Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://kayanutsafrica.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Kaya Nuts Africa reserves the right to end the Program at any time. Upon program termination, Kaya Nuts Africa will pay any outstanding earnings accrued above $20.
Termination
Kaya Nuts Africa, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Kaya Nuts Africa service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Kaya Nuts Africa reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Kaya Nuts Africa will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Refund Policy
All payments to Kaya Nuts Africa are non refundable (unless covered by 30 day Money Back Guarantee). This includes any setup fees, Consultation fee and monthly or annual fees regardless of usage. All billing disputes must be reported within 15 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in Kaya Nuts Africa discretion which is valid, under the terms and conditions, will result in service interruption, and reconnection fees to restore the desired service.
We are confident that you’ll be pleased with the Kaya Nuts Africa performance and support, however for your peace of mind we offer a no-quibble 30 day Money Back Guarantee on all web hosting plans. We take pride in our business so we’ll probably ask you why you are leaving, but you will get a refund of hosting fees (remainder of the term) within 72 hours of requesting it.
The refund will exclude any fees for domain registration, the domain will still belong to you and you can use it with any hosting company by updating the name servers in the client area.
To request a refund of your account (if covered by 30 days money backup guarantee) please email info@kayanutsafrica.com or call +254722833840. The full value (remainder of the term) of any payment for hosting fees will be refunded, we make no other charges or deductions.
For any electronic card payment refund within 15 days, 10% of the total value will be deducted.
Miscellaneous
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Kaya Nuts Africa to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Kaya Nuts Africa and govern your use of the Service, superceding any prior agreements between you and Kaya Nuts Africa (including, but not limited to, any prior versions of the Terms of Service).
