The fine print, in plain English.
We're the employer of record, not a marketplace. These terms spell out what that means for you, your finance team, and your legal counsel. Plain language; no buried clauses.
Last updated: July 2026. These Terms govern all engagements unless your Statement of Work (SOW) explicitly states otherwise.
1. The engagement model, employer of record, not a marketplace
PrimeStart Consultant Ltd. (the “Company,” “we,” “us”) is an executive-support and market-research firm registered in Nairobi, Kenya under the Companies Act, 2015. We are not a freelance marketplace, a staffing agency, or a referral platform. We are the employer of record for every Executive Assistant (EA) we place. This means: (a) our EAs are employed by us under Kenyan labor law; (b) we handle all payroll, statutory deductions (KRA PIN, NSSF, NHIF), benefits, and HR administration; (c) you (the “Client”) receive a monthly invoice and have no employer obligations in your jurisdiction. There is no contractor classification question, no 1099 reporting, no payroll setup on your side. The engagement is a service contract between two businesses, you and us, not an employment relationship.
2. Services
We provide two service lines: (i) Executive & Virtual Assistant Placement, under which we employ, vet, train, and manage EAs who provide dedicated support to the Client; and (ii) Local Market Services, under which we provide primary research, focus groups, surveys, and on-the-ground operational support (business registration, office/retail hunting, regulatory navigation, vendor sourcing) for foreign companies entering Kenya. Each engagement is governed by a Statement of Work (SOW) that specifies scope, deliverables, timeline, and price. These Terms apply to all SOWs unless the SOW explicitly states otherwise.
3. Confidentiality and NDA
Every EA who works on a Client engagement signs a personal non-disclosure agreement with the Company before placement. We operate on a least-privilege access model, EAs receive only the tool access required for the scoped work, and we audit that access quarterly. The Company will execute a mutual NDA with the Client on request and will sign the Client’s standard NDA where required. Confidential information includes but is not limited to: inbox contents, calendar entries, contact lists, financial data, strategic plans, and any material the Client marks as confidential. Obligations survive termination of the engagement indefinitely.
4. Data protection and privacy
We comply with the Kenya Data Protection Act, 2019 and the EU General Data Protection Regulation (GDPR) where applicable. We act as a data processor on behalf of the Client; the Client is the data controller. We do not store Client data in our infrastructure, EAs work within the Client’s existing tool stack (Google Workspace, Outlook, Notion, etc.). We will execute a Data Processing Agreement (DPA) on request. All session traffic is encrypted in transit (TLS 1.2+). For regulated industries we support SOC 2-aligned controls, HIPAA-trained EAs for healthcare, and separate admin credentials for finance-sector work. Breach notification is provided within 72 hours of discovery.
5. Fees, invoicing, and payment
EA placement fees are billed monthly in advance, in USD, by wire transfer or card. Research and local-agent engagements are billed per the SOW, typically 50% on commencement and 50% on delivery, or monthly against milestones. All fees are stated exclusive of applicable taxes (the Client is responsible for any withholding tax, VAT, or sales tax in their jurisdiction). Invoices are due net-15. Late payment accrues interest at 1.5% per month. We reserve the right to suspend service on invoices more than 30 days past due.
6. Replacement guarantee
If an EA leaves or is removed for cause, we deliver a replacement shortlist within 5 business days at no cost to the Client. During the gap, we provide interim coverage from our vetted bench. If the fit is wrong within the first 30 days of placement, we re-run the matching process immediately and refund the month. This guarantee is void if the Client has materially changed the scope, hours, or tool access agreed in the SOW, or if the Client is in payment default.
7. Termination
Either party may terminate an EA engagement with 30 days’ written notice. Research and local-agent engagements terminate per the SOW. On termination: (a) the Client pays for services rendered through the termination date; (b) the EA’s tool access is revoked within 24 hours; (c) all Confidential information is returned or destroyed at the Client’s direction; (d) the replacement guarantee and confidentiality obligations survive. No early-termination fee applies to month-to-month EA retainers.
8. Liability
To the maximum extent permitted by law, the Company’s aggregate liability under any engagement is limited to the fees paid by the Client in the three (3) months preceding the claim. We are not liable for indirect, consequential, or speculative damages, including lost profits, lost deals, or reputational harm. We maintain professional indemnity insurance. We are not liable for force majeure events, including acts of God, government action, internet outages, or civil unrest. The Client is responsible for maintaining their own backups and security controls.
9. Intellectual property
All work product created by the EA for the Client, including emails, documents, research, and reports, is the exclusive property of the Client, to the extent it is not pre-existing Company IP (templates, playbooks, methodologies). We retain a perpetual license to use anonymized engagement data for service improvement and case studies, subject to the Client’s confidentiality terms.
10. Governing law and dispute resolution
These Terms are governed by the laws of the Republic of Kenya. Disputes are resolved in the first instance by good-faith negotiation between the parties. If unresolved within 30 days, disputes are submitted to arbitration under the Nairobi Centre for International Arbitration (NCIA) Rules, seated in Nairobi, in English. The arbitral award is final and binding. The Client may elect in the SOW to have disputes governed by the laws of England and Wales, or New York, where the Client’s jurisdiction requires it.
11. Changes to these terms
We may update these Terms from time to time. Material changes will be communicated to active Clients by email at least 30 days before they take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.
12. Contact
PrimeStart Consultant Ltd., Nairobi, Kenya. Email: hello@primestartconsultant.com. For legal notices, please mark the subject line “Legal Notice.”
Questions about these terms? Email hello@primestartconsultant.com , we’ll route it to the founder, not a legal queue.