TERMS AND CONDITIONS FOR LEASING AN INTERACTIVE SMART BOARD

These Terms and Conditions (“Agreement”) govern the leasing of an Interactive Smart Board by Kibztech Solutions Ltd trading as Smart Board Kenya (“the Company”) to the person, business, organization, or institution leasing the equipment (“the Client”).

By accepting the Interactive Smart Board and making payment, the Client confirms that they have read, understood, and agreed to the following Terms and Conditions.

1. Rental Period and Fees

1.1 The Rental Period shall begin on the date specified in the Lease Agreement and shall end on the agreed return date.

1.2 The rental fee shall be Ksh. 12,500 per day, unless otherwise agreed in writing.

1.3 The full rental fee for the entire Rental Period must be paid 100% upfront before the Interactive Smart Board is released to the Client.

1.4 The rental fee covers the agreed rental period only. Any extension of the Rental Period must be approved by the Company and paid for before the additional rental period begins.

1.5 Late returns will incur an additional charge of Ksh. 12,500 per day, unless an alternative arrangement has been agreed upon in writing with the Company.

2. Security Deposit

2.1 The Client shall pay a refundable Security Deposit of Ksh. 80,000 before receiving the Interactive Smart Board.

2.2 The Security Deposit is separate from the rental fee and does not constitute payment for the Rental Period.

2.3 The Security Deposit shall be refunded within eight (8) working days after the equipment has been returned and inspected, provided there are no damages, missing accessories, loss, theft, or outstanding charges.

2.4 Any deductions made from the Security Deposit shall be documented and communicated to the Client.

2.5 If the cost of repairing or replacing damaged or missing equipment exceeds the Security Deposit, the Client shall be responsible for paying the outstanding balance.

3. Use of the Interactive Smart Board

3.1 The Interactive Smart Board shall only be used for lawful purposes and in accordance with the manufacturer’s operating guidelines and instructions provided by the Company.

3.2 The Client shall not:

• Tamper with, dismantle, modify, or attempt to repair the Interactive Smart Board without authorization from the Company.
• Install unauthorized software that may damage or compromise the equipment.
• Use the equipment for any unlawful purpose.
• Remove, alter, or damage identification labels, serial numbers, or security markings.
• Transfer, sublease, lend, or give the equipment to another person or organization without prior written approval from the Company.

3.3 The Client shall ensure that the Interactive Smart Board is kept in a secure, clean, dry, and suitable environment throughout the Rental Period.

3.4 The Client shall take reasonable precautions to prevent unauthorized access, damage, theft, or misuse of the equipment.

4. Delivery and Return

4.1 Delivery and collection of the Interactive Smart Board may be arranged by Smart Board Kenya.

4.2 Delivery to the Client’s location shall attract an additional delivery charge, which shall be agreed upon and paid before delivery unless otherwise agreed in writing.

4.3 Where applicable, collection or return of the equipment shall be made at the Company’s designated premises during normal business hours.

4.4 The Interactive Smart Board must be returned on or before the agreed return date.

4.5 The equipment must be returned in the same condition in which it was provided, reasonable wear and tear excepted, together with all accessories, cables, remotes, pens, stands, mounts, packaging, and other items supplied with it.

5. Inspection and Damages

5.1 The Interactive Smart Board and its accessories shall be inspected before being handed over to the Client and upon return.

5.2 The Client shall be responsible for any loss, theft, damage, or misuse of the equipment occurring during the Rental Period, except for normal wear and tear or faults attributable to the Company’s equipment.

5.3 Where equipment is damaged, the Company may use the Security Deposit to cover reasonable repair or replacement costs.

5.4 If the repair or replacement costs exceed the Security Deposit, the Client shall pay the outstanding amount upon receiving the relevant invoice or cost assessment.

5.5 The Client should immediately notify Smart Board Kenya of any malfunction, damage, loss, or theft involving the equipment.

6. Cancellation and Refunds

6.1 Cancellations made at least 48 hours before the commencement of the Rental Period shall be eligible for a refund of the prepaid Rental Fee and Security Deposit, subject to any agreed terms and applicable transaction charges.

6.2 Cancellations made less than 48 hours before the commencement of the Rental Period shall attract a cancellation fee of Ksh. 20,000.

6.3 Any refund shall be processed after applicable deductions have been determined and, where applicable, after the equipment has been returned.

7. Liability and Indemnity

7.1 The Company shall not be liable for indirect, incidental, special, or consequential losses arising from the Client’s use of, or inability to use, the Interactive Smart Board, except where liability cannot lawfully be excluded.

7.2 The Client agrees to indemnify and hold the Company harmless from claims, losses, damages, costs, or expenses arising from the Client’s misuse, unauthorized use, negligence, or unlawful use of the equipment.

7.3 Nothing in these Terms and Conditions shall exclude or limit any liability that cannot legally be excluded or limited under applicable Kenyan law.

8. Termination

8.1 The Company reserves the right to terminate the Rental Agreement and recover the Interactive Smart Board if the Client materially breaches any provision of this Agreement.

8.2 Grounds for termination may include, but are not limited to:

• Failure to make required payments.
• Unauthorized transfer or subleasing of the equipment.
• Misuse or intentional damage to the equipment.
• Failure to return the equipment on the agreed date.
• Use of the equipment for unlawful purposes.

8.3 Where termination results from the Client’s breach, the Client may forfeit the Security Deposit and any prepaid rental fees, subject to applicable law and the circumstances of the breach.

8.4 The Client shall remain responsible for any outstanding amounts, damages, losses, or costs arising from the breach.

9. Dispute Resolution

9.1 The parties shall make reasonable efforts to resolve any dispute arising from this Agreement amicably through good-faith negotiation.

9.2 If the dispute cannot be resolved through negotiation, the parties may refer the matter to mediation or arbitration in accordance with applicable laws of Kenya.

9.3 This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.

10. Equipment Ownership

10.1 The Interactive Smart Board and all equipment and accessories supplied under this Agreement remain the property of Kibztech Solutions Ltd trading as Smart Board Kenya.

10.2 The Client obtains only the right to use the equipment for the agreed Rental Period and does not acquire ownership rights over the equipment.

11. Client Responsibilities

The Client agrees to:

• Use the equipment responsibly and only for its intended purpose.
• Keep the equipment secure throughout the Rental Period.
• Prevent unauthorized persons from tampering with the equipment.
• Return all equipment and accessories on time.
• Immediately report any damage, malfunction, loss, or theft.
• Ensure suitable electrical power and operating conditions at the installation or usage location.
• Follow the Company’s reasonable instructions regarding the use, handling, installation, and return of the equipment.

12. Miscellaneous

12.1 This Agreement constitutes the entire understanding between the Company and the Client concerning the leasing of the Interactive Smart Board and supersedes any previous verbal or written agreements relating to the same subject matter.

12.2 Any amendment or variation to this Agreement must be made in writing and agreed upon by both parties.

12.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to apply to the extent permitted by law.

12.4 The Client acknowledges that payment of the rental fee and Security Deposit constitutes acceptance of these Terms and Conditions.