Terms of Service

Last updated: 27 August 2026

These Terms of Service ("Terms") govern your access to and use of the services provided by Xcobean Systems Limited ("Xcobean", "we", "us", or "our"). By accessing our website, creating an account, or purchasing any service, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using any Xcobean service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, you must not use our services.

2. Definitions

• "Client", "you", "your": the individual or entity that registers for and/or uses our services
• "Services": all products, platforms, and professional services offered by Xcobean, including but not limited to cloud hosting, colocation, connectivity, managed IT, communications, cybersecurity, and business applications
• "Client Portal": the online account management area accessible via our website
• "Content": any data, files, applications, or materials you upload, store, or transmit through our services

3. Our Services

Xcobean provides enterprise technology services including, but not limited to:

• Cloud & Infrastructure: virtual private servers, dedicated servers, cloud hosting, backup and disaster recovery
• Colocation: rack space, power, and cooling in our data-centre facilities
• Network & Connectivity: internet transit, IP addressing (AS329239), MPLS, and SD-WAN
• Managed IT Services: monitoring, patching, remote and onsite support
• Unified Communications. 3CX, VoIP, SIP trunking, and collaboration tools
• Cybersecurity: firewall management, endpoint protection, vulnerability assessments, and incident response
• Business Productivity. Zoho, Microsoft 365, Google Workspace, and custom integrations

Service specifications, features, and pricing are described on our website and in individual service agreements.

4. Account Registration and Responsibilities

4.1 To access most services, you must register for an account and provide accurate, complete, and current information.

4.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

4.3 You must notify us immediately at info@xcobean.co.ke if you suspect any unauthorised use of your account.

4.4 You must be at least 18 years old to create an account.

4.5 We reserve the right to suspend or terminate accounts that contain false, outdated, or incomplete information.

5. Billing and Payment

5.1 Currency. All prices are quoted in Kenya Shillings (KES) unless otherwise stated. International clients may be invoiced in USD upon arrangement.

5.2 VAT. All applicable prices are exclusive of Value Added Tax (VAT) at the prevailing rate as required by Kenyan law. VAT will be added to invoices where applicable. Our VAT PIN is P051782544J.

5.3 Payment methods. We accept payment via:

• M-Pesa (Paybill / STK Push)
• Bank transfer (KES and USD)
• Pesapal (Visa, Mastercard, mobile money)
• PayPal (international payments)

5.4 Invoicing. Invoices are issued through our Client Portal and sent to your registered email address. Payment is due within the period stated on the invoice (typically Net 14 days for post-paid services, or in advance for prepaid services).

5.5 Late payment. Time for payment is of the essence. Any invoice not paid in full by its due date shall attract interest at 2% per month, calculated on a daily basis on the outstanding balance from the due date until payment in full, whether before or after judgment. Interest shall not compound, and the total interest recoverable on any invoice shall not exceed the principal sum outstanding on that invoice.

5.6 Refunds. Refunds are handled on a case-by-case basis. Setup fees and custom work are generally non-refundable. Any applicable money-back guarantees are specified in the relevant service description.

5.7 Costs of recovery. Where any sum is not paid by its due date, you shall on demand reimburse us all reasonable costs and expenses incurred in recovering it, including advocates’ fees on the advocate and client scale, court filing fees, licensed auctioneers’ statutory charges, and the costs of any statutory demand, whether or not proceedings are issued.

5.8 No set-off. All sums are payable in full without any set-off, counterclaim, deduction or withholding, save as required by law. You may not withhold payment of any invoice, or any part of it, by reason of a dispute relating to any other invoice, service or matter.

5.9 Disputed invoices. If you dispute an invoice or any part of it, you must notify us in writing within fourteen (14) days of the invoice date, specifying the disputed line items and the grounds for the dispute in reasonable detail. The undisputed balance remains payable by the due date. An invoice, or part of an invoice, not disputed in accordance with this clause within that period is conclusively deemed accepted and payable, and may not afterwards be disputed.

