Please read the following General Terms and Conditions very carefully as they affect your use of the Website and your rights.
1.1 Your use of the Website is subject to these General Terms and Conditions together with any more specific terms we may draw your attention to before you purchase any products from the Website.
1.3 The following definitions apply
- “Consumer” means the client or customer
- “General Terms and Conditions” means these terms and conditions
- “Specific Terms and Conditions” means the Specific terms and conditions tailored to cover any product or service that you may purchase through the Website, and which take priority over these General Terms and Conditions to the extent of any conflict between them.
- “Web site” “Website” or “Site” means the web site you are browsing when you clicked on a link to these General Terms and Conditions, including all subsidiary pages.
- “we” or “us” or “ourselves” refers to the organisation whose name is identified to you on the Website. Please note that because these General Terms and Conditions apply to more than one Web Site, references to “We” or “Us” in there General Terms and Conditions means the company, partnership, or other organisation that is identified on the home page of the Web Site you were browsing when you were referred to these General Terms and Conditions.
1.4 Information Contained on the Web site
- While we take all reasonable care to ensure that the information contained on the Website is accurate and up to date, we make no representations, warranties or undertakings about any of the information content or materials provided on the Website (including, without limitation, any as to quality, accuracy, completeness or reliability).
- All material on the Website is provided for information purposes only and does not constitute legal, accounting or other professional advice, and it must therefore not be relied upon as such. You should arrange your own advice from a qualified party before acting in reliance on any of the information, or purchasing any of the products or services, available on or from the Web Site.
1.5 Updates and Changes
- The Website is being updated and improved on an ongoing basis. We reserve the right to change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal; and
- Changes to these General Terms and Conditions or to the Specific Terms and Conditions may be made at any time and your use of the Website, or the purchase of products or services, are subject to any such changes. You agree to check to see if any changes have been made to the General or the relevant Specific terms each time you visit the Website or purchase products or services from it.
1.6 Exclusion of liability to you from the use of the Web Site
- The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- Any and all liability to you that may arise from your access to and use of the Web Site, whether due to negligence, breach of duty or otherwise, is excluded to the maximum extent permitted by law.
- No warranty is given that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Web Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- We are not responsible for the content of other Websites that link to the Website, nor are we responsible for the content of any Website to which links are provided from the Website. Links to other sites are provided purely for your convenience and do not imply that we approve of those sites.
- Nothing in these General Terms and Conditions shall be construed so as to exclude or limit the liability of ourselves for death or personal injury as a result of our negligence or that of its employees or agents.
1.7 Copyright and trade marks (Intellectual Property)
- The copyright in all materials on the Website, including their design, layout, text, graphics, photographs and the source code and software belong to their respective owners. Trade marks (whether registered or not) company names and the like are the property of their respective owners.
- You are licensed to view and temporarily store Website pages and their content in your browser’s temporary cache, and also to print out for reference a single copy for non-commercial purposes and off-line review. You may not sell or re-sell anything available from the Website, save to the extent expressly permitted pursuant to any product or service purchased by you from the Web Site where such permission is either expressly given or is a necessary attribute of the product or service concerned.
1.8 Force Majeure – supply of goods or services ordered through the Website
- In connection with the supply of any goods or services ordered by you through the Website, we shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, company registry workload, lock outs, accidents, war, company registry operating days, fire or failure of any communications, telecommunications or computer system, and we shall be entitled to a reasonable extension of our obligations to you (to the extent we owe any such obligations) should a force Majeure event occur.
- If a Force Majeure event to which this clause applies shall occur, we agree to notify you as soon as practicable. If the Force Majeure event continues for more than 14 days, either party shall have the right to cancel the agreement and where services have been paid for in advance but have not been rendered, you will be entitled to a refund from the date of cancellation for all such services.
1.9 User name and password
- The website may provide the facility to register in order to gain enhanced access privileges or in order to purchase products or services. If you register, it is your responsibility to maintain the confidentiality of your password. On no account should you disclose your password to anyone else. You agree to indemnify and hold us harmless for any loss or damage we may incur resulting from breach of this clause.
1.10 Data Protection
- We take our obligations of confidentiality and the protection of your personal data very seriously. We will not, therefore, sell or make you data available to any third party without your prior consent, except for the following limited purposes
- Your data may be passed to other companies, partnerships or organisations in the same or associated management or control as ourselves for marketing purposes or to provide you with new product information that we think may be of interest to you. You agree that we or our associates may communicate with you by telephone, email, fax, or by post to advise you of new products or services that we or our associates may offer. You understand that your data may be transmitted and stored overseas (including outside Kenya) as part of these processes.
- You may amend any information provided to us as part of registration on the Website at any time.
1.12 Terminating the use of the Website
- We may withdraw or suspend your right to access or use the Website at any time, without prior notice and without providing any reason.
- No waiver by us (whether express or implied) in enforcing any of our rights shall prejudice our right to enforce such rights in the future.
- If any provision of these General terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected.
- In the event of there being any conflict between these General Terms and Conditions and the Specific Terms and Conditions that apply specifically to the purchase of certain goods or services through the Website, the Specific terms and Conditions shall prevail.
- No person who is not a direct a party to any agreement covered by these General Terms and conditions shall have any right to enforce any term of the Agreement.
- Where you are a consumer, you have the right to cancel for the provision of goods or services, by notice in writing, at any time before ten working days before the work has commenced. If, however, we have started to perform our side of the agreement before you exercise your right to cancel, then the right to cancel is lost. For services involving our partners and their respective companies your rights as a consumer will fall under their terms of services which you can be accessed using the following links for each company respectively – Infoken Solutions, Cherimoya Solutions.
- Fenesi is eligible for referral fees from certain partners where lead information generates new business for those partners.
- This clause applies where these General Terms and Conditions or the Specific Terms and Conditions provide expressly or by implication for the service of notices.
- Any notice required to be given under our Agreement with you or in connection with the matters contemplated by it shall, except where otherwise specifically provided, be in writing in the English language.
- Any such notice shall be addressed to the usual business address of the other party and may be:
- Personally delivered, in which case it shall be deemed to have been given upon delivery at the relevant address if it is delivered not later than 17.00 hours on a Business Day, or, if it is delivered later than 17.00 hours on a Business Day or at any time on a day which is not a Business Day, at 08.00 hours on the next Business Day; or
- If within Kenya, sent by first class pre-paid post, in which case it shall be deemed to have been given two Business Days after the date of posting; or
- If from or to any place outside Kenya, sent by pre-paid airmail, or by air courier in which case it shall be deemed to have been given seven Business Days after the date of posting in the case of airmail or two Business Days after delivery to the courier, in the case of air courier;
- Sent by facsimile, in which case it shall be deemed to have been given when dispatched, subject to confirmation of uninterrupted transmission by a transmission report provided that any notice dispatched by facsimile after 17.00 hours on any Business Day or at any time on a day which is not a Business Day shall be deemed to have been given at 08.00 on the next Business Day; or
- Sent by electronic mail, in which case, it shall be deemed to be given when received but subject to the same provisions regarding receipt after 17.00 hours as apply to notices sent by Facsimile.
1.16 Governing law and Jurisdiction
- Your use of the Website and the purchase of any products or services from it are governed in accordance with the laws of Kenya.
- The Kenya courts shall have exclusive jurisdiction over any dispute or difference whatsoever arising out of or in connection with your use of the web site or the purchase of any products or services from it.
Specific Terms and Conditions – Fenesi.com
2.1 These Specific Terms and Conditions are applicable to transactions made through the Fenesi.com website at http://www.fenesi.com and subsidiary pages
- “Fenesi”, “we”, “us” or “ourselves” means Fenesi Media whose registered office is at Muguga Green Road, Nairobi County, Kenya.
- All orders that you place through this Website are deemed to be an offer by you to purchase the products or services that we supply subject to these Terms and are subject to acceptance of the order by ourselves. We may chose not to accept any order without providing a reason.
- You are presented with a range of choices during the ordering process. It is your responsibility to ensure that you read and understand these choices before you proceed with any purchase. Please contact us during usual Kenya office hours if you are unsure about anything before you proceed with a purchase (please note that while we endeavour to respond to enquiries promptly, we cannot guarantee to do so. It remains your responsibility to take advice about the product you intend to order before the order is placed)
2.4 What you receive
- Fenesi are specialist online companies formation and we make use of electronic filing facilities available from the Registrar of Companies.
- Provided you have complied with the formalities necessary to purchase a company from us (as explained in more detail in the FAQ’s) the Registrar of Companies will generally complete the incorporation within approximately 2 weeks during normal working hours. However, we have no control over this process, which may take longer.
- You will also receive the documentation that we describe on the “Features” page accessible on our main menu navigation bar.
- In addition to the formation of the company and company documents described above, you may optionally order additional products depending upon the package you chose – Lite and Premium Plans, together with any associated products.
2.5 Services not included in product purchased by you from us online
- Our products do not include any of the following in respect of any of the packages we offer for sale online:
- Accountancy advisory services, tax advice, auditing of your books or other services not expressly mentioned. Please note that the maintenance of the statutory books of the company under the Printed, Privacy, Comprehensive or Ultimate packages does not include any of these services. You will need to arrange these separately and our associated firm of accountants, Daniel & Daniel Business Consultancy would be pleased to quote you for this.
- Any advice on the suitability or adequacy of any company you may purchase from us for your intended purposes.
- You are strongly advised to seek independent advice before you purchase a company from us. We assume that you have done so. If you have not yet taken such advice, please do not proceed with any purchase until you have done so.
2.6 Price of goods and Services
- The price for any goods or services that you purchase from us is as set out under the option you select and unless otherwise stated, all prices exclude VAT at the prevailing rate.
- The total purchase price, including VAT, if any, will be displayed in your shopping cart prior to confirming the order.
- We reserve the right periodically to update the prices on the Website and to add to, amend, or withdraw the products and services that we offer, without prior notice. Every effort is made to ensure that the prices are correct, but in the event of serious error, any transaction shall be voidable by us and you would then be entitled to a full refund.
- We shall not be liable to anyone for withdrawing or amending any of the products we sell, or for refusing or failing to process an order.
2.7 Renewals of Registered Office and Service Address
- If payment for renewal of the Service has not been received on or before the anniversary of the date on which the previous payment was received you will be deemed irrevocably to have authorised us (and to have irrevocably consented to our so doing) to change, with immediate effect, the registered office of the Company to your residential address or to such other address previously notified to us by you for this purpose.
- If payment for renewal of the Service has not been received on or before the anniversary of the date on which the previous payment was received you will be deemed irrevocably to have authorised us (and to have irrevocably consented to our so doing) to change, with immediate effect, the Director’s Service Address to your residential address or to such other address previously notified to us by you for this purpose.
2.8 Incorporation of General Terms and Conditions
- These Specific Terms and Conditions must be read together with the General Terms and Conditions above. The General Terms and conditions apply to any agreement between us and to your use of the Website generally, including for the avoidance of doubt, Clause 1.16, the jurisdiction and governing law clause.
2.9 Refund Policy
- Should you purchase your company registration service and change your mind before submission to Company Registry we will refund all monies paid to us. Refunds cannot be given once the Memorandum & Article of Association has been prepared. Other products will be refunded provided we are notified within two weeks of the purchase taking place.
- No refunds are available in respect of parts of a package.
- The website refund policy will not take effect in any of the following events:
i). If you purchased a “Lite or Premium Plan Package”.
ii). If you have approved your website design.
iii). If work was commenced on one of your samples and 2 or more website design changes were effected at your request.
iv). If the party for whom the website is being designed closes, or changes its name, or changes its activity.
v). If the project was cancelled for reason(s) unrelated to the website design of Cherimoya Solutions Ltd.
vi). If you do not communicate with Cherimoya Solutions Ltd for more than 30 days following the submission of the website design.
vii). If other design companies were hired to work on the same website design project at the same time.
2.10 Proof of Identity
- As company service providers, the solicitor general has introduced new rules that all business owners or company directors should provide proof of identity. We will request you to email us your identification documents such as copy of ID or Passport, KRA PIN Certificate and Passport Photo as proof of identity.
2.11 Ready Made Companies
- Once a readymade company has been transferred away from us the customer is responsible for all filing obligations with immediate effect.
2.12 Payment Terms
A) The Customer must pay the amount shown on the invoice (Lite Plan or Premium Plan) in full by Lipa Na Mpesa or Bank Transfer before Due Date. Failed Mpesa payments, cheque payment or bank transfer (for whatever reason) will be subject to a Ksh. 500 charge. If payment is not done within 30 days of Due Date on Invoice, Fenesi may instruct a debt collection agency to collect the payment on its behalf.
B) In the event that payment cannot be made by Bank Transfer or Lipa Na Mpesa, the Customer must pay the Charges in full (without deduction or set off) within 14 days of the date of any invoice issued by Fenesi (“Due Date”). Time for payment of the Charges shall be of the essence. Invoices paid by means other than Lipa na Mpesa or Bank Transfer will be subject to a Ksh. 500 charge.
C) Unless otherwise stated all Charges are exclusive of value added tax which, where applicable, will be added to the invoice at the prevailing rate.
D) Invoices shall be provided to the Customer electronically. Paper invoices will be provided on request, however, Fenesi reserves the right to require the Customer to pay a reasonable sum to cover the cost of providing invoices.
E) If the Customer does not pay any amount due by the Due Date, Fenesi may instruct a debt collection agency to collect payment (including any late interest and/or late payment charges) on its behalf. If Fenesi instructs such an agency, the Customer must pay an additional charge, not to exceed the reasonable costs Fenesi incurs in instructing the agency. This charge will be added to the Customer’s outstanding debt by the agency.
F) Fenesi may, without notice, withhold any payments due to the Customer under the agreement between Fenesi and the Customer if:
- Fenesi has reason to believe the Customer is in breach of the agreement; and
- the Customer is conducting its business or using a Service illegally or for an illegal purpose.
G) Fenesi reserves the right to set off any sums owing from the Customer to Fenesi against any sums owing from Fenesi to the Customer
H) You are required to only make payment for registration services through the official payment channel listed on our website. We do not accept cash payment.
I) Our official payment channels are as follows;
- Pay Using Lipa Na Mpesa or Buy Goods – Till Number 975966
- Pay Using Bank Transfer
Bank Name: Co-operative Bank
Account Name: Dealpoa Service
Account number: 01109201108000
Branch: Parliament Road
BIC Code: KCOOKENA