Effective Date: January 13, 2026

These Terms of Service (“Terms”) govern access to and use of the website https://eelam.co.ke/ and all services provided by Eelam Innovations Limited (“Eelam Innovations”, “we”, “our”, or “us”).

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, do not use our website or services.

1. Services Offered

Eelam Innovations Limited provides ICT-related services including, but not limited to:

• Software and web application development
• M-Pesa integrations and payment systems
• IoT and smart systems
• GIS and spatial data systems
• Cloud infrastructure and hosting services
• Cybersecurity services
• Technical support and consultancy

Specific deliverables, timelines, and pricing are defined in written proposals, contracts, or service agreements.

2. Eligibility and Use

You confirm that:

• You are at least 18 years old
• You have authority to enter into a binding agreement
• Information you provide is accurate and lawful

You agree not to:

• Use our services for illegal or unauthorized purposes
• Interfere with systems, servers, or security controls
• Attempt to gain unauthorized access to any system or data

3. Client Responsibilities

Clients are responsible for:

• Providing accurate requirements and information
• Timely approvals, feedback, and content
• Securing their own credentials and access details
• Compliance with applicable laws and regulations

Delays caused by incomplete or inaccurate client input may affect timelines and costs.

4. Pricing, Payments, and Billing

• Prices are communicated via proposals, invoices, or service agreements
• Payments must be made within the agreed timelines
• Late payments may result in service suspension
• All fees are non-refundable unless explicitly stated otherwise in writing

Subscription-based or hosted services may be suspended or terminated for non-payment.

5. Intellectual Property

Unless otherwise agreed in writing:

• Eelam Innovations retains ownership of all tools, frameworks, libraries, and pre-existing intellectual property
• Clients receive usage rights to delivered solutions upon full payment
• Custom-developed deliverables are licensed or transferred as specified in the service agreement
• Clients may not resell, redistribute, or modify deliverables beyond agreed terms.

6. Confidentiality

Both parties agree to:

• Keep confidential information private
• Use confidential information solely for service delivery
• Not disclose information to third parties without authorization

This obligation survives termination of services.

7. Data Protection and Privacy

We process personal and client data in accordance with:

• Our Privacy Policy
• The Kenya Data Protection Act, 2019

Clients are responsible for ensuring they have lawful authority to share any data provided to us.

8. Third-Party Services

Some services may involve third-party platforms (e.g. cloud providers, payment gateways, APIs).

Eelam Innovations is not responsible for:

• Downtime or failures caused by third-party services
• Changes in third-party policies or pricing
• Data loss outside our direct control

9. Service Availability and Support

• We strive to maintain reliable service availability
• Scheduled maintenance or unforeseen outages may occur
• Support levels and response times depend on the service agreement

No service is guaranteed to be uninterrupted or error-free.

10. Limitation of Liability

To the maximum extent permitted by law:

• Eelam Innovations shall not be liable for indirect, incidental, or consequential damages
• Liability is limited to the amount paid for the specific service giving rise to the claim
• We are not responsible for business losses, data loss, or revenue interruption

Clients use our services at their own risk.

11. Indemnification

You agree to indemnify and hold harmless Eelam Innovations from claims arising from:

• Misuse of our services
• Violation of laws or third-party rights
• Content or data provided by you

12. Termination

We may suspend or terminate services if:

• These Terms are breached
• Payments are overdue
• Use poses legal, security, or operational risks

Upon termination:

• Outstanding fees remain payable
• Access to systems may be revoked
• Confidentiality obligations remain in effect

13. Changes to Services or Terms

We reserve the right to:

• Modify or discontinue services
• Update these Terms at any time

Updated Terms will be published on our website with a revised effective date.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Kenya. Any disputes shall be resolved in Kenyan courts.

15. Contact Information

For questions regarding these Terms, contact:

Eelam Innovations Limited
📍 Ongata Rongai, Kenya
📧 info@eelam.co.ke
🌐 https://eelam.co.ke/