) for any Digitize Africa Online service or product. ‘Digitize Africa Online, ‘Digitize Africa’, ‘DAO’ ‘we’, ‘our’ and ‘us’ refers to Digitize Africa Online., ‘Account(s)’ and ‘account(s)’ refers to a combination of any of the following: Web site, Web Site Management, email, any third-party accounts set up by Digitize Africa Online on behalf of the client.

PRIVATE POLICY

We take your privacy and security very seriously. We will never pass any of your details on to third parties for any purpose not specifically agreed upon, except when we are required to by law enforcement agencies. We only ask for details that we need to know. It is entirely at your discretion if you wish to tell us anything else. On occasions we may deem it necessary to send out strictly service-related announcements. We may also notify you of updates to our services, and send greetings on special occasions. If you prefer to opt out of non-service emails, please let us know when you are ordering or unsubscribe and we will remove you from our distribution list. You have the right to withdraw consent for the use of your personal data. We will alert you to any impact where personal data is necessary for the performance of a contract.

ABUSE

DAO will upload and manage content and images supplied by the Client as part of the design process and, if applicable, as part of the ongoing website management. However, we reserve the right to refuse to upload any content that we believe may be copyrighted, obscene, libelous, or otherwise contrary to civil or criminal law in Kenya. The Client warrants the accuracy, truthfulness or reliability of any information they supply (including statements of opinion or advice) to the best of their ability, warrants that they are authorized to promote any information which they intend to be placed on their web pages, and agrees to indemnify DAO for any claims, legal proceedings or damages that are brought or threatened against DAO relating to anything published on or relating to the Client’s website. DAO will notify the Client of any such claims or proceedings and will keep the Client informed as to the progress of such claims or proceedings. The Client will be responsible for all and any consequences of information published on the developed website. Depending on requirements, some parts of the Client’s website such as ‘blogs’ and ‘E-learning systems’ may be directly editable by the Client and their authorized parties. In these cases, the Client is solely responsible for ensuring that this content does not breach any laws, and Digitize Africa Online will not be held responsible for any content so uploaded Where the Client has been given access to their website for certain specified services, such as email services, ‘blogs’ and other client interactive environments, this will generally entail the Client accessing the machine where the website is hosted via a login and password. Login names and passwords must be kept secret and not communicated to any third party, except for agencies working on the Client’s behalf. Digitize Africa Online must be notified immediately if they are compromised. Any accounts found to be abusive, contain illegal content, or otherwise break our terms of service will be liable for immediate termination without reimbursement and if upheld removed.

USER ACCOUNTS

When You create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on Our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our service or a third-party Social Media Service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

DOMAIN REGISTRATION, RENEWAL AND TRANSFER

This Section, ‘Domain Registration, Renewal and Transfer’ only applies to the service of website development and management. All Web Site Management packages include a free registration or transfer of a domain name. Some domain names are priced above standard rate as a ‘premium’ domain, and are excluded from this offer. All other extensions are excluded from this offer and if required will be charged at a bespoke price for the required domains. Transfers are limited to existing domain names that are already registered to you. Some domain names may be restricted or unavailable to you or your business, and it is your responsibility to ensure that you may legally occupy the domain name chosen. Digitize Africa Online will register, transfer and renew domain names in the Client’s name, however where DAO is managing the Client’s website we generally need to be listed as a technical and administrative contact for the domain name(s). It remains the Client’s responsibility to ensure that correct details have been provided for domain registration.

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. It is a criminal offence under Kenyan law to knowingly infringe intellectual property rights, such as copyright, patents, data protection rights and registered trademarks. THIRD PARTY SOFTWARE Digitize Africa Online may deliver software products produced or vended by a third party for the Client to operate with their web service. It is the Client’s responsibility to ensure they have read and understood any applicable End User License Agreements or Terms & Conditions for these products, and we disclaim any warranty or fitness for purpose of these third-party products.

FORCE MAJEURE

Digitize Africa will not be deemed to be in breach of terms and conditions if it is unable to complete its services, or any portion thereof; by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of our team member, or any local, state, federal. national or international law, governmental order or regulation or any other event beyond Digitize Africa's control (collectively a "Force Majeure Event"). Upon occurrence of a Force Majeure Event, Digitize Africa will give notice to client of its inability to perform or of delay in completing the services under this Agreement, and will propose revisions to the schedule or accommodations to be made to allow for completion of the project

INDEPENDENT CONTRACTOR

Developer, in rendering performance under any agreement shall be deemed an independent contractor and nothing contained herein shall constitute any arrangement to be employment, a joint venture, or a partnership. We reserve the right to decline commission in certain areas such as creating or hosting sites of a pornographic nature. SERVICE PROBLEMS Digitize Africa Online will aim to provide uninterrupted service, but the client understands and agrees that from time to time problems may occur. If the client experiences a problem, they must confirm their equipment and software applications are working correctly before contacting Digitize Africa Online. If confirmed the Client can report the problem by contacting us on the supplied phone number during or by email 24/7. If we acknowledge the problem, we will work on the problem within a period not exceeding 24 hours and we will keep updating you.

SERVICE MANAGEMENT

This Section ‘Service Management’ is with regards to website construction and management services. Digitize Africa Online has a policy of using third party Hosting suppliers that supply Hosting packages to support the offered Web Site Management packages. With regards to the previous section ‘Service Problems’, DAO has a policy of using third party software vendors that supply software to support the offered Web Site Management packages. If we are required to liaise with the software vendor(s) then we cannot guarantee resolution times but will keep the Client updated on progress.

PAYMENT POLICY

Invoices for any products or services will be sent to the client using email addresses. Payment must be received and cleared as agreed. It is your responsibility to ensure that your email address is active and can receive emails from any email address and in particular our email address support@digitize-africa.co.ke for purposes of inquiries and invoicing. All services must be paid for by the due date shown on the Digitize Africa invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in automatic account suspension until all debts are paid. Domain names expire on the day immediately after the renewal date. As such we strongly recommend renewing a minimum of 48 hours before the expiration date.

REFUND POLICY

If we change charges or change the specification of any Web Site Management packages within the Client’s contract period then the Client has the right to cancel the contract and we will refund any remaining full calendar months. Cancellation notices for all Web Site Management packages must be given by the Client at a minimum of 30 calendar days in advance of the cancellation date. We will confirm this instruction with the Client using the contact details we have on record. The domain name remains the property of the Client and unless instructed by the Client the domain name will expire on the domain name expiry date. Cancellation of Web Site Management packages within the one-year contract term will entitle the Client to a refund for any remaining full calendar months as long as the Client has given 30 calendar days advanced notice, minus the full years cost of any domain names. The up-front payment to commence design work and the cost coverage of any third-party software and/or domain names is non-refundable as this payment is part of our service fees and does not constitute a deposit. Any content deemed illegal by Kenyan or the law of your country of residence is strictly forbidden and offending accounts will be immediately suspended or terminated at our discretion. We will fully co-operate with the authorities regarding any breach of the law. If the reason for the account being suspended is upheld then the account will be terminated and removed, and no reimbursement will be made for any remaining period of the service. Any valid refunds will be paid to the Client within 30 days of the agreement to refund.

DISPUTE RESOLUTION CLAUSE

ln the case of any dispute or difference arising out of or in connection with the agreement the parties shall attempt to resolve through negotiations between the parties who have authority to settle the same. If the matter is not resolved by negotiation within 30 days of receipt of a written invitation to negotiate the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party.

GOVERNING LAW

Client relations with Digitize Africa shall be governed by and construed in accordance with the laws of the State of Kenya.

CHANGES TO THE TERM AND CONDITIONS

We reserve the right to modify or replace these Terms at any time. If the revision of terms and conditions is material, we shall make reasonable efforts to provide at least 30 days notice prior to the term and condition taking effect. What constitutes a material term and condition shall be decided at our sole discretion and by continuing to access our services after the provisions come to effect, you agree to be bound by the terms. All material on this website is copyright Digitize Africa Online, unless otherwise stated. These Terms & Conditions overrule any other information on our website or any other media.

CONTACT US

If you have any questions about these terms and conditions, you can contact us: By email: support@digitize-africa.co.ke