5.10 Credit limit. We may set, vary or withdraw a credit limit for your account at any time on written notice. Where your outstanding balance exceeds your credit limit, or any invoice is overdue, we may decline further orders, withhold delivery, or require payment in advance or security, without liability.

5.11 Acceleration. If any invoice remains unpaid for more than thirty (30) days after its due date, or if you suffer an insolvency event, all sums owing by you to us under every agreement between us shall become immediately due and payable without further notice.

5.12 Retention of title. Legal and beneficial title to any equipment, hardware or physical goods supplied by us shall not pass to you until we have received payment in full for those goods and for all other sums then owing by you. Until title passes you shall hold the goods as bailee, keep them separately identifiable, insured and in good condition, and shall not sell, charge or otherwise encumber them. Risk passes to you on delivery. Where payment is overdue we may by written notice require you to deliver up the goods at your own cost. We will not enter your premises to recover goods, and will exercise this right only by your delivery up or through a licensed auctioneer acting under a court order.

5.13 Guarantee. Where we extend credit to a client that is a private limited company, a partnership or a sole proprietorship, we may require a director, partner or proprietor to execute a personal guarantee in our standard form as a condition of the credit facility.

6. Service Level Agreements

6.1 Specific uptime commitments, response times, and service credits are defined in our Service Level Agreement (SLA), which forms part of these Terms for applicable services.

6.2 SLA details are published on our Support & SLA page and may be customised for enterprise clients under separate written agreements.

6.3 Scheduled maintenance windows are communicated in advance and are excluded from uptime calculations.

7. Acceptable Use

Your use of our services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations of the AUP may result in service suspension or termination.

8. Intellectual Property

8.1 Our IP. All content, trademarks, logos, software, and materials on the Xcobean website and platforms are the property of Xcobean Systems Limited or its licensors and are protected by Kenyan and international intellectual property laws.

8.2 Your Content. You retain all ownership rights in the content you upload to our services. By using our services, you grant us a limited licence to host, store, and transmit your content solely for the purpose of providing the services.

8.3 You may not copy, modify, distribute, or reverse-engineer any Xcobean proprietary software or materials without our prior written consent.

9. Data Protection

9.1 We process personal data in accordance with our Privacy Policy and the Kenya Data Protection Act 2019.

9.2 Where we process personal data on your behalf (i.e., as a data processor), the terms of our Data Processing Agreement shall apply.

9.3 You are responsible for ensuring that your use of our services complies with all applicable data protection laws, including obtaining necessary consents from your end users.

9.4 Credit information. You consent to us disclosing information about your payment performance under these Terms, including invoiced amounts, due dates, payment dates and amounts outstanding, to any credit reference bureau licensed by the Central Bank of Kenya, and to us obtaining credit reports about you from any such bureau, for the purposes of credit assessment and credit control. We will give you not less than seven (7) days’ written notice before submitting any adverse information, during which you may settle the amount or dispute it in accordance with clause 5.9.

10. Service Suspension and Termination

10.1 By us. We may suspend or terminate your services on written notice, or without notice where immediate action is required to protect the network or to comply with law or regulation, if:

• You breach these Terms or the Acceptable Use Policy
• Your account has an overdue balance exceeding 14 days
• Your use of services poses a security risk or disrupts other clients
• We are required to do so by law or regulation

10.2 Suspension for non-payment. Where any undisputed invoice remains unpaid for more than fourteen (14) days after its due date, we may suspend any or all of the services on seven (7) days’ prior written notice. You expressly authorise such suspension, and agree that any resulting interruption of, or denial of access to, any computer system, programme or data is authorised by you for the purposes of the Computer Misuse and Cybercrimes Act, 2018, including sections 14 to 16 thereof. Suspension does not relieve you of liability for charges accruing during the suspension. We may charge a reasonable reconnection fee on restoration.

10.3 Cross-default. Where you hold more than one service with us, we may suspend any or all of them in respect of a default on any one.

