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Terms & Conditions / Terms of Service

1. Introduction

Welcome to Seraph Cyber Ltd. (“Seraph Cyber,” “Company,” “we,” “us,” or “our”). These Terms of Service (“Agreement”) constitute a binding agreement between Seraph Cyber and you (“Client,” “you,” or “your”) and govern your use of our website, services, software, and related platforms (the “Services”).

By accessing or using the Services, you agree to these Terms. If you do not agree, you must not use the Services. You may only use the Services in compliance with all applicable laws and regulations.

You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use the Services. We may request proof of identity and reserve the right to deny access where such proof is not provided.

2. Scope of Services

Our Services include but are not limited to:

  • Penetration testing
  • Vulnerability assessments
  • Cybersecurity audits
  • Compliance support
  • Risk analysis and advisory

The Services may involve human-led, software-assisted, and AI-enabled processes. By engaging with the Services, you accept this Agreement to the exclusion of all other terms.

3. Licence

We grant you a non-exclusive, limited, non-transferable, revocable licence to use the Services strictly for your internal business purposes. You may not:

  • Share access with third parties without consent
  • Copy, sell, sublicense, reverse-engineer, or tamper with the Services
  • Circumvent security measures
  • Alter or falsify Deliverables (reports, assessments, or recommendations)

All rights not expressly granted remain with Seraph Cyber.

4. Accounts

To access some features, you may need to create an account. You must provide accurate and updated information. You are responsible for safeguarding your credentials and all activity under your account.

5. Service Rules

You agree not to:

  • Interfere with or disrupt the Services
  • Upload malware, viruses, or harmful code
  • Conduct unauthorised penetration testing on our platforms
  • Misuse client data, engage in fraud, or impersonate others

We may suspend or terminate access if you violate these rules.

6. Proprietary Rights & Deliverables

All intellectual property in the Services remains the property of Seraph Cyber or its licensors.

Upon full payment of fees, you are granted a perpetual, worldwide, royalty-free licence to use Deliverables (e.g., reports) for your internal business purposes. Deliverables must not be altered or falsified.

You retain ownership of your own data and materials but grant us a limited licence to process them solely to provide the Services.

7. Payment & Fees

  • Fees: Services may be billed as one-time, subscription, or project-based. Unless agreed otherwise, 20% of the total fee is payable upfront before work begins.
  • Due Dates: Fees must be paid in advance or within 5 business days of invoice.
  • Late Payment: Overdue amounts may accrue a 2% monthly late fee.
  • Taxes: Fees are exclusive of applicable taxes. Clients are responsible for Kenya VAT and any withholding taxes.
  • Refunds: Fees are non-refundable except where required by law.

8. Privacy & Data Protection

We process personal data in compliance with the Kenya Data Protection Act, 2019 and the Data Protection (General) Regulations, 2021. For international engagements, we may also implement safeguards aligned with GDPR. See our Privacy Policy for details.

9. Confidentiality

Each party may share confidential information with the other. Both parties agree to use such information only for the purpose of performing under this Agreement and to maintain its confidentiality, except as required by law.

10. Security Disclaimer

We employ industry-standard security measures. However, no system is completely secure, and cybersecurity testing may expose vulnerabilities or cause temporary disruptions. By requesting such services, you acknowledge and accept these risks.

11. Representations & Warranties

  • Client Warranties: You confirm that you have the right to engage us, that your data and systems comply with applicable laws, and that your use of the Services will not infringe third-party rights.
  • Company Warranties: We warrant that our Services will materially conform to written descriptions. We do not warrant that all cyber threats will be detected or prevented.

12. Indemnity

  • Client Indemnity: You agree to indemnify Seraph Cyber against claims, losses, or damages arising from your misuse of the Services or breach of this Agreement.
  • Company Indemnity: We will indemnify you against third-party claims that our Services (as delivered) infringe intellectual property rights.

13. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, or consequential damages (including lost profits, lost data, or reputational harm).
  • Our total liability will not exceed the amount paid by you to Seraph Cyber in the 12 months prior to the claim.

14. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the Republic of Kenya.

  • Parties shall first attempt good-faith negotiation within 30 days of notice.
  • Unresolved disputes shall be referred to arbitration in Nairobi under the Kenya Arbitration Act, 1995.
  • The tribunal shall consist of one arbitrator, appointed by agreement or by the Chair of the Chartered Institute of Arbitrators (Kenya Branch).
  • The language shall be English.

15. Term & Termination

This Agreement remains effective during the paid term of Services. Either party may terminate with 30 days’ written notice for material breach.

Upon termination, outstanding fees remain due, and clauses relating to confidentiality, indemnity, liability limits, and dispute resolution survive.

16. Updates

We may update these Terms periodically. Continued use of the Services after updates constitutes acceptance.

17. Contact

Seraph Cyber Ltd.
Nairobi, Kenya
info@seraphcyber.com
www.seraphcyber.com