OFFICIAL DOCUMENT
Terms of Service
Kevin Mbugua Kiarie - Software Development Services
Effective Date
November 24, 2025
Last Updated
November 24, 2025
Document ID
TOS-2025-001
Version
1.0
These Terms of Service ("Terms") constitute a legally binding agreement governing your use of services provided by Kevin Mbugua Kiarie. By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
→ Reference: Privacy PolicyImportant Information
These Terms apply to both local (Kenyan) and international clients. Please pay special attention to Section 2 (Service Scope) and Section 3 (Payment Terms) which outline specific provisions for different client types.
Table of Contents
1. Acceptance of Terms
1.1 Agreement to Terms
By accessing or using our services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.
1.2 Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.
2. Service Scope and Availability
2.1 Local Clients (Kenya)
For clients based in Kenya, we provide full-spectrum software development services including web applications, mobile apps, and graphic recording. Services include on-site consultations, face-to-face meetings, and local payment options including M-Pesa, bank transfers, and cash payments.
2.2 International Clients
We welcome clients from around the world. International services are provided remotely via video conferencing, email, and project management tools. All communications are conducted in English, and we accommodate different time zones by scheduling meetings at mutually convenient times.
2.3 Service Limitations
We reserve the right to refuse service to anyone for any reason at any time. Services may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control.
3. Pricing and Payment Terms
3.1 Pricing Structure
All prices are quoted in USD or KES depending on client location and preference. Prices are subject to change with 30 days notice. Custom quotes are provided based on project scope, complexity, and timeline. Quotes are valid for 30 days from the date of issue.
3.2 Payment Schedule
Standard payment terms: 50% deposit required to commence work, 25% upon completion of milestone deliverables, and 25% upon final delivery and approval. For projects under $1,000 USD, full payment may be required upfront.
3.3 Payment Methods - Local Clients
We accept M-Pesa, bank transfers to Kenyan banks (Equity Bank, KCB, Co-operative Bank), and cash payments for local clients. M-Pesa payments should be sent to: +254 111 947 937 (Kevin Mbugua Kiarie).
3.4 Payment Methods - International Clients
International payments accepted via PayPal, Wise (TransferWise), Western Union, bank wire transfers, and cryptocurrency (Bitcoin, Ethereum). All international wire transfer fees are the responsibility of the client.
3.5 Currency and Exchange Rates
For international clients, prices quoted in USD will be converted at the prevailing exchange rate at the time of payment. We use mid-market rates from xe.com or similar reputable sources.
3.6 Late Payments
Payments are due within 7 days of invoice date. Late payments may incur a fee of 5% per month or the maximum allowed by law. Work may be suspended if payment is more than 14 days overdue.
4. Client Responsibilities
4.1 Information Provision
Clients must provide accurate, complete, and timely information necessary for project completion. This includes access credentials, brand assets, content, and feedback. Delays caused by clients may result in project timeline extensions and additional fees.
4.2 Communication
Clients must maintain regular communication throughout the project. Response time to queries should not exceed 48 business hours. For international clients, we understand time zone differences and accommodate accordingly.
4.3 Approval and Revisions
Clients must review deliverables and provide feedback within 5 business days. Each project phase includes up to 3 rounds of revisions. Additional revisions will be charged at our standard hourly rate.
5. Refund and Cancellation Policy
5.1 Deposits
Initial deposits are non-refundable once work has commenced. If the project is cancelled before work begins, deposits are refundable minus a 10% administrative fee.
5.2 Project Cancellation by Client
Clients may cancel projects at any time. Cancellation requires written notice. Payment is due for all completed work up to the cancellation date. Unused portions of milestone payments may be refunded.
5.3 Project Cancellation by Us
We reserve the right to cancel projects if client fails to meet payment obligations, provide necessary materials, or maintain professional conduct. In such cases, payment is due for completed work.
5.4 Refund Process
Approved refunds will be processed within 14 business days. Refunds for local clients will be via M-Pesa or bank transfer. International refunds will be returned via the original payment method minus applicable transaction fees.
6. Intellectual Property Rights
6.1 Ownership Upon Payment
Upon receipt of final payment in full, all rights, title, and interest in the deliverables transfer to the client. This includes source code, design files, and documentation.
6.2 Portfolio Use
We reserve the right to display completed work in our portfolio, case studies, and marketing materials unless otherwise agreed in writing. Client confidential information will be redacted.
6.3 Third-Party Assets
Any third-party assets (stock photos, fonts, plugins) used in the project remain property of their respective owners. Clients are responsible for obtaining necessary licenses.
7. Warranties and Disclaimers
7.1 Service Warranty
We warrant that services will be performed with reasonable care and skill. For 30 days after delivery, we will fix bugs and errors at no additional cost (excluding hosting/server issues).
7.2 Disclaimer
Services are provided "as is" without warranties of any kind beyond those stated above. We do not warrant that services will be uninterrupted, error-free, or meet all client requirements.
7.3 Third-Party Services
We are not responsible for failures or issues caused by third-party services, hosting providers, or internet connectivity beyond our control.
8. Limitation of Liability
8.1 Liability Cap
Our total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific project in question.
8.2 Consequential Damages
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
8.3 Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, civil unrest, internet failures, or government actions.
9. Prohibited Uses
9.1 Illegal Activities
You may not use our services for any illegal purpose or to violate any laws. This includes but is not limited to fraud, money laundering, or distribution of illegal content.
9.2 Harmful Content
We reserve the right to refuse projects involving adult content, gambling, hate speech, or any content we deem inappropriate or harmful.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Kenya. For international clients, we will make reasonable efforts to resolve disputes amicably.
10.2 Dispute Resolution
Any disputes shall first be attempted to be resolved through good faith negotiations. If unsuccessful, disputes shall be submitted to mediation before pursuing legal action.
10.3 Jurisdiction
For local clients, the courts of Nairobi, Kenya shall have exclusive jurisdiction. For international clients, we will seek mutually agreeable arbitration venues.
Contact Information
Related Documents
→ Privacy Policy (PP-2025-001)TOS-2025-001
Version 1.0