1. Acceptance of Terms
By accessing our website, engaging our services, or entering into a service
agreement with BioAgriSence Consultancy ("Company," "we," "our," or "us"), you ("Client,"
"you," or "your") acknowledge that you have read, understood, and agree to be bound
by these Terms of Service and all applicable laws and regulations.
These terms constitute a legally binding agreement between you and BioAgriSence Consultancy. If
you do not agree to these terms, you must not use our services or access our website.
⚠️ Important: BioAgriSence laws and regulations are complex and
subject to change. These terms do not guarantee any specific outcome for your
BioAgriSence application.
2. Definitions
For the purposes of these Terms of Service, the following
definitions apply:
Services
Scientific and business consultation, technical advisory, regulatory guidance, research design, and related services provided by BioAgriSence Consultancy.
Client
Any individual, entity, or corporation (e.g., AgTech startup, agribusiness, research institution) that engages BioAgriSence Consultancy for our professional services.
Intellectual Property (IP)
Any and all patents, trademarks, copyrights, trade secrets, proprietary data, and biological material concepts developed by the Client or related to the Project.
Regulatory Body
National or international government agencies responsible for oversight in agriculture, biosafety, environmental protection, or public health (e.g., KEPHIS, NEA, CFIA).
Agreement
The written Statement of Work (SOW) or formal service agreement between BioAgriSence Consultancy and the Client, including these Terms of Service.
Confidential Information
All proprietary technical data, biological research results, formulas, business plans, and commercial strategies disclosed by one party to the other.
Project Fees
The professional fees charged by BioAgriSence Consultancy for the Services outlined in the SOW, exclusive of third-party costs (e.g., lab fees, regulatory filing fees).
Force Majeure
Events beyond our reasonable control including natural disasters, governmental policy changes impacting agriculture, pandemics, or unforeseen research failures.
3. Our Services
3.1 Scope of Services
BioAgriSence Consultancy provides a benefit-Focused: Accelerating Agricultural Innovation:
🎯 Consultation Services
- • Potato Agronomy
- • Molecular Diagnostics
- • Gene Editing (CRISPR)
- • Training and Capacity Building
- • Seed systems
- • Biosensing
📞 Support Services
- • Regular status updates
- • Government correspondence
- • Query resolution
- • Post-submission support
3.2 Service Limitations
🚫 What We Cannot Do:
- Legal Representation: We do not provide legal representation in
court proceedings
- Fraudulent Documentation: We do not assist with false or
misleading information
- Government Decisions: We cannot influence or control government
processing times or decisions
- Regulated Activities: We cannot perform activities reserved for
lawyers or other regulated professionals
4. Client Obligations
As our client, you agree to the following obligations:
Truthful Information
Provide complete, accurate, and truthful
information at all times. Any misrepresentation may result in application
refusal and termination of services.
Payment Obligations
Pay all fees according to the agreed schedule.
Government fees are separate and payable directly to authorities.
Communication
Maintain open communication and respond
promptly to our requests for information or clarification.
Compliance
Comply with all applicable laws, regulations,
and requirements throughout the process.
⚠️ Important: Failure to meet these obligations may result in
delays, additional costs, application refusal, or termination of services without
refund.
5. Fees and Payment Terms
5.1 Service Fees
| Service Type |
Professional Fee |
Government Fee* |
Payment Terms |
| Potato Agronomy |
$299 - $499 |
$100 CAD |
50% upfront, 50% on submission |
| Molecular Diagnostics |
$499 - $799 |
$150 CAD |
50% upfront, 50% on submission |
| Gene Editing (CRISPR) |
$599 - $999 |
$155 CAD |
50% upfront, 50% on submission |
| Training and Capacity Building |
$899 - $1,999 |
$1,365 CAD |
30% upfront, 40% milestone, 30% submission |
| Seed systems & Biosensing |
$699 - $1,499 |
$1,080 CAD |
50% upfront, 50% on submission |
*Government fees are subject to change and payable
directly to KRA
5.2 Payment Terms
Payment Methods
- • Credit/Debit Cards (Visa, Mastercard)
- • Bank transfers
- • Certified cheques
- • Online payment platforms
Payment Schedule
- • Initial consultation: Due upon booking
- • Retainer: Due before work begins
- • Milestone payments: As specified in agreement
- • Final payment: Before submission
Late Payments
- • 2% monthly interest on overdue amounts
- • Work suspension after 30 days
- • Collection fees may apply
- • No application submission until paid
Additional Costs
- • Translation services (if required)
- • Courier and mailing fees
- • Third-party assessment fees
- • Rush processing charges
💰 Refund Policy
Refunds are considered on a case-by-case basis. Generally, fees are non-refundable
once work has commenced. See Section 9 for detailed termination and refund terms.
- • Full refund if services not commenced within 14 days
- • Partial refund may apply for early termination
- • No refund for government fees or third-party costs
- • Refusal of application does not guarantee refund
6. Professional Standards
Our Professional Commitments 🌱
BioAgriSence Consultancy is committed to maintaining the highest scientific, technical, and ethical standards in all our engagements, adhering to global best practices for research, development, and agricultural consultancy.
