Terms of Service

1. Acceptance of Terms

By accessing the Azarous Technologies website (azarous.co.ke), submitting a project inquiry, or engaging Azarous Technologies Ltd. for any service, you confirm that you have read, understood, and agree to be bound by these Terms of Service.

If you are accessing our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these terms.

If you do not agree to these terms, please discontinue use of this website and do not engage our services.

2. Services Description

Azarous Technologies Ltd. provides the following categories of professional services:

• •Custom Software Development: Design, development, and deployment of bespoke web, mobile, and enterprise software applications.
• •Cloud Infrastructure and DevOps: Architecture design, cloud migration, CI/CD automation, and managed infrastructure on AWS and Microsoft Azure.
• •IT Consulting and Digital Transformation: Technology strategy, systems integration, process automation, and advisory services.
• •Data Engineering and AI: Data pipelines, analytics platforms, machine learning models, and AI-powered application development.
• •Cybersecurity Services: Penetration testing, security audits, compliance assessments, and SIEM implementation.
• •Managed IT Services: Ongoing infrastructure monitoring, support, and maintenance under defined Service Level Agreements.

The specific scope, deliverables, timeline, and commercial terms for each engagement are defined in a Statement of Work (SOW) or Master Services Agreement (MSA) signed between Azarous and the client.

3. Use of This Website

You may use azarous.co.ke for lawful purposes only. You agree not to:

• •Unauthorized Access: Attempt to gain unauthorized access to our systems, servers, or databases.
• •Harmful Content: Submit, transmit, or distribute malicious code, spam, or content that is defamatory, fraudulent, or unlawful.
• •Scraping: Use automated tools to scrape, copy, or extract content from this website without our prior written consent.
• •Misrepresentation: Impersonate Azarous Technologies, its staff, or any other person or entity.

4. Intellectual Property

All content on this website, including text, graphics, logos, icons, and software, is the property of Azarous Technologies Ltd. and is protected under applicable intellectual property laws.

• •Client-Owned IP: All bespoke code, database schemas, proprietary algorithms, and deliverables developed specifically for a client become the exclusive property of the client upon receipt of full payment for the relevant milestone, as specified in the SOW.
• •Azarous Pre-Existing IP: General frameworks, libraries, tools, and methodologies developed or utilized by Azarous prior to or independently of a client engagement remain the property of Azarous. Clients are granted a perpetual, royalty-free, non-exclusive licence to use these components as part of the delivered solution.
• •Open Source Components: Where open-source software is incorporated into deliverables, its use is governed by the applicable open-source licences, which will be disclosed to the client.

5. Payment and Billing

Commercial terms including pricing, payment schedules, and milestone-based billing are agreed upon in writing prior to the commencement of any engagement.

• •Milestone Payments: Projects are typically structured around defined milestones. Payment is due upon delivery and acceptance of each milestone unless otherwise agreed.
• •Late Payments: Invoices not settled within the agreed payment period may attract a late payment charge as specified in the SOW.
• •Suspension of Services: Azarous reserves the right to suspend active services where invoices remain unpaid beyond the agreed grace period, after providing written notice to the client.
• •Taxes: All fees are exclusive of applicable taxes, including VAT, where applicable under Kenyan law or the laws of the client's jurisdiction.

6. Confidentiality and Non-Disclosure

Both Azarous Technologies and the client agree to treat all proprietary information, technical architectures, business strategies, source code, and commercial terms shared during an engagement as strictly confidential.

This obligation applies to both parties, their employees, subcontractors, and agents. Confidentiality obligations survive the termination of services for a period of five (5) years, unless a separate NDA stipulates a different period.

Azarous will not disclose client names, project details, or commercially sensitive information without prior written consent, except as required by law.

7. Service Level Agreements (SLAs)

Where Azarous provides managed services, hosting management, or ongoing support, uptime targets, response times, and escalation procedures are defined in the applicable SLA document.

Standard managed service targets include 99.9% uptime for production cloud infrastructure, subject to exclusions for scheduled maintenance, force majeure events, and third-party provider outages.

SLA credits or remedies for downtime are specified in the individual service agreement and constitute the client's sole remedy for service interruptions.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Azarous Technologies shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of our services or website, including but not limited to loss of data, loss of revenue, or business interruption.

Our total aggregate liability to any client for claims arising from a specific engagement shall not exceed the total fees paid by that client for the relevant services in the three (3) months preceding the claim.

Nothing in these terms excludes liability for fraud, gross negligence, or any other liability that cannot be excluded under applicable Kenyan law.

9. Third-Party Links and Services

Our website may contain links to third-party websites or references to third-party tools and platforms. These are provided for convenience only.

Azarous Technologies has no control over the content, privacy practices, or availability of third-party sites and accepts no responsibility for any loss or damage arising from your use of them.

10. Termination

Either party may terminate a service engagement by providing written notice as specified in the applicable SOW or MSA.

Azarous reserves the right to immediately terminate services and restrict website access in cases of material breach of these terms, fraudulent activity, or non-payment.

Upon termination, Azarous will deliver all completed work and client-owned data within a reasonable period, and both parties' confidentiality obligations will remain in force.

11. Changes to These Terms

Azarous Technologies reserves the right to update these Terms of Service at any time. The revised version will be published on this page with an updated "Last Updated" date.

Continued use of our website or services after the posting of changes constitutes acceptance of the revised terms. For material changes affecting active engagements, we will notify relevant clients directly.

12. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the Republic of Kenya.

Any disputes arising from these terms or from service engagements shall first be subject to good-faith negotiation between the parties. If unresolved, disputes shall be referred to arbitration or the competent courts of Nairobi, Kenya.

13. Contact Us

For questions or clarifications regarding these Terms of Service, please contact us: