Terms Of Service

Last Updated: 2026

These Terms of Service (“Terms”) govern access to and use of the AtomTech Web Services Website-as-a-Service platform, including all associated websites, dashboards, hosting infrastructure, and support services (collectively, the “Service”), provided by AtomTech Web Services (“AtomTech”, “we”, “us”, or “our”), a business operating in Kenya. By creating an account, subscribing to a plan, or otherwise using the Service, you (“Client”, “you”, or “your”) agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

AtomTech provides a Website-as-a-Service platform that enables small and medium businesses in Kenya to obtain, host, and maintain a business website built on the WordPress platform, along with optional design, content, and maintenance support. The Service is offered on a subscription basis as described on our pricing page and in your order confirmation.

2. Eligibility and Account

  1. You must be at least 18 years old, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract to use the Service.
  2. You are responsible for providing accurate, current, and complete information when creating an account, and for keeping this information up to date.
  3. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
  4. You must notify us promptly at atomtech.services1@gmail.com of any unauthorised use of your account.

3. Subscription Plans, Fees and Billing

  1. Subscription plans, features, and pricing are described on our website and may be updated from time to time. Any price changes will not apply retroactively to a billing cycle already paid for.
  2. New subscriptions may include a free trial period (currently 7 days) during which you may cancel at no charge. Unless cancelled before the trial ends, your subscription will automatically convert to a paid plan and be billed accordingly.
  3. Fees are billed in advance on a recurring monthly (or otherwise agreed) basis via our supported payment processor(s), including Pesapal and M-Pesa. You authorise us to charge your chosen payment method for all applicable fees.
  4. Failure to pay fees when due may result in suspension or termination of the Service, including temporary suspension of your website, subject to the notice period described in our Refund Policy.
  5. All fees are quoted in Kenya Shillings (KES) and are exclusive of any applicable taxes unless stated otherwise.
  6. Refunds, where applicable, are governed by our separate Refund Policy, which forms part of these Terms.

4. Client Responsibilities

  1. Provide accurate business information, logos, text, images, and other content needed to build and operate your website.
  2. Ensure that all content you provide does not infringe the intellectual property, privacy, or other rights of any third party.
  3. Use the Service only for lawful business purposes and in compliance with applicable Kenyan law.
  4. Not use the Service to distribute malware, conduct phishing, send unsolicited bulk communications (spam), or engage in any activity that could disrupt, damage, or gain unauthorised access to any system.
  5. Keep any third-party accounts connected to your website (e.g., payment gateways, social media, domain registrars) in good standing.

5. Intellectual Property

  1. You retain ownership of the content, branding, and materials you provide to AtomTech for use on your website (“Client Content”).
  2. AtomTech retains ownership of the underlying WaaS platform, templates, proprietary code, and any pre-existing tools or assets used to deliver the Service (“AtomTech IP”). Nothing in these Terms transfers ownership of AtomTech IP to you.
  3. You grant AtomTech a non-exclusive, worldwide licence to host, reproduce, and display Client Content solely for the purpose of providing the Service.
  4. Upon full payment and where expressly agreed in a client agreement, you receive a licence to use the finished website design for so long as your subscription remains active. Ownership and portability terms for custom-built sites (e.g., logo files, exported website copies) will be set out in the relevant client agreement.

6. Hosting, Availability and Support

  1. AtomTech will use commercially reasonable efforts to keep the Service available but does not guarantee uninterrupted or error-free operation. Scheduled maintenance, third-party hosting provider outages, and events beyond our reasonable control may affect availability.
  2. Support is provided via the channels communicated to you (e.g., WhatsApp, email) during our stated business hours.
  3. You are responsible for maintaining backups of critical business data unless a backup service is expressly included in your plan.

7. Data Protection and Privacy

AtomTech processes personal data in accordance with the Kenya Data Protection Act, 2019, and our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and processing of data as described in the Privacy Policy.

8. Suspension and Termination

  1. You may cancel your subscription at any time through your account dashboard or by contacting us; cancellation takes effect at the end of the current billing cycle unless otherwise stated.
  2. AtomTech may suspend or terminate your access to the Service, with or without notice, if: (a) fees remain unpaid after the grace period stated in our Refund Policy; (b) you breach these Terms; (c) your use of the Service poses a security risk or legal liability to AtomTech or third parties.
  3. Upon termination, we may retain your website and data for a limited period (e.g., 30 days) to allow for reactivation or export, after which it may be permanently deleted.

9. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent permitted by Kenyan law, AtomTech disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee any specific business outcome, search engine ranking, or level of website traffic resulting from use of the Service.

10. Limitation of Liability

To the fullest extent permitted by law, AtomTech’s total liability arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you to AtomTech in the three (3) months preceding the event giving rise to the claim. AtomTech shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, or business opportunities.

11. Indemnification

You agree to indemnify and hold AtomTech harmless from any claims, damages, liabilities, and expenses (including legal fees) arising from your Client Content, your breach of these Terms, or your violation of any applicable law or third-party right.

12. Changes to the Service and These Terms

AtomTech may update these Terms from time to time. Material changes will be communicated via email or a notice on our website at least 7 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya. Any dispute arising out of or relating to these Terms shall first be addressed through good-faith negotiation between the parties. If unresolved within 30 days, either party may refer the dispute to mediation or the competent courts of Kenya.

14. Contact Us

For questions about these Terms, please contact:

AtomTech Web Services

Email: atomtech.services1@gmail.com

Website: atomtech.co.ke