Last updated: 6 May 2024
The customer (the “Customer”) has requested access to the legal practice management software, SHERIA360, or its additional modules and apps (collectively the “Program”). the Customer, and each of its users, agree that the Program is subject to the terms of the following subscription agreement (“Agreement”).
This agreement is entered between SHERIA360, having its main office in Nairobi-Kenya, hereinafter referred to as “We” or “SHERIA360” and the payer or/and the recipient of services hereunder identified as part of the subscription process for SHERIA360 Services, hereinafter referred to as “You” or “Customer”.
By accepting these terms and conditions, the Customer affirms that he is of legal age and legally capable of entering into a contract. In case the Customer is acting on behalf of a business entity, he affirms and warrants that he holds a valid authorization to enter into agreement on the entity’s behalf The Customer also confirms that he is not a competitor of SHERIA360.
Therefore, by signing-up, ordering, and/or using SHERIA360’s services, the Customer agrees to be bound by all the terms and conditions of this agreement (hereinafter referred to as the Agreement).
The Customer and SHERIA360 both hereby agree to the following terms & conditions:
SHERIA360 offers legal practice management software and services (the Services) which includes the following:
For any issue related to the Services, Customer may contact SHERIA360’s support by emailing [email protected] or raising a support ticket from SHERIA360 Service Desk accessible from the Program used by the Customer. Only the Customer or the Customer’s authorized users may contact SHERIA360’s support teams.
If the Customer registers for a free trial of the Services, SHERIA360 will make the Services available on a trial basis and free of charge to the Customer until the earlier of (a) the end of the free trial period or (b) the start date of Customer’s subscription. If SHERIA360 includes additional terms and conditions on the trial registration Web page, those will apply as well. During the free trial period:
The Customer hereby agrees to use the Services only in an authorized manner as per the terms of this Agreement. In case it is found that the Customer’s use of Services violates the terms of this Agreement or any other law, rule or regulation enacted by the concerned authorities from time to time, SHERIA360 reserves the right to terminate the Agreement with immediate effect.
Each user requires a unique user ID and password to use the Program. Customer’s users are allowed to choose each their own credentials as long as their user IDs are not already in use, aren’t inappropriate or offensive and don’t infringe upon anyone else’s rights. SHERIA360 doesn’t authorize sharing user IDs. Passwords and credentials are encrypted and shall respect a strong format set at the pages of signup and login to the Program.
It is important that Customer closely monitors the status and identity of each user on its account – particularly users to whom Customer assigns administrative access. Each user has certain abilities and access rights provided by the Program, and SHERIA360 assumes no responsibility for acts inconsistent with the guidelines below. Generally, the party who initially activated the account (“Account Owner”) from Customer has the authority, during the period for which the party has paid for access to the account, to: (a) cancel the account (b) add, edit, and delete users (including the ability to grant or deny access to “administrative access” and grant or deny access to other functionalities in the Program ); and (c) access any and all data in the account, including the authority to contact SHERIA360’s support.
SHERIA360 warrants that it will, at its expense, make needed efforts, to correct any errors for which SHERIA360 is directly and solely responsible, provided that the data necessary to correct such errors is available to SHERIA360; or at SHERIA360’s discretion. It will also provide service credit to the Customer equivalent to the charge that would have been applicable for correcting the portion of the Service that is an error; such service credit will be only for errors solely due to malfunctioning of the Program or any error made by SHERIA360’s personnel during the performance of the Services. For SHERIA360 to correct the errors or obtain the service credit, the Customer must notify SHERIA360 in writing of such errors within 30 days of receipt of the Services believed to contain the errors.
Control, and be responsible for the use of account information and user IDs related to the Services.
The initial subscription term shall begin on the effective date of Customer subscription and expire at the end of the period selected during the subscription process.
After placement of order, the Customer is entitled to cancel the order free of charge within a period of 15 days with money back guarantee on subscription fees.
Unless one of the parties gives the other a written notice that he does not intend to renew the subscription, the paid subscription and this Agreement will automatically renew for the period selected by the customer in its latest term (“Renewal Subscription Term”). The written notice of non-renewal must be sent at least 15 days before the end of the Subscription Term. The Renewal Subscription Term will be on the current terms and conditions of this Agreement, and subject to the renewal pricing provided in our standard pricing available on SHERIA360 website https://www.sheria360.com/. Should you decide not to renew, you may send the notice of non-renewal by email to [email protected] or use the cancellation option within the product interface.
Customer may terminate this Agreement before the end of the Term without liability (except for amounts due for Services provided up to the effective date of termination) if SHERIA360:
In the event that this Agreement is terminated pursuant to this Section, SHERIA360 will return the fees paid to it for Services not yet performed pro rata.
SHERIA360 may terminate this Agreement or suspend the Services before the end of the Term without liability:
During suspension, the Customer will not be able to access the Services. SHERIA360 will use reasonable efforts to give Customer an advance notice in writing of suspension of Service unless a law enforcement or governmental agency directs otherwise or suspension without notice is necessary to protect SHERIA360 or its other customers.
Following suspension, SHERIA360 shall keep the Customer’s account suspended for the reasons stated above for a maximum period of 90 days. After this period, the account will be deleted and Customer’s data/information with all related backups will be permanently removed from the database of SHERIA360. However, on special request and provided that the Customer assures SHERIA360 in a timely manner about resumption of Service, SHERIA360 may consider extending the period of suspension and retain the data/information for further specified period of time as agreed with Customer.
Following termination, whether initiated by the Customer or SHERIA360, the Customer’s data and account settings shall be irrevocably deleted within 90 days from the date of termination.
The Customer can also notify SHERIA360’s support at any time after termination to delete its data permanently from SHERIA360 servers; and in this case, SHERIA360 support shall delete Customer’s Program and data within twenty-four (24) hours.
It shall be the Customer’s exclusive responsibility to secure all necessary data from Customer’s account prior to termination. SHERIA360 shall not be held responsible for any loss or deletion of information that may occur.
Google Calendar SHERIA360 integrates with Google Calendar to have a two-way sync between SHERIA360 calendar & Google’s calendar. SHERIA360 processes list of calendars in Google, meetings, attendees & timings. SHERIA360 doesn’t store attendees’ information.
The fees set forth in the order form created at the outset of Customer’s account shall be effective for the Initial Term and each renewal Term of this Agreement, provided that SHERIA360 shall have the right to revise these fees at any time upon thirty (30) days’ written notice to the Customer. In the event that the Customer does not agree with such fee revision, Customer shall have the right to terminate this Agreement upon fifteen (15) days’ written notice, provided that such notice of termination must be received within sixty (60) days from the date of notice of fee increase.
SHERIA360 will bill the Customer on an annual or any other mutually agreed period basis for all recurring fees published on SHERIA360 website https://www.sheria360.com/. For recurring fees, no refund or adjustment for plan downgrades, upgrades or elimination of plan features within the current billing term shall be issued. Invoices/payments are irrevocably deemed final and accepted by the Customer unless disputed or sought clarification before subscribing to the Service. The Customer shall at all times provide and keep current and up‐to‐date Customer’s contact, credit card, if applicable, and billing information on the secure administrative control panel of the Program used by the Customer.
If the Customer is paying by credit card, the Customer shall at all times provide and keep current and updated Customer’s contact, credit card, if applicable, and billing information on the secure administrative control panel. Customer authorizes SHERIA360 to charge the Customer credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. Customer further authorizes SHERIA360 to use a third party to process payments and to consent to the disclosure of Customer payment information to such third party.
Customer acknowledges that the all-applicable taxes, duties or government levies whatsoever are not included in the fees and expenses charged under this Agreement. Customer will make timely payment of all such taxes, duties or government levies related to this Agreement.
SHERIA360 may update, amend, modify or supplement the terms and conditions of this Agreement from time to time and will use reasonable efforts to notify the Customer regarding the changes. The Customer is responsible for regularly reviewing the most current version of this Agreement at any time. If at any time the Customer does not agree with any amendment, modification or supplement to the terms and conditions of this Agreement, the Customer may terminate this Agreement for convenience, as per Clause 8 mentioned aforesaid. The Customer’s continued use of the Customer’s account and/or the services after the notice period will be conclusively deemed to be acceptance by the Customer of any such modifications or amendment.
SHERIA360 provides the Services “as is”. Customer expressly agrees that use of the Services is at Customer’s sole risk. SHERIA360 and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement. Customer hereby agrees that the terms of this Agreement shall not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this Agreement.
SHERIA360 and its subsidiaries, affiliates, officers, employees, agents, partners, vendors and licensors shall not be liable for any indirect, incidental, special, punitive or consequential damages, including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like, that result from the use or inability to use the Service or from mistakes, omissions, interruptions, deletion of files or directories, errors, defects, delays in operation, or transmission, regardless of whether SHERIA360 has been advised of such damages or their possibility.
Customer is fully responsible for the content of the information and data passing through SHERIA360’s network or using the Services and for all activities that Customer conducts with the assistance of the Services.
