Terms of Service

1. Agreement

By using the websites and services operated by Ndakita (“we,” “us,” or “our”), including ndakita.com and build.ndakita.com, you agree to these terms. If you do not agree, please do not use them. Where you have signed a separate service agreement with us, that agreement governs and these terms fill the gaps.

2. What we do

Ndakita is a Kenyan software business. Our work runs through:

• Ndakita Digital, our software wing: ERP selection and implementation, web and mobile development, business automation and software engineering.
• Ndakita Build, a managed construction ERP for Kenyan construction businesses, and a product of Ndakita Digital. Section 4 covers it.
• GiveHaven,a platform that connects verified children's homes with donors. It has its own terms.
• Our mobile apps on Google Play: Serenity House, Sub Scout and Pure Haven Organics. Your use of them is also subject to Google Play's terms.

3. Use of our services

You agree to use our services lawfully, and not to:

• Use them in any way that breaks applicable law
• Try to gain unauthorised access to any part of our services or systems
• Interfere with or disrupt their integrity or performance
• Transmit harmful, offensive or unlawful content
• Use automated systems to scrape or extract data from them without our consent

4. Ndakita Build subscriptions

Ndakita Build is sold as a single managed plan. We host it, configure it around your projects and train your team.

• Price. KES 50,000 per month, which covers up to five active projects, plus KES 6,000 per month for each active project beyond five. Projects are the only thing we count: users and sites are unlimited and are not charged for.
• What counts as an active project. A project whose status in your workspace is Open. Closing or completing a project takes it out of the count from the next time we measure. There is no limit on how many you may create, and archived and completed projects are free.
• Setup and onboarding. A one-time fee, quoted for your business before you commit, and separate from the monthly price.
• Billing. We invoice monthly. The KES 50,000 base covers the month ahead. Any charge for projects beyond the first five is based on how many were active during the month just ended, measured automatically from your workspace, so it appears on the following invoice. Any taxes that apply are shown on the invoice.
• Cancelling. You can cancel at any time. Your subscription then runs to the end of the month you have paid for and is not renewed. Setup fees are not refundable once the work has been done.
• Non-payment. If an invoice goes unpaid we will contact you before suspending the workspace, and your data is kept for the period in the next point.
• Your data on exit. Your business records stay yours throughout. For 90 days after a subscription ends you can ask us to export them and we will provide them in a standard format at no charge. After that we delete them, apart from records we must keep for tax and accounting.
• Availability. We work to keep the service running and to give notice before planned maintenance, but these terms do not include a guaranteed uptime commitment. Where you need one, it is set out in a signed service agreement.

5. Intellectual property

While your subscription is running and you have paid for it, we give you a non-exclusive, non-transferable right to use Ndakita Build for your own business. That right ends when the subscription does.

Our names, logos, website content and the software we have written ourselves belong to us or our licensors. You may not copy, redistribute or make derivative works of them without our written consent.

Ndakita Build is built on open-source software, including ERPNext and the Frappe framework. Those components remain under their own licences and nothing here claims ownership of them or restricts any right those licences give you.

The business records you enter into Ndakita Build are yours. We claim no ownership of them and use them only to provide the service to you.

6. Accounts

Some services need an account. You are responsible for keeping your credentials confidential and for what happens under your account. Give us accurate details when you register, and tell us promptly if you think someone else has gained access.

7. Third-party services

Our services link to or integrate with things we do not run, including payment providers and the ERP vendors named on our comparison page. We are not responsible for their content or practices, and your use of them is subject to their own terms.

8. Disclaimer of warranties

Except where these terms or a signed agreement say otherwise, our services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Nothing here excludes a liability that Kenyan law does not allow us to exclude.

9. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special or consequential loss, or for lost profits or revenue, arising from your use of our services.

Where we are liable, our total liability for all claims in any twelve-month period is limited to the greater of the fees you paid us in that period and the fees payable for twelve months at your current rate.

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that Kenyan law does not permit us to limit.

10. Indemnity

You agree to defend and indemnify Ndakita and its people against claims, damages, losses and expenses arising from the content you put into the service, your use of it in breach of these terms, or your breach of the law. This does not apply to any claim caused by our own breach of these terms, our negligence, or a defect in the service itself.

11. Suspension and termination

We may suspend or end access where these terms are breached, where the law requires it, or where continued use puts the service or other customers at risk. For a paid Ndakita Build subscription we will give you notice and a reasonable chance to put things right first, unless the breach is unlawful or urgent. Section 4 covers what happens to your data afterwards.

12. Governing law

These terms are governed by the laws of the Republic of Kenya, and disputes are subject to the exclusive jurisdiction of the Kenyan courts.

13. Changes

We may revise these terms by updating this page. Changes take effect when posted, except that a change affecting the price or the commercial terms of an existing Ndakita Build subscription takes effect at your next renewal, and we will tell you before it does.