Over 10 years we have helped companies streamline their ICT infrastructure. We are here to provide you with the right tools to stay ahead of the competition.

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Wood Avenue Plaza, P.O. Box 32031 - 00600 Nairobi

[email protected]

+254-737-863-083

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Terms and Conditions

1. GENERAL

1.1 These terms and conditions form the entire agreement between Prasams ICT Solutions also referred to as (“Prasams or Prasams Technologies”) and the Customer (“the Customer”) whose name appears on the Application for Credit, relating to the sale and purchase of goods or services appearing on the invoice (“the Goods”). Where a prior written agreement, credit application, surety agreement (but not a software license agreement), exists between PRASAMS ICT SOLUTIONS and the Customer, concerning goods, the provisions of that agreement shall in all cases prevail over these terms and conditions, except in the instance where such prior written agreement would result in the External Loans And Credits Act having an application.

 
 
 
 

1.2 In the event that the Customer enters into a license to use any software and/or data comprised in the goods or services appearing on any invoice, these terms and conditions shall continue to have an effect but the terms of such license shall be read together with these terms and conditions and in the event of a conflict then such license terms shall in so far as the conflict exists, prevail over these terms and conditions in relation to such conflict.

1.3 Orders are accepted by Prasams ICT Solutions subject to availability of stock. Prasams ICT Solutions reserves the right to deliver the goods in two or more installments.

1.4 Prasams ICT Solutions reserves the right to withhold further supplies in the event of any breach of any of these terms and conditions or for any other reason which Prasams ICT Solutions consider warrants such actions, in which event the customer agrees that Prasams ICT Solutions shall not be liable for any consequential damages suffered by the customer as a result of such withholding of supplies for whatsoever reason. The Customer hereby indemnifies Prasams ICT Solutions in this regard in respect of all or any such claims made by third parties as a result of such withholding of supplies for whatsoever reason.

2. CUSTOMER SERVICE COMMITMENTS

What we provide to you:

  • Helpful, friendly, and courteous service.

  • Clear and concise explanations without technical jargon.

  • The same level of service regardless of the size of the company.

  • Prompt responses to emails and phone calls.

  • Accurate and fair treatment of all customers.

What we expect from you:

  • All information requested by us is to be provided within the agreed timescales.

  • Invoice payments are to be made within the defined payment terms.

  • Polite and respectful behavior towards our staff at all times.

3. PAYMENT

3.1 The purchase price of the goods shall be paid by the customer to Prasams ICT Solutions without any deduction or set-off within the period stipulated on the invoice.

3.2 If more than one delivery is made, then each delivery will be invoiced and shall be paid for separately.

3.3 Prasams ICT Solutions does not extend credit to any Customer in terms of the External Loans And Credits Act, and all accounts due are payable within 30 days of the date of invoice.

3.4 In the event of a dispute with regard to part of any amount owing in respect of any invoice, the Customer shall nevertheless forthwith pay the undisputed amount of such indebtedness according to the agreed terms of payment.

 

3.5 All goods supplied by Prasams ICT Solutions to the Customer shall remain the property of Prasams ICT Solutions until the purchase price in respect thereof has been paid in full.

 

4. DISCOUNTS

4.1 The price of the goods sold to the Customer is strictly net and not subject to any discounts or set-offs unless otherwise agreed to in writing by Prasams ICT Solutions.

4.2 If any discount is agreed to in writing it shall only apply to the actual price of the goods themselves and not to the value-added tax, transport costs, insurance, storage charges, or other duties or taxes. Discounts will not be allowed on overdue payments.

 

5. DELIVERY

5.1 Delivery shall be completed when the goods are off-loaded at the destination stated by the Customer if the goods are to be transported by means of Prasams ICT Solutions’ vehicle, or delivery shall be completed when the goods are loaded if they are to be transported by the Customer or delivery shall be completed when the goods are loaded into a carrier engaged to transport the goods to the Customer.

 

5.2 If goods are forwarded by normal post, it will be assumed that the goods were delivered unless the Customer notifies Prasams ICT Solutions in writing within 30 days of the invoice date. It is assumed the consumer inspected and accepted the quality of the goods.

5.3 The risk in the goods shall pass to the Customer on delivery. The Transport Agent acts as Agent for the Customer.

5.4 Prasams ICT Solutions shall not be liable for any alleged shortage or defect after delivery to the Customer or the Customer’s agent.

5.5 The signature of the employee or agent of the Customer on the delivery note or waybill shall constitute conclusive evidence of delivery.

