Terms and Conditions

1. Acceptance of Terms

Welcome to BimaLink ("Platform," "Service," "we," "our," "us"). By accessing or using our insurance management platform available at https://bima.navontech.co.ke, you agree to be bound by these Terms and Conditions ("Terms").

1.1 Agreement

These Terms constitute a legally binding agreement between you ("User," "you") and BimaLink. By registering for an account or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.2 Modifications

We reserve the right to modify these Terms at any time. We will notify users of material changes through platform notifications or email. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Definitions

"Platform" refers to BimaLink insurance management software and related services.
"Agency" refers to insurance agencies or brokers using the Platform.
"Agent" refers to individual insurance agents using the Platform.
"Customer" refers to policyholders whose information is managed through the Platform.
"Content" refers to all data, information, and materials uploaded to the Platform.

3. Account Registration and Security

3.1 Eligibility

• You must be at least 18 years old
• Have legal capacity to enter binding contracts
• Possess valid insurance industry credentials where required
• Provide accurate and complete registration information

3.2 Account Types

Agency Accounts: For insurance agencies and brokerage firms
Agent Accounts: For individual insurance agents
Customer Portals: For policyholder access

3.3 Security Obligations

• Maintain confidentiality of login credentials
• Notify us immediately of unauthorized access
• Use strong passwords and enable two-factor authentication
• Log out after each session

4. Services Description

BimaLink provides an insurance management platform including:

4.1 Core Features

• Policy management and administration
• Customer relationship management
• Claims processing and tracking
• Document management and storage
• Payment processing and commission tracking
• Reporting and analytics
• Customer self-service portals

4.2 Service Levels

• Standard: Basic features for small agencies
• Professional: Advanced features for growing agencies
• Enterprise: Comprehensive features for large organizations

5. User Responsibilities

5.1 Insurance Industry Compliance

• Maintain valid insurance licenses and registrations
• Comply with Insurance Regulatory Authority requirements
• Adhere to professional conduct standards
• Follow anti-money laundering regulations

5.2 Data Accuracy

• Ensure all customer and policy information is accurate
• Update information promptly when changes occur
• Verify customer identity where required by law
• Maintain proper documentation as per insurance regulations

5.3 Prohibited Activities

Users may not:

• Upload false or misleading information
• Engage in fraudulent insurance activities
• Violate insurance industry regulations
• Share login credentials with unauthorized persons
• Use the Platform for illegal purposes

6. Payment Terms

6.1 Subscription Fees

• Fees are billed monthly/annually in advance
• Automatic renewal unless cancelled
• Price changes with 30 days notice
• All fees in Kenyan Shillings (KES)

6.2 Payment Methods

• M-PESA
• Credit/Debit Cards (via Stripe/Paystack)
• Bank Transfers
• PayPal

6.3 Late Payments

• 5% late fee after 7 days
• Service suspension after 14 days
• Account termination after 30 days

7. Intellectual Property

7.1 Platform Ownership

We own all intellectual property rights in:

• Software code and algorithms
• User interface and design
• Documentation and materials
• Branding and trademarks

7.2 User Content

You retain ownership of your:

• Customer data and information
• Policy documents
• Business information
• Uploaded content

7.3 License Grant

We grant you a limited, non-exclusive, non-transferable license to use the Platform for your insurance business operations.

8. Data Protection and Privacy

8.1 Compliance

• Data Protection Act, 2019 compliance
• Insurance industry data protection standards
• Secure handling of sensitive information

8.2 Data Processing

We act as a data processor for your customer data. You remain the data controller and are responsible for:

• Obtaining proper customer consents
• Lawful data processing
• Customer data subject requests

8.3 Security Measures

• Encryption of data in transit and at rest
• Regular security audits
• Access controls and monitoring
• Data backup and recovery

9. Insurance Industry Specific Provisions

9.1 Regulatory Compliance

Users must comply with:

• Insurance Act, Cap 487
• Insurance Regulatory Authority guidelines
• Anti-money laundering regulations
• Professional indemnity requirements

9.2 Professional Standards

• Maintain client confidentiality
• Exercise professional diligence
• Provide accurate advice and information
• Maintain proper records as required by law

9.3 Claims Handling

• Process claims in good faith
• Maintain claims documentation
• Follow fair claims settlement practices
• Comply with claims reporting requirements

10. Liability and Indemnification

10.1 Limitation of Liability

Our maximum liability is limited to:

• The amount paid by you in the previous 6 months
• Direct damages only
• Excludes consequential, indirect, or punitive damages

10.2 User Indemnification

You agree to indemnify us against:

• Violations of insurance regulations
• Data protection breaches
• Professional negligence claims
• Customer disputes and complaints

10.3 Insurance Coverage

You must maintain:

• Professional indemnity insurance
• Cyber liability insurance where appropriate
• Other insurance as required by regulation

11. Service Availability and Support

11.1 Uptime Commitment

• 99.5% monthly uptime guarantee
• Scheduled maintenance with advance notice
• Emergency maintenance as required

11.2 Support Services

• Email support: support@bimalink.co.ke
• Phone support during business hours
• Online documentation and resources
• Training materials and webinars

12. Termination

12.1 Termination Rights

Either party may terminate:

• For material breach with 30 days notice
• Immediately for regulatory violations
• Upon insolvency or bankruptcy

12.2 Effects of Termination

• Immediate cessation of service access
• 30-day data retrieval period
• Permanent deletion after retrieval period
• Outstanding fees become immediately due

13. Dispute Resolution

13.1 Negotiation

• 30-day negotiation period required
• Senior management involvement
• Good faith resolution attempts

13.2 Mediation

• Nairobi-based mediation
• Insurance industry expert mediator
• Shared cost of mediation

13.3 Arbitration

• Binding arbitration in Nairobi
• English language proceedings
• Kenyan law application

14. Governing Law and Jurisdiction

• Governing Law: Laws of Kenya
• Regulatory Compliance: Insurance Regulatory Authority requirements
• Jurisdiction: Courts of Nairobi, Kenya

15. Force Majeure

Not liable for delays or failures due to:

• Natural disasters
• Government actions
• Internet service provider failures
• Other circumstances beyond reasonable control

16. Miscellaneous

16.1 Entire Agreement

These Terms constitute the entire agreement between parties regarding the Service.

16.2 Severability

If any provision is found invalid, the remaining provisions remain in effect.

16.3 Assignment

You may not assign these Terms without our written consent.

16.4 Notices

Notices must be in writing and delivered via:

• Platform notifications
• Registered email
• Postal mail

17. Insurance Regulatory Compliance

17.1 Reporting Obligations

Users must:

• Report regulatory violations promptly
• Maintain proper business records
• Cooperate with regulatory investigations
• Comply with inspection requirements

17.2 Professional Conduct

• Avoid conflicts of interest
• Maintain professional independence
• Provide fair treatment to customers
• Disclose material information

18. Customer Protection

18.1 Fair Treatment

• Treat customers fairly and transparently
• Provide clear policy information
• Handle complaints promptly
• Maintain adequate complaint records

18.2 Disclosure Requirements

• Clear commission disclosure
• Policy terms and conditions
• Claims process information
• Cancellation and refund policies

19. Contact Information

BimaLink Support
Email: support@bimalink.co.ke
Phone: +254 720 445005
Address: 2-19261 Msa Rd.

Insurance Regulatory Authority
Email: info@ira.go.ke
Phone: +254 20 499 7000
Website: www.ira.go.ke

20. Acceptance

By clicking "I Agree" or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.