Terms and conditions

1. About these terms

These terms and conditions ("Terms") apply to your use of the website cinco-demayo.com (the "Website") operated by Cinco De Mayo Technologies ("we", "us", "our"). By using the Website you accept these Terms. If you do not agree, please do not use the Website.

Part B of these Terms sets out general terms for our software and services. Where you sign an order form, master services agreement, licence agreement or statement of work with us (an "Agreement"), the Agreement takes priority over these Terms.

Part A: Use of the Website

2. Website content

The Website provides general information about our software and services. Although we take care to keep it accurate and up to date, content is provided for information only and does not constitute professional, legal, tax, accounting or financial advice. Descriptions of features and timelines are indicative and depend on each client's requirements and circumstances.

3. Intellectual property

The Website and its content, including text, graphics, logos, designs and software, are owned by or licensed to us and are protected by intellectual property laws. You may view and print pages for your own internal business reference. You may not copy, reproduce, republish, modify or commercially exploit any content without our written permission, except that you may quote short extracts with a link back to the source page.

4. Acceptable use

You must use the Website lawfully and in line with our acceptable use policy. You must not attempt to gain unauthorised access to the Website or its systems, introduce malicious code, overload the Website or use automated means to submit forms.

5. Comments and submissions

When you post a comment or submit information, you confirm that it is accurate, lawful and your own, and you give us a non-exclusive, royalty-free licence to publish, edit for length or clarity, and remove it. We moderate comments and may decline or remove any comment at our discretion.

6. Links

The Website may link to third-party websites. We do not control and are not responsible for their content or privacy practices.

7. Availability

We aim to keep the Website available but do not guarantee uninterrupted access. We may change, suspend or withdraw any part of the Website without notice.

Part B: General terms for software and services

8. Quotes and orders

Quotes are valid for 30 days unless stated otherwise. A contract is formed only when we confirm an order in writing or both parties sign an Agreement.

9. Ready-to-use deployments

Our "live in as little as 24 hours" timeline applies to ready-to-use products once we have received complete company details, users, master data and configuration rules from you. Delays in providing information, or requests beyond the standard configuration, may extend the timeline.

10. Fees and payment

Fees, billing frequency and payment terms are set out in the order or Agreement. Unless stated otherwise, invoices are payable within 14 days. We may suspend services for overdue amounts after giving reasonable notice.

11. Client responsibilities

You are responsible for the accuracy of data you provide, for configuring business rules you instruct us to apply (including tax and statutory rates where you choose to manage them), for reviewing outputs such as payroll before approval, and for keeping user credentials secure.

12. Intellectual property in software

Unless an Agreement states otherwise, we retain ownership of our software products, platforms and reusable components, and grant you a non-exclusive licence to use them for the subscription or licence term. Ownership of bespoke code is agreed in each Agreement. You retain ownership of your data.

13. Data protection and confidentiality

Each party will keep the other's confidential information confidential. Where we process personal data on your behalf, we do so as a processor under a data processing agreement and in line with applicable data protection law. See our privacy policy and security page.

14. Warranties

We will provide services with reasonable skill and care. Except as expressly stated in an Agreement, all other warranties, conditions and terms implied by law are excluded to the fullest extent permitted.

15. Limitation of liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited by law. Subject to that, we are not liable for indirect or consequential loss, or for loss of profit, revenue, business or goodwill, and our total liability arising from the Website is limited to 100 United States dollars. Liability for software and services is set out in the relevant Agreement or, if none, is limited to the fees paid in the 12 months before the claim.

16. Termination

Either party may terminate a services contract as set out in the Agreement. On termination, we will make your data available for export for 30 days and then delete it, unless the law requires us to keep it.

17. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control.

18. Governing law

These Terms are governed by the laws of the Federal Republic of Nigeria, and the courts of Nigeria have jurisdiction, unless an Agreement provides otherwise. Before starting proceedings, the parties will try in good faith to resolve any dispute through discussion between senior representatives.

19. Changes

We may update these Terms from time to time. The version on the Website at the time you use it applies.

20. Contact

Questions about these Terms can be sent through our contact form.