Terms of Service

These terms are between you and Margsutech, a technology company operating from Nairobi, Kenya. References to “we” and “us” mean Margsutech; “you” means the individual or organisation using the site or portal.

By using this site or the portal you accept these terms. If you are accepting on behalf of an organisation, you confirm you have authority to do so.

Nothing on this website is an offer capable of acceptance. Descriptions of services, indicative timelines, and any figures shown are informational. A binding engagement begins only when both parties sign a scope of work.

Each scope of work sets out deliverables, milestones, fees, payment schedule, and the support terms that apply after launch. Work outside an agreed scope is quoted separately rather than absorbed silently.

We may decline an engagement, including after a discovery call, where it falls outside our competence, presents a conflict of interest, or would require us to build something we consider unsafe or unlawful.

Delivery depends on things only you can provide. You agree to supply content, credentials, access to third-party accounts, and decisions within the timeframes set out in the scope of work. Where delays on your side push a milestone, the timeline moves accordingly.

You confirm that any content, data, or materials you provide are lawful and that you hold the rights to give them to us. Where you give us access to systems containing personal data, you confirm you have the lawful basis to do so.

Fees, currency, and the payment schedule are set out in the scope of work. Unless stated otherwise, invoices are payable within 30 days of issue.

We accept payment by M-Pesa, card through Stripe or Paystack, and bank transfer. Fees charged by the payment provider or by intermediary banks on international transfers are yours to bear, so the amount we receive matches the invoice.

Where an invoice remains unpaid 30 days past its due date we may suspend work and withhold delivery of outstanding work product until it is settled. We will tell you before doing so rather than simply stopping.

Fees are exclusive of VAT and any other applicable tax, which is added where required.

On full payment of all fees due for an engagement, ownership of the work product created specifically for you transfers to you. This includes source code, designs, and documentation produced under the scope of work.

Three things are excluded from that transfer. Pre-existing tools, libraries, and components we owned before the engagement remain ours, and you receive a perpetual, non-exclusive licence to use them as part of the delivered work. Third-party open source components remain governed by their own licences. General knowledge, techniques, and experience gained during the work remain ours to apply elsewhere.

We do not retain access to your systems after handover unless a support agreement provides for it, and we do not build dependencies on ourselves into delivered work.

Unless you ask us not to, we may describe the engagement in general terms and display it as part of our portfolio. We will not disclose confidential details, and we will ask before using your name or logo.

Each party agrees to keep the other's confidential information confidential, to use it only for the purpose of the engagement, and to protect it with at least the care it applies to its own confidential information.

This does not apply to information that is already public, was already known without obligation of confidence, or is required to be disclosed by law. Where disclosure is legally required we will tell you unless prohibited from doing so.

Subcontractors engaged on your project are bound by equivalent confidentiality obligations before they are given any access.

We warrant that work will be performed with reasonable skill and care, in accordance with the scope of work, and by people competent to do it.

We do not warrant that software will be free of all defects. No non-trivial software is. Where a defect in our work is reported within 60 days of delivery, we will correct it at no charge.

We do not warrant that a system will be immune from security incidents. Security reduces risk; it does not eliminate it. We describe our practices on our security page and apply them, but any claim that a system cannot be compromised would be untrue and we will not make it.

We are not responsible for third-party services your system depends on, including payment providers, hosting, and APIs, beyond integrating them competently.

Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, our total liability arising from an engagement is limited to the total fees paid by you under that engagement in the 12 months before the claim arose.

Neither party is liable to the other for loss of profit, loss of business, or indirect or consequential loss, whether or not it was foreseeable.

Access to the client portal is granted per account. You are responsible for keeping your credentials secure and for activity under your account. Tell us immediately at security@margsutech.com if you believe an account has been compromised.

You must not attempt to access data belonging to another organisation, probe or test the security of the system without written permission, or use the portal to store unlawful content.

We may suspend an account that is being used in breach of these terms, and will tell you why.

If you find a security vulnerability in a system we built or operate, report it to security@margsutech.com. We will respond within 24 hours.

We will not pursue legal action against researchers acting in good faith who report a vulnerability privately, avoid accessing or modifying data beyond what is needed to demonstrate it, and give us reasonable time to fix it before disclosing publicly.

Either party may terminate an engagement on 30 days written notice, or immediately if the other commits a material breach and fails to remedy it within 14 days of being notified.

On termination you pay for work completed and costs reasonably committed up to that date. We hand over work product for which payment has been made, together with documentation sufficient for another engineer to continue.

These terms are governed by the laws of Kenya, and the courts of Kenya have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief in any competent court to protect confidential information or intellectual property.

Before commencing proceedings, both parties agree to attempt in good faith to resolve the dispute through discussion.

We may update these terms. The date at the top shows when they last changed. Material changes affecting an active engagement will be notified to you directly, and the terms in force when your scope of work was signed continue to govern that engagement.