Terms of Service

Thanks for choosing Chacha Technologies. These terms explain how we work together, what you can expect from us, and what we expect from you.

We've written this in plain English where possible, but some legal language is necessary for protection — yours and ours.

By hiring us or using our services, you agree to these terms. Questions? Contact us at info@chach-a.com before proceeding.

Let's clarify what we mean:

• "We," "Us," "Our" = Chacha Technologies
• "You," "Your," "Client" = The person/company hiring us
• "Services" = Software development, web design, integration, maintenance, and related services
• "Deliverables" = The final products we provide (code, designs, documentation, etc.)
• "Project" = The specific work defined in our proposal/quote
• "Agreement" = The proposal/contract + these Terms

3.1 What's Included

We will provide the services described in your project proposal/quote. This includes:

• Development of agreed features
• Quality assurance and testing
• User training
• Documentation
• 30 days post-launch support (bug fixes only)
• Source code and files (you own them)

3.2 What's NOT Included (Unless Specified)

• Domain registration/renewal
• Hosting fees (paid to hosting provider)
• Third-party service costs (mobile money, SMS, payment gateways)
• Content creation (photos, copywriting, videos)
• Ongoing maintenance after 30-day period
• Features not in original scope
• Training beyond initial sessions

3.3 Scope Changes

If you request changes beyond the original scope:

• We'll provide a change order with new pricing and timeline
• Work continues on original scope while you review
• Changes begin only after written approval
• No scope creep: clear documentation of all changes

4.1 Timeline

Project timelines are estimates based on the original scope, your timely feedback, no major scope changes, and availability of required information/assets.

4.2 Your Responsibilities

For the project to succeed, you must:

• Provide required information/assets within 5 business days
• Review and approve deliverables within 7 business days
• Attend scheduled meetings/calls
• Designate a primary point of contact
• Provide access to necessary systems/accounts
• Make timely payments per schedule

4.3 Our Responsibilities

We will:

• Deliver work matching the agreed specifications
• Communicate progress weekly
• Alert you immediately to any issues/delays
• Respond to communications within 24 business hours
• Test all work before delivery
• Fix bugs during development at no extra cost

5.1 Payment Schedule

Standard terms (unless otherwise agreed):

• 30% upon project agreement (kickoff deposit)
• 40% upon delivery of working prototype (mid-project)
• 30% upon final delivery and your approval (completion)

5.2 Payment Methods

We accept:

• Mobile money (M-Pesa, Airtel Money, T-Pesa, etc.)
• Bank transfer
• Cheque (with 5-day clearance period)
• Card payment (via secure payment link)

5.3 Late Payments

• Invoices are due within 7 days of receipt
• Late fees: 2% per month on overdue amounts (after 30 days)
• Work may be paused if payment is 30+ days overdue
• Access to systems may be suspended until payment is received

5.4 Refund Policy

• Kickoff deposit (30%) is non-refundable once work begins
• Mid-project payment is refundable only if we fail to deliver the agreed prototype
• Final payment is due only after your approval of deliverables
• No refunds for completed and delivered work

5.5 Additional Costs

You're responsible for:

• Hosting fees (starting ~KES 2,000/month)
• Domain registration (~KES 1,500/year)
• SSL certificates (if not included in hosting)
• Third-party API fees (mobile money, SMS, payment processing)
• Content creation (if not in scope)

6.1 Your Ownership

Upon FULL payment, you own:

• All custom code written for your project
• All designs created for your project
• All documentation
• The final deliverables

You can use, modify, distribute, sell, or transfer the deliverables. You can hire other developers to maintain or enhance them.

6.2 Our Retention Rights

We retain:

• Right to use the project in our portfolio (unless NDA restricts)
• Right to use general methodologies/techniques learned
• Right to reuse non-custom code (libraries, frameworks)

We do not own or retain your business data, your content, or your specific custom code (after full payment).

6.3 Pre-Existing Materials

Materials you provide (logos, content, images): you warrant you have rights to use them. You're responsible for any copyright infringement.

Third-party tools/libraries are governed by their own licenses (usually open-source). We'll inform you of any licensing restrictions.

