SmartDev ERP — Enterprise Legal Documentation
Table of Contents
Terms of Use
1.1 Acceptance & Definitions
These Terms of Use ("Terms") constitute a legally binding agreement between you ("School", "Institution", "User") and SmartDev (operated by Melton Konchella, Founder & Developer) ("SmartDev", "we", "us", "our"), the developer and operator of the SmartDev school ERP platform accessible at smartdev.co.ke and its subdomains.
By accessing, registering for, or using any part of the SmartDev platform — including the web application, Android mobile application, Windows desktop application, or any API endpoint — you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.
If you are entering into these Terms on behalf of a school, educational institution, or organisation, you represent and warrant that you have the authority to bind that entity to these Terms.
- "Platform" — the SmartDev school ERP software, including all web, mobile and desktop clients, APIs, and related services.
- "School Data" — all data submitted to the Platform by the School, including student records, staff records, financial records, and institutional data.
- "Users" — administrators, teachers, staff, parents, and students authorised by the School to access the Platform.
- "Subscription" — a paid licence to access the Platform under a selected plan (Starter, Standard, or Enterprise).
- "Confidential Information" — any non-public information disclosed by either party in connection with the Platform.
1.2 Access & Account Management
Access to the SmartDev Platform is granted on a per-institution basis. Each school receives a dedicated subdomain (e.g., yourschool.smartdev.co.ke) with complete data isolation from other institutions on the Platform.
The School is responsible for:
- Maintaining the security and confidentiality of all login credentials issued to its Users.
- Ensuring that all Users are made aware of and comply with these Terms.
- Promptly notifying SmartDev of any unauthorised access or suspected security breach.
- Revoking access for Users who leave the institution or no longer require system access.
- Ensuring all Users are appropriate for their assigned role (e.g., students only see the student portal).
1.3 Permitted Use
The SmartDev Platform is licensed solely for the purpose of school administration and management by registered Kenyan and East African educational institutions. Permitted uses include:
- Student enrolment, admissions, and lifecycle management.
- Academic management — timetables, subjects, marks, exams, report cards.
- Financial management — fee billing, invoicing, receipt generation, M-Pesa payment processing.
- Staff HR records, attendance, and departmental management.
- Boarding, transport, clinic, and welfare management.
- Parent and student communication via the integrated portals.
- Library, inventory, kitchen, and asset management.
- Report generation and institutional analytics.
1.4 Prohibited Actions
The following actions are strictly prohibited and may result in immediate suspension of access without refund:
- Attempting to reverse engineer, decompile, or extract the source code of the Platform.
- Using the Platform to process data on behalf of institutions other than the registered School without explicit written permission from SmartDev.
- Reselling, sublicensing, or otherwise transferring access to the Platform to third parties.
- Uploading malicious code, viruses, or scripts designed to disrupt, damage, or gain unauthorised access.
- Attempting to access data belonging to other schools on the Platform.
- Using automated bots, scrapers, or scripts to extract data in bulk without authorisation.
- Circumventing or disabling any security features, authentication mechanisms, or access controls.
- Using the Platform for any purpose that violates Kenyan law, including the Computer Misuse and Cybercrimes Act 2018.
- Processing data for any purpose other than legitimate educational administration.
1.5 School Content & Data Ownership
All School Data uploaded to or created within the Platform remains the exclusive property of the School. SmartDev claims no ownership over School Data and processes it solely as a data processor acting on the School's instructions.
SmartDev will not access, use, or disclose School Data except:
- As necessary to provide the Platform services.
- As directed by the School's authorised administrators.
- As required by applicable law or regulatory authority.
- To protect the security and integrity of the Platform.
Upon termination of the Subscription, Schools may export all their data in standard formats (CSV, PDF). Data will be retained for 90 days post-termination and then permanently deleted, unless an extended retention arrangement is agreed in writing.
1.6 Intellectual Property
SmartDev and its licensors retain all intellectual property rights in and to the Platform, including all software, designs, trademarks, logos, and documentation. Nothing in these Terms grants the School any rights in the Platform's intellectual property beyond the limited licence to use it as described herein.
The "SMART DEV" name and logo are trademarks of SmartDev (operated by Melton Konchella, Founder & Developer). Schools may not use SmartDev's name, logo, or trademarks without prior written consent.
1.7 Fees & Payment
Subscription fees are as published on the SmartDev pricing page and confirmed in your service agreement. All fees are in Kenyan Shillings (KES) unless otherwise agreed. Fees are payable monthly in advance by bank transfer, M-Pesa, or other methods as agreed.
