Terms of Service

Terms of Service

Last Updated: Nov 4, 2021

Thank you for selecting the Services offered by Nextbyte ICT Solutions Co Limited (referred to as “Nextbyte”). and/or its subsidiaries and affiliates (referred to as "NextAccounting", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Nextbyte. By clicking “I Agree,” indicating acceptance electronically, or by, installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.

Section A

GENERAL TERMS

  1. AGREEMENT

This Agreement describes the terms governing your use of the Nextbyte Services. It includes by reference:

  1. Nextbyte’s Privacy policy

  2. Additional terms and conditions, which may include those from third parties.

  3. Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.

  4. You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:

    1. You can form a binding contract with Nextbyte;

    2. You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.

  1. YOUR RIGHTS TO USE THE SERVICES

The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Nextbyte. Nextbyte reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Nextbyte grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

  • Provide access to or give any part of the Services to any third party.

  • Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.

  • Decompile, disassemble, or reverse engineer the Services.

  • Make the Services available on any file-sharing or application hosting service.

  1. PAYMENT

For Services offered on a payment or subscription basis, the following terms apply, unless Nextbyte or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

  1. Payments will be billed to you in Tanzania Shillings (TZS), U.S. dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT), as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.

  2. You must pay with one of the following:

    1. A valid credit card acceptable to Nextbyte

    2. A valid debit card acceptable to Nextbyte

    3. Payment through Nextpay (Payment gateway)

    4. By another payment option Nextbyte provides to you in writing.

  3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.

  4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

  5. Nextbyte will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.

  6. Additional cancellation or renewal terms may be provided to you on the website for the Services.

  7. Existing customer will maintain subscription rates for future subscriptions, having that package is not changed. Only increase in fee will be at fixed rate of 5% every after 3 years of subscriptions. When pricing changes on our packages will be applicable for our new customers.

  1. FREE TRIAL USE OF SERVICES

Nextbyte offers free trial of services for amount of 14 days where you will get full access of all features of the package you have selected. Once trial period ends you will be required to complete payment for subscription of the package you were enrolled, failure to make payment within one (1) month after trial period ends or left trial account dormant for more than 10 days without intention to use the system, Nextbyte has right to remove your account from the server unless there is oral or written agreement to keep your account. Trial period can be extended through direct request to Nextbyte.

  1. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

Nextbyte makes no warranties or representation of any kind, express, statutory or implied as to

  1. The availability of telecommunication services from your provider and access to the services at any time or from any location ;

  2. Any loss , damage or security intrusion of the telecommunication service and

  3. Any disclosure of nformation to third parties or failure to transmit any data , commuication or settings connected with services.

  1. DATA PROCESSING AND PRIVACY

Data Processing and Privacy. (a) Nextbyte is the controller of the personal information it processes about you when you use the Services and (b) You acknowledge that Nextbyte will process your personal information as described in our Privacy Statement when you use our Services.

  1. DATA STORAGE LIMITATION

For every user subscribed to the service will be allocated with 2GB of storage to keep their data and files attached through the application. Once allocated storage usage exceed allocated size, Nextbyte will prompt you to increase size of your storage by increasing your subscription monthly fee according to the prices at that time.

  1. CONTENT AND USE OF THE SERVICES

    1. Responsibility for Content and Use of the Services

  1. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Nextbyte a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Nextbyte is not responsible for any of your Content that you submit through the Services.

  2. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:

    1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;

    2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;

    3. Except as permitted by Nextbyte in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;

    4. Virus, Trojan horse, worm or other disruptive or harmful software or data; and

    5. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

    1. Restricted Use of the Services

      You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Nextbyte or could subject Nextbyte to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in Nextbyte’s opinion, is prohibited under this Agreement; (v) any other activity that places Nextbyte in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an Nextbyte system or network or to breach Nextbyte’s security or authentication measures, whether by passive or intrusive techniques. Nextbyte reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.

    2. Community forums

      The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Nextbyte does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Nextbyte is not responsible.

    3. Nextbyte may freely use feedback you provide

      You agree that Nextbyte may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Nextbyte a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Nextbyte in any way.

    4. Nextbyte may monitor content

      Nextbyte may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Nextbyte or its customers, or operate the Services properly. Nextbyte, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

  1. ADDITIONAL TERMS

    1. Nextbyte does not give professional advice

      Unless specifically included with the Services, Nextbyte is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

    2. We may tell you about other Nextbyte Services

      You may be offered other services, products, or promotions by ("Nextbyte Services"). Additional terms and conditions and fees may apply. With some Nextbyte Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.

    3. Communications

      Nextbyte may be required by law to send you communications about the Services or third party products. You agree that Nextbyte may send these communications to you via email or by posting them on our websites.

