Effective date: 1 January 2025 · Last updated: January 2025 · Orena Cloud, Inc. · Nairobi, Kenya
This User Agreement (the "Agreement") governs the relationship between Orena Cloud, Inc. (the "Company", "Orena", "we") and any individual or legal entity (the "Client", "Customer", "you") who registers an account and uses the services and features provided by Orena Cloud.
By completing registration on orenacloud.com or the Orena console, you confirm that you have read, understood, and unconditionally accept this Agreement. If you do not accept this Agreement, please do not register an account. If Orena makes amendments to this Agreement that you do not accept, you must discontinue use of the Services.
Where you register on behalf of a company or other legal entity, you represent that you are authorised to bind that entity to this Agreement, and "you" refers to that entity throughout.
The following definitions apply throughout this Agreement. Terms not defined here shall be construed according to the Kenya Data Protection Act 2019, the Kenya Information and Communications Act, and general established practice based on the lexical meaning of the term.
| Term | Definition |
|---|---|
| Account | The Client's registered profile on the Orena console, identified by email address and secured by password and optionally two-factor authentication. The Account is the Client's interface for provisioning, managing, and monitoring all Services. |
| Client Balance | The prepaid credit balance held in the Client's Account, denominated in Kenyan Shillings (KES). The balance is increased by payments made by the Client and decreased by the cost of Services consumed. |
| Bonus Balance | A secondary balance credited by Orena under promotional campaigns, referral rewards, or as compensation for SLA breaches. The Bonus Balance may be applied to Service costs but is not redeemable for cash and has no monetary value outside the Orena platform. |
| Services | All cloud infrastructure products and features offered by Orena Cloud including, but not limited to, Cloud Compute, Managed Databases, Object Storage, Web Hosting, Container Orchestration, and any ancillary features accessible through the console or API. |
| Customer Data | All data, content, software, and workloads stored, processed, or transmitted by the Client using the Services. Customer Data remains the sole property of the Client at all times. |
| Console | The Orena Cloud web-based management interface available at console.orenacloud.com, through which the Client may provision, configure, monitor, and manage their Services and Account. |
| Ticket System | The support request system within the Console through which the Client may communicate with Orena's support team, track the status of requests, and receive responses. Tickets constitute the official channel for support communications. |
| Notification Centre | The in-console interface element that delivers notifications to the Client regarding service changes, scheduled maintenance, account activity, billing events, and promotional offers. |
| Service Terms | Service-specific terms and SLA commitments applicable to individual Services, as published on the relevant product pages at orenacloud.com/products. Service Terms supplement this Agreement; in the event of conflict, Service Terms take precedence for the specific Service concerned. |
| Confidential Information | Any non-public information disclosed by one party to the other that is designated as confidential or that would reasonably be understood to be confidential given the nature and circumstances of the disclosure. |
| Effective Date | The date on which the Client completes account registration, at which point this Agreement takes full legal effect between the parties. |
1.1. The subject-matter of this Agreement is the provision by Orena Cloud of cloud infrastructure Services to the Client, and the Client's use of those Services, in accordance with the terms set out herein and in the applicable Service Terms.
1.2. A complete and current list of available Services and their specifications is maintained at orenacloud.com/products. Orena reserves the right to add, modify, or discontinue Services with reasonable notice to the Client.
1.3. The Client acknowledges that cloud infrastructure services are inherently technical in nature and that Orena's obligations are limited to delivering the Services as described in the applicable Service Terms. Orena does not guarantee that the Services are suitable for any specific purpose beyond their stated description.
1.4. This Agreement, together with the Privacy Policy, Cookie Policy, and Terms of Service, constitutes the entire agreement between the parties regarding the Services and supersedes all prior representations, negotiations, or agreements relating to the same subject matter.
2.1. To access the Services, the Client must register an Account by providing a valid email address, creating a password, and supplying any additional information required during the registration process. Registration information must be accurate, complete, and kept current.
