Terms of Service

Welcome to Nisc Cloud Limited ("Nisc Cloud", "we", "us", or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Nisc Cloud Limited, a company incorporated under the laws of Kenya, governing your access to and use of our website at nisccloud.com, our client management platform at npanel.nisccloud.com ("nPanel"), and all related services (collectively, the "Platform").

1. Definitions

For the purposes of these Terms, the following definitions apply:

• "Agreement" means these Terms of Service together with our Privacy Policy, Cookie Policy, and any order forms, service schedules, or statements of work entered into between you and Nisc Cloud.
• "Account" means the registered profile you create to access the Platform and manage your Services.
• "Client" / "Customer" / "you" / "your" means any individual, business, or legal entity that registers for, accesses, or uses the Platform or any Service.
• "Content" means any text, images, data, files, emails, code, configurations, or other material uploaded, stored, processed, or transmitted through the Platform.
• "Fees" means all charges, subscription fees, one-time payments, and applicable taxes payable for the Services.
• "nPanel" means our proprietary SaaS client dashboard accessible at npanel.nisccloud.com, through which Clients manage their Services.
• "Services" means all products and services offered by Nisc Cloud, including but not limited to cloud hosting, domain registration, business email hosting, SSL certificates, website design, brand identity services, digital marketing services, AI automation services (Zepo AI), and any other services listed on our Platform.
• "Subscription" means a recurring plan that grants access to specified Services for a defined billing cycle (monthly or annual).
• "Unauthorised Use" means any use of the Platform or Services that violates these Terms, applicable law, or the rights of any third party.
• "Working Day" means any day other than Saturday, Sunday, or a public holiday in Kenya.

2. Acceptance of Terms

By accessing or using the Platform in any manner including browsing our website, creating an Account, purchasing a Service, or continuing to use any Service after an update to these Terms you confirm that you have read, understood, and agree to be bound by this Agreement in its entirety.

If you are using the Platform on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement, in which case references to "you" shall mean that entity and you personally.

If you do not agree to these Terms, you must immediately cease all use of the Platform and Services.

3. Eligibility

To access and use the Platform and Services, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction, whichever is higher;
• Have full legal capacity to enter into a binding contract under Kenyan law or the laws of your jurisdiction;
• Not be a person or entity barred from receiving services under the laws of Kenya or any applicable jurisdiction; and
• Provide accurate, complete, and current information during registration and at all times thereafter.

We reserve the right to verify your eligibility and to refuse, suspend, or terminate access to any person or entity we reasonably believe does not meet these requirements, without prior notice.

4. Account Registration & Security

4.1 Account Creation

To access most Services, you must create an Account. You agree to provide truthful, accurate, and complete information when registering and to keep this information up to date. Providing false or misleading information is a material breach of these Terms and may result in immediate termination of your Account.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials (username, password, and any two-factor authentication codes). You must:

• Choose a strong, unique password and update it regularly;
• Enable two-factor authentication where available;
• Not share your credentials with any third party;
• Notify us immediately at support@nisccloud.com upon discovering any unauthorised access or suspected breach of your Account.

You are fully liable for all activity occurring under your Account, whether or not authorised by you, until you notify us of a breach and we have taken reasonable steps to address it.

4.3 One Account Per Entity

Each individual or legal entity may maintain only one primary Account unless otherwise permitted in writing by Nisc Cloud. We reserve the right to merge duplicate Accounts or terminate all but one Account.

4.4 Account Transfers

You may not transfer, sell, or assign your Account to any third party without our prior written consent. Any unauthorised transfer is void and may result in immediate Account termination.

5. Description of Services

Nisc Cloud offers the following categories of Services through the Platform:

5.1 Cloud Hosting Services

• Web Hosting: Managed hosting for business websites, optimised for speed and reliability.
• WordPress Hosting: Specialist hosting environment optimised for WordPress websites.
• VPS Hosting: Virtual Private Server instances with dedicated resources and root access.
• VDS Hosting: Virtual Dedicated Server resources for higher-traffic workloads.
• Dedicated Server Hosting: Fully dedicated physical server infrastructure.
• Business Email Hosting: Professional email hosting with custom domain addresses.
• SSL Certificates: Domain validation, organisation validation, and extended validation certificates.

5.2 Domain Services

• Domain Registration: Registration of domain names across a wide range of TLDs including .co.ke, .com, .org, and 500+ extensions.
• Domain Management: DNS management, domain transfer, WHOIS privacy protection, and auto-renewal services.

5.3 Marketing & Branding Services

• Brand Identity & Design: Logo design, brand guidelines, visual identity systems, and brand strategy.
• Website Design & Development: Custom website design, landing pages, and e-commerce solutions.
• SEO / AEO / GEO: Search Engine Optimization, Answer Engine Optimization, and Generative Engine Optimization services. Local and map visibility are treated separately as local SEO services.
• Paid Advertising: Campaign management on Google Ads, Meta Ads, TikTok Ads, and LinkedIn Ads.
• Social Media Marketing: Content creation, scheduling, community management, and influencer campaigns.
• Email Marketing: Sequence design, newsletter management, and marketing automation.
• Influencer Marketing: Micro and macro influencer campaign coordination and reporting.

5.4 AI & Automation Services

• Zepo AI Agent: AI-powered automation for business workflows, customer engagement, and lead management.
• AI Image Generation: AI-assisted creative asset generation for marketing and branding.
• Background Remover: Automated image background removal tool.

5.5 nPanel Dashboard

nPanel is our proprietary client management dashboard through which Clients manage their hosted services, billing, team members, domains, email accounts, and marketing campaigns. Access to nPanel is provided as part of active Service Subscriptions and is subject to these Terms.

5.6 Website Migration

When you move hosting to Nisc Cloud, we migrate your existing website, databases, and email free of charge within the scope we agree with you before the move begins. Work outside that agreed scope (for example, rebuilding a site, fixing pre-existing faults, or moving very large or complex applications) is quoted separately, and we will only charge for it after you approve the quote.

5.7 Service Modifications

We reserve the right to add, modify, suspend, or discontinue any Service at any time, with reasonable notice where possible. We will not be liable to you or any third party for any modification, suspension, or discontinuance of Services, except that if we discontinue a paid Service you have subscribed to, we will provide a pro-rated refund for the unused portion of your prepaid subscription period.

6. Subscription Plans & Billing

6.1 Plans & Pricing

Our Services are offered on a subscription basis (monthly or annual billing cycles) or as one-time purchases, depending on the Service. Current pricing is published on our website and in nPanel. All prices are stated in Kenyan Shillings (KES) unless otherwise indicated. We may also offer USD-denominated pricing for certain international Services.

6.2 Price Changes

We may adjust pricing at any time. For existing Subscriptions, we will provide at least 30 days' written notice before any price increase takes effect. If you do not wish to continue at the new price, you may cancel your Subscription before the new pricing becomes effective. Continued use after the effective date constitutes acceptance of the new pricing.

6.3 Taxes

All prices are exclusive of applicable taxes unless stated otherwise. Where required by Kenyan law or the laws of your jurisdiction, Value Added Tax (VAT) or other applicable taxes will be added to your invoice. You are responsible for any applicable taxes in your jurisdiction.

6.4 Auto-Renewal

All Subscriptions renew automatically at the end of each billing cycle unless cancelled by you in advance through nPanel. You authorise us to charge your designated payment method for each renewal cycle. It is your responsibility to cancel before renewal if you do not wish to continue.

6.5 Invoice & Records

We issue electronic invoices for all transactions, accessible through your nPanel Account. You agree that electronic invoices satisfy any legal requirement for written invoices.

7. Payment Terms

7.1 Accepted Payment Methods

We accept payment via the following methods:

• M-Pesa: Safaricom M-Pesa Paybill and STK Push (Kenya);
• Debit & Credit Cards: Visa and Mastercard (processed through PCI-DSS compliant payment processors);
• Bank Transfer: Direct bank transfer for invoices exceeding KES 10,000 (on request).

7.2 Payment Processing

Payments are processed by third-party payment processors. We do not store full card numbers or M-Pesa PINs on our servers. By submitting payment information, you represent that you are authorised to use the payment method provided and that the information is accurate.

7.3 Failed Payments

If a payment fails, we will notify you and attempt to collect payment again. If payment remains outstanding after 7 days of the due date, we reserve the right to suspend your Services. If payment is not received within 30 days, we may terminate your Account and delete associated data in accordance with our data retention policy. We are not responsible for loss of data or business resulting from suspension or termination due to non-payment.

