**Terms of Service for Assisted Purchase and Configuration Services** _Last Updated: \[29th September 2024\]_ These Terms of Service ("Terms") govern your use of services provided by **NESTICT INFOTECH** (referred to as "we," "us," or "our"), a company registered in Kenya under registration number **BN-ZMCQKK8**. By engaging our services, you agree to be bound by these Terms. Please read them carefully. --- ### 1\. **Services Offered** We provide the following services: - **Assisted Purchase (Product/Service Sourcing)**\: We assist clients in acquiring products or services from vendors. - **Product Configuration/Setup**\: We provide configuration or setup services for products purchased. ### 2\. **Assisted Purchase (Product/Service Sourcing)** 2\.1 **Fee Structure**\: - A service fee of **15% of the agreed total amount** for the product or service after bargaining is charged. - This fee **excludes shipping and any configuration/setup services**, which are charged separately. 2\.2 **Vendor Relationships**\: - We act solely as an intermediary between you and the vendor. - You are responsible for all transactions, agreements, and interactions with the vendor, including payment for the product or service. 2\.3 **Shipping**\: - Shipping and logistics arrangements, including costs, are the responsibility of the client unless specifically included in a separate agreement. - We are not responsible for delays or issues related to shipping. 2\.4 **No Liability for Vendor Performance**\: - We are not responsible for any issues, defects, or non-performance of the product or service sourced from the vendor. - Warranty claims and other product/service issues should be addressed directly with the vendor. ### 3\. **Configuration/Setup Services** 3\.1 **Separate Contract for Configuration/Setup**\: - Any configuration or setup of a product purchased through us creates a **new contract**. - Fees for configuration/setup are **payable according to the agreed work schedule** as outlined in the contract. 3\.2 **No Warranty Liability**\: - We are **not liable for any warranty breach** that may arise as a result of the configuration or setup of the product. - Any warranty claims remain between you and the product vendor. ### 4\. **Payment Terms** 4\.1 **Payment Due**\: - The 15% service fee for assisted purchase is due upon the successful negotiation of the product or service price with the vendor, and **must be paid before the transaction is completed**. 4\.2 **Configuration/Setup Payments**\: - Payments for configuration or setup services are to be made as per the agreed schedule and terms set forth in the configuration contract. 4\.3 **Late Payments**\: - Late payments may incur penalties, interest charges, or suspension of services as outlined in the individual contracts. ### 5\. **Limitations of Liability** 5\.1 **No Guarantee of Product Quality or Vendor Performance**\: - We do not guarantee the quality, functionality, or suitability of the products or services sourced from third-party vendors. 5\.2 **Liability Cap**\: - In no event shall our total liability exceed the fees paid by you for our services. 5\.3 **Indemnification**\: - You agree to indemnify and hold us harmless from any claims, damages, or losses arising from the use or performance of any product or service sourced or configured by us. ### 6\. **Dispute Resolution** 6\.1 **Governing Law**\: - These Terms are governed by and construed in accordance with the laws of **Kenya**, without regard to its conflict of laws principles. 6\.2 **Arbitration**\: - Any dispute arising under these Terms shall be resolved through binding arbitration in accordance with the rules of \[Kenyan Institution\], to be conducted in **Mombasa, Kenya**. --- **By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms of Service.**