1. Introduction

These Terms of Service ("Terms") govern your access to and use of the consulting and professional services (the "Services") provided by webmeka ("we," "us," or "our"). These Terms constitute a legally binding agreement between you and webmeka. By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

• Client, you, your refer to the individual or entity accessing or using our Services.
• Deliverables means the work product, reports, analyses, presentations, or other materials we provide.
• Intellectual Property Rights include all patent, copyright, trademark, trade secret, and related rights.
• Statement of Work (SOW) refers to any written document describing the Services, deliverables, timeline, and fees.

3. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, you may not use the Services.

4. Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

5. Services

Services will be provided as described in any applicable SOW. We will use reasonable skill, care, and diligence in accordance with professional standards.

6. Your Responsibilities

• Provide timely access to required information and resources
• Make decisions and approvals without unreasonable delay
• Pay all fees as agreed
• Use Deliverables in compliance with applicable laws

7. Fees and Payment

• Fees are quoted in KES
• A deposit of 50% of the total project fee is required before any work commences.
• The remaining balance is payable upon project completion and delivery of the agreed Deliverables, unless otherwise stated in a Statement of Work.
• Invoices will be issued at each agreed payment stage.
• The initial deposit is non-refundable once work has commenced, as it covers project setup, planning, and resource allocation.

8. Term and Termination

Either party may terminate according to the terms outlined in the applicable SOW. Obligations incurred before termination survive.

9. Confidentiality

Both parties agree to protect confidential information and use it solely for purposes related to the Services.

10. Intellectual Property

Pre-existing materials remain our property. Upon full payment, you receive a limited license to use Deliverables internally.

11. Representations and Warranties

Services are provided professionally, without additional warranties beyond those expressly stated.

12. Limitation of Liability

To the maximum extent permitted by law, webmeka shall not be liable for indirect or consequential damages.

13. Indemnification

Each party agrees to indemnify the other against claims arising from misuse or legal violations.

14. Independent Contractor

webmeka acts as an independent contractor and not as an employee or partner.

16. Governing Law and Disputes

These Terms are governed by the Kenyan laws, where webmeka is headquartered, with disputes resolved through arbitration.