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Terms of Service

These terms govern your use of Bytenuru's services. Please read them carefully before engaging our services.

Last updated: December 17, 2024
Governed by Kenyan Law

Acceptance of Terms

Agreement to Terms

  • By accessing or using Bytenuru' services, you agree to be bound by these Terms of Service
  • These terms apply to all users, including visitors, customers, and business partners
  • If you do not agree to these terms, please do not use our services
  • We may update these terms from time to time with notice to users

Scope of Services

  • Custom software development and consulting services
  • Web and mobile application development
  • Cloud infrastructure and DevOps services
  • Technical consulting and CTO-as-a-service offerings

Our Services

Service Delivery

  • We provide software development services as outlined in individual project agreements
  • All projects include detailed specifications, timelines, and deliverables
  • We use industry-standard development practices and modern technologies
  • Regular updates and communication throughout the project lifecycle

Project Management

  • Agile development methodology with regular sprint reviews
  • Client access to project management tools and progress tracking
  • Dedicated project manager for enterprise-level engagements
  • Quality assurance and testing throughout development

Client Responsibilities

Project Cooperation

  • Provide clear and complete project requirements and specifications
  • Respond to requests for information and feedback in a timely manner
  • Provide necessary access to systems, data, and resources as required
  • Designate authorized representatives for project decisions

Content and Materials

  • Ensure all provided content is accurate and legally compliant
  • Obtain necessary licenses for any third-party materials
  • Respect intellectual property rights of all parties
  • Provide content in formats suitable for development use

Payment Terms

Pricing and Invoicing

  • All pricing is provided in Kenyan Shillings (KES) unless otherwise specified
  • Fixed-price projects require 50% deposit before work begins
  • Hourly consulting billed monthly with NET 30 payment terms
  • Late payments may incur interest charges as permitted by Kenyan law

Payment Methods

  • Bank transfer to our Kenyan business account
  • Mobile money payments (M-Pesa) for smaller amounts
  • International wire transfers for overseas clients
  • Credit card payments through secure payment processors

Intellectual Property

Client Ownership

  • Clients own all custom code and applications developed specifically for them
  • Full source code and documentation provided upon final payment
  • Clients receive perpetual license to use and modify their custom software
  • We retain rights to general methodologies and non-specific knowledge

Bytenuru Rights

  • We retain ownership of our proprietary tools and frameworks
  • Right to use project experience for marketing and case studies (with permission)
  • Ownership of general development processes and methodologies
  • Right to create derivative works for other clients using learned techniques

Confidentiality

Non-Disclosure

  • We maintain strict confidentiality of all client information and data
  • Separate NDAs available for sensitive projects requiring additional protection
  • Team members bound by confidentiality agreements
  • Secure handling and storage of all client materials

Data Protection

  • Compliance with applicable data protection laws
  • Secure development environments and access controls
  • Regular security audits and vulnerability assessments
  • Incident response procedures for any security concerns

Warranties and Disclaimers

Service Warranties

  • We warrant that services will be performed with professional skill and care
  • 90-day warranty on custom software for defects in workmanship
  • Commitment to industry best practices and coding standards
  • Reasonable efforts to meet agreed timelines and specifications

Disclaimers

  • No warranty that software will be error-free or uninterrupted
  • Client responsible for backup and disaster recovery planning
  • No liability for third-party service outages or failures
  • Performance may vary based on hosting environment and usage

Limitation of Liability

Liability Limits

  • Our total liability limited to the amount paid for the specific project
  • No liability for indirect, consequential, or punitive damages
  • Client responsible for adequate insurance and risk management
  • Mutual indemnification for third-party claims as appropriate

Force Majeure

  • Not liable for delays due to circumstances beyond our reasonable control
  • Includes natural disasters, government actions, and infrastructure failures
  • Will make reasonable efforts to minimize impact and communicate delays
  • Timeline adjustments made in good faith consultation with clients

Termination

Project Termination

  • Either party may terminate with 30 days written notice
  • Client pays for all work completed up to termination date
  • Delivery of all work product completed as of termination
  • Return or destruction of confidential materials as requested

Immediate Termination

  • Either party may terminate immediately for material breach
  • Termination for non-payment after 30-day cure period
  • Termination for violation of confidentiality or IP terms
  • Survival of payment obligations and confidentiality terms

Governing Law

Jurisdiction

  • These terms governed by the laws of the Republic of Kenya
  • Disputes resolved through Kenyan courts or arbitration
  • Good faith negotiation required before formal dispute resolution
  • Applicable consumer protection laws remain in effect

International Clients

  • International clients subject to Kenyan law for services performed in Kenya
  • Local laws may apply for specific regulatory requirements
  • Currency exchange and international payment terms as agreed
  • Tax obligations determined by applicable tax treaties

Questions About These Terms?

If you have any questions about these Terms of Service or need clarification on any provisions, please contact us before engaging our services.

Email
legal@bytenuru.com
Phone
+254 700 000 000
Location
Nairobi, Kenya

Legal Notice: These terms constitute a legally binding agreement. For complex projects, we recommend reviewing these terms with your legal counsel. Custom terms may be negotiated for enterprise engagements.