Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Nubian Networks Limited("we", "our", or "us"), a company registered in Kenya.

These Terms govern your access to and use of our website at www.nubiannetworks.com and all products, services, and software provided by Nubian Networks Limited (collectively, the "Services").

By accessing or using the Services, you confirm that you are at least 18 years old and legally capable of entering into binding contracts.

Nubian Networks Limited provides technology solutions including but not limited to:

• Point of Sale (POS) systems
• Finance and Accounting software
• Human Resource Management systems
• Gas and Electricity meter automation solutions
• Cross-platform mobile application development
• Custom software development and related consultancy

The specific terms governing any software product or service engagement will be set out in a separate Service Agreement or Statement of Work, which will take precedence over these general Terms where there is a conflict.

3.1 Permitted Use

You may use our website for lawful purposes only, in accordance with these Terms. You agree to use the website in a way that does not infringe the rights of others or restrict their use.

3.2 Prohibited Conduct

You must not:

• Use our website for any unlawful or fraudulent purpose.
• Attempt to gain unauthorised access to our systems or data.
• Transmit any malicious code, viruses, or harmful materials.
• Scrape, copy, or reproduce content from our website without our written consent.
• Impersonate Nubian Networks Limited or any of its employees or representatives.
• Use our website in any way that could damage, disable, or impair it.

All content on this website — including text, graphics, logos, images, icons, software, and designs — is the property of Nubian Networks Limited or its content suppliers and is protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use the website for personal, non-commercial purposes. You may not:

• Reproduce, distribute, or create derivative works from our content without prior written consent.
• Use our trademarks, logos, or brand materials without authorisation.
• Remove or alter any copyright, trademark, or other proprietary notices.

5.1 Licence

Where we provide you with access to our software products, we grant you a limited, revocable, non-exclusive, non-transferable licence to use the software solely for your internal business purposes as agreed in your service agreement.

5.2 Restrictions

Unless otherwise agreed in writing, you must not:

• Sublicense, sell, resell, transfer, or assign the software or its use to any third party.
• Reverse engineer, decompile, or disassemble the software.
• Modify or create derivative works based on the software.
• Use the software to build a competing product or service.

5.3 Updates & Support

We may issue updates, patches, or new versions of our software from time to time. Support terms are as specified in your service agreement.

Where our Services are provided on a paid basis:

• Fees are as agreed in your service agreement or invoice.
• Payment is due on the date specified in the relevant invoice.
• Late payments may attract interest at a rate specified in the service agreement, or as permitted by applicable law.
• We reserve the right to suspend or terminate access to Services in the event of non-payment.
• All fees are exclusive of applicable taxes (e.g., VAT) unless stated otherwise.

Each party may have access to the other's confidential information in the course of the Services. Both parties agree to:

• Keep confidential information strictly confidential.
• Not disclose it to any third party without prior written consent.
• Use it only for the purposes of the Services.

This obligation does not apply to information that is publicly known, was already known to the receiving party, or must be disclosed by law.

Our website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Nubian Networks Limited disclaims all warranties, express or implied, including:

• Warranties of merchantability, fitness for a particular purpose.
• That the Services will be uninterrupted, error-free, or free of viruses.
• That information on the website is accurate, complete, or current.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

To the maximum extent permitted by law, Nubian Networks Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business interruption, arising out of or in connection with your use of our Services.

Our total liability to you for any claim arising from or related to the Services shall not exceed the fees paid by you to us in the three (3) months preceding the event giving rise to the claim.

You agree to indemnify, defend, and hold harmless Nubian Networks Limited, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Services in violation of these Terms.
• Your violation of any applicable law or third-party rights.
• Any content you submit or transmit through our Services.

Either party may terminate a services engagement as specified in the relevant service agreement.

We reserve the right to suspend or terminate your access to our website at any time, without notice, if we believe you have violated these Terms or applicable law.

Upon termination, provisions that by their nature should survive (including intellectual property, confidentiality, limitation of liability, and governing law) will continue to apply.

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising from or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of Kenya.

Before initiating legal proceedings, we encourage both parties to attempt to resolve any dispute in good faith through direct negotiation. If unresolved within 30 days, either party may pursue legal remedies.

We may revise these Terms at any time by updating this page. The "Last updated" date at the top of this page will reflect changes. Continued use of our Services after any changes constitutes your acceptance of the revised Terms. We recommend reviewing this page periodically.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

For questions or concerns about these Terms of Service, please contact us: