Insynque East Africa > Terms and Conditions

Terms and Conditions

Rev 06-03-2019

TERMS OF SERVICE

Insynque Solutions Ltd provides technology solutions and its related services (“Service”) subject to your compliance with the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully. Insynque Solutions reserves the right to update and modify the Terms of Service at any time with thirty days (30) notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service on our website. Violation of any part of the Terms of Service will result in termination of your account.

Email Disclaimer

The e-mail you have received and any attachments from ourselves contains information that is confidential, legally privileged and protected by law and is intended for the sole use of the named recipient(s). Any unauthorized review, use, or disclosure or distribution is prohibited. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting on any information contained in this email is hereby excluded. If you are not the intended recipient, please delete the contents and notify the sender immediately; do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium. Whilst our e-mails are checked for viruses, we cannot guarantee that this message or any attachment is virus free, does not contain malicious code or is incompatible with your electronic system and the Firm does not accept liability in respect of viruses, malicious code or any related problems that you might experience. For further information about us, please contact us at the address indicated in the email.

Account Terms

  1. You must be legal entity or a person 18 years or older to use this Service.
  2. You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process.
  3. You are responsible for maintaining the privacy and security of your account. Insynque Solutions will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
  4. One legal entity or person may not maintain more than one free account.

Payment and Access

  1. A valid cheque/credit card or accredited mobile /reliable money transfer signed up service is required for paying accounts. A credit card is not required to create or use a free account.
  2. We will charge you a standard monthly or yearly fee based on your account type. The Service is billed in advance for each period or year, and is non-refundable. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.
  3. Should you upgrade your account type, your credit card will be charged your new billing rate immediately less the balance from the earlier account grade. Your credit card will then be charged your new billing rate every year thereafter unless you cancel your account.
  4. For clients outside Kenya, all fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

Modifications to the Service and Fees

  1. Insynque Solutions reserves the right to modify, suspend, or discontinue the Service at any time for any reason with thirty (30) days’ notice.
  2. Insynque Solutions reserves the right to change our monthly or yearly fees upon thirty (30) days’ notice from us. Fee change notices may be posted to the Service website or on the Insynque website: http://www.in-synque.com

Cancellation and Termination

  1. You may cancel your account by writing an email to support_at_in-synque_dot_com as a thirty (30) days’ notice.
  2. Your account and all of its Content will be deleted immediately upon your cancellation of the Service after the lapse of the thirty(30) days’ notice.
  3. You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued the service. You will not be charged again.
  4. Insynque Solutions reserves the right to modify, suspend, or terminate your account at any time for any reason with thirty (30) days’ notice or refund. We also reserve the right to delete all Content associated with your account. Insynque Solutions may refuse service to anyone for any reason at any time.

Copyright and Ownership

  1. Insynque Solutions or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Insynque Solutions or its suppliers own.
  2. Insynque Solutions claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.

General Conditions

  1. Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
  2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Insynque Solutions.
  3. You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
  4. You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including invoices, payment reminders, and personal messages, may be transferred unencrypted over the internet.
  5. You may not use the service to transmit any viruses, worms, or malicious content.
  6. Insynque Solutions makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
  7. Insynque Solutions, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
  1. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  2. The failure of Insynque Solutions to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and Insynque Solutions as to the Service and supersedes any prior agreements between you and Insynque Solutions (including, but not limited to, prior versions of the Terms of Service).
  3. Any questions regarding the Terms of Service should be addressed to support_at_in-synque_dot_com.

PRIVACY POLICY

INSYNQUE SOLUTIONS LIMITED is committed to help our clients retain their privacy when they take any of our product and or service offers across our platforms.

We intend to deal in confidence of all data you share with us as we hold your privacy important. To protect your privacy, INSYNQUE SOLUTIONS LIMITED we will endeavor to maintain customer privacy and data protection using means available to us in best practice and as our integrity principles entail.

We don’t sell client data i.e name, mail address, phone number, email address, credit card number or any other information to anyone.

