Terms of Service

Last updated: February 2026

Welcome to THE GRIT AGENCIES. By accessing or using our services—including VPS hosting, web hosting, cloud storage, software solutions, or any other IT and digital services we provide—you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, and all applicable laws. If you do not agree, you must not use our services.

These Terms apply to all clients, whether individual, corporate, or government entities, and to all visitors and users of our website gritagencies.co.ke / gritagencies.top.

These Terms are intended to be read in line with the laws of the Republic of Kenya, including the Constitution of Kenya 2010, the Contract Act (Cap. 23), the Consumer Protection Act (Cap. 501), the Data Protection Act 2019, the Kenya Information and Communications Act, and the Electronic Transactions Act, where applicable.

1. Definitions

2. Services

THE GRIT AGENCIES provides:

All services are subject to these Terms and any additional written agreement with clients. Specific deliverables, fees, and timelines are set out in individual client contracts, proposals, or statements of work. In the event of conflict between these Terms and a signed agreement, the signed agreement shall prevail for that engagement.

3. Client Agreements & Contract Formation

Services are only provided after a signed agreement or acknowledgment of these Terms.

Contracts are governed under Kenya Contract Law, Cap. 23. A contract is binding once:

Private agreements with clients are fully valid without the requirement to post terms publicly. Scope, deliverables, acceptance criteria, payment terms (e.g. in Kenyan Shillings or as agreed), intellectual property arrangements, and confidentiality are as set out in the relevant contract or our standard terms for paid engagements.

4. Use of the Website

You may use our website for lawful purposes only. You agree not to:

We reserve the right to suspend or terminate access to our website for anyone who breaches these Terms.

5. Client Obligations

Clients must:

Failure to meet these obligations may result in suspension or termination of services and liability for any resulting loss or damage.

6. Client Conduct

Clients are expected to communicate professionally and act in good faith when engaging with THE GRIT AGENCIES.

Harassment, verbal abuse, threats, or any form of disrespect towards THE GRIT AGENCIES staff or systems may result in immediate suspension or termination of services. THE GRIT AGENCIES reserves the right to decline service or terminate agreements with clients who fail to maintain professional conduct.

This standard of conduct supports the proper scope of our engagement: clients are not owed unlimited attention or services beyond what is agreed in the contract. Failure to maintain professional conduct may be treated as a material breach of these Terms.

7. Payment Terms

Fees for services are outlined in the individual client contract, proposal, or invoice.

8. Refunds & Cancellations

All payments are non-refundable unless otherwise explicitly stated in the contract.

If a client cancels a service before deployment, a partial refund may be issued at THE GRIT AGENCIES’ sole discretion. Refunds will not be issued for dissatisfaction caused by client misunderstanding of the service, misuse of the service, or failure to comply with our instructions or the terms of the agreement.

Any disputes over refunds will be resolved under Kenyan law. Clients agree to engage in good-faith communication with THE GRIT AGENCIES before pursuing legal remedies.

9. Termination

THE GRIT AGENCIES reserves the right to suspend or terminate services if:

Where termination is due to client breach, no refund of fees already paid shall be due unless otherwise agreed or required by law. Clients may terminate in accordance with the terms of their contract; early termination may involve applicable cancellation or handover fees as set out in the agreement.

8. Liability & Indemnity

Disclaimer: THE GRIT AGENCIES provides services “as is”. We do not warrant that our website or services will be uninterrupted, error-free, or free of viruses. To the fullest extent permitted by Kenyan law, we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded under applicable law.

Limitation of liability: We are not liable for data loss, downtime, third-party actions, or events beyond our reasonable control. To the maximum extent permitted by the laws of Kenya, THE GRIT AGENCIES and its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or business opportunity) arising from your use of the website or our services. Our total liability for any claim arising from or related to the website or these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or one hundred thousand Kenyan Shillings (KES 100,000), whichever is lower, unless a higher cap is agreed in a separate contract.

Indemnity: Clients agree to indemnify and hold harmless THE GRIT AGENCIES, its directors, employees, and affiliates against any claims, damages, losses, or expenses (including reasonable legal fees) arising from misuse of services, breach of these Terms, violation of any law or third-party rights, or from the client’s use of the website or our services.

11. Intellectual Property

All intellectual property in software, documentation, content, and materials provided by THE GRIT AGENCIES remains our property unless otherwise stated in a written agreement. This includes content on this website (text, graphics, logos, layout, and design), which is protected by copyright and other intellectual property laws of Kenya and international treaties.

Clients may not copy, distribute, modify, resell, or create derivative works from any proprietary software, documentation, or website content without our written permission. For deliverables under a client contract, ownership is as set out in that contract (typically, we transfer agreed deliverables to the client upon full payment, while retaining rights to our pre-existing tools and methods).

12. Privacy

Client data is handled in accordance with Kenya’s Data Protection Act 2019 and our Privacy Policy. We collect and use data only for service provision, client support, and as described in the Privacy Policy. Client data will not be shared with third parties without consent, except as required by law or as necessary to provide the services (e.g. subprocessors under appropriate agreements).

13. Governing Law

These Terms are governed by the laws of Kenya, including but not limited to:

Any dispute arising out of or in connection with these Terms or our services shall first be subject to good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, it may be referred to the courts of Kenya, and you agree to submit to the exclusive jurisdiction of the courts of Kenya (including the courts of Nairobi).

12. Changes to Terms

We may update these Terms at any time. The “Last updated” date at the top of this page will be revised when changes are made. Clients will be notified where appropriate (e.g. by email or notice on our website). Continued use of our website or services after the posting or notice of changes constitutes acceptance of the updated Terms. We encourage you to review this page periodically.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction in Kenya, the remaining provisions shall remain in full force and effect.

16. Contact

For questions about these Terms of Service, please contact us at info@gritagencies.co.ke or via the contact details on our Contact page. THE GRIT AGENCIES is based in Nairobi, Kenya.