Terms and Conditions for Yard
Published: 1 August 2026 | Last updated: 1 August 2026
1. These Terms
1.1 These are the terms and conditions (the "Terms") on which We, Hamilton Technologies Limited ("Hamilton"), a company registered and incorporated in the Republic of Kenya under company number [company registration number], provide Yard to you.
1.2 The Terms govern access to and use of Yard (the "Service"), a service business management platform for trade businesses, including its mobile applications, web application and APIs.
1.3 Please read these Terms carefully before you create an account. They tell you who we are, what the Service does and does not do, how you and we may change or end this contract, and what to do if there is a problem.
1.4 By creating an account, activating an invitation, or using the Service, you agree that you understand and accept these Terms, which are legally binding upon you and create a contract between you and us. If you are accepting on behalf of a business, you warrant that you have authority to bind that business, and "you" means that business.
1.5 The data processing terms in Annex A and our Privacy Policy form part of these Terms. In the event of any inconsistency in relation to the processing of personal data, Annex A shall prevail.
2. Definition of Terms
2.1 "Business" means a business account created on the Service;
2.2 "Owner" means the user who creates a Business and holds the BUSINESS_OWNER role in it;
2.3 "Supervisor" means a user invited by an Owner and holding the BUSINESS_SUPERVISOR role;
2.4 "Authorised User" means an Owner or a Supervisor;
2.5 "Technician" means a worker recorded in a Business, who is not a user of the Service;
2.6 "Client" means a customer of a Business whose details are recorded on an order;
2.7 "Business Data" means all data submitted to the Service by or for a Business, including its service catalogue, Technician records, Client details, orders, payment records and payout calculations;
2.8 "Data Protection Law" means the Data Protection Act, 2019 and its regulations, as amended;
2.9 In these Terms, "You" or "Your" refers to the Business and its Authorised Users; "We", "Us" or "Our" refers to Hamilton; and headings are for convenience only and do not affect interpretation.
3. Access and Authentication
3.1 You must be at least 18 years old and legally capable of entering into a contract to use the Service.
3.2 Owners register with an email address and password. Supervisors are created by an Owner and activate their account through a time-limited invitation link sent to the email address the Owner supplies. Invitation links are personal and must not be shared or forwarded.
3.3 You are responsible for maintaining the confidentiality of your login credentials and authentication tokens, and for all activity conducted through your account.
3.4 You must notify us at support@hamilton.ke as soon as you suspect any unauthorised access to your account.
3.5 We reserve the right to deny, suspend or restrict access where there is suspicion of unauthorised access, fraud, a security incident, or non-compliance with these Terms.
4. Businesses, Roles and Access
4.1 A user may belong to more than one Business and may hold a different role in each. Access to features and data is determined by role within the relevant Business.
4.2 The Owner controls the Business account and may create, suspend and remove Supervisor accounts, define services and commission rates, and archive Technician, Supervisor and service records. As between you and us, we may act on the Owner's instructions concerning the Business and its Business Data.
4.3 Where an Authorised User's engagement with a Business ends, the Owner is responsible for revoking that person's access without delay.
4.4 Records that are archived remain in the Service marked inactive, so that historical orders and payout records stay intact. Archiving is not deletion; deletion is addressed in clause 14 and in our Privacy Policy.
5. The Service
5.1 Yard is a record-keeping and management tool. It records orders, payment amounts and payment modes (cash, card or mobile money), and calculates technician commissions and payout figures from the rates you configure.
5.2 You acknowledge that we are not a payment service provider, a bank, or a money remitter. Unless we state otherwise in writing for a feature you have enabled, the Service does not collect money from Clients and does not disburse payouts to Technicians. Amounts shown in the Service are records and calculations based on the information you enter.
5.3 You are solely responsible for paying your Technicians, for the accuracy of the rates you configure, and for all legal and regulatory obligations, including tax and statutory deductions, arising from those payments.
5.4 The Service does not constitute accounting, tax, legal or employment advice, and reports produced from it are not audited financial statements.
6. Your Responsibilities for Business Data
6.1 You are responsible for the accuracy, quality and legality of Business Data and for the means by which you acquired it.
6.2 The Service records personal data about people who are not its users, in particular Technicians (name, national identification number, date of birth and phone number) and Clients (name, phone number and job details). Before entering such data you must have a lawful basis under Data Protection Law and must give those persons the information required by section 29 of the Data Protection Act, 2019, including that their data is processed in Yard on your behalf.
6.3 You must not record a Technician who is under 18 years of age, and must not process special categories of personal data, such as health or biometric data, through the Service unless we agree in writing.
6.4 You are responsible for handling requests made to you by Technicians, Clients and other data subjects. We will assist you as set out in Annex A.
7. User Warranties
You represent and warrant, and shall be deemed to repeat each time you access or use the Service, that:
(a) the information you have provided to us is current, accurate, truthful and complete;
(b) you have the legal capacity and authority to enter into and comply with these Terms;
(c) your use of the Service does not violate any applicable law, regulation, court order or contractual obligation binding upon you, including Data Protection Law;
(d) you will not share account credentials, or exceed the number of Authorised Users covered by your plan;
(e) you will not attempt to access data belonging to another Business, probe or bypass access controls, or reverse engineer the Service;
(f) you will not upload malicious code or content that is false, misleading, defamatory, infringing or otherwise unlawful;
(g) you will not use the Service to send unsolicited marketing to Clients in breach of Data Protection Law or the Kenya Information and Communications Act;
(h) you will not scrape or resell the Service or its data, or use it to build a competing product;
(i) you will not interfere with the operation, security or integrity of the Service, including by automated extraction of data or by placing unreasonable load on it outside documented limits; and
(j) you will promptly give us such information and assistance as we may reasonably require to perform this contract.
8. Price and Payment
8.1 Plans, prices and billing periods are as indicated at [pricing page URL] or in your order form. Fees are stated in Kenya Shillings and are payable in advance for each billing period.
8.2 Fees are exclusive of Value Added Tax and other applicable taxes, which you shall pay in addition. Where withholding tax applies, you shall gross up so that we receive the full invoiced amount.
8.3 Subscriptions renew automatically unless cancelled before the renewal date. Except where required by law, fees already paid are not refundable.
8.4 Where an invoice remains unpaid for [14] days, we may suspend the Business account after notice and charge interest on the overdue amount at [1% per month].
8.5 We may change our prices on 30 days' notice before the start of a renewal period.
9. Availability and Support
9.1 We do not guarantee that the Service will always be available or uninterrupted. We may carry out planned maintenance and will give reasonable notice of maintenance likely to cause significant disruption.
9.2 Support is available by email at support@hamilton.ke from Monday to Friday, 8.30am to 5.30pm East Africa Time, excluding public holidays. Service level commitments apply only where agreed in a separate written order form.
9.3 We may modify or discontinue features. If we discontinue a material feature or the Service as a whole, we will give you at least 60 days' notice and a means of exporting your Business Data.
10. Data Protection
10.1 For personal data within Business Data, you are the data controller and we are your data processor. We process it only on your instructions, being these Terms and your use of the Service's features, and on the terms set out in Annex A.
10.2 For account registration data, billing data, support correspondence and security logs, we are a data controller in our own right, as described in our Privacy Policy.
10.3 Each party shall comply with its obligations under Data Protection Law.
11. Third Parties and Subprocessors
11.1 The Service is hosted on Google Cloud Platform in the europe-west1 region and relies on third party providers for hosting, email delivery, messaging, payment processing and error monitoring. A current list is available at [subprocessor list URL].
11.2 We remain responsible for our providers' processing of Business Data on the terms of Annex A. Where the Service links to a third party site or service, we are not responsible for its content, security or business practices, and your use of it is at your own risk.
12. Intellectual Property
12.1 All intellectual property rights, whether registered or unregistered, in the Service, including its software, source code, design, documentation, text, graphics and the Yard and Hamilton Technologies names and logos, remain our property. All rights are reserved. We grant you a non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes for the duration of these Terms.
12.2 You own your Business Data. You grant us a licence to host, copy, transmit, display and process it solely to provide, secure, support and improve the Service in accordance with these Terms and Annex A.
12.3 We may produce aggregated, de-identified statistics about use of the Service and use them to operate and improve our products, provided they do not identify you, any Authorised User, Technician or Client.
12.4 Where you send us feedback or suggestions, we may use them without restriction or obligation to you.
13. Confidentiality
Each party shall keep the other's confidential information secret, use it only for the purposes of these Terms, and protect it with at least reasonable care. This does not apply to information that is public through no breach of these Terms, independently developed, or required to be disclosed by law, a regulator or a court, in which case the disclosing party shall, where lawful, be notified first.
14. Suspension and Termination
14.1 You may terminate at any time by cancelling your subscription and closing your Business account.
14.2 We may suspend, restrict or terminate your access to the Service, with immediate effect where necessary, where:
i. you breach these Terms and, in the case of a remediable breach, do not remedy it within 14 days of notice;
ii. we reasonably suspect fraud, unauthorised activity or other unlawful conduct;
iii. you provide false, inaccurate or misleading information;
iv. fees remain unpaid after notice under clause 8.4;
v. suspension is necessary to protect the Service, other customers, or the security of Business Data; or
vi. suspension or termination is required by law, a regulatory authority or a court order.
14.3 For 30 days after termination you may request an export of your Business Data. After that period we will delete or irreversibly anonymise it within 90 days, except where we are required by law to retain records, or where it is held in routine backups which expire on their normal cycle.
14.4 Termination or suspension does not affect rights, obligations or liabilities accrued before it, or amounts owed to us. Clauses 5.2, 5.3, 12, 13, 15, 16 and 22 survive termination.
15. Disclaimer and Limitation of Liability
15.1 We warrant that we will provide the Service with reasonable skill and care. Otherwise, and to the fullest extent permitted by law, the Service is provided on an "as is" and "as available" basis. We make no representation or warranty that it will be error free, that it will meet your requirements, or that records or calculations derived from the information you enter will be accurate. Nothing in these Terms excludes rights under the Consumer Protection Act, 2012 that cannot lawfully be excluded.
15.2 Neither party limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be limited.
15.3 Subject to clause 15.2, neither party shall be liable for loss of profit, revenue, goodwill, anticipated savings or data, or for any indirect, special or consequential loss, whether arising in contract, negligence or tort.
15.4 Subject to clause 15.2, each party's total aggregate liability under these Terms is limited to the greater of the fees paid for the Service in the 12 months preceding the event giving rise to the claim and KES [50,000].
15.5 We shall not be liable for your failure to pay Technicians, for amounts recorded incorrectly as a result of information you entered, or for your own breaches of Data Protection Law.
16. Indemnity
You agree to indemnify and hold us, our directors, officers, employees and service providers harmless against any claims, losses, liabilities, fines, damages, costs or expenses, including reasonable legal costs, arising from: (a) your Business Data; (b) your breach of these Terms; (c) your violation of any applicable law or regulation, including Data Protection Law in respect of Technicians or Clients; or (d) your infringement of the rights of any third party.
17. Assignment
17.1 We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger or sale of our business.
17.2 You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
18. Severability and No Waiver
18.1 If any provision of these Terms is held to be invalid, illegal or unenforceable, it shall be severed and the remaining provisions shall continue in full force and effect.
18.2 Any delay or failure by either party to exercise a right or remedy shall not constitute a waiver of it. A waiver is effective only if made expressly and in writing.
18.3 Nothing in these Terms creates a partnership, agency or employment relationship, and there are no third party beneficiaries. These Terms, with Annex A and our Privacy Policy, constitute the entire agreement between the parties on this subject.
19. Force Majeure
Neither party shall be liable for any delay, interruption or failure to perform its obligations where it arises from causes beyond its reasonable control, including power outages, telecommunications or internet failures, information technology system failures, cyber attacks, natural disasters, epidemics, strikes, civil unrest, acts of terrorism, war, government action or changes in applicable law. Performance is excused for so long as the event continues to affect it.
20. Amendment
20.1 We reserve the right to vary or amend any feature of the Service or these Terms. For material changes we will give at least 30 days' notice by email or in the Service.
20.2 Continuing to use the Service after the effective date of an amendment means you accept the amended Terms. If you do not accept them, you may terminate before that date.
21. Dispute Resolution and Governing Law
21.1 To report a discrepancy or raise a complaint, contact us at support@hamilton.ke. The parties shall first attempt in good faith to resolve any dispute by negotiation between senior representatives within 30 days of written notice.
21.2 If the dispute is not resolved, it shall be referred to arbitration by a single arbitrator in Nairobi under the Arbitration Act, 1995, the arbitrator to be appointed by agreement or, failing agreement, by the Chairperson of the Nairobi Centre for International Arbitration.
21.3 These Terms will be governed by, construed and enforced in accordance with the laws of the Republic of Kenya, and any dispute not referred to arbitration shall be submitted to a Kenyan court of competent jurisdiction. Either party may seek urgent interim relief from the courts.
22. Notices and Contact
Notices to us shall be sent to support@hamilton.ke and to Hamilton Technologies Limited, [registered office address, Nairobi]. Notices to you will be sent to the email address on your account.
Annex A — Data Processing Terms
Applicable where Hamilton processes Business Data as a data processor under section 42 of the Data Protection Act, 2019
A1. Roles. For personal data within Business Data, including that of Technicians, Clients and Authorised Users acting for the Business, the Business is the data controller and Hamilton is the data processor. For account registration data, billing data, support correspondence and security logs, Hamilton is a data controller, as described in the Privacy Policy.
A2. Subject matter, duration, nature and purpose. Hamilton processes Business Data for the duration of the subscription, and the deletion periods in clause 14.3, in order to host and operate the Service: recording services and commission rates, Technician and Supervisor records, technician–supervisor assignment history, orders and order history, payment records, payout calculations and reporting, together with related support and security activities.
A3. Categories of data subject and personal data. Authorised Users (name, email address, role, authentication data, activity logs); Technicians (name, national identification number, date of birth, phone number, assignment and payout history); Clients (name, phone number, job details, order and payment history).
A4. Instructions. Hamilton shall process Business Data only on the documented instructions of the Business, being these Terms and the Business's use of the Service's features, and shall inform the Business if, in its opinion, an instruction breaches Data Protection Law.
A5. Confidentiality and personnel. Access is restricted to personnel who require it, who are bound by confidentiality obligations and trained on data protection.
A6. Security. Hamilton shall implement appropriate technical and organisational measures, including encryption in transit and at rest, role based access control with tenant isolation, hashed credentials, time limited invitation and session tokens, audit logging of order and record changes, least privilege administrative access protected by multi-factor authentication, managed backups, and periodic review of access and vulnerabilities.
A7. Subprocessors. The Business authorises Hamilton to engage subprocessors, including Google Cloud Platform for hosting in the europe-west1 region and the providers listed at [subprocessor list URL]. Hamilton shall impose equivalent data protection obligations on each subprocessor and remains liable for their performance. Hamilton shall give at least 30 days' notice of a new subprocessor, and the Business may object on reasonable data protection grounds; if the objection is not resolved, the Business may terminate the affected Service with a pro rata refund of prepaid fees.
A8. Transfers outside Kenya. Business Data is stored and processed in Google Cloud's europe-west1 region in Belgium. Transfers are made in reliance on section 48 of the Data Protection Act, 2019: the destination is subject to the EU General Data Protection Regulation, which affords a comparable level of protection; the transfer is supported by contractual data protection safeguards with the hosting provider and by encryption in transit and at rest; and a documented transfer assessment is available to the Business on request.
A9. Data subject requests. Where Hamilton receives a request from a Technician, Client or other data subject relating to Business Data, it shall not respond substantively but shall refer the request to the Business without undue delay, and shall provide reasonable assistance, including access, correction, export and deletion tooling, to help the Business respond within the statutory timeframe.
A10. Personal data breach. Hamilton shall notify the Business without undue delay, and in any event within 48 hours of becoming aware of a personal data breach affecting Business Data, with the information the Business requires to notify the Data Commissioner within 72 hours under section 43 of the Act.
A11. Assistance and audit. Hamilton shall provide reasonable assistance with data protection impact assessments and with enquiries from the Office of the Data Protection Commissioner, and shall make available information necessary to demonstrate compliance with this Annex. The Business may audit compliance once a year on 30 days' notice, or more often where required by a regulator, subject to confidentiality and to reimbursement of reasonable costs.
A12. Deletion and return. On termination Hamilton shall delete or return Business Data in accordance with clause 14.3, except where retention is required by law.