Terms & Conditions

These Terms and Conditions ("Terms") govern the provision of urban and regional planning services by Lybrae Spatial Solutions ("Lybrae," "we," "us," or "our") to our clients ("Client," "you," or "your"). By engaging our services, you agree to be bound by these Terms. These Terms are designed to ensure clarity, mutual understanding, and compliance with applicable laws, including, where relevant, the Physical and Land Use Planning Act (PLUPA) or other pertinent legislation.

2.1 Services Provided: Lybrae Spatial Solutions provides professional urban and regional planning services, including but not limited to land use planning, zoning analysis, master planning, environmental impact assessments, community engagement, and development control consultancy. The specific scope of services will be outlined in a separate agreement or proposal ("Service Agreement").
2.2 Limitations: Our services are provided based on the information supplied by the Client and in accordance with applicable laws, regulations, and professional standards. We are not responsible for inaccuracies in Client-provided information or changes in applicable laws after project commencement.
2.3 Compliance: Where applicable, Lybrae will ensure that services align with relevant legislation, such as the Physical and Land Use Planning Act (PLUPA), local zoning regulations, and other statutory requirements.

3.1 Provision of Information: The Client shall provide accurate, complete, and timely information necessary for the performance of the services, including property details, project objectives, and any relevant documentation.
3.2 Access to Site: The Client shall ensure Lybrae has reasonable access to project sites for surveys, assessments, or other necessary activities, subject to prior agreement.
3.3 Compliance with Laws: The Client is responsible for obtaining necessary permits, approvals, or consents required for the project, unless otherwise agreed in the Service Agreement.

4.1 Fees: Fees for services shall be specified in the Service Agreement. Unless otherwise stated, fees exclude taxes, levies, or other government charges.
4.2 Payment Terms: Invoices are due within thirty (30) days of issuance unless otherwise agreed. Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law.
4.3 Additional Costs: Any additional services requested beyond the agreed scope or costs arising from unforeseen circumstances (e.g., regulatory changes) will be subject to additional fees, to be agreed upon in writing.

5.1 Lybrae shall treat all Client information as confidential and shall not disclose it to third parties without prior written consent, except as required by law or to fulfill the services.
5.2 The Client shall not disclose proprietary methodologies, reports, or intellectual property provided by Lybrae without prior written consent.

6.1 All plans, designs, reports, and other deliverables created by Lybrae remain our intellectual property until full payment is received, after which the Client is granted a non-exclusive license to use the deliverables for the intended project.
6.2 Lybrae retains the right to use deliverables for promotional or professional purposes, subject to confidentiality obligations.

7.1 Limitation of Liability: Lybrae’s liability for any claim arising from our services shall be limited to the total fees paid by the Client for the specific project. Lybrae shall not be liable for indirect, consequential, or incidental damages, including loss of profits.
7.2 Indemnity: The Client agrees to indemnify and hold Lybrae harmless from claims, damages, or liabilities arising from the Client’s failure to provide accurate information, comply with laws, or obtain necessary approvals.
7.3 Professional Standards: Lybrae shall perform services with reasonable care and skill in accordance with industry standards. No warranties, express or implied, are provided beyond this commitment.

8.1 By Either Party: Either party may terminate the Service Agreement with thirty (30) days’ written notice, or immediately in case of material breach not remedied within fourteen (14) days of notice.
8.2 Effect of Termination: Upon termination, the Client shall pay for all services rendered up to the termination date. Lybrae will deliver all completed work, subject to full payment.

9.1 Any disputes arising under these Terms or the Service Agreement shall first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to mediation before pursuing legal action.
9.2 Governing Law: These Terms shall be governed by the laws of the jurisdiction in which the project is located, or as specified in the Service Agreement.

Lybrae shall not be liable for delays or failure to perform services due to events beyond our reasonable control, including natural disasters, governmental actions, or unforeseen regulatory changes.

These Terms may be amended by Lybrae with thirty (30) days’ written notice to the Client. Amendments shall not affect ongoing projects unless agreed in writing.

For inquiries or notices regarding these Terms, contact:
Lybrae Spatial Solutions
40024 - 00100 Nairobi, Kenya

info@lybrae.com

+254 712 426 080

By engaging Lybrae Spatial Solutions, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

These Terms may be amended by Lybrae with thirty (30) days’ written notice to the Client. Amendments shall not affect ongoing projects unless agreed in writing.