10.4 Your data during suspension. Suspension withholds access to the services. It does not extinguish your rights in your own data. On written request during any suspension we will make available to you an export of your data in a standard machine-readable format, subject to payment of our reasonable costs of extraction. We will not delete your data during a suspension, and will retain it for not less than sixty (60) days from the date of termination.

10.5 By you. You may cancel your services at any time by submitting a cancellation request through the Client Portal or by contacting us. Cancellation will take effect at the end of the current billing period unless otherwise agreed.

10.6 Data after termination. Upon termination, we will retain your data for 30 days to allow retrieval. After this period, data will be permanently deleted unless a longer retention is required by law.

11. Limitation of Liability

11.1 To the maximum extent permitted by Kenyan law, Xcobean's total aggregate liability for any claim arising out of or related to these Terms or our services shall not exceed the total fees paid by you to Xcobean during the 12 months preceding the claim.

11.2 In no event shall Xcobean be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.

11.3 These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if Xcobean has been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Xcobean, its directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of our services, your violation of these Terms, or your infringement of any third-party rights.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, fibre cuts, or acts of third parties. The affected party shall notify the other party promptly and use reasonable efforts to mitigate the impact.

14. Dispute Resolution and Governing Law

14.1 Contracting entity. All services under these Terms are contracted with and provided by Xcobean Systems Limited, a company incorporated in the Republic of Kenya (Reg. No. PVT-GYUX6GP), whose registered office is at 11th Floor, Britam Towers, Nairobi. The same company is registered in the Republic of Rwanda as a foreign company under Article 23 of Law N° 007/2021 of 05/02/2021 governing companies, under company code 120711928, with a registered office at Gishushu, Nyarutarama, Remera, Gasabo, Kigali. That registration is a registration of the same legal person and does not create a separate contracting party. Your contract is with Xcobean Systems Limited wherever you or the services are located, and Kenyan law governs it. Nothing in these Terms removes any right you have under the mandatory law of the country in which you are resident or established that cannot be excluded by agreement.

14.2 Governing law. These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.

14.3 Informal resolution. Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.

14.4 Jurisdiction. Any disputes that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Nairobi, Kenya.

14.5 Arbitration. For enterprise clients, disputes may alternatively be resolved through binding arbitration under the Nairobi Centre for International Arbitration (NCIA) rules, if both parties agree in writing.

15. Changes to These Terms

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes by email or through the Client Portal. Your continued use of our services after the effective date of the updated Terms constitutes your acceptance of the changes.

16. General Provisions

16.1 Assignment by you. You may not assign, novate, subcontract or otherwise transfer these Terms, or any of your rights or obligations under them, without our prior written consent, which will not be unreasonably withheld.

16.2 Assignment by us. We may assign or novate these Terms, in whole or in part, to any successor in title, to any company in the same group, or to a purchaser of the business or assets to which these Terms relate, on written notice to you.

16.3 Subcontractors. We may engage subcontractors and third-party suppliers to perform any part of the services. We remain responsible to you for anything we subcontract as if we had performed it ourselves, and our obligations to you are unaffected. The third parties that process personal data on our behalf are listed in our Privacy Policy.

16.4 Notices. Any notice under these Terms shall be in writing and delivered by hand, by prepaid registered post, or by email to the addresses at clause 18 or to your registered account email. Notice by email is deemed given on the next business day after transmission, provided no delivery failure is received.

16.5 Entire agreement. These Terms, together with the Acceptable Use Policy, the Privacy Policy, the Data Processing Agreement and any signed order form or service schedule, form the entire agreement between us in relation to the services, and supersede any prior discussions or proposals. Where a signed order form or service schedule conflicts with these Terms, the signed document prevails for that engagement.

16.6 Waiver. A failure or delay by either party in enforcing any provision is not a waiver of that provision or of any right to enforce it later.

16.7 No third-party rights. A person who is not a party to these Terms has no right to enforce any of them.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Contact Information

For questions about these Terms, please contact us: