Terms of Service

1. Who we are

Duara Dev is the technology division of Duara Group, operating from Nairobi, Kenya. In these terms "we", "us" and "Duara Dev" mean Duara Dev, and "you" means the client engaging us.

2. The services these terms cover

These terms apply to web development, e-commerce development, mobile app development, software and systems, AI services, SEO, managed hosting, domain management and professional business email.

Each engagement is also governed by a service agreement or written proposal setting out scope, deliverables, timeline and price. Where that document and these terms differ, that document takes precedence for the engagement it covers.

3. Quotes, scope and changes

Published prices apply to the scope described alongside them. Work outside that scope is quoted separately, and we tell you before doing it rather than after.

Scope changes are normal. Small adjustments within an agreed stage are part of the work. Anything that adds materially to it is priced and agreed in writing first.

4. Payment

Project work is staged: a deposit to begin and the balance at agreed points as work is delivered, set out in writing before anything starts.

Recurring services (managed hosting, domain management, professional email and SEO), are billed in advance for the period stated, yearly or monthly as applicable.

All prices are in Kenyan shillings. Fees charged by third parties, such as payment processors on your store, are set by them and are not ours.

Where an invoice remains unpaid past its due date we may pause work or suspend a recurring service. We will tell you before we do so.

5. Your responsibilities

Providing content, approvals and access when the project needs them. The most common cause of delay is content that is not ready.

Making sure material you supply is yours to use. You confirm you hold the rights to text, images and data you give us.

Keeping the access credentials we hand over secure, and telling us promptly if you believe they have been compromised.

6. Intellectual property

On final payment, the website or system we build for you, and the content you supplied, are yours.

We retain ownership of our own pre-existing tools, libraries and general know-how, and you receive a licence to use them as part of what we deliver.

Third-party components carry their own licences, which we identify at handover where relevant.

We may reference your project in our portfolio unless you ask us not to.

7. Service levels

Availability, monitoring and response commitments for managed services are set out in the Service Level Agreement and in your service agreement.

Where we depend on infrastructure or services operated by third parties, our commitments are limited to what those providers make possible.

8. Liability

Nothing in these terms limits liability that cannot lawfully be limited.

Subject to that, our total liability in connection with an engagement is limited to the fees paid for that engagement in the twelve months before the claim.

We are not liable for indirect or consequential loss, including lost profits or lost data, except where it results from our own failure to perform a service you have paid us for.

9. Ending an engagement

Either of us may end a recurring service at the end of its current billing period by giving written notice.

If a project is ended part way, you pay for the work completed and delivered to that point.

On termination we hand over what is yours (site files, database and access) so you can move elsewhere. We would rather clients stay because staying is worth it than because leaving is difficult.

10. Governing law

These terms are governed by the laws of Kenya, and the courts of Kenya have jurisdiction over any dispute arising from them.

11. Changes to these terms

We may update these terms. The date at the top shows when they last changed, and material changes affecting an active engagement will be raised with you directly rather than published quietly.