Terms of Service

1.About this agreement#

These Terms of Service ("Terms") are an agreement between Avitech Solutions Ltd, a company registered in Kenya that provides CoreSync through its Avitech Cloud Services business ("Avitech", "we", "us"), and the internet service provider that signs up for CoreSync ("you", "the ISP").

You accept these Terms when you create a CoreSync account, sign an order form that refers to them, or use the platform. If you accept them for a company, you confirm that you're authorised to bind it.

These Terms include the documents they link to: the Privacy Policy, the Data Processing Agreement, the Acceptable Use Policy and the Service Levels. If a signed order form or agreement says something different on a point, the signed document wins on that point.

2.Words we use#

• CoreSync or the platform: the software and services we provide, including your admin portal, your subscribers' self-service portal, hotspot pages, payment links, the RADIUS service, network device management, the APIs and the mobile apps.
• Users: the people you give access to your CoreSync account, such as your staff, technicians and resellers.
• Subscribers: your customers, the people and businesses you sell internet service to, including hotspot buyers.
• Active user: a subscriber that was active at any point in a calendar month. It's the unit we bill.
• Your data: everything you, your users or your subscribers put into CoreSync, and everything your network equipment and payment accounts send to it.
• Order: the plan and any extras you choose at sign-up, or later in writing, including by email.

3.The service#

We provide CoreSync as an online service. We host it, run it, keep it updated and fix faults. You don't install anything, apart from connecting your own network equipment to it.

What each plan includes is listed on the pricing page when you order. Basic covers the billing core. Premium covers the whole platform, apart from third-party services or costs that can't be put through our invoicing.

We improve CoreSync continuously, so features change. We won't remove a core feature of a plan you're paying for without telling you at least 30 days before, unless we must for legal or security reasons.

Features marked as beta, early access or credit-based, such as the AI assistant, are provided as they are. They may change faster than the rest of CoreSync, and the Service Levels don't apply to them.

4.Your account and users#

Each ISP gets its own workspace at its own address, such as yourisp.coresyncisp.com. You decide who gets access and what each user can do, using roles and permissions.

• Give each person their own account and keep sign-in details private. Shared logins make it impossible to tell who did what.
• You're responsible for what your users do in your account, including the extensions, credits and refunds they approve.
• Remove access promptly when someone leaves your team.
• Tell us straight away if you think your account has been misused.

Our staff may access your account to set it up, migrate your data, support you and keep the platform secure. We limit that access to what those purposes need.

5.Your responsibilities as an ISP#

CoreSync is a tool for running your business. You remain the internet service provider, so:

• You hold, and keep, any licence the Communications Authority of Kenya or your country's regulator requires for the services you sell.
• You set your own prices, plans and terms with your subscribers, and you're responsible for keeping to them and to consumer protection law.
• You decide what personal data to collect about your subscribers and why. You're the data controller for it, and you give your subscribers the privacy notice the law requires.
• Your payment accounts, such as an M-Pesa paybill or till, a bank account or KopoKopo, are in your name. Your agreements with those providers are between you and them.
• When you send SMS or email to subscribers through CoreSync, you have the right to contact them, and you use a Sender ID you're entitled to.
• The data you enter or import is accurate, and you have the right to give it to us.
• You follow the Acceptable Use Policy.

6.Connecting your network equipment#

To bill and manage your network, CoreSync connects to the routers, OLTs, ONUs and other equipment you add. By adding a device, you authorise us to reach it through a secure tunnel, read its status, and make the configuration changes the platform needs, such as RADIUS settings, PPPoE profiles, firewall and address-list entries, and ONU authorisation. Anything CoreSync creates on your devices is named and commented "coresync", so you can always tell it apart.

Changes your users make to devices through CoreSync are your instructions. Before you connect a device, make sure you have a working backup and your own admin access to it. We keep automatic configuration backups of connected MikroTik routers for up to two months, as a convenience rather than as your only backup.

Keep your equipment's firmware current and its passwords strong. An outdated or exposed router can be taken over whatever billing system it's connected to.

7.Your subscribers' payments#

Your subscribers pay directly into your own payment accounts. CoreSync receives notifications of those payments from your providers, matches them to subscribers and renews their service. We don't hold your subscribers' money, and we aren't a payment service provider.

Payment providers sometimes send notifications late, twice or not at all. CoreSync has checks for this, and you can match, move or reverse payments in the platform, but your provider's statement remains the final record of what you received.

8.Fees and invoices#

You pay the fees for your plan as published on the pricing page when you order, or as agreed in your Order. In summary:

• Plan fees are charged per active user per month. The number of active users sets the price band, and that band's rate applies to all of them.
• Hotspot buyers aren't counted as users. Instead, we charge 3% of your hotspot collections.
• A one-time deployment fee of USD 50 is charged when we set you up.
• AI assistant credits are bought in advance and used as you go.
• Third-party costs, such as SMS bundles, Sender ID registration, M-Pesa transaction charges and bank fees, are paid by you to those providers and aren't included.

We invoice monthly, after the end of each month, for the active users in that month. Invoices are due 14 days after the invoice date. Where VAT or another tax applies, it's shown on the invoice.

If you think an invoice is wrong, tell us within 14 days and pay the part you don't dispute. We'll look into it in good faith and correct it if we got it wrong.

We may change our prices by giving you at least 30 days' notice. New prices apply from the first invoice after the notice period.

9.Late payment and suspension#

If an invoice is unpaid when it's due, we'll remind you. If it stays unpaid, we may suspend your account after giving you at least 7 days' written notice, and we'll lift the suspension once the overdue amount is paid.

We may also suspend all or part of the service immediately if that's needed to stop a security threat, serious harm to the platform or to other ISPs, or a clear breach of the Acceptable Use Policy. We'll tell you why as soon as we can, and restore service once the problem is dealt with.

10.Refunds#

Plan fees are invoiced after each month, so there's normally nothing prepaid to refund. The deployment fee isn't refundable once we've started setting you up, and AI credits aren't refundable once used.

If we end the agreement for our convenience, or because we breached it, we'll refund anything you prepaid for the period after it ends, including unused AI credits.

11.Your data#

You own your data. You permit us to host, copy, process and display it only as needed to provide CoreSync to you, support you, keep the platform secure and meet our legal obligations.

Where your data includes personal data, we process it as your data processor under the Data Processing Agreement, which forms part of these Terms.

You can ask us for a complete copy of your data at any time.

We may compile and publish statistics across all ISPs on CoreSync, such as total subscribers or payments processed, as long as they don't identify you, your subscribers or any person.

12.Confidentiality#

Each of us will keep the other's confidential information private, use it only for this agreement, and share it only with staff, contractors and advisers who need it and are bound to keep it confidential. Confidential information includes your data and our non-public product information, and anything else a reasonable person would understand to be confidential.

This doesn't apply to information that's public through no fault of the side receiving it, that it already knew, or that it must disclose by law. Where the law requires disclosure, the side disclosing will warn the other first, where it's allowed to.

13.Intellectual property#

We own CoreSync, including its software, designs, documentation and the CoreSync name. While this agreement lasts, you may use CoreSync to run your ISP. You may not copy, resell or reverse engineer it, or use it to build a competing product.

You own your brand and your data. You permit us to show your name, logo and colours in your portals and in messages to your subscribers. Unless you tell us not to, we may also name you as a CoreSync customer.

If you send us ideas or feedback, we may use them without owing you anything.

14.Third-party services#

CoreSync works with services we don't control, such as Safaricom M-Pesa, banks, SMS gateways, email providers, map providers and AI models (see Sub-processors). Their terms apply to your use of them, and we aren't responsible for their outages, charges or changes. When one of them changes in a way that breaks an integration, we'll work to restore it promptly.

15.Availability and support#

Our availability commitment, maintenance windows, support hours and service credits are in the Service Levels.

16.What we promise, and what we don't#

We'll provide CoreSync with reasonable skill and care, in line with good industry practice.

Apart from that, and anything the law doesn't let us exclude, CoreSync is provided "as is". We don't promise it'll be free of every error or interruption, or that it'll suit every way you run your business. Reports, AI assistant answers and suggestions, such as payment matches or fault diagnoses, are there to help you decide. Check them before acting on them.

17.Limits on liability#

Neither of us is liable to the other for loss of profits, revenue, business or goodwill, or for indirect or consequential loss, however it's caused.

Each side's total liability under this agreement in any 12-month period is limited to the fees you paid or owed us in the 12 months before the event that gave rise to the claim.

These limits don't apply to your obligation to pay fees, or to liability that the law doesn't allow to be limited, such as liability for fraud, or for death or personal injury caused by negligence.

18.Indemnities#

You'll defend us against, and cover our reasonable costs from, claims by third parties, including your subscribers and regulators, that arise from your services, your dealings with your subscribers, the data you put into CoreSync, or your breach of these Terms.

We'll defend you against, and cover your reasonable costs from, claims that CoreSync as we provide it infringes someone's intellectual property rights in Kenya. If that happens, we may change CoreSync, get the right for you to keep using it, or end the agreement and refund anything you prepaid.

The side asking for protection must tell the other promptly, let it control the defence, and help where reasonable.

19.Term and ending the agreement#

This agreement runs month to month, from the day you create your account until either of us ends it.

• Either of us can end it for any reason by giving 30 days' written notice.
• Either of us can end it immediately, by written notice, if the other materially breaches it and doesn't fix the breach within 14 days of being told, or becomes insolvent.
• We can end it if a suspension for non-payment has lasted 30 days.

20.What happens when it ends#

• Your account is locked, and CoreSync stops serving your network and subscribers: RADIUS sign-ins, payment matching and messages stop. Plan your move before the end date.
• We tell you the date your data will be deleted, at least 14 days after your account is locked, and remind you before it. Until that date, the termination can be undone.
• Before deletion, we make a complete copy of your data, which you can download. We keep that copy for one year, so you can still ask for it, and then delete it.
• You pay fees up to the end date. We keep our own invoices and payment records for as long as tax law requires.
• Clauses that by their nature should continue, including fees owed, confidentiality, liability, indemnities and governing law, continue.

21.Changes to these Terms#

We may update these Terms. For material changes, we'll give you at least 30 days' notice by email or in your admin portal. If you don't agree, you can end the agreement before the changes take effect. Continuing to use CoreSync after that means you accept them.

22.Events beyond control#

Neither of us is responsible for delays or failures caused by events outside reasonable control, such as power failures, fibre cuts, failures of Safaricom or other carriers, natural disasters, civil unrest, government action or internet-wide outages. This doesn't excuse paying for service received.

23.Governing law and disputes#

These Terms are governed by the laws of Kenya.

If we have a dispute, senior people from both sides will first try to settle it in good faith within 30 days. If that fails, it goes to arbitration in Nairobi under the Arbitration Act, 1995, before a single arbitrator agreed by both sides or, failing agreement, appointed by the Chairperson of the Chartered Institute of Arbitrators (Kenya Branch). The arbitration is in English, and the award is final and binding.

Either side can still ask a Kenyan court for urgent relief, such as an injunction.

24.General#

• Notices. We send notices to your account owner's email or show them in your admin portal. You send notices to hello@coresyncisp.com.
• Transfer. You may not transfer this agreement without our written consent. We may transfer it to a company that takes over CoreSync, and we'll tell you if we do.
• Entire agreement. These Terms, the documents they link to and your Order are the whole agreement about CoreSync, and replace earlier discussions about it.
• Severability. If a court finds part of these Terms unenforceable, the rest stays in force.
• No waiver. Not enforcing a right straight away doesn't mean giving it up.
• Independence. We're independent contractors. Nothing here creates a partnership, agency or employment.

25.Contact#

Avitech Solutions Ltd (Avitech Cloud Services), Avitech House, 5 Mirema Drive, 1st Avenue, Nairobi, Kenya. Email hello@coresyncisp.com.