Terms of Service

1. Acceptance of Terms

Welcome to Nakola Expert Systems. By accessing or using our website at nakolaexpertsystems.com (the "Site") and any services provided through it, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please discontinue use of the Site.

These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Nakola Expert Systems ("Company," "we," "our," or "us"), a technology services company registered in Nairobi, Kenya.

2. Our Services

Nakola Expert Systems provides professional technology services including, but not limited to:

• Custom software development (web, mobile, and enterprise applications)
• Technology consulting and strategy advisory
• Digital transformation planning and implementation
• Cloud infrastructure and DevOps engineering
• Quality assurance and software testing
• Ongoing managed support and maintenance

Specific service scope, deliverables, timelines, and fees are defined in individual project agreements, statements of work (SOW), or service contracts executed between you and the Company.

3. Use of the Site

You agree to use our Site only for lawful purposes. You shall not:

• Use the Site in any way that violates applicable local, national, or international law
• Attempt to gain unauthorized access to any part of the Site or its systems
• Introduce malware, viruses, or any other harmful code
• Scrape, mine, or otherwise extract data from the Site without permission
• Use the Site to transmit unsolicited or unauthorized advertising
• Impersonate any person or entity, or misrepresent your affiliation

4. Intellectual Property

4.1 Site Content

All content on this Site — including text, graphics, logos, icons, images, code, and design — is the property of Nakola Expert Systems or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

4.2 Client Project Work

Ownership of deliverables created during client engagements is governed by the specific project agreement or SOW. Unless otherwise stated:

• Custom code and designs created for a project are assigned to the Client upon full payment
• Pre-existing tools, frameworks, and libraries used remain property of their respective owners
• We retain the right to use non-confidential project details for portfolio and marketing purposes

5. Proposals & Engagements

Information submitted through our website (quotes, consultations, inquiries) does not constitute a binding contract. A formal engagement begins only upon:

• Mutual execution of a project agreement, SOW, or service contract
• Agreement on scope, timeline, deliverables, and pricing
• Receipt of any required initial payment or deposit

We reserve the right to decline any project at our discretion.

6. Payment Terms

Unless otherwise specified in a project agreement:

• Payment terms, milestones, and schedules are defined in the signed SOW
• Invoices are due within 14 days of issuance unless otherwise agreed
• Late payments may incur interest at 2% per month on outstanding balances
• Work may be paused on accounts with overdue balances exceeding 30 days
• All prices are exclusive of applicable taxes unless stated otherwise

7. Confidentiality

Both parties agree to treat confidential information disclosed during the engagement with reasonable care. Confidential information includes:

• Business strategies, trade secrets, and proprietary data
• Technical specifications, source code, and architecture documents
• Financial information, pricing, and contract terms
• Any information marked or reasonably understood as confidential

Confidentiality obligations survive the termination of any engagement for a period of 2 years, unless a longer period is agreed.

8. Warranties & Disclaimers

8.1 Website

The Site is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Site will be uninterrupted, error-free, or secure.

8.2 Services

We warrant that our professional services will be performed with reasonable skill and care consistent with industry standards. Specific warranties, SLAs, and support terms are defined in individual project agreements.

9. Limitation of Liability

To the maximum extent permitted by law:

• Nakola Expert Systems shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or our services
• Our total liability for any claim shall not exceed the total fees paid by you for the specific service giving rise to the claim
• We are not liable for damages arising from circumstances beyond our reasonable control (force majeure)

10. Indemnification

You agree to indemnify and hold harmless Nakola Expert Systems, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of the Site, or violation of any applicable law.

11. Termination

We reserve the right to suspend or terminate your access to the Site at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users or our business.

Termination of active service engagements is governed by the terms of the applicable project agreement or SOW.

12. Third-Party Links & Services

Our Site may contain links to third-party websites or services. These links are provided for convenience only. We do not endorse or assume responsibility for the content, privacy policies, or practices of any third-party sites. You access them at your own risk.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.

Any disputes arising from these Terms or the use of our Site shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to mediation and, if necessary, binding arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of Kenya.

14. Modifications to These Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting the revised Terms on this page with an updated "Last updated" date. Your continued use of the Site after changes constitutes acceptance of the new Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Contact Us

For questions or concerns regarding these Terms of Service, please contact us: