1. Acceptance of Terms

By accessing and using the services provided by DXHUBX ICT LIMITED ("we," "us," or "our"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services. These terms apply to all visitors, users, and clients of our website and services.

2. About DXHUBX ICT LIMITED

DXHUBX ICT LIMITED is a Tanzania-based technology company registered with BRELA (Business Registration Number: 200656849), based in Dar es Salaam, Tanzania. We deliver end-to-end digital and ICT solutions to organizations across Tanzania and East Africa.

These Terms of Service are the master general terms for our website and all our services. Individual quotations, proposals, Statements of Work (SOWs), Service Level Agreements (SLAs), and project agreements expressly incorporate these terms by reference. Our standard agreement templates are published in our Legal Library below.

3. Website Terms of Use

By using our website, you agree not to:

• Attempt to gain unauthorized access to our systems, servers, or databases
• Interfere with or disrupt the operation of our website
• Submit false, misleading, or automated spam submissions through our forms
• Scrape, copy, or reproduce website content without prior written permission
• Use our website for any unlawful purpose or in violation of Tanzanian law

We use security measures including rate limiting and bot detection to protect our website. We reserve the right to block access to any user or device engaged in abusive or automated activity.

4. Quotations, Proposals, and Binding Contracts

Marketing material on our website, including descriptions of services, estimated prices, indicative delivery periods, and capability statements, is provided for general information only. Such material is not a binding specification or offer unless it is expressly incorporated into a signed or accepted project agreement, quotation, SOW, or contract.

A binding contract between DXHUBX ICT LIMITED and a client is formed only when both parties have signed a written agreement, or the client has expressly accepted a written quotation in accordance with its stated terms. Any description, price, or timeline shown on the website may be refined, confirmed, or varied in the written agreement, and the written agreement governs.

5. Services Provided

DXHUBX ICT LIMITED provides information and communications technology (ICT) services including, but not limited to:

• Custom web application and website development
• Mobile application development (Android & iOS)
• Database design and management
• Cloud infrastructure, DevOps, and cloud migration (AWS, Azure, GCP)
• Cybersecurity, network design, and security audits
• Data, AI, and machine learning solutions
• Enterprise integration (ERP, CRM, APIs, payment gateways)
• ICT infrastructure setup, hardware repair, and maintenance
• 24/7 technical support and managed services
• Consulting and digital transformation advisory

The specific deliverables, scope, and timelines for any engagement are defined in the individual project agreement or Statement of Work. Services not described in the written agreement are out of scope.

6. Scope Control and Change Requests

All deliverables are defined by the agreed scope in the written project agreement or SOW. Any work, functionality, feature, or requirement that falls outside the agreed scope is a Change Request and may require:

• Additional payment, quoted separately before work begins
• Additional time, which extends the delivery schedule accordingly
• Written approval from both parties before implementation

If the client repeatedly changes or adds requirements during a project, DXHUBX may require the project to be re-scoped and the agreement to be amended in writing to reflect the revised scope, fees, and timeline. We are not obligated to perform out-of-scope work without a signed Change Request.

7. Client Responsibilities

As a client of DXHUBX ICT LIMITED, you agree to:

• Provide accurate and complete information necessary for project delivery
• Provide content, materials, and approvals within the agreed timeframes
• Make payments according to agreed-upon terms
• Maintain confidentiality of any login credentials or access information provided
• Use our services in compliance with all applicable laws and regulations

Licenses, Permits, and Registrations: You are solely responsible for obtaining and maintaining all licenses, permits, registrations, and approvals required for your business and for the lawful operation of the deliverables, including but not limited to:

• Business registration with BRELA and a valid Taxpayer Identification Number (TIN) with the Tanzania Revenue Authority (TRA)
• Any sector-specific licenses or permits relevant to your industry (e.g., tour operator, health, financial services, media, or courier licenses)
• Any communications or content-related authorisations required under Tanzanian law, including where applicable under the Electronic and Postal Communications Act (EPOCA) and regulations issued by the Tanzania Communications Regulatory Authority (TCRA)
• Registration as a data controller or data processor with the Office of the Data Protection Commissioner (ODPC) under the Personal Data Protection Act, 2022, if your use of the deliverables processes personal data
• Any approvals required for payments, remittances, or foreign exchange transactions relating to the project

We are not responsible for obtaining regulatory approvals on your behalf, and we will not be liable for any fines, penalties, suspension, or other consequences resulting from your failure to hold the required licenses, permits, or registrations. If any deliverable is contingent on a regulatory approval that you have not obtained, you acknowledge that delivery or go-live may be delayed until the required approval is in place.

