Terms of service

1. Who these terms are between

These terms govern your use of this website and set out the standard terms on which LitWebTech, the trading name of James Obaigwa, sole proprietor, Kiambu Road, Nairobi, Kenya ("I", "me"), provides software, websites, hosting and related services to clients ("you"). By using the site or engaging me, you accept them. A signed proposal or agreement takes precedence over these terms where the two differ.

2. Using this website

The content of this website is provided for information only and does not constitute legal, financial or technical advice. You may browse the site and contact me through it. You may not copy its text, images, code or design for commercial use, scrape it, attempt to disrupt it, or attempt to access any system beyond the public pages. Client logos and names appear with their permission and remain their property.

3. Enquiries and proposals

Sending an enquiry creates no obligation on either side. Work begins only after you accept a written proposal that states the scope, deliverables, price, timeline, payment terms and what each party provides. Anything not in the proposal is out of scope. Changes to scope are agreed in writing and may change the price and timeline.

4. Prices and payment

• Prices are quoted in Kenya shillings and exclude any applicable taxes unless the proposal says otherwise.
• Build work is normally invoiced as a deposit on acceptance (typically 50 percent) and the balance at go-live. The deposit is non-refundable once work has started, because it pays for work done.
• Hosting, care plans and subscriptions are invoiced monthly or annually in advance and renew automatically until cancelled with 30 days' written notice.
• Invoices are due within 14 days. Overdue amounts may attract interest at 2 percent per month, and I may suspend hosting or support for accounts more than 30 days overdue after written notice.
• Third-party costs (domains, SSL, SMS credits, M-Pesa and payment-gateway fees, cloud services) are passed through at cost or paid by you directly.

5. Your responsibilities

• Provide content, data, logos, access and decisions when they are needed; delays on your side extend the timeline.
• Ensure you have the right to use any content, data or software you give me.
• Keep your passwords and sign-in codes secret and tell me at once if you suspect misuse.
• Use the system lawfully, including in line with the Data Protection Act 2019 for the personal data you hold in it, and the Computer Misuse and Cybercrimes Act 2018.
• Test and accept deliverables within 14 days of delivery; after that they are deemed accepted.

6. Ownership and licence

• Your data is yours. You may export it at any time, and on termination I provide a full export on request.
• Deliverables. On full payment you receive a perpetual, non-exclusive licence to use the delivered system or website for your own operations. Custom work created specifically for you (your pages, your content, your branding) is yours.
• My tools remain mine. The code base, libraries, modules, templates, generators and know-how I reuse across projects remain my property and may be used for other clients. You may not resell, sublicense or offer the system to third parties as a service without written agreement.
• Third-party components (open-source libraries, fonts, payment gateways) are governed by their own licences.
• Until payment in full, all intellectual property in the deliverables remains with me.

7. Hosting, availability and support

• Hosted systems run on servers I manage, with daily backups. I aim for continuous availability but do not guarantee it; planned maintenance is announced in advance and production faults are treated as urgent.
• Support covers defects in what I built and reasonable questions. New features, data entry, training beyond the agreed sessions and problems caused by third parties or by changes you made are charged at the agreed hourly or daily rate.
• Routine support is available Monday to Friday, 8 am to 6 pm East Africa Time; production incidents on a care plan may be reported at any time.

8. Confidentiality and data protection

Each of us keeps the other's confidential information secret and uses it only for the engagement. Where I process personal data on your behalf I do so under a written data processing agreement, only on your instructions, with appropriate security, and I assist you with data subject requests and breach notifications as the Data Protection Act 2019 requires. You remain the data controller for the data in your system.

9. Warranties and disclaimer

I warrant that I will perform the services with reasonable skill and care and that, on delivery, the deliverables will materially do what the accepted proposal says. I will correct material defects reported within 30 days of go-live at no charge. Beyond that, the website and the services are provided "as is" without any other warranty, express or implied, including fitness for a particular purpose or uninterrupted operation. I do not warrant results such as revenue, search rankings or user adoption, and I am not responsible for third-party services (M-Pesa, payment gateways, SMS providers, hosting providers, AI assistants) or for how you or your users use the system.

10. Limitation of liability

To the fullest extent the law allows: my total liability under or in connection with an engagement, whether in contract, tort or otherwise, is limited to the fees you paid me for the specific work giving rise to the claim in the 12 months before the claim; and I am not liable for indirect or consequential loss, loss of profit, revenue, data, goodwill or business opportunity, or for losses caused by your failure to keep backups you were responsible for, your users' actions, or events outside my reasonable control. Nothing in these terms limits liability for fraud or for anything that cannot be limited by law.

11. Indemnity

You indemnify me against claims, losses and costs arising from content or data you supplied, from your use of the system in breach of the law or these terms, or from claims by your users or data subjects, except to the extent caused by my negligence.

12. Term and termination

• Either party may end a care plan or hosting agreement with 30 days' written notice. Fees paid in advance for the notice period are not refunded.
• I may suspend or end services immediately if you fail to pay after notice, use the system unlawfully, or compromise its security.
• On termination you receive an export of your data on request within 30 days, after which I may delete it. Hosting, domains and services in your own name are handed over on request.
• Sections 6, 8, 9, 10, 11 and 13 survive termination.

13. General

• Non-solicitation of staff does not apply; LitWebTech is one person.
• Portfolio. I may name you as a client and show non-confidential screenshots of the work unless you ask me in writing not to.
• Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, including power and network outages, provider failures and government action.
• Entire agreement. The accepted proposal and these terms are the whole agreement and replace earlier discussions.
• Severability. If a clause is unenforceable the rest stands.
• Changes. I may update these terms for future engagements by posting a new version here with a new date; the version in force when a proposal is accepted applies to that engagement.

14. Law and disputes

These terms and every proposal are governed by the laws of Kenya. We first try to settle any dispute in good faith by discussion, then by mediation in Nairobi; failing that, the courts of Kenya have exclusive jurisdiction.

15. Contact

Questions about these terms: info@litwebtech.com, +254 115 586 624.