Terms of Service

Please read these terms carefully before using our services. These terms govern your use of Belvian Technologies' services.

Effective Date: March 15, 2024

Important Legal Notice

By accessing or using our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. These terms constitute a legally binding agreement between you and Belvian Technologies.

We recommend that you print or save a copy of these terms for your records.

Table of Contents

1
Acceptance of Terms
2
Description of Services
3
User Accounts & Registration
4
Acceptable Use Policy
5
Intellectual Property Rights
6
User Content & Responsibilities
7
Fees & Payment Terms
8
Term & Termination
9
Disclaimers & Limitations
10
Indemnification
11
Governing Law & Disputes
12
Changes to Terms
1

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications (collectively, the "Services") provided by Belvian Technologies ("we," "us," or "our").

1.1 Agreement to Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1.2 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

1.3 Additional Agreements

Certain Services may be subject to additional terms and conditions. We will provide these additional terms to you before you use the relevant Services, and they will become part of these Terms upon your acceptance.

2

Description of Services

Belvian Technologies provides comprehensive technology solutions including but not limited to:

2.1 Software Development

Custom software solutions, web applications, mobile applications, and enterprise software systems tailored to client requirements.

2.2 IT Consulting

Strategic technology advisory services, digital transformation consulting, and technical implementation guidance.

2.3 Cloud Solutions

Cloud infrastructure design, migration services, and cloud-based application development and management.

2.4 Support & Maintenance

Ongoing technical support, maintenance services, and system updates for deployed solutions.

3

User Accounts & Registration

3.1 Account Creation

To access certain Services, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading.

3.4 Multiple Accounts

Creating multiple accounts to circumvent service limitations or restrictions is strictly prohibited and may result in termination of all associated accounts.

4

Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are responsible for all activities conducted through your use of our Services.

Permitted Uses

  • Accessing and using our Services for your legitimate business purposes
  • Uploading and processing data for which you have appropriate rights and permissions
  • Using our Services in compliance with all applicable laws and regulations
  • Providing accurate information and maintaining the security of your account

Prohibited Activities

You agree not to use our Services to:

  • Violate any applicable law, regulation, or third-party rights
  • Distribute malware, viruses, or other harmful code
  • Attempt to gain unauthorized access to any systems or networks
  • Engage in any activity that interferes with or disrupts our Services
  • Use our Services for any illegal, fraudulent, or unauthorized purpose
  • Reverse engineer, decompile, or disassemble any software component of our Services
  • Scrape, crawl, or use automated means to access our Services without permission
  • Impersonate any person or entity or falsely state your affiliation
5

Intellectual Property Rights

5.1 Our Intellectual Property

All rights, title, and interest in and to our Services, including all software, technology, designs, and content, are and will remain the exclusive property of Belvian Technologies and its licensors. Our Services are protected by copyright, trademark, and other laws of both Zimbabwe and foreign countries.

5.2 Your Intellectual Property

You retain all rights, title, and interest in and to any data, information, or materials you provide or upload to our Services ("Your Content"). By uploading Your Content, you grant us a limited license to use, process, and store Your Content solely for the purpose of providing the Services to you.

5.3 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes during the term of your agreement with us.

5.4 Feedback

If you provide us with any feedback, suggestions, or ideas regarding our Services, you grant us an unlimited, irrevocable, perpetual license to use such feedback for any purpose without any obligation or compensation to you.

6

User Content & Responsibilities

6.1 Content Ownership

You are solely responsible for Your Content and the consequences of submitting it to our Services. You represent and warrant that you own or have the necessary rights to use and authorize us to use Your Content as contemplated by these Terms.

6.2 Content Restrictions

You agree not to upload, post, or transmit any Content that: (a) infringes any intellectual property rights; (b) contains viruses or malicious code; (c) is unlawful, defamatory, or obscene; (d) violates any privacy rights; or (e) contains sensitive personal information without proper consent.

6.3 Content Monitoring

While we are not obligated to monitor user content, we reserve the right to remove any content that violates these Terms or is otherwise objectionable in our sole discretion.

6.4 Backup Responsibility

You are solely responsible for maintaining appropriate backups of Your Content. We are not responsible for any loss or corruption of Your Content.

7

Fees & Payment Terms

7.1 Service Fees

Certain Services may require payment of fees. All fees are stated in United States Dollars (USD) or Zimbabwean Dollars (ZWL) as specified in your service agreement. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.

7.2 Payment Methods

We accept payment through bank transfer, credit/debit cards, and other payment methods as specified. For Zimbabwe-based clients, we also accept ZIG (Zimbabwe Gold) and other local currency payments as mutually agreed.

7.3 Billing Cycle

For recurring services, fees will be billed in advance on a monthly or annual basis as specified in your service agreement. One-time project fees may be billed according to mutually agreed milestones.

7.4 Late Payments

Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts with overdue payments.

7.5 Refunds

Refunds, if applicable, will be governed by the specific refund policy outlined in your service agreement. Generally, custom development services are non-refundable once work has commenced.

8

Term & Termination

8.1 Term

These Terms remain in effect while you use our Services. For paid services, the term will be as specified in your service agreement.

8.2 Termination by You

You may stop using our Services at any time. For paid services, termination procedures will be specified in your service agreement.

8.3 Termination by Us

We may suspend or terminate your access to our Services if you breach these Terms, fail to pay fees when due, or for any other reason at our sole discretion with reasonable notice.

8.4 Effect of Termination

Upon termination, your right to use our Services will immediately cease. We may delete Your Content within a reasonable period after termination.

8.5 Survival

Sections related to intellectual property, disclaimers, limitations of liability, indemnification, and governing law will survive termination of these Terms.

9

Disclaimers & Limitations

9.1 Service "As Is"

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 Availability

We do not guarantee that our Services will be uninterrupted, timely, secure, or error-free. We may perform maintenance and updates that may temporarily disrupt service availability.

9.3 Limitation of Liability

To the maximum extent permitted by law, Belvian Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

9.4 Maximum Liability

Our total liability to you for all claims arising out of or relating to these Terms or our Services shall not exceed the amount you paid us for the Services in the twelve (12) months preceding the claim.

9.5 Essential Basis

The limitations in this section are fundamental elements of the basis of the bargain between you and Belvian Technologies.

10

Indemnification

10.1 Your Indemnity

You agree to indemnify, defend, and hold harmless Belvian Technologies and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of our Services; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

10.2 Procedure

We will promptly notify you of any claim subject to indemnification. You will have the right to control the defense and settlement of such claim, provided that you may not settle any claim without our prior written consent if the settlement imposes any obligation on us.

11

Governing Law & Disputes

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Zimbabwe, without regard to its conflict of law principles.

11.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good faith negotiations between the parties. If negotiations fail, disputes shall be resolved through binding arbitration in Harare, Zimbabwe, in accordance with the Arbitration Act of Zimbabwe.

11.3 Class Action Waiver

You agree that any arbitration or proceeding shall be conducted in your individual capacity and not as a class action or other representative action.

11.4 Injunctive Relief

Notwithstanding the above, either party may seek injunctive or other equitable relief to protect its intellectual property rights or confidential information in any court of competent jurisdiction.

12

Changes to Terms

12.1 Modification Rights

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Effective Date" at the top of these Terms.

12.2 Your Acceptance

Your continued use of our Services after any modification to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue using our Services.

12.3 Material Changes

For material changes that affect your rights, we will make reasonable efforts to provide additional notice, such as via email or within the Services themselves.

Accept Terms of Service

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Questions About These Terms?

If you have any questions about these Terms of Service, please contact our legal team.

For service-related inquiries, please contact our support team at support@belviantechnologies.co.zw