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Terms of Service & Service Level Agreement

Last updated August 25, 2026 · Operated by BIMA Graphics, Thika, Kenya

1. The Service

BIMA Graphics provides ShulePulse, a multi-tenant school management platform (‘Service’), to the School on a subscription basis as described in the applicable order form or subscription plan. Use of the Service is also governed by the ShulePulse Privacy Policy and Data Processing Agreement, which are incorporated into these Terms by reference.

2. Subscription, Fees & Payment

• Fees are as set out in the applicable subscription plan or order form, billed monthly in advance.
• Payment is due within 14 days of invoice date. Overdue accounts may be suspended after written notice, except where suspension would disrupt an active school term — the Provider will act in good faith to avoid disrupting students mid-term.
• Fees may be revised with at least 30 days’ written notice before the next billing cycle.
• All fees are exclusive of applicable taxes (e.g. VAT), which the School is responsible for unless stated otherwise.

3. Data Ownership

• The School owns all data it inputs into the Service, including student records, academic data, financial records, and staff data (‘School Data’). Nothing in these Terms transfers ownership of School Data to the Provider.
• The Provider’s role with respect to School Data is that of a Data Processor, as set out in the Data Processing Agreement between the parties.
• The Provider will not use School Data for any purpose other than providing the Service, except as required by law or with the School’s written consent.
• The School may export its data at any time during the subscription term via the Service’s built-in export tools, or on request.

4. Data on Termination

• Upon termination or expiry of the subscription, the School may request a full export of its School Data within 30 days of the termination date, in a commonly usable format (e.g. CSV, PDF).
• The Provider will retain School Data for 30 days after termination to allow for export, after which it will be permanently deleted from production systems, except where retention is required by law or agreed otherwise in writing.
• The Provider will not hold School Data hostage pending payment disputes — export requests will be honoured regardless of outstanding invoices, though access to the live Service may remain suspended.

5. Uptime Commitment

The Provider targets the uptime and response times below. These are service commitments, not a guarantee of uninterrupted service — factors outside the Provider’s reasonable control (e.g. internet outages, force majeure, third-party service outages such as Supabase or M-Pesa) are excluded.

Metric	Commitment	Notes
Platform Uptime	99.5% monthly uptime target (excluding scheduled maintenance)	Service credit per Section 6
Scheduled Maintenance	Advance notice of at least 24 hours, performed outside school hours where practicable	N/A
Critical Issue (platform down / data inaccessible)	Acknowledged within 2 hours, target resolution within 8 hours	9am–5pm EAT, Mon–Fri
High Priority (major feature broken, no workaround)	Acknowledged within 4 business hours, target resolution within 2 business days	9am–5pm EAT, Mon–Fri
Standard Support (general questions, minor bugs)	Acknowledged within 1 business day	9am–5pm EAT, Mon–Fri

6. Service Credits

If monthly uptime falls below the commitment in Section 5 due to causes within the Provider’s reasonable control, the School may request a service credit against the following month’s invoice:

Monthly Uptime	Credit
< 99.5%	5% of monthly fee
< 99.0%	10% of monthly fee
< 97.0%	25% of monthly fee

Service credits are the School’s sole and exclusive remedy for failure to meet the uptime commitment. Credits must be requested in writing within 30 days of the affected month.

7. Support

Support is provided via email and WhatsApp during 9am–5pm EAT, Mon–Fri. Response times are targets, calculated during business hours, and may vary during periods of unusually high demand (e.g. term start, exam season) — the Provider will communicate proactively if targets are at risk.

8. Maintenance & Changes to the Service

• The Provider may perform scheduled maintenance with advance notice as set out in Section 5.
• The Provider may update, improve, or modify the Service over time. Material changes that reduce core functionality the School relies on will be communicated in advance where practicable.
• Emergency maintenance to address a security vulnerability may be performed without advance notice; the Provider will notify the School as soon as reasonably possible.

9. Security

The Provider maintains the technical and organisational security measures described in the Data Processing Agreement, including row-level multi-tenant data isolation, role-based access control, and regular independent security audits. The Provider will notify the School of any data breach as set out in the Data Processing Agreement.

10. Warranties & Disclaimers

The Provider warrants that it will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, the Service is provided ‘as is’, and the Provider disclaims all other warranties to the extent permitted by Kenyan law.

11. Limitation of Liability

Except in respect of a party’s breach of confidentiality, data protection obligations, or liability that cannot be excluded by law, each party’s total liability under these Terms is limited to the fees paid by the School in the 12 months preceding the claim. Neither party is liable for indirect or consequential losses.

12. Term & Termination

• These Terms remain in effect for the subscription term stated in the order form, renewing automatically unless either party gives 30 days’ written notice of non-renewal.
• Either party may terminate for material breach not remedied within 14 days of written notice.
• The Provider may suspend or terminate access for non-payment as set out in Section 2, or for a School’s material violation of these Terms (e.g. attempting to breach platform security or another School’s data).

13. Governing Law

These Terms are governed by the laws of Kenya. Any dispute arising under these Terms will first be addressed through good-faith negotiation between the parties before either party pursues formal legal action.

14. Changes to These Terms

The Provider may update these Terms from time to time, with at least 30 days’ notice of material changes affecting the School’s rights or obligations.