Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you") and Gen116 Consult ("Company", "we", "us"), a technology consulting firm registered and operating under the laws of the Republic of Ghana. By accessing our website or engaging our services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must discontinue use of our platform and services immediately.

2. Services

Gen116 Consult provides technology consulting, software development, web and mobile application development, and related digital services. The specific scope, deliverables, timelines, and fees for any engagement shall be defined in a separate project brief, proposal, or statement of work ("SOW") agreed upon by both parties.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with reasonable notice to active clients.

3. Project Briefs and Engagement

Submitting a project brief through our platform does not constitute a binding contract. A contractual relationship is formed only upon mutual written agreement (including digital acceptance) on the project scope, fees, and timeline.

All project briefs and related communications are treated as confidential in accordance with Section 28 of the Data Protection Act, 2012 (Act 843) of Ghana.

4. Client Obligations

As a client, you agree to: (a) provide accurate, complete, and timely information necessary for the execution of the project; (b) respond to requests for feedback, approvals, and materials within reasonable timeframes; (c) ensure that all content, materials, and data you provide do not infringe upon any third-party intellectual property rights or violate Ghanaian law; (d) make payments in accordance with the agreed schedule.

5. Fees and Payment

All fees shall be as quoted in the agreed proposal or SOW. Unless otherwise stated, prices are quoted in United States Dollars (USD) or Ghanaian Cedis (GHS). Payment terms are Net 15 from the date of invoice unless otherwise agreed.

Late payments may incur interest at the rate of 2% per month on the outstanding balance, in accordance with commercial practices in Ghana. We reserve the right to suspend work on any project for which payment is overdue by more than thirty (30) days.

All applicable taxes, including Value Added Tax (VAT) as required by the Ghana Revenue Authority (GRA), shall be borne by the client unless otherwise specified.

6. Intellectual Property

Upon full and final payment of all fees, the client shall own the intellectual property rights to the final deliverables, unless otherwise specified in the SOW. Gen116 Consult retains the right to use general knowledge, skills, techniques, and experience gained during the project.

We reserve the right to showcase completed work in our portfolio and case studies unless the client provides written objection. Pre-existing intellectual property, frameworks, and tools owned by Gen116 Consult remain our property and are licensed to the client for the purposes of the project only.

7. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information exchanged during the course of the engagement. This obligation survives the termination of the business relationship and is enforceable under the laws of Ghana.

Confidential information shall not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party; (c) is independently developed; or (d) is required to be disclosed by law or court order.

8. Data Protection

We process all personal data in compliance with the Data Protection Act, 2012 (Act 843) of Ghana. For details on how we collect, use, and protect your data, please refer to our Privacy Policy.

By engaging our services, you consent to the processing of your personal data as described in our Privacy Policy and in accordance with applicable Ghanaian data protection law.

9. Warranties and Disclaimers

Gen116 Consult warrants that all services will be performed with reasonable skill and care, consistent with industry standards. We do not warrant that our services will be uninterrupted, error-free, or that all defects will be corrected.

Except as expressly stated in these Terms or a SOW, all warranties, representations, and conditions, whether express or implied (including fitness for a particular purpose), are excluded to the fullest extent permitted by Ghanaian law.

10. Limitation of Liability

To the maximum extent permitted by the laws of Ghana, Gen116 Consult's total liability for any claim arising from or related to our services shall not exceed the total fees paid by the client for the specific project giving rise to the claim.

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, regardless of the cause of action.

11. Termination

Either party may terminate an engagement by providing thirty (30) days' written notice. Upon termination: (a) the client shall pay for all work completed up to the date of termination; (b) Gen116 Consult shall deliver all completed deliverables and work-in-progress; (c) any licenses granted shall continue for deliverables paid for in full.

Gen116 Consult may terminate an engagement immediately if the client is in material breach of these Terms, including non-payment beyond sixty (60) days.

12. Force Majeure

Neither party shall be liable for delays or failure to perform obligations due to circumstances beyond reasonable control, including but not limited to natural disasters, government actions, power failures, internet outages, pandemics, or civil unrest.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Ghana. Any dispute arising from or related to these Terms shall first be subject to good-faith negotiation between the parties.

If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be submitted to arbitration under the Alternative Dispute Resolution Act, 2010 (Act 798) of Ghana. The arbitration shall take place in Sekondi-Takoradi, Western Region, Ghana, and shall be conducted in English.

Nothing in this clause prevents either party from seeking injunctive or equitable relief from the courts of Ghana where necessary.

14. Amendments

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised date. Continued use of our services after such changes constitutes acceptance of the modified Terms.

15. Contact

For any questions regarding these Terms, please contact: Gen116 Consult, Mpohor, Western Region, Ghana. Email: legal@gen116.com.