Brainverse PRIME Terms of Service


Definition of Brainverse PRIME

  • Brainverse PRIME is a service offered by Brainverse Technologies Limited (KE) to it's clients with the aim of:
    • Reducing the acquisition cost of it's services.
    • Allowing customers to have flexible recurring payments while offering continuous technical support.
  • Brainverse PRIME currently covers the following services.
    • Website Design & Development

Benefits to members of Brainverse PRIME

    • A 20% Discount on all other services offered by Brainverse Technologies.
    • A 1 Month PREMIUM subscription of Startup Suite

Definitions

    1. Personal Website - A website that is aimed at displaying, marketing and/or promoting an individual's personal brand, work, portfolio or resume.
    2. Business Website - A website that is aimed at displaying, marketing and/or the brand, services, portfolio and/or products of a company or  organization. This is inclusive of NGOs, Trusts, Businesses and other similar entities.
    3. E-Commerce - A website instituted by either an individual or business with an aim of selling good or services online. The website shall contain an inventory, ordering and product display modules, as well as a payment integration with preferred payment methods like M-PESA, Paypal, Card Payments etc.

Brainverse Technologies' Responsibility

  1. Domain Names
  2. Web Hosting Where Applicable
  3. Dedicated Cloud Server Hosting.
    1. To set up the relevant services for the customer including but not limited to:
    2. To manage the relevant services for the customer.
    3. To provide the respective support as per the Brainverse PRIME packages offered in the frequency defined.
  1. Your Responsibilities
  2. Delivery Timelines:
Activity Personal Website Business Website E-Commerce Website
Submission of information by the client 3 Business Days 5 Business Days 5 Business Days
First Draft Website 4 Business Days 7 Business Days 10 Business Days
Website Launch 5 Business Days 7 Business Days 10 Business Days

 

Service Warranties

To the fullest extent permitted by applicable law, Brainverse PRIME makes warranties, either express or implied, about the Services. But, Brainverse Prime also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.

No advice or information, whether oral or written, obtained by you from Brainverse PRIME, shall create any warranty. Brainverse Technologoes however makes warranty that the services obtained through Brainverse PRIME will:

(a) be timely, uninterrupted or error-free;

(b) meet your requirements or expectations, or

(c) be free from viruses or other harmful components, if only the party plays their part as required by the terms of this agreement.

Paid Services And Fees 

  • Monthly Fee - Before DATE 5th of each month. Subscribers will be always expected to make their own arrangements to ensure remitted their monthly agreed subscription fee.
  • A grace period of non-payment -   The grace period will be between the Unpaid Subscription fee month to the next Month DATE 5 failure to honor your part of agreement recovery measures will be initiated by the Brainverse Prime team.
  • Fee Recovery Measures
    • 1st Reminders at Mid Months - This will be communicated through email/text/call or any other means of communication that will be suitable 
    • 2rd A reminder at the end of the same month
    • 3rd Final Reminder on the 5th of the next month.
    • 4th If no payment is made - The site shall be taken offline which may lead to you losing your data.
  • Any other services not included in the PRIME package will be charged differently.

Our Rights.

To operate effectively and protect the security and integrity of Squarespace, we need to maintain control over our services.

Important Things We Can Do. 

  • We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law):

(a) we may change parts or all of the services and their pricing;

(b) we may suspend or discontinue parts or all of the Services should you not play your part in the sustainability of the services offered;

(c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services if you do not live up to the responsibilities described in this agreement; 

(d) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

  • In any of the above cases, the termination clause below shall apply accordingly, and Brainverse Technologies may at it's sole description provide waivers depending on the reasons for termination.

 Term And Termination

  • Client Opt-Out

The client can opt-out of Brainverse PRIME by becoming a normal Brainverse client or initiate a change in Service Provider. Hence, to retain the service, the client shall:

  1. Pay the full amount of the respective service as per Brainverse most recent pricing.
  2. Receive notice of continuation of the service without Brainverse PRIME advantages.
  3. Pay yearly domain name and hosting fees separately.
  4. In the case of changing a service provider, get all files related to the service after payment of the full-service fee. Domain names shall also be transferred at the expense of the customer.

 

  • Unpaid monthly subscription.

If the customer will not have paid the monthly subscription even after the reminders, the site will be taken offline until the client makes the payments for the current month and any other unpaid months. Services of past unpaid months will be forfeited.

Indemnification 

If you do something that gets us sued, you’ll cover us. 

To the fullest extent permitted by law, you agree to indemnify and hold harmless, Brainverse Technologies and its affiliates, their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to:  

(a) your breach of this Agreement;  

(b) your User Content, Your Sites and Your eCommerce - Information provided to Brainverse technologies for use in delivering services through Brainverse PRIME;  

(c) any claims by, on behalf of or against your End Users;  

(d) your violation of any law or regulation or the rights or good name of any third party; and  

(e) Any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Brainverse Prime service may be held jointly and severally liable.

Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement.