Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Fanaka Web Labs Ltd ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Services

Fanaka Web Labs provides the following services:

• Custom web application development
• M-Pesa and mobile payment integration
• Cloud infrastructure management and hosting
• KRA eTIMS integration
• Point of Sale (POS) system development (TujaraHub)
• Website maintenance and support

3. Project Engagement

3.1 Quotations

All quotations provided are valid for 30 days from the date of issue unless otherwise specified. Prices are quoted in Kenyan Shillings (KES) and are subject to change based on project scope modifications.

3.2 Payment Terms

Unless otherwise agreed in writing:

• 50% deposit is required before project commencement
• Remaining 50% is due upon project completion and before final delivery
• For monthly services, payment is due at the beginning of each billing cycle
• Payments can be made via M-Pesa, bank transfer, or other agreed methods

3.3 Project Timeline

Project timelines are estimates and may vary based on:

• Timely provision of required content and materials by the client
• Prompt feedback and approvals during development phases
• Scope changes or additional feature requests
• Third-party dependencies and API integrations

4. Client Responsibilities

As our client, you agree to:

• Provide accurate and complete project requirements
• Supply all necessary content, images, and materials in a timely manner
• Respond to queries and provide feedback within reasonable timeframes
• Ensure you have the legal right to use all content provided to us
• Maintain confidentiality of any login credentials or access information provided
• Pay all invoices according to agreed payment terms

5. Intellectual Property

5.1 Client Content

You retain ownership of all content, logos, trademarks, and materials you provide to us. You grant us a license to use these materials solely for the purpose of completing your project.

5.2 Deliverables

Upon full payment, you will own the custom code and design elements created specifically for your project. However, we retain ownership of:

• Proprietary frameworks, libraries, and tools developed prior to your project
• Generic code components that may be reused across multiple projects
• Third-party software, plugins, and licenses (subject to their respective terms)

5.3 Portfolio Rights

We reserve the right to display completed projects in our portfolio and marketing materials unless you request otherwise in writing.

6. Warranties and Disclaimers

6.1 Our Warranty

We warrant that our services will be performed with reasonable skill and care consistent with industry standards. Any bugs or defects reported within the warranty period (as specified in your agreement) will be fixed at no additional charge.

6.2 Disclaimer

Except as expressly stated, our services are provided "as is" without warranties of any kind. We do not guarantee:

• Specific business results or revenue increases
• Search engine rankings or positions
• Uninterrupted or error-free operation of websites or applications
• Compatibility with all browsers, devices, or third-party services

7. Limitation of Liability

To the maximum extent permitted by law, Fanaka Web Labs shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from third-party services, APIs, or integrations
• Damages exceeding the total amount paid for the specific service

8. Termination

8.1 By Client

You may terminate a project at any time by providing written notice. Upon termination:

• All deposits paid are non-refundable
• You will be invoiced for work completed up to the termination date
• Deliverables will only be released upon full payment

8.2 By Company

We reserve the right to terminate services if:

• Payment is not received within 14 days of the due date
• You breach any material term of these Terms
• You engage in abusive, threatening, or unethical behavior

9. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This includes business strategies, technical specifications, pricing information, and any other information marked as confidential.

10. M-Pesa Integration Terms

For M-Pesa integration services:

• You are responsible for maintaining a valid Safaricom M-Pesa business account
• You must comply with Safaricom's M-Pesa terms and conditions
• We are not liable for M-Pesa service disruptions, transaction failures, or Safaricom policy changes
• Transaction fees charged by Safaricom are your responsibility

11. Hosting and Maintenance

For hosting and maintenance services:

• Uptime guarantees are subject to the SLA specified in your service agreement
• We are not responsible for downtime caused by third-party providers
• Scheduled maintenance will be communicated in advance when possible
• Data backup frequency and retention periods are as specified in your agreement

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting on our website. Your continued use of our services after any changes constitutes acceptance of the new Terms.

14. Contact Information

For questions about these Terms of Service, please contact us at: