Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of the Drivon Systems website at drivon.co.ke and any services provided by Drivon Systems ("Drivon," "we," "us," "our") to clients.

By accessing our website, submitting an enquiry, signing a proposal or paying an invoice, you confirm that you have read, understood and agreed to be bound by these Terms. If you are agreeing on behalf of a company or organisation, you warrant that you have the authority to bind that entity to these Terms.

These Terms were last updated on 1 May 2026 and supersede all previous versions.

2. Our Services

Drivon Systems provides digital services including but not limited to:

• Search Engine Optimisation (SEO)
• Google Ads management (SEM)
• Website design and development
• Android mobile app development
• Branding and visual identity design
• UI/UX design
• Professional email setup and management
• AI solutions and workflow automation

The specific scope, deliverables, timeline and price for any project are agreed in writing through a proposal and/or statement of work before any work begins. These Terms apply to all engagements unless a separate, signed contract expressly supersedes them.

3. Client Engagements

3.1 Proposals and Acceptance

All project work begins with a written proposal outlining the scope, deliverables, timeline and cost. A project is considered accepted when the client confirms acceptance in writing (email is sufficient) and pays the agreed deposit.

3.2 Client Responsibilities

To deliver your project on time, we depend on you to:

• Provide necessary access — website logins, Google Analytics, Google Ads accounts, brand assets, domain access — within the timeframes agreed
• Review and approve deliverables within the agreed review periods
• Provide feedback that is specific, consolidated and actionable — not contradictory between stakeholders
• Pay invoices on time as specified in Section 4
• Ensure that any content, images or materials you provide to us do not infringe third-party rights

Delays caused by the client's failure to fulfil these responsibilities may affect project timelines. We reserve the right to invoice for additional time spent on delays caused by client-side issues.

3.3 Revisions

Each proposal states the number of revision rounds included. A revision is defined as a set of changes to an already-approved direction — not a change of concept or direction. Changes of concept after approval of a direction are treated as additional scope and may incur additional cost, which we will communicate before proceeding.

3.4 Project Timeline

Timelines are agreed at the start of each project. Timelines are contingent on timely client feedback and content delivery. If a project is delayed due to client inactivity for more than 30 consecutive days, we reserve the right to re-schedule the project, which may result in revised timelines and potentially revised pricing.

4. Payment Terms

4.1 Deposit

All projects require a non-refundable deposit of 50% before work begins, unless otherwise agreed in writing. The deposit confirms your acceptance of the proposal and reserves your project slot in our schedule.

4.2 Final Payment

The remaining balance is due upon project completion, before final files or access credentials are delivered. For ongoing retainer services, invoices are issued monthly in advance.

4.3 Payment Methods

We accept payment via M-Pesa Paybill, bank transfer and card payment. Payment details are provided on each invoice.

4.4 Late Payment

Invoices are due within 14 days of issue unless otherwise stated. Overdue invoices will incur a late payment charge of 2% per month on the outstanding balance. We reserve the right to pause or suspend work on any project where payment is more than 14 days overdue.

4.5 Refunds

Deposits are non-refundable as they cover time already committed to your project. If a project is cancelled after work has commenced, you will be invoiced for work completed to the point of cancellation at our standard day rate. If the work completed exceeds the deposit paid, the balance is due immediately upon cancellation.

5. Intellectual Property

5.1 Your Assets

Any assets you provide to us — logos, brand materials, photographs, copy — remain your property. We use them solely to deliver your project and do not use them for any other purpose without your written consent.

5.2 Ownership of Deliverables

Upon receipt of full and final payment, you receive full ownership of the agreed deliverables — design files, source code, brand assets and documentation. Until full payment is received, all deliverables remain the intellectual property of Drivon Systems.

5.3 Third-Party Assets

Some projects may incorporate third-party licensed assets — fonts, stock images, icon libraries, software frameworks. Where such assets are used, we will inform you of any associated licensing requirements. Licences for commercial third-party assets are your ongoing responsibility unless explicitly included in the project scope.

