Legal
Terms of Service
Effective Date: 1 January 2025 ยท Last Updated: 1 June 2025
Please read these Terms carefully before engaging CobrazoTech's services. If you have questions, contact us at legal@cobrazotech.com.
Contents
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client") and CobrazoTech Limited ("CobrazoTech", "we", "us"), a company registered in Kenya, governing your use of our website and services. By engaging our services or accessing cobrazotech.com, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our services.
2. Services
CobrazoTech provides professional web development, mobile application development, UI/UX design, digital marketing, SEO, and website maintenance services. All services are subject to a written project agreement or Statement of Work (SOW) which, together with these Terms, forms the complete agreement between the parties. Services begin only after a signed SOW and receipt of the initial payment deposit.
3. Payment Terms
3.1 Projects are typically structured with a 50% deposit due upon signing of the project agreement, with the remaining 50% due upon project completion and prior to final delivery of files or deployment.
3.2 Monthly retainer services (maintenance, marketing, SEO) are billed in advance at the start of each billing cycle.
3.3 Invoices are payable within 7 calendar days of issuance. Overdue invoices accrue interest at 2% per month.
3.4 All prices are quoted in Kenyan Shillings (KES) unless otherwise stated. Payments may be made via M-Pesa, bank transfer, or card.
3.5 CobrazoTech reserves the right to pause or terminate work on overdue accounts.
4. Project Process & Client Obligations
4.1 The Client agrees to provide all required content (text, images, logos, brand guidelines) within agreed timelines. Delays caused by late content provision may result in revised project timelines and additional charges.
4.2 The Client shall designate a primary point of contact who has authority to provide approvals.
4.3 Feedback and approvals should be provided within 5 business days of each milestone submission. Failure to respond may be treated as approval.
4.4 Project scope is defined in the SOW. Changes to scope will be documented in a Change Order and may affect timeline and cost.
5. Intellectual Property
5.1 Upon receipt of full and final payment, CobrazoTech assigns to the Client full ownership of all custom code, designs, and creative work specifically produced for the Client under the project agreement.
5.2 Third-party components (open-source libraries, licensed fonts, stock photography, themes, plugins) remain subject to their respective licenses. CobrazoTech will inform the Client of any such components used.
5.3 CobrazoTech retains the right to display completed work in its portfolio and marketing materials unless the Client requests otherwise in writing.
5.4 CobrazoTech retains ownership of all pre-existing tools, frameworks, templates, and methodologies used in delivering services.
6. Confidentiality
Both parties agree to hold the other's confidential information in strict confidence and not to disclose it to any third party without prior written consent. This obligation survives termination of the agreement. Confidential information does not include information that is or becomes publicly available through no breach of this agreement.
7. Warranties & Representations
7.1 CobrazoTech warrants that services will be performed with reasonable skill and care in accordance with professional standards.
7.2 CobrazoTech warrants that, to the best of its knowledge, custom deliverables will not infringe any third-party intellectual property rights.
7.3 The Client warrants that all content and materials provided to CobrazoTech for use in the project do not infringe any third-party rights and that the Client has all necessary permissions to use them.
7.4 Except as expressly stated, all services are provided "as is" without further warranty.
8. Limitation of Liability
8.1 To the maximum extent permitted by Kenyan law, CobrazoTech's total liability to the Client for any claim arising from services shall not exceed the total fees paid by the Client in the three (3) months preceding the claim.
8.2 CobrazoTech shall not be liable for any indirect, incidental, consequential, or punitive damages, including lost profits, loss of data, or business interruption, even if advised of the possibility of such damages.
8.3 CobrazoTech is not responsible for issues arising from third-party services (hosting providers, payment gateways, social media platforms) or from the Client's own modifications to delivered work.
9. Termination
9.1 Either party may terminate a project agreement with 14 days written notice.
9.2 Upon termination, the Client shall pay for all work completed up to the termination date. CobrazoTech will deliver all completed work upon receipt of final payment.
9.3 CobrazoTech may immediately terminate services if the Client breaches these Terms or a project agreement and fails to remedy the breach within 7 days of written notice.
9.4 Monthly retainer agreements may be cancelled with 30 days written notice.
10. Governing Law & Dispute Resolution
10.1 These Terms are governed by and construed in accordance with the laws of Kenya.
10.2 Any disputes arising from these Terms or related services shall first be subject to good-faith negotiation between the parties.
10.3 If negotiation fails within 30 days, disputes shall be submitted to mediation in Nairobi under the Nairobi Centre for International Arbitration (NCIA) rules.
10.4 If mediation fails, disputes shall be resolved by the courts of Kenya, with jurisdiction in Nairobi.
11. Changes to Terms
CobrazoTech reserves the right to update these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Continued use of our services after changes constitutes acceptance of the updated Terms. For ongoing project agreements, material changes to these Terms require the Client's written consent.
12. Contact
Questions about these Terms should be directed to:
CobrazoTech Limited
Nairobi, Kenya
Email: legal@cobrazotech.com
Phone: +254 700 000 000
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