Terms and conditions
Terms of service
These terms are a working draft for CmatrixTech Solutions. Have a lawyer review them before they govern a contract.
Who we are
CmatrixTech Solutions is our practice. In these terms, “we”, “us”, and “the practice” mean CmatrixTech Solutions. “You” means the person or organisation that uses this website or that engages the practice.
The practice covers web development, mobile development, UI/UX design, and cybersecurity. Some work is a focused tool. Some work is a system with separate layers: interface, application, domain, data, and infrastructure.
Contracts and general questions go to daniel@cmatrixtech.com. Legal notices go to legal@cmatrixtech.com. Customer service after handover goes to support@cmatrixtech.com. Security work goes to security@cmatrixtech.com. Privacy questions go to privacy@cmatrixtech.com. You can also call 0714 432 050 or message WhatsApp on 0769 910 242.
What these terms cover
These terms are the conditions for using this website and the starting point for every engagement. They apply until a written scope, for a specific piece of work, says something different.
The contract for a piece of work is the written scope, these terms, and the privacy policy, read together. If the written scope conflicts with these terms, the written scope applies to that engagement. The rest of these terms still apply.
By using the website, or by asking us to begin work, you agree to these terms. If you do not agree, do not use the site and do not send materials for a project.
Using the website
The pages describe the practice. They are not a promise that a particular result, timeline, or price is available. Availability, scope, and fees are confirmed in writing for each engagement.
You may not misuse the site: probe it without permission, attempt to disrupt it, copy it for a competing service, or use it to send unlawful material. The mark, the name CmatrixTech Solutions, and the text on these pages belong to the practice unless a page says otherwise.
Links to Instagram, X, TikTok, Facebook, YouTube, WhatsApp, and email leave this site or open another app. Those services have their own terms.
How a contract is taken
We take a contract in writing. A conversation is not a contract. A page on this website is not a contract. A call, a WhatsApp chat, or an email that only describes an idea does not oblige either side to proceed.
The usual path is this. You contact us at daniel@cmatrixtech.com, by WhatsApp on 0769 910 242, or by phone on 0714 432 050, and you say what you want built, reviewed, or connected. We discuss the work until it is clear enough to write down. We then send a written scope by email. That email is the offer.
The written scope names the deliverables, what is out of scope, the fee, how and when the fee is paid, and the customer-service period. You accept by replying to that email and agreeing to the scope and the fee in plain words. A spoken yes, a reaction on a chat, or silence is not acceptance.
The contract is formed when we receive that written acceptance. Work starts then, or on the later date the scope names. We may decline work, including where the request is unclear, conflicts with other commitments, or asks us to do something unlawful.
A quote is valid for the period written on it. If no period is written, it is valid for 14 days. A quote covers only the scope it describes.
If the work needs to change, we write the change — what is added or removed, and any effect on the fee or the customer-service period — and you accept that writing the same way before we do the changed work. Work outside the accepted scope is not part of the contract until it is accepted in writing.
Customer service
Customer service is the help we give after handover of an accepted engagement. We provide it only for a defined period. The minimum period is one week. The maximum period is twelve months. The written scope states the exact period before you accept.
Where that period falls, between one week and twelve months, depends on the architecture. A focused tool, with one job and a small surface, is supported for a shorter time, from one week upward. A system built in layers — interface, application, domain, data, and infrastructure — is supported for longer, up to twelve months. A deeper architecture is not automatically twelve months. The scope sets the length.
During that period, write to support@cmatrixtech.com. Customer service means help with defects in what we delivered, and reasonable questions about using it as the scope described. It does not include new features, new integrations, third-party outages, or changes you or someone else makes after handover, unless the scope says otherwise.
The period starts on handover, which is the date we tell you the deliverables are ready, unless the scope names another start date. When the period ends, further help is a new engagement and needs its own written scope. We do not keep an open-ended duty to operate, host, or watch your systems.
Your responsibilities
You provide timely access, accurate information, and the decisions the work depends on. A delay in access or in a decision moves the schedule by at least the same amount of time.
You confirm that you have the right to share any material you send — accounts, code, network details, data, and brand assets — and that we may use it for the engagement.
You keep your own copies of what you send us. You are responsible for the lawfulness of the systems and data you ask us to work on. You keep backups before we are given access to a live system.
Intellectual property
You keep ownership of material you provide. We keep ownership of tools, methods, and components we had before the engagement, or that we use across clients, including general know-how.
Unless the written scope says otherwise, when the engagement is paid in full we assign to you the copyright in the deliverables made specifically for you. Pre-existing components stay ours, and you receive a licence to use them as part of those deliverables for the purpose described in the scope.
We may describe the engagement in general terms — the kind of work, not your confidential detail — unless the scope says the work is not to be mentioned.
Confidentiality
Each side keeps the other side’s non-public information private and uses it only for the engagement. This includes source code, network layouts, security findings, business plans, and personal data shared for the work.
This duty does not cover information that is already public through no fault of the receiving side, information the receiving side already held, or information a law, regulator, or court requires to be disclosed. Where the law allows, the disclosing side is told before that disclosure.
Security findings are confidential. They are shared with you so you can fix them. They are not a licence for anyone to attack a system.
Security and network work
Cybersecurity work is done only against systems you own or have written permission to have tested. You confirm that permission in the written scope before work starts. Send that permission, and any finding that needs a private reply, to security@cmatrixtech.com.
Analysis reports risk. It does not guarantee that every weakness will be found, that a system will be impenetrable, or that a network will never fail. You remain responsible for operating your systems after the engagement.
Fees and payment
Fees, expenses, and the payment schedule are those written on the quote. If a tax must be charged by law, the quote will say so. Amounts are in Kenyan shillings unless the quote names another currency.
Invoices are due on the date written on them. If no date is written, they are due within 14 days. If an invoice is overdue we may pause work until it is paid. Pausing does not waive the fee for work already done.
You pay bank charges and mobile-money charges on your side of a transfer.
Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that Kenyan law does not allow to be limited.
Subject to that, our total liability arising from a website visit or an engagement is limited to the fees you paid us for the engagement that gave rise to the claim. If the claim is only about the website and no fees were paid, that cap is ten thousand Kenyan shillings.
We are not liable for lost profits, lost data, or indirect loss, to the extent the law allows that exclusion. You are responsible for backups before we are given access to a system.
Ending an engagement
Either side may end an engagement by written notice to the other. Email to the addresses used for the engagement is valid notice. For us, notice to legal@cmatrixtech.com or daniel@cmatrixtech.com is valid.
You pay for work done up to the end date, including work that cannot be unused, such as a completed analysis. We hand over the deliverables that were paid for and any of your materials we still hold. Customer service runs only for the period already accepted, and it ends early if the engagement ends before handover.
Sections that by their nature should survive — confidentiality, intellectual property, liability, and governing law — continue after the engagement ends.
Governing law
These terms are governed by the laws of the Republic of Kenya. The courts of Kenya have exclusive jurisdiction, except that we may also seek an interim order in another court to protect confidential information or intellectual property.
If a clause is found unenforceable, the rest remain in force. A delay in enforcing a right is not a waiver of that right.
These terms are written in English. Together with an accepted written scope and the privacy policy, they are the agreement for an engagement. They do not create a partnership, employment, or agency. The privacy policy explains how we handle personal data and sits beside these terms.