Terms of Service

4.2 Prohibited Activities

You agree not to:

• Reverse engineer or decompile any software provided
• Use services for illegal or unauthorized purposes
• Upload malicious code or engage in hacking attempts
• Impersonate any person or entity
• Violate intellectual property rights of others

4.3 Content Submission

• Ensure all submitted content is legally owned or licensed
• Obtain necessary permissions for third-party assets
• Maintain backups of all submitted materials

We reserve the right to reject content violating these terms at our sole discretion.

4.4 Security Requirements

• Implement recommended security measures for your account
• Immediately report suspected unauthorized access
• Maintain updated virus protection on accessing devices

5.2 Fees & Charges

• 1.5% monthly interest on overdue balances
• MWK5000 NSF fee for failed payments
• Taxes additional unless stated otherwise
• Third-party costs (hosting, domains) billed separately

5.3 Payment Disputes

• Must notify in writing within 7 days of invoice
• Continued access during dispute resolution
• Non-refundable deposits for canceled projects

Refund requests must include detailed justification.

5.4 Currency & Conversion

• All amounts in MWK
• Foreign transactions subject to conversion fees
• Rate locks available for large projects

6.2 Client Content

• You grant us limited license to use submitted materials
• Warranty of content ownership/legal rights
• Indemnification against third-party claims

6.3 Licenses

• Non-exclusive license for internal business use
• Prohibition on resale or redistribution
• Open-source components under original licenses

Moral rights under copyright law remain unaffected.

7.2 Obligations

• Maintain confidentiality for 5 years post-termination
• Limit disclosure to essential personnel
• Implement reasonable security measures

7.3 Exclusions

• Publicly available information
• Independently developed knowledge
• Legally required disclosures

Notification required for compelled disclosures.

7.4 Return of Information

• Destruction/return upon request
• Archival copies for legal compliance
• Survival of obligations post-termination

8.2 Limitation of Liability

• Maximum liability limited to fees paid
• Exclusion of indirect/consequential damages
• Exceptions for gross negligence/willful misconduct

8.3 Indemnification

• Defend against third-party claims
• Coverage for intellectual property violations
• Notification and cooperation requirements

This survival clause remains effective post-termination.

9.2 Effects of Termination

• Immediate cessation of services
• Payment for work completed
• Return/destruction of confidential materials

9.3 Post-Termination

• Survival of key clauses (confidentiality, IP)
• Transition assistance at standard rates
• Data retention for 90 days post-termination

Early termination fees may apply for active projects.

10.2 Disclaimer

• No control over third-party services
• No warranty for compatibility/reliability
• Service changes may affect functionality

10.3 Compliance

• Your responsibility to maintain third-party accounts
• Adherence to platform-specific terms required
• Data handling governed by provider policies

Recommended to review third-party terms periodically.

11.2 Dispute Resolution

• Mandatory 30-day negotiation period
• Arbitration through Malawi Arbitration Act (Chapter 6:03)
• Venue in Lilongwe, Malawi
• Mediation through Malawi Mediation Service if required

11.3 Export Compliance

• Adherence to Malawi Customs and Excise Act
• Compliance with COMESA trade regulations
• Subject to Malawi's Controlled Goods Act
• Alignment with SADC trade protocols

Services not available in jurisdictions prohibited under Malawi's International Cooperation Act or UN Security Council sanctions.