Terms Of Service
Terms Of Service
Welcome to the website of SIMI Technologies. By accessing or using this website, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please discontinue use of the website.
These Terms of Service govern your use of our website, content, products, services, and any other services provided by SIMI Technologies.
1. About SIMI Technologies
SIMI Technologies provides business management systems, software development, implementation, customization, training, support, and related technology services.
Our services may include, but are not limited to:
- Enterprise Resource Planning (ERP) systems
- Manufacturing management systems
- School management systems
- Hospital management systems
- Hotel and restaurant management systems
- Retail management systems
- Property management systems
- E-commerce solutions
- Software development and customization
- System implementation and configuration
- Technical support and training
Specific services, features, pricing, and conditions may vary depending on the service agreement entered into with a client.
2. Acceptance of These Terms
By accessing this website or using our services, you confirm that:
- You have read and understood these Terms of Service.
- You agree to comply with these terms and all applicable laws and regulations.
- Any information you provide to us is accurate and not misleading.
- You have the legal capacity and authority to enter into an agreement with us where applicable.
If you are accessing our services on behalf of a company, organization, or other legal entity, you confirm that you have the authority to bind that entity to these terms.
3. Use of The Website
You may use this website for lawful purposes only.
You agree not to:
- Use the website for fraudulent, unlawful, or unauthorized purposes.
- Attempt to gain unauthorized access to our systems, servers, databases, or accounts.
- Introduce malicious software, viruses, or other harmful code.
- Interfere with the security, availability, or functionality of the website.
- Copy, reproduce, distribute, or exploit website content without authorization.
- Use automated systems to scrape or collect website information in a manner that may adversely affect the website.
- Impersonate another person, company, or organization.
- Submit information that is false, misleading, defamatory, or unlawful.
We reserve the right to restrict or terminate access to the website where we reasonably believe these terms have been violated.
4. Software and Services
Where you purchase or subscribe to software or technology services from SIMI Technologies, additional terms may apply.
These may include:
- Software licensing terms
- Service agreements
- Statements of work
- Subscription agreements
- Support agreements
- Implementation agreements
- Maintenance agreements
- Project-specific terms and conditions
Where a separate written agreement exists between SIMI Technologies and a client, that agreement will govern the specific services covered by it.
5. Pricing and Payments
Prices for our products and services may be provided through a quotation or proposal.
Unless otherwise agreed in writing:
- Quotations are subject to the terms and validity period stated in the quotation.
- Services may require an upfront payment or deposit before work begins.
- Payments must be made using the payment methods communicated by SIMI Technologies
- Additional work outside the agreed scope may incur additional charges.
- Taxes and other applicable statutory charges may be included or charged separately as specified in the applicable quotation or invoice.
Failure to make payment when due may result in suspension of services, support, hosting, implementation work, or access to applicable systems.
6. Project Scope and Changes
For customized software development, implementation, or configuration projects, the agreed scope will normally be defined in a quotation, proposal, statement of work, or other written agreement.
Requests that materially change the agreed scope may be treated as additional work.
Additional work may include:
- New features
- Changes to approved functionality
- Additional integrations
- Additional reports
- Additional users or environments
- Data migration beyond the agreed scope
- Additional training
- Changes requested after approval or deployment
Additional work may require a separate quotation or written approval before implementation.
7. Intellectual Property
Unless otherwise agreed in writing, SIMI Technologies retains ownership of its pre-existing software, source code, frameworks, libraries, methodologies, templates, documentation, designs, tools, and other intellectual property.
You may not reproduce, redistribute, sell, sublicense, reverse engineer, or otherwise exploit our proprietary materials without our written permission, except where such use is expressly permitted by applicable law or a separate agreement.
Client-owned data, trademarks, logos, documents, and other materials supplied by a client remain the property of the client or their respective owners.
Where ownership of custom-developed software or source code is transferred to a client, the applicable ownership rights will be determined by the relevant written agreement.
8. Third-Party Software and Services
Our services may integrate with or depend on third-party software, platforms, payment providers, hosting providers, APIs, telecommunications providers, or other external services.
Examples may include payment gateways, mobile money services, cloud services, email services, mapping services, and third-party software platforms.
SIMI Technologies is not responsible for interruptions, changes, failures, or restrictions imposed by third-party providers where those matters are outside our reasonable control.
Your use of third-party services may also be subject to the third party's own terms and privacy policies.
9. Website Content
We make reasonable efforts to ensure that information published on this website is accurate and up to date. However, website content is provided for general informational purposes and may be changed without notice.
We do not guarantee that:
- All information will always be complete or current.
- The website will always be available or error-free.
- All website functionality will operate without interruption.
- The website will be free from viruses or other harmful components.
Product descriptions, features, availability, and pricing may change without prior notice.
