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AUTHORIZATION

You are engaging Ushauri Tech, as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize Ushauri Tech access and “write permissions” to all files and directories of your account with any third-party hosting provider, as well as permission to install any needed WordPress plugins for maintenance and security.

COPYRIGHT

Ushauri Tech does not assume any responsibility or liability for the content of the websites it manages, maintains, and/or hosts.

PRICING & PAYMENTS

All prices appearing on this site are subject to change without prior notice. Once a client of Ushauri Tech, you authorize Ushauri Tech to charge the payment method you submitted for all the invoices generated for the services rendered by Ushauri Tech. To cancel your recurring payment or change the payment method, simply contact Ushauri Tech prior to your payment’s due date.

Late Fee: A monthly service fee of 1.5 percent, or the maximum allowed by law, is payable on all overdue balances. The terms of payment are stipulated on the invoice.

Crediting Late Payments: Payments will be credited to late payments first, then to unpaid balances.

Collection Expenses: The client shall pay all collection or legal fees caused by late payments.

Monthly Care Plans: The client will be automatically billed on their credit card 30 days after the last payment was made. This may be canceled by the client at any time. Billing is based on 30-day segments and no partial or prorated refunds will be given.

CANCELLATION & REFUNDS

Cancellation of any monthly recurring service can occur at any time. No refunds are available after your purchased package or service has been started, unless otherwise specified in any authorized means of communication by Ushauri Tech.

MONTHLY CARE PLAN

The Extreme Care Plan is based on a 30 day period. The month will start when the payment is submitted and will end 30 days after this payment. A client may start their Extreme Care Plan on any day during the month. Ushauri Tech will track services rendered during each 30-day time frame.

Ushauri Tech reserves the right to change the features of any care plan at any time without prior notice.

WEBSITES NOT BUILT BY USHAURI TECH

If a website was not built by Ushauri Tech, Ushauri Tech will not be held responsible for any coding, plugin, or theme compatibility issues that may arise due to the improper setup of the website. If issues arise that must be fixed in order to get the site up and running with the modern versions of the software, this will be considered billable time. Ushauri Tech may provide an estimate prior to completing any work on the site unless another agreement was made.

SOFTWARE, THEMES, AND PLUGINS NOT BUILT OR INSTALLED BY USHAURI TECH

For custom software, themes, and plugins not built or installed by Ushauri Tech, Ushauri Tech will not be held responsible for any coding, plugin, or theme compatibility issues that may arise due to conflicts with other plugins or themes, or issues that arise after WordPress core, theme, and plugin updates. If issues arise that must be fixed, this will be considered billable time and Ushauri Tech will bill for the time required to resolve this issue.

PERFORMANCE OPTIMIZATION

The performance optimization package included on its own or with the Extreme WordPress Care Plans includes the following items:

  • Removing unnecessary plugins causing speed issues
  • Basic image optimization (anything requiring in-depth or advanced image optimization will be quoted separately)
  • Website caching plugin to speed up the website
  • Lazy loading of images so important and visible images load first
  • Website Compression & Minification

Items that are not included as part of the performance optimization package include: changing how a video is served to the website and where it is served from, advanced image optimization, manual image optimization, fixing coding issues preventing proper site optimization, and fixing/repairing coding issues that allow images to be served at the proper size based on device.

HOSTING/DOMAINS

We strongly believe the client’s website(s) and domain name(s) are their property and they have the right to full access of their account. Client understands and agrees that any web hosting services require a separate contract with a web hosting service. Client agrees to select a web hosting service which allows Ushauri Tech full access to the website.

Ushauri Tech can provide hosting services in two ways:

  1. Ushuari Tech Hosting Partners

Under this method, Ushauri Tech is a reseller of ChemiCloud and HostPinnacle Kenya products and services on a white label basis. Each client is required to have their own hosting account that is unique to them. The client will own 100% of the hosting account and Ushauri Tech will retain no rights to this hosting account.  The client acknowledges that the full terms and conditions of this specific service come from HostPinnacle Kenya and are outside of the control of Ushauri Tech.

  1. Client Preferred Hosting

Under this method, the client can purchase domain and hosting services from any provider of their choice. The client with then be required to provide Ushauri Tech with the domain and hosting account details to enable the website development process.

Ushauri Tech will in no way claim any ownership rights for the Client’s website. The Client will own 100% of the website and files on the server.

Ushauri Tech will never charge a fee for the Client to get access to their website as the website is owned by the Client. Ushauri Tech may charge at the current hourly rate for help and assistance with moving the website to another host, for training related to the website hosting, and other services that may be provided at that time.

BACKUPS OF WEBSITE

Unless a prior website backup has been made within the past 45 days by Ushauri Tech and/or its designee, it is our policy that we make a backup. Ushauri Tech cannot guarantee that we will have a backup of your site forever. Ushauri Tech will not be liable for missing or incomplete backups of websites.

REFUSAL OF SERVICE

Ushauri Tech reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content, or for any other reason. Ushauri Tech is committed to providing family-friendly websites and content for our clients.

SECURITY AND PERSONAL INFORMATION POLICY

Our clients are the most important part of our company. As such, we take your security and personal information very seriously at Ushauri Tech. We hold onto a client’s account information for support purposes only. If a client is in need of support, we have the information on file in order to assist them. Access to account information is only given to approved employees & subcontractors of Ushauri Tech. We never release these passwords to anyone without our client’s permission. In addition, our client’s information is NEVER sold or given to others.

We work hard to protect your information like it is our own. We take numerous precautions to make sure no information falls into the wrong hands. We store confidential data in a secure password vault, which requires two factor authentications. This provides an extra layer of security for our client’s information. Additionally, all the information is sent with encrypted SSL technology between our devices and servers.

THIRD PARTY OR CLIENT PAGE MODIFICATION

With a WordPress based website, clients can independently edit or update there web pages after completion of the site, unless otherwise agreed upon in this agreement by client and Ushauri Tech. If anyone other than Ushauri Tech or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at our standard hourly rate for the time beyond the time that is allotted in the monthly care plan. There is a fifteen (15) minute minimum in this situation.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

Ushauri Tech does not guarantee, represent, or warrant that the functions contained in webpages or the Internet website we create will be uninterrupted or error-free. Ushauri Tech does not represent, guarantee or warrant that the functions contained in webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Ushauri Tech disclaims any liability relating thereto.

You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use. The entire risk as to the quality and performance of the webpages and website is with client.

To the extent not prohibited by law, in no event will Ushauri Tech be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if Ushauri Tech has been advised of the possibility of such damages. Additionally, in no event will Ushauri Tech be liable for any content provided by clients. Client shall indemnify and hold harmless Ushauri Tech and its managers, employees, agents, affiliates, and subcontractors from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including attorneys’ fees and costs) which arise out of, relate to or result from any act or omission of Ushauri Tech on Client’s website.

This Work Statement Agreement is governed by the laws of Kenya. You expressly agree that exclusive jurisdiction for any claim or dispute with Ushauri Tech or relating in any way to your use of the created webpages or Internet website resides in the courts of The Republic of Kenya.

ACCEPTANCE

Please note that by engaging us for our services and submitting your payment, you are agreeing to all our terms of service as they are written here. Ushauri Tech reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties.

Please contact us with any questions regarding the Ushauri Tech terms of service by email [email protected]