1. The agreement
These terms are an agreement between BAYH Solutions Ltd (RC 9724054) and the business that subscribes to EstateFlow(“the Customer”). Each person with a staff or owner account accepts them on the Customer’s behalf when they first sign in. An order form or quote agreed by both sides sets out the buildings, unit limits, price and term; where it conflicts with these terms, the order form wins.
2. The service
EstateFlow records rent, maintenance fees, deposits and building charges, issues receipts, sends reminders and notices, and gives tenants a portal. We provide it as an online service; the Customer does not receive a copy of the software.
3. Accounts
The Customer decides who in its organisation gets an account and what role they have. Each person keeps their own password private. The Customer is responsible for what is done through its accounts, and tells us promptly at info@bayhsolutions.com if an account may have been misused.
4. The Customer’s records are the Customer’s
The Customer owns the data it and its tenants put into EstateFlow. The Customer is responsible for the accuracy of what it records — amounts, dates, payers, tenancy start and end dates — and for having a lawful basis to collect its tenants’ data. EstateFlow calculates balances from what is recorded; it cannot correct a payment that was entered wrongly.
5. Our commitments
- We keep the service available and aim for 99.5% uptime each month, excluding announced maintenance.
- We back up the data and protect it as described in our Privacy Policy and Data Processing Agreement.
- We fix faults that affect balances or receipts as a priority, and tell the Customer when a fault has affected their records.
6. Fees and payment
Fees, currency and billing period are set in the order form. Invoices are due within 14 days. If a payment is more than 30 days late, we may move the account into a grace period and then suspend access after written notice. The Customer’s data is kept during a suspension.
7. Acceptable use
The Customer will not use EstateFlowto send unlawful, misleading or abusive messages to tenants, to collect data it has no right to, or to attempt to access another customer’s data or disrupt the service.
8. Ending the agreement
Either side may end the subscription at the end of a billing period with 30 days’ written notice. Either side may end it at once if the other seriously breaches these terms and does not fix the breach within 30 days of being told. After the end, the Customer can export its data for 60 days; after that we delete it, except where the law requires us to keep it.
9. Liability
Nothing limits liability for fraud, or for death or personal injury caused by negligence. Otherwise, each side’s total liability under this agreement in any 12 months is limited to the fees paid in those 12 months, and neither side is liable for indirect losses or lost profits. We are not liable for losses caused by records the Customer entered incorrectly.
10. Changes to the service and these terms
We may improve the service. We will give 30 days’ notice of any change to these terms that reduces the Customer’s rights, and the Customer may end the agreement before the change takes effect. Account holders are asked to accept each new version when they next sign in.
11. Law and disputes
These terms are governed by the laws of the Federal Republic of Nigeria. The parties will first try to settle any dispute by negotiation for 30 days; if that fails, the courts of Nigeria will decide it. This does not take away any right the Customer has under laws of its own country that cannot be excluded by agreement.