Terms of Service Delivery

Read the following terms before deploying a service with us.
The following terms of service (“TOS”) will apply to the agreement to provide service
between SHANTEC SYSTEMS ENTERPRISE (SSE) (“Company”), and the individual or
business entity identified on the order form for said services (“Customer”). These terms,
along with the attached Acceptable Use Policy (“AUP”), shall hereinafter be referred to as
the “Agreement” between the two above mentioned parties.

1. Service Rates:

Customer acknowledges that they have been made adequately aware of the
initial rates and fees associated with services being rendered by the Company and have received
a complete description of services to be rendered. Customer also acknowledges that the
Company reserves the right to change the specified rates and charges from time to time. Any
promotional offers made by the Company are contingent upon the Company maintaining its
cost of service goals, including but not limited to rates charged by its suppliers. Where possible,
the Company will provide the Customer with a minimum of 15 days notice of any rate changes.

2. Payments and Fees:

Customer acknowledges that the Company is under no obligation to
provide services under the terms of this Agreement until all stated charges have been paid-infull, and Company has been able to adequately verify the validity of said payment. Recurring
payments will become due and payable on the first day of the month following the completion
of the first invoice term, and will continue as such for all subsequent invoices. Payment will be
made by Customer within 15 days upon receipt of an invoice. In the event there is a delay in
payment for more than 5 days from the due date, the Customer shall be liable to pay an interest
of 15% per month or minimum of Ksh.10, 000 permitted by applicable law, whichever is more,
on the delayed payments from the due date of payment. Consultant shall be relieved of its
obligations under this Agreement in the event of non-payment of the Fees or expenses due and
shall retain the OWNERSHIP rights in the Services for which the amount is outstanding…
Contractor’s relationship with Company is that of an independent contractor, and nothing in this
Agreement will be construed to create a joint partnership, joint venture, agency, or employeremployee relationship.

3. Refund Policy:

All services rendered by the Company are provided on a non-refundable basis.
This includes, but it not limited to, setup fees, monthly fees, upgrade fees, professional services
fees, and bandwidth overage fees, regardless of usage. In addition, if your account is canceled
by the company for violation of this Agreement or the attached Acceptable Use Policy, all
payments made to the Company become completely non refundable. Customer agrees not to charge back any credit card payments for services rendered. In the event that a customer files a
charge back or other payment dispute, they will be considered to be in violation of this
agreement and may be subject to collection action as described in section 2 above.

4. Service Cancellation:

Requests to cancel services may be made by notifying our Billing
Department from within our billing and customer management system. All requests for service
cancellation must be made a minimum of 5 days prior to the renewal date of the service being
cancelled. Failure to provide notice at least 5 days prior to the renewal date will result in a full
billable monthly cycle prior to cancellation. Where all services are considered to be provided on
a strictly prepaid basis, no prorated or partial refunds will be made. All outstanding invoices
must be paid in full prior to requesting cancellation, and all unpaid charges must be satisfied
prior to the return of any customer-owned equipment.

5. Billing Errors:

Customer acknowledges that the Company will make its best effort to ensure that
all invoices are correctly issued. However, should Customer note any possible errors, Customer
agrees to notify our Billing department within 7 days of the issuance of the errant invoice. After
7 days, all invoices will be assumed to be correct, and no further billing adjustments will be
made.

6. Credit Card / Bank / Cheque Payments:

Where available, the Customer authorizes the Company
to automatically debit any credit/debit card(s) placed on file with the Company during the
ordering process or via subsequent account updates on the due date of each invoice. Invoices
will be emailed to the Customer prior to any credit card charges being placed at the beginning of
each billing period. Should the Customer’s credit card be declined for any reason, Company will
contact customer to notify them of the declined charge, and will continue to resubmit the credit
card on file for payment until the balance is paid in full. If the Company is not able to charge the
Customer’s credit card as noted above for the full amount due, Customer authorizes the
Company to split the total amount due across multiple debit transactions to the credit card(s) on
file equaling the total amount due.

7. Indemnification:

Under no circumstances shall the Company be held liable for damages
resulting from any interruption of service for an amount greater than the amount of the charges
payable by the Customer for services during the period damages occurred. Customer also
acknowledges that in no case will the Company be liable for damages as a result of its own
negligence in excess of the charges payable by the Customer for services during the period
damages occurred. Customer acknowledges that they make use of Companies’ services and
facilities at their own risk.

8. No Lease Implied:

Customer acknowledges that the Company is providing a service, and no
binding lease of physical equipment or real estate is in any way implied as part of this
agreement.

9. Privacy Policy:

Company will not sell, lease, borrow, give, or otherwise dispose of any type of
customer provided information to any third party unless compelled to do so by law or in
cooperation with any law enforcement investigation. Company reserves the right to collect and
utilize any customer information, including, but not limited to email addresses and web site
cookies, for internal tracking and/or marketing purposes.

10. Violation of Terms:

Should Customer violate any of these terms, the Company will attempt to
contact the customer by email or telephone before taking any action where avoidable.
However, the Company will pursue whatever action is necessary to serve its best interest in
these cases, even if that should necessitate the suspension or termination of Customer’s
services without any type of notification.

 

SHANTEC SYSTEMS ENTERPRISE: WWW.SHANTEC.CO.KE : INFO@SHANTEC.CO.KE
+ 254 713 471 472: +254 722 297 864: +254 736 963 435