Terms of service
Last updated: [date]
[Draft for legal review: have a Kenyan advocate review these terms before publishing. Each project still has its own signed quote or agreement; these terms fill the gaps.]
1. About these terms
These terms apply to every service Domands Creative provides, alongside the written quote or agreement for your project. If they conflict, the quote or agreement wins.
2. Quotes and scope
Website prices are starting prices for a standard scope. Your quote sets out exactly what is included, the price and the timeline. Work outside that scope is quoted separately or billed at KES [2,000] per hour, with your approval first.
3. Payment
Work starts once the deposit clears: 60% for Launch Websites, logos and other small projects; 50% for most projects; 40% for online shops and custom systems. The balance is due [at launch / on delivery]. Monthly services are paid in advance. Invoices are payable within [7] days. We may pause work on overdue accounts.
4. Third-party costs
Domains, hosting, software subscriptions, ad spend, payment and messaging fees, and printing are paid by you, directly or passed through at cost.
5. Your responsibilities
You provide content, access and approvals on time, and confirm you have the right to use any material you send us. Delays in content or approval move the timeline.
6. Changes and revisions
Each project includes the rounds of changes in its quote. Extra rounds are KES 5,000 each.
7. Rush delivery
Delivery in about half the usual time costs 30% more, where our schedule allows.
8. Ownership
Once you have paid in full, you own the final website, designs and content we created for you. We keep the right to show the work in our portfolio unless you ask us not to. Third-party themes, plugins, fonts and stock assets stay under their own licences.
9. Monthly services
Monthly plans continue until either side gives [30 days'] written notice.
10. Results
We commit to doing the work professionally and reporting honestly. We can't guarantee specific rankings, leads or sales, because these depend on factors outside our control.
11. Liability
Our total liability for any project is limited to the fees you paid for it. We are not liable for indirect losses, or for outages and changes by third-party platforms such as Google, Meta, Safaricom or hosting providers.
12. Confidentiality and data
We keep your business information confidential and handle personal data as set out in our Privacy notice.
13. Ending a project
Either side may end a project in writing. You pay for work completed up to that point; deposits cover work already started and are [non-refundable / refundable minus work done].
14. Governing law
These terms are governed by the laws of Kenya. Disputes are first discussed in good faith, then [mediation], then the courts of Kenya.