ERESIDENT services shall be provided to you on the terms and conditions set forth in this Agreement for Services (the "Agreement") by Eresident Limited. Services may include, but are not limited to, payment of rent, payment of service charge and payment of utility bills such as water (each a "Service" and collectively the "Services"). The terms and conditions in the "GENERAL TERMS AND CONDITIONS" section below are applicable to all Services unless otherwise indicated. We may change our prices, fees, the Services and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior Notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the end of the notice period (the "Effective Date") of the change, we will consider that you have accepted the changes.
GENERAL TERMS AND CONDITIONS
- Acceptance of the Services: You accept that you are duly bound to acquaint yourself with the detailed process and operating instructions for using ERESIDENT upon registration. ERESIDENT will not be held responsible for any error or omissions in the use of its services. Any person using the ERESIDENTS’ services will be deemed to have read, understood and agreed to be bound by these Terms and Conditions and any other conditions as shall be agreed upon between the parties from time to time.
- Services: ERESIDENT reserves the right to determine the services that will be offered and will from time to time determine or specify the scope and features of the ERESIDENT portal and may further modify, expand or reduce the services at any time with without any reference to you unless the said modification or expansion would significantly affect your rights of use of the portal. By signing up to the ERESIDENT portal, you agree to be bound by any future modifications, expansions, enhancements, deletions or adjustments made by ERESIDENT.
Registration and instructions on the portal:
- Registration: You will not be successfully registered on ERESIDENT unless you have duly filled in the requisite online forms and attached the required supporting documents. You can only own one ERESIDENT account for the multiple services and activities to be undertaken on ERESIDENT but can open sub-accounts for each of the housing units that you own or manage on the portal.
- Instructions: Instructions in respect of an account must be given by you or on your behalf by a duly authorised person strictly in accordance with the authorizations or mandates for the time being in effect in respect of such an account. All instructions issued in the portal through your account shall be presumed to have been given in accordance with the authorizations or mandate in effect in respect of such Account. You shall be solely responsible for all the transactions and consequences arising out of your account. ERESIDENT will not assume responsibility or liability for unauthorized transactions directly emanating from your account.
- Collection of data: ERESIDENT shall collect the information necessary for the provision of the services on the portal. The information collected shall include identification information, banking information including details of bank account held and used on the portal, proof of tenancy of premises, contact information.
- Suspicious Activities: You accept that you shall bring to the attention of ERESIDENT any suspicious activity including but not limited to, discrepancy or mutilation of the Personal Identification Number and identity theft.
- Charges and Billing:
- Charges and Fees :
- Third party charges: You acknowledge that you may incur other charges from third parties apart from our charges. You agree to pay all charges associated with the Services and any fees or payment obligations imposed by governmental or quasigovernmental bodies for the provision of the Services. You agree to pay any fees or charges levied by your bank on your bank account connected to the Services and agree to indemnify ERESIDENT of such charges and/or fees.
- Payment by Credit Card, Master Card or Visa Card: If you use a credit card, Master Card or Visa card to pay for the Services, that use is governed by the card issuer agreement for that card, and you must refer to that agreement for your rights and liabilities as a cardholder.
- Late or non-payment: You acknowledge that the timelines for payment of services payable under the portal are governed by a separate agreement between you and your Landlord and/or service provider and agree to indemnify ERESIDENT of any liability arising from your inability or failure to abide by such an agreement. You accept responsibility to dutifully abide by the terms of the Lease or Tenancy Agreement by dutifully paying all the rents and charges when they fall due.
- Accuracy of Information:
- Information provided to Eresident: During the term of this Agreement you warrant ERESIDENT that all the information that you have provided regarding your identity is true, accurate, correct and verifiable. You agree to notify us promptly, in accordance with the terms of this Agreement, if there is any change in the information that you have provided to us. If you fail to provide and maintain accurate information, you will breach this Agreement.
- Information provided to Third Parties: ERESIDENT is not responsible for any information provided by you to third parties, and this information is not subject to the privacy provisions of this Agreement or the privacy notice for the Services. You assume all privacy, security and other risks associated with providing personally identifiable information to third parties for use of the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.
- Indemnity: You accept that you shall indemnify and keep ERESIDENT free and harmless against all actions, claims, demands, liabilities, losses, damages, legal fees, costs, expenses of whatever nature that may result or which ERESIDENT may sustain, suffer or incur as a result of your negligence, fraud, misrepresentation, collusion or violation of these terms and conditions. You further agree and confirm that this indemnity shall remain valid, subsisting and binding upon you notwithstanding withdrawal, either partially or in totality, of ERESIDENT.
- Security and Confidentiality: You acknowledge that you assume full responsibility for the security and confidentiality of your Password, Personal Identification Number and log in credentials on the ERESIDENT portal.
- Changes to Services: Subject to applicable law, we have the right to change our Services, rates or charges, at any time with or without notice. We also may rearrange, delete, add to or otherwise change features or offerings contained in the Services, including but not limited to, content, functionality, hours of availability. If we do give you notice, it may be provided on your account notifications, SMS alerts, advertisement in a newspaper or other communication permitted under the law. If you find a change in the Service(s) unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the change, this will constitute your acceptance of the change. Please take the time to read any notices of changes to the Service(s). We are not liable for failure to deliver any services, features or offerings.
- Customer privacy notice and security: To the extent that ERESIDENT is expressly required to do so by applicable law, we will provide notice to you of a breach of the security of certain personally identifiable information about you.
- Disclosure of information: You hereby expressly consent and authorize ERESIDENT to disclose, respond, advise, exchange, and communicate the details or information pertaining to your activities for purposes of effective operation of the portal, cross referencing data, bonafide enquiry, marketing and research related activities; in business practices including quality control, training and ensuring effective systems operation; or to any court or arbitration tribunal in connection with any legal or audit proceedings; to regulatory or governmental agencies to assist in prevention, detection, investigation or prosecution of criminal activities or fraud.
- Disruption of Services: The Services are not fail-safe and may be interrupted by factors beyond our control. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; failure of a communications satellite; loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightening, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Services.
- Liability: ERESIDENT shall not assume any liability or responsibility for any failure or delay in transmitting information or any error in such information, unless this results from negligence or willful default on ERESIDENTS’ part. In particular, ERESIDENT shall not assume any liability or responsibility for the consequences arising from any cause beyond its control including, without limitation, failure of telecommunications equipment to receive information for whatever reason, any telecommunications breakdown, mechanical failure, path failure, malfunction, breakdown, interruption or accuracy of equipment or installation, force majeure event such as sabotage, fire, floods, explosion, acts of God, civil commotion, strikes, act of Government, computer hacking, unauthorized access to computer data, computer crashes terrorist or any enemy action equipment failure etc However, ERESIDENT shall not be liable for any loss or damage due to such error or any consequential loss arising therefrom to any party.
- Limited warranty: the ERESIDENT services are provided "as is," without warranty of any kind, either express or implied. Neither ERESIDENT nor its affiliates, suppliers, employees, agents or contractors warrant that the services will meet your requirements, provide uninterrupted use, or operate as required, without delay, or without error. Neither ERESIDENT nor its affiliates, suppliers, employees, agents or contractors warrant that any communications will be transmitted in uncorrupted form. All representations and warranties of any kind, express or implied, including but not limited to any warranties of performance, noninfringement, fitness for a particular purpose or merchantability, are hereby disclaimed and excluded unless otherwise prohibited or restricted by applicable law.
- Intellectual Property: You acknowledge that the intellectual property rights in the Portal (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that ERESIDENT provides to you through the portal or otherwise are vested either in ERESIDENT or in other persons from whom ERESIDENT has a right to use and to sub-license the portal and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the portal and associated documentation without the prior written consent of ERESIDENT.
- Termination of this Agreement and Services:
- Termination by ERESIDENT: Under the conditions listed below, ERESIDENT reserves the right, subject to applicable law, to act immediately and without notice to terminate or suspend the Services and/or to remove from the Services any information transmitted by or to any authorized users (e.g., email or voicemail). ERESIDENT may take these actions if it: (i) determines that such use or information does not conform with the requirements set forth in this Agreement, (ii) determines that such use or information interferes with ERESIDENT’s ability to provide the Services to you or others, (iii) reasonably believes that such use or information may violate any laws, regulations, or written and electronic instructions for use, or (iv) reasonably believes that such use or information interferes with or endangers the health and/or safety of our personnel or third parties. ERESIDENT's action or inaction under this Section shall not constitute review or approval of your or any other users' use of the Services or information transmitted by or to you or users.
- Termination by the Tenant: You may terminate this Agreement and consequently the service in one of two ways: (i) deleting your account; or (ii) send an electronic notice to the e-mail address specified on eresident.co.ke Subject to applicable law or the terms of any agreements with governmental authorities, all applicable fees and charges will accrue until this Agreement has terminated and the Services have been discontinued.
- Your Obligations upon Termination: You agree that upon termination of this Agreement you will do the following: (i) You will immediately cease all use of the Services; (ii) You will pay in full for your use of the Services up to the date that this Agreement has been terminated, and the Services are disconnected.
- Notices: You allow ERESIDENT to send notices in form of message alerts whenever any payments fall due, the transactions undertaken on the portal are completed and any other information that ERESIDENT determines is necessary for notification.
- Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya. The Terms and Conditions shall be deemed to be an integral part of ERESIDENTS’ registration guidelines.
- Acceptance of this Agreement: Upon clicking on the “Accept” option on ERESIDENTS’ registration form or signing at the bottom of the form, the Tenant agrees to have understood, and accepted to abide by all the Terms and Conditions governing ERESIDENT including any subsequent variations or amendments.