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Terms of Service

Last updated: August 2025

These Terms of Service govern your use of the deanka technologies website and any software development or consulting services we provide. By engaging our services, you agree to these terms.

1. Acceptance of Terms

By accessing or using the website of deanka technologies (deankalabs.com) or engaging our software development and consulting services, you confirm that you have read, understood and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use our services.

2. Scope of Services

deanka Technologies provides precision software engineering, technical consulting, MVP architecture, legacy modernization and digital transformation services. Our offerings include but are not limited to:

  • Custom web and mobile application development
  • Legacy system analysis, planning and modernization
  • MVP scoping, architecture and rapid delivery
  • Technical consulting and engineering leadership
  • Code reviews, system audits and performance optimization

Specific project deliverables, timelines and payment structures are defined in individual Statements of Work (SOW) or Master Service Agreements (MSA) executed with each client.

3. Intellectual Property Rights

Unless otherwise agreed in a written agreement, all custom code, assets and deliverables developed specifically for a client transfer to the client's ownership upon receipt of full payment.

Client Ownership

Custom code and deliverables become yours upon full payment.

deanka technologies Ownership

Pre-existing tools, libraries and proprietary frameworks remain ours.

deanka technologies reserves the right to reference the project as part of our portfolio unless a written confidentiality agreement restricts this.

4. Payment & Billing

  • Payment terms are specified in the SOW or project proposal accepted by both parties.
  • A deposit (typically 30–50%) is required before project commencement.
  • Milestone-based or monthly retainer billing may apply depending on project scope.
  • Invoices are due within 14 days of issuance unless otherwise agreed.
  • Late payments may incur a 1.5% monthly interest charge after the due date.
  • All fees are exclusive of applicable taxes, which are the client's responsibility.

5. Confidentiality & Non-Disclosure

We treat all client data, intellectual concepts, proprietary technical requirements and business strategies with strict confidentiality. This obligation survives the termination of the engagement. Where required, we are prepared to sign a mutual Non-Disclosure Agreement (NDA) prior to any substantive technical discussions.

6. Limitation of Liability

To the maximum extent permitted by applicable law, deanka technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from:

  • Use of or inability to use our services or deliverables
  • Third-party infrastructure failures (hosting, DNS, cloud providers)
  • Unauthorized access to or alteration of client data
  • Any other matter relating to our services

Our total aggregate liability shall not exceed the total fees paid by the client in the 3 months preceding the claim.

7. Warranty Disclaimer

Services and deliverables are provided "as is" and "as available" without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. deanka technologies does not warrant that deliverables will be error-free or meet every specific business requirement not defined in the SOW. Post-launch bug fixes and support are subject to a separate maintenance agreement.

8. Termination

Either party may terminate an engagement with 14 days' written notice. Upon termination, the client is responsible for payment of all work completed to the termination date. deanka technologies will deliver all completed work product to the client. Sections relating to intellectual property, confidentiality, liability and governing law survive termination.

9. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to conflict of law principles. Any dispute arising from these Terms or the services provided shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in Nairobi, Kenya.

10. Contact Information

For legal inquiries, questions regarding these terms, or to request a project-specific MSA or NDA, please contact us:

Also see our Privacy Policy.

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