Terms & Conditions
1. Acceptance of Terms
By using KEEP's services, you ("Client") agree to these Terms & Conditions. If you do not agree, please do not use our services. These Terms constitute a binding agreement between you and KEEP ("we", "us", "our").
2. Nature of Service
KEEP provides bookkeeping assistance, cashflow tracking, and eTIMS invoice facilitation services to Kenyan small and medium enterprises (SMEs). The service is provided "as is" without warranties of any kind, either express or implied.
3. Client Responsibilities
- You are responsible for providing accurate, complete, and timely information.
- You confirm you are the business owner or an authorized representative with authority to share your business data.
- You must verify the accuracy of all reports, invoices, and summaries we provide.
- You must promptly notify us of any errors, omissions, or discrepancies.
- KRA compliance ultimately depends on you providing complete and accurate transaction data.
4. Limitation of Liability
To the maximum extent permitted by Kenyan law:
- KEEP is not liable for client errors, omissions, delays in forwarding messages, or actions of third parties (including KRA, M-Pesa/Safaricom, suppliers, customers, or employees).
- Our total cumulative liability to you for any claim is limited to the fees paid by you to KEEP in the preceding three (3) months.
- We are not liable for indirect, incidental, consequential, special, or punitive damages including lost profits, lost revenue, or loss of goodwill.
5. No Guarantee of Outcomes
KEEP makes no guarantee of specific financial outcomes, tax savings, audit results, or business growth. Past results described by other clients do not guarantee future results for you.
6. Indemnification
You agree to indemnify, defend, and hold harmless KEEP, its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) errors or omissions in data you provide; (c) your interactions with KRA, customers, suppliers, or third parties; (d) your violation of any law or regulation.
7. KRA Compliance Disclaimer
While we use KRA-approved eTIMS solution providers and aim for full compliance, final responsibility for tax compliance rests with you as the taxpayer. We provide facilitation; we do not replace your legal obligation as a registered taxpayer in Kenya.
8. Fees and Payment
Fees are agreed individually with each client. Fees are payable in advance unless otherwise agreed. Late payments may result in suspension of service. No refunds are issued for partial months after cancellation.
9. Cancellation
Either party may cancel this agreement with seven (7) days written notice via WhatsApp or email. Upon cancellation, your data will be retained for seven (7) years as required by Kenyan tax law unless you request earlier deletion (subject to legal retention requirements).
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.
11. Dispute Resolution
Any dispute arising out of or in connection with these Terms shall first be resolved by good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to arbitration in Nairobi, Kenya, under the Arbitration Act of Kenya. The arbitrator's decision shall be final and binding.
12. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes at least thirty (30) days in advance via WhatsApp or email. Continued use of the service after changes constitutes acceptance.
13. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
14. Contact
For questions about these Terms, contact us via WhatsApp or at hello@keep.co.ke.