Terms of Service

Agreement to Terms

These Terms of Service ("Terms") are a legally binding agreement between you (the client organisation or individual) and Datacare Limited ("Datacare," "we," "us," or "our"), governing your access to and use of datacare.co.ke and all Datacare services and products.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

Our Products and Services

Datacare Limited provides the following products and services:

Proprietary Software Products

• JurisFlow (JurisFlow): matter management, billing, M-Pesa receipting, KRA eTIMS filing, and document management for Kenyan law firms
• EduPulse 360: CBC-aligned school management system covering PP1 through Grade 12, including M-Pesa fee collection, NEMIS integration, payroll, and TPAD
• Datacare Docs: document management system with approval workflows, version control, and KDPA-compliant storage

Managed IT & Cloud Services

• Microsoft 365 licensing, deployment, and support
• Google Workspace licensing and administration
• KRA eTIMS integration and compliance advisory
• Cybersecurity assessments and managed security
• Website design and development
• Cloud infrastructure (Azure, AWS) setup and management
• IT consulting and technical support

Eligibility

To use our services, you must:

• Be at least 18 years old
• Have legal capacity to enter binding contracts under Kenyan law
• Represent a legitimate organisation where services are purchased on its behalf
• Provide accurate and complete registration information

User Accounts

• You are responsible for maintaining the confidentiality of account credentials
• Notify us immediately of any unauthorised access at info@datacare.co.ke
• You are liable for all activities conducted under your account
• We reserve the right to suspend accounts for violations of these Terms

Payment and Billing

Fees

All fees are quoted and invoiced in Kenya Shillings (KES) unless otherwise explicitly agreed in a signed service agreement.

Software Subscription Terms

• JurisFlow: Billed per fee earner per month or annually. Subscriptions renew automatically unless cancelled with 30 days' written notice before the renewal date.
• EduPulse 360: Billed per enrolled student per term (private schools) or as a fixed termly/annual fee (public schools). Pricing is confirmed in your service agreement.
• Datacare Docs: Billed per user per month or annually, depending on the plan selected.

Payment Terms

• Payment is due within 30 days of invoice date unless otherwise agreed
• Late payments may incur interest at 2% per month
• Accepted methods: bank transfer, M-Pesa Paybill, cheque, or credit/debit card

Refunds

Subscription fees paid in advance are non-refundable if you cancel mid-term. Setup and onboarding fees are non-refundable once onboarding has commenced. Custom development work may qualify for a partial refund within 14 days if no deliverable has been provided.

Acceptable Use Policy

You agree NOT to:

• Use our services for any illegal activity under Kenyan law
• Transmit malware, viruses, or any harmful code
• Attempt unauthorised access to our systems or other clients' data
• Interfere with or disrupt service availability
• Impersonate Datacare staff or misrepresent your identity
• Scrape, reverse-engineer, or copy any part of our proprietary software
• Use our messaging infrastructure to send unsolicited communications
• Share login credentials across unauthorised users (all users must have individual licensed accounts)

Intellectual Property

Datacare's Property

All software, code, content, designs, and documentation produced by Datacare Limited, including JurisFlow, EduPulse 360, and Datacare Docs, remain the exclusive intellectual property of Datacare Limited. Subscriptions grant a licence to use the software; they do not transfer ownership.

Your Data

You retain full ownership of all data you input into Datacare systems: client records, student data, documents, financial records. Datacare processes this data solely to deliver the agreed service.

Custom Development

For bespoke development work, intellectual property ownership is specified in the project agreement. Generally, you own the final deliverables upon full payment; Datacare retains ownership of reusable frameworks and pre-existing components.

Service Level Agreement (SLA)

• Uptime target: 99.5% monthly for cloud-hosted Datacare software
• Support response for critical issues: Within 4 business hours (Monday to Friday 9am to 5pm, Saturday 9am to 2pm, EAT)
• Support response for standard issues: Within 1 business day
• Planned maintenance: Scheduled outside business hours with at least 24 hours' advance notice

Specific SLA commitments are detailed in your signed service agreement.

Data Protection

We are committed to handling all data in compliance with the Kenya Data Protection Act 2019 (KDPA 2019). For clients whose data includes personal data of third parties (e.g., law firm clients, school learners), a Data Processing Agreement (DPA) will be provided and must be signed before service commencement.

See our Privacy Policy for full details on data handling practices.

Warranties and Disclaimers

We warrant that our services will be performed with professional skill and care, consistent with industry standards for Kenyan software providers.

Except as stated in your service agreement, services are provided "as is" and we do not warrant that they will be uninterrupted, error-free, or completely secure.

We are not responsible for third-party services, network failures, or M-Pesa / KRA system outages outside our control.

Limitation of Liability

To the maximum extent permitted by Kenyan law:

• Our total liability shall not exceed the fees paid in the 12 months preceding the claim
• We are not liable for indirect, consequential, or punitive damages
• We are not liable for data loss where you failed to maintain independent backups
• We are not liable for service interruptions caused by third-party infrastructure (M-Pesa, KRA eTIMS, NEMIS, cloud providers) or force majeure events

Indemnification

You agree to indemnify Datacare Limited from claims, damages, or expenses arising from:

• Your violation of these Terms
• Your violation of any applicable Kenyan law or regulation
• Your infringement of third-party intellectual property rights
• Your misuse of Datacare products or services

Termination

By You

You may terminate a subscription by providing 30 days' written notice before the next renewal date. Fees already paid for the current term are non-refundable.

By Datacare

We may suspend or terminate your access if you:

• Breach these Terms and fail to remedy within 14 days of notice
• Fail to pay fees within 30 days of the due date
• Engage in fraudulent or unlawful activity

Effect of Termination

On termination, access to the software ceases. We will make your data available for export for 30 days post-termination. Data will be permanently deleted thereafter unless Kenyan law requires longer retention.

Dispute Resolution

Negotiation First

Parties agree to first attempt resolution through good-faith negotiation within 30 days of a written dispute notice.

Arbitration

If negotiation fails, disputes shall be resolved by arbitration under the Arbitration Act 1995 of Kenya. Arbitration shall take place in Nairobi, Kenya, in the English language.

Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any legal proceedings not resolved by arbitration shall be brought before the courts of Nairobi, Kenya.

Miscellaneous

• Entire Agreement: These Terms, together with any signed service agreement, constitute the entire agreement between you and Datacare Limited
• Severability: If any provision is unenforceable, the remaining provisions remain in effect
• Waiver: Failure to enforce a right does not constitute a waiver of that right
• Assignment: You may not assign these Terms without Datacare's written consent; Datacare may assign them in the event of a business restructure
• Force Majeure: Neither party is liable for delays or failures caused by circumstances beyond reasonable control

Contact Information

For questions about these Terms or to report a violation: