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Terms of Service

These Terms of Service govern your use of the FIRM website and your engagement of services provided by Firm Advisory Limited. Please read them carefully before using this website or instructing FIRM.

Effective Date

1 January 2025

Last Updated

August 2026

Governing Law

Republic of Kenya

Note: These Terms govern your use of the FIRM website and your engagement of FIRM services. By using this website or instructing FIRM to perform any service, you confirm that you have read and agree to these Terms. These Terms should be read together with FIRM’s Privacy Policy.

01 · INTERPRETATION

Definitions and Interpretation

In these Terms of Service, the following definitions apply unless the context requires otherwise:

“FIRM” means Firm Advisory Limited, a company incorporated in Kenya and operating from Westlands, Nairobi.
“Client” means any individual, company, or entity that engages FIRM for any service or accesses the FIRM website.
“Services” means the business formation and corporate services provided by FIRM, as described on the FIRM website and in any engagement confirmation.
“Engagement” means a specific instruction given by the Client to FIRM to perform a defined service or set of services.
“Government Authority” means any Kenyan government body, statutory authority, or regulatory institution relevant to an engagement, including but not limited to the Business Registration Service, the Kenya Revenue Authority, and the Kenya Industrial Property Institute.
“Website” means the FIRM website at firm.co.ke and all associated pages.
“Government Fees” means statutory fees, filing fees, or charges levied by a Government Authority in connection with any registration, application, or filing.

References to “you” or “your” mean the Client. References to “we”, “our”, or “us” mean FIRM. The singular includes the plural and vice versa where the context so requires.

02 · ACCEPTANCE

Acceptance of These Terms

By accessing the FIRM website, submitting an enquiry, or instructing FIRM to perform any service, you confirm that:

You have read, understood, and agree to be bound by these Terms;
Where you are acting on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms; and
You are at least 18 years of age.

If you do not agree to these Terms, do not access this website or instruct FIRM to perform any service.

These Terms apply to all use of the FIRM website and to all engagements entered into between FIRM and any Client. Engagement-specific terms communicated at the time of an engagement supplement these Terms. Where there is a conflict between engagement-specific terms and these Terms, the engagement-specific terms prevail in respect of that engagement.

03 · ABOUT FIRM

Nature of FIRM's Services

Firm Advisory Limited is a business formation and corporate services company registered in Kenya. FIRM provides administrative, compliance, documentation, filing, and advisory support services to businesses, entrepreneurs, and investors in Kenya.

FIRM is not a law firm, an advocate’s practice, or a regulated financial services provider. FIRM does not provide regulated legal advice, regulated tax advice, immigration advice, or any other service requiring a professional licence that FIRM does not hold. Information provided by FIRM in connection with any engagement is professional services support, not regulated legal or tax advice.

Where an engagement requires services beyond FIRM’s scope, FIRM will advise the Client accordingly and recommend that they seek appropriately qualified professional advice from a licensed advocate, certified public accountant, or other relevant professional.

FIRM does not represent any Government Authority and is not affiliated with the Business Registration Service, the Kenya Revenue Authority, the Kenya Industrial Property Institute, or any other government body. FIRM acts as a professional services provider on behalf of its clients.

04 · SERVICES

Services Provided by FIRM

4.1 Scope of Services. FIRM provides business formation and corporate services including, without limitation: company registration, business name registration, tax registration, annual returns filing, corporate compliance support, trademark application assistance, business consulting, virtual office services, and corporate restructuring support. The FIRM website describes services in general terms. The specific services, deliverables, and timelines for any engagement are agreed between FIRM and the Client at the time of that engagement.

4.2 Government Filings. Where FIRM prepares and submits documents to a Government Authority on behalf of a Client, FIRM does so as a professional services provider acting on the Client’s behalf and on the basis of information provided by the Client. The Client remains legally responsible for the accuracy and completeness of all information submitted.

4.3 Government Processing. FIRM has no control over the processing times, decisions, or actions of any Government Authority. FIRM cannot guarantee that any Government Authority will approve, register, issue, or process any application, filing, or certificate within any particular timeframe, or at all. Timelines communicated by FIRM are estimates based on typical processing times and are not guarantees.