Lawful Content: You represent and warrant that all content, materials, and data you provide to us, and that your solution will host, publish, or transmit, does not infringe the intellectual property rights of any third party and complies with all applicable Tanzanian laws, including copyright, defamation, privacy, and content regulation standards.

8. Client Delay Protection

Project timelines depend on the client's timely provision of content, approvals, credentials, and access. If the client fails to deliver any required item on time, the following applies:

• If the client fails to provide content or materials, the timeline moves by the corresponding delay
• If the client fails to approve designs, specifications, or deliverables, the timeline moves by the corresponding delay
• If the client does not provide API credentials or integration access, integration work is delayed accordingly
• If the client does not provide hosting or server access, deployment is delayed accordingly
• If the client becomes unavailable for a prolonged period, the project may be paused, and pause periods do not count against delivery deadlines
• If client inactivity exceeds a period defined in the agreement (or, failing that, 60 days), DXHUBX may suspend or terminate the project and invoice for all work completed to date

Delays caused by the client do not constitute a breach by DXHUBX, and any agreed deadlines are automatically extended by the duration of the client-caused delay.

9. Acceptance and Deemed Acceptance

Upon delivery of a deliverable, the client shall have a review period (typically seven (7) business days, unless otherwise agreed in writing) to test the deliverable and identify any material non-conformity against the agreed specification.

• If the client raises a written objection identifying a material non-conformity within the review period, DXHUBX will use reasonable efforts to remedy the issue.
• If the client does not raise a written objection within the review period, the deliverable is deemed accepted in full.
• Deemed acceptance does not apply to latent defects that could not reasonably have been discovered during the review period.
• Minor cosmetic issues, differences in opinion on style, or requests for enhancements beyond the agreed specification are not material non-conformities.

Once a deliverable is accepted (expressly or by deemed acceptance), the warranty period begins, and further work is governed by the Change Request and support provisions of these Terms.

10. Payment Terms

Payment terms are established on a per-project basis. Generally:

• Initial deposits may be required before work begins
• Milestone payments may be structured for larger projects
• Final payment is due upon project completion and acceptance
• Late payments may incur additional fees
• Payments may be made via bank transfer, mobile money, or card as agreed
• All fees are quoted in Tanzanian Shillings (TZS) or US Dollars (USD) as agreed
• Recurring fees (hosting, support, licensing) are due in advance on the agreed billing cycle

11. Intellectual Property Rights

Ownership of the various elements of a project is allocated as follows:

Client Property: The client retains ownership of all client data, trademarks, photographs, documents, and client-provided content.

DXHUBX Property: DXHUBX retains ownership of all reusable libraries, generic modules, development tools, frameworks, templates, deployment scripts, DevOps methodologies, internal tools, know-how, and reusable components developed by us, whether before, during, or after the project. Unless otherwise agreed in writing, the client receives a non-exclusive, perpetual licence to use the custom-developed solution for its internal business purposes.

Third-Party Property: Third-party software such as Laravel, Flutter, WordPress, payment APIs, cloud software, fonts, stock assets, plugins, and open-source software remain the property of their respective owners. Payment to DXHUBX does not automatically transfer third-party licences to the client, and the client must comply with any applicable third-party licence terms.

12. Open-Source Software

Deliverables may contain open-source software subject to the applicable open-source licence. DXHUBX does not transfer ownership of third-party or open-source components and does not warrant that third-party components will remain available, be supported, or remain unchanged. The client is responsible for complying with the terms of any applicable open-source licences that govern components incorporated into the deliverables.

13. Third-Party Services

Where a solution integrates with or relies on third-party services, DXHUBX acts as an integrator, not as the provider of those services. Third-party services include but are not limited to:

• Payment processors and mobile money providers (e.g., M-Pesa, Airtel Money, Mixx by Yas)
• Platform providers (e.g., Google, Apple)
• Cloud providers (e.g., AWS, Azure, Oracle)
• Content delivery networks (e.g., Cloudflare)
• Domain registrars, SMS providers, and email providers
• Hosting providers and payment gateways

If a third-party service's API goes down, changes, rejects transactions, changes its pricing, requires new compliance, or is discontinued, DXHUBX is not automatically liable for the resulting impact. We will use reasonable efforts to notify the client and to mitigate the impact, but such events may delay or affect the solution, and additional work to adapt to third-party changes may be subject to a Change Request and additional fees.