6.4 Work in Progress

7.1 What We Guarantee

For 30 days after launch, we guarantee:

• Software functions as specified in the approved scope
• No critical bugs preventing normal operation
• System performs under expected load
• Free bug fixes for issues caused by our code

7.2 What We DON'T Guarantee

We cannot guarantee:

• Zero bugs (complex software always has edge cases)
• 100% uptime (dependent on hosting, internet, third parties)
• Future compatibility with third-party services
• Performance issues caused by hosting limitations
• Issues caused by your modifications
• Third-party service failures (payment provider downtime, etc.)

7.3 Testing and Acceptance

• You must test thoroughly during development
• Report bugs within 7 days of delivery
• After the 30-day support period, additional work is billable
• "Acceptance" occurs when you approve final delivery or after 14 days of use without major issues reported

8.1 Our Liability Cap

Our total liability for any claim is limited to the amount you paid us for that specific project.

We are NOT liable for:

• Lost profits or revenue
• Lost data (you're responsible for backups)
• Third-party claims
• Indirect or consequential damages
• Issues caused by your hosting provider
• Third-party service failures
• Force majeure (acts of God, wars, pandemics, etc.)

8.2 Your Responsibilities

You agree to:

• Maintain regular backups of your data
• Have adequate insurance for your business
• Not hold us liable for business losses
• Secure your own systems and passwords

8.3 Indemnification

You agree to indemnify us against claims arising from:

• Your content or materials
• Your violation of third-party rights
• Your misuse of the delivered software
• Your violation of applicable laws

9.1 Our Commitment

We will:

• Keep your business information confidential
• Not disclose your data to third parties
• Use your data only for project purposes
• Delete sensitive data after project completion (unless maintenance agreement)

Exceptions: Information already public, required by law to disclose, or with your written permission.

9.2 Your Responsibilities

You're responsible for:

• Not sharing passwords/access with unauthorized third parties
• Maintaining security of your own systems
• Informing us if your data is breached

10.1 Termination by You

You can terminate for any reason by:

• Providing 14 days written notice
• Paying for all work completed to date
• Paying any non-refundable deposits

Upon termination, you receive all work completed to that point and documentation of progress. No refund of paid amounts (work is already done).

10.2 Termination by Us

We may terminate if:

• You fail to make payment for 30+ days
• You breach these terms materially
• You're abusive or disrespectful to our team
• The project is illegal or unethical
• You fail to provide required information after multiple requests

Upon our termination, we return any unearned payments and you receive work completed to date.

10.3 Post-Termination

After termination:

• Confidentiality obligations continue
• Outstanding payments are due immediately
• IP rights transfer only for fully paid work

11.1 Included Support (30 Days)

Post-launch support includes:

• Bug fixes for issues in our code
• Minor clarifications on usage
• Emergency support for critical issues

Does NOT include new features, changes to existing features, issues caused by your modifications, third-party service issues, or training beyond initial sessions.

11.2 Ongoing Maintenance (Optional)

After the 30-day period, you can:

• Purchase a maintenance package (KES 15K–75K/month)
• Pay hourly for ad-hoc support
• Hire another provider (you own the code)

When we integrate third-party services:

• You must have valid accounts/subscriptions
• You're responsible for their fees
• We're not liable for their downtime or failures
• We'll help troubleshoot but can't control them
• Their terms of service apply separately

We're not liable for delays or failures caused by events beyond our reasonable control, including:

• Natural disasters
• Wars or civil unrest
• Pandemics
• Government actions
• Prolonged internet or power outages

In such cases, the timeline extends reasonably with no penalties for delay. Either party may terminate if the delay exceeds 60 days.

• Entire Agreement: This document + your project proposal/quote = complete agreement, superseding all prior discussions
• Amendments:Changes must be in writing, signed by both parties, and dated. Verbal agreements don't count.
• Severability: If any part is unenforceable, the rest remains valid
• Waiver:Our failure to enforce a term doesn't waive our right to enforce it later
• Assignment: You cannot transfer this agreement without our written consent
• Governing Law: Governed by the laws of Kenya. Disputes resolved in Nairobi courts.
• Dispute Resolution: Before litigation — (1) Good faith negotiation for 30 days, (2) Mediation if negotiation fails, (3) Arbitration or court as last resort

Questions about these terms?