Terms & Conditions

1. Introduction

Welcome to fbien.com ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website, services, and custom Order Management Systems (OMS) designed for water delivery operators in Kenya.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Services Offered

fbien provides the following services:

• Custom Order Management Systems: Tailored OMS platforms for water delivery businesses including POS, inventory management, rider tracking, and customer portals
• SOP Builder: Tools and templates for creating Standard Operating Procedures
• Business Consulting: Operational audits, process optimization, and scaling strategies
• Training & Support: Staff training, documentation, and ongoing technical support
• Content & Resources: Educational content on business operations, systems, and best practices

3. Account Registration & Access

3.1 Account Creation

To access certain features of our services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities under your account

3.2 User Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

4. Pricing & Payment Terms

4.1 Pricing

Our services are offered at the prices listed on our website or in custom quotations. Prices are subject to change with 30 days' notice. Current pricing includes:

• Setup Fees: One-time fees for system deployment, training, and customization (typically KES 120,000 - 180,000)
• Monthly Subscriptions: Recurring fees for hosting, support, and updates (starting at KES 20,000/month)
• Custom Development: Additional features or integrations quoted separately

4.2 Payment Terms

• Setup fees are due upon project commencement unless otherwise agreed in writing
• Monthly subscriptions are billed in advance on the 1st of each month
• Payments can be made via M-Pesa, bank transfer, or other approved methods
• Late payments may incur a 5% monthly penalty
• Services may be suspended for accounts more than 7 days overdue

4.3 Refunds

Setup fees are non-refundable once development has commenced. Monthly subscription fees are non-refundable but you may cancel at any time with 30 days' notice.

5. Service Level & Support

5.1 System Availability

We strive to maintain 99.5% uptime for our hosted services. Scheduled maintenance will be announced at least 48 hours in advance. We are not liable for downtime caused by factors beyond our control.

5.2 Support

• Standard Plan: Email and WhatsApp support during business hours (9 AM - 6 PM EAT, Monday - Friday)
• Premium Plan: Priority support with 4-hour response time
• Enterprise Plan: Dedicated support with 1-hour response time

5.3 Updates & Maintenance

We regularly update our systems with bug fixes, security patches, and new features. Major updates will be communicated in advance. Your subscription includes all standard updates at no additional cost.

6. Intellectual Property

6.1 Our Property

All content, features, and functionality of our services, including but not limited to software, code, designs, text, graphics, logos, and trademarks, are owned by fbien or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 Your Data

You retain all rights to the data you input into our systems. We claim no ownership over your business data, customer information, or content. However, you grant us a license to use, store, and process your data solely for the purpose of providing our services.

6.3 Custom Development

For custom-built systems, you receive a perpetual, non-exclusive license to use the software. The underlying code and architecture remain our intellectual property, but you have full rights to use and operate your customized system.

7. User Responsibilities

You agree to:

• Use our services only for lawful purposes and in accordance with these Terms
• Not attempt to gain unauthorized access to our systems or other users' accounts
• Not use our services to transmit malicious code, spam, or harmful content
• Not reverse engineer, decompile, or attempt to extract source code from our software
• Not resell, redistribute, or sublicense our services without written permission
• Comply with all applicable laws and regulations, including data protection laws
• Maintain appropriate security measures for your account and data

8. Data Protection & Privacy

Our collection, use, and protection of your personal information is governed by our Privacy Policy. By using our services, you consent to our data practices as described in the Privacy Policy.

Key points:

• We comply with the Kenya Data Protection Act, 2019 and GDPR principles
• Your data is stored securely and encrypted in transit and at rest
• We do not sell or share your data with third parties except as necessary to provide services
• You have rights to access, correct, and delete your personal data

9. Limitation of Liability

To the maximum extent permitted by law, fbien shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from unauthorized access to or alteration of your data
• Damages resulting from your failure to maintain data backups
• Service interruptions, errors, or delays beyond our reasonable control

Our total liability for any claim arising from these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Warranties

10.1 Service Warranty

We warrant that our services will perform substantially as described in our documentation. If services do not meet this warranty, we will use reasonable efforts to correct the issue.

10.2 Disclaimer

Except as expressly stated, our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

11. Termination & Cancellation

11.1 Termination by You

You may cancel your subscription at any time by providing 30 days' written notice. You will continue to have access to services until the end of your paid period. No refunds will be provided for partial months.

11.2 Termination by Us

We may suspend or terminate your access to our services if:

• You breach these Terms
• Your account is more than 14 days overdue on payment
• You engage in fraudulent, abusive, or illegal activities
• We are required to do so by law or regulatory authority

11.3 Effect of Termination

Upon termination:

• Your access to services will be immediately revoked
• You will have 30 days to export your data before it is deleted
• All outstanding fees become immediately due
• Provisions that by their nature should survive termination will remain in effect

12. Indemnification

You agree to indemnify, defend, and hold harmless fbien, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use or misuse of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

13. Dispute Resolution

13.1 Informal Resolution

If you have a dispute with us, please contact us first at hello@fbien.com. We will attempt to resolve the issue informally within 30 days.

13.2 Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the Arbitration Act of Kenya. The arbitration shall take place in Nairobi, Kenya.

13.3 Governing Law

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

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email to your registered email address
• Displaying a notice in your account dashboard

Your continued use of our services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using our services and cancel your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any custom agreements, constitute the entire agreement between you and fbien regarding our services.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16. Contact Information