Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, web and mobile applications, software products, hosting, maintenance and related services (collectively, the "Services") provided by Ilays Solutions ("we", "us", "our"), a business based in Nairobi, Kenya. By accessing our website, requesting a quote, or engaging us for any Service, you ("you", "the Client") agree to these Terms.

We provide web development, mobile app development, SaaS development, branding and design, managed hosting, maintenance, SEO and digital marketing. The specific scope, deliverables, timeline and fees for any engagement are set out in a written proposal, quote, statement of work or order ("Order"). Where an Order conflicts with these Terms, the Order prevails for that engagement.

Estimates and timelines are provided in good faith and may change where scope, requirements or third-party dependencies change.

• Prices shown on our website are starting points; final pricing is confirmed in your Order.
• Project work may require a deposit before work begins, with the balance due per the Order.
• Hosting, maintenance and subscription Services are billed in advance on a recurring basis (monthly, quarterly or annually) until cancelled.
• Invoices are payable by the due date stated. We accept payment via Paystack, Stripe and bank transfer.
• Late or unpaid invoices may result in suspension of Services (including taking a hosted website offline) after a reasonable grace period, and may incur reasonable recovery costs.
• Unless stated otherwise, fees are exclusive of any applicable taxes, which are your responsibility.

Where we host or maintain your website or application, we will use commercially reasonable efforts to keep it secure, updated and available. You acknowledge that no hosting is guaranteed to be 100% uninterrupted, and that scheduled maintenance, third-party outages or force majeure events may affect availability.

If your account is suspended, cancelled or significantly overdue, hosted sites may be made inaccessible until the matter is resolved. We keep reasonable backups but you remain responsible for retaining your own copies of important data.

• Provide accurate information, content, access and timely feedback needed to deliver the Services.
• Ensure you own or are licensed to use all content, trademarks and materials you provide to us.
• Use the Services lawfully and not for any fraudulent, harmful, infringing or abusive purpose.
• Keep your account credentials secure and notify us of any unauthorised use.

Upon full payment for an engagement, you own the final deliverables created specifically for you, except for: (a) our pre-existing tools, frameworks, libraries and know-how; (b) third-party and open-source components, which remain under their own licences; and (c) our SaaS products, which are licensed, not sold. We may showcase non-confidential work in our portfolio unless you ask us in writing not to.

Our Services may rely on third parties such as Hostinger (hosting & affiliate programme), Paystack and Stripe (payments), and email providers. Your use of those services is also subject to their terms, and we are not responsible for their acts, omissions or outages.

We provide the Services with reasonable skill and care. Except as expressly stated, the Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement, to the maximum extent permitted by law.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential losses, or for loss of profit, revenue, data or goodwill. Our total aggregate liability arising out of or in connection with an engagement will not exceed the amount you paid us for the Service giving rise to the claim in the three (3) months preceding the event.

Either party may terminate an engagement or recurring Service with reasonable written notice as set out in the Order. On termination you remain liable for fees for work performed and the current billing period. We may suspend or terminate Services immediately for non-payment or material breach.

Each party will keep the other's confidential information private. Our handling of personal data is described in our Privacy Policy, which forms part of these Terms. We process personal data in line with the Kenya Data Protection Act, 2019 and, where applicable, the EU/UK GDPR.

We may update these Terms from time to time. The latest version will always be posted on this page with an updated date. Continued use of the Services after changes take effect constitutes acceptance.

These Terms are governed by the laws of Kenya, and the courts of Kenya have exclusive jurisdiction. Questions about these Terms can be sent to info@ilayssolutions.com.