7.4 Disputes on Charges

If you believe a charge is incorrect, you must notify us in writing at support@nisccloud.com within 30 days of the charge date. We will investigate and, where the charge was erroneous, issue a credit or refund at our discretion.

8. Free Trials & Promotional Offers

From time to time, we may offer free trials, promotional discounts, or introductory pricing. The specific terms of any such offer will be communicated at the time of the offer. Unless otherwise stated:

• Free trials are available to new Clients only and may not be combined with other promotions;
• At the end of a free trial, your Subscription will automatically convert to a paid plan unless cancelled before the trial expires;
• We reserve the right to withdraw or modify promotional offers at any time without notice;
• Promotional pricing applies only to the initial subscription period and reverts to standard pricing upon renewal.

9. Cancellation & Termination

9.1 Cancellation by You

You may cancel any Subscription at any time through nPanel or by contacting our support team. Cancellation takes effect at the end of the then-current billing cycle, and you will continue to have access to the Services until that date. We do not offer pro-rated refunds for cancellations mid-cycle unless expressly stated in our Refund Policy.

9.2 Termination by Us for Cause

We may suspend or terminate your Account and access to all Services immediately and without prior notice if:

• You materially breach any provision of these Terms and fail to remedy the breach within 7 days of written notice;
• You use the Services for illegal, fraudulent, or abusive purposes;
• You fail to pay any amounts due within 30 days of the due date;
• You provide false or misleading information during registration or thereafter;
• Continuation of your Account would expose Nisc Cloud or other users to legal, regulatory, or reputational risk; or
• We are required to do so by applicable law or a competent authority.

9.3 Effect of Termination

Upon termination or expiry of your Account for any reason:

• Your access to the Platform and all Services will cease;
• You will have 30 days to export your data from nPanel after which we may delete it in accordance with our data retention policy;
• All outstanding Fees remain due and payable immediately;
• Provisions of these Terms that by their nature should survive termination (including Sections 13, 16, 19, 20, 22, and 23) shall continue to apply.

9.4 Domain & Hosting Continuity

Upon termination, domain names registered through Nisc Cloud will be eligible for transfer to another registrar at your request during the 30-day data retrieval window. Nisc Cloud is not responsible for any loss of domain names that are not transferred within this period.

10. Refund Policy

10.1 Cloud Hosting Services

We offer a 7-day money-back guarantee on new web hosting and WordPress hosting plans. If you are not satisfied, contact us within 7 days of the initial purchase and we will issue a full refund. This guarantee applies to first-time purchases only and does not apply to renewals.

10.2 VPS, VDS & Dedicated Servers

Due to the immediate provisioning of dedicated infrastructure resources, VPS, VDS, and dedicated server plans are non-refundable once provisioned. If a server fails to provision correctly through our error, we will offer a full refund or re-provision.

10.3 Domain Registrations

Domain registrations are non-refundable once processed, as we incur costs from the domain registry upon registration. In exceptional circumstances (e.g., duplicate registration caused by a system error on our part), we may issue a refund at our discretion.

10.4 SSL Certificates

SSL certificates are non-refundable once issued or provisioned. If provisioning fails through our error, we will offer a refund or re-provision the affected Service.

10.5 Marketing & Design Services

Marketing, design, and creative services are governed by individual service agreements or statements of work. Refund terms are set out in those agreements. In the absence of a specific agreement, deposits and upfront payments are non-refundable once work has commenced.

10.6 AI & Automation Services

AI service credits and automation service packages are non-refundable once consumed. Unused credits at the time of account termination will not be refunded.

10.7 Business Email Services

Business email plans are non-refundable once the mailboxes or related account resources have been provisioned. If provisioning fails through our error, we will offer a refund or re-provision the affected Service.

10.8 Policy Violations

No refund, including under the money-back guarantee in Section 10.1, is due for Services suspended or terminated because of a breach of the Acceptable Use Policy (Section 11) or Prohibited Conduct (Section 12).

10.9 Process

Refund requests must be submitted in writing to support@nisccloud.com. Approved refunds are processed within 7–14 Working Days via the original payment method. M-Pesa refunds are subject to Safaricom's processing timelines.

11. Acceptable Use Policy

You may only use our Services for lawful purposes and in accordance with these Terms. You agree that you will not use the Platform or Services to:

• Host, transmit, or distribute any content that is illegal under Kenyan law or the laws of your jurisdiction;
• Send unsolicited bulk email (spam), phishing emails, or any other unsolicited commercial communications;
• Host, distribute, or link to malware, viruses, ransomware, spyware, or any other malicious code;
• Conduct or facilitate distributed denial-of-service (DDoS) attacks or any other form of cyberattack;
• Mine cryptocurrencies or engage in any activity that places excessive, unreasonable strain on shared infrastructure without prior written approval;
• Store or process content that infringes the intellectual property rights of any person;
• Host, sell, or promote pornography or other sexually explicit adult content;
• Run or promote scams, including Ponzi or pyramid schemes, fake investment or "get rich quick" offers, fake giveaways, and advance-fee fraud;
• Impersonate a genuine business, brand, government body, or person, including look-alike websites, phishing pages, and counterfeit storefronts;
• Host content that constitutes child sexual abuse material (CSAM) this is a zero-tolerance policy and will result in immediate termination and reporting to relevant authorities;
• Engage in any form of online fraud, identity theft, or financial crime;
• Circumvent or attempt to circumvent any security measure, firewall, or access control;
• Reverse engineer, decompile, or disassemble any part of the Platform; or
• Use the Platform to compete directly with Nisc Cloud by reselling our infrastructure as your own unlicensed product.

We reserve the right to monitor usage patterns to detect violations of this policy and to take immediate corrective action, including content removal, service suspension, or account termination, without prior notice where the violation is serious.

11.1 Enforcement

We take the security of our infrastructure and of our other Clients seriously. If we reasonably believe that an Account hosts or distributes content prohibited by this policy or Section 12, we may, without prior notice:

• Suspend or terminate the affected Services or the entire Account;
• Remove or disable access to the content;
• Preserve relevant records and report the matter to law enforcement, regulators, the domain registry, or affected rights holders;
• Take legal action to protect Nisc Cloud, our infrastructure, and our Clients, and recover the costs we reasonably incur as a result.

Fees paid for Services that are suspended or terminated under this Section are non-refundable, and any outstanding Fees remain payable.

12. Prohibited Conduct

In addition to the Acceptable Use Policy above, you must not:

• Impersonate Nisc Cloud, our employees, partners, or any other person or entity;
• Scrape or systematically extract data from the Platform without our prior written consent;
• Create multiple Accounts to circumvent service limits, suspensions, or bans;
• Interfere with the proper functioning of the Platform or any other user's use of the Services;
• Resell or sublicense Services without an express written reseller agreement with Nisc Cloud;
• Use automated tools (bots, crawlers, scrapers) to access the Platform in a manner that exceeds normal human interaction rates without prior written consent;
• Violate any applicable law, including the Kenya Information and Communications Act, the Computer Misuse and Cybercrimes Act 2018, the Data Protection Act 2019, or any applicable anti-money laundering regulation.

13. Intellectual Property Rights

13.1 Our IP

The Platform, nPanel, all associated software, trademarks, logos, service marks, trade names, design elements, algorithms, and content created by Nisc Cloud ("Nisc Cloud IP") are the exclusive property of Nisc Cloud Limited or its licensors and are protected by copyright, trademark, and other intellectual property laws in Kenya and internationally. Nothing in these Terms grants you any ownership right in Nisc Cloud IP.

13.2 Licence to Use

Subject to your compliance with these Terms, Nisc Cloud grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal business purposes in connection with the Services you have subscribed to.

13.3 No Reverse Engineering

You must not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, algorithms, structure, or organisation of any software forming part of the Platform.

13.4 Feedback Licence

If you provide feedback, suggestions, or ideas regarding the Platform or Services ("Feedback"), you grant Nisc Cloud a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable licence to use, reproduce, modify, adapt, publish, translate, and distribute such Feedback for any purpose without compensation to you.

13.5 Deliverables from Marketing/Design Services

Where Nisc Cloud creates deliverables specifically for you (e.g., logo design, website, ad creative) under a paid service agreement, ownership of such deliverables shall transfer to you upon receipt of full payment. Nisc Cloud retains the right to display such deliverables in its portfolio unless you request otherwise in writing.

