Terms of Service
Legal terms governing our architectural and construction services, website usage, and client relationships.
Agreement to Terms
Welcome to Asham Design & Construction Ltd ("Company," "we," "our," "us"). These Terms of Service ("Terms") govern your access to and use of our website, services, and construction projects, including all architectural design, construction management, and material supply services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access our Services. These Terms constitute a legally binding agreement between you and Asham Design & Construction Ltd, in compliance with the laws of the Republic of Kenya.
1. Description of Services
Asham Design & Construction Ltd provides the following services:
Architectural Design
- Residential and commercial building design
- 3D visualization and rendering
- Planning permission assistance
- Interior design services
- Landscape architecture
Construction Services
- Project management
- Site supervision
- Structural engineering
- Quality control
- Health and safety compliance
Material Supply
- Building materials procurement
- Quality-assured products
- Nationwide delivery
- Trade pricing
- Stock management
Consultancy
- Feasibility studies
- Environmental impact assessment
- NEMA compliance
- Cost estimation
- Project documentation
2. Client Responsibilities
Site Access
Clients must provide reasonable access to the construction site for surveys, inspections, and construction work during normal working hours.
Information Accuracy
Clients are responsible for providing accurate site information, property documents, and project requirements.
Permits and Approvals
While we assist with applications, clients are responsible for obtaining necessary permits from local authorities (NCA, county governments).
Payment Obligations
Clients must make timely payments as specified in project contracts and invoices.
3. Project Contracts and Engagements
Contract Formation
All construction projects require a separate written contract that will:
- Define scope of work and specifications
- Establish project timeline and milestones
- Specify payment terms and schedule
- Detail warranty provisions
- Include NCA-required clauses
- Address dispute resolution mechanisms
NCA Compliance
All contracts comply with the National Construction Authority (NCA) regulations and include mandatory provisions regarding:
4. Payment Terms
Deposit
30-50% deposit required for material procurement and project mobilization
Milestone Payments
Progress-based payments tied to completed construction phases
Retention
5-10% retention held until project completion and defects liability period
Late payments may incur interest at 1.5% per month and may result in work suspension until payments are current.
5. Intellectual Property Rights
All architectural drawings, designs, plans, specifications, and related materials created by Asham Design & Construction Ltd remain our intellectual property.
What You Own
- • Physical structures built
- • Final constructed project
- • Personal project data
What We Retain
- • Copyright in drawings and designs
- • Construction methodologies
- • Technical specifications
Drawings and designs may not be reproduced or used for other projects without our written consent, as protected under the Copyright Act of Kenya.
6. Limitation of Liability
To the maximum extent permitted by Kenyan law:
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability shall not exceed the amount paid for the specific service giving rise to the claim
- We are not responsible for delays caused by circumstances beyond our reasonable control
- Site conditions discovered during construction may require contract adjustments
We maintain professional indemnity insurance and public liability insurance as required by NCA regulations.
7. Warranties
Our Warranties
- Workmanship will meet industry standards
- Materials will be of good quality
- Construction will comply with approved plans
- We hold valid NCA licenses and permits
Warranty Exclusions
- Normal wear and tear
- Damage from misuse or neglect
- Unauthorized modifications
- Force majeure events
8. Termination
Either party may terminate a project contract:
- For cause, with 14 days written notice to cure breach
- Immediately for safety violations or illegal activities
- By mutual written agreement
Upon termination, client shall pay for all work completed and materials procured up to the termination date.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya, specifically the courts in Kakamega or Nairobi.
10. Dispute Resolution
Any dispute arising from these Terms or our Services shall be resolved through:
11. Contact Us
For questions about these Terms, please contact us:
Phone
+254 712 575 077Address
1st Floor Ambwere Plaza
Room 101, Kakamega
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.