Terms of Service

Last updated: December 15, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you and Eltaju Investment Limited ("Company," "we," "us," or "our"), concerning your access to and use of our website, digital products, and services.

By accessing or using our services, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using our services.

2. Description of Services

Eltaju Investment Limited provides digital products and services including:

  • Custom digital application development
  • Gaming solutions and platforms
  • Digital media creation and production
  • Technology consulting services
  • Software licensing and distribution

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with or without notice.

3. Eligibility and Account Registration

You must be at least 18 years old to use our services. By using our services, you represent and warrant that:

  • You have the legal capacity to enter into these Terms
  • All information you provide is accurate and current
  • You will maintain the accuracy of such information
  • You are not prohibited from receiving services under applicable laws

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

4. Payment Terms and Pricing

4.1 Pricing

All prices are quoted in USD or local currency as indicated. Prices are subject to change without notice. We reserve the right to modify pricing for future purchases.

4.2 Payment

Payment is required before commencement of services unless otherwise agreed in writing. We accept various payment methods including credit cards, bank transfers, and digital payment platforms.

4.3 Taxes

You are responsible for all applicable taxes, duties, and governmental charges related to your purchase, except for taxes based on our net income.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our services are owned by Eltaju Investment Limited and are protected by copyright, trademark, and other intellectual property laws.

5.2 Client Content

You retain ownership of content you provide to us. By using our services, you grant us a license to use, modify, and incorporate your content into deliverables.

5.3 Deliverables

Upon full payment, you receive ownership or license rights to custom deliverables as specified in your service agreement.

6. User Conduct and Prohibited Uses

You agree not to use our services for any unlawful purpose or in any way that could damage our reputation or services. Prohibited uses include:

  • Violating any applicable laws or regulations
  • Infringing on intellectual property rights
  • Transmitting harmful or malicious code
  • Attempting to gain unauthorized access to our systems
  • Using our services for competitive intelligence
  • Distributing spam or unsolicited communications
  • Engaging in fraudulent or deceptive practices

7. Service Delivery and Performance

7.1 Project Timeline

Project timelines are estimates based on project scope and complexity. Actual delivery times may vary due to factors including client feedback cycles, scope changes, and technical requirements.

7.2 Client Cooperation

Timely project completion requires client cooperation including prompt feedback, content provision, and decision-making. Delays in client response may affect project timelines.

7.3 Quality Assurance

We conduct thorough testing and quality assurance on all deliverables. Any issues discovered post-delivery will be addressed according to our support policies.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Eltaju Investment Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption or system downtime
  • Cost of substitute products or services

Our total liability for any claim arising from these Terms or our services shall not exceed the amount paid by you for the specific service giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Eltaju Investment Limited and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you provide to us
  • Your negligent or wrongful conduct

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Kenya, without regard to conflict of law principles.

10.2 Dispute Resolution

Any disputes arising from these Terms or our services shall first be addressed through good faith negotiations. If unresolved, disputes shall be settled through binding arbitration in Busia, Kenya.

10.3 Jurisdiction

You consent to the exclusive jurisdiction of the courts of Kenya for any legal proceedings not subject to arbitration.

11. Termination

11.1 Termination by Us

We may terminate or suspend your access to our services immediately, without prior notice, for any reason including breach of these Terms.

11.2 Termination by You

You may terminate your use of our services at any time. Termination does not relieve you of payment obligations for services already rendered.

11.3 Effect of Termination

Upon termination, your right to use our services ceases immediately. Provisions that should survive termination by their nature shall remain in effect.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with the effective date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

Material changes will be communicated via email or prominent notice on our website at least 30 days before taking effect.

13. Contact Information

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

Eltaju Investment Limited

Busia-Kisumu Rd
Busia, Kenya

Email: legal@eltajudigital.com

Phone: +254 700 000 000