Terms & Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern the use of services provided by Ubuntu AfyaLink Company Limited (“Company”, “we”, “us”, or “our”).

By accessing or using our services, including AfyaSolar, the AfyaSolar Shop and AfyaBooking, you (“Customer”, “User”) agree to be bound by these Terms.

2. Services Overview

We provide the following services:

• AfyaSolar: solar and battery systems, installation, commissioning and monitoring
• Energy assessments and energy-efficiency services
• Climate-resilience assessments and support
• Energy-as-a-Service (EaaS) and PAYGo payment options for eligible installed systems
• Health Microgrid programs, where applicable
• Product sales through the AfyaSolar Shop
• AfyaBooking: patient access and facility operations software
• Maintenance and support services

Services may vary depending on the agreement with each customer. Where a signed project or service agreement conflicts with these Terms, the signed agreement controls.

Shop orders are confirmed in writing before payment, including price, taxes, availability, delivery and warranty. Compatibility of any product with medical equipment must be confirmed against the equipment manufacturer’s requirements before purchase or connection.

3. Eligibility

You must:

• be legally authorized to enter into a binding agreement
• provide accurate and complete information
• use the services only for lawful purposes

4. Service Agreements

Specific services may be governed by separate written agreements (contracts, proposals, or service orders).

In case of conflict:

The signed service agreement overrides these general Terms

5. Payment Terms

5.1 Pricing Models

Customers may pay through:

• Upfront purchase
• PAYGo / instalment plans
• Monthly subscription (Energy-as-a-Service)
• Software subscription (AfyaBooking)
• Maintenance service fees

5.2 Payment Obligations

• Payments must be made on time as agreed
• Late payments may result in:
  • service suspension
  • penalties (if specified in contract)

5.3 Default

If a customer fails to pay:

• we may suspend or limit services
• repossess equipment (for PAYGo or EaaS models)
• terminate the agreement

6. Ownership of Equipment

6.1 Upfront Purchase

Customer owns the system upon full payment

6.2 PAYGo / Instalment

Ownership transfers only after full payment

6.3 Energy-as-a-Service / Microgrid

Equipment remains the property of Ubuntu AfyaLink

7. Installation and Access

Customers agree to:

• provide safe and adequate installation space
• allow access for installation, inspection, and maintenance
• ensure site conditions meet agreed requirements

We are not liable for delays caused by site readiness issues.

8. Use of Services

Customers must:

• use systems responsibly
• not tamper with equipment or software
• not resell or redistribute services without authorization

Unauthorized use may result in service termination.

9. AfyaBooking (Software Terms)

• Access is provided via subscription
• Features may evolve over time
• Users must keep login credentials secure
• We are not responsible for user-entered data errors

We reserve the right to suspend access for misuse.

10. Maintenance and Support

We provide:

• preventive maintenance
• system monitoring
• technical support

Service levels may vary based on the selected plan.

11. Service Availability

We aim to provide reliable services but do not guarantee uninterrupted operation.

We are not liable for disruptions caused by:

• force majeure events
• network failures
• external technical issues

12. Limitation of Liability

To the maximum extent permitted by law:

• we are not liable for indirect or consequential damages
• liability is limited to the amount paid for services within a defined period

This includes loss of revenue, data, or business interruption.

13. Indemnification

Customers agree to indemnify and hold harmless Ubuntu AfyaLink from:

• misuse of services
• violation of laws
• third-party claims arising from customer actions

14. Data Protection

Use of data is governed by our Privacy Policy.

Customers are responsible for ensuring lawful use of any personal data entered into AfyaBooking.

15. Termination

We may terminate services if:

• payment obligations are not met
• terms are violated
• misuse or fraud is detected

Customers may terminate according to contract terms.

16. Force Majeure

We are not responsible for failure to perform due to events beyond our control, including:

• natural disasters
• government actions
• power grid failures
• pandemics

17. Governing Law

These Terms shall be governed by the laws of:

The United Republic of Tanzania

18. Dispute Resolution

Disputes shall be resolved through:

1. good faith negotiation
2. mediation (if necessary)
3. arbitration or courts in Tanzania

19. Changes to Terms

We may update these Terms from time to time.

Continued use of services constitutes acceptance of updated Terms.

20. AfyaSolar Shop Orders

This section is pending review by Tanzanian counsel.

• “Buy Now”, “Pre-order” and “Request Assessment” on the website send a request. They do not form a contract or take payment.
• Before you pay, we confirm in writing the price, applicable taxes, availability, delivery or installation arrangements and the warranty for your order. An order is accepted only when we confirm it.
• An order is treated as paid only after we have verified the payment.
• Delivery, returns, cancellations and the handling of defective goods follow the terms confirmed with your order and the Shop support page.
• Products sold for installation by you or your own qualified installer are your responsibility to install safely. Systems designed and installed by Ubuntu AfyaLink are covered by the signed project or service agreement.
• Compatibility of any product with medical equipment must be confirmed against the equipment manufacturer’s requirements before purchase or connection.
• When risk and ownership of delivered goods pass to you, and how long you have to inspect a delivery and report damage or missing items, will be stated here after counsel review and confirmed in writing with each order.

21. Contact Information