Terms of Service
By engaging our services, you agree to the following terms. Please read them carefully as they outline the responsibilities, rights, and obligations of both parties involved.
Services Offered
Our services include professional Web Design and Development, delivering custom websites that seamlessly blend aesthetics, functionality, and audience engagement. Through our Custom Software Development, we provide tailored solutions designed to enhance operational efficiency and distinguish your brand in the marketplace. Additionally, our Brand Design services focus on creating visually impactful designs that capture and communicate your brand’s identity, leaving a memorable impression.
Payment Terms
To commence any project, a 60% non-refundable deposit is required upfront. This ensures your commitment and allows us to allocate the necessary resources to your project. The remaining 40% is payable upon project completion, defined as when all agreed deliverables have been provided to the client.
Accepted Payment Methods:
- Bank Transfer
- Credit/Debit Card (via secure payment gateway)
- PayPal
- Mpesa (For clients in regions where Mpesa is available)
Late Payments
Final payment must be made within 3 days of project completion. If payment is not received within this period:
- We reserve the right to withhold all deliverables, including files, access to design assets, or website transfer.
- The project may be considered canceled if the delay extends beyond 11 days without communication, and any future engagement will require full upfront payment.
- A late fee of 27% may be applied for overdue invoices.
Payment Plans
For larger projects, we offer custom payment plans to meet your budgetary needs. These must be agreed upon in writing before the project begins.
Refund Policy
As the 60% deposit is non-refundable, no refunds will be issued once the project commences. In the event the client cancels the project after it begins but before completion, any additional payments made after the deposit may be considered for refund based on the amount of work completed at our discretion. However, please note that no refunds will be provided for completed work.
Project Timelines
Project timelines will be discussed and agreed upon before commencing. Delays may occur due to:
- Requests for changes or additional features beyond the initial project scope. These changes may impact the final delivery date, and additional fees could apply.
- Client inaction, such as failure to provide necessary content, feedback, or approvals within agreed timelines.
Client Obligations
To ensure the project runs smoothly, clients are expected to:
- Provide all relevant materials (such as content, images, and branding guidelines) promptly.
- Offer feedback and approvals within the agreed timelines.
- Communicate any required changes or additional requests early in the process to avoid delays.
Failure to meet these obligations may result in project delays.
Ownership & Rights
Intellectual Property
Upon receipt of the final payment, all rights to the design and development work will be transferred to the client, including but not limited to:
- Website design and code
- Graphic design files
- Any other deliverables agreed upon in the project scope
Unless the client pays an additional fee for exclusive rights, the “Developed by Danaleko” notice will remain on the website footer or other appropriate areas as credit for our work. Removal of this credit requires a separate fee agreed upon at project initiation.
Additionally, we reserve the right to showcase completed projects in our portfolio and marketing materials unless the client requests otherwise in writing.
Ownership of Source Files
Source files (e.g., layered PSDs, AI files, original code repositories) are not transferred to the client unless specifically agreed upon. If the client wishes to obtain these files, an additional fee will be negotiated.
Project Terms
Termination
We reserve the right to terminate any ongoing project under the following circumstances:
- Failure to make payments according to agreed terms
- Breaches of any conditions outlined in this Terms of Service document
- Any form of abusive or inappropriate behavior during communications
In cases of termination due to client default, all payments made are non-refundable, and we reserve the right to withhold all deliverables.
Revisions and Scope Changes
Each project includes a specified number of revisions outlined in the initial agreement. Once these revisions are exhausted, additional changes will be billed at an agreed hourly rate. Significant changes to the project scope (e.g., new features or design elements) will require a separate contract and may incur additional costs.
Maintenance Services
We offer comprehensive monthly maintenance services to ensure the optimal performance, security, and functionality of your website, web application, or software.
In the event of non-payment for scheduled maintenance services, we reserve the right to suspend or postpone any ongoing maintenance activities until the outstanding payment is received. The client acknowledges that failure to make timely payments may result in diminished performance, increased security vulnerabilities, and potential service disruptions.
We shall not be held liable for any issues or damages arising from the suspension or delay of maintenance services due to non-payment. Maintenance services will only recommence upon receipt of full payment.
Legal Terms
Confidentiality
We are committed to maintaining the confidentiality of any sensitive information provided by the client. Such information will not be disclosed to third parties without prior written consent, except where required by law.
Governing Law
These Terms of Service are governed by and interpreted according to the laws of Kenya. Any disputes arising from these terms will be subject to the exclusive jurisdiction of Kenyan courts.
Contact Us
If you have any questions or need clarification about these terms, please feel free to contact us.