SmartDev reserves the right to update pricing with 30 days' written notice. Price increases will not apply mid-subscription term for annual subscribers.
Late payment of more than 14 days may result in account suspension. Access will be restored within 24 hours of payment clearing.
1.8 Suspension & Termination
SmartDev may suspend or terminate the School's access to the Platform in the following circumstances:
- Non-payment of subscription fees for more than 30 days.
- Material breach of these Terms that is not remedied within 14 days of written notice.
- Use of the Platform in a manner that poses a security risk to the Platform or other users.
- Instruction from a relevant regulatory or law enforcement authority.
- Voluntary cancellation by the School with at least 30 days' written notice.
In the event of termination, the School will be provided with a full export of all School Data in CSV format within 7 business days of the termination date.
1.9 Limitation of Liability
To the maximum extent permitted by applicable law, SmartDev's total liability to the School for any claim arising under these Terms shall not exceed the total subscription fees paid by the School in the 12 months preceding the event giving rise to the claim.
SmartDev shall not be liable for indirect, incidental, consequential, special, or exemplary damages, including loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages.
SmartDev is a cloud tool. Schools remain responsible for their own data governance, compliance with the Kenya DPA 2019, and the accuracy of data entered into the Platform. SmartDev does not audit or validate data accuracy.
1.10 Changes to Terms
SmartDev may update these Terms from time to time. Material changes will be communicated by email to the School's registered administrator at least 30 days before they take effect. Continued use of the Platform after the effective date of updated Terms constitutes acceptance of those Terms.
Privacy Policy
SmartDev is committed to protecting the privacy of all individuals whose data is processed through the Platform, including students, parents, staff, and school administrators. This Privacy Policy describes how we collect, use, store, and protect personal data.
2.1 Data We Collect
SmartDev processes two categories of personal data: data submitted by the School and data collected automatically during Platform use.
Data submitted by Schools (School Data)
| Category | Examples | Purpose |
|---|---|---|
| Student identity | Full name, date of birth, gender, ID/birth cert number | Student enrolment and records management |
| Student academic | Marks, grades, report cards, exam results | Academic management and reporting |
| Student health | Medical conditions, clinic visits, medication records | Student welfare and health management |
| Guardian/parent | Name, phone number, email, relationship to student | Communication and fee management |
| Staff identity | Full name, ID number, employment details, role | HR and staff management |
| Financial | Fee balances, payment records, M-Pesa transaction data | Fee management and accounting |
| Photos | Student and staff passport photos | ID card generation and profile photos |
Data collected automatically
- Log data: IP addresses, browser type, device identifiers, pages visited, timestamps.
- Usage data: features used, session duration, error reports.
- Authentication data: login timestamps, failed login attempts.
- Performance data: response times, uptime metrics.
2.2 How We Use Personal Data
We process personal data for the following purposes:
- Service delivery — operating, maintaining, and improving the Platform for each School.
- Security — detecting and preventing fraud, abuse, and security incidents.
- Support — diagnosing technical issues and providing customer support.
- Legal compliance — meeting obligations under Kenyan law and responding to lawful requests.
- Billing — processing subscription payments and managing accounts.
We do not sell personal data to third parties. We do not use student data for advertising. We do not share School Data with other schools on the Platform. We do not use School Data to train AI or machine learning models.
2.3 Data Sharing
We share personal data only with:
- Supabase (cloud database) — our primary data storage provider, hosted on AWS infrastructure.
- Cloudflare — our CDN and Workers platform for application hosting.
- Safaricom (M-Pesa) — for processing payment transactions, sharing only the minimum data required.
- SMS gateway providers — for delivering notification messages to parents and staff.
- Law enforcement — only when required by a valid court order or regulatory authority under Kenyan law.
All sub-processors are contractually bound to process data only as instructed and to maintain appropriate security measures. See Section 9.1 for the full sub-processor list.
2.4 Data Retention & Deletion
| Data Category | Retention Period | Reason |
|---|---|---|
| Active school data | Duration of subscription | Service delivery |
| Post-termination data | 90 days | Data export window |
| Financial transaction records | 7 years | Kenya tax law (Income Tax Act) |
| Audit logs | 3 years | Security and compliance |
| System logs | 90 days | Operational debugging |
| Backup data | 30 days rolling | Disaster recovery |
2.5 Your Rights
Under the Kenya Data Protection Act 2019, data subjects have the following rights, exercisable by contacting the School's administrator or directly with SmartDev at admin@smartdev.co.ke:
- Right of access — to receive a copy of your personal data we hold.
