Terms of Service

1. Definitions

In these Terms, the following definitions apply:

• "Jenga Savannah" means Jenga Savannah Limited, a company registered in Kenya
• "Client" means any individual or entity that engages Jenga Savannah for services
• "Services" means the construction cost management, quantity surveying oversight, and escrow coordination services described herein
• "Portal" means the Jenga Savannah client portal accessible at jengasavannah.com/portal
• "Project" means the construction project in respect of which a Client has engaged Jenga Savannah
• "Escrow Manager" means the independent third-party escrow agent appointed to hold and disburse project funds
• "QS" means a licensed Quantity Surveyor engaged by Jenga Savannah to carry out site visits and assessments
• "Fee" means the amount payable by the Client to Jenga Savannah for the Services as agreed in the relevant service agreement

2. Our Services

Jenga Savannah provides the following service tiers:

Tier A — Foundation (Project Health Check)

• Review and analysis of the client's Bill of Quantities (BOQ)
• Line-by-line rate benchmarking against current Nairobi market rates
• A written QS recommendation report delivered within 5 business days

Tier B — Control (Full Site Monitoring)

• All services in Tier A
• Monthly certified site visits by a licensed QS
• Site reports delivered to the client portal within 48 hours of each visit
• Coordination with the independent Escrow Manager for milestone-linked fund disbursements
• Change order review and contractor dispute support
• Full access to the Jenga Savannah client portal

Tier C — Executive (End-to-End Management)

• All services in Tier B
• Contractor sourcing and vetting
• Dedicated project manager as a single point of contact
• Defects liability inspection at project handover

3. Scope and Limitations of Services

3.1 Independent Oversight Only

Jenga Savannah provides independent oversight and advisory services. We are not a construction company, contractor, or builder. We do not employ or directly manage the contractors working on your project. Our role is to independently monitor, certify, and report — not to directly execute construction works.

3.2 Escrow Management

Where escrow services are included, client funds are held by an independent Escrow Manager — a separate entity from Jenga Savannah. Jenga Savannah does not hold, receive, or control client funds at any stage. Escrow disbursements are made only upon verified milestone completion and client approval, in accordance with the terms of the escrow agreement.

3.3 No Guarantee of Contractor Performance

While Jenga Savannah takes all reasonable steps to monitor contractor performance and protect client interests, we cannot guarantee the conduct, performance, or financial standing of any contractor. Our services are designed to reduce risk — they do not eliminate it entirely.

3.4 Site Visit Frequency

Under Tier B and Tier C, site visits are conducted at the frequency specified in your service agreement, typically monthly. Jenga Savannah is not responsible for events occurring between scheduled visits that are not reported to us by the client or their appointed representatives.

4. Client Obligations

As a Client, you agree to:

• Provide accurate, complete, and up-to-date information about your project, budget, and contractors
• Notify Jenga Savannah promptly of any material changes to your project, including contractor changes, scope changes, or funding changes
• Maintain the confidentiality of your portal login credentials and notify us immediately of any unauthorised access
• Review and respond to site reports and milestone certifications in a timely manner
• Pay all fees in accordance with the agreed payment schedule
• Not engage in any conduct that would constitute fraud, misrepresentation, or breach of your construction contract

5. Fees and Payment

Fees for our services are as agreed in your written service agreement. Unless otherwise stated:

• Fees are quoted and payable in Kenyan Shillings (KES), United States Dollars (USD), or British Pounds (GBP) as agreed
• Payment is due in accordance with the schedule set out in your service agreement
• Jenga Savannah reserves the right to suspend services where fees remain unpaid for more than 14 days beyond the due date
• All fees are exclusive of applicable taxes unless stated otherwise

6. Limitation of Liability

Jenga Savannah shall not be liable for:

• Loss of profit, revenue, or anticipated savings
• Loss arising from contractor fraud, negligence, or insolvency beyond what could reasonably have been identified through our oversight process
• Indirect, consequential, or special loss of any kind
• Events beyond our reasonable control including natural disasters, government action, or force majeure events
• Loss arising from inaccurate or incomplete information provided by the Client or their representatives

7. Confidentiality

Both parties agree to keep confidential all non-public information shared in connection with the engagement. Jenga Savannah will not disclose your project details, financial information, or personal data to any third party except as required to deliver the Services or as required by law. This obligation survives termination of the engagement.

8. Intellectual Property

All reports, assessments, and documents produced by Jenga Savannah in connection with your project are the intellectual property of Jenga Savannah Limited until full payment of all fees has been received, at which point ownership of the deliverables transfers to the Client. Our website content, branding, and proprietary systems remain the sole property of Jenga Savannah Limited at all times.

9. Termination

9.1 Termination by the Client

A Client may terminate a service agreement by providing written notice to projects@jengasavannah.com. Fees for work completed or committed up to the date of termination remain payable in full. Any prepaid fees for services not yet commenced will be refunded at Jenga Savannah's discretion.

9.2 Termination by Jenga Savannah

Jenga Savannah may terminate a service agreement immediately upon written notice where:

• The Client fails to pay fees within 14 days of the due date
• The Client provides materially false or misleading information
• Continuing the engagement would require Jenga Savannah to act unlawfully or unethically
• The Client engages in conduct that is abusive, threatening, or harmful toward Jenga Savannah staff

10. Dispute Resolution

In the event of a dispute arising from these Terms or any service engagement, the parties agree to first attempt resolution through good faith negotiation. If the dispute is not resolved within 30 days of written notice, it shall be referred to mediation in Nairobi, Kenya. If mediation fails, the dispute shall be submitted to the courts of Kenya, which shall have exclusive jurisdiction.

11. Use of the Client Portal

• Access to the portal is granted solely for the purpose of monitoring your active project with Jenga Savannah
• You must not share your portal login credentials with any unauthorised person
• You must not attempt to access data belonging to other clients
• Jenga Savannah reserves the right to suspend portal access where misuse is suspected
• The portal is provided on an "as available" basis. We do not guarantee uninterrupted access and shall not be liable for any loss resulting from temporary unavailability

12. Amendments

Jenga Savannah reserves the right to amend these Terms of Service at any time. Clients will be notified of material changes via email or through the client portal at least 14 days before the changes take effect. Continued use of our services after that date constitutes acceptance of the updated Terms.

13. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes shall be subject to the exclusive jurisdiction of the courts of Kenya.

14. Entire Agreement

These Terms of Service, together with your written service agreement and our Privacy Policy, constitute the entire agreement between you and Jenga Savannah Limited in respect of the Services. They supersede all prior representations, discussions, and agreements, whether written or oral.

© 2026 Jenga Savannah Limited. All rights reserved. These Terms are governed by the laws of the Republic of Kenya.