Terms and Conditions

1 Agreement Acceptance

These Terms and Conditions ("Terms") govern your use of USBIT Solutions' services, including but not limited to web design, SEO, branding, and digital marketing services provided by USBIT Solutions ("we", "our", "us"), a digital agency operating in Nairobi, Kenya.

If you do not agree with any part of these Terms, you must not use our services or website.

2 Service Definitions

2.1 Web Design Services

Includes but not limited to: website design, development, responsive optimization, e-commerce setup, WordPress development, website maintenance, and hosting services.

2.2 SEO Services

Includes: search engine optimization, local SEO, technical SEO, content optimization, link building, and monthly SEO reporting.

2.3 Branding Services

Includes: logo design, brand identity development, style guide creation, packaging design, and rebranding services.

2.4 Digital Marketing Services

Includes: social media marketing, PPC advertising, email marketing, content marketing, and analytics reporting.

3 Client Responsibilities

As a client of USBIT Solutions, you agree to:

• Provide accurate and complete information necessary for service delivery
• Respond to our communications within reasonable timeframes (typically 2-3 business days)
• Provide access to necessary platforms, accounts, and credentials
• Make timely payments as outlined in your service agreement
• Obtain necessary permissions for content, images, and branding elements
• Comply with all applicable laws and regulations in Kenya

4 Payment Terms

4.1 Payment Structure

4.2 Accepted Payment Methods

• M-Pesa (Lipa Na M-Pesa)
• Bank Transfer (Kenyan Banks)
• Credit/Debit Card (via secure payment gateway)
• Cheque (cleared funds required before project commencement)

4.3 Late Payments

Late payments may incur:

• 5% late fee after 7 days overdue
• Service suspension after 14 days overdue
• Additional 2% monthly interest on outstanding balances
• Collection costs and legal fees if necessary

5 Intellectual Property

5.1 Client Ownership

Upon full payment, you own the final deliverables created specifically for your project, including:

• Website design and code (excluding third-party frameworks)
• Logo and brand identity elements
• Custom graphics and imagery created for your project
• Written content created specifically for your project

5.2 Agency Rights

We retain the right to:

• Include your project in our portfolio and marketing materials
• Use anonymized project data for case studies and analysis
• Reuse generic code, templates, and methodologies developed
• Own the intellectual property of our proprietary tools and processes

5.3 Third-Party Materials

Any third-party materials (stock images, fonts, plugins) used in your project remain subject to their respective licenses and terms.

6 Project Management

6.1 Timeline and Milestones

Project timelines will be established in your Service Agreement. Typical milestones include:

• Discovery and planning phase
• Design approval
• Development completion
• Testing and revisions
• Final launch and handover

6.2 Revisions and Changes

Each project includes a specified number of revision rounds:

• Web Design: 3 rounds of revisions included
• Logo Design: 5 concept variations, 3 revision rounds
• Additional revisions: Billable at KES 2,500 per hour

6.3 Scope Changes

Any changes to the agreed scope will require a written Change Order, which may affect timeline and cost.

7 Warranties and Guarantees

7.1 Service Quality

We warrant that our services will be performed with reasonable skill and care in accordance with industry standards in Kenya.

7.2 Website Performance

We guarantee that websites we develop will:

• Be responsive across major devices and browsers
• Load within 3 seconds on average internet connections in Kenya
• Be free from critical errors at time of handover
• Comply with current web standards

7.3 SEO Guarantee

While we cannot guarantee specific search engine rankings (as these are controlled by third parties), we guarantee implementation of white-hat SEO practices and regular reporting on performance metrics.

8 Limitation of Liability

To the maximum extent permitted by Kenyan law:

• Our total liability for any claim shall not exceed the total fees paid for the specific service in question
• We are not liable for indirect, incidental, or consequential damages
• We are not liable for losses resulting from:
  • Third-party actions or failures
  • Client's failure to provide accurate information
  • Changes in search engine algorithms
  • Force majeure events

9 Termination

9.1 Client Termination

You may terminate services with 30 days written notice. Upon termination:

• You will pay for all services rendered up to termination date
• You will receive all completed work up to termination point
• Deposits for uncompleted work may be forfeited if termination occurs after work has commenced

9.2 Agency Termination

We may terminate services immediately if:

• You fail to make payments within 14 days of due date
• You breach any material term of this agreement
• You engage in illegal or unethical activities
• You provide false or misleading information

9.3 Post-Termination

Upon termination, we will provide all necessary files and access credentials within 14 days of final payment.

10 Dispute Resolution

10.1 Negotiation

Any disputes shall first be attempted to be resolved through good faith negotiations between parties.

10.2 Mediation

If negotiation fails, parties agree to attempt mediation through a recognized mediation service in Nairobi.

10.3 Arbitration

If mediation fails, disputes shall be resolved by binding arbitration in Nairobi in accordance with the Arbitration Act of Kenya.

10.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya.

11 Confidentiality

Both parties agree to maintain confidentiality of:

• Business strategies and plans
• Financial information
• Proprietary methodologies
• Client lists and contact information
• Project details not publicly disclosed

Confidentiality obligations survive termination of services for a period of 3 years.

12 Amendments and Updates

We reserve the right to update these Terms at any time. Updates will be:

• Posted on this page with updated effective date
• Communicated to active clients via email
• Effective 30 days after posting for existing clients
• Effective immediately for new clients

Your continued use of our services after updates constitutes acceptance of the revised Terms.

13 Contact Information