Terms of Service

1. Acceptance

These Terms apply when you visit imranisdev.top, submit a form, book a call, send a project brief, download or use a resource from this website, or request services from Imran Shiundu.

By using the website or requesting services, you confirm that you have read and accepted these Terms. If you act for a company, startup, NGO, public body, or other organisation, you confirm that you have authority to act for that organisation.

2. Governing law

These Terms and related service relationships are governed by the laws of the Republic of Kenya, unless a signed agreement expressly says otherwise.

Depending on the project, relevant Kenyan law may include contract law, consumer protection law, data protection law, communications law, evidence law, intellectual property law, tax law, and other applicable rules.

3. Informational nature of the website

Portfolio pages, blog posts, project descriptions, legal templates, pricing notes, and technical resources are provided for general information. They are not legal, financial, tax, investment, medical, procurement, or other professional advice for your specific situation.

You should verify important information before relying on it. Where a decision carries legal, financial, operational, or reputational risk, obtain advice from a qualified professional.

4. Services

Services may include website design, web application development, frontend engineering, backend development, API work, database design, integrations, deployment support, performance improvement, code review, technical consulting, documentation, project planning, and maintenance.

A service is included only when it is clearly stated in an accepted proposal, statement of work, invoice, or signed agreement. Anything not clearly included is out of scope and may require a separate quote and timeline.

5. Project enquiries

When you submit a contact form, questionnaire, email, WhatsApp message, file attachment, booking request, or similar communication, you give permission for your submission to be reviewed and answered for project evaluation, pricing, feasibility, planning, and business communication.

Please do not send highly sensitive information, payment card details, government ID images, health records, confidential third-party records, or regulated personal information unless there is a clear written reason and an agreed method of transfer.

Submitting a project enquiry does not create an obligation to accept the project, start work, reserve time, deliver work, or keep a quoted price open indefinitely. A project starts only when the agreed start conditions are met.

6. Project documents and order of priority

A professional engagement may be governed by several documents, including these Terms, a proposal, quotation, invoice, statement of work, master services agreement, email confirmation, technical specification, change request, or maintenance agreement.

If documents conflict, the order of priority is: signed agreement first, then statement of work, then invoice or quotation, then approved change requests, then these Terms, then general website content, unless a signed agreement says otherwise.

7. Client responsibilities

Clients must provide accurate instructions, timely feedback, content, assets, approvals, business rules, product information, privacy requirements, accessibility requirements, hosting information, and third-party service access required for the project.

The client confirms that all materials supplied for the project are owned by the client, properly licensed, or otherwise lawfully usable.

Client delays, missing assets, late approvals, unclear instructions, late payments, unavailable decision-makers, or changes in direction may extend timelines and may increase fees.

8. Fees, deposits, taxes, and payment

Fees are stated in the relevant proposal, quotation, invoice, or agreement. Unless stated otherwise, prices do not include domains, hosting, paid fonts, stock media, third-party subscriptions, payment gateway fees, cloud usage, legal review, copywriting, photography, translation, taxes, or provider charges.

A deposit may be required before work begins. Where a deposit is described as non-refundable, it covers reserved time, planning, onboarding, discovery, opportunity cost, administrative work, and early project work. Any non-refundable term applies only to the maximum extent permitted by Kenyan law and any mandatory consumer rights.

Late payment may pause work, delay delivery, restrict access to unpaid work, or suspend maintenance until outstanding amounts are paid. Reasonable late fees, collection costs, and legal costs may be charged where lawful.

9. Revisions and scope changes

Revisions are limited to the number and type stated in the project agreement. A revision means a reasonable adjustment to work already within scope.

New features, new integrations, new pages, new design directions, new business rules, new content structures, or changes after approval are change requests and may require extra fees and extra time.

10. Delivery and acceptance

A deliverable may be treated as accepted when the client gives written approval, uses it publicly, asks for deployment, receives access and does not raise a material issue within the agreed review period, or otherwise acts as though the work is accepted.

Minor bugs, cosmetic issues, content edits, browser differences, or small adjustments do not justify withholding full payment for substantially completed work. Material defects reported during the agreed review period will be handled according to the project scope.

11. Third-party services

Clients are responsible for buying, renewing, and controlling domain names, hosting accounts, email accounts, payment gateways, analytics accounts, subscriptions, cloud accounts, and other third-party services unless a separate written agreement says otherwise.

Third-party services are governed by their own terms, pricing, privacy policies, uptime, support, and service practices. Imran Shiundu is not responsible for third-party outages, price changes, account restrictions, data loss, downtime, billing issues, or policy changes.

12. Intellectual property

Until full payment is received, custom code, designs, layouts, documentation, configuration, project files, and deliverables remain owned or controlled by Imran Shiundu, except for client materials and third-party materials.

After full payment, the client receives the ownership or licence rights stated in the accepted proposal or agreement. Reusable components, pre-existing code, internal tools, templates, workflows, generic ideas, know-how, and development methods remain with their original owner unless expressly transferred in writing.

Open-source libraries and third-party assets remain subject to their own licences. The client is responsible for following any licence obligations that apply after delivery.

13. Confidentiality and personal data

Each party must protect confidential business, technical, financial, operational, and personal information received from the other party. Confidential information may be used only for the relevant project or communication purpose.

Personal data is handled according to the Privacy Policy and applicable Kenyan data protection law. A separate data processing agreement may be required for projects involving large volumes of personal data, regulated records, children, employees, customers, payments, health, finance, education, or public-sector records.

14. Portfolio use

Unless confidentiality has been agreed in writing, Imran Shiundu may mention the project, display screenshots, describe the technical role, link to the public website, and use non-confidential work samples in a portfolio, proposal, case study, social post, pitch deck, or professional profile.

If a project is confidential, the client should state this in writing before work begins or before confidential material is shared.

15. Tools and automation

Development may involve ordinary engineering tools, automation, code assistants, documentation tools, testing tools, AI-assisted drafting, and similar productivity tools.

These tools do not remove the obligation to exercise professional judgement, review outputs, and protect confidential information. If a project requires strict restrictions on external tools, those restrictions must be stated in writing before work begins.

16. Refusal of work

Services may be refused, suspended, or terminated for projects involving unlawful, deceptive, abusive, exploitative, infringing, unsafe, or high-risk activity.

Work that affects systems, people, records, or organisations outside the client organisation must be authorised, documented, and properly scoped.

17. Warranties and business outcomes

Services are provided with reasonable professional skill and care. Except as expressly stated in a signed agreement, no guarantee is made that a website, app, system, article, strategy, or technical recommendation will produce revenue, investment, rankings, traffic, uptime, conversions, regulatory approval, certification, or any specific business outcome.

To the maximum extent permitted by law, implied warranties, conditions, and guarantees are excluded where they may lawfully be excluded. Nothing in these Terms limits rights that cannot legally be limited under Kenyan law.

18. Liability

To the maximum extent permitted by law, total liability for a project is limited to the amount actually paid for the specific service that gave rise to the claim.

No liability is accepted for indirect loss, consequential loss, lost profits, lost revenue, loss of goodwill, lost opportunities, data loss, business interruption, reputational damage, third-party service failure, or wrongful acts by third parties.

19. Suspension and termination

Work may be paused or terminated if payment is late, instructions are unlawful, required access is not provided, the client becomes abusive or threatening, the project becomes materially different from the agreed scope, legal risk becomes unacceptable, or continuation would create serious compliance, ethical, or commercial risk.

On termination, the client must pay for work completed, reserved time, third-party costs, non-cancellable commitments, and any agreed termination fees.

20. Electronic records and disputes

Email, WhatsApp, online forms, electronic approvals, digital signatures, scanned signatures, typed names, project management messages, and other electronic records may be used to evidence instructions, acceptance, approvals, change requests, invoices, notices, and agreements where allowed by Kenyan law.

Before filing a formal claim, the parties should first attempt good-faith negotiation for at least fourteen days. If unresolved, the parties may proceed to mediation, arbitration, or courts with competent jurisdiction in Nairobi, Kenya, depending on the contract document and nature of the dispute.

21. Updates and contact

These Terms may be updated from time to time. The latest version will be posted on this page. For existing signed projects, material changes will not override a signed agreement unless the parties agree in writing.

Questions about these Terms should be sent to imranshiundu@gmail.com.