Privacy Policy

Privacy Policy

At NESTICT INFOTECH, accessible from https://www.nestict.com, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by NESTICT INFOTECH and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in NESTICT INFOTECH. This policy is not applicable to any information collected offline or via channels other than this website. Our Privacy Policy was created with the help of the Privacy Policy Generator and the Generate Privacy Policy Generator.

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

Information we collect

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.

How we use your information

We use the information we collect in various ways, including to:

  • Provide, operate, and maintain our webste
  • Improve, personalize, and expand our webste
  • Understand and analyze how you use our webste
  • Develop new products, services, features, and functionality
  • Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the webste, and for marketing and promotional purposes
  • Send you emails
  • Find and prevent fraud

Log Files

NESTICT INFOTECH follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.

Cookies and Web Beacons

Like any other website, NESTICT INFOTECH uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

For more general information on cookies, please read “What Are Cookies”.

Advertising Partners Privacy Policies

You may consult this list to find the Privacy Policy for each of the advertising partners of NESTICT INFOTECH.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on NESTICT INFOTECH, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that NESTICT INFOTECH has no access to or control over these cookies that are used by third-party advertisers.

Third Party Privacy Policies

NESTICT INFOTECH’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.

CCPA Privacy Rights (Do Not Sell My Personal Information)

Under the CCPA, among other rights, California consumers have the right to:

Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.

Request that a business delete any personal data about the consumer that a business has collected.

Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

GDPR Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

Children’s Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

NESTICT INFOTECH does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

ONLINE SHOPPING SAFETY TIPS

ONLINE SHOPPING, BANKING, CHARITY AND TRAVEL

The Internet has had an enormous impact on the way people shop, do their banking, make investments, plan travel, and even how they pay their taxes. In the vast majority of cases, the experiences have been positive. Online shopping allows you to find items — which are sometimes hard or impossible to find in local stores — and typically get the lowest possible price by comparing prices with a variety of merchants. Yes, there are risks associated with shopping online, but they can be managed. Besides, there are also risks associated with driving to a store to make purchases.

Online banking and investing is another great convenience. With a click of a mouse or a touch of a smartphone, you can transfer money between accounts, pay bills, and make investments.

Stay safe tips

Use strong and unique passwords.

  • Strong passwords are essential, just as they are with email and social media accounts.
  • Never share your passwords with anyone, unless you have designated someone you trust to manage your accounts.
  • Make sure your passwords have at least eight characters.
    • Include numbers, upper and lower case letters, and symbols, and do not use names or dictionary words.

Don’t click on links 

  • Don’t click on links from emails or on social media from banks, credit card companies, government agencies, or other organizations, unless you’re 100% certain they are legitimate.
  • There is a common scam, called phishing, where someone sends you a link to what looks like a legitimate website, but it’s actually a scam site created by criminals to steal your login or other personal information.
  • Even if the company name is part of the Web address, it could still be a scam.
  • Your safest bet is to type in the Web address like you normally do and if in doubt, call the organization.

Be wary of any offer that’s too good to be true

  • For example, being told you’ve won a contest that you didn’t enter, or you’re being offered an incredible price on a vacation or product way below what you’d expect to pay

Only shop at reputable online merchants.

  • Be careful about any online merchant that you have never heard of.
  • Many are legitimate but some might be out to steal your credit card number or other financial information, or simply fail to deliver what you’ve paid for.

When shopping or banking look for secure websites

  • With an httpsin the browser’s address bar. The “s” stands for “secure.” If it’s just http, it’s not a secure site.
  • If you shop or bank using a mobile app, be sure it was issued by that company.
  • Look for reviews from others or ask an expert if you’re not sure.

Use credit cards if possible

  • Otherwise use debit cards or safe online payment services, such as Paypal.
  • NEVER SEND CASH, CASHIER’S CHEQUES, OR MONEY ORDERS. Even sending a personal cheque can be dangerous.
  • It’s best to use a credit card because, if there is a dispute, the credit card company will stop the charge or refund your money while they investigate your claim.
  • Debit cards also have protections but sometimes you have to wait to get your money back.
  • Services like Paypal, Android Pay, and Apple Pay also have some protections but credit cards are still the best bet.

Be careful before you click.

