Terms of Service | BriTech Prime

1. Agreement to Terms

By accessing and using BriTech Prime's services, website, or engaging with us for web and app development projects, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and BriTech Prime ("we," "us," or "our").

Important Notice:

If you do not agree to all of these Terms, you must not use our services or website. Your continued use of our services constitutes acceptance of any modifications to these Terms.

These Terms apply to all services including but not limited to:

Web development and design services
Mobile application development
E-commerce solutions
Custom software development
UI/UX design services
Cloud solutions and hosting
Consulting and technical support

2. Service Descriptions and Scope

BriTech Prime provides professional web and mobile application development services to businesses and individuals in Kenya and internationally. Our services are customized based on specific project requirements outlined in individual project agreements.

Our Service Categories:

Development Services: Custom web applications, mobile apps, e-commerce platforms, and software solutions built to your specifications.

Design Services: User interface design, user experience optimization, branding, and visual design elements.

Technical Services: Cloud deployment, hosting setup, API integration, database design, and system architecture.

Ongoing Support: Maintenance, updates, bug fixes, and technical support for completed projects.

Each project begins with a detailed consultation to understand your requirements. We provide:

Free initial consultation and project assessment
Detailed project proposals with timelines and costs
Regular progress updates and milestone reviews
Post-launch support and maintenance options

3. Project Process and Deliverables

Our standard project workflow ensures clear communication and successful delivery:

Phase	Duration	Deliverables	Client Requirements
Discovery	1-2 weeks	Project scope, wireframes, technical specifications	Requirements gathering, content provision
Design	2-3 weeks	UI/UX designs, mockups, prototypes	Feedback and approval on designs
Development	4-8 weeks	Functional application, testing, documentation	Regular review and feedback
Launch	1 week	Live deployment, training, support setup	Final approval and go-live confirmation

Timelines may vary based on project complexity, client responsiveness, and scope changes. We provide regular updates and maintain transparent communication throughout the process.

4. Payment Terms and Pricing

Our pricing is transparent and based on project scope, complexity, and timeline. All costs are outlined in the project proposal before work begins.

Payment Structure:

Project Deposit: 50% of total project cost due upon contract signing

Milestone Payments: Progress-based payments as outlined in project agreement

Final Payment: Remaining balance due before final delivery and launch

Monthly Retainer: For ongoing maintenance and support services

Payment terms and accepted methods:

Payment due within 7 days of invoice receipt
Accepted methods: Bank transfer, M-Pesa, credit/debit cards
Late payment fee of 2% per month on overdue amounts
Work suspension after 14 days of overdue payment
All prices quoted in Kenyan Shillings (KSH) unless otherwise specified

Additional Costs:

Hosting, domain registration, third-party services, and premium plugins/extensions are charged separately. All additional costs are discussed and approved before implementation.

5. Client Responsibilities and Obligations

Successful project delivery requires active client participation and timely provision of necessary materials:

Content and Materials: Provide all text, images, videos, and other content in agreed formats and timelines
Feedback and Approvals: Review deliverables and provide feedback within agreed timeframes (typically 48-72 hours)
Access Credentials: Provide necessary access to hosting, domains, existing systems, and third-party services
Decision Making: Make timely decisions on design, functionality, and project direction
Testing and Acceptance: Thoroughly test delivered work and communicate any issues promptly
Communication: Maintain regular communication and respond to requests within reasonable timeframes

Delays in client deliverables or feedback may result in project timeline adjustments and potential additional costs.

6. Intellectual Property Rights

Your Content and Materials:

You retain full ownership of all content, materials, and intellectual property you provide. You grant us a license to use these materials solely for the purpose of delivering your project.

Custom Development Work:

Upon full payment, you receive ownership of all custom code, designs, and deliverables created specifically for your project, excluding any third-party components or our proprietary tools and frameworks.

Intellectual property considerations:

Third-Party Components: Open-source libraries, frameworks, and plugins retain their original licenses
BriTech Prime Tools: Our proprietary development tools, templates, and methodologies remain our property
Portfolio Rights: We may showcase completed projects in our portfolio unless confidentiality is specifically requested
Code Attribution: We may include attribution comments in code for maintenance purposes

7. Warranties and Disclaimers

We stand behind the quality of our work and provide specific warranties for our services:

Our Warranties:

Bug-Free Delivery: 90-day warranty on all custom development work against programming defects

Performance Standards: Code meets agreed performance and functionality requirements

Best Practices: Development follows industry standards and best practices

Security Standards: Basic security measures implemented according to current standards

Limitations and Disclaimers:

We do not warrant that our services will be uninterrupted, error-free, or completely secure. Internet-based applications are subject to various risks including server downtime, security vulnerabilities, and third-party service interruptions.

We are not responsible for data loss, security breaches, or damages resulting from client modifications to delivered work, third-party services, or events beyond our reasonable control.

8. Limitation of Liability

To the maximum extent permitted by law, BriTech Prime's liability is limited as follows:

Maximum Liability: Our total liability for any claim shall not exceed the total amount paid by you for the specific services giving rise to the claim
Consequential Damages: We shall not be liable for indirect, incidental, special, consequential, or punitive damages
Business Losses: We are not liable for loss of profits, revenue, data, or business opportunities
Third-Party Services: We are not responsible for failures or issues with third-party services, hosting providers, or external integrations

This limitation applies regardless of the legal theory under which damages are sought, whether in contract, tort, or otherwise.

9. Termination and Cancellation

Either party may terminate the agreement under certain circumstances:

Client Termination Rights:

You may terminate the project at any time with written notice. You will be charged for all work completed to the termination date, plus any non-refundable third-party costs incurred.

BriTech Prime Termination Rights:

We may terminate the agreement for non-payment, failure to provide necessary materials, or breach of terms. We will provide 7 days written notice before termination.

Upon termination:

All completed work will be delivered to you
Final invoices will be issued for work completed
Source files and access credentials will be transferred after final payment
Confidentiality obligations continue indefinitely

10. Support and Maintenance

We offer various levels of ongoing support for completed projects:

Support Level	Included Services	Response Time	Monthly Cost
Basic	Bug fixes, security updates, backup monitoring	48 hours	KSH 35,000 - 55,000
Standard	Above + content updates, performance optimization	24 hours	KSH 75,000 - 100,000
Premium	Above + priority support, regular improvements	4 hours	KSH 150,000+

All projects include 30 days of basic support after launch. Extended support agreements are recommended for business-critical applications.

11. Confidentiality and Non-Disclosure

We respect the confidential nature of your business information and maintain strict confidentiality standards:

Confidential Information: All business plans, strategies, customer data, proprietary processes, and sensitive information shared with us
Protection Measures: Secure storage, limited access, encrypted communication, and secure development practices
Team Access: Only team members directly working on your project have access to confidential information
Indefinite Duration: Confidentiality obligations continue indefinitely, even after project completion

We will not disclose your confidential information to third parties without your explicit written consent, except as required by law or court order.

12. Dispute Resolution and Governing Law

We prefer to resolve disputes through direct communication and mutual agreement. However, formal dispute resolution procedures are outlined below:

Dispute Resolution Process:

Step 1: Direct negotiation between parties for 30 days

Step 2: Mediation with a neutral third party if negotiation fails

Step 3: Arbitration under Kenyan law if mediation is unsuccessful

Governing Law: These Terms are governed by the laws of the Republic of Kenya
Jurisdiction: Courts of Nairobi, Kenya have exclusive jurisdiction
Language: All proceedings shall be conducted in English
Costs: Each party bears their own legal costs unless otherwise ordered

13. Changes to Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices:

Notification: We will notify you of material changes via email and website notice
Effective Date: Changes become effective 30 days after notification
Ongoing Projects: Existing project agreements continue under original terms unless mutually agreed otherwise
Acceptance: Continued use of services constitutes acceptance of updated Terms

If you do not agree to updated Terms, you may terminate the agreement as outlined in Section 9.