This Terms of Service (TOS) outlines the terms and conditions governing the relationship between Kawande Group Ltd. (“Kawande Group”) and the Customer for the services provided by Kawande Group. By accepting these terms, the Customer agrees to be bound by them. This agreement takes effect upon the Customer’s first purchase of services from Kawande Group. Any violation of this agreement constitutes a breach of contract.

By acknowledging and agreeing to these terms during the inquiry and purchase process, the Customer legally accepts and agrees to the following:

1. SERVICE DELIVERY:

Kawande Group will provide business support services with reasonable care and skill, following industry standards for virtual assistant services. A detailed “Work Order” will be created for each project, outlining the scope of services, delivery timelines, and payment terms. The Customer must electronically agree to the Work Order and complete payment as scheduled before services commence. Kawande Group may assign employees or subcontractors to provide services, at its discretion, based on the project’s requirements.

2. CUSTOMER RESPONSIBILITIES

Supervision and Accountability
The Customer is responsible for overseeing the Kawande Group assistant’s work. While Kawande Group provides quality and supervisory staff, the Customer bears ultimate responsibility for decisions made by the assistant on their behalf.

Credential Security
The Customer is responsible for safeguarding any credentials shared with the Kawande Group assistant. Implement appropriate security measures, such as role-based access restrictions and limiting information visibility.

Prohibited Activities
The Customer cannot use the Kawande Group assistant for illegal or immoral activities, including unauthorized access to the assistant’s services.

Copyright Compliance
If the Customer requests the assistant to use copyrighted content or images, they must ensure proper licensing and permissions are in place.

Data Handling
The Customer is responsible for informing Kawande Group about the confidentiality and handling of any information shared during the project. Kawande Group will take reasonable measures to protect this information.

Legal Compliance
The Customer is responsible for obtaining necessary consents from individuals whose information is disclosed to Kawande Group, ensuring compliance with applicable laws like GDPR or CCPA. Kawande Group is not liable for any breaches arising from the Customer’s failure to obtain these consents.

3. TERM AND TERMINATION

This TOS takes effect upon the Customer’s acceptance on the website and remains valid until the completion of the engagement or termination by either party.

Termination by Customer
The Customer may terminate the engagement early if dissatisfied with Kawande Group’s services or for other business reasons. All subscription engagements require a 30-day prior notice. Please refer to Clauses 5 and 6 for service warranty and refund policy.

Termination by Kawande Group
Kawande Group reserves the right to terminate the engagement without notice under the following conditions:

Abusive or Unprofessional Behavior: If the Customer engages in abusive or unprofessional behavior.

Unethical or Illegitimate Projects: If Kawande Group believes the project is unethical, illegitimate, or violates applicable laws.

4. PAYMENT

The Customer will pay project fees according to the schedule and payment terms outlined in the Work Order. If payments are delayed by more than five business days, Kawande Group may withhold further deliverables, including source code or intellectual property, until the payment is received.

5. SERVICE WARRANTY

Kawande Group is committed to delivering quality work and will make reasonable efforts to do so. However, the warranty is on a “best-effort” basis, and Kawande Group is not responsible for failures caused by factors beyond its control. All information provided is based on publicly available online sources and is not guaranteed.

6. REFUND POLICY

In case of service deficiencies, Kawande Group will strive to rectify the issue through revisions or changes to the assistant. If these measures do not satisfy the Customer, Kawande Group will offer a refund for unused hours or allow the Customer to use those hours for other support services. More details here

7. CUSTOMER FEEDBACK

Kawande Group values customer feedback and will periodically send out surveys to gather insights and improve service quality.

8. CONFIDENTIALITY AND NON-DISCLOSURE

Definition of Confidential Information
“Confidential Information” refers to any non-public information related to the business, products, services, research and development, or personal information that: 1):  Derives economic value from its secrecy. 2): Is subject to reasonable efforts to maintain its secrecy. 3): Is explicitly identified as confidential or proprietary.

Confidential Information does not include:
1): Information that becomes publicly known through no fault of Kawande Group. 2): Information known to Kawande Group prior to disclosure. 3): Information lawfully obtained by Kawande Group without violating this TOS. 4): Information independently developed by Kawande Group without using the Customer’s information. 5): Information rightfully possessed by Kawande Group without confidentiality obligations. 6): Information not marked as confidential by the Customer. 7): Information disclosed by Kawande Group due to legal requirements or to protect its rights or property.

Non-Use and Non-Disclosure
For five years after the termination of this TOS, both parties must maintain strict confidentiality of Confidential Information and use reasonable precautions to protect its secrecy. Kawande Group may only use Confidential Information as necessary to perform the Services. Disclosure of Confidential Information to third parties requires the Customer’s prior written consent on a need-to-know basis.

9. DATA PRIVACY AND SECURITY

Kawande Group is committed to protecting your personal data. We comply with all applicable laws and regulations regarding data privacy and security, including ISO 27001:2013 and the General Data Protection Regulation (GDPR). For more information on how Kawande Group collects and uses your personal data, please refer to our Privacy Policy: https://kawandegroup.com/privacy-policy

10. SENSITIVE DATA RETENTION

Kawande Group will take reasonable measures to ensure the security and protection of all Customer materials in its possession or control, including deliverables, confidential information, and property. The Customer is responsible for informing Kawande Group about any sensitive or confidential information or intellectual property shared during the project. Kawande Group will follow any specific instructions provided by the Customer for handling such information. All intellectual property-related and sensitive information shared by the Customer, such as login credentials and source code, will be deleted within 10 days of project closure, unless the Customer requests otherwise. Kawande Group recommends changing all credentials provided to assistants after the project is complete.

11. CUSTOMER INDEMNIFICATION

The Customer agrees to indemnify and hold Kawande Group, its affiliates, subsidiaries, directors, officers, employees, and representatives harmless from any third-party claims, damages, losses, liabilities, causes of action, or injuries, including costs and expenses, arising from: a): The Customer’s negligence, willful misconduct, or breach of this TOS. b): The Customer’s failure to comply with Kawande Group’s Privacy Statement or TOS. c): The Customer’s unauthorized use of licensed products or hardware, leading to third-party intellectual property infringement. d): The gross negligence or intentional misconduct of the Customer, its affiliates, employees, contractors, or other personnel.

12. LIMITATION OF LIABILITY

Kawande Group shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from the services provided or this TOS. Kawande Group’s liability for any breach of this Agreement is limited to the fees received from the Customer for the applicable Work Order during the three months preceding the date the damages were incurred.

13. PUBLICITY

Neither party may use the other party’s name or marks, or refer to or identify the other party, without the prior written consent of the other party, except as expressly permitted in this agreement. Any such approval will not be unreasonably withheld or delayed.

14. GENERAL PROVISIONS

Independent Contractor
Kawande Group is, and will remain, an independent contractor in its relationship with the Customer. This TOS does not create a partnership, joint venture, or employment contract between the parties.

Additional Documentation
If any additional Terms of Service or Work Orders are necessary to fulfill this agreement, both parties agree to execute them as needed.

Force Majeure
Kawande Group will not be liable for delayed or prevented performance due to events beyond its control and without its fault or negligence. This includes, but is not limited to, acts of God, war, terrorism, governmental actions, severe weather, civil disorders, natural disasters, fire, pandemics, quarantines, and general strikes in Uganda.

Severability
If any provision of this TOS is held to be unenforceable, the remaining provisions will remain in full force and effect.

Governing Law and Jurisdiction
This TOS is governed by and construed in accordance with the laws of the Republic of Uganda, excluding its conflict-of-law provisions. Disputes will be submitted to the exclusive jurisdiction of the courts of Uganda.

Dispute Resolution
Any disputes arising from this TOS will be attempted to be settled through negotiations between the heads of the respective organizations. If a settlement is not reached within 30 days, mediation will be pursued with a mutually acceptable mediator. Each party will bear its own mediation costs. The arbitration will be conducted in English by a single arbitrator in Kampala, Uganda. The arbitration award will be binding on both parties.

Entire Agreement
This TOS constitutes the entire agreement between the Customer and Kawande Group and supersedes all prior agreements or representations.

Waiver
Failure to enforce any provision of this TOS on one occasion does not constitute a continuing waiver. Waivers must be made in writing and signed by the waiving party.

Amendment
Kawande Group may amend these Terms and Conditions without prior written notice.

Notices
All notices required or permitted by this TOS shall be in writing and considered delivered when sent by: Courier service, Email (for Kawande Group: complaint@kawandegroup.com), Confirmed facsimile, Registered or certified mail (return receipt requested), and Delivery by mail is considered effective 5 business days after mailing in accordance with this section.

Signatures
This document is an electronic record under the Information Technology Act, 2000, and does not require physical or digital signatures.