Terms and conditions

What this agreement is

These terms cover the use of a growing plot at a Shamba Space site. You are renting the use of a marked plot for a fixed term so that you can farm it.

You are not buying the land. This agreement gives you no ownership, no title, no lease of the land itself and no right to remain after the term ends. It does not create a tenancy of land and it cannot be transferred or sublet to anyone else without our written agreement.

The plot

A standard plot is about 100 × 50 ft, which is roughly 5,000 sq ft or 465 m². That is just over a tenth of an acre.

Your plot is marked and numbered on the ground before you take it on. Plots are allocated by us. Where you take more than one plot we will try to give you plots next to each other, but that depends on what is free at the time.

Term and renewal

Plots are taken for six or twelve months. The term starts on the date agreed with you and ends on the last day of that period.

There is no automatic renewal. If you want to stay, we sign a new agreement before the current one ends. Growers already on a site are asked first before a plot is offered to someone else.

The monthly fee

The plot fee starts from KSh 2,000 a month and is confirmed in writing before you start. It is payable monthly in advance.

The rate per plot reduces as you take more plots. Beyond four plots we quote a block rate rather than multiplying the single-plot fee.

The fee covers the use of the plot and access to the site and its water infrastructure. It does not cover water used, inputs, or any work carried out for you.

Getting connected

Before you start, your plot is metered and piped from the site's supply. You pay a one-off charge for that work, quoted to you in writing before you agree to anything.

The meter and the pipework serving your plot stay in place and remain part of the site. You are responsible for looking after them while the plot is yours, and damage to them may be recovered from your deposit.

Water

Water is not included in the monthly fee. Each plot has its own meter and you pay for the units recorded on it, at the tariff in force at the site.

We take a reading when you start, at each billing period and when you leave, and we show those readings to you. You are responsible for leaks and waste on your own plot once the water has passed your meter.

We maintain the shared supply, but we cannot guarantee uninterrupted water. Supply may be affected by mains failures, power cuts, pump or borehole faults, drought or maintenance. We will restore supply as quickly as we reasonably can.

Deposit

A refundable deposit is held against unpaid water, unpaid fees, damage to meters or taps, and clearing a plot that is left behind. It is not part of the monthly fee and it is returned after the final reading and inspection.

The deposit is held for the length of your term and is not treated as payment of the monthly fee. We will tell you the amount in writing before you start.

At the end of the term we take the final meter reading, inspect the plot and settle any amount you owe against the deposit. Anything left over is returned to you.

Paying on time

Fees and water bills are due by the date stated on your invoice. We will remind you if a payment is late.

If an amount stays unpaid we may suspend access to services and, if it remains unpaid, end the agreement and recover the plot. We may set unpaid amounts against your deposit.

Using your plot

You may grow lawful crops on your plot. You are responsible for what you plant, for the chemicals you apply and for working within Kenyan law on agricultural inputs and safety.

You must not build permanent structures, dig boreholes, tap the shared supply outside your meter, damage shared infrastructure, block access tracks, or use the plot for anything other than farming without our written agreement.

You must not interfere with another grower's plot, crops or water.

Work we do for you

Inputs and farm services are optional and priced separately. You are free to buy inputs elsewhere and to do the work yourself.

Where you ask us to carry out work, we quote before starting. We carry it out with reasonable care and skill, to your instruction.

The growers' group

We host a WhatsApp group for growers on our sites. Joining is free and optional, and you can leave at any time.

Anything said in the group, by us or by another grower, is conversation and not agricultural advice you should rely on. What you plant, and what you apply to it, remains your decision and your responsibility. We may remove anyone whose conduct in the group affects other growers.

What we do not promise

We do not guarantee yields, harvests, crop performance, prices or profit. Farming carries risk from weather, pests, disease and market conditions that no one controls.

We do not guarantee a buyer for your produce. Where we help growers sell together, that is a separate arrangement and is not part of this agreement.

Nothing in these terms excludes any liability that cannot be excluded under Kenyan law.

When the term ends

You clear your plot by the last day of the term: crops you want to keep, stakes, plastic, your own irrigation equipment, temporary structures and rubbish, with the ground left level.

We then take the final water reading, inspect the plot and settle your account. If we have to clear the plot ourselves, the cost may be taken from your deposit.

If a plot is abandoned

If a plot appears to have been left, we will try to contact you using the details you gave us before we treat it as abandoned.

If we cannot reach you and fees or water remain unpaid, we may recover the plot, deal with anything left on it, and set the cost of clearing it against your deposit. We will keep a record of what was on the plot and what it cost to clear.

Ending the agreement early

You may end the agreement early by giving us written notice. The fee for the notice period remains payable and the deposit is settled as it would be at the end of a term.

We may end the agreement if fees stay unpaid after reminders, if the plot is used unlawfully or dangerously, if shared infrastructure is damaged deliberately, or if another grower's use of the site is being seriously affected.

Tool storage

Storage is taken by the month and charged separately from the plot fee. It is not included and it is not compulsory.

Storage is for tools and equipment. Clear it when your term ends. If anything is left behind after we have tried to contact you, it is dealt with in the same way as anything left on an abandoned plot.

Your things on site

Tools, equipment, crops and anything else you keep on the site are there at your own risk, whether on your plot or in a store. Sites have basic security, but we are not responsible for theft, loss or damage to your property or crops except where it is caused by our own negligence.

Changes and law

We may change these terms or the water tariff. Where a change affects you during a term we will give you reasonable notice in writing.

These terms are governed by the laws of Kenya and the courts of Kenya have jurisdiction.

Contact

Questions about these terms: +254 700 000 000 or hello@shambaspace.co.ke.