Legal

Karibuwebdev Ltd Terms of Service

These terms govern your use of our services and establish the legal relationship between you and Karibu Webdev.

Last updated: December 18, 2024
Version: v1.0
Agreement to Terms

By accessing and using the services provided by Karibu Webdev ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

Services Description

Karibu Webdev provides web development, mobile app development, UI/UX design, technical consulting, and related digital services. Our services include but are not limited to:

Custom Web Development
Mobile App Development
UI/UX Design Services
API Integrations & DevOps
Technical Consulting
Maintenance & Scaling
Bulk SMS Integration
Digital Strategy Consulting
Custom ERPs (hotels, supply chain, etc)
Client Responsibilities

As a client, you agree to:

Provide Accurate Information

Supply complete, accurate, and timely information necessary for project completion.

Timely Communication

Respond to requests for feedback, approvals, and information within agreed timeframes.

Content Responsibility

Ensure all content provided is original, legally owned, or properly licensed.

Payment Obligations

Make payments according to the agreed schedule and terms.

Compliance

Ensure your use of our services complies with all applicable laws and regulations.

Feedback and Approvals

Provide clear, constructive feedback and formal approvals at project milestones.

Payment Terms

Payment Schedule

  • Projects follow a 30/40/30 payment structure:
  • 30% deposit required before work begins
  • 40% due at project milestone (typically 50% completion)
  • 30% final payment due upon project completion and delivery
  • Monthly retainer services billed in advance
  • Custom payment schedules may be arranged for larger projects

Payment Methods

We accept the following payment methods:

  • Bank transfer (preferred method)
  • Mobile money (M-Pesa, Airtel Money)
  • Credit/Debit cards
  • PayPal (for international clients)

Late Payments

Payments not received within 30 days of the due date may incur a late fee of 2% per month. We reserve the right to suspend services for accounts with overdue payments exceeding 60 days.

Intellectual Property & Portfolio Rights
Ref: TOS – Intellectual Property & Portfolio Rights

Ownership Rights

Upon full payment, all deliverables (code, designs, documentation) become the property of the Client. Karibu Web Dev retains rights to its proprietary tools and reserves the right to showcase the project in its portfolio unless otherwise agreed in writing.

Code Ownership During Development

During the development process, the following ownership and access arrangements apply:

  • Repository Access: Clients may be granted read-only access to private development repositories for progress tracking and review purposes
  • Work-in-Progress Code: All code remains the property of Karibu Web Dev until full payment is received
  • Shared Development Assets: Design mockups, wireframes, and documentation shared during development are for review purposes only
  • Version Control: We maintain full control of the main development branch and deployment processes until project completion
  • Early Termination: If the project is terminated before completion, clients receive only the work completed up to the last paid milestone
  • Code Transfer: Upon full payment, complete source code, repository access, and all development assets are transferred to the client

Client-Owned Content

You retain ownership of all content, data, and materials you provide to us. You grant us a license to use this content solely for the purpose of providing our services.

Developed Work

Upon full payment, you will own the custom code, designs, and deliverables specifically created for your project. This excludes our proprietary tools, frameworks, and pre-existing intellectual property.

Third-Party Components

Projects may include third-party components, libraries, or services subject to their respective licenses. We will inform you of any significant third-party dependencies.

Portfolio Rights

We reserve the right to showcase completed projects in our portfolio and marketing materials unless otherwise agreed in writing. Client confidentiality will be maintained where requested.

Project Scope and Changes

Scope Definition

Project scope, deliverables, timelines, and costs will be clearly defined in a separate project agreement or statement of work before work begins.

Change Requests

Changes to the agreed scope may result in additional costs and timeline adjustments. All change requests must be approved in writing before implementation.

Revisions

Each project includes a specified number of revision rounds. Additional revisions beyond the agreed limit will be charged at our standard hourly rate.

Service Warranty & Disclaimers
Ref: TOS – Service Warranty

Service Warranty

We warrant that our services will be performed with professional skill and care in accordance with industry standards. We will correct any defects in our work at no additional cost for a period of 90 days after project completion, provided that:

  • The defect is not caused by client modifications or third-party interventions
  • The defect is reported within the warranty period
  • The client has fulfilled all payment obligations

Performance Standards

Our deliverables will meet agreed specifications and industry best practices for security, performance, and accessibility where explicitly defined in the project scope.

Disclaimer

Except as expressly stated, our services are provided "as is" without warranties of any kind. We do not guarantee specific results, performance metrics, or business outcomes.

Third-Party Services

We are not responsible for the performance, availability, or security of third-party services, platforms, or integrations used in your project.

Limitation of Liability

To the maximum extent permitted by law, Karibu Webdev's total liability for any claims arising from our services shall not exceed the total amount paid by you for the specific service giving rise to the claim.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Termination

Termination by Client

You may terminate our services at any time with written notice. You will be responsible for payment of all work completed up to the termination date.

Termination Fee: If the Client terminates this Agreement for any reason other than Company's material breach, the Client shall pay all fees accrued up to the termination date plus a termination fee equal to 10% of the remaining contract value as liquidated damages and not as a penalty.

Termination by Company

We may terminate our services if you breach these terms, fail to make required payments, or if continuing the relationship becomes impractical.

Effect of Termination

Upon termination, we will deliver all completed work and transfer ownership of paid deliverables. Outstanding invoices remain due and payable.

Confidentiality
Ref: TOS – Confidentiality

Confidential Information

We understand that you may share confidential information with us during the course of our engagement. Confidential information includes but is not limited to:

  • Business plans, strategies, and proprietary processes
  • Customer data, user information, and analytics
  • Financial information and pricing strategies
  • Technical specifications and trade secrets
  • Any information marked as confidential or that would reasonably be considered confidential

Our Commitments

We agree to:

  • Keep all confidential information strictly confidential
  • Use confidential information solely for providing our services
  • Not disclose confidential information to third parties without your written consent
  • Implement appropriate security measures to protect confidential information
  • Return or destroy confidential information upon project completion or request
  • Ensure our team members and subcontractors are bound by similar confidentiality obligations

Duration

Our confidentiality obligations shall survive termination of our services and continue for a period of five (5) years, or indefinitely for trade secrets and proprietary information.

Governing Law and Disputes

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or our services shall first be addressed through good faith negotiations. If unresolved, disputes shall be subject to the jurisdiction of the courts of Kenya.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Email

legal@karibuwebdev.com

Phone

+254 740 717 063

Address

Karibu Webdev
Meru, Kenya