Agreement to Terms Section 01
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client") and NeluxTech Solutions ("Agency"), a digital agency registered and operating in Nairobi, Kenya.
By visiting our website, submitting a project inquiry, signing a proposal, or engaging any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in full.
Our Services Section 02
NeluxTech Solutions provides professional digital services including but not limited to:
Web Design & Development
Custom websites, landing pages, e-commerce platforms, and web applications.
Branding & Identity
Logo design, brand guidelines, company profiles, and visual identity systems.
SEO & Digital Marketing
Search engine optimisation, content strategy, and online visibility growth.
Custom Software & AI
Bespoke software solutions, automation tools, and AI/ML integrations.
All services are defined in a project-specific proposal or statement of work agreed upon before engagement begins.
Project Terms Section 03
All projects are governed by the following general terms unless otherwise agreed in writing:
- Scope: The agreed scope of work is documented in the project proposal. Any additions or changes are subject to a formal change request and may affect the timeline and cost.
- Timelines: Estimated timelines are provided before the start of any project. Delays caused by late feedback, missing assets, or scope changes are not our responsibility.
- Revisions: Each project phase includes a defined number of revision rounds as specified in your proposal. Additional revisions are billed at our standard rate.
- Client Materials: You are responsible for providing all required content, images, and assets on time. Delays in asset delivery may push back your launch date.
- Approvals: Work is considered approved if we do not receive feedback within 7 business days of delivery.
Payment Terms Section 04
Our standard payment structure is as follows, unless otherwise specified in your proposal:
- Deposit: A non-refundable 50% deposit is required before work begins. No work is scheduled or started without receipt of the deposit.
- Final Payment: The remaining 50% is due upon project completion, before the final files or live site access are handed over.
- Accepted Methods: M-Pesa, bank transfer, or other methods agreed in writing.
- Late Payments: Accounts overdue by more than 14 days may incur a 5% monthly late fee and work may be paused.
- Refunds: Deposits are non-refundable. Partial refunds on remaining balances may be considered on a case-by-case basis for incomplete work.
Intellectual Property Section 05
Ownership of intellectual property works as follows:
- Client Ownership: Upon receipt of full payment, you own the final deliverables created specifically for your project (e.g., your logo, your website design and source codes).
- Third-Party Assets: Stock images, fonts, plugins, and third-party software are subject to their own licensing terms. We will inform you of any third-party assets used.
- Portfolio Rights: We reserve the right to display your completed project in our portfolio unless you request otherwise in writing before project commencement.
Client Responsibilities Section 06
To ensure a smooth project, you agree to:
- Provide accurate and complete information about your business, goals, and requirements
- Supply all required content, brand assets, and login credentials in a timely manner
- Ensure that any materials you provide (text, images, logos) do not infringe the intellectual property rights of third parties
- Respond to design reviews and approval requests within the agreed timeframe
- Designate a primary point of contact with authority to make project decisions
- Maintain the confidentiality of any login credentials or access we provide to you
Prohibited Use Section 07
You agree not to use our services or website to:
- Create, promote, or distribute content that is unlawful, harmful, defamatory, or fraudulent
- Infringe the intellectual property, privacy, or other rights of third parties
- Distribute malware, spam, or any form of harmful software
- Engage in activities that violate Kenyan law or international regulations
- Misrepresent your identity, affiliation, or the purpose of your project
- Attempt to reverse-engineer, copy, or resell our proprietary methods or tools
Violation of these terms may result in immediate termination of services without refund.
Termination Section 08
Either party may terminate a project engagement with written notice under the following conditions:
- By the Client: You may cancel at any time. The non-refundable deposit covers work completed to date. Any work delivered beyond the deposit value must be paid in full.
- By NeluxTech: We may terminate if you breach these Terms, fail to make payment, or engage in prohibited conduct. We will provide reasonable notice except in cases of serious breach.
- Handover on Termination: Upon termination and settlement of all outstanding amounts, we will provide you with all completed work files to date.
Governing Law Section 09
Governing Law: These Terms are governed by and interpreted in accordance with the laws of Kenya. Any disputes arising from or related to these Terms or our services will be subject to the exclusive jurisdiction of the courts of Kenya.
Contact Us Section 10
If you have any questions about these Terms or wish to discuss a specific clause before engaging our services, please contact us:
- Email: info@neluxtech.com
- Phone: +254 113 779 017
- WhatsApp: Chat with us
- Address: Nairobi, Kenya