We use system security measures to protect client information from unauthorized use.

NOTICE

We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order e-mail newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes:

To make the site easier for you to use by not having to enter information more than once.

To help you quickly find software, services or information.

To help us create content most relevant to you.

To alert you to product upgrades, special offers, updated information and other new services from INSYNQUE SOLUTIONS LIMITED.

CONSENT

If you choose not to register or provide personal information, you can still use most of our website contents as well as social media page content. But you will not be able to access areas that require registration.

If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like our electronic newsletters. If you do not want us to communicate with you about other offers regarding INSYNQUE SOLUTIONS LIMITED products, programs, events, or services by e-mail, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from INSYNQUE SOLUTIONS LIMITED.

INSYNQUE SOLUTIONS LIMITED occasionally allows other companies to offer our registered clients information about their products and services, using postal mail only. If you do not want to receive these offers, you may select the option stating that you do not wish to receive marketing materials from third parties.

ACCESS

We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the Visitor Center. There, you can:

View and edit personal information you have already given us.

Tell us whether you want us to send you marketing information, or whether you want third parties to send you their offers by postal mail.

Sign up for electronic newsletters about our services and products.

Register. Once you register, you won’t need to do it again. Wherever you go on www.in-synque.com, your information stays with you.

SECURITY

INSYNQUE SOLUTIONS LIMITED has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your personal account information, you’re utilizing a secure server software SSL, which encrypts your personal information before it’s sent over the Internet. SSL is one of the safest encryption technologies available.

In addition, your transactions are guaranteed under the Fair Credit Billing Act. This Act states that your bank cannot hold you liable for more than $50.00 in fraudulent credit card charges. If your bank does hold you liable for $50.00 or less, we’ll cover your liability provided the unauthorized, fraudulent use of your credit card resulted through no fault of your own and from purchases made from us over our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

INSYNQUE SOLUTIONS LIMITED strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in country where INSYNQUE SOLUTIONS LIMITED, its subsidiaries, affiliates or agents are located.

You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.

NOTICE TO PARENTS

Parents or guardians: we want to help you guard your children’s privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet.

The INSYNQUE SOLUTIONS LIMITED site does not publish content that is targeted to children. However, if you are concerned about your children providing INSYNQUE SOLUTIONS LIMITED any personal information without your consent, INSYNQUE SOLUTIONS LIMITED offers a Kids account. It allows parents to give parental consent for the collection, use and sharing of children’s (ages 12 and under) personal information online.

ENFORCEMENT

If for some reason you believe INSYNQUE SOLUTIONS LIMITED has not adhered to these principles, please notify us by e-mail at privacy@in-synque.com  , and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.

ELECTRONIC PRODUCT REGISTRATION

When you buy and install a new product, we may ask you to register your purchase electronically. When you do, we merge your registration information with any information you’ve already left with us (we call that information your personal profile). If you haven’t previously registered with us, we create a personal profile for you from your product registration information. If you ever want to review or update that information, you can visit the Profile Center, click on Update Profile, and edit any of the Personal Information in your profile. If you haven’t already created a Registration ID, we will ask you to do so. This ensures that only you can access your information.

CUSTOMER PROFILES

As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.

When you register, we create your profile, assign a personal identification number, then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across web site, allowing you to download free software, order free newsletters, and visit premium sites without having to fill out registration forms with information you’ve already provided. Even if you switch computers, you won’t have to re-register – just use your Registration ID to identify yourself.

WHAT WE DO WITH THE INFORMATION YOU SHARE

When you join us, you provide us with your contact information, including your name and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s) you order at that time. For your convenience, we do save billing information in case you want to order from us again, but we don’t use this information again without your permission.

We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

INSYNQUE SOLUTIONS LIMITED will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on INSYNQUE SOLUTIONS LIMITED or the site; (b) protect and defend the rights or property of INSYNQUE SOLUTIONS LIMITED and its family of Web sites, mobile apps, softwares or otherwise and, (c) act in urgent circumstances to protect the personal safety of users of INSYNQUE SOLUTIONS LIMITED, its Web sites, mobile apps, softwares or otherwise or the public.

