Terms of Service

1. Acceptance of Terms

By accessing and using TECHenya Solutions' website, services, or products, you ("Client," "You," or "Your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between You and TECHenya Solutions ("We," "Us," or "Our"), a company registered in Kenya with offices at 4th Floor, Delta Corner, Ring Road, Westlands, Nairobi, Kenya.

2. Services Description

TECHenya Solutions provides digital marketing and technology services including but not limited to:

• Search Engine Optimization (SEO)
• Pay-Per-Click (PPC) Advertising
• Social Media Marketing
• Website Design and Development
• Ecommerce Solutions
• AI Chatbot Implementation
• AI Automation Services
• AI Training and Consulting
• Mobile App Development
• Content Creation and Marketing

3. Client Responsibilities

As a Client, You agree to:

• Provide accurate, complete, and timely information required for service delivery
• Maintain access to necessary accounts, platforms, and systems
• Respond promptly to requests for information, approvals, or feedback
• Ensure all provided content complies with applicable laws and regulations
• Pay all fees and charges as outlined in your service agreement
• Not interfere with or disrupt our services or systems

4. Payment Terms

4.1 Fee Structure

Service fees are outlined in your specific service proposal or agreement. Fees may be structured as:

• Fixed project fees
• Monthly retainers
• Hourly rates
• Performance-based pricing
• Custom arrangements

4.2 Payment Methods

We accept the following payment methods:

• M-Pesa (Kenya)
• Bank Transfer (Kenya and International)
• PayPal
• Credit/Debit Cards
• PesaPal

4.3 Payment Schedule

• New Projects: 50% upfront, 50% upon completion
• Monthly Services: Payment due in advance for the upcoming month
• Hourly Work: Payment due within 7 days of invoice
• Custom arrangements: As specified in your agreement

4.4 Late Payments

Payments not received by the due date are subject to:

• Late payment fee of 5% per month on outstanding amounts
• Suspension of services until payment is received
• Interest at the rate of 1.5% per month on overdue amounts

5. Credit Policy

5.1 Credit Terms

Credit may be extended to established Clients subject to approval:

• Credit applications must be approved in writing
• Credit limits are determined based on business history and payment record
• Credit terms are Net 30 days from invoice date
• We reserve the right to modify or revoke credit terms at any time

5.2 Credit Requirements

To qualify for credit, Clients must provide:

• Valid business registration documents
• Trade references (minimum 3)
• Bank account information
• Financial statements (for larger credit amounts)

5.3 Credit Default

In case of credit default:

• All outstanding amounts become immediately due
• Credit privileges will be suspended
• Collection costs may be charged to the Client
• Legal action may be pursued to recover amounts owed

6. Intellectual Property

6.1 Our Intellectual Property

We retain all rights, title, and interest in:

• Pre-existing intellectual property
• Methodologies, processes, and systems
• Software, tools, and proprietary technology
• Training materials and documentation

6.2 Client Intellectual Property

You retain ownership of:

• Your pre-existing intellectual property
• Content and materials you provide
• Your customer data and business information

6.3 Work Product

Upon full payment:

• You own the final deliverables created specifically for you
• We retain a license to use work for portfolio and marketing purposes
• We may reuse non-proprietary methodologies and processes

7. Confidentiality

Both parties agree to maintain confidentiality of:

• Business information, strategies, and plans
• Financial information and pricing structures
• Customer data and personal information
• Technical information and trade secrets
• Any information marked as confidential

This confidentiality obligation survives the termination of our business relationship.

8. Service Level Agreement

8.1 Response Times

• Critical Issues: Within 4 business hours
• High Priority: Within 8 business hours
• Normal Priority: Within 24 business hours
• Low Priority: Within 48 business hours

8.2 Uptime Guarantees

For hosted services we guarantee:

• 99.5% uptime for standard hosting
• 99.9% uptime for premium hosting
• Service credits for downtime exceeding guarantees

9. Termination

9.1 Termination by Client

You may terminate services with:

• 30 days written notice for monthly services
• Mutual agreement for project-based work
• Payment for all work completed up to termination date

9.2 Termination by TECHenya

We may terminate services for:

• Non-payment of fees
• Breach of these Terms
• Illegal or unethical activities
• Failure to provide necessary cooperation

10. Limitation of Liability

To the fullest extent permitted by law:

• Our total liability is limited to fees paid for the specific service
• We are not liable for indirect, consequential, or punitive damages
• We are not liable for lost profits or business interruption
• Some jurisdictions do not allow limitation of liability

11. Indemnification

You agree to indemnify and hold us harmless from:

• Claims arising from your content or materials
• Claims arising from your breach of these Terms
• Claims arising from your violation of laws or rights of others
• All reasonable costs, expenses, and legal fees

12. Data Protection and Privacy

We are committed to protecting your personal data:

• We comply with applicable data protection laws
• Personal data is processed according to our Privacy Policy
• We implement appropriate security measures
• Data is retained only as long as necessary

13. Dispute Resolution

13.1 Good Faith Negotiation

Before pursuing formal dispute resolution, both parties agree to negotiate in good faith to resolve any disputes.

13.2 Governing Law

These Terms are governed by the laws of Kenya, without regard to conflict of law principles.

13.3 Jurisdiction

Any legal proceedings shall be conducted in the courts of Nairobi, Kenya.

14. Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet outages or third-party service failures
• Pandemics or public health emergencies

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior discussions and agreements.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by both parties.

15.4 Notices

All notices shall be in writing and delivered to:

• TECHenya Solutions: 4th Floor, Delta Corner, Ring Road, Westlands, Nairobi, Kenya
• Email: [email protected]
• Phone: +254 740070061

15.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

16. Contact Information

For questions about these Terms of Service, please contact:

• Email: [email protected]
• Phone: +254 740070061
• Address: 4th Floor, Delta Corner, Ring Road, Westlands, Nairobi, Kenya 00606

17. Amendments

We reserve the right to amend these Terms at any time. Changes will be effective immediately upon posting on our website. Continued use of our services constitutes acceptance of the amended Terms.

Last Updated: April 3, 2026