1. Introduction
These Terms of Service ("Terms") govern the provision of software development, networking, CCTV installation, web hosting, and IT consultancy services (the "Services") by Selo Systems ("Selo Systems", "we", "us", or "our"), a self-managed information technology and infrastructure services provider operating from Eldoret, Kenya, and accessible online at selosystems.co.ke, to any individual or organisation that engages our Services ("Client", "you").
By requesting a quotation, signing a proposal, making a payment, or otherwise engaging Selo Systems for any Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not engage our Services.
2. Definitions
- "Agreement" means these Terms together with any signed proposal, quotation, statement of work, or invoice issued by Selo Systems that references them.
- "Deliverables" means the software, systems, installations, configurations, documentation, or other outputs produced by Selo Systems under an Agreement.
- "Client Materials" means any data, content, credentials, hardware, or premises access provided by the Client to enable delivery of the Services.
3. Services Offered
Selo Systems provides the following categories of Services, the specific scope of which will be defined in a written quotation, proposal, or statement of work for each engagement:
- Custom software development, including web, mobile, and backend systems
- Network design, structured cabling, and routing, hotspot, and ISP infrastructure
- CCTV supply, installation, configuration, and maintenance
- Web hosting, domain, server administration, and DevOps/deployment services
- General IT consultancy, systems audits, and technical advisory services
Any Service not expressly described in a signed quotation or proposal is outside the scope of the Agreement and will be treated as a separate, chargeable engagement.
4. Client Responsibilities
To enable Selo Systems to deliver the Services, the Client agrees to:
- Provide accurate, complete, and timely information, access, and Client Materials reasonably required for the engagement
- Provide safe and reasonable access to premises for on-site work such as networking and CCTV installation
- Designate a point of contact authorised to make decisions and approve deliverables on the Client's behalf
- Maintain the confidentiality of any credentials issued as part of the Services
- Obtain any third-party licences, consents, or regulatory approvals required for the Client's use case, unless expressly agreed otherwise in writing
5. Quotations, Fees, and Payment
All Services are provided on the basis of a written quotation stating the scope, fees (in Kenya Shillings unless otherwise agreed), and applicable Value Added Tax (VAT) at the prevailing statutory rate, where applicable. Quotations are valid for the period stated therein, or for thirty (30) days if no period is stated.
Unless otherwise agreed in writing, payment terms are as follows:
- A deposit of the percentage stated in the quotation is payable before work commences
- The balance is payable upon completion, delivery, or handover, or per the milestone schedule stated in the quotation
- Recurring services (such as hosting, maintenance, or support retainers) are billed in advance on the agreed billing cycle
Late payments may attract a reasonable interest charge or suspension of Services, including hosting, domain, or support access, until outstanding amounts are settled. Hardware and equipment supplied under a project (including MikroTik devices, cameras, and cabling) remain the property of Selo Systems until paid for in full.
6. Project Timelines and Delivery
Estimated timelines will be communicated in the quotation or project plan. Timelines are estimates and may be affected by factors outside Selo Systems' reasonable control, including delays in Client feedback, third-party equipment supply, power or connectivity interruptions, or site-access constraints. Selo Systems will communicate promptly with the Client regarding any material delay and revised timeline.
7. Acceptance, Warranties, and Support
Deliverables will be tested by Selo Systems prior to handover. The Client is expected to review and confirm acceptance within a reasonable period (or the period stated in the quotation), after which the Deliverable will be deemed accepted.
Selo Systems warrants that installation and development work will be performed in a professional and workmanlike manner consistent with generally accepted industry practice. Unless a separate support or maintenance agreement is in place, Selo Systems provides a limited defect-correction warranty period, as stated in the applicable quotation, covering defects arising from workmanship. This warranty does not cover:
- Damage caused by misuse, unauthorised modification, power surges, or external network conditions
- Third-party hardware or software faults, or expiry of third-party licences
- Changes to the Client's environment made after handover without Selo Systems' involvement
Except as expressly stated in this Section, all Services and Deliverables are provided on an "as is" basis, and Selo Systems disclaims all other warranties, whether express or implied, to the maximum extent permitted by Kenyan law.
8. Intellectual Property
Unless otherwise agreed in writing, upon full payment, ownership of custom Deliverables developed specifically for the Client (such as bespoke software built for that Client) transfers to the Client. Selo Systems retains ownership of its pre-existing tools, frameworks, libraries, templates, and know-how used in delivering the Services, and grants the Client a non-exclusive, perpetual licence to use these solely as embedded in the Deliverables.
Selo Systems may reference completed projects, including screenshots and general descriptions, for portfolio and marketing purposes, unless the Client requests confidentiality in writing.
9. Confidentiality and Data Protection
Each party agrees to keep confidential any non-public business, technical, or personal information disclosed by the other party in connection with the Agreement, and to use it only for the purposes of the engagement. Where Selo Systems processes personal data on the Client's behalf (for example, hosting a system containing the Client's customer data), Selo Systems will process that data in accordance with the Kenya Data Protection Act, 2019, and Selo Systems' Privacy Policy, and only on the Client's documented instructions.
10. Limitation of Liability
To the maximum extent permitted by law, Selo Systems' total liability arising out of or in connection with an Agreement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client for the specific Service giving rise to the claim in the twelve (12) months preceding the claim. Selo Systems shall not be liable for indirect, incidental, or consequential losses, including loss of profit, revenue, data, or business opportunity, except where such exclusion is not permitted by law.
11. Termination
Either party may terminate an Agreement for convenience upon written notice, subject to payment for work performed and costs reasonably incurred up to the date of termination. Selo Systems may suspend or terminate Services immediately if the Client fails to make payment when due, breaches these Terms, or engages in unlawful use of the Services.
12. Force Majeure
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to power outages, internet or telecommunications failures, natural disasters, civil unrest, or government action.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of Kenya. The parties will first attempt to resolve any dispute through good-faith negotiation. If unresolved within thirty (30) days, the dispute shall be referred to mediation, and failing that, to the exclusive jurisdiction of the courts of Kenya.
14. Amendments
Selo Systems may update these Terms from time to time. The updated version will be posted at selosystems.co.ke with a revised "Last updated" date. Continued engagement of Services after an update constitutes acceptance of the revised Terms. Material changes affecting an active project will be communicated directly to the Client.
15. Contact Us
For questions regarding these Terms, please contact:
