Terms of Service

1. Parties and Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you") and JSKenya Solutions Limited, a company registered in Kenya ("JSKenya", "we", "us"). These Terms govern:

• Your use of our website at jskenyasolutions.co.ke.
• The provision of any technology services, software development, digital marketing, or related services.
• Use of our software products: SafariSync, Itinerary Builder, and Internet Manager.

Where a separate written project agreement or Service Level Agreement exists, that document governs in the event of conflict with these Terms.

2. Website Use

You may use our website for lawful purposes only. You agree not to:

• Use the website in any way that violates applicable Kenyan or international laws.
• Transmit unsolicited commercial communications (spam).
• Attempt to gain unauthorised access to any part of our website or systems.
• Use automated tools to scrape, crawl, or extract data from our website without prior written consent.
• Upload or transmit any malicious code, viruses, or harmful content.

We reserve the right to terminate or restrict your access to our website at any time without notice if we believe you have violated these Terms.

3. Services and Project Agreements

3.1 Engagement

All service engagements begin with a written proposal or quotation. Work commences only upon written acceptance of our quotation and receipt of the agreed deposit (typically 30–50% of the project value). Verbal agreements are not binding.

3.2 Client Obligations

You agree to:

• Provide accurate, complete, and timely information, content, and access required for project delivery.
• Designate a single point of contact with authority to approve deliverables.
• Review and provide feedback on deliverables within 7 business days of submission.
• Ensure all content, images, and materials provided to us do not infringe any third-party intellectual property rights.

3.3 Scope Changes

Any changes to the agreed project scope must be documented in writing and may result in revised timelines and additional costs. We will provide a written change request notice before proceeding with any out-of-scope work.

3.4 Timelines

Project timelines are estimates based on timely client feedback and provision of required materials. JSKenya is not liable for delays caused by late client responses, third-party dependencies, or circumstances outside our control.

4. Payments and Fees

4.1 Payment Terms

Unless otherwise agreed in writing:

• A deposit of 30–50% is due before work commences.
• The balance is due upon project completion and before transfer of deliverables or launch.
• Monthly retainer fees are due on the 1st of each month.
• Invoices are payable within 7 days of issue unless otherwise specified.

4.2 Late Payments

Outstanding invoices attract a late payment charge of 2% per month on the overdue balance. Work may be suspended and deliverables withheld pending settlement of overdue amounts. We reserve the right to take legal action to recover unpaid fees.

4.3 Refunds

Deposits are non-refundable once work has commenced. Where a project is cancelled before commencement, we will refund deposits less any reasonable costs already incurred. Completed milestones are non-refundable.

4.4 Third-Party Costs

Costs of third-party services (domain registration, hosting, premium plugins, stock imagery, advertising spend) are in addition to our service fees and are the client's responsibility unless explicitly included in the quotation.

5. Intellectual Property

5.1 Client-Owned Materials

All content, logos, trademarks, and materials you provide to us remain your property. You grant us a licence to use them solely for delivering the contracted services.

5.2 Deliverables

Upon full payment of all outstanding fees, intellectual property rights in bespoke deliverables created specifically for your project transfer to you. This excludes pre-existing JSKenya code libraries, frameworks, and tools used in the build.

5.3 JSKenya Materials

Our website content, branding, proprietary software (SafariSync, Itinerary Builder, Internet Manager), code frameworks, and methodologies remain the intellectual property of JSKenya Solutions Limited. You may not copy, reproduce, or reverse-engineer them without written permission.

5.4 Portfolio Rights

Unless you instruct us otherwise in writing, we reserve the right to display completed projects in our portfolio and marketing materials.

6. Software Products (SafariSync, Itinerary Builder, Internet Manager)

6.1 Licence

Access to our software products is provided as a subscription licence. The licence is non-exclusive, non-transferable, and limited to your authorised users. You may not sub-license, resell, or make the software available to third parties.

6.2 Acceptable Use

You agree to use the software only for its intended purpose and in compliance with all applicable laws. You must not attempt to reverse-engineer, decompile, or create derivative works based on the software.

6.3 Data

You own all data you input into our software products. We will not access your data except for support purposes with your authorisation or as required by law.

6.4 Availability

We aim for 99% uptime but do not guarantee uninterrupted availability. Planned maintenance will be communicated in advance where possible. We are not liable for losses arising from downtime.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of a project. This obligation continues for 3 years after project completion. This does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Warranties and Disclaimers

8.1 Our Warranty

We warrant that services will be performed with reasonable skill and care in accordance with the agreed specification. We provide a 30-day warranty period after project handover during which we will rectify defects in our workmanship at no additional charge.

8.2 Disclaimer

Except as expressly stated, our services and website are provided "as is" without warranties of any kind, express or implied. We do not warrant that our website will be uninterrupted, error-free, or free of viruses.

8.3 Business Results

We do not guarantee specific business results (such as search engine rankings, conversion rates, or revenue) from our services. Results depend on many factors outside our control.

9. Limitation of Liability

To the maximum extent permitted by Kenyan law:

• JSKenya's total liability to you for any claim arising from these Terms or our services shall not exceed the total fees paid by you to JSKenya in the 3 months immediately preceding the claim.
• We shall not be liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profit, loss of data, or loss of business opportunity.
• We shall not be liable for delays or failures caused by circumstances beyond our reasonable control (force majeure), including power outages, internet disruptions, acts of God, government actions, or industrial disputes.

10. Termination

Either party may terminate a service agreement with 30 days' written notice. Upon termination:

• You must pay all fees for work completed up to the termination date.
• We will deliver all completed work products upon receipt of all outstanding payments.
• Each party will return or destroy the other party's confidential information.

We may terminate immediately and without notice if you materially breach these Terms, fail to pay invoices, or engage in any unlawful conduct.

11. Dispute Resolution

We encourage resolution of disputes through direct discussion first. If a dispute cannot be resolved within 30 days, both parties agree to attempt mediation before pursuing legal proceedings. These Terms are governed by and construed in accordance with the laws of Kenya, and both parties submit to the exclusive jurisdiction of the Kenyan courts.

12. General

• Entire agreement: These Terms, together with any project-specific agreement, constitute the entire agreement between the parties.
• Severability: If any provision is found to be unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that right.
• Assignment: You may not assign your rights or obligations without our written consent.
• Amendments: We may update these Terms at any time by posting the revised version on our website. Continued use of our services constitutes acceptance.

13. Contact

For any questions about these Terms, please contact us: