Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you and Tukoweb Solutions Limited, a company incorporated under the laws of Kenya with its registered office at Senteu Plaza, Galana Road, Nairobi, Kenya 00100. References to "Tukoweb", "we", "us", or "our" throughout this document mean Tukoweb Solutions Limited.

These Terms govern your use of our website at tukoweb.com and any services we provide to you. They should be read alongside our Privacy Policy, which explains how we handle your personal data.

Where you engage us for a specific project, a separate Statement of Work (SOW) or client agreement will be prepared. In the event of any conflict between these general Terms and a specific client agreement, the client agreement takes precedence for the matters it covers.

Tukoweb Solutions provides software development, digital transformation, and technology consulting services to businesses across Kenya and East Africa. Our service offering includes, but is not limited to:

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, though we will give reasonable notice to active clients before making any changes that affect ongoing engagements.

Successful project delivery is a collaborative effort. As our client, you agree to the following obligations:

• 1Provide accurate, complete, and timely information, requirements, and feedback necessary for us to deliver the agreed services. Delays in providing required input may result in project timeline adjustments.
• 2Ensure that any content, data, images, logos, or other materials you provide to us do not infringe any third-party intellectual property rights, and that you have the right to use and share those materials with us.
• 3Designate an appropriate point of contact on your side who has the authority to make decisions and approve deliverables. A lack of clear decision-making on the client side is one of the most common causes of project delays.
• 4Pay invoices in accordance with the agreed payment schedule. We cannot be held responsible for delays caused by late payment.
• 5Use our services only for lawful purposes and in compliance with all applicable laws, including Kenyan law and the laws of any other jurisdiction that applies to your business.
• 6Maintain the security of any credentials, API keys, or access details we provide to you during a project. You are responsible for any actions taken under your account or credentials.

Intellectual property ownership in client projects is governed by the specific client agreement for each engagement. The following general principles apply in the absence of a separate written agreement:

Specific payment schedules are set out in individual project agreements. The following general terms apply to all engagements:

• Most projects require a deposit before work begins, typically between 30% and 50% of the total project value. The balance is paid at agreed milestones or upon project completion.
• Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing.
• Late payments may attract interest at the rate of 2% per month on the outstanding balance, calculated from the due date until the date of payment.
• We accept payment via M-Pesa Paybill, bank transfer, Pesapal, and other methods agreed at the time of engagement.
• All prices quoted are in Kenyan Shillings (KES) unless otherwise stated. For international clients, we may quote in USD or EUR, and exchange rate fluctuations may affect the KES equivalent.
• We reserve the right to pause work on a project where a payment milestone is overdue by more than 14 days. Resumption of work will be subject to a revised timeline.
• Quoted prices do not include third-party costs such as API subscriptions, hosting fees, domain registration, or software licences unless explicitly stated in the quote.

Both parties acknowledge that in the course of a project engagement, they may have access to information that is proprietary and confidential to the other party. Each party agrees to:

• ›Keep confidential information strictly confidential and not disclose it to any third party without the other party's prior written consent.
• ›Use confidential information only for the purpose of performing obligations under the engagement.
• ›Take reasonable steps to protect confidential information, using at least the same level of care as it uses to protect its own confidential information.
• ›Notify the other party promptly upon becoming aware of any unauthorised disclosure of confidential information.

These confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, that was already known to the receiving party before disclosure, or that is required to be disclosed by law or court order.

Confidentiality obligations survive the termination of any project engagement for a period of three years.

We take quality seriously. For deliverables produced under a client agreement, we warrant that:

• The work will be performed with reasonable skill and care by qualified professionals.
• The deliverables will materially conform to the agreed specifications and requirements.
• We have the right to enter into the agreement and to grant any intellectual property rights that we agree to transfer to you.
• To the best of our knowledge, the deliverables will not infringe any third-party intellectual property rights.

To the fullest extent permitted by the laws of Kenya, Tukoweb Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website, the services we provide, or any third-party services we recommend or integrate. This includes, without limitation, loss of revenue, loss of data, loss of business, or loss of goodwill, even if we have been advised of the possibility of such damages.

Our total cumulative liability to you for any claim arising out of or related to a specific client engagement shall not exceed the total fees paid by you to us for the specific service or project giving rise to the claim in the twelve months preceding the event that caused the claim.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.

You agree to indemnify, defend, and hold harmless Tukoweb Solutions Limited, its directors, employees, contractors, and agents from and against any claims, losses, damages, costs (including reasonable legal fees), and expenses arising out of or related to:

• ›Your use of our website or services in violation of these Terms.
• ›Content, data, or materials you provide to us that infringe the intellectual property rights of a third party.
• ›Your breach of any applicable law or regulation.
• ›Any misuse of access credentials or systems we provide to you.

When using our website, you agree not to do any of the following:

• ✕Use the website for any purpose that is unlawful or that violates any applicable local, national, or international law or regulation.
• ✕Attempt to gain unauthorised access to any part of our website, our servers, or any database or system connected to our website.
• ✕Transmit or upload any malicious code, viruses, trojans, worms, or other harmful software.
• ✕Send unsolicited commercial communications (spam) through any forms or contact mechanisms on our website.
• ✕Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• ✕Systematically scrape, harvest, or extract data from our website using automated tools without our prior written permission.
• ✕Use our website in any way that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of it.
• ✕Reproduce, duplicate, copy, sell, or exploit any portion of our website for commercial purposes without our express written consent.

We reserve the right to suspend or terminate access to our website for any user who violates these acceptable use rules, without notice and without liability.

Our website may contain links to third-party websites, tools, or services. These links are provided for your convenience and information only. We do not endorse, control, or take responsibility for the content, privacy practices, accuracy, or legality of any third-party site. When you click a link to a third-party website, you leave our website and are subject to that third party's own terms and policies.

We may also recommend or integrate third-party tools and platforms as part of a client project, such as payment gateways, SMS services, cloud platforms, or mapping APIs. While we select these partners with care, we are not responsible for their availability, pricing changes, terms changes, or service interruptions. Any such dependencies will be documented in your project agreement.

Either party may terminate a project engagement by providing written notice in accordance with the terms of the specific client agreement. In the absence of a specific termination clause in the client agreement, the following general terms apply:

Upon termination, we will deliver all completed work to you, and you will pay for all work completed to date. Clauses relating to intellectual property, confidentiality, payment, and limitation of liability survive termination.

Neither party will be held liable for any failure or delay in performance of its obligations under these Terms or a client agreement where such failure or delay is caused by circumstances beyond that party's reasonable control. Such circumstances include, but are not limited to, natural disasters, acts of God, war, terrorism, civil unrest, government actions, pandemics, prolonged power outages, or internet infrastructure failures.

The affected party must notify the other party as soon as reasonably possible after the force majeure event begins and must take all reasonable steps to minimise the impact. If a force majeure event continues for more than 60 days, either party may terminate the affected engagement by providing written notice, with payment due for all work completed up to the point of termination.

These Terms and any disputes arising out of or in connection with them or our services are governed by and construed in accordance with the laws of the Republic of Kenya.

In the event of any dispute between you and Tukoweb Solutions, we encourage you to first attempt to resolve the matter by contacting us directly at privacy@tukoweb.com. We are committed to resolving disputes fairly and quickly, and most concerns can be addressed through direct communication.

If a dispute cannot be resolved through direct communication within 30 days, the parties agree to attempt resolution through mediation before resorting to litigation. If mediation fails, disputes shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

We reserve the right to update these Terms at any time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify active clients by email.

Your continued use of our website or services after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you should stop using our website and, if you are an active client, discuss the matter with us in writing.

For any engagement that is already underway at the time these Terms are updated, the version of the Terms in effect at the start of that engagement will continue to govern that engagement unless we agree otherwise in writing.

If you have any questions about these Terms, if you would like to discuss a specific aspect of an engagement, or if you would like to flag a potential breach, please contact us. We prefer to resolve matters early and informally where possible.