Terms of Service

All financial transactions, invoices, and retainers must be routed exclusively through the official Enthelot Cloud M-Pesa Buy Goods Till Number provided on this portal and our official invoices. Payments made to personal phone numbers, unauthorized bank accounts, or third-party agents are legally null and void. Enthelot Cloud assumes no liability for funds sent to incorrect or unauthorized destinations. Work will not commence, and project milestones will not be released to production environments, until cleared funds reflect in our official accounts.

All legally binding communication, project approvals, scope changes, and formal notices must be submitted in writing via our official corporate email addresses or through this verified Client Portal. While instant messaging applications (e.g., WhatsApp) may be used for rapid updates, they do not constitute formal project approvals or amendments to this Agreement. Enthelot Cloud is not liable for instructions given through unauthorized or undocumented channels.

A non-refundable deposit—typically 50% to 60% of the total project cost, as specified in the official Quote—is strictly required before any engineering, design, or consulting work commences. This deposit secures your position in our development queue and covers initial resource allocation, architecture planning, and server provisioning. This deposit is strictly non-refundable under any circumstances, including client cancellation, as it constitutes payment for immediate resource reservation and initial labor.

The exact parameters of our engagement are strictly limited to the deliverables explicitly defined in the approved Project Brief and finalized Quote. Any assumptions made by the Client regarding features, integrations, or services not expressly written in these documents are invalid. Enthelot Cloud is committed solely to the architectural and developmental specifications formally agreed upon prior to the deposit payment.

The Client agrees to provide all necessary assets—including but not limited to high-resolution branding, text copy, API keys, legal documents, and third-party account credentials—in a timely and organized manner. Enthelot Cloud is not responsible for typographical errors, copyright infringements, or poor image quality originating from assets provided by the Client.

We allocate dedicated engineering time based on the agreed project timeline. If a project is delayed by the Client for more than fourteen (14) consecutive days (due to failure to provide required assets, delayed feedback, or failure to grant necessary approvals), the project will be officially shelved. To reactivate a shelved project, a strict 30% Delay Surcharge will be applied to the remaining project balance to cover the operational costs of reallocation, schedule disruption, and infrastructural holding.

Our quotes include a specific number of revision rounds during the design and staging phases, typically limited to two (2) consolidated rounds of feedback. Any requests for additional features, architectural changes, or excessive aesthetic revisions outside the original scope ("Scope Creep") will be paused, quoted separately at our standard agency hourly rate, and billed as a separate milestone. Out-of-scope work will not commence until the supplementary invoice is paid.

Enthelot Cloud engineers high-performance digital infrastructure. However, we are technical architects, not marketing guarantors. We expressly and unconditionally disclaim any and all liability for the Client's business performance, sales volume, search engine rankings, conversion rates, or user acquisition. The Client assumes full and total responsibility for the commercial success, marketing, and monetization of the Deliverables.

Under no circumstances shall Enthelot Cloud, its directors, employees, or contractors be liable for any indirect, incidental, consequential, special, or exemplary damages, including lost profits, lost data, or business interruption, arising from the use or inability to use our deliverables, even if we have been advised of the possibility of such damages. Our total liability shall never exceed the total amount paid by the Client for the specific project in dispute.

Upon complete and final payment of all outstanding invoices, the intellectual property rights for the custom front-end design and Client-specific visual content transfer to the Client. However, Enthelot Cloud retains full ownership of any proprietary underlying code libraries, CMS structures, server configurations, and frameworks utilized to build the project. We grant the Client a perpetual, non-exclusive, non-transferable license to use these underlying structures strictly as part of the final compiled Deliverable.

For clients utilizing Enthelot Cloud infrastructure, we strive for 99.9% uptime. However, we are not liable for downtime caused by upstream cloud providers (e.g., AWS, DigitalOcean), malicious DDoS attacks, hardware failure, or DNS propagation delays. Client accounts exceeding allocated bandwidth, compute, or storage limits will be automatically throttled or billed for overages at our standard tier rates.

If hosting, retainer, or milestone invoices are not cleared within three (3) days of the due date, Enthelot Cloud reserves the right to automatically suspend all services, including website access, database connectivity, and email routing. A reactivation fee will apply to restore suspended services. We are not liable for any lost revenue or SEO degradation resulting from payment-related suspensions.

