Terms of Service

1. Our services

We provide web development, custom software, hosting (VPS and dedicated servers), networking, backup and disaster recovery, IPPBX and VoIP, virtualization, server supply and installation, and renewable energy installation. The specific services, scope and deliverables for your project are set out in a written proposal or order form.

2. Quotations, scope and change control

Every project starts with a written quotation that defines the scope, timeline and price before work begins.

• Work outside that scope is quoted separately before it starts, and is only undertaken with your written approval.
• Delays or additional work you request are treated as a scope change and are quoted and agreed before we proceed.
• Estimates and indicative timelines are not fixed deadlines unless a date is recorded as binding in the proposal.

3. Payment terms

Invoices are issued as set out in your proposal or order form, usually with a deposit before project work begins and the balance on completion or on agreed milestones for larger projects.

• Payments are due within 14 days of the invoice date unless a different term is agreed in writing.
• Services (website maintenance, hosting, backup plans and support agreements) are billed in advance for the relevant period.
• If payment is not received by the due date, we may suspend deliverables, hosting or support until the account is settled. Late payments may be charged interest and reasonable recovery costs permitted by law.

4. Client responsibilities

You are responsible for providing accurate information, timely decisions, and access to the systems or materials needed for us to do the work.

You are responsible for the content you publish, for complying with the laws that apply to your business (including the Kenya Data Protection Act, 2019 where you process personal data), and for the security of your own usernames, passwords and accounts.

5. Intellectual property

We do not claim ownership of content or materials you provide.

Upon full payment, we assign to you the ownership of bespoke work we create for you (including custom code, designs and documentation), except where it relies on our pre-existing tools, libraries or methodologies, which remain ours and are licensed to you as part of the delivered service.

Where your project uses a third-party template, theme, plugin, framework or open-source library, ownership remains with its respective owner and is licensed to you under that owner’s terms.

6. Acceptable use

You agree not to use our services, servers or infrastructure to do anything unlawful, including the sending of unsolicited bulk email, hosting unlawful content, attempting to breach third-party systems, or infringing the rights of others.

Where we host or operate a service for you, we may suspend it without notice if continued operation would expose users, third parties or our infrastructure to immediate and serious risk, and we will tell you as soon as we reasonably can.

7. Hosting and infrastructure

Hosting services operate within a fair-use and service-level framework. Incoming traffic on our VPS and dedicated plans is unlimited; outgoing traffic and CPU/memory usage must remain within normal operating limits for the plan you have chosen.

We do not guarantee that a site or service will be available without interruption. Availability and response commitments for paid hosting are set out in our Service Level Agreement.

8. Limitation of liability

To the maximum extent permitted by law, our total liability arising from a project or service — whether in contract, tort (including negligence) or otherwise — is limited to the total amount you paid us for the specific project or service in the 12 months before the claim.

We are not liable for indirect or consequential loss, including loss of profits, revenue, data, goodwill or business opportunity, except where the law does not allow such a limitation.

Nothing in these terms limits or excludes liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence or for fraud.

9. Suspension and termination

Either party may end a service agreement for material breach that remains uncured 14 days after written notice.

On termination you must pay for all work delivered and services provided up to the date of termination. Upon final payment we will hand over your data, deliverables and credentials in a format we mutually agree, and assist a migration to a provider of your choosing where the service we host is being moved.

10. Confidentiality

We keep confidential the commercially sensitive information you share with us, and we use it only to provide our services. This does not apply to information that is public, independently developed, or required to be disclosed by law.

11. Governing law and disputes

These terms are governed by the laws of the Republic of Kenya. The parties will first attempt to resolve any dispute through good-faith negotiation, and failing that the courts of Kenya shall have exclusive jurisdiction.

12. Contact

Questions about these terms can be sent to bnderi@nawetechltd.co.ke or to Nawe Technologies Ltd, Kangundo Road, Nairobi, Kenya.