1. General.

1.1 This Agreement governs your use of the Interactive Technology Ltd online information service (the "Service"), including any interactive areas (the "Interactive Areas"), which may be operated by Interactive Technology Ltd ("Interactive Technology Ltd"). In addition to the agreement set forth below, terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement together with any such additional terms and conditions, are referred to as the "Agreement."

1.2 Interactive Technology Ltd reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Interactive Technology Ltd as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service and any Interactive Areas.

2. Use of Content.

2.1 You acknowledge that the Service contains information, photographs, graphics, and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Interactive Technology Ltd or third parties. All Content on the Service is copyrighted as a collective work of Interactive Technology Ltd pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use.

2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. You may post on the Service any Content owned by you (such as your original statements, etc.), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to Interactive Technology Ltd the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Service. You represent and warrant that you are authorized to grant all rights given in the preceding sentence.

2.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Interactive Technology Ltd or the owners of such Content or their authorized persons, if other than Interactive Technology Ltd

3. Rules of Conduct.

You shall not post on the Service any Content which (a) is libellous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any External Sites (defined in section 5.2) that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join or use competitive online services, unless otherwise specified.

4. Managing Content.

Interactive Technology Ltd does not and cannot review the Content posted by users on the Service or posted by web sites linked to from Interactive Technology Ltd and is not responsible for such Content. However, Interactive Technology Ltd reserves the right to delete, move or edit any Content or web sites (including Content posted in any Interactive Area) that comes to the attention of Interactive Technology Ltd which it determines, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. Interactive Technology Ltd shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.

5. No Endorsement.

5.1 Interactive Technology Ltd does not represent or endorse the accuracy or reliability of any Content posted on any Interactive Area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users are the views of the user posting the statement, and do not necessarily represent the views of Interactive Technology Ltd

5.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that Interactive Technology Ltd is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

6. Indemnity.

You agree to indemnify, defend and hold Interactive Technology Ltd, its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Interactive Technology Ltd Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Interactive Technology Ltd Party in connection with any claim arising out of any use or alleged use of your password or online persona by any person, whether or not authorized by you. Interactive Technology Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Interactive Technology Ltd's defence of such claim.

7. Termination of Service.

Interactive Technology Ltd reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. Interactive Technology Ltd may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or content (including the Interactive Areas), without prior notice or liability.

EXPLANATION & TERMS:

By placing an order with Interactive Technology Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

The Client : The company or individual requesting the services of Interactive Technology Ltd.
Interactive Technology Ltd: Primary designer/site owner & employees or affiliates.

General

Interactive Technology Ltd will carry out work only where an agreement is provided either by email, telephone, mail or fax. Interactive Technology Ltd will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Interactive Technology Ltd and the client, this includes telephone and email agreements.

Web site Design

Whilst every endeavour will be made to ensure that the web site and any scripts or programs are free of errors, Interactive Technology Ltd cannot accept responsibility for any losses incurred due to malfunction, the web site or any part of it.

The web site, graphics and any programming code remain the property of Interactive Technology Ltd until all outstanding accounts are paid in full.

Any scripts, cgi applications, php /asp scripts, or software (unless specifically agreed) written by Interactive Technology Ltd remain the copyright of Interactive Technology Ltd and may only be commercially reproduced or resold with the express written permission of Interactive Technology Ltd.
Interactive Technology Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of Interactive Technology Ltd and where no charge is made by Interactive Technology Ltd for such additions, Interactive Technology Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Interactive Technology Ltd all materials required to complete the site to the agreed standard and within the set deadline.
Interactive Technology Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Interactive Technology Ltd will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Interactive Technology Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Interactive Technology Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 50% is required with any project before any design work will be carried out.
Once a web site has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Database, Application and E-Commerce Development

Interactive Technology Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications or software (unless specifically agreed) written by Interactive Technology Ltd remain the copyright of Interactive Technology Ltd and may only be commercially reproduced or resold with the permission of Interactive Technology Ltd.

Where applications or sites are developed on servers not recommended by Interactive Technology Ltd, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Interactive Technology Ltd before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Interactive Technology Ltd will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Compatibility

Interactive Technology Ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Interactive Technology Ltd can offer no guarantees of correct function with all browser software.

Interactive Technology Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise

Payment of Accounts

A deposit may be required from a new client before any work is carried out. It is the Interactive Technology Ltd policy that any outstanding accounts for work carried out by Interactive Technology Ltd or its affiliates are required to be paid in full upon completion of the Web Design Project unless by prior arrangement with Interactive Technology Ltd.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Interactive Technology Ltd have not been contacted regarding the delay, access to the related web site may be denied and web pages removed, we will then pass such cases to the Law Court, where non payment will result in court judgments being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

8.1 NEITHER Interactive Technology Ltd NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Interactive Technology Ltd, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF Interactive Technology Ltd, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER Interactive Technology Ltd NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES THAT MAY BE DOWNLOADED THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

8.2 NEITHER Interactive Technology Ltd, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Interactive Technology Ltd, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Miscellaneous.

This Agreement shall be construed in accordance with the laws of Kenya, and the parties irrevocably consent to bring any action to enforce this Agreement in the state courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted n the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. Sections 1, 2, 6, 8 and 9 shall survive any termination of this Agreement and any other provisions which by their terms or sense are intended to survive.