Terms of Service

I'm Steve Tom, and KenTom is just me. These Terms of Service ("Terms") govern your use of this website and any work you engage me for directly. By using the site or working with me, you agree to these Terms. If you don't agree, please don't use the site or my services. I've kept this straightforward, so if anything is unclear, just reach out.

1. A Note on Projects

KenTom is the umbrella for several separate projects (things like Axene, Chiromo Forge, Qailly, Pixen, and Skill Kenya). These Terms cover this website and direct work with me.

Each project runs on its own. Every project operates its own terms of service, and using a project means agreeing to that project's specific terms, not these. Where a project has its own terms, those take precedence for anything to do with that project. If a project doesn't publish terms yet, the work is covered by the individual agreement I make with you for it.

2. Services I Provide

I offer development and design services, including but not limited to web development, mobile development, UI/UX design, custom software, consulting, and maintenance and support. Work is done based on a project agreement that outlines the specific deliverables, timeline, and pricing for your project.

3. Your Responsibilities

When working with me, you agree to provide accurate and complete information, communicate in a timely way, respect intellectual property, use my services only for lawful purposes, meet payment obligations as agreed, and give the feedback I need during development.

4. Project Agreements

Each project is governed by a specific agreement covering the scope of work, timeline and milestones, pricing and payment schedule, included revisions, and acceptance criteria. A project agreement, and any project-specific terms, take precedence over these general Terms for the details of that project.

5. Payment Terms

My standard structure: a 30 to 50% upfront deposit to begin work, milestone payments for larger projects, and a final payment due on completion before final delivery. I accept bank transfers, PayPal, Stripe and other agreed methods. Late fees may apply to overdue payments. Prices are quoted in USD unless otherwise specified. Terms may vary by project and will be outlined in your agreement.

6. Intellectual Property Rights

Your content. You keep all rights to content you provide. By sharing it, you grant me a licence to use it solely to deliver your project.

My work product. Upon full payment you receive ownership of the final deliverables created for your project, the right to modify and use them, and the source code and related assets unless otherwise specified.

What I retain. Pre-existing code libraries, frameworks and tools; general methods and know-how; the right to showcase your project in my portfolio with your permission; and the use of generic, reusable components in future work.

7. Confidentiality

I will not disclose your business information, trade secrets or project details without permission, and I use confidential information solely to deliver your project. I can sign a separate NDA for sensitive work. Confidentiality obligations survive project completion. Exceptions include information that is public, independently developed, or required to be disclosed by law.

8. Warranties and Guarantees

I commit to delivering work that meets professional standards, functional code that meets agreed specifications, bug fixes within the warranty period (typically 30 to 90 days), and my best efforts to meet timelines. Beyond those commitments, services are provided "as is". I can't guarantee uninterrupted operation, compatibility with all future third-party services, specific business outcomes, or freedom from all security vulnerabilities, though I follow best practices.

9. Limitation of Liability

To the fullest extent permitted by law: my total liability for any claim shall not exceed the amount paid for the specific project; I am not liable for indirect, incidental or consequential damages, nor for data loss, business interruption or lost profits; and you are responsible for keeping backups of your data. Some jurisdictions don't allow these limitations, so they may not apply to you.

10. Cancellation and Refunds

Your cancellation. You may cancel at any time, subject to payment for all work completed, delivery of work in progress, and the understanding that deposits are generally non-refundable but can be applied to future work.

My cancellation rights. I may end a project if you fail to make payments, breach these Terms, request illegal or unethical work, or if cooperation becomes impossible. In those cases I'll give reasonable notice and refund any unused advance payment.

11. Support and Maintenance

After delivery: free bug fixes within the warranty period, basic documentation and handoff instructions, optional training (may incur cost), ongoing support via a separate maintenance agreement, and new features beyond the original scope billed separately.

12. Third-Party Services

Projects may integrate third-party services (APIs, hosting, libraries). You are responsible for obtaining the necessary accounts, licences and API keys. I am not liable for changes, downtime or issues with third-party services, and any extra costs for them are your responsibility. I recommend reliable services but cannot guarantee their performance.

13. Modifications to Terms

I may update these Terms from time to time. When I do, I'll update the date and note material changes, and continued use means acceptance. Existing project agreements stay under the Terms in effect when they were signed.

14. Dispute Resolution

If we disagree, I'd rather talk it through first and resolve it amicably. If that doesn't work, we can try mediation, and for larger disputes arbitration may be required. These Terms are governed by applicable local laws.

15. General Provisions

These Terms, along with any project agreement and project-specific terms, make up the whole agreement between us. If any provision is invalid, the rest still applies. Not enforcing a right doesn't waive it. You can't transfer your rights under this agreement without my consent. I am not liable for delays caused by circumstances beyond my control.

Contact

Questions about these Terms? Email me@kentom.co.ke or reach me on WhatsApp. I typically respond within 12 hours.