These Terms of Service (the "Agreement") are an agreement between Domains Africa Technologies which is the owner of www.crmafrica.co.ke website and all associated source code and computer applications, ("Domains Africa Technologies" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Domains Africa Technologies and of the www.domainsafrica.co.ke or www.crmafrica.co.ke websites (collectively, the "Services"). By buying and using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. Domains Africa Technologies has the right to add, edit, modify this this agreement anytime without giving any notice.
1. Acceptable Use Policy
This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into Domains Africa Technologies Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Domains Africa Technologies reserves the right may modify this AUP at any time without notice. The Services provided by Domains Africa Technologies may only be used for lawful purposes. By purchasing and using any of our services as displayed in our websites www.domainsafrica.co.ke or www.crmafrica.co.ke , you agree to be bound by our acceptable user policy and also to comply with all applicable laws, rules and regulations in connection with your use of the Services. Domains Africa Technologies reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our support department within the specified time period in our email to you may result in the suspension or termination of the Services.
2. Prohibited Uses
Infringement of Intellectual Property Rights.
The source code, UI design and website content is the copyrighted property of Domains Africa Technologies. Use of our crm system to clone, copy, reverse engineer any of our products is a violation of our intellectual property rights. Any account found to be in violation of this prohibition will be suspended or terminated.
3. Account Security.
It is your responsibility to keep your login usernames and passwords private and confidential. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password.
4. Non-refundable Products and Services.
There are no refunds on web hosting, domain renewal, and crm system software.
You agree to indemnify, defend and hold harmless Domains Africa Technologies, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
In no event will Domains Africa Technologies and its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, even if Domains Africa Technologies is aware or has been advised of the possibility of such damages.
Domains Africa Technologies shall not be responsible for any damages your business may suffer. Domains Africa Technologies makes no warranties of any kind, expressed or implied for the Services. Domains Africa Technologies disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Domains Africa Technologies or our employees.
7. Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
9. Force Majeure
Domains Africa Technologies is not liable for any default or delay in the performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.