SAMS TERMS OF SERVICE.
2.1. Base means subscriber base. These are the end users or customers subscribed to SAMS
2.2. SAMS means a tool that helps you track information about employees and clients’ information from a centralized place.
3. Provision of the platform.3.1 Registration.
You must provide complete and authentic information during the registration process including a valid phone number and email address for the subscription.3.2 Free trial.
The free trial shall begin when you submit a registration for the same and shall terminate upon the expiration date as specified by the base platform upon receiving registration.3.3 Subscription.
The Service Provider shall provide access to the platform for end users pursuant to this agreement and all order forms during the term. You agree that your purchase of the subscription is neither contingent upon the delivery of any future functionality features nor dependent upon any oral or written public comment made by the Service Provider with respect to the future functionality or features. The premium accounts include a free trial. Once the trial ends and you have not subscribed, we shall delete your data. Support is guaranteed only to premium accounts.
4. Application specific requirements.4.1 SAMS Web Interface.
SAMS has a web interface that collects data from the SAMS mobile APP. The web platform requires an active internet connection for you to access the administrative details upon creation of an account.4.2 Mobile Application.
SAMS mobile application will allow you to enter information and synchronize this information with an active internet connection. This information will then reflect in the web administrator account.
5. Conduct and User Guidelines.5.1 Ownership of data.
You shall retain all right, title and interest in and to all your data. The Service Provider shall not access your data except to respond to service or technical problems or at their interest.5.2 Collection of data.
You are responsible for all activities that occur in your account and for end user’s compliance with this agreement.5.3 Acceptable use.
You shall use the base platform for business purposes as contemplated with this agreement and shall not;
- Access data on the system not intended for you.
- Tamper with the security of the system or tamper with other customer accounts.
- Log in to a server or account on the system that you are not authorized to access.
- Attempt to breach the security of the system or authentication measures without proper authorization.
- Lease, sell of commercially exploit the base platform or make the base platform to a third party other than as contemplated in this agreement.
- You shall be responsible for all the content of communication sent through the base platform and shall comply with all the applicable laws and regulations in your use of the base platform.
- You agree that you shall not use the base platform to communicate any message or material that is harmful or obscene, infringes the intellectual propriety rights of a third party or otherwise unlawful.
6. Breach of guidelines.6.1
In the event that you materially breach this section, the Service Provider will endeavor to provide you with the opportunity to remove or disable access to the offending material or content.6.2
The Service Provider reserves the right to remove immediately in its sole discretion, any content which is unlawful or offensive without prior notice to you.
Each of the Parties shall keep confidential the terms of this Agreement and shall not disclose to any other person nor use for any purpose any Confidential Information or any information obtained from the other Party for any purpose outside the scope of this agreement, except with the prior written consent of the other party.
8. Links To Other Web Sites.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Service Provider. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
THE SERVICE PROVIDER SHALL NOT BE LIABLE IN ANY WAY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY DIRECT OR INDIRECT ECONOMIC OR FINANCIAL LOSS OR DAMAGE HOWSOEVER CAUSED OR ARISING, INCLUDING BUT NOT LIMITED TO ANY SUCH LOSS CAUSED OR ARISING FROM ANY BREACH OR FAILURE BY THE SERVICE PROVIDER TO PERFORM ANY OF ITS OBLIGATIONS UNDER ANY AGREEMENT.9.2
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEB SITES OR SERVICES REFERRED TO ABOVE.
10. Dispute Resolution.
You shall fully indemnify and hold harmless the Service Provider at all times against all actions, claims, proceedings, costs (including legal costs on attorneys), liability, losses and damages which the Service Provider may sustain, incur or suffer, arising out of:10.1
Any matter relating to the Services hereunder or the performance of its obligations hereunder, or in any way arising out of any third party claims, any claims arising from any act alleged to be illegal, claims for defamation, infringement of intellectual property rights, damage to computer database, loss of data or distribution of illegal or obscene or offensive material;10.2
Any defect in the Product and any misstatement, misrepresentation, error or omission in any details disclosed by the Service Provider.
11. Dispute Resolution.11.1
Any dispute arising out of or in connection with this Agreement will in the first instance be referred to the Parties’ for discussion and resolution at an inter-party meeting to be held seven (7) Business Days after notification (by either Party to the Counterparty) of a dispute. If the unresolved dispute is having a material effect on the Services or the receipt by Customers of the benefit thereof, the Parties will use their respective best endeavors to reduce the elapsed time in reaching a resolution of the dispute.11.2
If the dispute is not resolved at the inter-party meeting, then at the option of either Party, the dispute may be referred to arbitration by an independent arbitrator to be agreed between the parties on the following basis:11.2.1
Each Party will provide the arbitrator to whom reference is made with such information as he may reasonably require for the purposes of his determination. If either Party claims any such information to be confidential to it then, provided in the opinion of the expert that Party has properly claimed the same as confidential, the expert will not disclose the same to the other Party or to any third party.11.2.2
the Parties shall use their best endeavours to ensure that the arbitration is held and concluded and a settlement reached or a decision handed down within the shortest time possible after the arbitration has been demanded;11.2.3
an arbitrator shall have the fullest and freest discretion with regard to the proceedings but shall make his decision in the best interests of the Parties in accordance with the terms of this Agreement;11.2.4
The costs of reference to an arbitrator (including the costs of any technical expert appointed by him) will be equally borne in the first instance by the Parties. The arbitrator will however, in his decision determine the liability for such costs which decision shall be final and binding on the Parties.11.2.5
The arbitrator’s decision shall be reduced in writing and once it is signed by their duly authorized representatives shall be final and binding on the Parties.11.3
If the Parties cannot agree on an arbitrator to act within fourteen (14) days of the date of request to appoint an arbitrator, the matter shall be referred to the chairman of the Chartered Institute of Arbitrators (Kenya Branch) who shall appoint an independent arbitrator.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least Seven (7) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of our services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
13. Governing Law.
The Agreement relating to any Service shall be subject to and construed in accordance with the laws of the Republic of Kenya.
14. No Waiver.
No failure to exercise or enforce, and no delay on the part of the Service Provider in exercising or enforcing its rights under any Agreement shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the right of the Service Provider at any time thereafter to act strictly in accordance with its rights and powers under such Agreement.
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