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Terms of Service

Last updated: March 2026

1. Agreement

These Terms of Service govern your use of the website and services provided by The Baobab Collective Ltd. ("we," "us," "our"), a company registered in Kenya. By accessing our website or engaging our services, you agree to these terms.

2. Services

We provide web design and development, desktop application development, brand identity design, and digital marketing services. The specific scope, deliverables, timeline, and pricing for each project are outlined in a separate project proposal or statement of work agreed upon before work begins.

3. Software Products

We also develop and sell commercial software products including ChatXport and PesaLens. Each product has its own End User Licence Agreement (EULA) that governs its use. Software licence keys are delivered via Gumroad and are subject to Gumroad's terms of service.

4. Payments

For client projects, payment terms are outlined in the project proposal. Typical terms include a deposit before work begins and the balance upon completion. For software products, payments are processed through Gumroad. All prices are quoted in the currency specified at the time of quotation (KES for local clients, USD for international).

5. Intellectual Property

Upon full payment, you own the final deliverables we create for you (website code, design files, brand assets). We retain the right to showcase completed work in our portfolio unless otherwise agreed in writing. Third-party assets (stock photos, fonts, plugins) are subject to their own licences.

6. Revisions

Each project includes a specified number of revision rounds as outlined in the proposal. Additional revisions beyond the agreed scope may incur extra charges, which will be communicated and approved before work proceeds.

7. Confidentiality

We treat all client information, business data, and project details as confidential. We will not share your information with third parties without your consent, except where required by law.

8. Limitation of Liability

We build software and websites to the best of our ability, but we cannot guarantee that all products will be free of errors at all times. Our total liability for any claim arising from our services is limited to the amount you paid for the specific service in question. We are not liable for any indirect, incidental, or consequential damages.

9. Termination

Either party may terminate a project with written notice. If you terminate a project, payment is due for all work completed up to the termination date. We reserve the right to terminate a project if payment terms are not met.

10. Governing Law

These terms are governed by the laws of the Republic of Kenya. Any disputes will be resolved through arbitration in Nairobi, Kenya.

11. Changes

We may update these terms from time to time. Changes will be posted on this page with an updated date. Continued use of our services constitutes acceptance of the updated terms.

12. Contact

If you have questions about these terms, contact us at hello@baobabcollective.com.