Notwithstanding anything to the contrary contained in this Agreement, SHERIA360’s aggregate liability under or in connection with the Agreement, whether arising from contract, negligence or otherwise, shall in any event not exceed the amount paid by Customer under the Agreement in the preceding 12 months.
All Intellectual Property Rights, including any Software, owned by a party, its licensors or subcontractors as on the effective date of this Agreement shall continue to be owned by such party, its licensors or subcontractors and, except as expressly provided in this Agreement, the other party shall not acquire any right, title or interest in or to such Intellectual Property Rights. SHERIA360 shall own all rights, titles and interests in and to any materials created or developed by SHERIA360 or its subcontractors.
The Program and any information provided by it, other than the Customer’s data, is protected by copyright and other intellectual property rights and is owned by or licensed to SHERIA360 or any of its group companies. Any development or adaptations made to such intellectual property by Customer shall vest in SHERIA360. The Customer shall notify SHERIA360 of any actual or suspected infringement of SHERIA360’s intellectual property rights and any unauthorized use of the Program that the Customer is aware of. No intellectual property rights are assigned to the Customer.
The Customer represents and warrants that no uploaded material or Customer data will infringe third party rights or intellectual property rights and will not contain any material that is obscene, offensive, inappropriate or in breach of any applicable law.
Customer agrees to let SHERIA360 use its organization’s logo in SHERIA360’s customer list and at other places on its website.
Customer can notify SHERIA360 to remove its organization’s logo from SHERIA360’s website in a written notice and SHERIA360 shall remove it within fifteen (15) days.
Customer agrees to grant to SHERIA360, solely for SHERIA360’s provision of the Services, access to any tool or application used by the Customer and required by SHERIA360 in order to troubleshoot and perform its Services, license during the Term to use any Intellectual Property Rights, including any Software, owned by or licensed to the Customer by third parties and that is necessary for providing the Services to Customer and otherwise, performing its obligations under this Agreement. With respect to any Intellectual Property Rights and Software used by SHERIA360 to provide the Services, Customer represents and warrants that: (a) Customer is either the owner of such Intellectual Property Rights or Software or is authorized by its owner to include it under this Agreement; and (b) SHERIA360 has the right during the Term to use such Intellectual Property Rights and Software for the purpose of providing the Services to Customer as contemplated by this Agreement.
Customer acknowledges that SHERIA360 makes no representation, warranty or assurance that Customer’s equipment and software will be compatible with SHERIA360’s equipment, software and systems or the Services.
Customer and SHERIA360 shall indemnify, defend and hold harmless each other (and their subsidiaries, affiliates, officers, employees, agents, partners, mandatories, vendors and licensors) of any and all Claims (including third-party Claims) arising as a result of or in relation to any breach of this Agreement or fault by the other party.
This Agreement shall be governed by and construed in accordance with the laws of Kenya. The Customer agrees, in the event any claim or suit is brought in connection with this Agreement, it shall be brought to the non-exclusive jurisdiction of the courts of Nairobi.
In the event that anyone or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any of the other provisions of this Agreement; and this Agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by SHERIA360 of any breach by the Customer of any of the provisions of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No such waiver shall be effective unless it is in writing signed by the parties hereto and then only to the extent expressly set forth in such writing.
Neither party may assign or transfer this Agreement or any rights or obligations hereunder, in whole or in part, except with the prior written consent of the other party, which shall not be withheld unreasonably; provided that SHERIA360 may assign or transfer this Agreement, or any rights or obligations hereunder, in whole or in part: (i) to an affiliate of SHERIA360; or (ii) in connection with a merger, amalgamation or sale of all or a substantial part of the business of SHERIA360, which assignments and/or transfers shall operate novation and discharge SHERIA360 hereunder. A change of control of the Customer shall be deemed to be an assignment and transfer hereunder and shall be governed by the requirements of this provision.
The terms and conditions along with privacy policies with all references, constitute the sole and entire Agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersede all prior terms and conditions which were agreed by the Customer.
Neither party shall be held liable for any failure or delay in performing their obligations under this Agreement due to a Force Majeure Event. A “Force Majeure Event” refers to circumstances beyond a party’s control, including but not limited to acts of nature, war, strikes, or government actions. If a Force Majeure Event occurs, the affected party will promptly notify the other party and make reasonable efforts to resume performance. During the event, both parties’ obligations will be temporarily suspended. If the event continues beyond a specified time frame, either party may terminate the Agreement without liability.