Staff & Consultants Policy

  1. Clean after yourself while using the kitchen, office, your desk, washroom or any other INSYNQUE SOLUTIONS LIMITED premises, client sites, tools and equipment.
  2. Take precautions of using gloves, overcoat or overalls, protective shoes & other protective gear while at work or when handling electrical tools & equipment within the office as guided by the manufacturer’s guidance in their manuals and as per best practice. We accept no liability for personal injury or claim thereof unless specified in writing
  3. Refrain from being overly loud other than audible polite talk while within our premises or our sites
  4. We discourage the playing of music in the offices and encourage use of earphones for such unless it is meant for a schedules presentation limited to polite audible volume not interfering with those around you.
  5. We will not provide snacks or tea or meals unless specified in writing. You are responsible for your own snacks, tea or meals. We have provided a kitchen, microwave, fridge & basic utensils for your polite use given you clean after yourself and do not endanger or bother others while using the same.
  6. We advise and advocate for decent wear while in the office or within our site. This is not limited to covered arms, decent short sleeves, knee length skirts & dresses, limited decent non-intrusive jewelry, subtle perfume or cologne, full leg length pants & trunks, no tight fitting attire that distracts others. We discourage hats and caps except decent protective gear and religions garb in the office or our sites.
  7. Washrooms are to be left clean after use and not used for long calls whenever there are water shortages. Toilet accessories provided are basic paper towels, basin cleaners and hand wash. These are not a must and we encourage the use of your own.
  8. Keep the door to your office locked or drawers, fasten your laptop with a lockable cable to your desk and keep your valuables within eyesight. We do not accept any liability for stolen items as the security provided is limited and discretionary. Be vigilant!
  9. Be alert for fire and any other emergencies – basic fire extinguisher is provided and we encourage you to learn how to use this and know the evacuation procedures if such happen.
  10. You may be provided with keys to the office which should be kept safe and if lost you bear the costs of their replacement if not purchase of new locks.
  11. The use of office printers is only limited to work related documents and to authorized persons only. We forbid personal use of the same and would impose an automatic fine of ten thousand shillings for such.
  12. Meals and drinks can be a work hazard and we therefore advice to be extra careful when using such in the office to avoid spills on laptops or any other office equipment. The cost of repair or replacement for such will be borne by the user or staff in breach of this.
  13. Our working hours are between 7am to 6pm on work days and 9am to 1pm on Saturdays. Working after hours should be limited to when are beating a deadline for important work. This is not paid for unless specified in writing. Lodging in the office is not allowed.
  14. Smoking is not allowed in the office at all. Those are breach are liable to pay a fine of not exceeding fifty thousand kenya shillings.
  15. Both internal & outgoing calls even personal calls when in the office should be kept decent, short and professional so as to work efficiently and co-exist maturely. Smile while on phone – people notice the kind tone.
  16. Be cognizant of your colleagues’ welfare – their pain will affect you and subsequently their joy will infect you. Be helpful, relate and interact decently so as to encourage more work to be accomplished and foster lasting working relationships after this. Strained relations within the office should be managed so as to be amiable and remain professional.
  17. Your visitors and their personal belongings safety is their own and we will not accept any liability for the same while within our premises, client site or use of our facilities, tools or equipment. Their entry should be limited to apportioned visitors lounge, meeting rooms or office and limited for a time not to interfere with work schedules and delivery. Their misdemeanor while visiting is on you and damages incurred by them will be borne by you. We reserve the right of admission and to expel visitors who are indecent, feisty, impede on the working of other or are a danger to the organization.
  18. Check for equipment fault immediately you notice them and desist from using them when they are faulty including desks, chairs, kitchen-ware, tools and equipment. We will not accept liability for damages on your person for using faulty office equipment.
  19. Personal electronics should be declared when get in our office for you and your visitors. Undeclared effects may be confiscated if they breach our Wi-Fi or office policies and surrendered to the Communications Authority under the computer incidents clause of the information technology act of our constitution.
  20. Communication and information on your laptop should be work related and we indemnify ourselves from breaches of privacy, copyright infringements, malware generation or propagation and disruption emanating from them is your own and liability and suits borne from such is fully yours.

ANNUAL MAINTENANCE

Terminology

Maintenance Service Contract: This document plus the quotation constitutes the sole and entire binding Maintenance Service Contract.

Commencement: The Maintenance Service Contract commences when the same is duly signed by both parties and is subject to payment terms as specified under Maintenance Service Contract details.

Charges: The charges as indicated on the maintenance Service Quotation at the time of signing the agreement.

Client: The Recipient of the Service as specified on the maintenance service contract agreement.

Supplier: The supplier of the service as specified on the maintenance contract agreement.

Parts: Those items, excluding peripherals outside a computer, which are necessary to enable the equipment to resume satisfactory operation to a level equivalent to or better than that prior to the service.

Code: Predefined text, symbols and otherwise that constitute executable programme that runs a software service.

Computer: A set of the system box, keyboard, mouse and monitor or a collective of the same, which is a laptop/tablet or any other with such capability.

Server: A computer, which acts as the main node of either a workgroup or domain network.

Domain: Definite online address given as a url

Website: A compilation of code, which acts as the main node of a domain as hosted online.

Control Panel: The management portal of the equipment, website and or software system where operation settings can be viewed, reviewed, edited, deleted, amended or otherwise as seen fit by the admins.

Intranet: Software system which can be included unto the website or be set up on its own that is meant for clients’ staff collaboration and management of their specific workflows

Modules: Those items including menus, sub-menus & their respective components within the website and or software system, which are necessary to enable the website and or software system to operate in a satisfactory to a level equivalent to or better than that prior to the service.

Domain Host: Online account server space and url manager of a domain.

Labour: That skilled and/or qualified and/or trained labour necessary to enable the service to be efficiently and effectively carried out.

UPS: Uninterrupted Power Supply unit.

Equipment: Those items as specified on the Service Schedule.

Technology: Computing system, software and or service.

Services:

The Supplier will provide the following:

o Document existing ICT setup & assets.

o Provide 1st level of user support (Helpdesk) for any hardware & operating system or other basic configuration-related issues.

o Proactive checks, scheduled maintenance & on call response.

o Configure devices (including Windows, MS Office, Antivirus for laptops/desktops, and Applications per user-profile and in future the same for any mobile devices for company work purposes).

o Advise on and source hardware & software

o Find best options for and from hardware suppliers

o Advice on software options for PCs and other, such as mobile devices

o Facilitate the procurement on behalf of the client

o Advisory on ICT investments, policies and other ICT needs as they arise.

Time allocation:

The estimated time allocations are included in the monthly retainer as per the engagement letter.

o 1 to 2 scheduled visits each week of pro-active hardware & software maintenance, user sensitization, etc. Approximately 8 hours per week.

o Approximately 2-3 hours per week of user support.

o Approximately 2-3 hours per week of strategic IT advisory from a senior Insynque staff.

Insynque will keep records of time spent. In the event that a client requires additional service beyond the monthly retainer allocation, Insynque will provide quotations for such for the client’s approval.

Service Benefits

o Spares – guaranteed replacement of spare parts for Scheduled Products

o Code – guaranteed professional debugging and or enhancement of software service

o Labour – three scheduled visits per month and unlimited support.