10. User-Submitted Information
If you submit information through our website, including through contact forms, enquiry forms, applications, or other communication channels, you agree that the information you provide is accurate and that you have the right to provide it.
You should not submit confidential, sensitive, or proprietary information through a public website form unless specifically requested or appropriate security arrangements have been established.
We will handle personal information in accordance with our Privacy Policy and applicable data protection laws.
11. Privacy and Data Protection
Your privacy is important to us.
Personal information collected through our website and services may be processed for purposes such as:
- Responding to enquiries.
- Providing requested services.
- Managing client relationships.
- Providing technical support.
- Processing payments.
- Improving our products and services.
- Communicating with clients where appropriate.
- Meeting legal and regulatory obligations.
We do not sell personal information to third parties.
For more information about how we collect, use, store, and protect personal information, please refer to our Privacy Policy.
12. Confidentiality
Where SIMI Technologies receives confidential information from a client in connection with a project or service, we will take reasonable measures to protect that information from unauthorized disclosure.
Confidentiality obligations may be further defined in a separate confidentiality agreement or service contract.
Information that is already publicly available, independently developed, lawfully obtained from another source, or required to be disclosed by law may not be considered confidential.
13. Backups and Data
Where we provide hosting, software implementation, or data management services, the specific backup and data-retention responsibilities will depend on the applicable service agreement.
Unless expressly agreed otherwise, clients should maintain appropriate independent backups of their important business data.
SIMI Technologies will take reasonable measures to protect systems and data under our control, but no computer system, hosting environment, or internet-based service can be guaranteed to be completely secure or free from data loss.
14. Service Availability
We aim to provide reliable services but cannot guarantee uninterrupted availability.
Services may occasionally be unavailable because of:
- Scheduled maintenance
- Emergency maintenance
- Internet or telecommunications failures
- Hosting provider outages
- Third-party service interruptions
- Cybersecurity incidents
- Power or infrastructure failures
- Events beyond our reasonable control
We will make reasonable efforts to restore affected services as soon as reasonably practicable.
15. Limitation of Liability
To the maximum extent permitted by applicable law, SIMI Technologies will not be liable for indirect, incidental, consequential, special, or punitive losses arising from the use of our website or services.
This may include loss of:
- Profits
- Revenue
- Business opportunities
- Data
- Goodwill
- Expected savings
- Business interruption
Nothing in these Terms of Service is intended to exclude or limit liability where such exclusion or limitation is prohibited by applicable law.
16. Indemnity
You agree to indemnify and hold SIMI Technologies, its employees, contractors, and representatives harmless from claims, losses, liabilities, damages, and expenses arising from your unlawful use of our website or services, violation of these terms, or infringement of another person's rights.
17. Links to Third-Party Websites
Our website may contain links to websites or services operated by third parties.
These links are provided for convenience and informational purposes. SIMI Technologies does not necessarily endorse or control the content, policies, security, or availability of third-party websites.
You access third-party websites at your own risk and should review their applicable terms and privacy policies.
18. Suspension and Termination
We may suspend or terminate access to our website or applicable services where reasonably necessary, including where:
- You materially breach these Terms of Service.
- Payment obligations are not met.
- Your use creates a security or operational risk.
- You use our services for unlawful purposes.
- Required by law or a competent authority.
Termination of a service may be subject to the terms of the applicable service agreement.
19. Force Majeure
SIMI Technologies will not be responsible for failure or delay in performing its obligations where the failure or delay results from circumstances beyond our reasonable control.
Such circumstances may include natural disasters, war, civil unrest, government action, internet outages, telecommunications failures, power failures, cyberattacks, strikes, epidemics, or failures of third-party infrastructure.
20. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes to our services, legal requirements, or business practices.
Updated terms will be published on this website with a revised "Last Updated" date.
Your continued use of the website after updated terms are published constitutes acceptance of the revised terms, to the extent permitted by applicable law.
21. Governing Law
These Terms of Service shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.
Any dispute arising from the use of this website or our services should first be addressed through good-faith discussions between the parties.
Where a dispute cannot be resolved amicably, it may be referred to the appropriate courts or dispute-resolution mechanism in Kenya, subject to any separate agreement between SIMI Technologies and the client.
22. Severability
If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable, where legally permitted.
The remaining provisions will continue to apply.
23. Entire Agreement
These Terms of Service, together with any applicable service agreements, quotations, proposals, policies, and other written agreements between SIMI Technologies and a client, constitute the applicable agreement governing the relevant relationship.
Where there is a conflict between these website Terms of Service and a specific written agreement for a service, the specific written agreement will generally take precedence for that service.
24. Contact Us
If you have questions about these Terms of Service or our services, please contact us through the contact information provided on our website.
By using this website, you acknowledge that you have read, understood, and agreed to these Terms of Service.