    4. You will manage your passwords and accept updates

      You are responsible for securely managing your password(s) for the Services and to contact Nextbyte if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

    5. Telephone numbers

      You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Nextbyte may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Nextbyte sending text messages containing security codes to your telephone number. You agree to receive these texts from Nextbyte containing security codes as part of the MFA process. In addition, you agree Nextbyte may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.

  1. DISCLAIMER OF WARRANTIES

    1. Your Use Of The Services, Software, And Content Is Entirely At Your Own Risk. Except As Described In This Agreement, The Services Are Provided "as Is." To The Maximum Extent Permitted By Applicable Law, Nextbyte, Its Affiliates, And Its Third Party Providers, Licensors, Distributors Or Suppliers (collectively,"suppliers") Disclaim All Warranties, Express Or Implied, Including Any Warranty That The Services Are Fit For A Particular Purpose, Title, Merchantability, Data Loss, Non-interference With Or Non-infringement Of Any Intellectual Property Rights, Or The Accuracy, Reliability, Quality Or Content In Or Linked To The Services. Nextbyte And Its Affiliates And Suppliers Do Not Warrant That The Services Are Secure, Free From Bugs, Viruses, Interruption, Errors, Theft Or Destruction. If The Exclusions For Implied Warranties Do Not Apply To You, Any Implied Warranties Are Limited To 60 Days From The Date Of Purchase Or Delivery Of The Services, Whichever Is Sooner.

    2. Nextbyte, Its Affiliates And Suppliers Disclaim Any Representations Or Warranties That Your Use Of The Services Will Satisfy Or Ensure Compliance With Any Legal Obligations Or Laws Or Regulations.

  1. LIMITATION OF LIABILITY AND INDEMNITY

To The Maximum Extent Permitted By Applicable Law, The Entire Liability Of Nextbyte, Its Affiliates And Suppliers For All Claims Relating To This Agreement Shall Be Limited To The Amount You Paid For The Services During The Twelve (12) Months Prior To Such Claim. Subject To Applicable Law, Nextbyte, Its Affiliates And Suppliers Are Not Liable For Any Of The Following: (a) Indirect, Special, Incidental, Punitive Or Consequential Damages; (b) Damages Relating To Failures Of Telecommunications, The Internet, Electronic Communications, Corruption, Security, Loss Or Theft Of Data, Viruses, Spyware, Loss Of Business, Revenue, Profits Or Investment, Or Use Of Software Or Hardware That Does Not Meet Nextbyte Systems Requirements. The Above Limitations Apply Even If Nextbyte And Its Affiliates And Suppliers Have Been Advised Of The Possibility Of Such Damages. This Agreement Sets Forth The Entire Liability Of Nextbyte, Its Affiliates And Your Exclusive Remedy With Respect To The Services And Its Use.

You agree to indemnify and hold Nextbyte and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Nextbyte reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Nextbyte in the defense of any Claims.

  1. CHANGES

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

  1. TERMINATION

Nextbyte may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Services or systems and comply with applicable Nextbyte policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Nextbyte’s rights to any payments due to it. Nextbyte may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

  1. EXPORT RESTRICTIONS

You acknowledge that the Services, including the mobile application, delivered by Nextbyte are subject to restrictions under applicable Tanzania export control laws, including Tanzania trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with Tanzania laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws, directly or indirectly.

  1. DISPUTES

Any Dispute Or Claim Relating In Any Way To The Services Or This Agreement Will Be Resolved By Binding Arbitration, Rather Than In Court, Except That You May Assert Claims In Small Claims Court If Your Claims Qualify. The Arbitrator Shall Apply Tanzania Law To All Other Matters. Notwithstanding Anything To The Contrary, Any Party To The Arbitration May At Any Time Seek Injunctions Or Other Forms Of Equitable Relief From Any Court Of Competent Jurisdiction. We Each Agree That Any And All Disputes Must Be Brought In The Parties Individual Capacity And Not As A Plaintiff Or Class Member In Any Purported Class Or Representative Proceeding. By Entering Into This Agreement And Agreeing To Arbitration, You Agree That You And Nextbyte Are Each Waiving The Right To File A Lawsuit And The Right To A Trial By Jury. In Addition, You Agree To Waive The Right To Participate In A Class Action Or Litigate On A Class-wide Basis. You Agree That You Have Expressly And Knowingly Waived These Rights.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Nextbyte. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 13 shall survive expiration, termination or rescission of this Agreement.

  1. GENERAL

This Agreement, including the Additional Terms below, is the entire agreement between you and Nextbyte and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Nextbyte. However, Nextbyte may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Nextbyte or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Nextbyte via an email to: info@nextbyte.co.tz.