Effective Date: July 25, 2025
Welcome to Xeplas (referred to as "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website,
By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy. If you do not agree with any part of these Terms, you must not access or use the Site.
We reserve the right to modify these Terms at any time. We will notify you of any changes by updating the "Effective Date" at the top of these Terms. Your continued use of the Site after any such changes constitutes your acceptance of the revised Terms.
1. Services Offered
Xeplas provides [briefly describe your services, e.g., "digital consulting services," "web development solutions," "strategic marketing advice"]. The specific details, scope, and pricing of services will be outlined in separate proposals, agreements, or contracts that will be entered into directly between Xeplas and the client. These Terms govern your general use of the Site and any preliminary interactions, but do not constitute a service agreement themselves.
2. Eligibility
By using the Site, you represent and warrant that you are at least 18 years of age or are visiting the Site under the supervision of a parent or guardian. If you access the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. User Accounts (If Applicable in Future)
If Xeplas introduces user accounts, you may be required to register for an account to access certain features. If so:
4. Intellectual Property Rights
a. Personal Data You Provide Directly:
All content on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, as well as the compilation thereof, and all trademarks, service marks, and trade names, are the property of Xeplas or its content suppliers and protected by international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as generally and lawfully permitted by the functionalities of the Site (e.g., sharing blog posts on social media).
b. User-Generated Content (Comments):
5. Prohibited Activities
You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. This includes, but is not limited to:
6. Affiliate Marketing Disclosure
Some links on our Site, particularly within our blog content, may be affiliate links. This means that if you click on such a link and make a purchase or complete another action on the linked third-party website, we may earn a commission from that third-party, at no additional cost to you. We aim to only promote products or services that we believe are of high quality and value. This helps support our Site and allows us to continue creating valuable content.
7. Disclaimers
a. Personal Data You Provide Directly:
The content on this Site, including blog posts, articles, and service descriptions, is provided for general informational purposes only. While we strive to ensure the information is accurate and up-to-date, Xeplas makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
b. Professional Advice:
The content on this Site does not constitute professional advice (e.g., legal, financial, or business consulting advice). You should not act or refrain from acting on the basis of any content included in this Site without seeking appropriate professional advice on your particular circumstances.
c. Third-Party Websites:
The Site may contain links to third-party websites or services that are not owned or controlled by Xeplas. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Xeplas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XEPLAS, ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Indemnification
You agree to defend, indemnify, and hold harmless Xeplas and its owners, directors, employees, affiliates, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:
10. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.
You agree to submit to the exclusive jurisdiction of the courts located in Nairobi, Kenya for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.
11. Dispute Resolution
In the event of any dispute or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to explore mediation. Any unresolved dispute shall be submitted to the exclusive jurisdiction of the courts of Kenya, as specified in Section 10.
12. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Waiver
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14. Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and Xeplas regarding our Site, and supersede and replace any prior agreements, oral or otherwise, regarding the Site.
14. Contact Us
If you have any questions about these Terms, please contact us:
Xeplas
Email: info@xeplas.com