"Services" means all software development, consulting, training, and digital solutions provided by BAFOCODE.
"Client" or "You" means the individual or entity using our services.
"Content" means all materials, documents, code, and information provided through our services.
"Intellectual Property" means patents, copyrights, trademarks, trade secrets, and other proprietary rights.
"Confidential Information" means non-public information disclosed during the business relationship.
BAFOCODE provides enterprise software development and digital transformation services including but not limited to:
Service Modifications: We reserve the right to modify, suspend, or discontinue any part of our services at any time with or without notice.
You agree to:
Prohibited Activities: You may not reverse engineer our software, use services for competitive analysis, scrape or data-mine our website, impersonate others, or violate any applicable laws.
All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, icons, images, digital downloads, data compilations, and software, are the exclusive property of BAFOCODE and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain all rights to any intellectual property you provide to us. You grant us a limited license to use such materials solely for providing services to you.
Unless otherwise agreed in writing, upon full payment, we grant you a non-exclusive, perpetual license to use any custom software developed specifically for you. Pre-existing tools, frameworks, and libraries used in development remain our intellectual property.
Service fees will be as quoted in our proposals or as agreed in writing. All fees are in Kenyan Shillings (KES) or USD unless otherwise specified.
You are responsible for all applicable taxes. Fees do not include taxes unless stated otherwise.
"Confidential Information" includes all non-public information disclosed by either party, including but not limited to business plans, technical data, source code, customer lists, and financial information.
Both parties agree to protect confidential information with reasonable care, use it only for the purposes of these Terms, not disclose it to third parties without consent, and return or destroy it upon request.
Confidential Information does not include information that is or becomes publicly available without breach, was known prior to disclosure, is independently developed, or is required to be disclosed by law.
We warrant that our services will be provided with reasonable skill and care, and in accordance with generally accepted industry standards.
7.2 DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY LAW, BAFOCODE PROVIDES SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that services will be uninterrupted or error-free, that results will meet your expectations, or that any errors will be corrected.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAFOCODE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES.
Our total liability to you shall not exceed the amount paid by you to us during the twelve months preceding the claim.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, intentional misconduct, or where prohibited by law.
You agree to indemnify, defend, and hold harmless BAFOCODE, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of our services, your violation of these Terms, your violation of any third-party rights, or any content you submit or transmit.
Either party may terminate these Terms with 30 days' written notice.
We may terminate or suspend access immediately if you violate these Terms, fail to pay fees when due, engage in fraudulent or illegal activities, or become insolvent or bankrupt.
Upon termination, your right to use services ceases immediately, you must pay all outstanding fees, we may delete your data after 30 days, and provisions that should survive termination will survive.
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.
Before filing any claim, both parties agree to attempt informal resolution by contacting the other party.
Any dispute not resolved informally shall be resolved by binding arbitration in Nairobi, Kenya, in accordance with the rules of the Nairobi Centre for International Arbitration.
All disputes must be brought individually, not as class actions.
We may modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of services after changes constitutes acceptance of modified Terms.
For questions about these Terms, please contact:
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