Terms of Service

These terms cover two things: your use of kliveowebstudio.com (the “site”), and the work Kliveo Web Studio (“we”, “us”, “our”) does for clients. We are a web design, development and SEO studio based in Nairobi, Kenya, and we work with clients in Kenya and around the world. By using the site you agree to the website terms. By hiring us, you also agree to the client terms and to the proposal we send you. Our Privacy Policy explains how we handle personal data.

The short version

• Anyone can browse the site. Please do not abuse it.
• Each project is defined by a written proposal. Work outside it needs a written change request.
• You own the final website once you have paid in full. We keep our own tools and methods.
• We build for a 90+ Google PageSpeed score and sub-1.2 second load times, measured the way these terms describe. We cannot promise search rankings.
• Our liability is limited to the fees you paid for the project.
• Kenyan law governs these terms.

Definitions

• Proposal means the written quote, statement of work or agreement we send you for a project, once you accept it.
• Client means the person or business that accepts a proposal. If you accept for a business, you confirm that you have authority to bind it.
• Services means the web design, web development, SEO, integration and related work described in a proposal.
• Deliverables means the finished website, design files, code and other items the proposal says we will hand over.
• Business day means a day other than a Saturday, a Sunday or a public holiday in Kenya.

Accepting these terms

You accept these terms by using the site, by pressing Accept on the notice we show, or by signing or approving a proposal, whichever happens first. If you do not agree, please do not use the site or hire us.

You must be at least 18 and, for client work, authorised to act for your business. If a proposal and these terms disagree on a specific point, the proposal wins for that project. On every other point, these terms apply.

Using this website

You may browse this site and contact us through it for lawful purposes. You agree not to:

• scrape or copy it at scale, or use automated tools to harvest its content,
• attempt to break into it, probe it for weaknesses or overload it,
• send us spam, malware or unlawful content, or
• use it in a way that breaks the law of Kenya or of the country you are in.

The text, design, code, graphics and 3D scene of this site belong to Kliveo Web Studio or its licensors. You may not copy or reuse them without our written permission, except for fair quotation with credit and a link. Blog posts and other content on the site are general information and not legal, tax, financial or professional advice. Links to other sites are for convenience, and we are not responsible for what those sites contain or do.

If you send us feedback or ideas through the site, you allow us to use them to improve our services without payment or credit to you.

Our services

We provide web design, web development, local and technical SEO, and custom integrations for businesses in Kenya and elsewhere. Each project is defined in a proposal that states the scope, deliverables, price, payment schedule and timeline. We may give estimates before a proposal, and an estimate is not a binding quote.

Work outside the proposal needs a written change request. We will tell you the cost and timing before we start that work, and it begins only when you agree in writing. Email and WhatsApp messages count as writing for this purpose.

What we need from you

You agree to:

• give us the content, images, logos, access and feedback we ask for in good time,
• name one person who can approve work on your behalf,
• confirm that you own or have a licence for everything you give us, and that it does not break anyone’s rights or any law,
• be responsible for the legal compliance of your own business and your site’s content, including your privacy notice, cookie notices, consumer terms, licences, and any claims you make about your products or services, and
• keep your own accounts for domains, hosting, email and third-party services secure.

Delays in feedback, content or access move the timeline by the length of the delay. We are not responsible for a missed date that you caused.

Quotes, fees and payment

Prices are quoted in Kenyan shillings (KES) unless the proposal says otherwise. Where a proposal is in another currency, the exchange rate and who carries bank charges are stated in the proposal. If the proposal does not say, you carry the bank and transfer charges, so that we receive the full amount invoiced.

Value added tax is added where it applies, at the rate in force. If law requires you to withhold tax from a payment to us, you must pay the withheld amount to the tax authority and give us the withholding certificate. Clients outside Kenya are responsible for any tax, duty or levy that their own country charges on the services, other than tax on our income.

We accept M-Pesa, bank transfer and other methods stated in the proposal. Unless the proposal says otherwise, a deposit is due before we start, and the balance is due on the dates in the proposal or, if none, within 14 days of the invoice. Work begins when the deposit is received and the proposal is accepted.

