Terms of Service

Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Matmon Technology Limited (“Matmon Technology”, “we”, “us”, or “our”), a company incorporated under the laws of Kenya.

By accessing our website at tech.matmonafrica.com or engaging any of our services, you agree to be bound by these Terms. If you do not agree, you must not use our website or services. We recommend you review these Terms alongside our Privacy Policy.

Our Services

Matmon Technology provides the following core services:

• Sovereign cloud hosting and data center services (Matmon Cloud)
• Urban intelligence and predictive analytics platform (Proxmus)
• Custom software and web application development
• Smart construction, 3D printing, and robotics integration
• Digital security systems including CCTV, intercoms, and electric fencing
• Hardware supply, repair, and maintenance
• Technology consultancy and digital transformation advisory

The specific scope, timeline, deliverables, and pricing for any engagement are defined in a separate Statement of Work or service agreement signed by both parties. These Terms govern the general relationship; the Statement of Work governs project specifics.

Acceptable Use

You agree not to use our website or services to:

• Violate any applicable Kenyan or international law or regulation.
• Transmit any material that is unlawful, defamatory, harassing, or infringing on third-party intellectual property rights.
• Introduce malware, viruses, or any other malicious code into our systems.
• Attempt unauthorized access to any part of our infrastructure or client systems.
• Use our cloud or data services to store or process content that is illegal under Kenyan law.
• Resell or sublicense our services without prior written authorization.

Violation of acceptable use terms may result in immediate suspension of services without refund.

Intellectual Property

All intellectual property rights in our website, platform software, branding, documentation, and proprietary methodologies are owned by Matmon Technology Limited and are protected under Kenyan and international intellectual property laws.

For custom software developed for a client, intellectual property ownership is explicitly defined in the relevant Statement of Work. In the absence of such agreement, all intellectual property created during an engagement remains the property of Matmon Technology until full payment is received, at which point ownership transfers to the client as agreed.

Matmon Technology retains the right to use non-confidential project outcomes for portfolio, case study, and marketing purposes unless the client expressly requests otherwise in writing.

Payment Terms

Payment terms for each engagement are specified in the applicable Statement of Work or service agreement. Unless otherwise agreed in writing:

• Cloud hosting services are billed monthly in advance in Kenyan Shillings (KES).
• Software development projects typically require a deposit of 50% before work commences.
• Invoices are due within 30 days of issue unless otherwise specified.
• Late payments may attract interest at the rate of 2% per month on the outstanding balance.
• Matmon Technology reserves the right to suspend services for accounts more than 14 days overdue.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information, business data, or technical details disclosed during the course of a business relationship. This obligation continues for a period of three (3) years following the conclusion of any engagement.

Confidentiality does not apply to information that is publicly known, independently developed, or required to be disclosed by law or court order.

Limitation of Liability

To the maximum extent permitted by Kenyan law, Matmon Technology shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of our services.

Our total aggregate liability to you for any claim arising from these Terms or our services shall not exceed the total amount paid by you to Matmon Technology in the twelve (12) months preceding the claim.

These limitations do not apply to liability arising from gross negligence, wilful misconduct, or breaches of the Kenya Data Protection Act, 2019.

Indemnification

You agree to indemnify, defend, and hold harmless Matmon Technology, its directors, employees, and affiliates from any claims, damages, losses, and expenses (including legal fees) arising from your breach of these Terms, misuse of our services, or violation of any third-party rights.

Termination

Either party may terminate a service engagement in accordance with the terms of the applicable service agreement. Matmon Technology reserves the right to suspend or terminate access to our services immediately, without prior notice or liability, if you breach these Terms.

Upon termination, your right to use our services ceases immediately. Clauses regarding intellectual property, confidentiality, limitation of liability, and governing law survive termination.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Kenya, with the Kisumu High Court as the court of first instance, unless the parties agree to alternative dispute resolution.

Changes to These Terms

We may update these Terms at any time. When we do, we will revise the “Last updated” date. Continued use of our website or services after changes take effect constitutes your acceptance of the revised Terms. We recommend checking this page periodically.

For material changes, we will make reasonable efforts to notify active clients via email.

Contact

For questions about these Terms, please reach us at: