Service Delivery Terms

DOCNDATA CONSULTING LIMITED

PAYMENT, TRAINING DELIVERY AND SERVICE DELIVERY TERMS AND CONDITIONS

Email: info@docndata.co.ke
Phone: +254 790 787 300

1. General

These Payment, Training Delivery and Service Delivery Terms and Conditions (“Terms”) apply to all consultancy, training, capacity-building, professional development, self-paced learning and related services (“Services”) provided by Docndata Consulting Limited (“Docndata”) to its clients, participants, organisations or other contracting parties (“Client”).

By enrolling for a course, booking a training programme, engaging Docndata for consultancy services, accepting a proposal or quotation, making a payment, or otherwise engaging Docndata for Services, the Client agrees to be bound by these Terms, together with any applicable proposal, quotation, service agreement, statement of work or other written agreement.

Where a specific service agreement contains terms that differ from these Terms, the specific written agreement shall take precedence to the extent of the inconsistency.

2. Fees and Pricing

• All fees are quoted in Kenya Shillings (Ksh.), unless otherwise stated.
• Pricing may be based on:
  • An hourly rate;
  • A daily rate;
  • A project or consultancy fee;
  • A training programme fee;
  • A fee per participant; or
  • Any other pricing arrangement specified in the applicable proposal, quotation or service agreement.
• Prices are exclusive of applicable taxes, which will be added to the invoice where required by law.
• Docndata reserves the right to review its fees and rates from time to time.
• Where a Client is required to re-enrol or recommence a course or project after cancellation or expiry under these Terms, the current applicable Docndata rates at the time of re-enrolment shall apply.

3. Invoicing and Payment Terms

Invoices may be issued upon:

• Completion of a service milestone;
• Commencement of a training programme or training session;
• End of each month for ongoing consultancy or other services;
• Confirmation of a training booking;
• Or as otherwise specified in the applicable service agreement.

Payment Due Date

• A minimum 60% deposit shall be payable before or on the date of the invoice, unless otherwise agreed in writing.
• The remaining balance shall be payable within ninety (90) days from the invoice date, unless otherwise agreed in writing.
• For certain training programmes, short courses, individual enrolments or scheduled sessions, full payment may be required before training commences.
• Failure to comply with the agreed payment schedule may result in suspension or cancellation of the Services.

Accepted Payment Methods

Payments may be made through:

• Bank transfer – details provided on the invoice;
• Mobile money – details provided on the invoice;
• Any other payment method agreed to in writing by Docndata.

All payments must reference the relevant invoice number and Client/participant name.

4. Training and Consultancy Delivery Methods

Docndata may deliver training and consultancy projects through one or more of the following delivery methods:

4.1 In-Person Delivery

Training, workshops, consultancy engagements and corporate programmes may be delivered physically at:

• Docndata premises;
• The Client’s premises;
• An agreed training venue; or
• Any other location agreed upon by the parties.

4.2 Virtual/Online Delivery

Training and consultancy services may be delivered remotely using an online meeting, learning or communication platform designated by Docndata.

Participants are responsible for having appropriate:

• Internet connectivity;
• Computer or compatible device;
• Audio and video equipment where required;
• Software or platform access; and
• A suitable environment for participation.

Technical difficulties attributable to the Client or participant’s equipment, internet connection or local environment shall not automatically entitle the Client to a refund or replacement session.

4.3 Self-Paced Learning (SPL)

Docndata may provide courses through Self-Paced Learning (SPL), allowing participants to access learning materials, recorded content, assignments, assessments or other resources within the applicable learning period.

SPL access may be subject to:

• A defined access period;
• Course completion deadlines;
• Specific assessment requirements;
• Platform availability; and
• Other requirements communicated during enrolment.

Unless otherwise agreed in writing, enrolment in an SPL programme does not constitute unlimited or permanent access to the course materials.