  • There are certain things that you may not be able to undo, buying a non-refundable flight or hotel room – Carefully review all transactions before confirming them. If you do make a mistake contact the company right away to see if it’s possible to undo it.
  • Many online merchants have a cancelation feature that lets you back out of a purchase, but you must do so promptly.
  • Once an item is ready to be shipped it may be too late to cancel the order. You can often return your purchases, but you’re likely to have to pay for return shipping.
  • Make sure you understand the return policiesfrom online merchants and know all of the charges, including shipping, handling fees, and taxes.

Do some research before donating to online causes.

  • Crowd-funding sites like Kickstarter, Indiegogo, and GoFundMe are great places to be among the first supporters or purchasers of new products, donate to worthy causes and organizations, and even provide financial support for people with a compelling need, but you should proceed with caution.
  • Read all the fine print and do a little research on the person or organization behind the pitch.
  • If they’re raising money for a cause, try to find out if it’s real, and if they are launching a cool new product, make sure their pitch is realistic.

Protect against identity theft.

  • Unless you’re sure it’s a legitimate site, avoid posting your full birth date and place of birth, and be cautious when asked to enter any other personal information, such as your home address.
  • Legitimate media sites like Facebook and financial institutions may be required to ask for your date of birth.
  • Only disclose credit card numbers to legitimate online merchants.
  • When in doubt, do some research to see what other people say about them.

Monitor your online financial accounts.

  • Look for recent activity to be sure that there are no fraudulent charges to your credit, debit, or bank accounts.
  • If you find something suspicious, report it right away to the financial institution’s fraud department or the toll free number on your credit or debit card. Even if you don’t bank online, there is still a risk that you could be a victim of fraud.
  • Let the institution know right away if there is an issue.
  • In most cases you are protected against fraud but you must report it.

TERMS OF SERVICE

  1. DEFINITIONS AND INTERPRETATION
  • In this agreement:
  • “Agreement” or “Terms and Conditions” means these terms and conditions and its schedules;
  • “Charges” means the amounts payable for the Services as published in the Tariff Guide or otherwise described in these terms and conditions including any applicable deposits but excluding any applicable interest on late payments;
  • “Content” means voice, sounds, information, communications, data or any other material appearing, posted, exchanged, transmitted or communicated through the Services;
  • “Customer” means you as the organization, corporate or individual applying for, or using the Services and with whom NESTICT INFOTECH is making this contract and includes any person who NESTICT INFOTECH believes is acting with the Customer’s authority;
  • “Customer Equipment” means such of the Customer’s equipment as will interact with the Network to facilitate access to the Services;
  • “Force Majeure” means acts of God, geographical topography, power outages, weather conditions, the refusal or delay by a third party to supply the Services to NESTICT INFOTECH, the imposition of restrictions of a legal or regulatory nature which prevent NESTICT INFOTECH from supplying the Services, an event which could not reasonably have been avoided by a diligent party in the circumstances, which is beyond the reasonable control of a party and which makes a party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, confiscation or any other action by government agencies. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder;
  • “Network” means the network operated by NESTICT INFOTECH, its subsidiary(ies), holding company and/or its third party providers to facilitate the provision of the Services;
  • “Offending Material” means any Content that is:
  • in breach of any law, regulation or code of practice invoked by NESTICT INFOTECH or industry regulator or any policy adopted by NESTICT INFOTECH and communicated to the Customer with regard to the acceptable use of the Services, or
  • abusive, indecent, defamatory, obscene, offensive, menacing or a threat to the health and safety of any third party; or
  • In breach of confidence, intellectual property rights, privacy or any right of a third
  • “Registry” means the relevant domain names Registry including but not limited to the Kenya Network Information Centre (KENIC);
  • “Services” means the domain name registration and web hosting services to provided by NESTICT INFOTECH under this Agreement and includes such other services as may be incidental or conducive to the provision of the Services;
  • “Tariff Guide” means the list of charges for the Services as published and varied by NESTICT INFOTECH from time to
  • In this Agreement, unless the context otherwise requires, any reference to:
  • the singular includes the plural and vice versa;
  • a person includes reference to a body corporate or other legal entity;
  • any written law includes that law as amended or re-enacted from time to time;
  • any agreement or other document includes that agreement or other document as varied or replaced by the Parties in writing from time to time;
  • words importing one gender shall be construed as importing the other gender; and
  • Any Party includes that Party’s successors and
  • Clause headings are inserted for convenience only and shall be ignored in construing this Agreement.

2   COMMENCEMENT AND DURATION

This Agreement shall be deemed to have commenced on the date the Customer is connected to the Services (“Commencement Date”). The Agreement shall continue from the Commencement Date until terminated by the Customer or NESTICT INFOTECH pursuant to the Agreement.

“Connected” for the purposes of this clause 2 means the Customer is able to have access to and utilize the Services.

3   APPLICATION OF TERMS

  • By submitting a completed Application Form to NESTICT INFOTECH and/or utilizing the Services you confirm that you have read, understood and accepted the terms and conditions of this
  • The terms and conditions set out in this Agreement are the only terms on which NESTICT INFOTECH is prepared to deal with the Customer in relation to the provision of the
  • No terms or conditions endorsed upon delivered with or contained in the Customer’s quotation, acknowledgement, purchase order, delivery note or other documents will form a part of this Agreement and the Customer waives any right which it otherwise might have to rely on such terms and
  • The Customer acknowledges that  may use the Services in conjunction with other NESTICT INFOTECH products and services and accepts that will comply with the terms and conditions of such other NESTICT INFOTECH products and services while utilizing the same in addition to the terms and conditions set out in this Agreement.

4                    SUPPLY OF THE SERVICES

  • Domain Name Registration

The Customer acknowledges and agrees that NESTICT INFOTECH:

  • does not guarantee the availability, registration or renewal of a desired domain name, even if an inquiry indicates the availability of the domain name;
  • may elect, at its discretion, to accept or reject the Customer’s application for registration or renewal of a domain name for any reason including, but not limited to, rejection due to a request for the registration or renewal of a prohibited domain name;
  • is not liable or responsible in any way for any errors, omissions or any other actions by any Registry administrator arising out of or related to the Customer’s application for and registration or renewal of, or failure to register or renew a particular domain

4.2               Warranties by the Customer

  • Domain Name

By applying to register a domain name the Customer hereby represents and warrants that:

  • the statements made by the Customer in connection with the application for registration, maintenance, or renewal are complete and accurate;
  • to the Customer’s knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
  • The Customer is not registering the domain name for an unlawful purpose; and will not knowingly use the domain name in violation of any applicable laws or regulations. In making this warranty the Customer acknowledges that it recognizes that it is its responsibility to determine whether its domain name registration infringes or violates a third party’s

(b)               Web Hosting

The Customer acknowledges that NESTICT INFOTECH does not operate or exercise control over, and accepts no responsibility for the Content. The Customer accepts that it shall be solely responsible for the accuracy, legality and compliance of the Content with the relevant laws and this Agreement. The Customer further warrants that it has obtained all necessary consents, approvals and licenses for the use of any third party Content.

4.3               Use of the Services

  • Where the Customer intends to use the Services for the provision of services for which a license is required, it shall be the responsibility of the Customer to secure such license from the relevant regulator(s) NESTICT INFOTECH may withhold the provision of the service until the Customer obtains such a
  • The Customer shall not utilize and shall ensure that no other person utilizing the Customer’s access to the Services uses the Services:
  • for storing, reproducing, transmitting, communicating or receiving any Offending Material; or
  • for fraud or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or
  • to cause annoyance, inconvenience or needless anxiety to any person; or
  • Contrary to any other instructions and/or acceptable use policy that may be communicated by NESTICT INFOTECH to the Customer from time to time.

4.4    License

The Customer grants to NESTICT INFOTECH, for the duration of this Agreement, a non- exclusive, non-transferable license to host the Content.

4.5               No Warranties, Availability and Supply of the Services

Although NESTICT INFOTECH will take all reasonable steps to ensure that the Services are available to the Customer at all times, it cannot guarantee a continuous fault free service. The quality and availability of Services may be affected by factors including (but not limited to) Force Majeure planned maintenance or rectification work on the Network, the transmission link(s), or the Customers Equipment may interfere adversely with the quality and provision of the Services. NESTICT INFOTECH does not warrant that the Service or any equipment provided by it will meet your needs, perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error- free, or secure, or free of viruses, worms, disabling code or conditions, or the like. It is agreed that the Customer’s inability to use the Services or Content by reason of failure of any Customer Equipment shall not relieve it from payment of any of the Charges due under this Agreement.