Response Time – Dependent on severity of impact to the business:

o Critical issues (severe operational impact, where no viable work-around is possible) – within 1 hour

o Serious issues (medium-level operational impact, but where work-around is possible) – within 4 hours

o Non-critical issues (low operational impact and/or a viable workaround is possible) – within 24 hours, at the earliest opportunity available.

o This response time is for Nairobi any other location based out of the same will be advised but the lead time will be 2 to 4 hours for Nairobi and within 24 hours if it is elsewhere

o Environment upgrades – In the case the client upgrades its operating environment, such as the Operating System or the Database Versions the supplier shall incorporate any upgrades deemed necessary on the software for best operation of the system.

o Full Access to User File Upload and download facilities – Whenever there are new fixes for the software, the supplier shall be posting these onto an FTP site which the client will be able to access and download and overwrite the existing versions.

o Access to PreRelease and Test versions of new releases – The Supplier shall allow the client to access newer versions and components of our software systems for testing purposes and to try out new features. This access will, however, be restricted to only testing purposes and will not be used for commercial/official purposes.

o Product Support – The supplier’s team of professionals is available to assist the client from 8 am to 5 pm Monday to Friday and 9 am to 1 pm on Saturday on phone or email, except Kenyan public holidays. If phone or email is not sufficient to resolve the issue, we shall send a professional onsite.

o Software changes – Any changes that will affect the original structure and composition of the software as noted upon in the system analysis report will not be included in this AMC. However, should need for these arise, client and supplier will deliberate and agree on the scope and fees chargeable to affix the software component affected before proceeding. This costing of the charges will be based on the original cost of the module; comparing the level of the changes to be effected to the module as is. Any other relevant costs such as accommodation and transportation will be charged at the market rates and as quoted for covering the number of affected days. Changes, such are those of look and feel, validation, library updates (dlls) will be quoted for as and when the requests and scope are discussed and agreed upon.

o Software guarantees – If the client discovers a fault in the software and reports it to us, together with any further information such as error messages, circumstances and data being processed which we may request, as per the original specifications, we will promptly investigate and either advise the client of a means of successfully fixing the fault or will supply client with a revised version of the software.

Service Times

o The Supplier will provide the Service for the Technology or Equipment at the times and Dates as agreed upon in the Service Schedule.

o Email & Phone call Reminders of the Agreed Service Times

o There will be a formal notice if the agreed Service Times are to be changed due to unforeseen circumstances hindering this. If the client should not be able to permit the Service to proceed then this will have to be communicated if not then it will be considered an “Aborted Service” (see below)

Amendments to Service Time

o If either party needs to amend the Service Time as indicated in the service schedule then a minimum of 48 Hours notice must be provided. Failure by either party to comply with this will be considered to be Aborted Service (see below)

Client Responsibilities

It is the responsibility of the client to ensure the following:

o All security personnel are duly notified

o All computer or load users are duly notified

o All computer or load Technology or Equipment is powered down when necessary.

Waiting Time

o Waiting Time will be charged as part of this contract, which is provided for herein this Maintenance Service Contract.

o Waiting time is determined by the following allowance for each Preventative Maintenance visits:

UPS = maximum two hours inclusive of delays

Printer / Scanner etc = maximum two hours inclusive of delays

Client Computer = maximum three hours inclusive of delays

Server Computer = maximum four hours inclusive of delays

Domain/ Website/ Intranet = maximum four hours inclusive of delays

Aborted Service – Insufficient or No Notice

o Any Aborted Service will be charged in accordance with the charges as specified on the Maintenance Service Quotation, which is provided, as an appendix to this Maintenance Service Contract.

Mode of Notification

o All communications must be writing i.e. e-mail, fax, letter etc.

Equipment Removal

o Insynque with the consent of the client may remove from the client’s premises any complete item of Technology or Equipment or part thereof for the purpose of providing the Service.

Equipment Care & Operation

o The client will care for the Technology or Equipment provided by Insynque, will house it in suitable conditions and will follow such instructions and advice on operating the Technology or Equipment.

o If there is any input to or output from the Equipment or to any load without prior advice, then the client will be responsible for any loss or damage or reduction in performance that in Insynque’s reasonable opinion is attributable to such use and for the cost of any remedial action.