If an invoice is overdue, we may pause work until it is paid, and the timeline moves by the length of the pause. We may charge reasonable interest on overdue amounts, and we may withhold the final files and hand-over of the live site until all invoices are paid.

Deposits secure our time and are not refundable once work has started, unless the proposal says otherwise or we cancel without cause. If we cancel without cause, we refund the part of the fee for work not yet done.

Timelines, revisions and approval

Timelines in a proposal are good-faith estimates that depend on your content and feedback arriving on time. Each proposal states how many rounds of revisions it includes. Extra rounds are billed as change requests.

When we deliver a stage or the finished site, we ask you to review it. If you give no feedback within 10 business days of a written request, we may treat that stage as approved. Launch happens when you approve the site and the payments due at launch have been made.

Delivery warranty

For 30 days after we hand over the live site, we will fix, at no extra charge, any defect in the Deliverables that does not match the proposal, as long as the defect is reported in writing and the site has not been changed by anyone else. This warranty does not cover new features, content changes, changes you or others make to the site, or problems in third-party services.

Performance targets and SEO

We build for a 90+ Google PageSpeed score and sub-1.2 second load times. These targets are measured with Google PageSpeed Insights, on the pages listed in your proposal, on the delivered build, on the day we hand the site over. Results from lab tools vary a little from one test to the next, so we take the typical result of several runs. The targets do not cover pages, scripts, plugins, chat widgets, tracking tags, fonts, videos or images added later by you or anyone else, because those can change the result. They also do not cover your visitors’ own devices or networks.

We use proven technical and local SEO practice, but search engines and map services make their own decisions and change their rules without notice. We cannot promise a particular ranking, number of visitors, number of calls, number of enquiries or amount of revenue. Any results we show on our site or in a proposal are examples from past work and not a promise of what your project will achieve.

Third-party services and payments

When we connect M-Pesa, booking tools, email services, maps, analytics or other third-party services, you contract with those providers directly and must hold your own accounts with them, including your own Safaricom business account for M-Pesa. We configure the integration, but we never hold your customers’ money or your customers’ payment credentials. Third-party services have their own terms, fees, limits and downtime, which we do not control. We are not responsible for a third party suspending your account, changing its terms or going offline.

Domains, hosting plans and similar accounts should be registered in your name. If we buy them for you at your request, we will transfer them to you when you ask, once you have paid for the work.

Ownership and licences

When you have paid the project fee in full, you own the final website design and the content made for you for that project. Until then, we keep ownership of the work and you have a licence to use it only for review.

We keep ownership of our own tools, code libraries, templates, components and methods, including anything we created before the project or for use across several projects. We give you a non-exclusive, worldwide, perpetual licence to use them as part of your site. Open-source components stay under their own licences, which may bind you as well. Fonts, icons, stock images and similar assets we license for you are used under the licences that come with them, and you must follow those licences if you reuse them elsewhere.

You give us a licence to use the content, trade marks and materials you supply, only to carry out the project. Unless you tell us in writing that you do not want this, we may show the finished work and its public results in our portfolio and marketing, with your business name and a link to your site. We will not publish confidential information or private data from your site.

Confidentiality

Each of us keeps the other’s confidential business information, unpublished work, access details and non-public project materials confidential, and uses them only to carry out the project. This does not apply to information that is already public, that the other party gave us the right to share, or that the law or a court requires us to disclose. This duty continues for two years after the project ends, and for as long as the information stays a trade secret.

Personal data

Each of us must follow the data protection laws that apply to us, including the Kenya Data Protection Act, 2019. When we handle your customers’ personal data on your instructions for a project, you are the controller and we are the processor. We will process it only for the project and on your written instructions, keep it secure and confidential, and delete or return it when the engagement ends, unless the law requires us to keep it. The proposal or a separate data processing agreement may set out more detail. For data about you and your staff, our Privacy Policy applies.

Site availability and warranties

We try to keep this site available, but we provide it as it is and as available. To the fullest extent the law allows, we do not promise that it will be free of errors, interruptions or harmful components, or that its content will always be accurate or up to date.

For client work, we promise to do the work with reasonable skill and care, in line with the proposal. Beyond the delivery warranty above and the promises in the proposal, we give no other warranties, whether express or implied, except those the law says we cannot exclude.

