Welcome, and thank you for considering Empire Tech Automations. Before we get started, please take a few minutes to read through these Terms and Conditions. They're written plainly because we believe transparency builds better business relationships — not because we enjoy legal documents any more than you do.

By engaging with our services, contacting us through this website, or signing any project agreement with us, you agree to be bound by these terms. If anything here is unclear or doesn't sit right, please reach out before proceeding — we'd always rather have a conversation than a misunderstanding.

1. Our Services

Empire Tech Automations is a technology company based in Nairobi, Kenya. We deliver digital transformation and automation solutions to businesses across East Africa. Our services include, but are not limited to:

• Custom software development — web applications, ERP systems, CRM platforms, workflow tools, and bespoke business software
• Mobile application development — native iOS and Android apps, cross-platform solutions, and mobile-first platforms
• AI & intelligent automation — chatbots, RPA (Robotic Process Automation), machine learning integrations, and AI-powered decision tools
• Cloud services — cloud migration, infrastructure setup, managed hosting, and DevOps support
• GIS & spatial solutions — geographic information systems, mapping platforms, and location intelligence services
• Cybersecurity — security audits, vulnerability assessments, penetration testing, and compliance consulting
• IT hardware & infrastructure — structured cabling, server deployment, networking, CCTV, biometric access control, and hardware procurement
• IT support & managed services — helpdesk support, system monitoring, preventive maintenance, and IT consulting

The specific scope for any engagement is defined in a written proposal or Statement of Work (SOW), which takes precedence over these general terms where they differ.

2. Project Agreements & Proposals

Every project begins with a written proposal or SOW outlining the scope, deliverables, timeline, and pricing. This document must be accepted in writing — email confirmation from an authorised representative is sufficient — before any work commences.

Changes to agreed scope are handled through a Change Request process. If you request work outside the original scope, we'll document the change, associated costs, and timeline impact for your written approval before proceeding. We don't bill surprises.

Verbal agreements, informal Slack or WhatsApp messages, or implied requests do not constitute binding scope changes. This protects both parties from costly misunderstandings down the line.

3. Payment Terms & Billing

Our payment structure is designed to be straightforward and fair:

• 50% deposit is required before project work begins. This covers initial planning, resource allocation, and early development.
• 50% balance is due upon project completion and your written acceptance of deliverables.
• For longer or phased engagements, milestone-based payments may be structured in the project SOW.
• Invoices are due within 14 calendar days of issuance, unless otherwise agreed in writing.
• Late payments accrue interest at 1.5% per month (18% per annum) from the payment due date.
• We reserve the right to pause active work on projects with overdue invoices after giving 7 days written notice.

We accept payment via M-Pesa Paybill, bank transfer (KES or USD), and mobile banking. Full payment instructions are provided on every invoice.

4. Intellectual Property Rights

We believe you should fully own what you pay for. Here's exactly how IP works:

• Upon receipt of full payment, all custom code, designs, databases, and deliverables created specifically for your project transfer to you in full. You own it outright, with no ongoing royalties or licence fees.
• Third-party components — open-source libraries, frameworks, fonts, APIs, and other third-party tools used in your project — remain subject to their own licences (MIT, Apache, GPL, etc.). We'll document all such dependencies clearly.
• Pre-built proprietary modules we own and licence across multiple client projects remain our property. You receive a perpetual, non-transferable licence to use them within the context of your project.
• Portfolio rights: We retain the right to include completed projects in our portfolio and use them for marketing purposes — on our website, in case studies, and in presentations — unless you request confidentiality in writing before project kickoff.

5. Your Obligations as a Client

A successful project is genuinely a two-way effort. To deliver on time and within budget, we ask that you:

• Respond promptly to review requests — provide feedback on designs, test builds, and approval requests within 5 business days. Delays on your end pause timelines proportionally, and we reserve the right to adjust delivery dates accordingly.
• Supply required materials on time — brand assets, content, access credentials, third-party logins, and any other inputs needed for the project should be provided when requested.
• Designate a single point of contact — one authorised person to approve decisions and communicate with our team. Conflicting instructions from multiple stakeholders cause delays and scope confusion.
• Provide accurate information — the quality of what we build depends on the accuracy of your requirements and inputs. We are not liable for outcomes resulting from inaccurate, incomplete, or misleading information.
• Comply with applicable laws — you are solely responsible for ensuring your use of our deliverables complies with all applicable laws, regulations, industry standards, and third-party licences.

6. Warranties & Post-Launch Support

We stand behind our work. Every delivered project includes:

• 30-day bug fix warranty from the date of written project acceptance. We'll resolve any defects that arise directly from our implementation at no additional cost.
• Warranty coverage applies to bugs and errors in code we wrote. It does not cover new feature requests, changes in third-party services or APIs, infrastructure outages, or issues caused by modifications made by you or third parties after delivery.
• After the 30-day warranty period, ongoing support and maintenance is available under a separate Support & Retainer Agreement.

All services are performed with professional skill and care, consistent with industry standards. We don't cut corners — but we're also human. If something doesn't work as expected, we fix it.

7. Limitation of Liability

To the fullest extent permitted by applicable law in Kenya:

• Empire Tech Automations' total liability to you in connection with any single project shall not exceed the total fees paid by you for that specific project.
• We are not liable for indirect, consequential, incidental, special, or punitive damages — including loss of revenue, loss of data, loss of business, or business interruption — even if advised of their possibility.
• We are not responsible for service disruptions or failures caused by third-party hosting providers, internet infrastructure, power outages, or APIs and platforms outside our control.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other matter that cannot be excluded under Kenyan law.

8. Confidentiality

In any engagement, both parties will inevitably come into contact with sensitive information — your business processes, client data, pricing strategy, and technical architecture; our methodologies, tools, and internal processes.

Both Empire Tech Automations and you agree to:

• Keep all confidential information strictly private and not disclose it to any third party without prior written consent from the disclosing party
• Use confidential information only for the purposes of the agreed engagement
• Take reasonable technical and organisational measures to protect confidential information from unauthorised access
• These obligations survive termination of the engagement for a period of 3 years

For projects requiring a formal Non-Disclosure Agreement (NDA) — particularly those involving sensitive business logic, proprietary data, or pre-launch products — we're happy to sign one before discovery calls or technical discussions begin.

9. Termination

Either party may terminate an active engagement by providing 14 days written notice via email. Upon termination:

• You will be invoiced for all work completed up to the termination date, billed at the agreed project rates or daily rate for time-and-materials engagements
• All deliverables completed and fully paid for will be handed over to you within 5 business days of final payment
• Any software licences, hosting services, or subscriptions set up in your name will be transferred or cancelled at your direction

We reserve the right to terminate immediately (without the 14-day notice period) if you: fail to make payment after reasonable notice, engage in illegal activities using our services, or commit a material breach of these terms that you do not remedy within 7 days of being notified.

10. Force Majeure

Neither party will be considered in breach of these terms for delays or failures caused by circumstances genuinely beyond their reasonable control. This includes natural disasters, acts of government, national emergencies, widespread internet infrastructure failures, pandemics, or civil unrest.

The affected party must notify the other in writing as soon as practically possible after the event occurs. Where a force majeure event persists for more than 60 days, either party may terminate the engagement with no penalty, paying only for work completed to that point.

11. Governing Law & Dispute Resolution

These Terms and Conditions are governed by the laws of the Republic of Kenya. Any disputes arising from or in connection with these terms or any project engagement shall first be addressed through good-faith negotiation between the parties.

If a dispute cannot be resolved within 30 days of one party sending written notice to the other, it shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

We genuinely prefer to talk things through. A 30-minute call has resolved more disagreements than any contract clause ever will.

12. Changes to These Terms

We may update these Terms from time to time — to reflect new services, changes in law, or improvements to how we work. When we make material changes, we'll update the "Last updated" date at the top of this page.

For active project engagements, the terms in effect at the time of your project agreement apply throughout that engagement unless both parties agree to updated terms in writing.

Continued use of our website or services after changes are published constitutes acceptance of the updated terms.

13. Questions? Let's Talk.

If you have questions about any clause, need a customised agreement, or want to discuss specific terms before signing — please get in touch. We'd genuinely rather have a conversation than leave you with unanswered questions.

📧 info@empiretech.co.ke  Ã‚·  📞 +254 742 648 795