Ethical & Scientific Standards
- • Maintain Technical Competence in AgTech, Bioscience, and Regulation
- • Act in the client's Scientific and Commercial Best Interests
- • Provide Data-Driven and Impartial Advice based on current research
- • Ensure strict client and Intellectual Property (IP) confidentiality
- • Adhere to all relevant National Biosafety & Environmental Regulations
- • Avoid Conflicts of Interest that could compromise objectivity
Service & Compliance Standards
- • Respond to client inquiries within 48 hours
- • Provide regular project milestones and progress updates
- • Maintain accurate scientific and regulatory records
- • Use secure data handling and communication methods
- • Provide clear and transparent project scoping and fee structures
- • Deliver consultation and reports in a timely manner
🔬 Industry Affiliations: Our consultants hold degrees and affiliations with recognized scientific and agricultural bodies, ensuring our advice meets the standards required for regulatory submissions and R&D integrity.
7. Limitation of Liability
⚠️ Important Disclaimers
Please read this section carefully as it limits BioAgriSence Consultancy's liability and
affects your legal rights concerning the outcomes of scientific consultation.
7.1 No Guarantee of Project Outcomes or Approvals
BioAgriSence Consultancy provides advice based on current scientific knowledge and regulatory requirements. We do not guarantee the technical success of research and development (R&D) efforts, the efficacy of biological products, or the final regulatory approval (e.g., from bodies like KEPHIS, NEA, or PPB) of any product or submission. Regulatory decisions and scientific results are subject to external factors, including data quality, biological variability, and governmental policy changes.
7.2 Limitation of Damages
Our total liability to you for any claim arising from our services shall not exceed the
total amount of professional fees paid to us for the specific service giving rise to the
claim. We shall not be liable for:
- Indirect, consequential, or punitive damages
- Lost profits, revenues, or business opportunities related to R&D failure
- Financial losses resulting from external scientific risks or market fluctuations
- Damages caused by client's misuse or misapplication of our recommendations
- Government regulatory delays or rejection of product submissions
- Losses resulting from changes in relevant Agricultural or Environmental Laws
- Third-party actions or decisions affecting project success
- Force majeure events (e.g., extreme weather, pandemics)
7.3 Professional Insurance
BioAgriSence Consultancy maintains professional liability insurance (Errors & Omissions) typical for scientific and business consulting firms. Claims may be covered by our insurance subject to policy terms and conditions.
8. Confidentiality
🔒 Your Privacy is Protected
We are committed to protecting the confidentiality of all information you provide to
us in accordance with professional standards and applicable privacy laws.
What We Protect
- • Personal identification information
- • Financial records and statements
- • Education documents
- • Family and relationship details (if applicable)
- • Employment records
- • Medical information (if applicable)
- • All communications with our office
Permitted Disclosures
- • To government authorities as required
- • With your written consent
- • To our authorized service providers
- • As required by law or court order
- • To prevent fraud or illegal activity
- • For quality assurance purposes (anonymized)
- • To our professional insurance provider
📄 Data Retention: We retain your information for a minimum of 7
years after the completion of services as required by professional regulations. See
our Privacy Policy for complete details.
9. Termination
9.1 Termination by Client
You may terminate our services at any time by providing written notice. Upon
termination:
- You are responsible for all fees incurred up to the date of termination
- We will provide copies of all documents and work completed
- Any refund will be calculated based on work remaining
- Government fees and third-party costs are non-refundable
- We will cease all work immediately upon notice
9.2 Termination by BioAgriSence Consultancy
We may terminate our services in the following circumstances:
With Notice
- • Non-payment of fees after 30 days
- • Failure to provide required documents
- • Breakdown in client-consultant relationship
- • Change in circumstances affecting service
Immediate Termination
- • Providing false or misleading information
- • Requesting fraudulent documentation
- • Threatening or abusive behavior
- • Conflict of interest situations
9.3 Post-Termination Obligations
Upon termination, both parties remain bound by confidentiality obligations. We will
transfer your file to another consultant if requested and ethically appropriate.
10. Intellectual Property
Our Property
- • Website content and design
- • Proprietary forms and templates
- • Business processes and methodologies
- • Training materials and resources
- • Software and technology systems
- • Trademarks and brand materials
Your Property
- • Personal documents and information
- • Photographs and identity documents
- • Educational and professional certificates
- • Financial records and statements
- • Work products created for your case
- • Completed application forms
You grant us a limited license to use your information and documents solely for the
purpose of providing BioAgriSence services. We do not claim ownership of your personal
documents or information.
12. Governing Law
These Terms of Service are governed by the laws of the Republic of Kenya. Any legal
proceedings shall be conducted exclusively in the competent courts of Nairobi, Kenya.
Applicable Laws
- • Biosafety Act, 2009 (Regulating GMOs and Biotech)
- • Industrial Property Act, 2001 (Governing Patents and IP)
- • Plant Breeders' Rights Act
- • Data Protection Act, 2019
- • Environmental Management and Co-ordination Act (EMCA)
Jurisdiction
- • Primary: High Court of Kenya
- • Location: Nairobi, Kenya
- • Alternative: Binding arbitration
- • Language: English
13. Changes to Terms
BioAgriSence Consultancy reserves the right to modify these Terms of Service at any time. Changes
will be effective immediately upon posting on our website. We will notify existing
clients of material changes by:
- Email notification to registered clients
- Prominent notice on our website
- Direct notification during service interactions
- Update to the "Last Updated" date
⚠️ Continued Use: Your continued use of our services after changes
are posted constitutes acceptance of the modified terms. If you do not agree to
changes, you must discontinue use of our services.
📋 Agreement Confirmation
By engaging our services, signing our service agreement, or using our website, you
acknowledge that you have:
Read and understood these Terms of Service in their
entirety
Agreed to be bound by all terms and
conditions
Understood the limitations and disclaimers
Confirmed your authority to enter into this
agreement
Effective Date: These terms become effective upon your first use of
our services or acceptance of our service agreement, whichever occurs first.