Terms of Service

1. Introduction & Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of hatuadigital.com (the "Website"). By clicking "Accept," logging in, or simply using the Website, you confirm that you have read, understood, and agree to be legally bound by these Terms.

We reserve the right to modify these Terms at any time. We'll notify you of significant changes via email or a notice on the Website. Continued use after changes means you accept the new Terms.

2. User Eligibility

You must be at least 13 years old to use Ubunexa technologies. If you are under 18, you may use our services only with the involvement of a parent or legal guardian who agrees to these Terms.

3. Your Account and Security

You may create an account on Ubunexa technologies to access certain features, such as courses and certificates. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. Please notify us immediately of any unauthorized use or security breach.

4. Acceptable Use Policy & Prohibited Conduct

You agree to use Ubunexa technologies only for its intended educational and lawful purposes. Simply put: Be a good community member.

You MUST NOT engage in the following activities:

• Illegal Acts: Violating any applicable law or regulation.
• Harming Others:Exploiting, stalking, harassing, or interfering with any other user's experience.
• Toxic Content:Posting defamatory, hateful, abusive, obscene, or threatening content in any community section.
• Intellectual Property Theft:Uploading content, code, or materials that you do not own or have the right to use (infringement).
• Security Attacks:Attempting to gain unauthorized access to our systems, data, or accounts (e.g., hacking, scraping, transmitting viruses).
• Spam/Mass Marketing:Using any feature for unsolicited mass communications, advertising, or chain letters.

5. Courses & Certification

Enrollment in a Ubunexa technologies course grants you a personal, non-transferable license to access the course materials. Certificates of completion are issued only upon fulfilling course requirements.

Certificates are for informational and professional development purposes only, and do not imply official accreditation or a degree unless explicitly stated.

6. Your Content & Community Rules

You may post comments on blogs and course sections. By doing so, you grant Ubunexa technologies a non-exclusive license to use, display, and distribute your content on our platform. You must not post spam, offensive, or unlawful content. We reserve the right to moderate, edit, or remove any content at our discretion.

7. Communications (Newsletter)

By subscribing to our newsletter, you agree to receive updates, articles, and promotional materials from Ubunexa technologies. You can unsubscribe at any time using the link provided in the emails. We will not sell or share your email address with third parties without your explicit consent.

8. Pricing, Payments, & Refunds

Certain courses, services, or digital products may require payment. Payments are processed securely via third-party providers. Unless otherwise stated, all sales are final. Refunds may be issued only at our discretion, typically within a short window if requested before significant course access has occurred.

9. Intellectual Property Rights

The Website and its content—including text, graphics, logos, images, videos, and software—are the exclusive property of Ubunexa technologies or its licensors, protected by global intellectual property laws. You may not reproduce or distribute any content without written permission. Any materials you submit grant us a license to use them (as outlined in section 6).

10. Suspension & Termination

We may suspend or terminate your account or access to Ubunexa technologies immediately if you violate these Terms, engage in illegal activity, or misuse our services. We will make reasonable efforts to notify you, but in urgent cases (e.g., security threat), termination may occur without prior notice.

11. No Warranty ("As Is" Basis)

Our Website and all services, including courses and content, are provided to you "AS IS" and "AS AVAILABLE," without any warranties of any kind, either express or implied.

This means we do not guarantee:

• That the service will be uninterrupted, error-free, or secure at all times.
• That the content or course results will meet your specific expectations or needs.

12. Limitation of Liability

To the maximum extent permitted by law, Ubunexa technologies shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Website or services. Our liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us for the service.

13. Governing Law (Kenya)

These Terms are governed by the laws of Kenya. Users outside Kenya retain their local mandatory consumer protection rights where applicable. Disputes shall be subject to the jurisdiction of the courts of Kenya.

14. Payments, Deposits & Refund Policy

Because Ubunexa technologies engineers custom software and digital assets from scratch, our payment and refund policies are structured to protect the time and resources allocated to your project.

• 1. Initial Deposits: To initialize a custom development project, a 40% upfront deposit is required. This deposit reserves your slot in our development queue and covers initial architecture planning.
• 2. Non-Refundable Nature: Once development, database architecture, or coding has commenced, the 40% initial deposit becomes strictly non-refundable. This acts as a cancellation fee to cover the labor hours already invested.
• 3. Grace Period: If you request a cancellation in writing before any development work or scoping has begun (typically within 48 hours of payment), we may issue a full refund, minus any payment gateway processing fees.
• 4. Client Unresponsiveness (Ghosting): Web development is a collaborative process. If a client fails to provide necessary assets (logos, copy, approvals) or remains unresponsive for 30 consecutive days, the project will be classified as abandoned. The project will be suspended, and any deposits paid will be forfeit. Reactivating an abandoned project will require a new agreement and a rescheduling fee.
• 5. Final Balance: The remaining 60% balance is strictly due upon project completion and before the final handover of source code and administrative credentials.

15. Dispute Resolution & Arbitration

Disputes will first be resolved through good-faith negotiation. If unresolved, disputes shall be referred to binding arbitration under the Chartered Institute of Arbitrators (Kenya Branch) or a mutually agreed ADR provider. Arbitration may take place online for international users.

16. Entire Agreement

These Terms constitute the entire agreement between you and Ubunexa technologies regarding your use of our Website and services, superseding all prior agreements.