1. About these terms
These Terms of Service (“Terms”) govern your use of this website and any computer programming, software development, design, hosting, maintenance or consulting services (“Services”) provided by Spursud Trading Limited, a private limited company registered in Kenya under company number PVT-RXU22JQR, with its registered office at Epic Business Park, Links Road, Nyali, Mombasa (“Spursud”, “we”, “us”). By using our website, accepting a quotation or paying an invoice, you (“the Client”) agree to these Terms. Where a signed proposal, statement of work or service agreement conflicts with these Terms, the signed document takes priority.
2. Quotations and scope
Prices published on our website are starting prices for guidance only. Each engagement is defined by a written quotation or statement of work describing the deliverables, timeline, price and billing currency (“Scope”). Quotations are valid for thirty (30) days from the date of issue. Work outside the agreed Scope, including new features, additional pages or changes to approved designs, is a change request. We will estimate each change request in writing, and it will only proceed once you approve it.
3. Fees, currency and payment
We invoice in Kenyan shillings (KES) or United States dollars (USD), as stated in your quotation. The billing currency is fixed for the life of the engagement, and we do not adjust invoices for exchange-rate movements. Unless agreed otherwise:
- Fixed-price projects are billed 40% on acceptance, 40% at the agreed mid-point milestone and 20% on delivery;
- Monthly retainers and hosting are billed in advance at the start of each period;
- Hourly work is billed monthly in arrears, in 30-minute increments;
- Invoices are payable within seven (7) days of issue.
Prices exclude Value Added Tax and other applicable taxes, which will be added where required by Kenyan law. You are responsible for any bank, card or mobile-money transfer charges, so that we receive the full invoiced amount. If an invoice is more than fourteen (14) days overdue, we may pause work, suspend hosted services and withhold deliverables until the account is settled.
4. Client responsibilities
You agree to provide timely feedback, content, approvals, access credentials and any other materials reasonably needed to deliver the Services. Delays in providing these may move delivery dates. You confirm that any text, images, logos, data or other materials you give us are owned by you or properly licensed, and that their use will not infringe the rights of any third party or break any law.
5. Intellectual property
Once we have received payment in full, ownership of the custom source code, designs and documentation created specifically for you transfers to you. Until then, all rights remain with Spursud. We keep ownership of our pre-existing tools, libraries, frameworks and know-how, and grant you a perpetual, non-exclusive, royalty-free licence to use them as part of your deliverables. Open-source components remain subject to their own licences. Unless you ask us not to in writing, we may describe the project in general terms in our portfolio, without disclosing confidential information.
6. Acceptance and warranty
You will have ten (10) business days from delivery to test each milestone and report any defects against the agreed Scope. A deliverable is accepted if no defects are reported in that period or when it is used in live production. We will fix defects reported within the warranty period stated in your quotation at no extra cost. This warranty does not cover problems caused by changes made by others, third-party services, hosting environments we do not manage, or misuse.
7. Third-party services
Our solutions may rely on third-party platforms such as cloud hosts, payment gateways, mobile-money providers, app stores and APIs. We are not responsible for their availability, pricing changes or policies. Fees charged by these providers are payable by you unless they are expressly included in your quotation.
8. Confidentiality and data
Each party will keep the other’s non-public business information confidential and use it only for the engagement. Where we process personal data on your behalf, we do so only on your documented instructions and in line with the Kenya Data Protection Act, 2019. Our handling of personal data collected through this website is described in our Privacy Policy.
9. Limitation of liability
To the extent permitted by law, we are not liable for any indirect or consequential loss, including loss of profit, revenue, data or goodwill. Our total liability arising from any engagement is limited to the fees you paid us for that engagement in the twelve (12) months before the claim arose. Nothing in these Terms limits liability that cannot be limited under Kenyan law.
10. Termination
Either party may end an engagement by giving fourteen (14) days’ written notice. If the engagement ends early, you will pay for all work completed up to the termination date and for any committed third-party costs. Refunds are handled under our Refund Policy.
11. Governing law and disputes
These Terms are governed by the laws of the Republic of Kenya. The parties will first try to resolve any dispute through good-faith negotiation. Disputes that are not resolved within thirty (30) days may be referred to mediation and, failing that, to the courts of Kenya, which will have exclusive jurisdiction.
12. Changes and contact
We may update these Terms from time to time. The version published on this page applies to new engagements from its “last updated” date. Questions about these Terms can be sent to [email protected].