Standard Service Terms & Scheduled Resource Commitments

Section 4.1: Standalone Specialised Technical Rates

Unless explicitly modified under a signed, non-cancellable master services agreement, all individual components executed prior to full field deployment—including but not limited to SurveyToGo logic programming, multi-persona skip-routing database development, custom analytics interface wireframing, and localized geographic mapping—are valued at our standard standalone Technical Specialist and Executive Advisory Rack Rate of KSh 2,500 per hour. Bulk volume or blended project rate models apply strictly to complete, fully executed lifecycles and collapse upon early project termination.

Section 4.2: Resource Commitments & Scheduling Cancellations

Upon issuance of an operational directive or LPO, specific technical developers, field management staff, and executive directors are immediately allocated to the project stream, restricting agency capacity for other commercial accounts. In accordance with the common-law principle of quantum meruit and standard statutory contract protections:

1. In the event of a client-initiated cancellation, deferral, or suspension of a live project file, the client shall remain fully liable to compensate the agency for all internal human resource labor, asset creation cycles, and account coordination overhead incurred up to the microsecond of official written cancellation notice.
2. Incurred labor shall be calculated dynamically at our standard KSh 2,500 hourly technical rate based on internal developer version logs, calendar entries, and resource tracking records.
3. Any pre-paid mobilization deposits or advances shall be retained to cover these accrued operational liabilities, with any remaining positive balance processed as a cash refund alongside a corresponding KRA eTIMS Credit Note within the statutory window.

Section 4.3: Incorporation, Acceptance & Order of Precedence

These terms apply where they are incorporated by reference into a signed quotation, proposal, letter of intent, operational brief, purchase order, LPO, statement of work, master services agreement or other written project instruction accepted by the parties. If an expressly negotiated and signed project term conflicts with this schedule, the expressly negotiated project term prevails only to the extent of that conflict.

Section 4.4: Scope, Assumptions & Change Control

Fees and timelines are based on the stated scope, sample, geography, methodology, deliverables, dependencies and client response times. Any change to those assumptions, including additional questionnaire logic, locations, respondent groups, reporting cuts, integrations, languages or review cycles, may require a written change order, revised fee and revised delivery schedule before the additional work begins.

Section 4.5: Taxes, Invoicing & Payment

Quoted fees are exclusive of taxes, statutory levies, bank charges, third-party disbursements and reimbursable field expenses unless expressly stated otherwise. Invoices are payable in the currency and within the period stated on the applicable quotation or invoice. The agency may pause work or withhold unreleased deliverables where an undisputed amount remains overdue, without waiving its right to recover the amount due.

Section 4.6: Deposits, Mobilisation & Committed Costs

A mobilisation deposit secures personnel, field dates, technical capacity, vendors and project preparation. Amounts already applied to completed work, non-recoverable reservations, commissioned assets, licences, travel, venue commitments or other project-specific costs are not refundable. Any reconciliation will identify work completed, committed costs, applicable taxes and the resulting balance.

Section 4.7: Client Responsibilities & Dependencies

The client shall provide complete and accurate instructions, approvals, access, source materials, respondent criteria, legal permissions and designated decision-makers in sufficient time. Delays, rework or additional costs caused by missing information, late approvals, inaccessible sites, unsafe conditions or inaccurate client-supplied materials may extend the schedule and be charged through an approved change order.

Section 4.8: Records, Verification & Reconciliation

The agency may substantiate completed work and committed resources using time records, version histories, deployment registers, attendance records, correspondence, calendar entries, supplier commitments and project management logs. A cancellation or close-out statement will be prepared from records reasonably connected to the engagement, subject to confidentiality and data protection obligations.

Section 4.9: Deliverable Review & Acceptance

The client shall review deliverables within the review period stated in the project documents and provide one consolidated set of comments through the designated contact. A deliverable will be treated as accepted where the client approves it in writing, uses it operationally, publishes it, or does not report a material non-conformity within the stated review period. Acceptance does not waive a valid claim concerning a latent defect that could not reasonably have been identified during review.

Section 4.10: Intellectual Property & Licence

Pre-existing tools, templates, code libraries, methods, survey logic components, know-how and reusable frameworks remain the property of the party that owned them before the engagement. Subject to full payment, the client receives the rights in final project-specific deliverables stated in the signed project documents. Drafts, working files and unpaid deliverables remain controlled by the agency unless otherwise agreed in writing.

Section 4.11: Confidentiality & Publicity

Each party shall protect confidential information received from the other and use it only for the engagement, except where disclosure is required by law or an authorised regulator. The agency will not publish confidential project findings or identify the client as a case study without permission, except where the relationship is already public or disclosure is required for a lawful procurement, audit or professional obligation.

Section 4.12: Data Protection & Research Ethics

Each party shall process personal data in accordance with applicable Kenyan data protection law and the agreed research protocol. The client is responsible for confirming the lawful purpose and authority for data supplied to the agency. The agency shall apply reasonable access controls, confidentiality measures, retention practices and incident reporting procedures appropriate to the nature of the engagement.

Section 4.13: Third Parties, Field Teams & Subcontracting

The agency may use trained employees, enumerators, moderators, technical specialists and approved subcontractors to perform parts of the work while remaining responsible for managing the agreed deliverables. Third-party licences, venues, travel, connectivity, incentives and specialist services may carry separate supplier conditions and cancellation charges.

Section 4.14: Suspension, Safety & Compliance

The agency may suspend or reschedule work where continued performance would create a material safety, legal, ethical, payment, data protection or reputational risk. The agency will notify the client promptly, preserve completed work where practicable and cooperate in a reasonable remediation plan. Suspension does not extinguish payment obligations for work and committed costs already incurred.

Section 4.15: Force Majeure

Neither party is liable for delay caused by events beyond its reasonable control, including severe weather, civil disturbance, epidemic, government restriction, widespread network failure, transport interruption or inaccessibility of a field location. The affected party shall notify the other, take reasonable steps to reduce disruption and resume performance when practicable. Completed work and unavoidable committed costs remain payable.

Section 4.16: Professional Judgement & No Guaranteed Outcome

Research findings, forecasts, dashboards, rankings and advisory outputs support decision-making but do not guarantee a particular commercial, regulatory, funding or operational result. Conclusions depend on the agreed methodology, available evidence, respondent participation, source quality and assumptions disclosed in the relevant deliverable.

Section 4.17: Limitation & Mitigation of Loss

Each party shall take reasonable steps to mitigate foreseeable loss arising from the engagement. To the extent permitted by law, neither party is liable for indirect, consequential or speculative loss unless expressly assumed in a signed agreement. Any project-specific liability cap, exclusions or insurance requirements shall be those stated in the applicable signed engagement documents.

Section 4.18: Notices & Authorised Instructions

Operational approvals, suspension notices, cancellation notices and scope changes must be issued in writing by an authorised representative through the notice channel identified in the project documents. A notice takes effect when received at the designated email or physical address, subject to any specific notice period stated in the signed engagement.

Section 4.19: Good-Faith Resolution & Governing Law

The parties shall first attempt in good faith to resolve any dispute through their designated project and commercial representatives. If the dispute is not resolved, either party may pursue the dispute mechanism stated in the signed engagement documents or, where none is stated, seek relief before a court of competent jurisdiction in Kenya. These terms are governed by the Laws of Kenya.

Section 4.20: Severability, Waiver & Written Variation

If a provision is found invalid or unenforceable, it shall be limited or removed only to the minimum extent necessary and the remaining provisions shall continue in effect. A delay in enforcing a right is not a waiver. Any variation, waiver or settlement must be recorded in writing and approved by authorised representatives of the parties.