Terms & Conditions

By accessing acaciawave.com or using our services, you agree to these Terms & Conditions. If you do not agree with them, please do not use the site or the services.

If you are agreeing on behalf of a company, you confirm you are authorised to bind that company.

Acaciawave Limited is a technology company registered and operating in Kenya, based in Nairobi. Where these terms say “we”, “us” or “our”, they mean Acaciawave Limited.

Our address for notices is acacia@acaciawave.com.

We design, build and operate software, integrations and digital infrastructure for businesses. Our work spans financial systems, business communications, insurance technology, digital systems and intelligent automation.

Nothing on this site is an offer to perform any particular piece of work. Services are agreed in writing on a project basis, and we may decline work we do not think is worth building.

Each engagement is governed by a written project agreement setting out scope, deliverables, fees, timing and anything specific to that piece of work.

Where a project agreement and these terms conflict, the project agreement wins for that project. These terms cover everything the project agreement does not.

We price against a written scope rather than a guess. An estimate is an estimate: it reflects the scope as understood when it was given, and it is not a fixed quotation unless the project agreement says it is.

Scope changes are normal. When a change affects cost or timing we will say so before doing the work, and the change is agreed in writing before it is picked up.

Delivery depends on things only you can provide. You agree to:

• Give us accurate information, and tell us when it changes.
• Grant the access, accounts and approvals the work requires, in reasonable time.
• Ensure you hold the rights to any content, data or systems you ask us to work with or integrate.
• Nominate someone who can make decisions and give feedback within the timescales the project assumes.

Most systems we build depend on third parties — hosting, payment providers, messaging carriers, mapping, mail delivery and similar. Where those services are yours, they stay in your name and their fees are yours to pay.

Those providers set their own terms, pricing and availability. We integrate with them carefully, but we do not control them and we are not responsible for their acts, outages or price changes.

On full payment, the rights to the bespoke work product created for you transfer to you. You own the software we build for you outright, source included, so you are never dependent on us still being here.

Our own tools, frameworks, libraries and general know-how remain ours, and we are free to reuse them on other work. Where such a component is embedded in your deliverable, you get a perpetual, non-exclusive licence to use it as part of that deliverable.

Third-party and open-source components keep their own licences, which we will identify on request.

Each of us will keep the other’s non-public information confidential, use it only for the project, and protect it as carefully as our own. This survives the end of the engagement.

It does not cover information that is already public, was already known without a duty of confidence, is independently developed, or must be disclosed by law — and where the law compels disclosure we will tell you first, unless we are barred from doing so.

Where we handle personal data on your behalf, you are the data controller and we act as your processor: we process it on your documented instructions, keep it confidential, and apply appropriate technical and organisational measures.

Our handling of data you send us through this website is described in our Privacy Policy.

Fees and payment terms are set out in each project agreement. Invoices are payable within the period stated on them, in the currency stated on them, and are exclusive of taxes unless the invoice says otherwise.

We may pause work on overdue balances. We will tell you before we do, and we will not use a pause to hold your data or your systems hostage — anything you have paid for remains yours.

Software that nobody maintains degrades: dependencies age, volumes grow, and the business changes shape. Where the project agreement includes ongoing support, it will say what is covered, how to reach us and how quickly we aim to respond.

Where it does not, launch ends the engagement, and further work is quoted separately. Either way you keep the code, so you are free to maintain it yourself or have someone else do it.

We warrant that we will perform the services with reasonable skill and care, and that the work is ours to deliver.

We do not warrant that any software will be uninterrupted or error-free, that it will meet a requirement never written down, or that third-party services it depends on will keep working. To the extent the law allows, all other warranties, conditions and terms — express or implied — are excluded.

To the fullest extent permitted by law, our total liability arising out of or in connection with a project is limited to the amount you have paid us for that project.

We are not liable for indirect, incidental, special or consequential loss, or for lost profit, revenue, goodwill, data or anticipated savings, however caused.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

We may use subcontractors for parts of a project. Where we do, they are bound by confidentiality terms at least as strict as these, and we remain responsible to you for their work as if it were our own.

We will not publish your name, your logo or the details of your project as a reference without your written permission. That is a deliberate position rather than an oversight — a client list is yours to disclose, not ours.

Neither party is liable for a failure to perform caused by something genuinely outside its reasonable control — including network and power failure, the failure of a third-party service, industrial action, or an act of government. The affected party will tell the other promptly and both will work to limit the effect.

Either party may end a project on written notice. Work performed up to termination is payable, and on payment you receive what has been completed.

Either party may end it immediately if the other commits a material breach that is not remedied within a reasonable period after being told about it.

We may update these terms from time to time. The current version is always the one published at this address, and it applies to use of the site from the date it is published.

A project already under way stays governed by the terms in force when its project agreement was signed, unless we both agree otherwise in writing.

If any provision of these terms is found unenforceable, the rest continue in force. A failure to enforce a term is not a waiver of it. Neither party may assign the agreement without the other’s consent, except to a successor of its business.

Nothing in these terms creates a partnership, joint venture or employment relationship between us.

These terms are governed by the laws of the Republic of Kenya, and disputes are subject to the exclusive jurisdiction of the courts of Kenya.

Before going to court, both parties agree to raise the issue in writing and to try to resolve it in good faith.

Questions about these terms can be raised by email to acacia@acaciawave.com, or through the contact form on acaciawave.com. A person reads those, not a queue.