Terms

Terms of use

This website is operated by MambaTech Services. By using www.mamba-tech.co.ke you accept these terms. If you do not accept them, please do not use the site.

We may change these terms. The review date shown in the margin is when they were last changed, and the version published at the time you use the site is the version that applies.

No advice by website

The content of this site is general information about what we do. It is not technical, security, legal, tax or financial advice, and it is not a recommendation for your circumstances. Do not act on it without speaking to someone who knows your situation, which you are welcome to do by contacting us.

Nothing on this site is an offer capable of acceptance, and submitting the enquiry form does not create a contract or a client relationship. A relationship begins when an engagement letter is signed by both sides.

Descriptions of what our systems do describe how they are built. They are not a guarantee of a particular commercial outcome in your business, because that depends on facts about your business we cannot see from here.

Intellectual property

The text, layout, design system and code of this site belong to MambaTech Services, except where stated below. You may read it, print it and quote short extracts with attribution. You may not republish it as your own, or use it to train a model without our written permission.

The typefaces used here, Newsreader and Hanken Grotesk, are third-party works used under the SIL Open Font License 1.1. The licence text is published alongside the font files at /fonts/OFL.txt. All illustration on this site, including the mark and the icon set, is drawn as vector artwork for this project. No stock photography, licensed imagery or third-party illustration is used anywhere on the site.

Acceptable use

You agree not to:

• use the site or the enquiry form for anything unlawful;
• submit anyone else's personal data through the form without their knowledge;
• attempt to gain unauthorised access to the site, its server or its data;
• send automated submissions, or attempt to overwhelm the service; or
• scrape the site at a rate that degrades it for other people.

Unauthorised access to a computer system is an offence under the Computer Misuse and Cybercrimes Act, 2018. We log and rate limit form submissions, and we will report serious attempts.

Availability

We try to keep the site available, but we do not promise it will be uninterrupted or error free. We may change, suspend or withdraw any part of it without notice. This paragraph is about the website only; availability commitments for services we operate for you are in your engagement letter.

Liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded.

Subject to that, we are not liable for loss arising from your use of this website, including lost profit, lost business, lost data or wasted expenditure. Liability arising from work we are engaged to perform is dealt with in the engagement letter for that work, not here.

Terms of engagement

The rest of this page summarises how we contract. It is written so there are no surprises in the paperwork. It is a summary: the engagement letter and any schedules signed with it are the operative documents, and if this page and an engagement letter conflict, the engagement letter governs.

What you own

Source code, automation logic, configuration, domain records and credentials created or configured for you in an engagement are registered to your organisation and belong to you from the outset. We keep no proprietary runtime that your systems depend on, and there is no fee for leaving.

We retain ownership of our own pre-existing tools, libraries and methods, and grant you a perpetual licence to keep using anything of ours that is embedded in what we deliver.

Fees and invoicing

• Implementation sprints are a fixed price against a fixed, written scope.
• Retainers are billed monthly, sized to seat count, and reviewed quarterly.
• Advisory is billed monthly against an agreed number of sessions.
• Work outside an agreed scope is quoted and approved in writing before it starts. We do not raise unapproved change fees.
• We take no commission, rebate or referral fee from any software or hardware vendor. Where a product is right for you, you buy it directly, on your own terms, at your own negotiated price.

Invoices are payable within the period stated on them. Value Added Tax is charged where applicable.

Warranty

We correct defects in delivered work at no charge for the period stated in the engagement letter. A defect means the work does not do what the agreed acceptance test says it should. It does not cover a change to what was agreed, a fault in third-party software, or a failure caused by changes made to the system by someone else.

Termination

Retainers may be ended by either side on 30 days written notice. Fixed-scope work may be ended by either side in the circumstances set out in the engagement letter.

On termination we hand over documentation, credentials and work in progress. We do not withhold access or data pending payment of a disputed invoice. Amounts properly due for work already performed remain payable.

Confidentiality obligations, and the data handling arrangements described in our privacy notice and any data processing agreement, continue after termination.

Governing law and disputes

These terms and any engagement are governed by the laws of Kenya, and the courts of Kenya have jurisdiction. We will attempt to resolve any dispute by discussion first, and we are willing to mediate before either side commences proceedings.

Questions about anything on this page: mambatech@zohomail.com.