5. Standard Training Delivery Timings

Unless otherwise agreed in writing, Docndata’s standard training schedules shall operate according to East Africa Time (EAT) as follows:

• Specific training dates and schedules shall be communicated during enrolment or booking.
• Docndata may adjust training dates or times where reasonably necessary, provided that the Client/participants are informed.
• Special schedules outside the standard delivery hours may be agreed upon subject to availability and applicable charges.
• Participants are expected to attend sessions at the scheduled time. Late arrival, early departure or absence does not automatically entitle a participant to a refund or replacement session.

6. Training Programme Completion Period

Unless a different completion period is expressly stated in the applicable course or service agreement:

• A participant enrolled in a training course shall be required to complete the course within twelve (12) months from the date of enrolment or commencement of the programme.
• The twelve-month period includes the participant’s attendance, learning activities, assessments, assignments and any other requirements necessary for completion of the course.
• Where a participant fails to complete the enrolled course within the twelve-month period, the enrolment may be considered expired and the training project may be cancelled.
• If the participant wishes to continue or recommence the course after expiry, the participant may be required to re-enrol and pay the applicable current course/training fees at the rates prevailing at the time of re-enrolment.
• Any previously paid fees shall not automatically be carried forward to a new enrolment after expiry unless Docndata agrees otherwise in writing.
• Extensions to the twelve-month completion period may be granted at Docndata’s discretion and should be requested in writing before the expiry of the applicable completion period.

7. Participant Attendance and Engagement

Participants are expected to:

• Attend scheduled training sessions;
• Participate actively in learning activities;
• Complete assignments and assessments within the required timelines;
• Maintain reasonable communication with Docndata;
• Respond to requests relating to course administration, scheduling, assessments or project delivery; and
• Comply with any reasonable training or programme requirements communicated by Docndata.

Failure to participate in the programme does not automatically suspend the applicable payment obligations or extend the course completion period.

8. Client Communication and Responsiveness

Effective communication is an essential part of training and consultancy project delivery.

The Client/participant is expected to remain reasonably responsive to Docndata communications concerning:

• Training schedules;
• Project activities;
• Meetings;
• Required information or documentation;
• Assessments and course requirements;
• Payment matters;
• Consultancy deliverables; and
• Other matters necessary for delivery of the Services.

Where a Client or participant becomes unresponsive to Docndata communications for a prolonged period, fails to provide information required to proceed, or otherwise prevents the reasonable continuation of the project, Docndata may suspend or cancel the affected training or consultancy project.

Where a project is cancelled due to prolonged non-responsiveness, any future continuation or reactivation may be treated as a new engagement, and the Client/participant may be required to pay the applicable current rates before services recommence.

9. Project Suspension and Cancellation for Non-Payment

Docndata reserves the right to suspend or cancel a training or consultancy project where:

• The Client fails to make payments according to the agreed payment schedule;
• An invoice remains unpaid after the applicable due date;
• The required deposit or prepayment has not been received;
• The Client repeatedly fails to honour agreed payment arrangements; or
• The Client otherwise materially breaches the applicable payment terms.

Where a project is cancelled because of non-payment, Docndata may require the Client or participant to settle outstanding amounts and, where applicable, enter into a new engagement at the current rates before services are recommenced.

Cancellation or suspension of Services due to non-payment does not automatically waive amounts that have already become due and payable.

10. Late Payments

Payments not received by the applicable due date may result in:

• A late fee of 1.5% per month, or the maximum amount permitted by applicable law, on the overdue amount;
• Suspension of training, consultancy or other Services;
• Withholding of deliverables, reports, certificates or other project outputs, where legally permissible;
• Cancellation of the affected project or training programme; and
• Recovery of reasonable collection costs, including applicable legal costs, associated with recovering overdue amounts.

11. Deposits and Prepayments

• Certain services, consultancy projects or training programmes may require a non-refundable deposit, typically between 30% and 60%, to confirm a booking or commence work.
• A deposit may be used to secure trainer/consultant availability, venue arrangements, learning resources, administration and other project commitments.
• Except where otherwise agreed in writing or required by applicable law, deposits are generally non-refundable.
• Any excess amount paid to Docndata may be refunded within ninety (90) days following a written refund request, subject to verification and any applicable contractual deductions.

12. Cancellations and Refunds

12.1 Client-Initiated Cancellations

• Cancellation of a training programme, consultancy engagement or scheduled service must be submitted in writing.
• Cancellations made less than seven (7) days before the scheduled commencement date may result in the Client being charged the full applicable fee.
• Deposits and prepayments are generally non-refundable unless otherwise stated in writing or required by applicable law.
• Where resources, trainers, consultants, venues or other project arrangements have already been committed, the Client may remain liable for applicable costs.

12.2 Docndata-Initiated Cancellations

If Docndata is required to cancel a confirmed training session or service for reasons attributable to Docndata, the Client may, subject to the circumstances:

• Reschedule the affected service at no additional service charge; or
• Receive a refund of amounts paid for the cancelled service where rescheduling is not reasonably possible.

13. Disputed Charges

• Any invoice dispute must be raised in writing within seven (7) days of the invoice date.
• The dispute should clearly identify the invoice, amount and specific item being disputed.
• Failure to raise a dispute within the specified period may result in the invoice being treated as accepted, subject to applicable law.
• A dispute does not suspend the Client’s obligation to pay undisputed amounts when they become due.

14. Consultancy Project Delivery

For consultancy projects, Docndata shall deliver the agreed Services and deliverables according to the applicable proposal, statement of work, project plan or service agreement.

The Client shall:

• Provide accurate and timely information reasonably required for project delivery;
• Make relevant personnel available where necessary;
• Provide access to agreed facilities, systems, information or stakeholders where applicable;
• Review and provide feedback on deliverables within agreed timelines; and
• Make payments according to the agreed payment schedule.

Where delays are caused by the Client’s failure to provide required information, approvals, access, feedback or payment, the project timeline may be adjusted accordingly.

15. Training Materials, Certificates and Deliverables

Where applicable, Docndata may provide:

• Training materials;
• Course notes;
• Digital learning resources;
• Assessments;
• Certificates of completion or participation;
• Consultancy reports;
• Project deliverables; or
• Other outputs specified in the applicable service agreement.

Certificates and final deliverables may be withheld where payment obligations remain outstanding, subject to applicable law and the terms of the relevant agreement.

Completion of training and eligibility for certification may also depend on meeting the applicable attendance, assessment, assignment and other programme requirements.

16. Currency and Exchange

• Where payment is made in a currency other than the currency stated on the invoice, exchange-rate fluctuations and applicable transaction or bank charges shall be the responsibility of the Client.
• Docndata must receive the full invoiced amount, net of applicable conversion, intermediary-bank or other payment charges.
• Any shortfall resulting from currency conversion or transaction charges shall remain payable by the Client.

17. Amendments to These Terms

Docndata reserves the right to update or amend these Payment, Training Delivery and Service Delivery Terms from time to time.

Updated Terms may be communicated through the Docndata website, email, proposals, service agreements or other appropriate communication channels.

For existing engagements, any material amendment affecting agreed contractual obligations shall be subject to the applicable agreement and applicable law.

18. Acceptance of Terms

By registering for a Docndata training programme, engaging Docndata for consultancy services, accepting a quotation or proposal, making a payment, attending a training programme, or otherwise commencing the Services, the Client confirms that they have read, understood and accepted these Terms.

Where a Client requires clarification of any provision, such clarification should be requested before payment or commencement of the relevant Services.

19. Contact for Billing, Training and Service Inquiries

For billing, training delivery, scheduling, consultancy or other service-related inquiries, please contact:

Docndata Consulting Limited
Email: info@docndata.co.ke
Phone: +254 790 787 300

East Africa Time (EAT): UTC+3