Terms and Conditions

1. Introduction

These Terms explain the baseline rules that apply when you access websites, applications, cloud services, software, managed services, consulting, support, content, and related digital services made available under the Accentrix Cloud brand.

2. Acceptance of Terms

By accessing or using Accentrix Cloud, creating an account, requesting a service, submitting information, or paying for a service, you agree to these Terms. If you are using Accentrix Cloud on behalf of an organization, you confirm that you are authorized to accept these Terms for that organization.

3. About Accentrix Cloud

Accentrix Cloud is operated by Accentrix Data Systems Ltd, a company registered in Kenya. Accentrix Cloud provides cloud technology, software, digital infrastructure, business automation, managed hosting, cybersecurity, resilience, and related digital services for customers in Kenya and other supported markets.

4. Eligibility and Account Registration

You must provide accurate and current information when registering or requesting services. You may be asked to provide contact, business, billing, technical, or account information needed to evaluate, provision, operate, support, or bill the services.

5. User Accounts and Security

You are responsible for keeping account credentials secure, limiting access to authorized users, and promptly notifying Accentrix Cloud of suspected unauthorized access. Accentrix Data Systems Ltd may rely on actions taken through your account as authorized unless you notify us of a security issue.

6. Services

Services may include software access, managed infrastructure, VPS hosting, application hosting, deployment support, business automation, customer support, consulting, cybersecurity coordination, backup coordination, disaster recovery planning, and related digital services. Specific paid services may be described in quotations, order forms, invoices, service level agreements, or written contracts.

7. Service Availability

Accentrix Cloud aims to provide reliable services, but availability may be affected by maintenance, third-party providers, internet routing, infrastructure events, security events, customer configuration, or circumstances outside our reasonable control. We do not promise 100% uptime unless a separate written service level agreement expressly states otherwise.

8. Acceptable Use

You agree to use Accentrix Cloud lawfully, responsibly, and in a manner that does not harm the platform, other users, third-party systems, or public networks. You are responsible for ensuring that your use of the services complies with applicable laws, contracts, policies, and industry requirements relevant to your organization.

9. Prohibited Activities

You must not use Accentrix Cloud to commit fraud, distribute malware, attack systems, send unlawful spam, host unlawful content, infringe intellectual property, bypass security controls, scrape or misuse data, overload infrastructure, or engage in any activity that is illegal, harmful, deceptive, abusive, or disruptive.

10. Customer Content and Data

You retain responsibility for the content, files, records, configurations, credentials, data, and instructions you provide or process through the services. You confirm that you have the rights and permissions needed to provide that content and data to Accentrix Cloud for service delivery.

11. Intellectual Property

Accentrix Data Systems Ltd and its licensors retain ownership of Accentrix Cloud branding, software, designs, documentation, workflows, templates, code, content, and platform materials unless a separate written agreement states otherwise. You may not copy, resell, reverse engineer, or misuse these materials except as permitted in writing.

12. Third-Party Services and Integrations

Accentrix Cloud may integrate with third-party services such as authentication providers, payment providers, cloud infrastructure providers, communication tools, analytics tools, GitHub, Google, Facebook, and other services selected for delivery or requested by the customer. Third-party services may be governed by their own terms and availability.

13. Fees, Billing and Payments

Fees, billing cycles, taxes, setup charges, usage charges, renewal rules, payment methods, and payment due dates may be stated in quotations, invoices, checkout pages, package pages, order forms, or written agreements. Access to paid services may depend on successful payment and account verification.

14. Taxes

Unless stated otherwise, prices may be exclusive of taxes, levies, duties, transaction charges, or other government-imposed amounts. You are responsible for taxes and charges that apply to your purchase or use of the services, except for taxes based on Accentrix Data Systems Ltd income.

15. Subscription Changes and Cancellation

Subscription changes, upgrades, downgrades, renewals, cancellation timing, and refund eligibility depend on the applicable package, invoice, quotation, service agreement, or written contract. Some services involve setup, provisioning, license, infrastructure, or implementation work that may not be refundable after delivery begins.

16. Suspension or Termination

Accentrix Data Systems Ltd may suspend or terminate access where required by law, where payment is overdue, where there is a security risk, where services are abused, or where these Terms or a service agreement are breached. Where practical, we will provide notice and an opportunity to resolve the issue.

17. Data Protection and Privacy

Personal information is handled according to the Accentrix Cloud Privacy Policy and applicable data protection requirements. You are responsible for the lawfulness, accuracy, and appropriateness of customer-controlled data that you submit, host, or process through the services.

18. Backups and Customer Responsibilities

Backup, retention, restoration, and disaster recovery responsibilities depend on the service purchased and the written scope agreed with the customer. Unless expressly included in a separate written agreement, you remain responsible for maintaining appropriate copies, exports, records, credentials, and continuity plans for your own operations.

19. Security

Accentrix Cloud applies reasonable technical and organizational measures appropriate to the services provided. No technology service can guarantee absolute security, zero incidents, or immunity from all cyber threats. You must use strong credentials, appropriate access controls, timely updates, and responsible security practices.

20. Disclaimers

Services are provided using reasonable skill and care, but they are not guaranteed to be uninterrupted, error-free, immune from attack, or suitable for every purpose. Any timelines, estimates, recommendations, reports, scans, audits, or forecasts are provided for practical guidance and should be evaluated in the context of your own business requirements.

21. Limitation of Liability

To the extent permitted by applicable law, Accentrix Data Systems Ltd will not be liable for indirect, incidental, special, punitive, or consequential losses, including loss of profit, revenue, business opportunity, goodwill, or data, except where a separate written agreement states otherwise or applicable law requires a different result.

22. Indemnification

You agree to indemnify Accentrix Data Systems Ltd against claims, losses, liabilities, costs, and expenses arising from your unlawful use of the services, your customer content, your breach of these Terms, or your violation of third-party rights, except to the extent caused by Accentrix Data Systems Ltd unlawful conduct.

23. Changes to Services

Accentrix Cloud may update, improve, replace, suspend, or discontinue features where needed for security, reliability, compliance, supplier changes, product direction, or operational reasons. We aim to avoid unnecessary disruption to active customers where practical.

24. Changes to These Terms

Accentrix Data Systems Ltd may update these Terms from time to time. Updated Terms will be published on this page with a new last-updated date. Continued use of Accentrix Cloud after changes become effective means you accept the updated Terms.

25. Governing Law

These Terms are governed by the laws of Kenya unless a separate written agreement with Accentrix Data Systems Ltd specifies a different governing law for a particular customer engagement.

26. Dispute Resolution

If a dispute arises, the parties should first attempt to resolve it in good faith through direct communication. If the matter cannot be resolved informally, it may be handled according to the dispute process in the applicable written agreement or, if none exists, through the courts or lawful dispute resolution mechanisms available in Kenya.

27. Contact Information