These terms cover the systems Invictus Forma builds and hosts for salons, spas and barbershops (“you”, the client), and the use of this website. Your written quote and these terms together make up our agreement.
1. Quotes
Before we start, we give you a written quote listing the build, any add-ons, and yearly hosting. Prices are in Kenyan shillings. The base build starts from KSh 70,000 and hosting from KSh 17,000 a year.
[TODO: how long a quote is valid, and whether prices include VAT]
2. Paying
- The build fee is paid once. [TODO: payment schedule, e.g. a deposit before work starts and the balance at launch]
- Hosting is paid yearly. [TODO: paid in advance? due date and grace period?]
- There are no per-staff monthly fees.
- Add-ons are one-time fees. New features are quoted separately before any work starts.
3. What you provide
- Your logo, colours, text, photos, services, prices and staff details.
- The details we need to connect M-Pesa, so payments go to your account.
- Only content you have the right to use. You're responsible for it being accurate and lawful.
4. Building and launching
We build what's in your quote, with your branding, and put it live on your web address. Changes to what was agreed are quoted before we do them. [TODO: how you sign off the build before launch, and how many rounds of changes are included]
5. Hosting and support
While your yearly hosting is paid, it includes:
- Server
- SSL (the padlock in the browser)
- Security updates
- Uptime monitoring
- Nightly encrypted database backups, kept off the server
- Domain renewal
- Bug fixes and support
We monitor for your system going down and respond within an hour, between 5am and 8pm, every day. Bug fixes are free. New features are not bug fixes and are quoted separately.
We work to keep your system online, but we can't promise it will never be interrupted. It relies on other services, such as Cloudflare, our server provider and Safaricom's M-Pesa, that we don't control.
6. If hosting isn't renewed
[TODO: what happens: grace period, when the system goes offline, and whether and how you hand over the data before it is deleted]
7. Who owns what
- Your business data, branding and content stay yours.
- [TODO: define what “own it” means for the software: do clients get the source code, a licence to use it, or both? Can they move it to another host?]
8. Your customers' data
You are responsible for your customers' and staff's personal data under Kenya's Data Protection Act, 2019. You decide what is collected and why, and you tell your customers how you use it. We act as your hosting provider and data processor: we handle that data only to run, host, back up and support your system, and we tell you without delay if a breach affects it. [TODO: confirm roles]
Our privacy policy explains how we handle data.
9. The demo
The live demo is a made-up salon called Palm Nails, not a client. Finishing a booking on it sends a real M-Pesa prompt for KSh 1.
10. Liability
We aren't liable for indirect losses, such as lost bookings or income, or for outages caused by services we don't control. [TODO: cap on liability, e.g. the fees paid in the last 12 months; have a lawyer set this]
11. Ending the agreement
[TODO: notice period for either side, refunds if any, and how you hand over data on exit]
12. Law
These terms are governed by the laws of Kenya. If we disagree, we'll talk first and try to settle it. [TODO: then mediation, arbitration or the Kenyan courts?]
13. Changes and contact
If we change these terms, we'll update this page and tell current clients. Questions? Call +254 791 434 211 or email ntruderleroy@gmail.com.