5.6 Time of the delivery shall not be of the essence, although all reasonable steps will be taken to ensure timely performance.

6. SET OFF

6.1 Prasams ICT Solutions may set off any indebtedness it owes to the Customer against any monies which may be or become owing by the Customer to Prasams ICT Solutions.

7. EXCLUSIONS

7.1 Liability is limited to the replacement of goods which, at the date of delivery, are subject to a patent defect arising from defective materials.

7.2 Prasams ICT Solutions shall in no circumstances be liable for any loss of profit or any damage direct, indirect, or consequential.

8. WARRANTY

8.1 Save as provided for in clause 7.1, all goods are in good working order, of good quality, and without defects.

9. DEFAULT

9.1 Should the Customer default in paying his account, commit a breach of terms, or face insolvency/liquidation, Prasams ICT Solutions shall be entitled to demand immediate payment of the full outstanding amount and/or cancel any existing agreement.

10. JURISDICTION

10.1 Any proceedings may be instituted in any Magistrate’s Court having jurisdiction, regardless of the claim amount. The Customer is liable for all legal costs on an attorney and own client scale.

11. DOMICILIUM

11.1 The Customer nominates its physical address as reflected on the Application for Credit as its domicilium citandi et executandi.

12. NEGOTIABLE INSTRUMENTS

12.1 Any negotiable instrument received shall not constitute a novation of the debt.

13. RETURN OF THE GOODS

13.1 If Prasams ICT Solutions agrees to a return of non-faulty goods, a handling charge of 10% of the invoice price shall apply.

14. INSURANCE

14.1 From the date of delivery, the Customer shall keep goods adequately insured.

15. LAW APPLICABLE

15.1 The Laws of the Republic of Kenya are the laws applicable to this agreement.

16. CESSION OF DEBTORS

16.1 The Customer cedes and pledges to Prasams ICT Solutions all rights and claims against its own debtors as security for any sums owing.

17. NON-VARIATION

17.1 No variation of these terms is effective unless in writing and signed by both parties.

18. REFUND, MONEY REVERSAL & ERRONEOUS PAYMENT POLICY

18.1 Eligibility for Refunds and Reversals A Customer may request a refund or reversal of payment only in the following circumstances: a. Where goods or services paid for were not delivered or rendered by Prasams ICT Solutions within the agreed timeframe and no alternative arrangement has been accepted in writing by the Customer; b. Where defective or faulty goods are delivered and the defect is reported in writing within 7 (seven) days from the date of delivery; c. Where services were paid for but not performed in accordance with the agreed scope of work.

18.2 Non-Refundable Situations Refunds or reversals shall not be issued in the following cases: a. Change of mind by the Customer; b. Services that have been completed in accordance with agreed Specifications; c. Digital products, licenses, subscriptions, or custom work already delivered or activated; d. Delays or failures caused by the Customer’s failure to provide required information, approvals, or access.

18.3 Erroneous or Mistaken Payments a. Notification must be made in writing within 7 days of the payment date; b. Verification may require confirmation from banks or mobile money operators (M-Pesa); c. Approved reversals shall be processed within a reasonable period, up to 30 calendar days.

18.4 Request Procedure All requests must: a. Be submitted in writing to [email protected]; b. Include proof of payment and supporting documentation; c. Be submitted within 14 calendar days of the relevant event.

18.5 Assessment and Processing a. Acknowledgment within 5 business days; b. Assessment within 14 business days; c. Approved refunds processed within 30 calendar days of approval.

18.6 Payment Method and Fees a. Refunds made via original payment method where feasible; b. Third-party processing fees may be deducted from the refunded amount; c. Prasams ICT Solutions is not responsible for delays caused by third-party financial institutions.

18.7 Partial Refunds Prasams ICT Solutions reserves the right to issue a partial refund proportionate to the unused or undelivered portion.

18.8 Statutory Rights Nothing in this Policy limits rights under the Consumer Protection Act (Kenya).

19. DIGITAL PROJECTS SPECIFIC TERMS

19.1 Estimates: Initial quotations are based on specific requests. Final value may vary if scope changes. 19.2 Payment: 50% upfront payment is required. The final balance must be paid before the project goes live. 19.3 Project Content: Website content must be provided within 2 weeks of deposit. Graphic design content within 1 week. 19.4 Maintenance: Fixes for new websites must be identified within 14 days of going live. 19.5 Security: While security precautions are taken, Prasams cannot guarantee the prevention of hacks or viruses. 19.6 SEO: No responsibility is accepted for actual rankings achieved, as search engine algorithms vary.