5.4 Portfolio Rights

We reserve the right to display completed work in our portfolio and case studies, including on our website and in marketing materials. If you require confidentiality, please inform us in writing before project commencement and we will make suitable arrangements.

5.5 Drivon Systems IP

All content on drivon.co.ke — text, images, graphics, code, branding — is the intellectual property of Drivon Systems and is protected by copyright and applicable laws. You may not reproduce, distribute or create derivative works from our website content without written permission.

6. Confidentiality

Both parties agree to keep confidential any proprietary business information shared during the course of a project. We will not disclose your business strategies, financial information, technical systems or client data to any third party, except as required by law or to deliver the agreed services using authorised sub-processors.

Similarly, any pricing, processes or internal systems of Drivon Systems disclosed to you in the course of our engagement remain confidential and may not be shared with competitors.

This obligation of confidentiality survives the termination of the engagement for a period of 3 years.

7. Your Content and Representations

When you provide us with content, data or materials for use in your project, you represent and warrant that:

• You own or have the right to use all content you provide
• The content does not infringe any third-party intellectual property rights
• The content does not violate any applicable law, including consumer protection, advertising and defamation laws
• Any claims, testimonials or statistics in the content are accurate and verifiable

You indemnify Drivon Systems against any claims, losses or damages arising from content you provide that violates any of the above representations.

8. Prohibited Use of Our Website

You agree not to use our website to:

• Violate any applicable law or regulation
• Transmit unsolicited communications, spam or malicious code
• Attempt to gain unauthorised access to any part of our systems
• Scrape, copy or reproduce our website content without permission
• Impersonate Drivon Systems or any of our team members
• Conduct any activity that disrupts or interferes with our website or services

We reserve the right to terminate access and report violations to appropriate authorities.

9. Limitation of Liability

To the maximum extent permitted by Kenyan law, Drivon Systems shall not be liable for:

• Indirect, incidental or consequential losses arising from use of our services
• Loss of revenue, profit or business opportunity — even if we were advised of the possibility of such loss
• Losses caused by third-party platforms (Google, Meta, Safaricom etc.) changing their systems, policies or algorithms
• Losses arising from your failure to implement our recommendations
• Losses resulting from content you provided that infringes third-party rights

Our total liability to you for any claim arising from or related to our services shall not exceed the total fees paid by you to us in the 3 months preceding the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation.

10. Warranties and Results

We take our work seriously and stand behind the quality of what we deliver. However:

• We do not guarantee specific search engine rankings, advertising results or revenue outcomes. Digital marketing results depend on many factors outside our control — including search engine algorithm changes, competitor activity and market conditions.
• We warrant that our services will be delivered with reasonable skill and care, in accordance with the agreed scope.
• We do not warrant that our website will be available at all times without interruption or error.
• All services are provided "as is" to the extent not prohibited by applicable law.

11. Termination

11.1 By You

You may terminate an ongoing engagement by giving us 30 days' written notice. You will be invoiced for all work completed up to the termination date, plus any third-party costs already committed on your behalf. The deposit remains non-refundable.

11.2 By Us

We may terminate an engagement immediately if:

• Payment remains overdue for more than 30 days after the due date
• You materially breach these Terms and fail to remedy the breach within 14 days of written notice
• You engage in conduct that is illegal, abusive or threatening toward our team

In such circumstances, all outstanding invoices become immediately due and payable.

11.3 Effect of Termination

Upon termination, you lose access to any work in progress that has not yet been paid for. Clauses 5, 6, 7, 9 and 12 survive termination.

12. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of Kenya. Any dispute arising from or related to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties.

If negotiation fails within 30 days, the dispute shall be submitted to mediation under the Nairobi Centre for International Arbitration (NCIA) rules. If mediation fails, the dispute shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top and, where appropriate, notify existing clients by email. Your continued use of our website or services after the update constitutes acceptance of the revised Terms.

14. Contact

For any questions about these Terms, please contact us: