Terms of Service

1. About Kaara Works

Kaara Works is a trading name of Hunja Capital Limited, a company registered in Kenya and based in Nanyuki, Laikipia County. We provide consulting services, custom software development, and AI automation solutions to businesses.

These Terms of Service govern the relationship between Kaara Works and any client or prospective client who engages our services or uses this website. By engaging our services or using this website, you accept these terms in full.

2. Scope of Services

Kaara Works offers the following categories of services:

The specific deliverables, timeline, and price for any engagement are defined in a separate written contract or statement of work agreed between the parties. These terms apply in addition to any such contract and, in the event of a conflict, the specific contract shall take precedence.

3. Intellectual Property

All intellectual property rights in deliverables created by Kaara Works are initially owned by Hunja Capital Limited. Upon receipt of full payment for an engagement, we assign to the client all rights, title, and interest in the custom deliverables produced under that engagement, including source code, design assets, and documentation.

The assignment does not extend to:

• —Pre-existing intellectual property owned by Kaara Works (including internal tools, libraries, frameworks, and methodologies) that may be incorporated into deliverables. A non-exclusive licence to use such components within the delivered work is granted upon full payment.
• —Third-party software, libraries, or services included in the deliverables, which remain subject to their own licences.
• —Any work for which payment has not been received in full.

Until full payment is received, the client is granted a limited licence to use the deliverables solely for internal evaluation purposes.

4. Payment Terms

Payment terms are set out in the individual contract or statement of work for each engagement. Typical arrangements include upfront deposits, milestone-based payments, or monthly retainer arrangements, as agreed in writing.

Unless otherwise stated in the contract:

• —Invoices are due within 14 days of the invoice date.
• —Late payments may incur interest at a rate of 1.5% per month on the outstanding balance.
• —We reserve the right to pause work on an engagement if payment is overdue by more than 14 days.
• —Kaara Works is not registered for VAT. Invoices will not include VAT unless required by applicable law.

5. Client Responsibilities

Successful delivery depends on reasonable cooperation from the client. You agree to:

• —Provide timely access to the information, systems, and stakeholders necessary for the work.
• —Review and provide feedback on deliverables within the timeframes agreed in the contract.
• —Ensure that any materials, data, or content you provide do not infringe third-party rights.
• —Obtain any third-party licences, consents, or permissions required for the project.

Delays caused by the client may affect timelines and could result in additional charges where additional work is required as a result.

6. Confidentiality

Both parties agree to keep confidential any non-public information shared in connection with an engagement, including business strategies, technical systems, financial data, and client details. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

Kaara Works may, with your permission, reference your company as a client and describe the type of work completed for portfolio or marketing purposes. We will not share confidential technical or commercial details without explicit written approval.

7. Warranties and Representations

Kaara Works warrants that services will be performed with reasonable skill and care in accordance with industry standards. We will address defects in deliverables that are reported within the warranty period specified in the contract (typically 30 days from delivery).

Beyond this, all services and deliverables are provided "as is" to the extent permitted by applicable law. We do not warrant that software will be error-free or uninterrupted, or that it will meet every requirement not explicitly agreed in the contract.

8. Limitation of Liability

To the fullest extent permitted by Kenyan law, Hunja Capital Limited's total liability to you in connection with any engagement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by you to Kaara Works under the specific contract giving rise to the claim.

In no event shall Kaara Works be liable for:

• —Indirect, incidental, or consequential losses.
• —Loss of profits, revenue, goodwill, or anticipated savings.
• —Data loss or corruption not directly caused by our negligence.
• —Any loss arising from your use of third-party services, integrations, or platforms.
• —Any loss arising from circumstances beyond our reasonable control (force majeure).

Nothing in these terms limits liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

9. Termination

Either party may terminate an engagement by providing written notice as specified in the relevant contract. In the absence of a specific provision:

• —Either party may terminate with 14 days' written notice.
• —The client remains liable for payment of all work completed up to the termination date.
• —Any deposit paid for work not yet started will be refunded on a pro-rata basis unless the termination is due to the client's material breach.

We reserve the right to terminate immediately if payment obligations are materially breached or if the client engages in conduct that is unlawful or harmful.

10. Website Use

This website is provided for informational purposes. You may use it for lawful purposes only. You may not attempt to gain unauthorised access to any part of the website or its underlying systems, introduce malicious code, or use the site to transmit unsolicited commercial communications.

We reserve the right to modify, suspend, or discontinue any part of this website at any time without notice.

11. Governing Law and Disputes

These terms and any dispute or claim arising in connection with them or our services shall be governed by and construed in accordance with the laws of Kenya.

The parties agree to attempt to resolve any dispute informally in good faith before resorting to formal proceedings. If informal resolution is not achieved, disputes shall be subject to the exclusive jurisdiction of the courts of Kenya.

12. Changes to These Terms

We may update these terms from time to time to reflect changes in our services or applicable law. Material changes will be indicated by an updated effective date at the top of this page. Continued use of our services after any change constitutes acceptance of the updated terms.

13. Contact

For any questions about these terms, or to discuss a specific engagement, please reach out to: