Welcome, and thank you for your interest in MOSANIY (“MOSANIY,” “we,” or “us”) and our website at Mosaniy.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, our “Service”). These Terms of Service are a legally binding contract between you and MOSANIY regarding your use of our Services.

Please read the following terms carefully

BY CLICKING “I ACCEPT,”OR ACCEPTING TO WORK WITH US OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING OUR SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF OUR SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MOSANIY’S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES MOSANIY MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use our Services. YOUR USE OF OUR SERVICES, AND MOSANIY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY MOSANIY AND BY YOU TO BE BOUND BY THESE TERMS.

Please read the MOSANIY Privacy Policy in depth as well as in a clear manner at: (https://mosaniy.com/privacy-policy) and understand carefully for information relating to our collection, use, storage, disclosure of your personal information. The MOSANIY Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Arbitration notice

You agree that disputes arising under these Terms Of Service will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MOSANIY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR COURT OF LAW TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

1.MOSANIY Service Overview

MOSANIY is a consultancy house that offers Integrated Solutions. We empower you to discover enchanting possibilities that leave you inspired. MOSANIY offers Business Consultancy, Design Consultancy, Workplace solutions such as MOSANIY Scribe, MOSANIY Digiwork and MOSANIY Delux. Our emphasis is on providing you with the very best possible service, leading you through training and delivering forward thinking approaches. We bring expertise and experience you may be lacking, or complementary skills to help you grow your business enterprise.

2.Eligibility

You must be at least [18] years old to use our Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from using our Service; and (c) your registration and your use of our Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.

3.Service Registration

To access most of our services you must get in touch with us through the contact us page so that we may begin the process of working together. During our interactions via email, video chat or other recommenced communication channel, you will be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of the personal information you send to us by not sharing it with any other third party or anyone claiming to be working on our behalf. Information sharing should be between YOU (“The Client”) and The PRIMARY SERVICE PROVIDER (“MOSANIY”). For more information get in touch with us at hello@mosaniy.com

4.General Payment Terms

MOSANIY provides a robust selection of pricing offerings suited to diverse products and services tailored to meet your preferences. Work in an elegant way and realize your dreams. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. For Local Customers in Kenya the service fees will be charged in Kenyan Shillings while For International Customers the service fees will be U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.

 4.1 Price

MOSANIY reserves the right to determine pricing for the Service. MOSANIY will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: https://mosaniy.com/pricing. MOSANIY may change the fees for any feature of the Service, including additional fees or charges, also if you are a customer then MOSANIY will give you advance notice of changes before they apply. MOSANIY, at its sole discretion, may make promotional offers with different features and different pricing to any of MOSANIY’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.2 Authorization

You authorize MOSANIY to charge all sums for the orders that you make and any level of Service you select as described in these Terms published by MOSANIY, to the payment method specified as per your interactions with MOSANIY’s customer relations. When making payments MOSANIY only accepts Paypal payments or M-PESA for International customers and M-PESA Payments for Kenyan Customers. MOSANIY does not accept credit card payments until further notice.

4.3 Payment Channels

For Paypal Payments the MOSANIY will provide you with the appropriate payment email.

For M-PESA Payments transactions the Business Number is: 0725287503

 4.4 Subscription Service and Cancellation Policy

Our Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize MOSANIY to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us at: hello@mosaniy.com.

4.5 Direct Purchases and Cancellation Policy

Our service may include products, services and content that you may need to purchase directly. Once you place your order by contacting us on: hello@mosaniy.com we will process your order as per your requirements. We will keep evolving our direct purchases customer experience as time goes by and we will keep you updated. Once you have ordered for any direct purchases, one has to pay a down payment and once the service is rendered they will have to clear the reminder of the balance so as to get their work. In case the customer wants to cancel the service then down payment is not refundable. Also the customer will not be given their final work if they have not cleared the remaining balance.

4.6 Service Charges:
4.6.1 Quotation Fees
  • A customer who requests our services will be charged a standard fee of Ksh 500 or USD 5.00 per quote (Max of 1-4 pages) they request.
  • For a quote more than 4 pages the client will be charged an additional of Ksh 250 or USD 2.50 per page.
4.6.2 Mock Up or Sample Fee
  • For any sample of work or prototype or mock up a client wants they will have to pay a sample fee of Ksh 1500 or USD 15 per hour.
4.6.3 Alteration Fee
  • Only a minimum of two alterations are allowed. Anything above two alterations on any project will incur a fee of Ksh 1,000 or USD 10 per revision which will be billed separately to the client.
4.6.4 Payment Terms

If a customer decides to work with MOSANIY they have to note the following:

  • After making an arrangement on the work to be done the customer has to pay 60% of the project price as down payment which is non-refundable and non-negotiable.
  • After the work is done and completed the client will be allowed to review the project to assess if it has been done as per the project requirements. When client is satisfied he/she has to pay the remaining 40% before they can be handed over the work.
  • For customized work such as if a customer requests for MOSANIY DELUX (Tailored Services), the prices will depend on the project value, negotiation with the client to reach an mutual understandable price. Once the project scope has been determined and agreed upon, the customer has to pay 60% down payment which is non-refundable and non-negotiable.
  • After the work is done and completed the client will be allowed to review the project to assess if it has been done as per the project requirements. When client is satisfied he/she has to pay the remaining 40% before they can be handed over the work.
  • Any additional request on the project scope that is not part of the agreed upon project scope will incur a project fee of 20% of the total value per request.
4.6.5 Meetings
  • Book and Schedule a meeting via video chat or telephone call so that we can discuss your business or other services. All our meetings are mostly online. Pay Ksh 1,500 or USD 15 per session (60 minutes).
  • Unless necessary onsite visits to the customer premises within Kenya, the customer will be billed at Ksh 3,500 or USD 35 per session (60 minutes) plus a variable travel expense fee depending on travel location. For more information kindly contact hello@mosaniy.com
  • For international customers who seek our services on their onsite premises, the customer will be billed with respective to their geographical location and other travel costs. For more information kindly contact hello@mosaniy.com
4.7 Work Terms
  • Once all project fees are paid in full to MOSANIY (The Service Provider) any elements of text, graphics, photos, contents, trademarks, or other artwork furnished by you for inclusion in any project are owned by you.
  • MOSANIY has Explicit permission from the customer or rightful owner to use images, or design elements provided by you for inclusion in the project and will hold harmless, protect and defend MOSANIY from any claim or suit arising from the use of such elements.
  • MOSANIY retains the right to display graphics and other content elements as examples of their work in their portfolio and as content features in other projects.
  • All quotations for tailored or customized services (MOSANIY DELUX) are valid for only one month after which a review of prices will be required.
4.8 Services Termination

MOSANIY may suspend or terminate access to Services for any customer account for which any amount is due but unpaid. In addition to the amount due for the Service, an inactive customer account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

5.Ownership; Proprietary Rights

Our services are owned and operated by MOSANIY. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of  our services (“Materials”) provided by MOSANIY are protected by intellectual property and other laws. MOSANIY reserves all rights to the Materials not granted expressly in these Terms. The MOSANIY LOGO, SLOGAN, MOSANIY BRAND ASSESTS & TRADEMARKS AS WELL AS ITS DIGITAL PROPERTIES are protected by intellectual property laws in Kenya and Internationally.

6.Third Party Terms

6.1 Third Party Services and Linked Websites

MOSANIY provides tools through their Services that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account MOSANIY services with an account on a third party social network service, such as Twitter or Facebook. By using one of these tools, you agree that MOSANIY may transfer that information to and from the applicable third party service. Third party services are not under MOSANIY’s control, and MOSANIY is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under MOSANIY’s control, and MOSANIY is not responsible for their content.

6.2 Third Party Software

Services provided by MOSANIY may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although our Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

7.User Content

7.1 User Content Generally

Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post through our services. Nevertheless, we need certain permission from you in order to provide the Service.

