Terms & Conditions
1. CREDIT TERMS AND CONDITIONS
Cybernaptics Kenya Ltd (“We,” “Our,” “Us,”) defines the relationship between itself and the Successful Credit Applicant (“You” “Your” “Purchaser” or “SCA”) through this Credit Terms and Conditions and the conditions provided under the Invoice.
2. LIABILITY AND INDEMNITY
2.1 Nothing in this Agreement shall exclude or restrict either Party’s liability for
2.1.1 Fraud, misrepresentation, or misinformation
2.1.2 Death or personal injury resulting from the negligence of a Party or its employees while acting in the course of their employment; or
2.1.3 any other liability that cannot be limited or excluded by law
2.2 Cybernaptics Kenya Ltd shall not be liable for
2.2.1 loss of profits
2.2.2 loss of business
2.2.3 loss of contract
2.2.4 loss of anticipated savings
2.2.5 loss of production
2.2.6 loss of or corruption to data; or
2.2.7 any special, indirect, or consequential loss or damage whatsoever
2.3 You will indemnify and keep Cybernaptics Kenya Ltd indemnified fully in respect of and in connection with:
3. INVOICING AND INTEREST
If Cybernaptics Kenya Ltd issues SCA with an invoice for purposes of making payment under this CTC and fail to make such payment as per the invoice, SCA will pay interest on the overdue sum from the due date until payment of the overdue sum whether before or after judgment.
3.1 The applicable interest rate of 2.5% per month will accrue each day upon failure to make the whole payment within the payment period as per invoice.
3.2We reserve the right to determine the applicable Foreign Exchange Rates that will not be below the Central Bank ’s or Reserve Bank’s daily rates but may be slightly higher based on the best rates that a regulated Foreign Exchange may offer Cybernaptics Kenya Ltd.
3.3 The SCA is liable for all bank charges in any form or model transaction taking place pertaining to an order made or cancelled.
4. PAYMENT POST NOTICE PERIOD
We will be biased when factoring in the currency fluctuation. If inflation devalues the currency, we will factor in inflation before determining the amount to bill including the applicable interest rates.
If there is deflation, the billable amount during the notice period will remain as is and all applicable interest rates will be applied.
5. LIQUIDATED DAMAGES
In addition to any other available remedies, Cybernaptics Kenya Ltd may seek remedies like injunctions, specific performance, or other equitable relief for any actual or threatened breach of this agreement by You. Damages alone are deemed insufficient to address such breaches.
6. CONFIDENTIALITY
Throughout this agreement and for five years after its termination, You commit to not disclosing any confidential information about Our business, customers, clients, suppliers, or affiliated companies, except as allowed.
7. DATA PROTECTION
We collect information for various purposes, including but not limited to processing the intended relationship, marketing, fulfilling CTC provisions, seeking legal counsel, taking legal action, conducting investigations, processing payments, collaborating with auditors, exchanging data with affiliated companies, and engaging Credit Reference Bureaus, as per applicable data protection laws.
