Terms of Service

By accessing our website, submitting inquiries, or engaging Nelka Collections Ltd for any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Nelka Collections Ltd governing your use of our services and website.

If you do not agree with any part of these Terms, you must refrain from using our website and services. Your continued use of our services following the posting of any changes to these Terms will constitute your acceptance of those changes.

Nelka Collections provides professional debt recovery services, credit reporting and financial intelligence, and market research and business intelligence to clients across East and Southern Africa. Our debt recovery services involve engaging with debtors on behalf of clients to recover outstanding amounts through professional communication, negotiation, and, where necessary, coordination with legal professionals.

Our credit reporting services provide clients with detailed assessments of the financial standing and creditworthiness of businesses and individuals, while our market research services deliver region-specific intelligence on business conditions, regulatory developments, and market trends.

Clients who engage Nelka Collections for services agree to provide accurate, lawful, and complete information in connection with the debts or matters they refer to us. Clients are responsible for confirming that they have the legal entitlement to pursue the claimed debts and that all documentation submitted to us, including contracts, invoices, and supporting records, is authentic, accurate, and has not been tampered with or falsified.

Clients further agree to comply with all applicable laws and regulations in connection with their use of our services, including data protection laws and consumer protection regulations. Nelka Collections shall not be held responsible or liable for any inaccuracies, errors, or omissions in the information supplied by clients, and any consequences arising from such inaccuracies shall be the sole responsibility of the client.

While Nelka Collections applies professional expertise, industry knowledge, and reasonable efforts to every engagement, we do not and cannot guarantee the successful recovery of any specific debt or the achievement of any particular outcome. The results of debt recovery efforts depend on numerous factors beyond our control, including the financial circumstances of the debtor, the jurisdiction in which the debtor is located, the nature and enforceability of the underlying obligation, and the applicable legal processes and timelines.

Timelines for recovery may vary significantly depending on these factors, and clients acknowledge that delays, partial recoveries, or unsuccessful outcomes are possible notwithstanding our best professional efforts. We provide regular progress updates so that clients remain informed throughout the process.

Our fees are performance-based unless otherwise agreed in writing in an individual service agreement. This means that, for debt recovery services, clients are only charged upon the successful recovery of funds. The specific fee structure, including percentage rates and any applicable minimum charges, is outlined in the service agreement entered into between Nelka Collections and the client.

In addition to our performance-based fees, clients may be responsible for approved third-party costs incurred during the recovery process, including but not limited to legal fees, court filing costs, investigation expenses, and tracing costs. Such third-party costs are only incurred with the prior approval and authorization of the client, and detailed records of all expenses are provided. Payment terms, including due dates and methods of payment, are specified in the individual service agreement.

All information exchanged between Nelka Collections and its clients, including debtor information, financial records, service agreements, and communications, is treated as strictly confidential. We do not disclose confidential information to any third party except where such disclosure is required by law, ordered by a court of competent jurisdiction, necessary for regulatory compliance, or authorized in writing by the client.

Our confidentiality obligations apply to all employees, contractors, and agents of Nelka Collections who have access to client information, and all such individuals are bound by appropriate confidentiality agreements. These obligations survive the termination or expiry of any service agreement between Nelka Collections and the client.

All content, branding, logos, designs, documents, methodologies, reports, and materials published on our website or provided in the course of our services are the intellectual property of Nelka Collections Ltd and are protected by applicable intellectual property laws. No part of our website content or service materials may be reproduced, distributed, modified, displayed, or used in any manner without the prior written consent of Nelka Collections Ltd.

Unauthorized use of our intellectual property may result in legal action. Clients are granted a limited, non-exclusive, non-transferable licence to use reports and materials provided to them solely for their internal business purposes in connection with the services we have provided.

To the maximum extent permitted by applicable law, Nelka Collections Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of our services or website, regardless of the cause of action or the theory of liability. This limitation applies whether such damages arise from breach of contract, tort, negligence, strict liability, or any other legal theory.

In any event, the total aggregate liability of Nelka Collections Ltd for any and all claims arising out of or relating to our services shall not exceed the total amount of fees actually paid by the client for the specific service giving rise to the claim. This limitation of liability is a fundamental element of the basis of the agreement between Nelka Collections and the client.

Clients agree to indemnify, defend, and hold harmless Nelka Collections Ltd, its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses, including reasonable legal fees, arising out of or in connection with inaccurate, incomplete, or unlawful information provided by the client, any breach of applicable laws or regulations by the client, misrepresentation of debt claims or the client's entitlement to pursue recovery, or the client's breach of any provision of these Terms.

This indemnification obligation shall survive the termination or expiry of any service agreement between the client and Nelka Collections and shall extend to all related actions, proceedings, and settlements.

Nelka Collections reserves the right to suspend or terminate the provision of services to any client at any time, with or without prior notice, where we determine in our sole discretion that such action is necessary. Grounds for suspension or termination include, but are not limited to, legal or regulatory compliance requirements, breach of these Terms by the client, the provision of false, misleading, or unlawful information by the client, or circumstances where the continuation of services would pose a legal, ethical, or reputational risk to Nelka Collections.

Upon termination, the client remains liable for any fees or costs accrued prior to termination. Provisions of these Terms that by their nature should survive termination, including confidentiality, limitation of liability, and indemnification, shall remain in full force and effect.

These Terms of Service, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to any conflict of law provisions. Both parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Kenya for the resolution of any disputes arising under or in connection with these Terms.

In the event of any dispute, disagreement, or claim arising out of or relating to these Terms or the services provided by Nelka Collections, the parties shall first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through negotiation within a reasonable period, the parties may agree to submit the matter to mediation or arbitration as an alternative to court proceedings.

If mediation or arbitration is not agreed upon, or if such proceedings fail to produce a resolution, either party may refer the dispute to the courts of competent jurisdiction in Kenya for final determination. Each party shall bear its own costs and expenses in connection with any dispute resolution proceedings unless otherwise ordered by the court or agreed by the parties.

Nelka Collections reserves the right to revise, amend, or update these Terms of Service at any time and without prior notice. Any amended version of these Terms will be posted on our website with an updated effective date. It is the responsibility of clients and users to review these Terms periodically to remain aware of any changes. Continued use of our services or website after the posting of amended Terms constitutes your acceptance of and agreement to the revised terms.