Supply, Installation & Commissioning of Parts

o No repairs or adjustments may be made except by the supplier or appointed dealer for equipment supplied by Insynque.

o Only certified code/parts as supplied by the Supplier are authorized for use within the Technology/Equipment.

o Code/Parts supplied from any alternative source are not authorized for use within the Technology/Equipment.

o If any code/parts are installed into technology/equipment without prior advice, then the client will be responsible for any loss or damage or reduction in performance that in the Supplier’s responsible opinion is attributable to this and for the cost of any remedial action.

Payment Terms

o Payment will be made in-advance in accordance with the payment terms as Specified on the Maintenance Service Quotation, which is provided, as an appendix to this Maintenance Service Contract.

Exemptions

o Neither party will be liable for the delay or failure in performing obligations if the delay or failure results from circumstances beyond the Maintenance Service contract including but not limited to force majeure, act of God, refusal of license, government act, fire, explosions, accident, industrial dispute, civil commotion, impossibility of obtaining materials.

o The Supplier will not be liable whatsoever for supplying the Service when payment has not been made.

Supplier’s Liability

o If the supplier fails to provide the maintenance work in accordance with the Maintenance Service Contract, for any loss of production, loss of profit or for any direct or indirect damage or consequential loss that may be suffered by the client to the maximum of the equivalent service charge paid for as calculated to the individual service hours missed be reimbursed .

Limitation of Supplier’s Liability

o So far as permitted by applicable law, the Supplier shall not be liable by reason of any breach of this Maintenance Service Contract or by any reason of his negligence, except as is expressly provided for under this Maintenance Service Contract, for any loss of production, loss of profit or for any direct or indirect damage or consequential loss that may be suffered by the client.

o After termination of the Maintenance Service Contract the Supplier’s liability shall cease immediately.

Termination of The Maintenance Service Contract

o The Maintenance Service Contract may be terminated by either party giving the other party thirty (30) days notice in writing otherwise the Maintenance Service Contract shall by default, be non-expiring and shall automatically roll over from year to year.

Arbitration

o All disputes, differences or questions that may arise regarding the implementation of this agreement or the interpretation of the terms hereof, the same shall be referred to the decision of an arbitrator to be appointed in writing by the parties in difference or if they cannot agree upon a single arbitrator to the decision of the three arbitrators appointed one by each party and third by the two arbitrators so appointed. The dispute may be referred to the High Court if either party is not satisfied with the decision of the arbitrator.

o Unless otherwise agreed, any arbitration hereunder shall take place in and governed by the Laws of Kenya and conducted in accordance with the Arbitration Act of Kenya (Cap. 49) or any other law for the time being in force amending or replacing the same.

Applicable

o The Laws of Kenya shall govern this agreement.

Client Immunity

o Nothing in this Maintenance Service Contract shall imply a waiver by the Client of any Privilege or Immunity enjoyed by them or their acceptance of the jurisdiction of the courts of any courts of any County over disputes arising out of the said maintenance Service Contract.

Submitting a Support Request

All user requests during the maintenance phase will fill in a Support Request form (to be provided after signing of this contract). Once this is filled, they will be sent to Insynque Solutions any weekday between 8 am and 5 pm Kenyan time as a hard copy or via email support@in-synque.com. The Supplier guarantees a response within 24 hours or at the earliest opportunity available.

  1. Payment Schedule

Modification of code and module functionality the scope shall be discussed, mapped and quoted for. Insynque Solutions will require official Purchase Order or equivalent before proceeding.

For ad-hoc support matters the following schedule will be used:

Unit prices per category of personnel for such additional professional services would be charged as follows:

  1. Software Development Analyst/Programmer/Technician: KES5,500.00 per day exclusive VAT
  2. Remote Software Support: KES3,000.00 per day exclusive VAT

For both categories:

  1. Site daily allowance outside Nairobi: KES2,500.00 per day exclusive VAT
  2. Travel cost as per means and quote for sites inside – outside Nairobi
  3. Accommodation as per means and quote per day outside Nairobi but within Kenya

Copyright © 2019

Any Questions?

Do you have any questions regarding our services? Please do not hesitate to reach us at +254719633230