14. Payment-Provider and Financial Transaction Disclaimer

DXHUBX ICT LIMITED is a technology provider. Unless expressly licensed to do so, we do not ourselves provide banking, payment, money-transfer, remittance, financial, lending, insurance, or other regulated financial services. Where a solution integrates payment or mobile-money functionality, the client remains responsible for all regulatory approvals, settlement arrangements, and compliance obligations associated with those services.

We do not guarantee that any third-party payment service will approve, process, or settle any transaction, and we are not liable for declined, failed, reversed, or delayed transactions caused by the payment provider or by the client's arrangements.

15. Warranties and Disclaimers

We warrant that:

• Services will be performed with professional care and skill
• Delivered solutions will substantially conform to agreed specifications
• We have the right to provide the services offered

Disclaimer: ICT projects operate in complex, evolving environments where unforeseen circumstances can arise despite best efforts. Accordingly, except as expressly stated in an individual service agreement:

• Our services are provided "as is" without warranties of any kind, either express or implied, including implied warranties of merchantability and fitness for a particular purpose
• We do not guarantee that software, websites, or systems will be bug-free, error-free, or operate without interruption
• Software may have undiscovered defects ("bugs") that only surface under certain conditions, user behaviour, data volumes, or integration combinations
• Third-party services, APIs, and dependencies may change, be deprecated, or be discontinued by their providers without notice
• We do not warrant the compatibility of solutions with every device, browser, operating system, or future software version
• Security threats evolve constantly; while we follow industry best practices, we cannot guarantee immunity from cyber-attacks, hacking, malware, or data breaches
• Any advice or deliverables provided are for general guidance and do not constitute legal, financial, or regulatory advice

What is not a defect: The following do not automatically trigger free warranty work:

• Client modifications or changes made to the solution after handover
• Third-party plugins, themes, or components not developed by us
• New or updated browser, operating system, or device versions released after delivery
• Hosting changes or configuration made outside our control
• API changes made by third-party providers
• Misuse of the solution or use outside the agreed scope
• Unsupported hardware or environments
• Malware or security incidents caused by the client's environment or actions
• Client configuration errors or failure to follow documentation
• Changes made by another developer or service provider

Where such items require our attention, they will be handled under the support and maintenance provisions and may be chargeable.

16. Cybersecurity Responsibility

DXHUBX responsibilities: Within the agreed scope, DXHUBX will apply reasonable security practices, secure development practices, and the security controls agreed in the project agreement.

Client responsibilities: The client remains responsible for:

• Passwords and account credentials
• Multi-factor authentication (MFA) where enabled
• Staff access and user management
• Endpoint security on client devices
• Backups where the client controls the environment or data
• Admin accounts and administrative actions
• Physical security of client premises and hardware
• Third-party credentials held by the client
• Employee actions and internal policy compliance

This allocation of responsibility clarifies which party is accountable for each aspect of security and does not constitute a guarantee of immunity from any security incident.

17. Backup and Disaster Recovery

Unless expressly included in a written agreement, DXHUBX does not guarantee backup frequency, retention period, recovery point objective (RPO), recovery time objective (RTO), disaster recovery, or restoration capability for client data or systems. The client is responsible for maintaining its own backups of critical data.

Where backups or disaster recovery services are agreed in writing, the specific parameters (frequency, retention, RPO, RTO) are defined in that agreement and do not extend beyond it. We are not liable for data loss that occurs despite agreed backup measures, or for data loss attributable to client-controlled environments, third-party providers, or circumstances beyond our control.

18. Hosting, Domains, and Account Ownership

Ownership of hosting, domains, and accounts is agreed as follows:

• Domains: If DXHUBX registers a domain on behalf of a client, the domain is registered in the client's name (where the registrar permits) unless otherwise agreed in writing. The client is responsible for renewal fees and for keeping registration details accurate.
• DNS and hosting: Hosting accounts, VPS instances, cloud accounts, and email accounts may be created by DXHUBX on behalf of the client. Ownership of such accounts is as agreed in the project agreement. Where DXHUBX creates accounts in its own name for administration purposes, the client may request transfer of control upon full payment and completion of the agreement.
• SSL and email: SSL certificates and email services are provided in accordance with the hosting arrangement agreed for the project.
• Fees: Domain renewals, hosting fees, and other recurring third-party fees are payable by the client. Where DXHUBX pays such fees on the client's behalf, the client must reimburse DXHUBX, and failure to do so may result in suspension of the related services.
• Migration: On termination or transfer, DXHUBX will use reasonable efforts to assist with migration at the fees and terms agreed at the time. Account credentials will be released to the client once all outstanding fees are settled.