Either party may terminate this Agreement with 14 days written notice. If the Client terminates the project prior to completion, all deposits are forfeit. Furthermore, a "Kill Fee" equivalent to the pro-rated value of all labor completed up to the date of termination will be immediately invoiced. Upon termination for breach of contract or non-payment, all source code and assets remain the exclusive property of Enthelot Cloud.

Both parties agree to treat all sensitive business information, proprietary concepts, login credentials, and trade secrets shared during the project as strictly confidential. Enthelot Cloud will not disclose Client data to unauthorized third parties. However, we reserve the right to feature the completed, publicly accessible project in our corporate portfolio, case studies, and marketing materials unless a separate, explicit Non-Disclosure Agreement (NDA) is executed.

Our Deliverables frequently rely on third-party APIs, software, and gateways (e.g., Stripe, PayPal, Google APIs, external CRMs). We hold zero liability for changes, deprecations, outages, or policy updates in third-party services that cause the Deliverable to malfunction after the project is deployed. Maintenance required to fix infrastructure broken by third-party updates will be billed as separate maintenance work.

While we implement industry-standard security protocols, zero-trust architecture, and modern encryption, no internet-connected system is unconditionally impenetrable. The Client is solely responsible for maintaining the confidentiality of their administrative passwords and securing their local network endpoints. We hold no liability for data breaches resulting from compromised Client credentials, weak passwords, or social engineering attacks against the Client's organization.

We provide a strict 14-day bug-fix warranty following project deployment to address any deviations from the approved Project Brief. Following this period, the Deliverables are provided strictly on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We engineer web applications to be compatible with the latest stable releases of major modern browsers (Chrome, Safari, Firefox, Edge). We do not guarantee pixel-perfect rendering across all devices, particularly on deprecated browsers (e.g., Internet Explorer) or obscure mobile operating systems, unless explicitly scoped and budgeted in the Project Brief.

The Client guarantees that any text, graphics, photos, designs, trademarks, or other artwork provided to Enthelot Cloud for inclusion in the project are owned by the Client, or that the Client has explicit permission to use them. The Client agrees to fully indemnify and hold Enthelot Cloud harmless from any claim, suit, or legal action arising from the use of assets provided by the Client.

Post-launch support, server patching, content updates, and code maintenance are not included in the initial project build unless a specific Monthly Retainer Agreement is signed. Ad-hoc requests for updates from clients without an active retainer will be placed in the standard queue and billed at our prevailing hourly rate, subject to minimum billing increments.

If the Client wishes to migrate their application from Enthelot Cloud hosting to a third-party server, a migration fee will apply to cover the engineering time required to package the database, source code, and assets. We do not guarantee that our proprietary server configurations or optimization scripts will function identically on third-party infrastructure.

Enthelot Cloud reserves the absolute right to assign subcontractors, specialized engineers, or third-party agencies to assist in the completion of the project. We remain fully responsible for the quality of the deliverables produced by our subcontractors and will act as the sole point of contact for the Client.

Enthelot Cloud operates strictly as an independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, employer-employee relationship, or agency relationship between the Client and Enthelot Cloud.

The Client agrees to defend, indemnify, and hold harmless Enthelot Cloud, its affiliates, directors, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from the Client's use of our services, violation of these Terms, or violation of any third-party rights.

Neither party shall be held liable or deemed in breach of this Agreement for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control. This includes, without limitation, internet backbone failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, or national emergencies.

Any controversy, dispute, or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered in Nairobi, Kenya, in accordance with the provisions of the Arbitration Act, 1995 of the Laws of Kenya. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The Client waives any right to bring class-action lawsuits against Enthelot Cloud.

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.

Any legal notices, demands, or requests required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by certified mail, or transmitted by corporate email with confirmed delivery receipt.

This Agreement, alongside the approved Quote and Project Brief, constitutes the entire understanding and agreement between the Client and Enthelot Cloud regarding the subject matter herein. It supersedes all prior contemporaneous verbal negotiations, discussions, or written agreements. No modification of these terms shall be binding unless expressly published on this portal by Enthelot Cloud.