TERMS AND CONDITIONS
Updated: August 2021
Welcome to Exotic Digital Access website www.exoticdigitalaccess.co.ke and mobile site, herefor referred to as “This Website”.
Please read this agreement before using this website. These Terms and Conditions govern your use of this website. They apply to all users and visitors to this website.
This website is available to you only if you agree with the Terms and Conditions. By accessing and using www.exoticdigitalaccess.co.ke you agree with the Terms and Conditions stipulated here. If you do not wish to be bound by the Terms and Conditions, you must cease use of this web site immediately.
- Rules of conduct
In return of us
- User restrictions
- Term and Termination
This agreement shall take effect once you accept the Terms and Conditions (either in written form or by the continued use of this website or the services listed herein) and shall last for a period of two years. Thereafter, any party may terminate this agreement upon serving notice to the other party. However, aside from termination or expiry, this agreement will continue to govern any software license that remains in effect.
Either party may terminate this agreement or software entitlement if the other party is in breach of the agreement and fails to resolve this breach within 30 days upon receiving notice. This termination only applies to the areas where the party is in breach and not the other entitlements.
- Order process
Upon completion of a consultation, an order shall be considered began and ongoing when the client submits a signed physical or electronic price quotation or service order. These Terms and Conditions shall also govern the services provided by Exotic Digital Access either on this website or social media pages.
Upon receiving an order of service, Exotic Digital Access shall deliver completed services in the time stipulated in the contract or price quotation.
- Prices and payments
The price of services shall be provided in Exotic Digital Access’ price quotation. Additional charges shall be included in the invoice as a seperate line item.
Customers shall pay for services in the following manner: a deposit of 30% as an initial deposit, and the remaining 70% upon completion of the project.
- Support and training
Exotic Digital Access will provide maintenance and support services (“Support”) as stipulated in each service contract. Support here refers to new releases of software including major and minor software releases, bug fixes, patches and any other modificiations or enhancements Exotic Digital Access makes public without additional charge.
Exotic Digital Access will provide training in accordance with the terms stipulated in the service contract.
Information provided by either party shall be treated as confidential and used only for the purposes of this agreement and service contract. Confidential information shall not be revealed to a third party. Each party shall disclose confidential information to those of its employees, consultants or contractors who need to know and whose involvement will further this agreement and who also have agreements that require them to maintain confidentiality. The upholding of confidentiality shall not govern any information that is available to the public, known prior to disclosure by the other party, lawfully disclosed by a third party or developed independently. Non-disclosure of confidential information shall not be restricted in the event it is required by law or government authority, provided the other party is given reasonable notice and opportunity to seek protective order or method to restrict scope of disclosure.
- Disclaimer and Limitation of Liability
Unless otherwise stated on this website, including without limitation the services stipulated on this website, this website and transactions conducted through it are provided on as is basis. We are not liable for nor do we guarantee, expressed or implied, the operation of this website or the content, material or services included on this website. This includes but is not limited to implied warranty and fitness for particular use, data accuracy, system integration, quiet enjoyment and noninfringement. This website may include inaccuracies, typographical errors and mistakes. We do not guarantee that the content on this website will be error-free or uninterrupted.
We are not liable, to the maximum extent permitted by applicable law, for any damages that may arise from the use of this website including but not limited to indirect, consequential, punitive, special or exemplary damages. Our total liability to you, to the maximum extent permitted by applicable law, for any damages shall not exceed the aggregate amount of fees actually paid by you in the month immediately preceding the act allegedly giving rise to our liability.
- For Additional Assistance
If you have any queries about these Terms and Conditions contact us on +254 113 665 235 or email us at [email protected]
We guarantee that any personal information you provide when communicating with us will remain confidential and will only be retained for the duration of the inquiry. We will not use this information to send you promotional material.