legal terms

Terms & Conditions

The agreement framework for using Creekohme's website and engaging our construction, experience and safety supply services.

Effective 1 January 2020 · Updated May 2025

1. Introduction

These Terms and Conditions ("Terms") govern your use of the Creekohme Limited website and the engagement of our construction, renovation, civil works, project management, material supply, and PPE supply services ("Services").

By accessing our website or engaging our Services, you agree to be bound by these Terms. If you do not agree, please refrain from using our website or engaging our Services. Creekohme reserves the right to update these Terms at any time; the most current version will always be published on this page.

2. Definitions

In these Terms, the following definitions apply:

"Creekohme" or "we" means Creekohme Limited, a company registered in Kenya.
"Client" or "you" means any individual, company, or organisation engaging or enquiring about our Services.
"Project" means any construction, renovation, civil works, project management, or supply engagement contracted between Creekohme and a Client.
"Contract" means the formal written agreement, quotation, letter of award, or purchase order governing a specific Project.
"Services" means any service offered by Creekohme as described on our website or in a Contract.

3. Our Services

Creekohme provides professional construction, renovation, civil works, project management, material supply, and personal protective equipment (PPE) supply services. The specific scope, deliverables, timeline, and pricing for any Project are defined in the Contract agreed between Creekohme and the Client.

Information published on our website is for general informational purposes only and does not constitute a binding offer or guarantee of availability, pricing, or delivery timelines.

4. Quotations & Contracts

All quotations provided by Creekohme are valid for 30 days from the date of issue unless otherwise stated. Quotations are subject to change based on material costs, site conditions, regulatory requirements, or other factors beyond our control.

A Contract is formed only when both parties have executed a written agreement, or when Creekohme has issued a formal acceptance of a Client's purchase order or letter of award. Verbal agreements do not constitute a binding Contract.

Creekohme reserves the right to decline any engagement at its discretion prior to contract execution.

5. Payment Terms

Unless otherwise agreed in the Contract, the following payment terms apply:

A deposit (typically 30–50% of the contract value) is required before work commences.
Progress payments are invoiced at agreed milestones or intervals as set out in the Contract.
Final payment is due within 14 days of project completion and handover.
All payments are to be made in Kenyan Shillings (KES) unless otherwise agreed.
Overdue payments attract interest at the rate of 2% per month on the outstanding balance.
Creekohme reserves the right to suspend work on any Project where payment obligations are not met.

6. Variations & Changes

Any changes to the agreed scope of work, specifications, materials, or timeline must be agreed in writing via a Variation Order signed by both parties. Creekohme is not obligated to carry out any variation until a Variation Order is executed.

Variations may affect the contract price and timeline. Creekohme will provide a revised cost and schedule estimate for any proposed variation before commencement.

7. Project Timelines & Delays

Creekohme will use reasonable endeavours to complete all Projects within the agreed timeline. However, delays caused by the following circumstances shall not constitute a breach of contract:

Force majeure events including natural disasters, acts of God, war, or civil unrest.
Delays caused by the Client, including late approvals, access restrictions, or late payment.
Unforeseen site conditions, subsurface obstructions, or hazardous materials discovered during works.
Delays in the supply of materials or equipment beyond Creekohme's reasonable control.
Regulatory delays, including approval processes by NEMA, NCA, county governments, or other authorities.

In such circumstances, the project timeline will be extended by a reasonable period, and Creekohme will notify the Client promptly.

8. Client Obligations

The Client agrees to:

Provide Creekohme with timely access to the project site and all relevant information required to carry out the Services.
Obtain all necessary approvals, permits, and consents required for the Project (unless expressly agreed otherwise in the Contract).
Make payments in accordance with the agreed schedule.
Promptly review and approve designs, drawings, and specifications when requested.
Ensure that the site is free from any conditions that could endanger Creekohme personnel.
Not engage third parties to carry out work that falls within the agreed scope without prior written consent from Creekohme.

9. PPE Supply Terms

For personal protective equipment supply orders, the following additional terms apply:

All PPE supplied by Creekohme meets the applicable Kenya Bureau of Standards (KEBS) requirements and relevant international standards.
Orders are confirmed only upon receipt of a purchase order and payment deposit.
Delivery timelines are estimates and may vary based on stock availability and supplier lead times.
Returns and exchanges are accepted within 7 days of delivery for unopened, unused items in original packaging. Custom or branded orders are non-returnable.
Creekohme is not liable for misuse of PPE or failure to use PPE supplied by Creekohme.

10. Intellectual Property

All designs, drawings, plans, specifications, and documents prepared by Creekohme in connection with a Project remain the intellectual property of Creekohme until full payment has been received. Upon receipt of full payment, ownership of project-specific deliverables transfers to the Client as agreed in the Contract.

The Creekohme name, logo, and all website content are the property of Creekohme Limited and may not be used, reproduced, or distributed without prior written consent.

11. Limitation of Liability

To the fullest extent permitted by Kenyan law, Creekohme's total liability in connection with any Project or Service shall not exceed the total value of the Contract for that specific Project.

Creekohme shall not be liable for any indirect, consequential, incidental, or special damages, including loss of profit, loss of use, or loss of opportunity, whether arising from breach of contract, negligence, or otherwise.

Nothing in these Terms excludes liability for death or personal injury caused by Creekohme's negligence, or for fraud or fraudulent misrepresentation.

12. Termination

Either party may terminate a Contract by giving written notice if the other party commits a material breach and fails to remedy it within 14 days of written notice.

In the event of Client-initiated termination, the Client shall pay Creekohme for all work completed to date, including materials ordered and reasonable demobilisation costs.

Creekohme may suspend or terminate a Contract immediately if the Client fails to make payment or becomes insolvent.

13. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms or any Contract, the parties agree to first attempt resolution through good-faith negotiation within 30 days of written notice of the dispute.

If negotiation fails, the dispute shall be referred to mediation under the rules of the Nairobi Centre for International Arbitration (NCIA) or such other mutually agreed body.

If mediation fails, the dispute shall be finally resolved by arbitration in accordance with the Arbitration Act (Cap. 49) of Kenya. The seat of arbitration shall be Nairobi, Kenya.

14. Governing Law

These Terms and all Contracts are governed by and construed in accordance with the laws of the Republic of Kenya. Both parties submit to the exclusive jurisdiction of the Kenyan courts for matters not referred to arbitration.

15. Contact Us

For any questions regarding these Terms or our Services, please contact:

Creekohme Limited

Email: contact@creekohme.com

Phone: (+254) 722 760 800

Address: Nairobi, Kenya