Terms & Conditions

CRES Dynamics is a digital innovation company operating through cresdynamics.com, specializing in custom software, ERP systems, web platforms, and AI-powered solutions.

By engaging our services, submitting a project inquiry, signing a proposal, or making any payment to CRES Dynamics, the client agrees to be fully bound by these Terms and Conditions.

All project scopes are defined in a Statement of Work (SOW) or signed project proposal. The SOW takes precedence over verbal agreements.

• Services are limited to what is outlined in the agreed SOW or proposal.
• Additional features or revisions beyond agreed limits constitute a Change Request and will be separately quoted.
• CRES Dynamics may subcontract portions of work to vetted third parties while maintaining full accountability.
• The Client must provide required assets, credentials, and content within agreed timelines. Client-caused delays adjust project timelines accordingly.

All fees are quoted in KES, ZAR or USD as specified in the proposal. Quoted prices exclude VAT unless stated otherwise.

• Refunds: Deposits are non-refundable once development commences. Cancellation after work starts incurs charges proportional to work completed.
• Payment Methods: EFT, M-Pesa, PayFast, PayPal, Stripe, or any method agreed in writing.
• Disputed Invoices: Must be raised in writing within 5 business days. Undisputed amounts remain due regardless.
• Third-party Costs: Hosting, domain, and API fees are billed separately or included at cost.

• The Client warrants that all provided assets and content are owned by the Client or used with proper authorization.
• CRES Dynamics may display completed projects in its portfolio unless the Client requests confidentiality in writing prior to commencement.
• IP transfers only upon full payment settlement — no partial IP transfers apply.

Both parties may be exposed to proprietary or sensitive information during the engagement. Both parties agree to mutual confidentiality obligations.

• Confidential Information includes: business strategies, source code, product roadmaps, client databases, financial data, system architecture, and any information marked confidential.
• Obligation: Neither party shall disclose, reproduce, or use the other party's confidential information outside the agreed scope without prior written consent.
• Duration: Confidentiality obligations remain in force for 3 years from engagement conclusion, unless a separate NDA specifies otherwise.
• Exclusions: Publicly available information, independently developed information, or legally required disclosures are excluded.
• Team Members: All CRES Dynamics employees and subcontractors working on client projects are bound by equivalent confidentiality obligations.

CRES Dynamics complies with applicable data protection laws including the Kenya Data Protection Act and, where applicable, the GDPR.

• Data Minimization: We collect only data necessary to deliver agreed services.
• Secure Storage: Client data is stored on encrypted servers accessible only to authorized personnel.
• No Selling of Data: We never sell, trade, or share client data for commercial purposes.
• Access Credentials: Any credentials shared with CRES Dynamics are used solely for project purposes and deleted or returned upon completion.
• Breach Notification: We notify affected clients within 72 hours of becoming aware of a data breach.
• Client Responsibilities: Clients are responsible for their own system security. We are not liable for breaches resulting from client-side failures.

Timelines are agreed in the project proposal. CRES Dynamics makes every reasonable effort to meet deadlines, which are estimates unless explicitly stated as hard deadlines in the SOW.

• Client Delays: Failure to provide content, feedback, or approvals within agreed timeframes adjusts the project timeline accordingly.
• Revisions: Projects include revision rounds as defined in the proposal. Additional revisions are billed at our hourly rate.
• Acceptance Testing: The Client has 7 business days post-delivery to test and provide feedback. Silence after this period constitutes acceptance.
• Handover: Final files, source code, and documentation are delivered upon receipt of final payment.
• Force Majeure: We are not liable for delays caused by events beyond our reasonable control.

CRES Dynamics warrants all services will be performed with reasonable skill and care, and deliverables will materially conform to agreed specifications at delivery.

• We do not guarantee specific business outcomes, revenue, or performance metrics for any product built.
• We do not warrant uninterrupted operation of software once the client controls hosting and infrastructure.
• Third-party integrations are subject to their own terms. We are not liable for third-party failures or policy changes.

• By Client: 14 days written notice required. The Client remains liable for all work completed and costs incurred up to termination.
• By CRES Dynamics: 14 days written notice if the Client breaches terms, fails to pay, or makes continuation unreasonable.
• Immediate Termination: Either party may terminate immediately for material breach including non-payment, confidentiality violation, or fraud.
• Upon Termination: Each party returns or destroys the other's confidential information. Outstanding payments become immediately due.
• Surviving Clauses: Confidentiality, IP ownership, payment obligations, and liability limitations survive termination.

• Step 1 — Negotiation: Written notice of dispute. 14 days to resolve through direct negotiation.
• Step 2 — Mediation: If unresolved, non-binding mediation by a mutually agreed mediator within 30 days.
• Step 3 — Legal: Referral to a competent court or arbitration as agreed.

Additional terms applying to all AI-related products and services:

• No Guaranteed Outcomes: AI systems are probabilistic. CRES Dynamics does not guarantee accuracy rates or prediction results.
• Human Oversight Required: Clients using AI for consequential decisions must ensure appropriate human oversight.
• Bias Disclaimer: AI models may reflect biases in training data. Clients must conduct their own fairness assessments for regulated use cases.
• Client Data for Training: Unless explicitly agreed, client-specific data will not be used to train AI models beyond the scope of the delivered product.
• Regulatory Compliance: Clients are responsible for ensuring AI usage complies with applicable AI regulations.

• Entire Agreement: These T&Cs and any signed SOW constitute the entire agreement, superseding all prior communications.
• Amendments: CRES Dynamics may update these terms with 14 days notice. Continued engagement constitutes acceptance.
• Severability: If any clause is unenforceable, remaining clauses continue in full force.
• No Waiver: Failure to enforce any provision does not waive the right to enforce it in future.
• Independent Contractor: CRES Dynamics operates as an independent contractor. No employment, partnership, or agency relationship is created.
• Non-Solicitation: Clients may not directly solicit or hire CRES Dynamics team members who worked on their project for 12 months after project completion.
• Communication: Formal communications must be in writing via email or registered mail.