Legal
Terms of Service
Effective · 1 January 2026 · Governed by the laws of Kenya
1. About these terms
These Terms of Service ("Terms") govern the use of the Orwan Consulting website and the engagement of our services. By using our website or signing a project proposal, you agree to these Terms. Project-specific scope, deliverables, timelines, and fees are set out in the individual proposal or contract issued for each engagement, which takes precedence where it differs from these Terms.
2. Our services
Orwan Consulting provides custom software design and development — including websites, mobile applications, e-commerce platforms, POS, ERP, and CRM systems, business automation, and AI solutions — together with related consulting, hosting, training, and support services as agreed per project.
3. Proposals, payment, and taxes
Fees are quoted in Kenyan Shillings (KES) and are payable against the milestones stated in your proposal, unless otherwise agreed in writing. Prices are exclusive of VAT where applicable. Late payments may pause active work until the account is brought current. Third-party costs — such as domain registration, hosting, Safaricom Daraja fees, SMS gateways, and app store fees — are billed at cost and are separate from our development fees unless stated otherwise.
4. Client responsibilities
To deliver on schedule, we rely on timely input from you: feedback and approvals within agreed windows; accurate content, data, and business requirements; and access to the systems, accounts, and personnel needed for the project (for example, Daraja credentials for M-Pesa integration or KRA accounts for eTIMS). Delays in these inputs extend delivery timelines accordingly.
5. Intellectual property
Upon full payment, you own the custom software and deliverables built specifically for your project, including your business data at all times. We retain ownership of pre-existing tools, frameworks, and libraries we incorporate, licensed to you for use within your systems. We may reference the engagement in our portfolio unless you request otherwise in writing.
6. Warranties and support
We warrant that deliverables will perform substantially as described in the agreed specification. Bugs reported within the warranty period stated in your proposal are fixed at no charge. Ongoing maintenance, enhancements, and support beyond the warranty period are provided under a support plan or on a quoted basis. We do not warrant uninterrupted operation of third-party services such as M-Pesa, cloud hosting, or mobile app stores.
7. Confidentiality
Each party agrees to keep the other party's confidential information — including business data, source code, credentials, pricing, and customer records — secure, to use it only for the purpose of the engagement, and not to disclose it to third parties except as required by law. This obligation survives the end of the engagement.
8. Limitation of liability
To the maximum extent permitted by Kenyan law, neither party is liable for indirect, incidental, or consequential losses, including lost profits or data. Our total liability for any claim arising from a project is limited to the fees paid for that project in the twelve (12) months preceding the claim.
9. Termination
Either party may terminate a project with written notice as set out in the project proposal. On termination, you pay for work completed up to the notice date, and we hand over all deliverables, source code, and data belonging to you, subject to settlement of outstanding invoices.
10. Governing law
These Terms are governed by the laws of the Republic of Kenya. Any disputes will first be addressed in good-faith negotiation, and failing that, settled through the courts of Kenya seated in Nairobi.
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