- Right to rectification — to have inaccurate data corrected.
- Right to erasure — to request deletion of your data where there is no lawful basis for continued processing.
- Right to restriction — to request we limit processing of your data in certain circumstances.
- Right to data portability — to receive your data in a portable, machine-readable format.
- Right to object — to object to processing of your data on grounds of legitimate interests.
Requests will be responded to within 30 days. In complex cases, we may extend this by a further 30 days with written notice.
2.6 Security Measures
We implement comprehensive technical and organisational measures to protect personal data. See Module 7 (Security Policy) for full details. Key measures include:
- AES-256 encryption at rest for all database data.
- TLS 1.3 encryption for all data in transit.
- Row-Level Security (RLS) on all database tables ensuring strict school data isolation.
- Multi-factor authentication available for all administrator accounts.
- Automated daily backups with point-in-time recovery.
- Regular vulnerability assessments and security audits.
2.7 Special Provisions for Children's Data
SmartDev processes significant amounts of data about children (students under 18). We treat this data with heightened care. See Section 8.3 (Children's Data Policy) for detailed provisions. In summary:
- Schools are responsible for obtaining appropriate consents from parents/guardians before entering student data.
- Student data is never used for commercial purposes.
- Student portal access is restricted to relevant academic and administrative data only.
- Additional access controls and audit logging apply to modules containing sensitive health or disciplinary data.
2.8 International Data Transfers
School Data is primarily stored in cloud infrastructure located in African or European data centres (Supabase/AWS). Cloudflare's edge network processes request traffic globally. We ensure all cross-border transfers are protected by appropriate safeguards including Standard Contractual Clauses where applicable.
2.9 Cookies & Tracking
The SmartDev web application uses essential cookies required for authentication and session management. We do not use third-party advertising cookies. See Section 9.2 (Cookie Policy) for complete details.
2.10 Policy Updates
This Privacy Policy may be updated to reflect changes in law, technology, or our practices. Material changes will be communicated to registered School administrators by email at least 30 days in advance.
Data Processing Agreement (DPA)
This Data Processing Agreement applies to the processing of personal data by SmartDev on behalf of the School in connection with the SmartDev Platform. It forms part of the Terms of Use and is compliant with the Kenya Data Protection Act 2019 and GDPR Article 28.
3.2 Controller & Processor Roles
The School acts as the data controller with respect to all School Data. SmartDev acts as a data processor processing data solely on the instructions of the School and for the purposes set out in the Terms of Use and this DPA.
SmartDev processes data in the following capacities for its own purposes (as controller): billing information, platform usage analytics for service improvement, and security logs.
3.3 Processing Instructions
SmartDev processes School Data only on documented instructions from the School. The School's primary instruction is to process data as necessary to deliver the Platform services described in the Terms of Use.
SmartDev will promptly inform the School if, in its opinion, an instruction from the School infringes applicable data protection law.
3.4 Technical & Organisational Safeguards
SmartDev implements and maintains the following measures as a minimum:
- Pseudonymisation and encryption of personal data where appropriate.
- Ability to ensure ongoing confidentiality, integrity, availability and resilience of processing systems.
- Ability to restore availability and access to personal data in a timely manner following a physical or technical incident.
- Regular testing and evaluation of technical and organisational measures.
3.5 Sub-processor Management
SmartDev uses the sub-processors listed in Section 9.1. The School provides general authorisation for the use of sub-processors subject to:
- SmartDev providing at least 14 days' notice before adding or replacing any sub-processor.
- The School having the right to object to new sub-processors on reasonable data protection grounds.
- SmartDev imposing equivalent data protection obligations on all sub-processors by written contract.
3.6 Audits & Inspections
SmartDev will make available to the School all information necessary to demonstrate compliance with its obligations under this DPA and allow for audits and inspections conducted by the School or an authorised auditor, with at least 30 days' written notice. SmartDev may charge reasonable fees for audit support beyond one audit per year.
3.7 Data Breach Notification
In the event of a personal data breach involving School Data, SmartDev will:
- Notify the School's registered data protection contact without undue delay, and in any event within 72 hours of becoming aware of the breach.
- Provide: a description of the nature of the breach; the categories and approximate number of data subjects and records affected; likely consequences; and measures taken or proposed.
- Cooperate with the School in meeting its own notification obligations under the Kenya DPA 2019.
Report data breaches to admin@smartdev.co.ke immediately. Our security team monitors this address 24/7.
3.8 Data Subject Access Requests
SmartDev will provide reasonable assistance to the School in responding to data subject access requests, rectification requests, and erasure requests. Requests should be directed to the School, which remains responsible for responding to its own data subjects within the statutory timeframe.
If a data subject contacts SmartDev directly, we will refer them to the relevant School and will not respond to substantive DSAR queries directed at School Data without instruction from the School, except where required by law.
Service Level Agreement (SLA)
4.1 Uptime Commitment
SmartDev targets a monthly uptime of 99.5% for the Platform web application, measured over any calendar month. Uptime is calculated as: ((Total minutes in month − minutes of unplanned downtime) / Total minutes in month) × 100.
| Tier | Monthly Uptime Target | Maximum Monthly Downtime |
|---|---|---|
| All plans | 99.5% | ≈ 3.6 hours |
Actual uptime is published on the SmartDev status page at status.smartdev.co.ke.
4.2 Planned Maintenance Windows
Planned maintenance is typically scheduled:
- Time: Sundays between 2:00am and 6:00am East Africa Time (EAT).
- Notice: At least 48 hours advance notice via in-app banner and email to the School administrator.
- Frequency: No more than 2 planned maintenance windows per month under normal circumstances.
Planned maintenance windows are excluded from the uptime calculation.
4.3 Incident Response Times
| Severity | Definition | Initial Response | Resolution Target |
|---|---|---|---|
| P1 Critical | Complete platform outage; all schools unable to access | 30 minutes | 4 hours |
| P2 High | Major feature unavailable (e.g., fee payments, exam marks) | 2 hours | 12 hours |
| P3 Medium | Degraded performance or minor feature issue | 4 hours (business hours) | 3 business days |
| P4 Low | Minor UI issue or non-critical bug | 1 business day | Next scheduled release |
Response times apply during business hours (Monday–Friday 8am–6pm EAT) except for P1/P2 incidents, which are handled 24/7.
4.4 Remedies & Service Credits
Where monthly uptime falls below the 99.5% target due to SmartDev's fault, the School is entitled to service credits as follows:
| Monthly Uptime Achieved | Service Credit |
|---|---|
| 99.0% – 99.49% | 5% of monthly subscription fee |
| 95.0% – 98.99% | 15% of monthly subscription fee |
| Below 95.0% | 30% of monthly subscription fee |
Credits must be claimed within 30 days of the month in which the downtime occurred and will be applied to the next invoice. Credits do not entitle the School to a cash refund.
4.5 SLA Exclusions
The following are excluded from uptime calculations and service credit entitlement:
- Planned maintenance windows notified in advance.
- Downtime caused by factors outside SmartDev's reasonable control (force majeure, internet service provider outages).
- School-caused issues (misconfiguration, excess load generated by the School).
- Third-party service outages (M-Pesa, Safaricom, SMS gateways) that are beyond SmartDev's control.
- Free trial or pilot periods.
Acceptable Use Policy
5.1 Permitted Uses
The SmartDev Platform is designed for legitimate school administration. All Users may access the Platform for the following purposes in accordance with their assigned role:
- School administrators: full platform access for institutional management.
- Teachers: access to academic modules, class attendance, marks entry and parent communication.
- Parents/guardians: access to fee balances, student results, attendance records and school announcements.
- Students: access to their own timetables, results, assignments and class resources.
- Support staff: access to modules relevant to their specific operational role.
5.2 Prohibited Content & Conduct
The following are prohibited on the SmartDev Platform:
- Uploading or sharing content that is illegal, defamatory, obscene, or harmful to minors.
- Harassment, bullying, or threatening behaviour toward any other User.
- Entering false, misleading, or fabricated data (e.g., falsifying marks or attendance records).
- Sharing login credentials with unauthorised persons.
- Using the announcement or messaging system for commercial solicitation or spam.
- Storing personal data unrelated to school administration purposes.
- Accessing modules or records beyond those assigned to your role.
- Any activity that could compromise the security of the Platform.
5.3 Enforcement
SmartDev reserves the right to investigate reported violations of this policy. Where a violation is confirmed:
- First violation: written warning to the School's administrator with a description of the violation.
- Repeat or serious violations: suspension of the specific User account or — in severe cases — the School's subscription.
- Violations involving illegal activity: referral to relevant law enforcement authorities.
Schools are responsible for ensuring their Users comply with this policy. The School agrees to investigate and act on any violations notified by SmartDev.
Billing, Refunds & Cancellation Policy
6.1 Subscription Billing
SmartDev subscriptions are billed monthly in advance. Invoices are issued on the 1st of each month and are due within 14 days.
Payment methods accepted:
- M-Pesa (Paybill or Till as notified on your invoice)
- Bank transfer to the SmartDev operational account (details on invoice)
- Cheque (for annual subscriptions only, with prior arrangement)
Annual subscriptions are available at 2 months free (i.e., 10 months' fee for a 12-month subscription). Annual subscriptions are invoiced upfront.
6.2 Refund Policy
SmartDev does not offer refunds for partially used subscription months. Exceptions:
- If the Platform is unavailable for more than 72 consecutive hours due to SmartDev's fault, the School is entitled to a pro-rated refund for the period of unavailability.
- If SmartDev terminates the subscription without cause, a pro-rated refund for the unused portion of the subscription period will be issued within 14 business days.
- Annual subscribers who cancel within 30 days of the annual renewal date are entitled to a pro-rated refund for the unused months.
6.3 Cancellation Procedure
To cancel a subscription:
- Send a written cancellation request to admin@smartdev.co.ke or hello@smartdev.co.ke at least 30 days before the next billing date.
- Export all required School Data before the cancellation date.
- SmartDev will confirm cancellation in writing within 2 business days.
- Access will remain active until the end of the paid period.
- Data will be retained for 90 days post-cancellation and then permanently deleted.
6.4 Billing Disputes
If you believe an invoice is incorrect, raise a dispute within 30 days of the invoice date by emailing admin@smartdev.co.ke with full details. Undisputed portions of an invoice remain due on the original payment date. Disputed invoices will be investigated and resolved within 14 business days.
Security Policy
7.1 Security Architecture Overview
SmartDev is deployed on Cloudflare Workers with Supabase as the backend database. This architecture provides enterprise-grade security by default:
- Edge network — all requests pass through Cloudflare's global network with built-in DDoS protection, WAF (Web Application Firewall) and bot mitigation.
- Multi-tenant isolation — each school is isolated at the database level using Row-Level Security policies. No school can access another school's data.
- Zero-trust networking — all internal service communication is authenticated and encrypted.
- Immutable audit logs — all data access and modification events are recorded in tamper-evident audit logs.
7.2 Access Controls
- Role-based access control (RBAC) with over 20 distinct roles ensures users only access modules relevant to their function.
- Administrator accounts can enforce multi-factor authentication (MFA) for all staff users.
- Inactive sessions are automatically terminated after 8 hours.
- Failed login attempts are rate-limited and trigger alerts after 5 consecutive failures.
- SmartDev staff access to production systems is restricted to authorised personnel only and requires MFA.
7.3 Encryption Standards
| Layer | Standard | Details |
|---|---|---|
| Data at rest | AES-256 | All database data encrypted at the storage layer |
| Data in transit | TLS 1.3 | All HTTPS connections; TLS 1.0/1.1 disabled |
| Passwords | bcrypt (cost 12) | Passwords never stored in plaintext |
| API tokens | HMAC-SHA256 | Short-lived JWTs with rotation |
| Backups | AES-256 | All backup data encrypted before storage |
7.4 Vulnerability Management
SmartDev conducts regular security reviews including:
- Automated dependency vulnerability scanning on every code commit.
- Annual third-party penetration testing of the production platform.
- Regular internal security code reviews.
- Responsible disclosure programme: report vulnerabilities to admin@smartdev.co.ke.
7.5 Security Incident Response
Our incident response follows the NIST SP 800-61 framework: Preparation → Detection & Analysis → Containment → Eradication & Recovery → Post-Incident Activity.
In the event of a confirmed security incident affecting School Data, we will notify the affected School's administrator within 72 hours and provide a full incident report within 14 days of resolution.
Kenya Data Protection Act 2019 — Compliance Statement
SmartDev operates in full compliance with the Kenya Data Protection Act No. 24 of 2019 ("DPA 2019") and the associated Data Protection (General) Regulations 2021. This statement describes how we meet our obligations under the Act.
8.1 Registration with the ODPC
SmartDev, operated by Melton Konchella (Founder & Developer), is registered as a Data Controller and Processor with the Office of the Data Protection Commissioner (ODPC) in accordance with Section 17 of the DPA 2019. Our registration number is available upon request.
8.2 Lawful Basis for Processing
We process personal data on the following lawful bases under the DPA 2019:
- Contractual necessity — processing necessary for the performance of the service agreement with the School (DPA 2019, Section 30(b)).