2.2. The Client is solely responsible for maintaining the security and confidentiality of their Account credentials. The Client must not share access credentials with unauthorised individuals.
2.3. The Client is responsible for all activity that occurs under their Account, whether or not authorised by the Client. In the event of suspected unauthorised access, the Client must notify Orena immediately at security@orenacloud.com.
2.4. Orena reserves the right to suspend or terminate an Account where: (a) registration information is found to be false or misleading; (b) the Account is used in violation of this Agreement or applicable law; (c) Orena is required to do so by a competent authority; or (d) continued operation of the Account poses a security risk to other customers or to Orena's infrastructure.
2.5. Each Client may hold one Account unless Orena has expressly authorised additional accounts in writing. Sub-accounts may be created within an Account for team members under the authority of the primary account holder, who remains liable for all sub-account activity.
3.1. The Client has the right to:
3.2. The Client is obliged to:
4.1. Orena Cloud has the right to:
4.2. Orena Cloud is obliged to:
5.1. Prepaid model. Orena Cloud operates on a prepaid credit model. The Client must maintain a positive Client Balance to provision and use paid Services. The Client Balance is denominated in Kenyan Shillings (KES) and is topped up by payments made via supported payment methods.
5.2. Payment methods. The Client Balance may be topped up via M-Pesa (Safaricom), Airtel Money, Paystack, Visa, Mastercard, or bank transfer. Minimum top-up amounts and payment processing times for each method are specified in the console billing section.
5.3. Service charges. The cost of Services consumed is automatically deducted from the Client Balance. Charges are calculated based on the pricing in effect at the time of use, as published at orenacloud.com/pricing. Resources are billed from the moment of provisioning to the moment of deletion, on a per-hour or per-month basis as specified for each Service.
5.4. Low balance notifications. Orena will notify the Client via the Notification Centre and registered email address when the Client Balance falls below a configurable threshold. The Client is responsible for maintaining a sufficient balance; Orena is not liable for Service interruptions resulting from an insufficient balance.
5.5. Service suspension for insufficient balance. Where the Client Balance reaches zero, Orena may suspend paid Services after sending at least one notification. Services will be restored promptly upon the Client topping up their balance. If the balance remains at zero for more than 14 days, Orena reserves the right to terminate suspended Services and delete associated resources.
5.6. Bonus Balance. Bonus credits credited by Orena under promotional or compensation arrangements are applied to Service charges before deducting from the Client Balance. Bonus credits have no cash redemption value, do not expire during an active account, and are forfeited upon account termination.
5.7. Refunds. Top-up payments to the Client Balance are non-refundable except where: (a) Orena terminates the Agreement for reasons other than the Client's breach; or (b) required by applicable Kenyan consumer protection law. Unused Client Balance on account closure is forfeited unless the account is closed due to Orena's material breach. Refund requests must be submitted to billing@orenacloud.com within 30 days of the relevant event.
5.8. Taxes. All prices and charges exclude Value Added Tax (VAT). VAT at the applicable Kenyan rate is applied to invoices and is the Client's responsibility. Clients who are VAT-registered businesses may provide their VAT registration number in the console to receive appropriately formatted tax invoices.
6.1. Each party agrees to treat the other party's Confidential Information with at least the same degree of protection it applies to its own confidential information, and in no case less than reasonable care. Neither party shall disclose the other's Confidential Information to any third party without prior written consent, except as required by law.
6.2. Customer Data is and remains the sole property of the Client. Orena does not claim any intellectual property rights over Customer Data and does not use Customer Data for any purpose other than delivering the Services the Client has requested.
6.3. Orena processes personal data in accordance with the Privacy Policy and the Kenya Data Protection Act 2019. Where the Client stores personal data about third parties (such as end users) using the Services, the Client is the data controller for that data and is responsible for ensuring its processing complies with applicable law.
6.4. All Customer Data is stored exclusively in the ke-nairobi-1 data centre in Nairobi, Kenya. Orena does not transfer Customer Data outside Kenya except where strictly necessary and subject to adequate safeguards under DPA 2019.
7.1. Orena's liability. To the maximum extent permitted by applicable Kenyan law, Orena's total aggregate liability to the Client for any and all claims arising under or in connection with this Agreement shall not exceed the total amount paid by the Client to Orena in the three calendar months preceding the event giving rise to the claim.
7.2. Excluded losses. Orena shall not be liable for any indirect, incidental, special, consequential, or punitive losses, including but not limited to loss of revenue, loss of profit, loss of data, or business interruption, even if advised of the possibility of such losses.
7.3. SLA credits as sole remedy. Where Orena fails to meet its uptime SLA commitments, SLA credits issued in accordance with the applicable Service Terms constitute the Client's sole and exclusive remedy for such failure.
7.4. Client indemnification. The Client agrees to defend, indemnify, and hold harmless Orena Cloud, Inc. and its directors, employees, and agents from and against any claims, losses, and expenses arising from: (a) the Client's use of the Services in breach of this Agreement or applicable law; (b) Customer Data, including any claim that it infringes a third party's rights; or (c) the Client's breach of its data protection obligations.
7.5. Nothing in this Agreement limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under applicable Kenyan law.
8.1. This Agreement takes effect on the Effective Date and continues indefinitely until terminated by either party in accordance with this section.
8.2. Termination by the Client. The Client may terminate this Agreement at any time by closing their Account via Console → Account → Close Account. Termination takes effect at the end of the current billing period. Any remaining Client Balance is subject to the refund policy in clause 5.7.
8.3. Termination by Orena. Orena may terminate this Agreement: (a) immediately, upon material breach by the Client including Acceptable Use Policy violations; (b) with 30 days' written notice, at Orena's discretion; or (c) immediately, if required by law or to protect the security of the infrastructure.
8.4. Effect of termination. Upon termination: the Client's access to Services ceases; the Client has 30 days to export Customer Data before it is permanently and irreversibly deleted; any outstanding charges become immediately due; and clauses 6, 7, 9, and 10 of this Agreement survive termination and remain in full force.
9.1. This Agreement is governed by and shall be construed in accordance with the laws of the Republic of Kenya, including the Kenya Information and Communications Act, the Kenya Data Protection Act 2019, and the Law of Contract Act (Cap. 23).
9.2. In the event of a dispute arising out of or in connection with this Agreement, the parties shall first attempt to resolve the dispute informally by contacting legal@orenacloud.com. The parties agree to negotiate in good faith for a period of not less than 30 days before commencing formal proceedings.
9.3. If the dispute cannot be resolved informally, both parties irrevocably submit to the exclusive jurisdiction of the courts of Nairobi, Kenya.
| Provision | Detail |
|---|---|
| Amendments | Orena may amend this Agreement with 14 days' notice for material changes, delivered via the Notification Centre and registered email. Continued use of the Services after the effective date of any change constitutes acceptance. |
| Entire agreement | This Agreement, together with the Privacy Policy, Cookie Policy, Terms of Service, and applicable Service Terms, constitutes the entire agreement between the parties and supersedes all prior agreements. |
| Severability | If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. |
| Assignment | The Client may not assign this Agreement without Orena's prior written consent. Orena may assign this Agreement in connection with a merger, acquisition, or corporate restructuring. |
| Force majeure | Neither party shall be liable for delay or failure to perform obligations caused by events beyond their reasonable control, including acts of God, government actions, power failures, or disruptions to internet infrastructure. |
| Waiver | Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce such provision at a later time. |
| Notices | Notices from Orena are delivered to the Client's registered email address or via the Notification Centre. Notices to Orena must be sent to legal@orenacloud.com and are effective upon confirmed receipt. |
| Language | This Agreement is made in the English language. In the event of any conflict between an English version and any translation, the English version shall prevail. |
By registering an Account on orenacloud.com or the Orena console, the Client acknowledges that they have read, understood, and agree to be bound by this User Agreement in its entirety.