Introduction

Welcome to Bytechvistar! These Terms and Conditions (“Terms”) govern your use of our website and services. By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

Definitions

• “Bytechvistar,” “we,” “our,” “us” refers to Bytechvistar IT Solutions.
• “You,” “your” refers to the user or customer of our website and services.
• “Services” refers to the IT services provided by Bytechvistar, including web development, software development, mobile app development, network configuration, software implementation, hardware installation, database management, IT emergency recovery, and SEO optimization.

Use of Services

1. Eligibility: You must be at least 18 years old to use our services. By using our services, you represent and warrant that you meet this age requirement.
2. Account: To access certain services, you may need to create an account. You agree to provide accurate and complete information and to keep this information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3. Prohibited Conduct: You agree not to use our services for any unlawful or prohibited activities, including but not limited to:
   • Violating any applicable laws or regulations.
   • Infringing on the intellectual property rights of others.
   • Distributing harmful software or engaging in activities that disrupt the services or servers.
   • Misrepresenting your identity or affiliation with any person or entity.

Services and Payment

1. Service Provision: Bytechvistar will provide the services as described on our website and in any agreements with you. We reserve the right to modify or discontinue any service at any time.
2. Payment: You agree to pay the fees for the services as specified in our agreements or on our website. All payments are due upon receipt of the invoice unless otherwise stated. Late payments may incur additional charges.
3. Refunds: Refunds are subject to our discretion and will be considered on a case-by-case basis. Please contact us if you have any concerns about your payment.

Intellectual Property

1. Ownership: Bytechvistar retains all rights, title, and interest in and to our services, including all related intellectual property rights. Your use of the services does not grant you any ownership rights.
2. License: We grant you a limited, non-exclusive, non-transferable license to use our services for your personal or business purposes, subject to these Terms.
3. Feedback: If you provide us with any feedback or suggestions regarding our services, you grant us the right to use such feedback for any purpose without any compensation to you.

Confidentiality

1. Confidential Information: Both parties agree to keep confidential any proprietary or confidential information disclosed during the course of using the services. Confidential information does not include information that is publicly known or independently developed.
2. Disclosure: Neither party will disclose the other party’s confidential information to any third party without prior written consent, except as required by law.

Limitation of Liability

1. Disclaimer: Our services are provided “as is” and “as available,” without any warranties, express or implied. Bytechvistar disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. Liability: To the fullest extent permitted by law, Bytechvistar will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
   • Your use or inability to use the services.
   • Any unauthorized access to or use of our servers and/or any personal information stored therein.
   • Any interruption or cessation of transmission to or from the services.
   • Any bugs, viruses, or the like that may be transmitted to or through our services by any third party.

Indemnification

You agree to indemnify, defend, and hold harmless Bytechvistar, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our services or your violation of these Terms.

Termination

1. Termination by You: You may terminate your account and stop using our services at any time.
2. Termination by Us: We may suspend or terminate your account and access to our services at any time, with or without cause, and with or without notice. Upon termination, your right to use the services will immediately cease.
3. Survival: The provisions of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution

1. Governing Law: These Terms are governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles.
2. Dispute Resolution: Any disputes arising out of or relating to these Terms or our services will be resolved through binding arbitration in Kenya, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website and updating the effective date. Your continued use of our services after the changes become effective constitutes your acceptance of the revised Terms.

Contact Us

If you have any questions or concerns about these Terms, please contact us.

Thank you for choosing Bytechvistar. We look forward to serving you and helping your business thrive with our comprehensive IT solutions.