Terms of Service

1. Definitions

• "Company," "We," "Us," "Our": Refers to Neontek, the service provider.
• "Client," "You," "Your": Refers to the individual, company, or entity engaging our services.
• "Services": Refers to all work provided by Neontek, including but not limited to web development, mobile application development, cloud services, and software solutions as detailed in a Project Proposal.
• "Project Proposal": A formal document or written agreement outlining the scope, deliverables, timeline, and cost of a specific project.

2. Scope of Services

The specific scope, features, timeline, and costs for any project will be detailed in a formal Project Proposal. The Project Proposal, once accepted by you, will be incorporated into and form part of these Terms. Any work falling outside the scope of the agreed-upon proposal may be subject to additional charges.

3. Client Obligations

To ensure a successful and timely project, you agree to:

• Provide all necessary content, materials, and information in a timely manner.
• Provide timely feedback and approvals as required at various stages of the project.
• Ensure that any materials you provide do not infringe on the intellectual property rights of any third party.
• Appoint a single point of contact authorized to make decisions on behalf of your organization.

4. Payment and Fees

• Quotations: All quotations provided are valid for thirty (30) days from the date of issue.
• Deposit: A non-refundable deposit (typically 50% of the total project cost) is required before any work commences.
• Payment Schedule: Payments shall be made according to the schedule outlined in the Project Proposal.
• Late Payments: We reserve the right to halt all work and suspend services until outstanding amounts are paid. A late fee may be applied to overdue invoices.

5. Intellectual Property Rights

• Client Ownership: Upon receipt of final payment in full, the Intellectual Property rights for all final, unique Deliverables will be transferred to you.
• Company Ownership: We retain ownership of all pre-existing code, libraries, frameworks, and tools. You are granted a non-exclusive license to use any of our pre-existing IP integrated into your final Deliverables.
• Portfolio Rights: We reserve the right to showcase the completed project in our portfolio and marketing materials, unless an NDA specifies otherwise.

6. Confidentiality

Both parties agree to keep all non-public information and materials shared during the project ("Confidential Information") in strict confidence. This obligation will survive the termination of our agreement.

7. Warranties and Disclaimers

• Our Warranty: We warrant that our Services will be performed in a professional and workmanlike manner, conforming to the specifications in the Project Proposal.
• Warranty Period: We provide a thirty (30) day warranty period following the project launch to fix any bugs or errors in our code. This warranty does not cover issues caused by third-party software or changes made by the Client.
• Disclaimer: Except for the express warranties above, our Services are provided "as is." We are not responsible for the performance, terms, or security of any third-party services (e.g., hosting providers, payment gateways).

8. Limitation of Liability

To the maximum extent permitted by law, the total liability of Neontek for any claim shall not exceed the total amount of fees paid by you to us for the specific project in question. We shall not be liable for any indirect, consequential, or special damages, including lost profits.

9. Term and Termination

Either party may terminate this agreement if the other party commits a material breach of these Terms. Upon termination, you agree to pay for all work completed up to the termination date.

10. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the Republic of Kenya. Any dispute shall be submitted to the exclusive jurisdiction of the courts located in Nairobi, Kenya.

11. General Provisions

We may update these Terms from time to time. Your continued use of our Services after such changes constitutes your acceptance of the new Terms. These Terms, together with the accepted Project Proposal, constitute the entire agreement between Neontek and the Client.

12. Contact Information

For any questions regarding these Terms of Service, please contact us at:
info@neontek.co.ke