Terms and Conditions

​

1) Definitions

• Client / you: the person or entity using the website or purchasing offerings.

• Services: consulting, project management consultancy, advisory sessions, concept designs, planning support, digital products, online courses, event participation, and related deliverables.

• Deliverables: any outputs we provide (reports, concept drawings, presentations, schedules, budgets, models, recommendations, templates, recordings, course materials, etc.).

• Consumer: an individual purchasing for personal use (not mainly for business).

• Business Client: a company or person purchasing mainly for business purposes.

​

2) Scope of Our Services (What We Do—and Don’t Do)

2.1 Professional services (general).

We provide project management consultancy and related professional services based on information available at the time and the scope you purchase.

​

2.2 Not legal/financial advice.

Unless expressly agreed in writing, we do not provide legal, tax, accounting, insurance, or investment advice.

​

2.3 Concept vs. construction-ready design.

Unless a separate signed agreement states otherwise, design concepts(including data center concepts) are conceptual/feasibility-level and may require further development, engineering, authority approvals, and local code compliance checks before construction.

​

2.4 No guarantee of outcomes.

Project results depend on factors outside our control (site conditions, authorities, contractors, supply chains, budgets, client decisions, etc.). We do not guarantee specific outcomes, savings, timelines, approvals, capacity, performance targets, or ROI.

​

3) Eligibility and Account/Booking Integrity

3.1 You confirm you have authority to enter into these Terms and, if acting for a company, authority to bind that entity.

​

3.2 You agree to provide accurate booking, billing, and project information and keep it updated.

​

3.3 We may refuse service, cancel bookings, or suspend access if we suspect fraud, abuse, harassment, or policy violations.

​

4) Appointments & Consultation Sessions

4.1 Booking.

Consultations are scheduled through our booking system. Your booking is confirmed only once payment clears and you receive confirmation.

​

4.2 Punctuality.

Sessions start and end at the scheduled time. Late arrival reduces your session time.

​

4.3 Rescheduling.

You may reschedule up to 48 hours before the session start time using the booking link or by contacting us.

​

4.4 Cancellations & no-shows.

• If you cancel within 48 hours of the session, the session fee is fully refundable.

• If we cancel due to our unavailability, you may choose a reschedule or refund.

 

4.5 Session format.

Sessions may be delivered online or in-person as stated at booking.

​

4.6 Recordings.

Any recording (by either party) requires prior written consent unless permitted by law. If we provide a recording, it is for your internal use only and remains our intellectual property unless otherwise agreed.

​

5) Events (Sign-ups, Tickets, Attendance)

5.1 Registration.

Event registrations may be subject to capacity limits, eligibility requirements, and venue/host rules.

​

5.2 Changes/cancellations.

We may change event dates, speakers, format, or venue (including shifting to online). If we cancel an event, we will provide a refund of the ticket price (excluding your travel/accommodation costs unless required by law).

​

5.3 Conduct.

We may remove attendees for disruptive or unsafe behavior with no refund.

​

5.4 Photography/video.

If the event is recorded or photographed, we will indicate this. You may appear incidentally in event media. Where required, we will request consent or provide opt-out options.

​

6) Online Courses & Digital Content

6.1 License (not sale).

When you purchase a course, you receive a limited, personal, non-transferable, revocable license to access and use the materials for your internal purposes.

​

6.2 No sharing.

You may not copy, redistribute, resell, sublicense, or publicly display course materials, login credentials, downloads, or recordings.

​

6.3 Access period.

Course access is provided for 24 months as stated at purchase. We may update or replace content to keep it current.

​

6.4 Device/tech requirements.

You are responsible for internet access and compatible devices/software.

​

6.5 Misuse.

We may suspend access without refund if we detect credential sharing, piracy, or abusive use.

​

7) Design Concepts & Project Deliverables 

7.1 Scope and assumptions.

All deliverables are based on the scope you purchase and the assumptions we document (site data, client requirements, constraints, performance targets, budgets, timelines, applicable standards).

​

7.2 Client responsibilities. You must provide timely, accurate information and approvals. Delays or changes may affect timeline and fees.

​

7.3 Revisions. Unless stated otherwise, deliverables include 1 revision rounds within 7 days of delivery. Additional revisions are billed at an agreed-upon rate that shall not exceed 100% value of the initial charged fee.

​

7.4 Third-party dependencies. If deliverables rely on third-party inputs (surveys, geo-tech, as-built, vendor data, utility confirmations, authority feedback), we are not responsible for inaccuracies or delays caused by those inputs.

​

7.5 Not a substitute for statutory approvals. Concepts are not guaranteed to meet permitting or regulatory approval requirements without further work and coordination with local professionals.

​

8) Fees, Payments, Taxes, and Billing

8.1 Pricing.

Prices are shown on our website or in a written quote. We may change prices at any time, but changes won’t affect confirmed paid bookings.

​

8.2 Payment methods.

We accept payments via PayPal/M-Pesa/bank transfer/Cash. Payment processing may be handled by third parties; their terms may apply.

​

8.3 Taxes.

Prices are exclusive of VAT or sales taxes unless stated otherwise. You are responsible for any applicable taxes, duties, or bank fees.

​

8.4 Chargebacks.

If you initiate a chargeback without first attempting to resolve the issue with us, we may suspend access/services and recover chargeback fees and reasonable administrative costs where permitted by law.

​

8.5 Late payment (B2B).

For business clients on invoices: late payments may incur interest and recovery costs as permitted by law.

​

9) Refunds and Statutory Withdrawal Rights  

9.1 Our policy (baseline). Unless required by law or stated in a specific offer:

• Consultation fees are non-refundable once the session has been delivered.

• Missed/no-show sessions are non-refundable.

• Event tickets are non-refundable except if we cancel.

• Course purchases are non-refundable after access is granted.

​

9.2 EU/EEA/UK consumer withdrawal rights. If you are a consumer in the EU/EEA, you may have a 14-day “cooling-off” right for many online purchases, starting from the contract conclusion for services. 

• If you request us to start services during the withdrawal period, you may owe proportionate costs for the service performed up to the moment you withdraw. 

• Some digital content and some services may have exceptions/conditions (for example, where digital content is supplied immediately with appropriate acknowledgements). 

​

9.3 How to request a refund/withdrawal. Contact us through the channels provided on our website directly. We may ask for verification to prevent fraud.

​

10) Intellectual Property (IP) and Use Rights

10.1 Our IP.

The website, course materials, templates, methodologies, branding, and standard documents are owned by Evans or licensors and are protected by IP laws.

​

10.2 Deliverables for clients.

Unless a signed agreement states otherwise:

• Upon full payment, you receive a non-exclusive, non-transferable license to use deliverables for the specific project and purpose they were produced for.

• You may not resell, redistribute, publish, or reuse deliverables for other projects without our written permission.

10.3 Pre-existing materials.

We retain ownership of pre-existing tools, know-how, and reusable frameworks used to produce deliverables.

​

10.4 Portfolio rights.

We may display non-confidential excerpts of work in our portfolio (e.g., concept visuals) unless you opt out in writing or an NDA prohibits it.

​

11) Confidentiality

11.1 We will treat non-public project information you share as confidential and use it only to deliver the services.

​

11.2 Confidentiality does not apply to information that is public, already known without breach, independently developed, or required to be disclosed by law/court order.

​

11.3 If you require strict confidentiality terms (e.g., for investment or sensitive infrastructure projects), request a separate NDA.

 

12) Client Responsibilities & Cooperation

You agree to:

• Provide accurate requirements, constraints, and documents.

• Review deliverables promptly and provide feedback/approvals.

• Ensure you have rights to share any third-party materials with us.

• Use deliverables responsibly and obtain independent verification where appropriate.

 

13) Website Use Rules

You must not:

• Attempt to hack, scrape, reverse engineer, or disrupt the website.

• Upload malware or misuse forms.

• Use the site to infringe IP rights or violate laws.

• We may block access for violations.

 

14) Disclaimers  

14.1 Information “as is.”

Website information is provided for general purposes and may change.

​

14.2 No warranties.

To the maximum extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.

​

14.3 Critical infrastructure / safety.

For high-stakes environments (e.g., data centers), you must engage appropriately licensed local professionals and perform code compliance checks, safety reviews, commissioning, and risk assessments before construction or operation.

​

15) Limitation of Liability

15.1 Cap.

To the maximum extent permitted by law, our total liability for claims arising out of or relating to services/deliverables is limited to the fees you paid to us for the specific service giving rise to the claim. 

​

15.2 Excluded losses.

We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of business, loss of goodwill, loss of data, or procurement of substitute services.

​

15.3 Non-excludable rights.

Nothing in these Terms limits liability that cannot be excluded by law (e.g., fraud, willful misconduct, or certain statutory consumer rights).

​

16) Indemnity

If you are a Business Client, you agree to indemnify and hold us harmless from claims arising from:

• Your misuse of deliverables,

• Your breach of these Terms,

• Materials you provide that infringe third-party rights,

• Your project execution decisions, contractors, or site operations.

​

17) Force Majeure

We are not responsible for delays or failure due to events outside reasonable control (e.g., power/internet outages, supplier failures, strikes, disasters, war, epidemics, government actions). We will try to resume performance as soon as practical.

​

18) Third-Party Links and Tools

The website may link to third parties or integrate third-party tools (payments, calendars, video platforms, hosting). We are not responsible for third-party services; their terms and privacy policies apply.

​

19) Privacy and Data Protection

We process personal data in accordance with our Privacy Policy and applicable law (including, where applicable, the GDPR). 
You can find details on what we collect, why we collect it, legal bases, retention, and your rights in our Privacy Policy.

​

20) Changes to These Terms

We may update these Terms from time to time. The updated version will be posted with a new effective date. Continued use after changes means you accept the updated Terms.

​

21) Governing Law and Dispute Resolution

Governing law: Kenya

​