Terms

These terms are between you and Hauzisha Platforms LTD, a company in Kenya trading as Hauzisha Systems(“we”, “us”). They cover using hauzishasystems.com, asking us for a quote, and the systems we build for you. Please read them before you use the website or accept a quote.

1. About these terms

• By using the website, you accept the parts of these terms about the website.
• By accepting a quote, you accept these terms in full on behalf of your business, and confirm you are allowed to do so.
• Your quote and any written agreement for your project set out what we'll build, the timeline, the price and payment. If they say something different from these terms, the quote or agreement wins.

2. Words we use

• Services: the systems and work we provide, such as websites, SEO, Google reviews systems, call management, bulk SMS, email marketing, CRM and POS systems, and their setup, training and support.
• Deliverables: what we create for you under a quote, such as website pages, designs, configurations and content written for you.
• Your materials: what you give us, such as your logo, text, photos, product lists, customer data and account logins.
• Third-party services: services run by other companies that your systems use, such as domain registrars, hosting, mobile networks, WhatsApp, M-Pesa, Google and email providers.

3. Using the website

You may use the website to learn about our services and ask for a quote. You agree not to:

• copy, republish or sell the website's content, beyond sharing a link or a short quote with a link;
• send false, misleading or automated quote requests, or requests in someone else's name;
• try to break, overload, probe or get around the website's security;
• use the website to break the law or anyone's rights.

We work to keep the website available and accurate, but we don't promise it will always be available or error-free. Information on the website is general; your quote is what describes your project.

4. Quotes

• Asking for a quote is free and commits neither of us to anything.
• Please give accurate information. A quote is based on what you tell us, and may change if that turns out to be different.
• A quote is valid for the period stated on it. If no period is stated, it is valid for 30 days.
• We may decline to quote for any project.

5. How an engagement starts

An engagement starts when you accept our quote in writing (including by email or WhatsApp) and make any payment the quote requires before work starts. From then, these terms and your quote form the contract between us.

6. Fees and payment

• Fees, what they cover, and when they are due are set out in your quote.
• Fees for ongoing services, such as hosting, support, SMS credit or software subscriptions, are charged as your quote states.
• Costs charged by third parties, such as domain names, SMS messages, sender ID registration or hardware, are passed on as your quote states.
• We may pause work while a payment is overdue (see section 16).
• Prices are in Kenya shillings unless your quote says otherwise, and taxes are applied as the law requires.

7. What we need from you

To deliver on time, you agree to:

• give us your materials, information and access when we need them;
• review our work and give feedback or approval within a reasonable time;
• name one person who can make decisions for your business;
• make sure you have the right to use everything you give us, including logos, photos, text and customer data;
• keep the logins we give you secure, and tell us if you think one has been misused.

If what we need from you is late, our timeline moves by at least the same amount.

8. Delivery, changes and approval

• We will deliver the services with reasonable skill and care, and keep you informed of progress.
• Timelines in your quote are our best estimate, and depend on you and on third parties (see section 9).
• Changes to what was agreed may change the price and timeline. We will tell you before doing extra work.
• When we tell you a deliverable is ready, please review it. Once you approve it or start using it, it is treated as accepted, and later changes are new work.
• Training and support are provided as your quote describes.

9. Third-party services and approvals

Many systems depend on companies we don't control. In particular:

• Bulk SMS sender IDs must be approved by the mobile networks, and approval and its timing are their decision.
• WhatsApp, M-Pesa, Google, domain and email services each have their own terms, approvals and fees, which you accept when you use them.
• We aren't responsible for a third party's outage, delay, price change or decision, though we will help you deal with it.
• Where we set up a third-party account for you, we will set it up in your business's name wherever the service allows.

10. Lawful use of the systems

You are responsible for how your business uses the systems we build, and you agree to:

• send marketing SMS, email and WhatsApp messages only to people who agreed to receive them, and honour every opt-out;
• collect and use your customers' personal data lawfully, under Kenya's Data Protection Act, 2019;
• tell callers when calls are recorded;
• only ask for genuine reviews from real customers, without paying for them or posting fake ones;
• not use the systems for spam, fraud, harassment or anything unlawful.

We may refuse or stop sending messages, or suspend a system, if it is being used in breach of this section.

11. Who owns what

• Your materials and your data stay yours. You give us permission to use them only to provide the services.
• Deliverables made specifically for you (such as your website's design and content we write for you) belong to you once the fees for them are paid in full, unless your agreement says otherwise.
• Our own tools, such as software, templates, code libraries and know-how we use across clients, remain ours. Where they form part of your system, you get the right to use them for as long as you use that system.
• Software and services from third parties stay theirs, under their own licences.
• Unless you tell us not to, we may mention that you are a client and show non-confidential parts of your work as an example.

12. Data protection

How we handle personal data about you is set out in our privacy policy. Where our systems hold personal data about your customers, you are the data controller and we act as your data processor, as described in section 6 of the privacy policy and your agreement.

13. Confidentiality

Each of us will keep the other's confidential information private and use it only for the engagement, during it and afterwards. This doesn't cover information that is already public, that the other already had, or that the law requires to be shared.

14. What we don't promise

• Google, not us, decides search rankings. We don't guarantee a position, traffic or a number of enquiries.
• We don't guarantee a number of reviews, calls, sales or other business results.
• Mobile networks and email providers decide what is delivered; we don't guarantee every message reaches every person.
• Apart from what these terms and your quote say, and what the law implies and doesn't allow to be excluded, the services are provided without other promises.

15. Liability

• Nothing in these terms limits liability that the law does not allow to be limited.
• We are not liable for loss of profit, business, revenue or data, or for indirect or consequential loss.
• Our total liability for any claim connected with an engagement is limited to the fees you paid us for that engagement in the 12 months before the claim.
• You are responsible for claims against us that arise from your materials, your content, or messages sent by your business in breach of section 10.

16. Suspension and ending an engagement

• We may pause work or suspend a system if a payment is overdue, or if a system is being used unlawfully or in breach of these terms. We will tell you first where we reasonably can.
• Either of us may end an engagement if the other seriously breaks these terms and doesn't put it right within 14 days of being told.
• Ongoing services can be ended as your quote or agreement sets out.
• When an engagement ends, you pay for work done up to that point. We will help you take your website, data and accounts elsewhere, as your agreement describes.
• Sections that by their nature should continue (such as ownership, confidentiality, liability and law) continue after an engagement ends.

17. Law and disputes

These terms are governed by the laws of Kenya. If a dispute arises, we will first try in good faith to settle it by talking. If that doesn't work within 30 days, either of us may refer it to mediation, or to the courts of Kenya.

18. General

• We may update these terms and will change the date at the top. Changes don't affect a quote you have already accepted unless you agree.
• If part of these terms can't be enforced, the rest still applies.
• Not enforcing a term straight away doesn't mean we have given it up.
• Neither of us is responsible for delays caused by events beyond our reasonable control, such as power or internet outages, or a third party's failure.
• You may not transfer your rights under these terms without our written agreement.

19. Contacting us

Hauzisha Platforms LTD, trading as Hauzisha Systems, Kenya. Questions about these terms: through our contact form.