14. User Content

14.1 Ownership

You retain ownership of all Content you upload, store, or transmit through the Platform ("User Content"). Nisc Cloud claims no ownership over your User Content.

14.2 Licence Grant

By uploading or storing User Content on the Platform, you grant Nisc Cloud a limited, non-exclusive, worldwide, royalty-free licence to host, store, process, reproduce, and display your User Content solely to the extent necessary to provide the Services to you. This licence terminates when you delete the content or close your Account.

14.3 Content Standards

You represent and warrant that your User Content: (a) does not infringe any third-party intellectual property right; (b) does not contain unlawful, defamatory, obscene, or otherwise objectionable material; (c) does not violate any applicable law; and (d) is accurate and not misleading.

14.4 Takedown

We reserve the right to remove or disable access to any User Content that we reasonably believe violates these Terms, applicable law, or third-party rights, with or without notice. If you believe your Content has been removed in error, contact us at support@nisccloud.com.

15. Third-Party Services & Integrations

Our Platform may integrate with or enable access to third-party services, including Google Ads, Meta Ads, LinkedIn Ads, Safaricom M-Pesa, domain registries, and other technology providers ("Third-Party Services"). Your use of Third-Party Services is governed by the respective terms and privacy policies of those providers.

Nisc Cloud does not endorse, control, or assume any responsibility for Third-Party Services. We are not liable for any loss, damage, or harm resulting from your use of, or inability to use, any Third-Party Service, including payment processing failures, ad platform changes, or domain registry outages.

When you connect Third-Party Services to nPanel (e.g., your Google Ads account), you authorise Nisc Cloud to access and use data from those services solely to provide the Services you have requested.

16. Data Protection & Privacy

Nisc Cloud is committed to protecting your personal data in accordance with the Kenya Data Protection Act, 2019 and our registered obligations as a Data Controller (ODPC Registration No. 160-3417-5D07). Our full data protection practices are set out in our Privacy Policy, which forms part of this Agreement.

Where you use our Services to store or process the personal data of your own customers or end users, you act as the Data Controller for such data and Nisc Cloud acts as a Data Processor. You are responsible for ensuring your use of the Services complies with applicable data protection laws in respect of data you control. You may request a Data Processing Agreement (DPA) from us at privacy@nisccloud.com.

17. Confidentiality

Each party agrees to keep confidential all non-public, proprietary, or commercially sensitive information disclosed by the other party in connection with the Services ("Confidential Information"), and not to disclose it to any third party without prior written consent, except:

• Where disclosure is required by law or a competent regulatory authority;
• To professional advisers (lawyers, accountants) bound by duties of confidentiality; or
• Where the information is or becomes publicly available without breach of this clause.

This confidentiality obligation survives termination of this Agreement for a period of 3 years.

18. Service Availability & SLA

18.1 Hosting Uptime Commitment

For web hosting, WordPress hosting, and business email hosting plans, we target a monthly uptime of 99.9%, excluding scheduled maintenance windows and force majeure events. In the event of downtime attributable to us that falls below this commitment in a given calendar month, you may request a service credit equal to a proportionate amount of your monthly fee, up to a maximum of one month's subscription fee.

18.2 Scheduled Maintenance

We will endeavour to provide at least 24 hours' advance notice of scheduled maintenance that may affect service availability. Emergency maintenance may be performed without notice where necessary to protect the security or stability of the Platform.

18.3 Force Majeure

Nisc Cloud shall not be liable for any failure or delay in performance of Services to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, internet infrastructure failures, power outages, government orders, pandemics, or acts of terrorism.

18.4 Marketing & Creative Services

No uptime or availability SLA applies to marketing, design, or AI services. Timelines for deliverables are governed by individual service agreements.

19. Limitation of Liability

19.1 Exclusion of Consequential Loss

To the fullest extent permitted by applicable law, Nisc Cloud shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, business, goodwill, or anticipated savings, arising out of or in connection with your use of the Platform or Services, regardless of whether we were advised of the possibility of such damages.

19.2 Aggregate Cap

Our total aggregate liability to you for all claims arising out of or in connection with this Agreement shall not exceed the greater of:

• The total Fees paid by you to Nisc Cloud in the 12 months immediately preceding the event giving rise to the claim; or
• KES 5,000.

19.3 Exceptions

Nothing in this Agreement limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable Kenyan law.

19.4 Third-Party Services

We are not liable for any failure, error, or loss arising from your use of Third-Party Services integrated with our Platform, including payment processing errors, advertising platform changes, or domain registry failures.

20. Indemnification

You agree to defend, indemnify, and hold harmless Nisc Cloud Limited, its directors, officers, employees, agents, and licensors from and against any claims, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or in connection with:

• Your use of the Platform or Services in violation of these Terms or applicable law;
• Your User Content, including any claim that it infringes a third-party right;
• Your misrepresentation regarding your eligibility or authority to enter into this Agreement; or
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights.

We reserve the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us.

21. Warranties & Disclaimers

21.1 Our Warranties

We warrant that: (a) we have full right and authority to enter into this Agreement; (b) we will provide the Services with reasonable skill and care; and (c) the Platform will substantially perform in accordance with its documentation during your Subscription.

21.2 Disclaimer for Marketing Services

We make no warranty or guarantee of any specific marketing outcome, including but not limited to search engine rankings, advertising ROI, lead volume, conversion rates, social media growth, or revenue generated. Marketing results are inherently variable and depend on factors outside our control.

21.3 "As Available" Disclaimer

Except as expressly stated herein, the Platform and Services are provided "as is" and "as available" without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

22. Dispute Resolution

22.1 Informal Resolution

Before initiating any formal dispute proceeding, you must contact us at support@nisccloud.com and allow us 30 days to attempt to resolve the dispute informally. This is a condition precedent to any formal proceedings.

22.2 Mediation

If informal resolution fails, the parties agree to attempt mediation administered by the Nairobi Centre for International Arbitration (NCIA) or such other accredited mediation body as the parties may agree in writing, before resorting to litigation or arbitration.

22.3 Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, that cannot be resolved by mediation shall be finally settled by binding arbitration under the Kenya Arbitration Act (Cap. 49), by a sole arbitrator agreed upon by the parties, or in the absence of agreement, appointed by the Chairman of the Chartered Institute of Arbitrators (Kenya Branch). The seat of arbitration shall be Nairobi, Kenya, and the language shall be English.

22.4 Exceptions

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a competent court in Nairobi to protect intellectual property rights or prevent irreparable harm pending arbitration.

22.5 Class Action Waiver

To the maximum extent permitted by law, you waive any right to participate in any class action, class arbitration, or representative proceeding against Nisc Cloud.

23. Governing Law & Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. Subject to the dispute resolution clause above, you submit to the exclusive jurisdiction of the courts located in Nairobi, Kenya for the resolution of any disputes not subject to arbitration.

24. Changes to These Terms

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

• Sending an email to the address associated with your Account at least 30 days before the effective date of the change;
• Displaying a prominent notice on the Platform or within nPanel; and/or
• Updating the "Last Updated" date at the top of these Terms.

Your continued use of the Platform or any Service after the effective date of the revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must cancel your Subscription and cease use of the Platform before the effective date.

Previous versions of these Terms are archived and available upon written request to support@nisccloud.com.

25. General Provisions

25.1 Entire Agreement

This Agreement, together with any applicable service-specific terms, order forms, and our Privacy Policy and Cookie Policy, constitutes the entire agreement between you and Nisc Cloud with respect to its subject matter and supersedes all prior oral or written understandings, representations, or agreements.

25.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of these Terms shall continue in full force and effect.

25.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of Nisc Cloud.

25.4 Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement (in whole or in part) to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets, with 30 days' written notice to you.

25.5 Notices

Notices from Nisc Cloud to you will be sent to the email address associated with your Account. Notices from you to Nisc Cloud must be sent to support@nisccloud.com. Notices are effective upon confirmed receipt.

25.6 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

25.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

26. Contact Us

If you have any questions, concerns, or complaints regarding these Terms of Service, please contact us:

• Email: support@nisccloud.com
• Legal & Privacy enquiries: privacy@nisccloud.com
• Address: Nisc Cloud Limited, Nairobi, Kenya
• ODPC Registration: No. 160-3417-5D07

We aim to respond to all enquiries within 5 Working Days.