Our responsibility to you

To the fullest extent Kenyan law allows:

• our total liability to you for all claims connected to a project is limited to the fees you paid us for that project,
• our total liability for claims connected to the use of the site is limited to KES 10,000, and
• we are not liable for lost profit, lost revenue, lost business, lost data, loss of goodwill or any indirect or consequential loss, even if we were told it could happen.

Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot be limited under Kenyan law. If you are a consumer in a country whose law gives you rights that cannot be removed by contract, those rights stay.

Your responsibility to us

You agree to compensate us for losses, claims and reasonable costs that arise from content, data or materials you supply, from your breach of these terms or the law, or from claims by your own customers about your business, products or services. We will tell you promptly if a claim like this reaches us and will give you reasonable help to deal with it, at your cost.

Support after launch

Fixes after the delivery warranty period, hosting, maintenance, security updates, content changes and ongoing SEO work are covered only if your proposal or a separate agreement says so. Ask us for a maintenance plan if you want one.

Ending an engagement

Either of us may end a project by written notice. We may also end it at once if you do not pay, you seriously break these terms, or you ask us to do something unlawful. If a project ends:

• you pay for work completed and for costs we have committed to, up to the date of ending,
• we hand over the files and Deliverables for the work you have paid for, and
• we stop work on anything you have not paid for.

Sections on ownership, payment, confidentiality, liability, indemnity, governing law and anything else that by its nature should continue will keep applying after the engagement ends.

Events outside our control

Neither of us is in breach for a delay or failure caused by something outside our reasonable control, including power outages, internet or mobile network disruption, failure of a third-party platform or payment service, natural disasters, strikes, public health measures, war, civil unrest or acts of government. The affected party will tell the other as soon as it can and will try to reduce the delay. Payment obligations for work already done continue.

Clients and visitors outside Kenya

We serve clients across Africa and in other regions, and we work in East Africa Time (UTC+3). Meetings, deadlines and support hours follow that time zone unless the proposal says otherwise.

Each of us must follow the export control, sanctions and anti-corruption laws that apply to us. We may decline or end work if it would break them. You must not use our services for anything unlawful in Kenya or in your own country.

Where the proposal is in another currency, our invoices will say so, and payment by international transfer or an online payment provider is subject to that provider’s terms and fees.

General terms

• Entire agreement. These terms, the proposal and any signed agreement are the whole agreement for the project, and replace earlier talks about it.
• Changes to a project. A change to a proposal must be in writing and agreed by both of us.
• Assignment. You may not transfer your rights under these terms without our written consent. We may use subcontractors and freelancers, and we remain responsible for their work.
• Independent parties. We are an independent contractor. Nothing here makes us your employee, partner or agent.
• If part is invalid. If a court finds a part of these terms unenforceable, the rest still applies.
• Waiver. If we do not enforce a right straight away, we have not given it up.
• Notices. Notices can be sent by email to the address given in the proposal, and to [email protected] for us. They count as received on the next business day after sending.
• Electronic acceptance. You agree that a proposal accepted by email, signature tool, WhatsApp message or M-Pesa deposit can bind you, as far as the law allows.
• Language. These terms are written in English. If there is a translation, the English text decides.
• Third parties. Only you and we can enforce these terms.

Changes to these terms

We may update these terms. Every change is published with a version number and date in the version history at the bottom of this page. When a change is material, we ask you to accept the new version the next time you visit and the notice summarises what changed. Minor changes, such as fixing a typo, are recorded in the version history without a new notice. Projects already in progress continue under the terms and proposal that applied when they started, unless you agree otherwise in writing.

Governing law and disputes

These terms, and any dispute connected to them or to our services, are governed by the laws of Kenya. If we disagree, we will first try to settle it by talking in good faith for at least 30 days after one of us gives written notice of the dispute. If that does not work, we will try mediation before either of us starts court proceedings. If the dispute is still not settled, the courts of Nairobi, Kenya have jurisdiction, and we both agree to them. A proposal with an international client may choose arbitration instead, and if it does, the proposal says where and under which rules.

Either of us may go to court at any time to stop misuse of confidential information or intellectual property, or to claim an unpaid invoice.

Contact

Questions about these terms can go to [email protected] or through the Contact page.