1. About these terms
These Terms of Service ("Terms") are a legally binding agreement between you and Kendagor Tech ("Kendagor Tech", "we", "us") for the use of the Kendagor Tech platform at kendagortech.online, its sub-domains, apps and APIs (the "Service").
By creating an account, ticking the acceptance box at sign-up, or using the Service, you confirm that you have read and agree to these Terms and to the documents they incorporate: the Privacy Policy, Cookie Policy, Payments & Financial Handling Policy, Acceptable Use Policy, Data Processing Agreement and Legal Requests & Enforcement Policy. If you do not agree, do not use the Service.
If you accept on behalf of a company, you confirm you are authorised to bind it, and "you" means that company.
2. The Service
Kendagor Tech is software for internet service providers ("ISPs"). It provides billing, RADIUS authentication and accounting, MikroTik router management, Hotspot and PPPoE subscriber management, vouchers, captive portals, payment integrations, messaging and analytics.
Kendagor Tech is a software provider. We are not an internet service provider to your customers, a bank, or a payment service provider. You, the ISP, provide internet service to your customers and are responsible for that service.
We may improve, change or discontinue features. Where a change materially reduces the Service you pay for, we will give reasonable notice by email or in the dashboard.
3. Eligibility and accounts
- You must be at least 18 years old and able to enter into a binding contract under Kenyan law.
- You must give accurate, current and complete information at sign-up and keep it up to date.
- You are responsible for everything done through your account, including by staff accounts you create. Keep your password secret, use a strong unique password, and tell us immediately at the address below if you suspect unauthorised access.
- One person or company may not create accounts to evade a suspension, a free-trial limit or fees.
4. Your responsibilities as an ISP
You are solely responsible for:
- holding and complying with every licence and authorisation your business needs, including any licence required from the Communications Authority of Kenya under the Kenya Information and Communications Act, or from the regulator in your country;
- your relationship with your own customers, including the prices, packages, quality of service, refunds and consumer-protection duties under the Consumer Protection Act, 2012 and other applicable law;
- having a lawful basis, and giving your customers the notices required by the Data Protection Act, 2019, for the personal data of your customers that you process through the Service. For that data you are the data controller and we act as your data processor under the Data Processing Agreement;
- the configuration and security of your own routers, networks and devices;
- complying with tax law, including keeping your own business and tax records for the periods the law requires. Export any records you need before you close your account.
5. Subscription, fees and taxes
Some features require a paid subscription. Prices, billing periods and any free trial are shown in the dashboard before you pay. Fees are charged in advance for each billing period and, unless the law requires otherwise, are not refundable for partial periods. Prices include or exclude taxes as stated on the invoice. If a subscription is not paid when due, the account may be limited or suspended until it is paid. Full details are in the Payments & Financial Handling Policy.
6. Inactive accounts
Important: to protect data and keep the platform secure, an ISP account that shows no activity for 15 consecutive days is permanently deleted together with its data. Activity means any of: a dashboard sign-in, a router check-in, a Hotspot payment or a PPPoE payment on the account. Deleted data cannot be recovered. If you need to pause your business, contact us first and we can mark the account as exempt.
7. Acceptable use
You must follow the Acceptable Use & Account Abuse Policy. In particular you must not use the Service for fraud, unlawful interception, unsolicited messaging, unauthorised access to systems, or anything prohibited by the Computer Misuse and Cybercrimes Act, 2018 or other law.
8. Intellectual property
The Service, its software, design and documentation belong to Kendagor Tech and its licensors and are protected by copyright and other laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription for your own business. You may not copy, resell, reverse-engineer (except where the law allows), or build a competing product from the Service.
You keep all rights to the data and content you put into the Service ("Your Data"). You give us permission to host, process and display Your Data only as needed to provide, secure and support the Service.
9. Availability and support
We work to keep the Service available and secure, but it is provided over the internet and may occasionally be interrupted for maintenance, upgrades or reasons outside our control (for example power, network or third-party payment outages). We do not guarantee uninterrupted or error-free operation. Planned maintenance will be scheduled to limit disruption where practical.
10. Third-party services
The Service connects to services run by others, such as Safaricom M-PESA and other payment providers, SMS and email providers, Google sign-in and our hosting provider. Your use of those services is also subject to their own terms. We are not responsible for their availability or actions, but we choose them carefully and require them to protect data.
11. Suspension and termination
You may close your account at any time from the dashboard or by contacting us. We may suspend or close an account, with notice where reasonable, if: fees are unpaid; you breach these Terms or the Acceptable Use Policy; we are required to by law or a lawful order; or continued access poses a security or fraud risk to us, other customers or the public. The process, including how to appeal, is set out in the Legal Requests & Enforcement Policy.
On closure your right to use the Service ends. We will delete Your Data as described in the Privacy Policy, except where the law requires us to keep it.
12. Disclaimers
Except as expressly stated in these Terms, and to the extent the law allows, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose. Nothing in these Terms excludes rights you have under consumer-protection law that cannot be excluded.
13. Limitation of liability
To the extent permitted by law:
- neither party is liable for indirect or consequential loss, or for loss of profit, revenue, business or goodwill;
- our total liability arising out of or relating to the Service in any 12-month period is limited to the fees you paid us for the Service in those 12 months.
These limits do not apply to liability that cannot be limited by law, including liability for fraud, or for death or personal injury caused by negligence.
14. Indemnity
You agree to compensate Kendagor Tech for losses, fines and reasonable legal costs arising from a claim by a third party (including one of your customers or a regulator) that results from your breach of these Terms, your breach of law, or the internet service you provide to your customers.
15. Changes to these Terms
We may update these Terms to reflect changes in law, in the Service or in how we operate. We will post the new version here with a new effective date and, for material changes, notify account holders by email or in the dashboard at least 14 days before they take effect, unless a change is required sooner by law. Continuing to use the Service after that date means you accept the updated Terms; if you do not agree you may close your account.
16. Governing law and disputes
These Terms are governed by the laws of the Republic of Kenya. If a dispute arises, please contact us first at kendagortech@gmail.com so we can try to resolve it informally within 30 days. If it is not resolved, either party may refer it to mediation, and failing that to the courts of Kenya, which have exclusive jurisdiction, unless mandatory law gives you the right to bring a claim elsewhere.
17. General
If any part of these Terms is found unenforceable, the rest remains in force. A failure to enforce a right is not a waiver of it. You may not transfer your account without our written consent; we may transfer this agreement to a successor of our business with notice to you. These Terms, and the documents they incorporate, are the entire agreement between us about the Service.
18. Contact
Kendagor Tech, Kenya. Email: kendagortech@gmail.com.