By accessing or using Novyrix ("the Service", "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service, including but not limited to clients, administrators, and any other parties utilizing our software development, workflow automation, or related services.
Novyrix provides custom software development, workflow automation, and technology consulting services. Our services include:
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.
To access certain features of the Service, you must register for an account. When you register, you agree to:
We reserve the right to suspend or terminate your account if any information provided is inaccurate, not current, or incomplete, or if you violate these Terms.
4.1 Quotation Process: Quotations provided through our platform are estimates based on the information you provide. Final pricing may vary based on project scope, complexity, and requirements discovered during project analysis.
4.2 Acceptance: A binding contract is formed only when both parties sign a formal project agreement or statement of work. Online quotations and calculator results are for estimation purposes only.
4.3 Scope Changes: Any changes to project scope, requirements, or deliverables may result in adjusted timelines and pricing. Change requests must be submitted in writing and approved by both parties.
4.4 Timeline: Project timelines are estimates and may be adjusted due to unforeseen circumstances, scope changes, or delays in receiving necessary information or approvals from clients.
5.1 Pricing: All prices are quoted in Kenyan Shillings (KES) unless otherwise specified. Prices are subject to change with 30 days notice.
5.2 Payment Schedule: Payment terms will be specified in individual project agreements. Typical payment schedules include:
5.3 Late Payments: Payments not received within 14 days of the due date may incur a late fee of 2% per month. We reserve the right to suspend work until payment is received.
5.4 Refunds: Deposit payments are non-refundable once work has commenced. Refunds for incomplete work will be calculated based on work completed and expenses incurred.
5.5 Taxes: All prices are exclusive of applicable taxes unless stated otherwise. You are responsible for all applicable taxes, duties, and government fees.
6.1 Ownership Transfer: Upon full payment, intellectual property rights for custom-developed software and deliverables transfer to the client, unless otherwise specified in the project agreement.
6.2 Pre-existing Materials: Novyrix retains all rights to pre-existing frameworks, libraries, tools, and methodologies used in project delivery. Clients receive a license to use these components as part of the delivered solution.
6.3 Third-party Components: Delivered solutions may include third-party libraries and components subject to their respective licenses. Clients must comply with all applicable third-party licenses.
6.4 Portfolio Rights: Novyrix reserves the right to use completed projects in our portfolio, marketing materials, and case studies, unless confidentiality is specifically required by agreement.
Both parties agree to maintain confidentiality of proprietary information shared during the course of engagement. This includes:
Confidentiality obligations survive the termination of the engagement and remain in effect for 3 years unless a separate non-disclosure agreement specifies otherwise.
8.1 Service Warranty: We warrant that services will be performed in a professional manner consistent with industry standards. Software will function substantially as described in specifications.
8.2 Disclaimer: EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.3 No Guarantee: We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected outside of warranty periods.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVYRIX SHALL NOT BE LIABLE FOR:
Our total liability shall not exceed the amount paid by you for the specific service giving rise to the claim during the 12 months preceding the claim.
You agree to indemnify, defend, and hold harmless Novyrix, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content or information you provide through the Service.
11.1 Warranty Support: Bug fixes and corrections for issues in delivered software are provided during the warranty period as specified in the project agreement (typically 30-90 days after delivery).
11.2 Ongoing Support: Continued support and maintenance beyond the warranty period requires a separate support agreement or care plan.
11.3 Response Times: Support response times and availability will be specified in individual support agreements.
12.1 By Client: You may terminate your account at any time. Termination of ongoing projects requires written notice and payment for work completed.
12.2 By Novyrix: We may terminate or suspend your account immediately if you breach these Terms, fail to make required payments, or engage in fraudulent or illegal activities.
12.3 Effect of Termination: Upon termination:
You may not use the Service to:
These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to conflict of law provisions.
Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through arbitration in Nairobi, Kenya, under the rules of the Chartered Institute of Arbitrators (Kenya).
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms.
It is your responsibility to review these Terms periodically. The "Last Updated" date at the top of this page indicates when these Terms were last revised.
If you have any questions about these Terms, please contact us:
Email: legal@novyrix.com
Website: https://novyrix.com
Address: Nairobi, Kenya
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
These Terms, together with any project agreements, statements of work, and our Privacy Policy, constitute the entire agreement between you and Novyrix regarding the Service and supersede all prior agreements and understandings.