Terms of Service

1. Acceptance

By accessing or using Gotendia’s website, software, or services (the "Services"), you agree to these Terms of Service.

2. Definitions

• Client/Customer/You: person or entity purchasing or using the Services.
• Deliverables: outputs delivered under a contract or Statement of Work (SOW).
• Confidential Information: non-public or proprietary information.

3. Scope of Services

Details of services, deliverables, timelines, and fees will be set out in an Order, Proposal, or SOW.

4. Fees and Payment

• Invoices payable within 30 days unless agreed otherwise.
• Late payments accrue interest at 1.5% per month or the statutory maximum.
• Client responsible for all applicable taxes.

5. Changes

Work outside scope requires a formal change order and separate fees.

6. Client Obligations

Provide timely cooperation, information, and access needed for Gotendia to perform services.

7. Intellectual Property

• Gotendia IP: remains Gotendia’s property; licensed for client use as incorporated in deliverables.
• Client IP: remains client’s property.
• Deliverables: licensed for client’s internal use upon full payment.
• Third-party components: remain subject to their own licenses.

8. Warranties

• Services provided with reasonable care and skill.
• Except as stated, Services and Deliverables are provided “as is.”

9. Liability

• No liability for indirect or consequential damages.
• Maximum liability capped at fees paid in the preceding 12 months.

10. Indemnity

• Client indemnifies Gotendia for claims arising from misuse or unlawful use of deliverables.
• Gotendia indemnifies Client for IP infringement claims related to deliverables.

11. Confidentiality

Confidential information must not be disclosed except as required to perform services. Obligation survives termination for 5 years.

12. Data Protection

Processing of personal data will follow Gotendia’s Privacy Policy and any attached Data Processing Agreement.

13. Termination

Either party may terminate for material breach with 30 days’ notice and opportunity to cure.

14. Force Majeure

Neither party liable for failure due to events beyond reasonable control.

15. Governing Law

These Terms are governed by the laws of Kenya. Disputes resolved in Kenyan courts or by arbitration if agreed.

16. Amendments

Gotendia may update these Terms; material changes will be communicated. Continued use constitutes acceptance.