Terms and Conditions

By accessing and using the website https://www.afisolutions.co.ke(“Website”) and engaging the services of AFI Solutions Ltd(“AFI Solutions,” “we,” “our,” or “us”), you (“Client,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”), our Privacy Policy, and any additional terms referenced herein. If you do not agree, please do not use our Website or services.

AFI Solutions provides professional accounting, tax, payroll, and financial advisory services including, but not limited to:

• Bookkeeping and financial record maintenance
• Tax compliance, filing, and advisory
• Payroll processing and statutory deductions
• Outsourced CFO and financial management
• Internal controls review and risk assessment
• Audit support and preparation
• Accounting software setup and training (QuickBooks, Xero)

The specific scope of services is defined in the engagement letter or service agreement signed by both parties.

3.1 Engagement Letters

All professional services are governed by a signed engagement letter that outlines:

• Scope of services
• Fees and billing arrangements
• Timelines and deliverables
• Responsibilities of both parties
• Termination provisions

3.2 Fees and Payment

• Fees are quoted in Kenyan Shillings (KES) unless otherwise agreed.
• Invoices are payable within 30 days of receipt.
• Late payments may incur interest at 2% per month.
• We reserve the right to suspend services for overdue accounts.
• Expenses incurred on your behalf (filing fees, travel, etc.) are billed separately.

3.3 Fee Changes

We may adjust fees annually with 30 days’ written notice. Continued engagement constitutes acceptance of revised fees.

You agree to:

• Provide accurate, complete, and timely information and documents
• Maintain proper books and records as required by Kenyan law
• Inform us of all material changes in your business
• Respond promptly to our requests for information
• Comply with all applicable Kenyan laws and regulations
• Not use our work product for unlawful purposes

We are bound by professional confidentiality obligations under the Accountants Act (Cap 531) and ICPAK Code of Ethics. We will not disclose your confidential information without your consent, except:

• Where required by law or regulatory authority (e.g., KRA, ODPC, Courts)
• To our professional advisors (lawyers, auditors) under confidentiality
• To protect our legal rights

This obligation survives termination of our engagement.

• All deliverables, reports, and work product created for you become your property upon full payment.
• Our methodologies, templates, tools, and internal processes remain our proprietary property.
• Website content, branding, and design are owned by AFI Solutions and protected by copyright.

To the maximum extent permitted by Kenyan law:

• Our aggregate liability for any claim shall not exceed the total fees paid by you in the 12 months preceding the claim.
• We are not liable for indirect, consequential, or punitive damages (lost profits, data loss, business interruption).
• We are not liable for penalties or interest arising from your failure to provide timely information.

Nothing in these Terms limits liability for fraud, gross negligence, or death/personal injury caused by our negligence.

You agree to indemnify and hold AFI Solutions harmless from any claims, losses, or damages arising from:

• Your breach of these Terms
• Inaccurate or incomplete information you provide
• Your violation of applicable laws
• Third-party claims related to your business activities

AFI Solutions is regulated by the Institute of Certified Public Accountants of Kenya (ICPAK). Our practitioners hold valid practicing certificates. We comply with:

• Accountants Act (Cap 531)
• ICPAK Code of Ethics
• International Standards on Auditing (ISA)
• International Financial Reporting Standards (IFRS)
• Kenya Data Protection Act, 2019
• Tax Procedures Act, 2015

10.1 License

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes.

10.2 Restrictions

You may not:

• Copy, modify, or distribute Website content without permission
• Use automated tools to scrape or extract data
• Interfere with Website security or functionality
• Use the Website for any unlawful purpose

10.3 Availability

We strive for continuous availability but do not guarantee uninterrupted access. We may suspend access for maintenance or updates.

• Either party may terminate the engagement with 30 days’ written notice.
• We may terminate immediately for non-payment, breach of Terms, or conflict of interest.
• Upon termination, you must pay for all services rendered to date.
• We will return your original documents within 14 days of final payment.
• Confidentiality and IP provisions survive termination.

Neither party is liable for failure or delay due to events beyond reasonable control (natural disasters, pandemics, government actions, strikes, etc.). The affected party shall notify the other promptly.

1. Negotiation: Parties shall attempt good-faith negotiation within 30 days of notice.
2. Mediation: If unresolved, submit to mediation under the Nairobi Centre for International Arbitration (NCIA) rules.
3. Arbitration: Failing mediation, refer to binding arbitration in Nairobi, Kenya, in English.
4. Courts: Kenyan courts have non-exclusive jurisdiction for injunctive relief.

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.

• Entire Agreement: These Terms, the engagement letter, and Privacy Policy constitute the entire agreement.
• Amendments: We may update these Terms; continued use constitutes acceptance.
• Severability: If any provision is invalid, the remainder remains enforceable.
• Waiver: Failure to enforce a right does not waive it.
• Assignment: You may not assign these Terms without our written consent.
• Notices: Notices via email to your registered address are deemed received.

For questions about these Terms, contact us:

• Email: info@afisolutions.co.ke
• Phone: +254 794 163 173
• Address: Nairobi, Kenya