Nothing in this clause transfers ownership of third-party services; ownership of the underlying third-party accounts is governed by the relevant provider's terms.

19. Support and Maintenance

Post-delivery support and maintenance terms are defined in individual service agreements and SLAs. Generally:

• A warranty period covers defects in workmanship
• Ongoing support and maintenance requires a separate agreement
• Emergency support may be available at premium rates
• Updates and enhancements are quoted separately
• 24/7 support is available through our support channels for clients on active agreements
• Support response times, availability commitments, and credits are defined in the applicable SLA, and apply only where a paid SLA is in place

Support and maintenance do not include out-of-scope work, changes arising from third-party updates or new versions, or defects caused by the client, unless agreed in writing.

20. Suspension of Services

DXHUBX may suspend services (in whole or in part) immediately upon notice if:

• Payment is overdue and not remedied within the grace period stated in the agreement
• The client uses the services or solution for abusive, unlawful, or illegal purposes
• The client hosts or transmits illegal content
• The solution or accounts are compromised or there is an active security threat
• There is excessive or abusive resource usage
• The client violates these Terms or the applicable agreement
• Suspension is required by law, regulation, or a competent authority
• The client's activities threaten our infrastructure or other clients

Suspension does not waive outstanding fees, and fees continue to accrue during any suspension caused by the client. We will use reasonable efforts to notify the client in advance where practical and to restore services promptly once the cause is resolved.

21. Termination

Either party may terminate a service agreement:

• By mutual written agreement
• For breach of material terms (with notice and opportunity to cure)
• If the other party becomes insolvent or bankrupt

DXHUBX may also terminate an agreement for prolonged client inactivity, for non-payment, or where continued performance is impossible or unlawful. Upon termination, you are responsible for payment for all work completed to date and any outstanding fees.

22. Client Indemnification

To the extent permitted by law, the client agrees to indemnify and hold DXHUBX ICT LIMITED, its directors, employees, and subcontractors harmless against third-party claims, damages, costs, and expenses (including reasonable legal fees) arising from or relating to:

• Client-provided content, data, or materials
• Unlawful use of the deliverables by the client or its users
• Infringement of third-party intellectual property rights by client content
• Regulatory violations by the client, including failure to hold required licences or permits
• The client's instructions to DXHUBX
• Misuse of the solution or its features

This indemnity is a contractual allocation of risk and does not affect any statutory protections that may apply under Tanzanian law.

23. No Guarantee of Business Results

We do not guarantee any particular business outcome. No representation concerning anticipated revenue, cost savings, uptime, user numbers, rankings, conversion rates, business growth, return on investment, or other commercial results constitutes a guarantee unless expressly stated in a signed agreement. Marketing language on our website (such as references to improved efficiency or cost reduction) is illustrative and not a warranty or guarantee.

24. AI and Machine Learning

Where a solution uses artificial intelligence, machine learning, or generative AI, the client acknowledges and agrees that:

• AI outputs can be inaccurate, incomplete, or inappropriate, and should not be relied on without review
• AI is not a substitute for professional judgment
• The client remains responsible for decisions made based on AI outputs
• Third-party AI providers may change or discontinue their models or services
• Models may produce erroneous results, and such results are not defects warranting free warranty work
• The client should not submit confidential or sensitive data to external AI services unless authorised
• AI-generated content may require human review before use
• Regulatory and compliance requirements relating to AI remain the client's responsibility

25. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, goodwill, or business opportunity
• Our total liability shall not exceed the amount paid by you for the specific service giving rise to the claim
• We are not responsible for losses resulting from your failure to maintain backups, secure credentials, or follow our recommended security practices
• We are not liable for interruptions, corruption, or loss of data caused by third-party infrastructure, hosting providers, cloud services, internet outages, or circumstances beyond our reasonable control
• We are not liable for downtime or data loss caused by scheduled maintenance, security patches, or updates made in good faith
• We are not liable for outcomes resulting from changes you make to delivered solutions after handover, or from use of solutions for purposes other than those agreed
• You are responsible for maintaining your own backups of critical data. We are not a data backup service unless expressly agreed in writing

26. Confidentiality

Both parties agree to maintain confidentiality of sensitive information shared during the course of service delivery. This obligation survives termination of the service agreement.

27. Data Protection and Privacy

We handle your personal and business data in accordance with our Privacy Policy and applicable data protection laws in Tanzania, including the Personal Data Protection Act, 2022. Where DXHUBX processes personal data on behalf of a client, the parties may be required to enter into a separate Data Processing Agreement (DPA) in accordance with applicable law.

28. Electronic Communications and Acceptance

The Electronic Transactions Act of Tanzania recognises the validity of electronic contracting. Accordingly, the following are valid and binding where they satisfy the applicable requirements of law and any authorisation requirements agreed by the parties:

• Email acceptance and email instructions
• Electronic quotations and proposals
• Electronic signatures
• Online acceptance of agreements
• Electronic invoices and approvals
• Digital records and communications

Where instructions are given via WhatsApp, email, or other electronic channels, only communications from an authorised representative of the client (as identified in the agreement or otherwise notified in writing) constitute authorised instructions. Other communications are informational only and do not modify the agreement.

29. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, war, civil unrest, government actions, pandemics, power outages, telecommunications or internet failures, cloud provider outages, cyber-attacks, ransomware incidents, or failures of third-party services and infrastructure on which the project depends.

30. Dispute Resolution

In the event of a dispute:

• Parties will first attempt to resolve through good-faith negotiation
• If unresolved, disputes may be submitted to mediation
• Legal proceedings, if necessary, shall be conducted in Tanzania under Tanzanian law

31. Order of Precedence

If there is a conflict between these Terms and a signed Service Agreement, the signed Service Agreement controls only to the extent of the conflict. Otherwise, the order of precedence is:

1. Signed Service Agreement
2. Statement of Work (SOW)
3. Service Level Agreement (SLA)
4. Accepted Change Request
5. These Terms of Service
6. Website marketing material

32. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision shall be interpreted, to the extent possible, in a manner consistent with the parties' intent.

33. Entire Agreement

These Terms, together with the applicable written agreement and any documents incorporated by reference, constitute the entire agreement between the parties and supersede all prior discussions, representations, and correspondence concerning the subject matter. Informal conversations (including WhatsApp messages and emails) do not modify the agreement unless confirmed in writing by an authorised representative of DXHUBX.

34. Waiver

Failure by either party to enforce any right or provision of these Terms on one occasion does not constitute a waiver of that right or provision, or of any other right or provision, and does not prevent enforcement on any later occasion.

35. Assignment

The client may not assign or transfer its rights or obligations under an agreement without the prior written consent of DXHUBX. DXHUBX may assign or transfer its rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets, provided the assignee assumes DXHUBX's obligations.

36. Survival

The following provisions survive termination or expiry of any agreement: payment obligations, intellectual property provisions, confidentiality, data protection, indemnification, limitation of liability, dispute resolution, and governing law.

37. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to this page. Your continued use of our services constitutes acceptance of modified terms.

38. Governing Law

These Terms of Service are governed by the laws of the United Republic of Tanzania. Our business is registered with BRELA (Business Registration Number: 200656849).

39. Contact Information

For questions about these Terms of Service, please contact us:

• Company: DXHUBX ICT LIMITED
• Email: info@dxhubx.co.tz
• Support: roseevanskyara@dxhubx.co.tz
• Phone / WhatsApp: +255 753 587 561
• Location: Dar es Salaam, Tanzania
• Website: https://dxhubx.co.tz

40. Legal Documents Library

The following standard documents form part of our legal framework. These Terms of Service are the master general terms, and individual contracts, quotations, SOWs, SLAs, and project agreements expressly incorporate them. You can view or download each document below:

• Privacy Policy — how we collect, use, and protect personal information
• Data Processing Agreement (DPA) — processing of personal data on behalf of clients
• Software Development Agreement — standard terms for custom software development
• Hosting & Cloud Services Agreement — hosting, cloud, domains, DNS, SSL, and email services
• ICT Support / Maintenance SLA — support levels, response targets, and maintenance terms
• Acceptable Use Policy — rules for acceptable use of our services
• Project Statement of Work (SOW) — scope, deliverables, and timeline for engagements
• Change Request Form — how to request changes to an agreed scope
• Client Acceptance / Handover Certificate — formal acceptance of deliverables

Note: These terms apply to general service inquiries and website usage. Specific project engagements will be governed by detailed service agreements, SOWs, and SLAs that supplement and incorporate these terms. Nothing in these terms is intended to limit rights that cannot lawfully be excluded under Tanzanian law.