7.2 Limited License Grant to MOSANIY

By providing User Content to or via our Services, you grant MOSANIY a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

7.3 Limited License Grant to Other Users

By providing User Content to or via our Services to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

7.4 User Content Representations and Warranties

MOSANIY disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via our Services. By providing User Content via our Service, you affirm, represent, and warrant that:

  1. a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize MOSANIY and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by MOSANIY, it’s Services and these Terms;
  1. b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause MOSANIY to violate any law or regulation; and
  2. c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
  3. d) your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.

We reserve the right to suspend or terminate customer accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment.

7.5 User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. MOSANIY may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against MOSANIY with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, MOSANIY does not permit copyright-infringing activities through its services.

7.6 Monitoring Content

MOSANIY does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that MOSANIY reserves the right to, and may from time to time, monitor any and all information transmitted or received through its Services for operational and other purposes. If at any time MOSANIY chooses to monitor the content, MOSANIY still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

8.Prohibited Conduct

BY USING MOSANIY’S SERVICES AND WEBSITE YOU AGREE NOT TO:

  • Use our Services for any illegal purpose or in violation of any local, state, national, or international law;
  • Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
  • Interfere with security-related features of Our Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of our Services except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;
  • Modify or create derivatives of any part of our Services;
  • Interfere with the operation of our Services or any user’s enjoyment of our Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of our Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide our Services;
  • Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
  • Take action that imposes an unreasonable or disproportionately large load on the infrastructure of Services of MOSANIY’s systems or networks, or any systems or networks connected to our MOSANIY;
  • Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.

9.Indemnity

You are responsible for your use of MOSANIY’s Services, and you will defend and indemnify MOSANIY and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “MOSANIY Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, our Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

10.Warranty Disclaimer

To the fullest extent permitted by law, MOSANIY, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website, its services and your use thereof. MOSANIY makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any sites linked to the MOSANIY website, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the website. MOSANIY does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party or other parties through their services or any hyperlinked website, or featured in any banner or other advertising, and MOSANIY will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate

11.Limitation of Liability

You agree that MOSANIY and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the MOSANIY website and its services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from our services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on our services; or (v) any other matter relating to the website and its services.

12.Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by withholding the Kenyan Arbitration Act, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Kenyan Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

13.Waiver and Severability of Terms

At any time, should MOSANIY fail to exercise or enforce any right or provision of the Terms of Service, such failure shall not constitute a waiver of such right or provision. If any provision of this Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

14.No right of survivorship non-transferability

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your customer account shall terminate upon your death. In case of any unpaid fees the next of kin shall be notified through contacts provided by the customer. Upon receipt of a copy of a death certificate, your customer account may be terminated and all contents as well as contracts, subscriptions are therein permanently deleted or discontinued.

15.International Customers

MOSANIY and its services is controlled, operated and administered by MOSANIY ENTERPRISES from Nakuru, Kenya. If you access MOSANIY’s services from a location outside Kenya, you are responsible for compliance with all local laws. You agree that you will not use MOSANIY’s content or services accessed through: https://mosaniy.com/  in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

16.Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Terms of Service must be filed within 1 year after said claim or cause of action arose or shall be forever barred.

17.Trademarks

MOSANIY, the MOSANIY logo, and other MOSANIY logos and names are trademarks of MOSANIY and its subsidiaries. You agree not to display or use these trademarks in any manner without MOSANIY’s prior, written consent.

18.Notification of Changes

Each time MOSANIY changes its Terms of Service, it will post those changes in the Terms of Service Section on the website and other places that are deemed appropriate to make users aware of such changes. With regards to the changes or updates to the Terms of Service, we retain the right to introduce, amend, upgrade or alter this Terms of Service at any time, simply by publishing these revisions, updates or amendments to the Website and without warning to you or as required by relevant legislation. Any such modification, upgrade or alteration shall take place immediately after publishing on the Web. It is your duty, from time to time, to revisit the Terms of Service and ensure that you continue and comply on all its terms.

19.Contact Us

MOSANIY ENTERPRISES runs this website. Please feel free to contact us at the following email address if you have any concerns about the Terms of Service related to this website: terms@mosaniy.com

Effective as of January 1st 2020.