Terms of Service

1. Acceptance of Terms

By accessing spectlance.com or any of our sub-domains, or by signing a service agreement or purchase order with Spectlance Digital Ltd, you confirm that you have read, understood, and agree to these Terms of Service and our Privacy Policy.

If you are entering into these terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these terms.

2. Our Services

Spectlance Digital Ltd provides custom software development and technology services including but not limited to:

• Custom web and mobile application development
• Payment gateway integrations (Mpesa, credit cards, Pesapal, etc.)
• Bulk SMS platform development and management
• USSD application development
• System integrations and API development
• UI/UX design and graphics design
• Software maintenance and support

The specific scope, timeline, deliverables and fees for each engagement are defined in individual service agreements, proposals or purchase orders between Spectlance and the client.

3. Use of Website

You agree to use this website only for lawful purposes. You must not:

• Use the website in any way that violates applicable local, national or international laws.
• Attempt to gain unauthorised access to any part of the website or its underlying systems.
• Transmit any unsolicited advertising or promotional material (spam).
• Knowingly transmit any malware, viruses or other malicious code.
• Reproduce, duplicate, copy or resell any part of this website without our express written consent.
• Scrape, crawl or use automated tools to harvest content from this website.

4. Client Accounts & Projects

Where we provide client access to project management tools, staging environments or deployed applications, you are responsible for:

• Maintaining the confidentiality of login credentials provided to you.
• All activities that occur under your account.
• Notifying us immediately of any unauthorised use or security breach.

You agree to provide accurate, complete and up-to-date information during the engagement and to communicate in good faith throughout the project lifecycle.

5. Intellectual Property

Our IP

The content on this website — including text, graphics, logos, icons, images, code and design — is the property of Spectlance Digital Ltd and is protected by applicable intellectual property laws. You may not reproduce or redistribute it without our prior written permission.

Client project IP

Unless otherwise specified in a written service agreement, upon full payment of all invoices for a custom development project, the deliverables (the bespoke code and assets created specifically for you) will be assigned to the client.

Spectlance retains ownership of any pre-existing tools, libraries, frameworks, templates, or general-purpose components used in the development of the project ("Background IP"), and grants the client a perpetual, non-exclusive licence to use them as part of the delivered solution.

We reserve the right to display the work in our portfolio and marketing materials unless agreed otherwise in writing.

6. Payment & Fees

• Payment terms are specified in each project proposal or service agreement.
• Where not otherwise specified, a 50% deposit is required before project commencement and the balance upon delivery.
• All prices are in Kenyan Shillings (KES) unless otherwise stated.
• Invoices not paid within the agreed period may attract a late payment fee of 2% per month on the outstanding balance.
• We reserve the right to suspend work on a project where payments are significantly overdue.
• Taxes (including VAT where applicable) are the responsibility of the client unless expressly included in the quoted price.

7. Warranties

Spectlance warrants that services will be performed with reasonable care, skill and diligence by qualified professionals.

We provide a free defect-correction warranty period as specified in each project agreement (typically 30–90 days post-delivery), during which we will fix bugs attributable to errors in our work at no additional charge.

Except as expressly stated, our website and services are provided "as is" without warranty of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

8. Limitation of Liability

To the fullest extent permitted by law, Spectlance Digital Ltd shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, data, goodwill or business opportunities.

Our total aggregate liability to you in respect of any claim arising out of or related to these terms or your use of our services shall not exceed the total fees paid by you to Spectlance in the three (3) months preceding the event giving rise to the claim.

Nothing in these terms shall exclude or limit liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

9. Indemnification

You agree to indemnify, defend and hold harmless Spectlance Digital Ltd, its directors, employees and agents from any claims, liabilities, damages or expenses (including legal fees) arising out of: (a) your use of the website or our services; (b) your violation of these terms; or (c) your infringement of any third-party rights.

10. Confidentiality

Both parties acknowledge that during the course of an engagement they may have access to confidential information. Each party agrees to: (a) keep such information strictly confidential; (b) not disclose it to any third party without the other party's prior written consent; and (c) use it solely for the purposes of the engagement.

This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

11. Termination

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

• Either party may terminate with 30 days' written notice.
• Spectlance may terminate immediately if you breach these terms or engage in conduct we reasonably consider harmful or unethical.
• Upon termination, you remain liable for all fees incurred for work completed to the date of termination.
• Clauses relating to IP, confidentiality, liability and dispute resolution survive termination.

12. Dispute Resolution

In the event of a dispute, the parties agree to first attempt to resolve it through good-faith negotiation within 30 days of written notice of the dispute.

If the dispute is not resolved through negotiation, it shall be referred to mediation before proceeding to formal legal proceedings. The parties agree to share mediation costs equally.

13. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Kenya. Any legal proceedings shall be subject to the exclusive jurisdiction of the courts of Kenya.

14. Changes to These Terms

We reserve the right to update these terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of our website or services after any changes constitutes acceptance of the revised terms.

15. Contact Us

For any questions regarding these Terms of Service, please contact: