Terms of Service

Acceptance of Terms

By requesting a quote, signing a project proposal, or making any payment to Zayara Labs, you (“the Client”) agree to be bound by these Terms of Service. These terms form a legally binding agreement between you and Zayara Labs (“we”, “us”, “our”), a software development studio based in Nairobi, Kenya.

If you do not agree with any part of these terms, please do not proceed with our services.

Services

Zayara Labs provides the following categories of services:

• Website design and development (brochure sites, landing pages, e-commerce)
• Mobile application development (Android and iOS)
• SACCO and banking system development
• Health and hospital management systems
• Point-of-sale (POS) system development
• School management system development
• Third-party API integrations including M-Pesa Daraja API
• Website maintenance, SEO, and digital marketing retainers

The specific scope of work, deliverables, timeline, and fees for any engagement are defined in a written project proposal or quotation issued by Zayara Labs and accepted by the Client.

Quotations & Proposals

All quotations and project proposals issued by Zayara Labs are:

• Valid for 14 calendar days from the date of issue, unless otherwise stated.
• Based on the information provided by the Client at the time of briefing. Material changes to scope after acceptance may require a revised quotation.
• Exclusive of any government levies, taxes, or third-party costs (such as domain registration, hosting subscriptions, or SMS gateway fees) unless explicitly included.

A quotation becomes a binding engagement only upon the Client’s written acceptance (email or WhatsApp confirmation is accepted) and receipt of the agreed deposit payment.

Payment Terms

Standard payment schedule

• 50% deposit is due before work commences. Work will not begin until this deposit is received.
• 50% balance is due upon completion and before final files or live site access are handed over to the Client.
• For larger projects, milestone-based payment schedules may be agreed in writing at the outset.

Accepted payment methods

• M-Pesa (Paybill or Send Money)
• Bank transfer (Kenya Shillings)
• Cash (Nairobi office or agreed meeting point)

Late payments

If the final balance is not settled within 7 days of project completion, Zayara Labs reserves the right to take the completed website or application offline, withhold source code, or charge a late-payment fee of 5% per month on the outstanding balance.

Refunds

The initial deposit is non-refundable once work has commenced, as it compensates for time and resources already allocated. If Zayara Labs is unable to complete the project due to our own default, a fair refund proportional to work not yet completed will be issued.

Project Delivery

Delivery timelines are stated in the project proposal and begin from the date of deposit receipt and receipt of all required Client materials (content, images, logo, credentials, etc.).

• Standard website projects are targeted for delivery within 7 working days from the start date.
• Complex systems (SACCO, health, POS, school management) will have custom timelines specified in the SOW.
• Delays caused by the Client withholding required materials, feedback, or approvals will extend the delivery timeline accordingly. Zayara Labs accepts no liability for such delays.
• Zayara Labs will communicate proactively if any unforeseen circumstance on our side is likely to affect the agreed delivery date.

Client Responsibilities

To enable Zayara Labs to deliver your project on time and to specification, the Client agrees to:

• Provide all required content (text, images, logos, brand guidelines) within 3 working days of project commencement, or as otherwise agreed.
• Provide timely and consolidated feedback at each review stage — typically within 2 working days of receiving a draft or preview.
• Ensure that all content and materials supplied are owned by the Client, or that the Client has the right to use them, and that they do not infringe any third-party rights.
• Provide accurate business information (name, address, contacts, M-Pesa details) required for the website.
• Designate a single point of contact responsible for approvals to avoid conflicting feedback.

Zayara Labs will not be held liable for errors or omissions resulting from inaccurate information supplied by the Client.

Revisions & Changes

Each package includes a defined number of revision rounds as stated in the project proposal (typically two rounds of revisions for design and one for content).

• A revision is a reasonable refinement within the agreed scope — for example, adjusting colours, moving elements, or correcting copy.
• A change of scope is a request that materially alters the agreed deliverables — for example, adding new pages, new features, or a complete redesign. These will be quoted separately.
• Additional revision rounds beyond those included in the package are charged at KES 3,000 per round.

Post-launch changes are handled under a maintenance retainer or quoted individually.

Intellectual Property

Upon full payment

Once the Client has paid the full project fee, ownership of all custom design assets and code created specifically for the Client’s project transfers to the Client.

Retained by Zayara Labs

• Zayara Labs retains the right to display the completed work in our portfolio and marketing materials, unless the Client requests confidentiality in writing.
• Any proprietary frameworks, libraries, or tools developed by Zayara Labs and used in the project remain the intellectual property of Zayara Labs. The Client receives a perpetual, royalty-free licence to use them within the delivered project.
• Third-party open-source software included in the project remains subject to its original licence terms.

Client’s content

The Client retains full ownership of all content, trademarks, logos, and materials they supply. The Client grants Zayara Labs a licence to use these materials solely for the purpose of completing the project.

Confidentiality

Both parties agree to keep confidential any non-public business information shared during the project, including but not limited to pricing, system credentials, business strategies, and client data.

Zayara Labs will never share your credentials (hosting logins, M-Pesa API keys, database passwords) with any unauthorised third party. All credentials are stored securely and purged from our systems upon project handover unless retained under an active maintenance agreement.

Warranties & Liability

What we warrant

• All deliverables will substantially conform to the agreed specification at the time of handover.
• We will use reasonable care and skill in performing all services.
• Websites will be tested for functionality across commonly used browsers and screen sizes before delivery.

Limitation of liability

Zayara Labs’ total liability to the Client for any claim arising out of or in connection with a project shall not exceed the total fees paid by the Client for that specific project.

Zayara Labs accepts no liability for:

• Loss of profits, business, data, or goodwill arising from use of (or inability to use) a delivered system.
• Third-party service failures including hosting downtime, M-Pesa API outages, or DNS propagation delays.
• Changes in search engine ranking after delivery.
• Security breaches resulting from the Client’s failure to update software, use strong passwords, or follow our post-launch recommendations.

Termination

Either party may terminate a project engagement with 7 days’ written notice.

• Termination by Client: The Client forfeits the deposit for work already completed. If work completed exceeds the deposit value, the Client must pay for work done to date at our standard day rate.
• Termination by Zayara Labs: In cases of non-payment, abusive conduct, or a request to produce illegal or unethical content, Zayara Labs may terminate immediately. Any deposit paid for work not yet started will be refunded.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising from these terms shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be referred to mediation or arbitration in Nairobi, Kenya, before any court proceedings are initiated.

Contact Us

For questions about these Terms of Service, or to discuss any aspect of a project engagement, please reach out:

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