4.4 Service Availability. FIRM reserves the right to decline to accept any engagement or to discontinue providing any service, subject to notifying the Client and returning any unearned fees paid in advance.

05 · ENGAGEMENT

Engagement Process

5.1 Commencement. An engagement with FIRM commences when FIRM confirms acceptance of a Client’s instruction, whether by written confirmation, issue of an invoice, or commencement of work, whichever occurs first.

5.2 Client Information. The Client is responsible for providing accurate, complete, and current information required for each engagement. FIRM relies entirely on the information provided by the Client. Where incorrect, incomplete, or misleading information is provided, FIRM accepts no responsibility for errors, delays, failed submissions, or adverse outcomes that result.

5.3 Timelines. FIRM will use reasonable efforts to complete engagements within the timelines communicated to the Client. These timelines are estimates. FIRM is not liable for delays caused by: Government Authority processing times; the Client’s failure to provide required information promptly; third-party actions outside FIRM’s control; or events beyond FIRM’s reasonable control.

5.4 Client Cooperation. The Client agrees to respond to FIRM’s reasonable requests for information, documents, or clarification within a reasonable time. Unreasonable delays by the Client in providing required information will affect engagement timelines for which FIRM accepts no responsibility.

5.5 Changes to Instructions. Changes to the scope of an engagement requested by the Client after commencement may result in additional fees and revised timelines, which FIRM will communicate to the Client prior to proceeding with the change.

06 · FEES AND PAYMENT

Fees, Payment, and Government Charges

6.1 FIRM Fees. FIRM’s professional fees for each engagement are communicated to the Client prior to or at the commencement of the engagement. Unless stated otherwise, fees are exclusive of any applicable taxes, including value added tax where applicable.

6.2 Government Fees. Government Fees, statutory fees, and third-party charges are separate from FIRM’s professional fees. Where Government Fees or third-party charges are required in connection with an engagement, FIRM will communicate these to the Client. Government Fees are set by the relevant authorities and may change without notice. FIRM does not mark up Government Fees.

6.3 Payment Terms. Payment is due in accordance with the terms specified in the invoice or engagement confirmation. Where payment is required in advance, FIRM will commence the engagement upon receipt of cleared payment.

6.4 Suspension for Non-Payment. FIRM reserves the right to suspend work on any engagement where fees remain outstanding beyond the agreed payment terms, without prejudice to FIRM’s right to claim the outstanding amount.

6.5 Refunds. Fees paid to FIRM are non-refundable except where FIRM has been unable to commence the engagement through no fault of the Client, or as otherwise agreed in writing between FIRM and the Client. Government Fees paid to a Government Authority are subject to that authority’s refund policies, over which FIRM has no control.

6.6 Disputed Invoices. Where the Client disputes an invoice, the Client must notify FIRM in writing within 14 days of the invoice date, specifying the nature of the dispute. Undisputed portions of an invoice remain due and payable.

07 · CLIENT OBLIGATIONS

Client Obligations and Representations

7.1 Accuracy of Information. The Client warrants that all information provided to FIRM in connection with any engagement is accurate, complete, current, and not misleading. The Client acknowledges that government filings made by FIRM on the Client’s behalf are made on the basis of information provided by the Client, and that the Client bears legal responsibility for the accuracy of that information under applicable Kenyan law.

7.2 Lawful Use. The Client agrees not to use FIRM’s services for any unlawful purpose, including but not limited to:

Submitting false or fraudulent information in connection with any government registration or filing;
Using a registered company or business name for fraudulent or illegal activities;
Money laundering, tax evasion, or any other financial crime;
Any activity that violates applicable Kenyan law or regulation.

7.3 Notification of Changes. The Client agrees to notify FIRM promptly of any changes to information previously provided that may affect an ongoing engagement or any filings previously made on the Client’s behalf.

7.4 Compliance with Law. The Client is responsible for ensuring that their business activities comply with all applicable Kenyan laws and regulations. FIRM’s provision of registration or compliance services does not constitute a representation that the Client’s business is lawfully permitted to carry out its intended activities.

7.5 Client Indemnity. The Client agrees to indemnify and hold FIRM harmless against any loss, liability, cost, or expense arising from: the Client’s provision of inaccurate or fraudulent information; the Client’s breach of these Terms; or the Client’s unlawful activities.

08 · INTELLECTUAL PROPERTY

Intellectual Property

8.1 FIRM’s Intellectual Property. The FIRM website, its content, design, branding, logo, and underlying materials are owned by or licensed to Firm Advisory Limited and are protected by applicable Kenyan and international intellectual property law. Nothing in these Terms grants the Client any licence or right to use FIRM’s intellectual property without prior written consent.

8.2 Deliverables. Documents, filings, and materials prepared by FIRM specifically for a Client engagement are delivered to the Client upon full payment of all applicable fees. FIRM’s underlying templates, methodologies, processes, and systems remain FIRM’s intellectual property.

8.3 Client Materials. The Client retains ownership of all materials, information, and documents provided to FIRM in connection with an engagement. The Client grants FIRM a limited licence to use such materials solely for the purpose of performing the engagement.

09 · CONFIDENTIALITY

Confidentiality

9.1 FIRM’s Obligations. FIRM treats Client information as confidential. FIRM will not disclose Client information to any third party except:

Where required to complete an engagement, including submitting information to a Government Authority;
Where required by law, regulation, or court order;
Where required by a lawful request from a government authority or law enforcement body;
With the Client’s prior written consent.

9.2 Client’s Obligations. The Client agrees to keep confidential any FIRM proprietary processes, pricing, templates, and internal materials that the Client becomes aware of in connection with an engagement.

9.3 Exceptions. Confidentiality obligations do not apply to information that: is or becomes publicly known through no fault of the receiving party; was already known to the receiving party prior to disclosure; is received lawfully from a third party without restriction; or is independently developed without reference to the confidential information.

9.4 Survival. This confidentiality obligation survives termination of any engagement or these Terms for a period of three years.

10 · DISCLAIMERS

Disclaimers and Limitations on Advice

10.1 Website Information. Information on the FIRM website, including descriptions of registration processes, compliance requirements, regulatory timelines, and general business guidance, is provided for general informational purposes only. It does not constitute legal, tax, financial, or other regulated professional advice and should not be relied upon as such.

10.2 No Warranty on Website. The FIRM website is provided on an “as is” basis. FIRM makes no warranty, express or implied, that the website will be uninterrupted, error-free, or free from viruses or harmful components, or that the information on the website is complete, current, or accurate at all times. FIRM reserves the right to modify, suspend, or discontinue any part of the website at any time without notice.

10.3 No Guarantee of Government Outcomes. FIRM does not warrant or guarantee any particular outcome from any government registration, application, or filing process. Approval of registrations and applications is at the sole discretion of the relevant Government Authority.

10.4 Independent Advice. FIRM strongly recommends that Clients seek independent legal, tax, or professional advice from a suitably qualified professional before making any significant business, legal, or financial decision, including decisions arising from or informed by FIRM’s services.

11 · LIMITATION OF LIABILITY

Limitation of Liability

11.1 Cap on Liability. To the fullest extent permitted by Kenyan law, FIRM’s total liability to any Client arising out of or in connection with any engagement or these Terms shall not exceed the total professional fees paid by the Client to FIRM for the specific engagement giving rise to the claim, calculated over the 12 months preceding the event giving rise to the claim.

11.2 Excluded Loss. To the fullest extent permitted by Kenyan law, FIRM shall not be liable to any Client for:

Loss of profit, revenue, business, anticipated savings, or commercial opportunity;
Indirect, consequential, or special loss;
Loss arising from the decision, delay, error, or inaction of any Government Authority;
Loss arising from inaccurate, incomplete, or fraudulent information provided by the Client;
Loss arising from the Client’s own failure to meet statutory or regulatory obligations;
Loss arising from events outside FIRM’s reasonable control.

11.3 Preserved Liability. Nothing in these Terms limits or excludes FIRM’s liability for: fraud or fraudulent misrepresentation; death or personal injury caused by FIRM’s negligence; or any other liability that cannot lawfully be excluded or limited under Kenyan law.

11.4 Mitigation. The Client is required to take reasonable steps to mitigate any loss arising from any matter for which FIRM may be liable.

12 · THIRD PARTIES

Third-Party Services and Authorities

12.1 Government Authorities. FIRM’s services involve interaction with Government Authorities including the Business Registration Service, Kenya Revenue Authority, Kenya Industrial Property Institute, and others. These authorities are entirely independent of FIRM. Their decisions, processing times, fees, and procedures are outside FIRM’s control. FIRM cannot be held responsible for the actions or omissions of any Government Authority.

12.2 Third-Party Providers. FIRM may use third-party service providers in the delivery of its services, including technology providers and payment processors. These providers operate under their own terms and privacy policies. FIRM is not responsible for the acts or omissions of third-party providers except to the extent that FIRM has been negligent in selecting or supervising them.

12.3 Third-Party Links. The FIRM website may contain links to third-party websites. These links are provided for convenience only. FIRM does not endorse, control, or take responsibility for the content, accuracy, or practices of any third-party website. Access to third-party websites is at the Client’s own risk.

12.4 Third-Party Rights. These Terms do not confer any rights on any third party.

13 · TERMINATION

Termination and Suspension

13.1 Termination by Client. The Client may terminate any engagement with FIRM at any time by providing written notice to FIRM. Where work has commenced prior to termination, fees for work completed to the date of termination are due and payable. Government Fees already disbursed on behalf of the Client are non-refundable.

13.2 Termination by FIRM. FIRM may suspend or terminate any engagement with immediate effect and without liability to the Client if:

The Client provides information that is false, fraudulent, or materially misleading;
The Client fails to pay fees within the agreed payment terms and does not remedy the failure within 7 days of written notice;
Continuing the engagement would require FIRM to act unlawfully or in breach of professional obligations;
The Client’s conduct makes continuation of the engagement unreasonable in FIRM’s reasonable judgement; or
FIRM reasonably suspects money laundering, fraud, or other criminal activity.

13.3 Effect of Termination. Termination of an engagement does not affect any accrued rights or obligations. Clauses relating to payment, confidentiality, intellectual property, limitation of liability, and governing law survive termination.

14 · GOVERNING LAW

Governing Law and Dispute Resolution

14.1 Governing Law. These Terms and any engagement between FIRM and the Client are governed by and construed in accordance with the laws of the Republic of Kenya.

14.2 Dispute Resolution. In the event of any dispute arising out of or in connection with these Terms or any engagement, the parties agree to first attempt to resolve the dispute through good-faith negotiation for a period of 30 days from the date one party notifies the other in writing of the dispute.

14.3 Jurisdiction. Where a dispute cannot be resolved through negotiation, the parties submit to the exclusive jurisdiction of the competent courts of Kenya.

15 · GENERAL PROVISIONS

General Provisions

15.1 Entire Agreement. These Terms, together with any engagement-specific terms communicated to the Client, constitute the entire agreement between the Client and FIRM in relation to the subject matter covered. They supersede all prior representations, agreements, or understandings, whether written or oral.

15.2 Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

15.3 Waiver. FIRM’s failure to enforce any right or provision of these Terms on any occasion does not constitute a waiver of that right or provision on any future occasion.

15.4 Assignment. The Client may not assign any rights or obligations under these Terms without FIRM’s prior written consent. FIRM may assign its rights and obligations under these Terms to any successor entity without the Client’s consent.

15.5 Amendments. FIRM may update these Terms at any time. The current version is always available at firm.co.ke/terms-of-service/. Where a Client is in an active engagement at the time of an amendment, the Terms in force at the commencement of that engagement will continue to apply to it unless the Client agrees otherwise. Continued use of the FIRM website or engagement of FIRM services after publication of updated Terms constitutes acceptance of the revised Terms.

15.6 Force Majeure. FIRM shall not be liable for any delay or failure in performance caused by circumstances beyond FIRM’s reasonable control, including but not limited to system outages affecting Government Authority portals, natural disasters, power failures, or government-imposed restrictions.

16 · CONTACT

Contact FIRM

If you have any questions about these Terms of Service, please contact FIRM:

Firm Advisory Limited
Westlands, Nairobi, Kenya
office@firm.co.ke
firm.co.ke

Terms Of Service