5                    TARIFFS AND TAXES

  • Charges applicable for the Services are set out in the Tariff
  • All Tariffs and charges payable under this Agreement are exclusive of Value Added Tax and all other applicable taxes which shall be calculated at the prevailing rate on the invoice
  • If the Customer reasonably disputes any of the Charges on any invoice it must pay the undisputed portion of the invoice and submit notice in writing of the claim for the disputed

6                    PAYMENT TERMS

  • The Service is offered on a Prepay basis and unless otherwise specified by NESTICT INFOTECH the Charges shall be payable by the Customer annually in advance and once paid will not be refundable to the Customer for any reason including upon a rejection by the Registry of the registration or renewal of a domain
  • Payments will be issued by the Customer within a period of fifteen (15) days from the due date as set out in the E-Bill. If payment has not been received by NESTICT INFOTECH within this period, then NESTICT INFOTECH may at its discretion terminate the Agreement or suspend the Customer’s access to the Services until payment is received in

“E-Bill” for the purposes of this clause 6.2 means NESTICT INFOTECH’s electronic billing facilities providing the Customer with access to billing data current or historical either via email or online through a prescribed NESTICT INFOTECH portal;

7  INDEMNITY

Notwithstanding any other provisions of this Agreement, the Customer agrees to defend, indemnify and hold harmless NESTICT INFOTECH at all times against all actions, proceedings, costs (including reasonable legal fees), claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation and infringement of intellectual property rights which NESTICT INFOTECH may sustain, incur, suffer or pay arising out of or in connection with the use of the Services or any act or omission thereof.

8   LIMITATION AND EXCLUSION OF LIABILITY

  • NESTICT INFOTECH’s liability     in      contract,            tort             or           otherwise  (including     liability  for negligence) under or in connection with this Agreement is limited to Kshs one hundred thousand (Kshs 100,000). This limitation of liability is cumulative and not per incident.
  • The Customer agrees that the following exclusions of liability are

NESTICT INFOTECH, its officers, employees, sub-contractors agents and partners will not be liable to the Customer or any party for:

  • any direct, indirect, anticipated savings, goodwill, consequential, incidental or special loss, corruption or loss of data, injury, loss of life, destruction of property or damage to Customer Site or adjacent property or other costs arising out of or in connection with this Agreement in contract or tort or otherwise for any loss including as a consequence of a failure or delay in availability of the Network notwithstanding NESTICT INFOTECH’s awareness of the possibility of the Customer incurring the same;
  • any losses arising in connection with (i) Force Majeure events or other circumstances outside our control or outside our knowledge (ii) any unforeseeable acts or omissions or negligent acts on the part of NESTICT INFOTECH’s service providers, suppliers, contractors, agents or employees;
  • the loss, late receipt or non-readability of any download, transmission, or other communications or loss of data, data privacy or security transmission;
  • For any damage to the Customer Equipment or loss of data following the use of the Services. .The Customer shall be required to take reasonable precautions while using the Services and the Customer shall in addition be required to adopt such appropriate security measures against unauthorized access to and interference with the Customer Equipment, associated software or equipment, hardware and data (including back up) as the Customer deem necessary; and
  • Any charges or losses incurred as a result of or unauthorized use of the Services including following a theft of the
  • Except as provided in this Agreement, NESTICT INFOTECH provides no warranties, conditions or guarantees as to the description or quality of the Services and all warranties, conditions or guaranties implied by or expressly incorporated as a result of custom and practice, statute, common law or otherwise are hereby expressly excluded so far as is permitted by
  • NESTICT INFOTECH makes no representations or warranties of any kind whatsoever that the registration or use of a domain name under this agreement will immunize the Customer either from challenges to the domain name registration, or from suspension, cancellation or transfer of the domain name registered to the

9.                   FAULT REPORTING AND REPAIR

  • If the Customer reports a fault in the Services, NESTICT INFOTECH will repair the fault as soon as reasonably
  • If work of any kind done by NESTICT INFOTECH in response to a complaint made by the Customer of a fault in the Service reveals no such fault, or the fault is found not to be in the Service, or the fault is as a result of the Customer’s Equipment or otherwise caused by the Customer’s default or failure to comply with such operational instructions as have been issued by NESTICT INFOTECH, NESTICT INFOTECH shall be entitled to require the Customer to pay a charge for the work done by NESTICT INFOTECH or its authorized contractor and/or refund any money expended by NESTICT INFOTECH in this

10.               TERMINATION AND SUSPENSION

  • NESTICT INFOTECH may in its sole discretion suspend the Services or terminate this Agreement without liability to compensate the Customer for any period during which:
  • NESTICT INFOTECH is required or requested to comply with an order or instruction of or on recommendation from the Government, court, regulator or other competent authority;
  • The license under which NESTICT INFOTECH provides the Services is terminated or modified preventing NESTICT INFOTECH from providing the Services or for any other reason NESTICT INFOTECH is unable to provide the Service;
  • NESTICT INFOTECH reasonably suspects or believes that the Customer is in breach of the terms and conditions of this Agreement or any other terms and conditions referred to herein;
  • NESTICT INFOTECH has good reason for believing that any information given by the Customer to NESTICT INFOTECH is false or misleading;
  • Such termination is necessary following withdrawal of the domain name by the Registry;
  • A suspension is necessary to facilitate modifications to, or allow for planned maintenance of the Network provided that Customer is given reasonable notice of such suspension;
  • The Customer has not paid the Charges by the due date as provided in clause 2.
  • The Customer shall reimburse NESTICT INFOTECH for all reasonable costs and expenses incurred as a result of the suspension, termination or variation of the Services where the suspension, termination or variation is implemented by NESTICT INFOTECH as a result of any act or omission by the
  • The Customer will be liable for all periodic charges during any period of suspension where such suspension is occasioned by an act or omission of the

 11.               CONSEQUENCES OF TERMINATION

Termination shall not affect any provision of this Agreement expressed to have effect after termination, or any other rights either Party may have against the other Party subsisting at the time of termination.

12                 VARIATION OF THE AGREEMENT

  • NESTICT INFOTECH may change this Agreement at any time in order to:
  • Comply with any legal or statutory obligation including, but not limited to, any requirements from time to time under the Kenya Information and Communication Act 2008 as amended from time to time and any additional, successor or replacement legislation relating to the telecommunications industry in Kenya; or
  • Comply with the conditions of the License issued to NESTICT INFOTECH by the Communications Commission of Kenya; or
  • Comply with any final order, provisional order, direction, notice, specification, designation or consent made by the Communications Commission of Kenya relating to the Service; or
  • Change the Charges payable under this Agreement;
  • Introduce new Service features;
  • Withdraw Service features; or

 Maintain the integrity or security of the Service or the Network; or

 (i) Introduce process changes, provided they are not to the Customer’s material detriment; or improve clarity, or make corrections to typographical errors; or

  • In addition to NESTICT INFOTECH’s right to change this Agreement under clause 11.1 above, NESTICT INFOTECH may also change this Agreement at any time with the agreement of the Customer. NESTICT INFOTECH will give the Customer written notice of the changes and publish details of any change on the NESTICT INFOTECH Website at least 28 days before the change is to take effect. The Customer shall, within 28 days of the service of NESTICT INFOTECH’s notice (or such other period as may be set out in NESTICT INFOTECH’s notice) of the changes, communicate its acceptance or rejection of the proposed

 13. USE OF PERSONAL DATA

NESTICT INFOTECH may retain the data submitted by the Customer on the Application Form or which might otherwise be derived during the term of the Agreement from the Customer’s use of the Services and the Customer accepts that NESTICT INFOTECH may use the same for the following reasons:

  • Fraud prevention and law enforcement;
  • For reasonable commercial purposes connected to your use of the Service, such as marketing and research related activities;
  • To comply with any legal, governmental or regulatory requirement;
  • For use by our lawyers in connection with any legal proceedings;
  • In business practices including but not limited to quality control, training and ensuring effective systems

 14.     NOTICES AND NO WAIVER

  • Any notices in regard to any information that we may wish to send to you from time to time including but not limited to variations to these, modifications/variations to the Services or Tariffs, any promotions and other information will be through advertisement in a daily newspaper or on the NESTICT INFOTECH website nestict.com The Customer will be deemed to have been bound by such variation by continuing to use the Services.
  • Any notices for purposes of legal proceedings will be served:
  • In the case of the Customer: at the Customer’s last known billing address.
  • In the case of NESTICT INFOTECH: by hand delivery to NESTICT INFOTECH Head Office, Airport Road, Mombasa and marked for the attention of the Head of Legal & Regulatory

Such notices will be deemed to have been received 5 business days after mailing if forwarded by post and the following business day if hand-delivered or dispatched by e-mail.

“Business day” for the purposes of this clause 13 means Monday to Sunday between the hours of 0800 and 2000.

  • Any failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or

15.               ARBITRATION

  • Save as may otherwise be provided herein, all questions in dispute arising between the Parties and all claims or matters in such dispute not otherwise amicably resolved settled between the Parties within a period of thirty (30) days (or such longer period as may be agreed upon between the parties) shall be referred to
  • Every award made under this clause shall be made in accordance with the provisions of the Arbitration Act 1995 (Act No. 4 of 1995) or other Act or Acts for the time being in force in Kenya in relation to Arbitration. To the extent permissible by law the determination of the Arbitrator shall be final and binding upon the Parties.
  • Notwithstanding these Arbitration provisions, the Parties shall not be precluded from seeking urgent injunctory relief, in which case the Parties submit to the exclusive jurisdiction of the High Court of

 16.               GOVERNING LAW

The construction, validity and performance of this Agreement shall be governed in all respects by the Laws of Kenya.

KENYA POSTAL CODES

CODEPOST OFFICECODEPOST OFFICECODEPOST OFFICE
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30708ARROR40309ASUMBI40115AWACH BRIDGE
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50316BANJA50411BAR OBER20601BARAGOI
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50417BUKIRI50105BUKURA50109BULIMBO
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20138CHEBARA30706CHEBIEMIT20215CHEBORGE
30125CHEBORORWA20226CHEBUNYO20401CHEBUNYO
20222CHEMAMUL20407CHEMANER40143CHEMASE
40116CHEMELIL30206CHEMIRON30605CHEPARERIA
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30129CHEPKORIO30308CHEPKUNYUK30309CHEPSONOI
50201CHEPTAIS20410CHEPTALAL30121CHEPTERWAI
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DCMA

COPYRIGHT INFRINGEMENT TAKEDOWN POLICY AND INSTRUCTIONS

NESTICT INFOTECH has agreed to process takedown requests according to the statement below

The following statement with compliance details has been selected as NESTICT INFOTECH option for handling copyright or content ownership infringements. This policy statement does not constitute or replace NESTICT INFOTECH Terms of Use, Terms of Service, Terms and Conditions, Acceptable Use Agreement or any other terms referenced or published on this website or others owned by NESTICT INFOTECH. Nor does this policy act as a replacement of the stipulations, condition and the site owner’s obligations under the copyright laws of the country in which the NESTICT INFOTECH is registered.
Below is our specific action instructions related to processing Copyright Infringement (DMCA) Takedowns for this specific website.

  1. NESTICT INFOTECH follows the process prescribed below to remove claimed content copyright infringement. Upon receipt of notice as prescribed below, NESTICT INFOTECH will remove or request that a third party remove Content from the NESTICT INFOTECH website that infringes the copyright of others and to the extent we are able to do so we will disable access to our Service by anyone who repeatedly infringes the intellectual property rights of others. NESTICT INFOTECH processes claims of copyright infringement in accordance to the laws of the jurisdiction of the corporation related to NESTICT INFOTECH as detailed within terms of use, terms of service, Acceptable Use Agreement or any other terms referenced or published on this website.
    NESTICT INFOTECH will also process claims of copyright infringement upon receipt of written notification provided in the manner prescribed below or through the approved online application below. NESTICT INFOTECH will:
    1. Act expeditiously to remove, or disable access to, the Content that is claimed to be infringing or to be the subject of infringing activity; Forward the written notification to the alleged infringing party (defendant); and
    2. Take reasonable steps to promptly notify the Content provider that NESTICT INFOTECH have removed or disabled access to the allegedly infringing Content.
  2. If you believe that your work has been copied, adapted, reproduced, or exhibited on this website in a way that constitutes copyright infringement, or if you believe that your work has been rebroadcast, redistributed, re-streamed, encoded or transcoded or otherwise reproduced in a way that violates your intellectual property rights, and you would like NESTICT INFOTECH to remove the allegedly infringing Content from the NESTICT INFOTECH website you must provide written notice of the claimed infringing activity or complete the approved online application below. Your notice must include substantially the following information:
    1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
    2. Identification of the copyrighted work (or works) that you claim has been infringed;
    3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
    4. A clear description of where the infringing material is located on the web site and / or NESTICT INFOTECH network, including as applicable its URL, so that NESTICT INFOTECH can locate the material;
    5. Your name
    6. Your address
    7. Your telephone number
    8. Your e-mail address;
    9. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    10. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING NESTICT INFOTECH, OUR DESIGNATED CONTACT OR AGENT THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

NESTICT INFOTECH or NESTICT INFOTECH’s designated agent to receive notification of claimed infringement is:

support@nestict.com

 MOMBASA, KENYA
Attn: Legal Department

  • Counter Notification
    If you are a customer or NESTICT INFOTECH website user who has received notice from us that your material has been removed following our receipt of a notice of claimed copyright infringement, and you are the owner of the allegedly infringing material or are otherwise authorized to use such material (including ‘fair use’), you may provide written counter notification to our designated agent listed above. Your counter notification must include substantially the following information:
    1. Your physical or electronic signature;
    2. Identification of the allegedly infringing material including the location at which the material appeared before it was removed or access to it was disabled;
    3. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification;
    4. Your name
    5. Your address
    6. Your telephone number
    7. Your e-mail address;
    8. A statement that you consent to the jurisdiction of the judicial district in which you are located, or of any judicial district in which NESTICT INFOTECH does business, and that you will accept service of process from the complaining party or its agent.

Upon receipt of written counter notification provided in the manner above, NESTICT INFOTECH will:

  1. Promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that the NESTICT INFOTECH will replace the removed material or cease disabling access to it in 10 business days; and
  2. Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless the NESTICT INFOTECH designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the Customer from engaging in infringing activity relating to the material on NESTICT INFOTECH’s system or network.

Please note: NESTICT INFOTECH cannot and do not judge the merits of your claim (or counterclaim).
Accordingly, NESTICT INFOTECH will not remove, or disable access to, any allegedly infringing material, nor restore any material that has been so removed, except according to the procedure set forth herein.

NESTICT INFOTECH or NESTICT INFOTECH’s designated agent to receive notification of Counter claim Notification is:

support@nestict.com

 MOMBASA, KENYA
Attn: Legal Department

This statement of copyright infringing takedown process also known as DMCA Takedown has been provided to NESTICT INFOTECH by Digital Millennium Copyright Services Ltd (DMCA.com) as a convenience service.

It has been edited for brevity and ease of finding specific action instructions related to processing Copyright Infringement (DMCA) Takedown Notices specifically for this website.

This policy statement does not constitute law or legal practice nor does it replace NESTICT INFOTECH Terms of Use, Terms of Service, Terms and Conditions, Acceptable Use Agreement or any other terms referenced or published on this website or others owned by site owner. Nor does this policy act as a replacement of the stipulations, condition and the site owner’s obligations under the copyright laws of the country in which the NESTICT INFOTECH is registered.

DMCA.com has provided this statement purely for the convenience of the website owner and the site users.
DMCA.com makes no statement of claim regarding the content contained and published the website on which this statement has been placed.
DMCA.com makes no statement of claim regarding the content contained on the website on which this statement has been placed.
DMCA.com makes no statement of claim the site owner will follow the above detailed copyright infringement removal process as detailed.

If you find this statement has being abused and used in violation with DMCA.com Terms of Service or Terms of Use, please contact compliance_abuse@dmca.com

Copyright infringement claims completed as prescribed above will be processed through: support@nestict.com

GUIDE

NESTICT INFOTECH GUIDE

1. WORKING HOURS SCHEDULE

WEEKDAYOPENING HOURSCLOSING HOURSSUPPORT HOURS
MONDAY08:00:0020:00:0024-HOURS
TUESDAY08:00:0020:00:0024-HOURS
WEDNESDAY08:00:0020:00:0024-HOURS
THURSDAY08:00:0020:00:0024-HOURS
FRIDAY08:00:0020:00:0024-HOURS
WEEKENDOPENING HOURSCLOSING HOURSSUPPORT HOURS
SATURDAY08:00:0017:00:0024-HOURS
SUNDAY08:00:0017:00:0024-HOURS
PUBLIC HOLIDAYS09:00:0017:00:0024-HOURS
INTL HOLIDAYS08:00:0020:00:0024-HOURS

2. EXPLORING MENUS

1. HOME

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 2. BLOG

You access our articles describing our products, services and other updates. Articles help in understanding our website more

 3. PRODUCTS & SOFTWARE

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4. ONLINE SERVICES

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  • ONLINE SERVICES LIKE KENYAN GOVERNMENT E-SERVICES (E-CITIZEN)
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