- Legal obligation — processing required to comply with applicable Kenyan law (DPA 2019, Section 30(c)).
- Legitimate interests — processing for security, fraud prevention and service improvement where these interests are not overridden by data subject interests (DPA 2019, Section 30(f)).
- Consent — where relied upon, Schools are responsible for obtaining and recording valid consent from data subjects.
8.3 Data Subject Rights under DPA 2019
We uphold all rights provided under Part IV of the DPA 2019, including the right of access (Section 26), right to rectification (Section 27), right to deletion (Section 28), right to object (Section 32), and the right to data portability (Section 34).
8.4 ODPC Notification & Complaints
Data subjects who are dissatisfied with our response to a data subject rights request may lodge a complaint with the Office of the Data Protection Commissioner at www.odpc.go.ke or on the ODPC complaint portal.
GDPR Compliance Statement
While SmartDev primarily serves Kenyan institutions, some of our customers and their data subjects may fall within the scope of the EU General Data Protection Regulation (GDPR) or the UK GDPR. This statement describes our position for such cases.
For EU/UK data subjects, SmartDev relies on Standard Contractual Clauses (SCCs) for any personal data transfers outside the EEA/UK. Schools who require EU/UK data processing addenda should contact admin@smartdev.co.ke.
8.3 Children's Data Policy
SmartDev processes personal data about students, who are often under 18. We apply the following additional protections:
- Schools are the data controllers for student data and are responsible for obtaining valid consent (from parents/guardians for students under 18) before entering student data into the Platform.
- Student portal access is designed to show students only their own academic and administrative information — nothing outside their personal scope.
- Health records, disciplinary records, and counselling notes are restricted to staff with explicit need-to-know permissions. Students cannot access these records.
- Student photos are used only for ID card generation and profile identification within the Platform. They are never used commercially.
- Data minimisation: we collect only the minimum student data necessary for the educational purposes of each module.
Sub-processor List
The following sub-processors process personal data on SmartDev's behalf. All are engaged under data processing agreements with equivalent protections to those in this document.
| Sub-processor | Purpose | Data Location | Website |
|---|---|---|---|
| Supabase, Inc. | Database hosting, authentication, storage | AWS eu-west-1 (Ireland) or af-south-1 (Cape Town) | supabase.com |
| Cloudflare, Inc. | CDN, edge compute, DDoS protection, DNS | Global edge network | cloudflare.com |
| Safaricom PLC (M-Pesa) | Payment transaction processing | Kenya | safaricom.co.ke |
| Africa's Talking | SMS notifications delivery | Kenya/Nairobi | africastalking.com |
| GitHub, Inc. | Source code hosting, CI/CD, release distribution | USA (GitHub) | github.com |
| Google (Firebase) | Android push notifications | USA/Global | firebase.google.com |
We will notify Schools at least 14 days before adding or replacing any sub-processor. Schools may object to a new sub-processor on data protection grounds within 14 days of notification.
Governing Law & Dispute Resolution
These Terms, the Privacy Policy, and all related agreements are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of laws principles.
Dispute Resolution Procedure
- Informal resolution — the parties shall first attempt to resolve any dispute informally by escalating to SmartDev senior management within 14 days of the dispute arising.
- Mediation — if not resolved informally within 30 days, either party may refer the dispute to mediation under the Nairobi Centre for International Arbitration (NCIA) Mediation Rules.
- Arbitration — if mediation fails, disputes shall be finally settled by arbitration under the NCIA Arbitration Rules, with a sole arbitrator, conducted in English, in Nairobi.
Nothing in this clause prevents either party from seeking urgent interlocutory relief from the Kenyan courts.
The parties submit to the non-exclusive jurisdiction of the courts of the Republic of Kenya for any matters not subject to arbitration.
Legal & Compliance Contacts
| Purpose | Contact |
|---|---|
| General legal enquiries | admin@smartdev.co.ke |
| Data subject access requests (DSAR) | admin@smartdev.co.ke |
| Data breach reports | admin@smartdev.co.ke |
| Billing disputes & invoices | admin@smartdev.co.ke |
| General support | support@smartdev.co.ke |
| Sales & partnerships | sales@smartdev.co.ke |
| General enquiries | hello@smartdev.co.ke |
| Phone (primary) | +254 792 991 222 |
| Phone (support) | +254 792 991 222 |
| Registered address | SmartDev (operated by Melton Konchella, Founder & Developer), Nairobi, Kenya |
The Data Protection Officer (DPO) for SmartDev can be contacted at admin@smartdev.co.ke.
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