1. Introduction

Welcome to eUNITA ("Company", "we", "our", "us"). These Terms of Service ("Terms", "Terms of Service") govern your use of our website and services operated by eUNITA.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access our services.

2. Services

eUNITA provides software development services including but not limited to web development, mobile application development, custom software development, database solutions, cloud services, and DevOps services.

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the services with or without notice and without liability to you.

3. Project Agreements

All projects undertaken by eUNITA will be governed by a separate Project Agreement that outlines the specific scope, deliverables, timeline, and payment terms for each project.

In the event of any conflict between these Terms of Service and a Project Agreement, the terms of the Project Agreement shall prevail with respect to that specific project.

4. Intellectual Property

Upon full payment of all applicable fees, the client will own all rights to the deliverables specifically created for the client as part of the services, except for:

• Third-party materials incorporated into the deliverables
• Company's pre-existing intellectual property
• General programming techniques, algorithms, methods, or processes developed by the Company

The Company retains the right to use and incorporate any general knowledge, skills, or experience acquired during the provision of services.

5. Payment Terms

Payment terms will be specified in each Project Agreement. Unless otherwise stated:

• A non-refundable deposit may be required before work begins
• Payments are due within 30 days of invoice date
• Late payments may incur interest charges
• The Company reserves the right to suspend services for overdue accounts

6. Client Responsibilities

The client agrees to:

• Provide timely and accurate information necessary for the project
• Review and provide feedback on deliverables within agreed timeframes
• Obtain any necessary third-party permissions or licenses
• Comply with all applicable laws and regulations

7. Limitation of Liability

In no event shall eUNITA, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use our services
• Any changes made to the services
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party on our services

The Company's total liability to the client for any claim arising from or related to the services shall not exceed the total amount paid by the client to the Company during the six (6) months preceding the claim.

8. Warranty and Disclaimer

The Company warrants that the services will be performed in a professional and workmanlike manner in accordance with generally accepted industry standards.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party during the provision of services. This includes but is not limited to business plans, customer data, technical specifications, and proprietary methodologies.

This confidentiality obligation shall survive the termination of services for a period of two (2) years.

10. Termination

Either party may terminate services as specified in the applicable Project Agreement. Upon termination:

• The client shall pay for all services rendered up to the termination date
• The Company shall deliver all completed work and work in progress
• All confidentiality obligations shall remain in effect

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located within San Francisco County, California.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or by email.

Your continued use of our services after such modifications will constitute your acknowledgment and agreement to the modified Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at:

eUNITA
Eldoret Daima Towers, 9th Floor
Eldoret, C39 94107
Email: legal@eunita.com
Phone: +254 795 198 141