Terms of Service

Last Updated: September 26, 2026

Welcome to MKY IntelliSystems. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing or using our website (mkyintellisystems.co.ke) or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

2. Services Description

MKY IntelliSystems provides technology solutions including but not limited to:

  • Website development and design
  • Mobile application development
  • Custom software systems and POS solutions
  • Business automation solutions
  • Artificial Intelligence and Machine Learning solutions
  • Digital advertising and marketing
  • Logo and brand design
  • Maintenance and technical support
  • E-commerce solutions and payment integration
  • Database and API integration
  • Reports and analytics
  • UI/UX design

3. Service Agreements

3.1 Project Proposals and Contracts

Each project will be governed by a separate written agreement or proposal that outlines:

  • Project scope and deliverables
  • Timeline and milestones
  • Payment terms and pricing
  • Intellectual property rights
  • Maintenance and support terms

3.2 Project Changes

Any changes to the agreed project scope may result in additional costs and timeline adjustments. All changes must be documented and agreed upon in writing by both parties.

4. Payment Terms

4.1 Pricing and Quotes

Project pricing will be provided in written quotes or proposals. Prices are valid for 30 days from the date of quotation unless otherwise specified.

4.2 Payment Schedule

Unless otherwise agreed, projects typically follow this payment structure:

  • Initial deposit (typically 30-50%) required before work begins
  • Milestone payments as work progresses
  • Final payment upon project completion and delivery

4.3 Payment Methods

We accept payments via:

  • Bank transfer
  • M-PESA
  • Other methods as mutually agreed

4.4 Late Payments

Late payments may result in project suspension until payment is received. Interest may be charged on overdue amounts as permitted by law.

5. Client Responsibilities

Clients are responsible for:

  • Providing accurate project requirements and specifications
  • Supplying necessary content, materials, and access (e.g., hosting, domains, APIs)
  • Timely review and feedback on deliverables
  • Making timely payments as agreed
  • Ensuring they have rights to any materials provided to us
  • Complying with applicable laws and regulations

6. Intellectual Property Rights

6.1 Client-Owned Content

You retain all rights to content and materials you provide to us (text, images, logos, etc.).

6.2 Deliverables

Upon full payment, you will own the final deliverables created specifically for your project. However:

  • We retain rights to any pre-existing materials, tools, libraries, or frameworks used
  • We retain the right to display your project in our portfolio unless otherwise agreed
  • Source code ownership will be specified in the project agreement

6.3 Third-Party Components

Projects may incorporate third-party components (open-source libraries, frameworks, APIs) that are subject to their own licenses.

7. Warranties and Disclaimers

7.1 Our Commitment

We commit to:

  • Deliver services with reasonable skill and care
  • Use industry-standard practices and technologies
  • Fix bugs and errors discovered during agreed warranty periods

7.2 Disclaimer

Except as expressly stated in a written agreement:

  • Services are provided "as is" without warranties of any kind
  • We do not guarantee uninterrupted or error-free operation
  • We are not responsible for third-party services, hosting, or infrastructure issues
  • We do not guarantee specific business results or outcomes

8. Limitation of Liability

To the fullest extent permitted by law:

  • Our total liability for any claim shall not exceed the amount paid by you for the specific service giving rise to the claim
  • We are not liable for indirect, incidental, special, consequential, or punitive damages
  • We are not liable for data loss, business interruption, or lost profits

9. Support and Maintenance

9.1 Warranty Period

We typically provide a warranty period (e.g., 30-90 days) after project delivery during which we will fix bugs and errors at no additional cost. Details will be specified in the project agreement.

9.2 Ongoing Support

Ongoing maintenance and support beyond the warranty period may be available under a separate agreement or on a time-and-materials basis.

10. Confidentiality

We will treat your confidential information with care and not disclose it to third parties except:

  • As required to provide services (e.g., hosting providers)
  • As required by law
  • With your permission

11. Termination

11.1 Termination by Client

You may terminate a project by providing written notice. You will be responsible for payment for work completed up to the termination date.

11.2 Termination by MKY IntelliSystems

We may terminate services if:

  • You fail to make required payments
  • You breach these Terms
  • You request illegal or unethical work
  • The working relationship becomes untenable

12. Acceptable Use

You agree not to use our services to:

  • Create illegal, harmful, or malicious content or systems
  • Infringe on intellectual property rights of others
  • Distribute spam, malware, or viruses
  • Engage in fraudulent activities
  • Violate any applicable laws or regulations

13. Website Use

13.1 License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for its intended purpose.

13.2 Prohibited Activities

You may not:

  • Copy, modify, or distribute our website content without permission
  • Attempt to gain unauthorized access to our systems
  • Interfere with the website's operation
  • Use automated tools to scrape or collect data

14. Third-Party Links and Services

Our website may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of these third parties.

15. Indemnification

You agree to indemnify and hold harmless MKY IntelliSystems from any claims, damages, losses, or expenses arising from:

  • Your breach of these Terms
  • Your violation of any laws or third-party rights
  • Content or materials you provide to us
  • Your use of deliverables we provide

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of Kenya.

16.2 Dispute Resolution Process

In the event of a dispute, we agree to:

  1. First attempt to resolve the matter through good-faith negotiation
  2. If negotiation fails, consider mediation
  3. As a last resort, pursue legal action in accordance with Kenyan law

17. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor strikes, power failures, or internet disruptions.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website with a new "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

20. Entire Agreement

These Terms, together with any written project agreements or proposals, constitute the entire agreement between you and MKY IntelliSystems regarding our services.

21. Contact Information

If you have any questions about these Terms of Service, please contact us:

22. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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