1) Introduction
These Terms of Service (“Terms”) are a legally binding contract between you and Schoolbooks Accounting (“Schoolbooks Accounting,” “we,” “us,” “our”) regarding your use of our subscription software and related services (the “Service”). “You,” “your,” or “User” means the individual or legal entity that accepts these Terms.
If you are accepting on behalf of a company, you represent and warrant that you have the authority to bind that company to these Terms. If you do not agree, or are not eligible to use the Service, you must not use the Service.
By creating an account, clicking to accept, or using the Service, you agree to be bound by these Terms.
Arbitration Notice
Except for certain types of disputes described in Section 16 (Dispute Resolution and Arbitration), disputes will be resolved by binding, individual arbitration in Kenya. BY USING THE SERVICE, YOU AND SCHOOLBOOKS ACCOUNTING WAIVE THE RIGHT TO A COURT TRIAL (EXCEPT AS PERMITTED BELOW) OR TO PARTICIPATE IN A CLASS ACTION.
2) Service Overview
Schoolbooks Accounting provides a cloud-based platform for schools to manage finance and administration, including (without limitation) fee management, invoicing, M-PESA collections, bank reconciliation, accounting ledgers and reports, people/attendance tools, documents and e-signatures, and related features.
3) Eligibility & Accounts
You must be at least 18 years old to use the Service.
You represent that: (a) you are at least 18; (b) you have not been suspended or removed from the Service; and (c) your use complies with all applicable laws in Kenya (and, if applicable, in your jurisdiction).
3.1 Account Registration
Register to access the Service and provide accurate, current information. You are responsible for safeguarding your login credentials and for all activities under your account. Notify us promptly at support@schoolbooks.co.ke if you suspect unauthorised use.
3.2 Account Review
We may place an account under review to manage risk (e.g., delayed payouts, restricted access). You agree to provide requested information (e.g., identification, registration documents) as needed.
4) Fees, Billing & Taxes
- Some features require payment. Pricing is listed on our website and may change. We will make reasonable efforts to provide at least 15 days’ notice of material price changes.
- You authorise us (and our payment processors) to charge all amounts due to your selected payment method. You are responsible for all applicable taxes, including Kenyan VAT, where applicable.
- Subscriptions renew automatically for successive periods unless cancelled before renewal in your account settings or by contacting support@schoolbooks.co.ke.
- Billing occurs on the subscription billing date.
- We may suspend or terminate access for unpaid amounts and charge reasonable costs related to collections, chargebacks, and interest, to the extent permitted by Kenyan law.
5) Use of Service & Licence
- Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your school’s internal business purposes.
- You must not reproduce, modify, create derivative works of the Service, reverse engineer, attempt to extract source code (except where permitted by law), circumvent security, or use the Service unlawfully.
6) Service-Specific Terms
6.1 Invoicing & Payments: Invoices and collections may be processed via third-party processors (e.g., M-PESA Paybill/Till, card processors, or banks). You must hold and maintain valid payment accounts and comply with those providers’ terms. Schoolbooks Accounting is not liable for failures or errors of payment processors or networks.
6.2 Electronic Signatures: The Service may enable electronic signatures. To the extent permitted under applicable Kenyan law, you agree such signatures have the same legal effect as handwritten signatures. You are responsible for the content of documents and for any verification or authentication requirements that apply to you.
7) Intellectual Property & Feedback
The Service, software, and all related materials are owned by Schoolbooks Accounting or its licensors and are protected by law. No rights are granted except as expressly stated. If you provide feedback or suggestions, you grant us a perpetual, royalty-free licence to use them without restriction.
8) Third-Party Services
The Service may integrate or link to third-party services. Your use of such services is governed by their terms. We are not responsible for third-party services or content.
9) User Content
Some features let you upload or submit content (“User Content”). You retain your rights in your User Content, but grant us a non-exclusive licence to host, process, and display it as needed to provide the Service.
You represent that you have all necessary rights to your User Content and that it does not violate law or others’ rights.
We may remove content we reasonably believe breaches these Terms or applicable law. See our Privacy Policy for how we process personal data.
10) Prohibited Conduct
- Illegal use or use in violation of Kenyan law or applicable payment-network rules;
- Interference with the Service, security, or other users;
- Unauthorised access, data scraping, or reverse engineering beyond what the law permits;
- Posting infringing, defamatory, or unlawful content;
- Fraudulent activity or misrepresentation;
- Bypassing account or usage limits.
11) Changes to Terms & Service
We may update these Terms from time to time. Material changes will take effect 30 days after posting or notice to you, unless stated otherwise. If you do not agree, stop using the Service.
12) Term & Termination
These Terms apply from the time you accept or first use the Service and continue until terminated. We may suspend or terminate your access for breach, risk, or inactivity. You may terminate at any time by contacting support@schoolbooks.co.ke.
Upon termination, your licence ends and access may cease. You remain responsible for fees due and should retain copies of your data as access may not be available after termination.
13) Indemnity
To the fullest extent permitted by law, you will defend and indemnify Schoolbooks Accounting and its affiliates against third-party claims arising from your unauthorised use of the Service, breach of these Terms, violation of law, or infringement of third-party rights.
14) Disclaimers
SCHOOLBOOKS ACCOUNTING IS A TECHNOLOGY PROVIDER AND DOES NOT PROVIDE LEGAL, TAX, OR ACCOUNTING ADVICE. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW.
15) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SCHOOLBOOKS ACCOUNTING, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY, “SCHOOLBOOKS ENTITIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATING TO:
Your access to or use of, or inability to access or use, the Service;
Any conduct or content of any third party on or through the Service;
Any unauthorized access, use, or alteration of your transmissions or data;
Any reliance placed by you or your institution on information obtained through the Service;
Any other matter relating to the Service, whether based in contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.
EXCEPT AS OTHERWISE REQUIRED BY KENYAN LAW, THE TOTAL AGGREGATE LIABILITY OF THE SCHOOLBOOKS ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, OR ANY RELATED TRANSACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:
The total amount paid by you to Schoolbooks Accounting for the Service during the twelve (12) months immediately preceding the event giving rise to the claim; or KES 15,000.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF SCHOOLBOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY APPLICABLE LAW IN KENYA, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.
16) Dispute Resolution & Arbitration (Kenya)
- Except as set out below, any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration in Nairobi, Kenya under the Arbitration Act, 1995 (Kenya), administered in accordance with the rules of the Nairobi Centre for International Arbitration (NCIA).
- The seat of arbitration is Nairobi, the language is English, and there shall be one arbitrator appointed under NCIA rules.
- Exceptions: either party may bring an individual claim in Small Claims Court or other court of competent jurisdiction in Kenya; seek interim/injunctive relief; or bring claims relating to intellectual property infringement in court.
- No class actions: disputes will be resolved on an individual basis only.
- Opt-out: You may opt out of arbitration within 30 days of first acceptance by emailing support@schoolbooks.co.ke with subject “Arbitration Opt-Out” and your account details. If you opt out, Section 17.2 (Governing Law & Courts) applies.
17) Miscellaneous
- 17.1 Entire Agreement: these Terms, our Privacy Policy, and referenced policies form the full agreement between you and us regarding the Service. If any provision is held invalid, the remaining provisions remain in full force.
- 17.2 Governing Law & Courts: These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-laws principles. Subject to Section 16, the courts of Nairobi, Kenya shall have exclusive jurisdiction.
- 17.3 Privacy: Please read our Privacy Policy for information on how we collect and process personal data in accordance with the Data Protection Act, 2019 (Kenya) and applicable regulations.
- 17.4 Publicity: You grant us a revocable, royalty-free licence to use your name and logo to identify you publicly as a customer. You may withdraw consent on 30 days’ written notice.
- 17.5 Export & sanctions compliance: You agree to comply with applicable sanctions and export laws and not to grant access contrary to those laws.
- 17.6 Contact: Schoolbooks Accounting — support@schoolbooks.co.ke.