Terms of Service — Xclusivetech

1. About these terms

These Terms of Service govern your use of this website and any services provided by Xclusivetech ("we", "us", "our"), a web design agency registered in Nairobi, Kenya. By engaging our services or using this website, you agree to these terms.

2. Our services

We provide web design, web development, e-commerce, graphic design, SEO, and website maintenance services. The specific scope of work, deliverables, timeline, and price for your project will be confirmed in writing (by email or WhatsApp) before work begins.

3. Payments

All prices are in Kenyan Shillings (KES) unless stated otherwise.
We require a deposit of 50% of the agreed total before work begins.
The remaining 50% is due upon delivery of the completed work, before the website is published or files are transferred.
Payments may be made via M-Pesa or bank transfer.
Domain registration and web hosting costs are separate from our design/development fees and are payable directly to the relevant provider.

4. Revisions and changes

Each package includes a specified number of revision rounds. A revision round covers design changes, content updates, and layout adjustments within the originally agreed project scope. Additional revisions beyond the included rounds, or changes that expand the project scope, will be quoted separately.

5. Your responsibilities

To allow us to deliver your project on time, you agree to:

Provide all required content (text, images, logos) within the agreed timeframe
Review and approve drafts promptly to avoid delays
Ensure that all content you provide does not infringe third-party intellectual property rights or violate any applicable laws
Make payments on the agreed schedule

Delays caused by late content delivery or slow approvals on your part may result in revised delivery timelines.

6. Intellectual property

Upon receipt of full payment, all intellectual property rights in the final delivered website design and code transfer to you. We retain the right to display the completed project in our portfolio and marketing materials unless you request otherwise in writing.

We retain ownership of any general-purpose tools, templates, or code libraries used across multiple projects. Third-party assets (stock images, fonts, plugins) remain subject to their own licences.

7. Confidentiality

We treat all client information as confidential. We will not share your business information with third parties except as required to deliver your project (e.g., hosting providers) or as required by law.

8. Limitation of liability

To the maximum extent permitted by Kenyan law, our total liability to you for any claim arising from our services is limited to the amount you paid us for the project in question. We are not liable for indirect losses, loss of profits, or consequential damages.

We are not responsible for third-party services such as hosting providers, domain registrars, or payment processors.

9. Cancellation

If you cancel a project after work has begun, we will invoice for work completed to the date of cancellation. The initial deposit is non-refundable once design work has started.

10. Governing law

These terms are governed by the laws of Kenya. Any disputes will be subject to the jurisdiction of the Kenyan courts.

11. Changes to these terms

We may update these terms from time to time. The current version will always be available at this URL. Continued use of our services after changes constitutes acceptance.

12. Contact

Questions about these terms? Email us at hello@xclusivetech.co.ke or WhatsApp +254 722 753 819.