WebApp Development Agreement

By subscribing to Afrisol Technologies serviceCard you agree to be bound by the terms and conditions mentioned on this page.

1. The client's approval for work to commence shall be deemed a contractual agreement between the client and Afrisol Technologies Limited. The approval for the work can be either an email confirming back the quote (with the quote document attached) or the quote document signed by the client. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts these terms and conditions.
2. All material supplied by the client shall remain the client's property. It will be assumed that this material belongs to the client and that it does not breach any copyright laws.
3. Afrisol Technologies provides domain name consultancy if required. Domain names registered by Afrisol Technologies on the Customer's behalf are property of Afrisol Technologies until the client has paid for the domain booked and professional fees involved and previously agreed upon. Afrisol Technologies agree to transfer this domain to the customer or his/her agent when asked to do so provided that all accounts have been settled. Note: Domains booked and owned by Clients themselves are not subject matter above. This term is related to only those domains which are booked by Afrisol Technologies upon the request of clients.
4. All third party costs arising from the registration of a domain name/purchase of third party utilities/serviceCard shall be met by the Client and are payable to Afrisol Technologies before a formal application for registration is made. This is included in the standard invoice issued after approval for work to commence.
5. Afrisol Technologies will retain the copyright of any material, including design, artwork and the source code, created for the client by Afrisol Technologies. Once final payment has been received by Afrisol Technologies, copyright may be transferred to the client if previously agreed. Afrisol Technologies reserves the right to retain the copyright on all material created by Afrisol Technologies unless otherwise agreed between the two parties in writing.
6. Afrisol Technologies may use stock photographs and images in the design and build of the site. Images and graphics purchased from stock libraries are not generally included in the quote and will only be included once the client has approved the additional cost. General reworking and editing of artwork and photography supplied by the client will be included in the quote but where Afrisol Technologies considers the amount or extent of work involved in editing or reworking assets, Afrisol Technologies reserves the right to charge for the time of carrying out such work at its usual company hourly rates.
7. Afrisol Technologies makes every effort to design pages that display acceptably in the most popular current browsers released on the date of project agreement, but cannot accept responsibility for pages that do not display acceptably in new versions of browsers released after pages have been designed.
8. Afrisol Technologies is not responsible for the client's on-going web site promotion. Should the client require the site to be promoted a separate contract must be agreed. Afrisol Technologies can make no guarantees about the success of any search engine promotion activity because this is controlled by the search engines.
9. Should the client wish to cancel at any point during the process, they shall remain liable for the work that has taken place and shall be invoiced accordingly. If cancellation takes place prior to completion the client will be charged what Afrisol Technologies consider to be a reasonable amount for the work carried out to that date.
10. Afrisol Technologies does not undertake to maintain or update a client's WebApp as part of the design commission. If a client wishes Afrisol Technologies to maintain or update a web site as a separate commission, Afrisol Technologies will negotiate with the client a maintenance contract appropriate to the amount of work required.
11. Afrisol Technologies cannot be held liable for any information contained within The Client's web site. The content of such remains the copyright and intellectual property of The Client. Examples of work Afrisol Technologies retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.
12. Afrisol Technologies signature must be put on the site preferably at the bottom of the WebApp (on all the pages) and it should link back to https://www.afrisoltech.co.ke/. If the client must remove this link, an additional price of 25% will be charged. Following html code must be used to place the signature: WebApp by Afrisol. Signature should be visible to human eyes and search engine spiders.
13. Travelling time to and from customer premises is not generally included in our estimate. If a visit/travel is required for meeting, the Client will bear all the expenses or as agreed by both the parties.
14. The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required, as the site is developed, then we will provide a separate quote for the additional work and may need to review the timescale for completing the project.
15. An advance of 50% of the total cost of the project is required before work can commence. After work commences this is nonrefundable.
16. Payment is currently accepted by Wire Transfer, Credit and Debit Cards, Direct Bank Deposits and M-Pesa, unless otherwise agreed.
17. Payment will be due within 7 days of invoice. Full publication of the Web Pages may take place only after full payment has been received unless otherwise agreed. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of KES. 10,000 or equivalent in US Dollars will be required to have the site restored. Accounts that have not been settled within 7 days of the date shown on the invoice will incur a late payment charge of 5% of the amount outstanding.
18. The customer understands that any Internet Service Provider (ASP) serviceCard or WebApp storage serviceCard will require a separate contract with the ISP. Afrisol Technologies set up a domain name with our host if required, but will not be held responsible for any domains and hosting serviceCard we have not provided.
19. Afrisol Technologies is among the best WebApp designing companies of Kenya - we not only do best WebApp designs and develop best web solutions, we also provide free technical support for three months from the date of delivery of the project or project files are moved to your hosting account; whichever happens earlier. The Free Technical Support is available for all the bugs/errors found in our server side scripting or Java script errors. To give you our best serviceCard, we take this responsibility of free support at no extra cost to you until and unless some other designer/developer modifies the project files we have delivered.
20. Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt Afrisol Technologies from meeting the timelines mentioned in the quote. In case client does not provide required details/data/information for more than 15 working days, client authorizes Afrisol Technologies to forfeit the payments made towards this project.
21. Unless otherwise agreed, client agrees to setup the scripts delivered only on one domain. However if client wish to run same WebApp on different domain, then client has to purchase separate license for each domain. If a client purchases domain from us and hosts with us, the client acknowledges that the domain and hosting serviceCard have a validity period of one year unless a prolonged period is subscribed for.
22. Unless otherwise agreed, Afrisol Technologies is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects.
23. After client makes the agreed payment for the project – Afrisol Technologies will not claim share in your profits from business or from sale of business to some other company.
24. Unless otherwise agreed, for faster turn around and bug free application development, Afrisol Technologies can use own framework (code library in encrypted format) which is used for web applications development. Client will be provided with detailed documentation for using code library functions, with help of the documentation provided other programmers can modify the WebApp functionality.
25. In no event, Afrisol Technologies shall be liable to the customer or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or WebApp, even if Afrisol Technologies has been advised of the possibility of such damages.
26. At no time will Afrisol Technologies take responsibilities that happen accidentally including erroneous information extended beyond correcting the error.
27. Should Afrisol Technologies waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Afrisol Technologies to waive the same clause on any other occasion.
28. By agreeing to these terms and conditions your statutory rights are not affected. Afrisol Technologies reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updating in this agreement remains unaffected. Should clarification of any of the above be required, please contact us.