1. Introduction and Acceptance
These Terms of Service (“Terms”) govern access to and use of the website of The Books mechanics Advisory Ltd (“Books mechanics,” “the Firm,” “we,” “us,” or “our”), a company incorporated under the Laws of Kenya with its principal place of business at Brookside, Nairobi, Kenya (the “Website”), and any engagement of our services. By accessing or using the Website, submitting an enquiry, or engaging our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, please discontinue use of the Website and do not engage our services.
2. Nature of the Firm and Scope of Services
2.1 General Nature
The Books mechanics Advisory Ltd is a financial and business consulting firm. We provide bookkeeping and accounting support, tax advisory services, business growth consultation, and personal finance and investment consultation.
2.2 No Audit Services
Books mechanics is not a registered audit firm and does not provide statutory audit, assurance, or attestation services of any kind. Nothing on this Website, and no communication from our directors, partners, or staff, shall be construed as an offer or agreement to perform an audit or to issue an audit opinion.
2.3 ICPAK Registration Status
Books mechanics is not currently registered with the Institute of Certified Public Accountants of Kenya (ICPAK) as a practising firm, and does not hold itself out as a firm of “Certified Public Accountants (Kenya),” “Certified Public Accountants in Public Practice,” or any other title reserved under the Accountants Act (Cap. 531) or its regulations for persons or firms registered with ICPAK. Our directors and consultants provide services in an advisory and consulting capacity, drawing on professional training and experience, and do not represent that they hold a practising certificate issued by ICPAK unless expressly stated in writing on an individual basis.
2.4 Referral for Regulated Services
Where a Client's matter requires services that, by law, may only be performed by a registered and licensed audit firm, a practising Certified Public Accountant, a licensed tax agent, or an advocate of the High Court of Kenya (including statutory audits, court representation, or matters requiring a licensed tax agent under the Tax Procedures Act), Books mechanics will inform the Client accordingly and, where appropriate, refer the Client to a suitably licensed or registered professional. We do not perform, and will not accept instructions to perform, services that require a licence or registration we do not hold.
3. No Professional Relationship Without Engagement
3.1 General Information Only
Information published on this Website is provided for general informational purposes only. It does not constitute financial, tax, investment, legal, or professional advice specific to your circumstances and should not be relied upon as such.
3.2 When a Relationship Begins
No advisor-client, fiduciary, or other professional relationship is created between you and Books mechanics, its directors, or its consultants merely by browsing this Website, submitting an enquiry, or booking a consultation. Such a relationship arises only once both parties have signed a written engagement letter or service agreement setting out the specific scope, fees, and terms of the engagement.
3.3 Preliminary Consultations
Any consultation offered through this Website (including an initial or complimentary consultation) is preliminary in nature and does not constitute professional advice on which you may rely for decision-making purposes.
4. Client Responsibilities
4.1 Accuracy of Information
The accuracy, completeness, and quality of our advice and output depends on the information, documents, and records the Client provides. The Client warrants that all information supplied to Booksmechanics is true, accurate, and complete to the best of the Client's knowledge.
4.2 Reliance on Client Information
Booksmechanics is entitled to rely on information and documentation provided by the Client without independent verification, unless our engagement letter states otherwise. We accept no liability for errors, omissions, or consequences arising from inaccurate, incomplete, or misleading information supplied by the Client or by third parties on the Client's behalf.
4.3 Client's Ultimate Responsibility
The Client remains responsible at all times for the accuracy of statutory filings made in the Client's name and for compliance with all applicable laws, even where Booksmechanics has assisted in preparation. Ultimate responsibility for a business's statutory and tax obligations rests with its directors and/or the individual taxpayer.
5. Fees and Payment
Fees for services are agreed separately in writing (by quotation, proposal, or engagement letter) prior to commencement of work. Unless otherwise agreed, invoices are payable within the timeframe stated on the invoice. Booksmechanics reserves the right to suspend or terminate services for non-payment, subject to reasonable prior written notice.
6. Intellectual Property
6.1 Ownership
All content on this Website, including text, graphics, logos, and design, is the property of Booksmechanics or its licensors and is protected under the Copyright Act (Cap. 130) of Kenya and applicable intellectual property laws.
6.2 Permitted Use
You may view and print content from this Website for personal, non-commercial reference only. You may not reproduce, distribute, or republish any content without our prior written consent.
7. Confidentiality
Both parties agree to keep confidential any non-public information disclosed in the course of an engagement, save where disclosure is required by law, by a regulatory or tax authority (including the Kenya Revenue Authority), or by court order.
8. Limitation of Liability
8.1 Exclusion of Indirect Loss
To the fullest extent permitted by the Laws of Kenya, Booksmechanics, its directors, employees, and consultants shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, revenue, business opportunity, or data, arising out of or in connection with use of this Website or the provision of services, whether based in contract, tort, or otherwise.
8.2 Cap on Liability
Where liability cannot lawfully be excluded, Booksmechanics' aggregate liability to a Client arising out of or in connection with any engagement shall not exceed the total fees paid by that Client to Booksmechanics for the specific service giving rise to the claim in the twelve (12) months preceding the event giving rise to the claim.
8.3 Third-Party and Client Deviation
Booksmechanics shall not be liable for any loss or damage arising from decisions made by the Client that deviate from, or are made without regard to, our written advice, nor for the acts, omissions, delays, or insolvency of any third party (including the Kenya Revenue Authority, NSSF, SHIF, banks, or other institutions).
9. Indemnification
The Client agrees to indemnify and hold harmless Booksmechanics, its directors (Ms. Unnati Patel and Ms. Vaibhavi Valand), employees, and consultants from and against any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising from: (a) the Client's breach of these Terms; (b) inaccurate or incomplete information provided by the Client; or (c) the Client's misuse of any advice or work product provided by Booksmechanics.
10. Limitation on Directors' Personal Liability
Booksmechanics is a private limited liability company duly incorporated under the Companies Act, 2015 of Kenya. Save in cases of fraud, wilful misconduct, or as otherwise required by law, no director, shareholder, employee, or consultant of Booksmechanics shall bear personal liability for the obligations of the company. Any claim arising from services rendered shall lie against the company and not against its directors in their personal capacity.
11. Third-Party Links and Content
This Website may contain links to third-party websites for convenience. Booksmechanics does not endorse, and is not responsible for, the content, accuracy, or practices of any third-party website.
12. No Guarantee of Results
Booksmechanics does not guarantee any specific financial, tax, or business outcome. Forecasts, projections, and strategic recommendations are based on information available at the time and are inherently subject to change in circumstances, market conditions, and regulatory developments beyond our control.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the Laws of Kenya.
13.2 Dispute Resolution
The parties shall use reasonable efforts to resolve any dispute amicably. Failing amicable resolution within thirty (30) days, disputes shall first be referred to mediation and, failing that, shall be subject to the exclusive jurisdiction of the courts of Kenya sitting in Nairobi.
14. Amendments
Booksmechanics reserves the right to amend these Terms at any time. Amended Terms will be posted on this Website with an updated “Last Updated” date. Continued use of the Website, or continued engagement of services, after such amendment constitutes acceptance of the revised Terms.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16. Contact
The Booksmechanics Advisory Ltd — Brookside, Nairobi, Kenya
Email: thebooksmechanics@gmail.com Phone: +254 729 486423
THE BOOKSMECHANICS ADVISORY LTD
Brookside, Nairobi, Kenya