Back to Home

Terms of Service

Last Updated: January 2025

These Terms of Service ("Terms") govern your use of the Equitum Limited website and the procurement of our ICT solutions and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Definitions

2. Services Overview

Equitum Limited provides the following services:

Specific terms for each service will be outlined in individual service agreements.

3. Engagement and Proposals

3.1 Request for Proposal

Clients may request proposals by submitting inquiries through our website, email, or other communication channels. All proposals are valid for 90 days from the date of issue unless otherwise stated.

3.2 Acceptance

A binding agreement is created when:

4. Pricing and Payment Terms

4.1 Pricing

All prices are quoted in Kenya Shillings (KES) or US Dollars (USD) and are exclusive of VAT unless otherwise stated. Prices are subject to change based on market conditions, currency fluctuations, and supplier pricing.

4.2 Payment Terms

Standard payment terms are:

4.3 Late Payment

Late payments may incur interest charges at the prevailing Central Bank of Kenya (CBK) rate plus 2% per annum.

5. Delivery and Implementation

5.1 Timelines

Project timelines are provided in good faith based on current circumstances. Delays may occur due to:

5.2 Client Responsibilities

Clients are responsible for:

6. Warranties and Guarantees

6.1 Equipment Warranty

All equipment supplied carries manufacturer's warranty, typically:

6.2 Workmanship Warranty

We warrant our installation and implementation work for 12 months from project completion, covering defects in workmanship but not damage caused by misuse, modifications, or external factors.

6.3 Software Warranty

Custom software is warranted to perform substantially as specified for 90 days post-deployment. Bug fixes and corrections will be provided at no charge during the warranty period.

7. Support and Maintenance

7.1 Support Services

Support services are available through:

7.2 Response Times

Standard SLA response times:

8. Intellectual Property

8.1 Proprietary Rights

Unless otherwise agreed:

8.2 License Grant

We grant clients non-exclusive, non-transferable licenses to use any proprietary tools or utilities provided as part of services.

9. Confidentiality

Both parties agree to:

Exceptions include information that is publicly available, independently developed, or required to be disclosed by law.

10. Limitation of Liability

10.1 General Limitations

Our liability for any claim arising from services is limited to the fees paid for the specific service giving rise to the claim, except in cases of gross negligence or willful misconduct.

10.2 Exclusions

We are not liable for:

11. Data Protection and Security

We comply with Kenya's Data Protection Act, 2019 and maintain ISO 27001 certification. Client data is:

12. Compliance and Ethics

12.1 Anti-Corruption

Equitum Limited maintains a zero-tolerance policy on bribery and corruption. We comply with:

12.2 Code of Conduct

Our staff adhere to professional standards of conduct, including confidentiality, integrity, and respect for client premises and personnel.

13. Termination

13.1 Termination for Convenience

Either party may terminate agreements with 30 days written notice. Client is responsible for payment of services rendered up to termination date.

13.2 Termination for Cause

Either party may terminate immediately if the other party:

14. Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, civil unrest, government actions, pandemics, or telecommunications failures.

15. Dispute Resolution

15.1 Negotiation

Disputes will first be addressed through good-faith negotiations between senior management.

15.2 Mediation

If negotiation fails, parties agree to mediation through the Nairobi Centre for International Arbitration (NCIA) or mutually agreed mediator.

15.3 Arbitration

Unresolved disputes will be settled by arbitration under the Arbitration Act of Kenya, with proceedings in Nairobi, Kenya.

16. Governing Law

These Terms are governed by the laws of the Republic of Kenya. Parties submit to the exclusive jurisdiction of Kenyan courts.

17. Changes to Terms

We reserve the right to modify these Terms at any time. Updated terms will be posted on our website with a revised date. Continued use of services after changes constitutes acceptance.

18. Entire Agreement

These Terms, together with any service-specific agreements, constitute the entire understanding between parties and supersede all prior discussions or agreements.

19. Contact Information

For questions regarding these Terms of Service:

Equitum Limited
Uniafric House, Koinange Street
Nairobi, Kenya
Email: info@equitum.ltd
Legal: legal@equitum.ltd
Phone: +254 110 000 888

Return to Homepage