Terms of Service

1. Agreement to Terms

By accessing the CloudSpinx website (cloudspinx.co.ke) or engaging CloudSpinx Technologies Ltd for services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our website or services.

2. Services

CloudSpinx Technologies Ltd provides managed IT support, cloud infrastructure, cybersecurity, ERP/CRM implementation, web development and IT consulting services to businesses in Kenya and East Africa.

Specific terms for each engagement are set out in a separate Statement of Work (SOW) or Service Agreement, which takes precedence over these general terms where there is a conflict.

3. Use of Our Website

You may use our website for lawful purposes only. You must not:

• Use the site in any way that violates applicable Kenyan or international law
• Attempt to gain unauthorised access to any part of our systems
• Transmit any unsolicited commercial communications
• Reproduce, duplicate or copy material from this site for commercial purposes without our written permission

4. Intellectual Property

All content on this website - including text, graphics, logos, and code - is owned by or licensed to CloudSpinx Technologies Ltd. Custom work delivered under a service engagement becomes the client's property upon full payment, as specified in the relevant SOW.

5. Payment Terms

For managed services: invoices are issued on the 1st of each month and due within 14 days. For project work: payment terms are specified in the SOW, typically 40% upfront and 60% on completion. Late payment may incur interest at 2% per month under the Kenyan Business Laws Amendment Act.

6. Service Level Agreements

Response time SLAs and uptime commitments are specified in individual Service Agreements. CloudSpinx uses commercially reasonable efforts to meet SLAs but cannot guarantee performance in circumstances outside our reasonable control (force majeure), including ISP outages, power failures, or internet infrastructure issues specific to Kenya.

7. Limitation of Liability

To the maximum extent permitted by Kenyan law, CloudSpinx's total liability for any claim arising from our services shall not exceed the total fees paid by the client in the three months preceding the claim. We are not liable for indirect, consequential or punitive damages.

8. Confidentiality

Both parties agree to keep confidential any proprietary information disclosed during the engagement. This obligation survives termination of the service relationship for a period of 3 years.

9. Data Protection

We process client data in accordance with our Privacy Policy and the Kenya Data Protection Act, 2019. For managed service clients, a Data Processing Agreement (DPA) is available upon request.

10. Termination

Either party may terminate a managed service agreement with 30 days written notice. CloudSpinx may terminate immediately for non-payment, breach of these terms, or conduct that puts our systems or staff at risk. Project-based engagements are terminated as specified in the SOW.

11. Governing Law

These Terms are governed by the laws of Kenya. Any disputes shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

12. Changes to Terms

We may update these Terms from time to time. Continued use of our services after notice of changes constitutes acceptance of the revised Terms.

13. Contact

Legal queries: legal@cloudspinx.co.ke
General enquiries: hello@cloudspinx.co.ke