1.0 Agreement Formation & Definition of Key Terms
1.1 Binding Agreement
This Order becomes a legally binding agreement between the Client and Create A Tee Ltd upon the occurrence of any one of the following "Commencement Triggers":
- (a) Our confirmed receipt of a down payment or deposit.
- (b) Our confirmed receipt of a valid, approved Local Purchase Order (LPO).
- (c) Your written approval (via email or official platform authorization) to proceed with the work as quoted.
1.2 Definition: Total Order Value
The "Total Order Value" refers to the final agreed-upon price for the complete scope of work, as specified in the governing document, which may be the official quotation, the LPO, or the associated invoice.
2.0 Client-Initiated Cancellation: Process & Financial Implications
All cancellation requests must be submitted as a formal written notice to orders@createatee.co.ke. Verbal cancellations are not accepted. The financial implications are determined solely by the project's status at the time we acknowledge your written request.
2.1 Cancellation PRIOR to Work Commencement
- Condition: This applies if cancellation occurs before any of the "Commencement Triggers" in Section 1.1 have been met.
- Financial Settlement: A five percent (5%) processing and administration fee of the Total Order Value will be charged. This fee is non-negotiable and covers costs related to project preparation, administrative labor, and reserved capacity that we turned away other business for.
- Refund Calculation: Any funds already paid by the Client will be refunded, minus the 5% fee and minus any non-recoverable third-party payment processing fees (e.g., credit card/PayPal transaction fees).
Example: For a Total Order Value of Ksh10,000 with a Ksh2,000 advance payment, the refund would be: Ksh 2,000 - (5% of Ksh 10,000 = Ksh 500) - [Payment Fees] = Ksh1,500 - [Payment Fees].
2.2 Cancellation AFTER Work Commencement
- Condition: This applies if cancellation occurs after any of the "Commencement Triggers" in Section 1.1 have been met, but before the final work product has been delivered and accepted.
- Financial Settlement: A cancellation fee of fifty percent (50%) of the Total Order Value is immediately due and payable. This fee compensates for allocated resources, dedicated labor, administrative costs, and significant lost commercial opportunity.
- Settlement Scenarios:
- Scenario A (Shortfall): If payments received are less than the 50% fee, the Client will be invoiced for the difference, payable within 15 net days.
- Scenario B (Surplus): If payments received exceed the 50% fee, the surplus will be refunded to the Client within 30 days.
- Work Product Handover: Upon full settlement of the cancellation fee, we will provide the Client with all completed work-in-progress materials.
2.3 Cancellation AFTER Final Delivery & Acceptance
- Condition: This applies once the final work product has been delivered to the Client and the agreed-upon acceptance period (if any) has lapsed.
- Financial Settlement: Cancellation is not permitted at this stage. The Client is obligated to pay the full 100% of the Total Order Value, which becomes immediately due and payable if any balance remains.
3.0 Summary of Cancellation Fees
For immediate clarity, the following table summarizes the financial obligations:
Stage of Cancellation |
Condition |
Fee Applied |
Client's Financial Obligation |
Prior to Commencement |
Before any Commencement Trigger |
5% of Total Order Value |
Pays the 5% fee; receives refund of any balance. |
After Commencement |
After any Commencement Trigger |
50% of Total Order Value |
Pays the 50% fee (either from deposit or via invoice). |
After Final Delivery |
After final work is delivered |
100% of Total Order Value |
Pays the entire remaining balance. Sale is final. |
4.0 Termination for Cause
Notwithstanding the above, either party may terminate this agreement for a material breach by the other party by providing 14 days' written notice detailing the breach. If the breach is not cured within that 14-day period, the agreement may be terminated. If we terminate due to your breach, the cancellation fees outlined in Section 2.2 shall apply.
5.0 General Provisions
- Governing Law: This agreement shall be governed by and construed in accordance with the laws of Kenya.
- Dispute Resolution: The parties agree to first attempt to resolve any dispute through mediation with a neutral mediator before initiating any litigation.
- Policy Updates: Create A Tee Ltd reserves the right to update this policy. The version in effect at the time the Client's order was placed will govern that order.