These Terms of Service ("Terms") govern your use of the Nawiri Digital Marketing website and services. By accessing our website or engaging our services, you agree to be bound by these Terms. Please read them carefully.
Services Overview
Nawiri Digital Marketing provides a range of digital and traditional marketing services to businesses and individuals.
Digital Marketing Services
Social media management, content creation, campaign management, SEO optimization, email marketing, and SMS campaigns.
Creative Services
Graphic design, photography, videography, brand identity development, and visual content creation.
Web Services
Website design, development, maintenance, hosting coordination, and technical support.
Consulting Services
Marketing strategy, brand consulting, digital transformation guidance, and business listing management.
Client Obligations
As a client, you agree to the following obligations when engaging our services:
Accurate Information
You agree to provide accurate, current, and complete information about your business, products, and services.
Timely Communication
You agree to respond to our requests for information, feedback, and approvals in a timely manner to avoid project delays.
Access and Credentials
You agree to provide necessary access to social media accounts, websites, and other platforms required to deliver our services.
Content Ownership
You confirm that you own or have the right to use all content, images, logos, and materials you provide to us.
Legal Compliance
You agree that your business and marketing activities comply with all applicable laws and regulations.
Service Agreements and Contracts
Specific services are governed by individual service agreements or contracts that outline scope, deliverables, and terms.
Proposals and Quotes
Service proposals and quotes are valid for 30 days unless otherwise specified. Acceptance constitutes agreement to the proposed terms.
Scope of Work
Each project will have a defined scope of work. Changes to the scope may result in additional fees and timeline adjustments.
Project Timelines
We will provide estimated timelines for deliverables. Timelines may be affected by client response times and scope changes.
Revisions
Projects include a specified number of revision rounds. Additional revisions beyond the agreed scope will incur extra charges.
Payment Terms
The following payment terms apply to all services unless otherwise agreed in writing:
Pricing
Prices are as quoted in proposals or service agreements. We reserve the right to adjust pricing with reasonable notice for ongoing services.
Deposits
Projects may require an upfront deposit (typically 50%) before work commences. The balance is due upon completion or as specified.
Payment Methods
We accept payment via bank transfer, mobile money, and other methods as communicated. All payments should reference the invoice number.
Late Payments
Invoices are due within 14 days of issue. Late payments may incur interest charges and may result in suspension of services.
Refunds
Deposits are generally non-refundable. Refunds for services not yet rendered may be considered on a case-by-case basis.
Intellectual Property Rights
Intellectual property rights are allocated as follows:
Client Materials
You retain all rights to materials you provide to us, including logos, images, and content.
Deliverables
Upon full payment, you receive ownership or license rights to final deliverables as specified in the service agreement.
Our Tools and Methods
We retain ownership of our proprietary tools, templates, processes, and methodologies used in delivering services.
Portfolio Rights
Unless otherwise agreed, we reserve the right to display completed work in our portfolio and marketing materials.
Third-Party Assets
Stock images, fonts, and other third-party assets are subject to their respective licenses and may have usage restrictions.
Confidentiality
Both parties agree to maintain confidentiality of sensitive business information.
Confidential Information
Includes business strategies, customer data, financial information, and any information marked as confidential.
Non-Disclosure
Neither party will disclose confidential information to third parties without prior written consent, except as required by law.
Employee and Contractor Access
Confidential information may be shared with employees and contractors on a need-to-know basis under similar confidentiality obligations.
Duration
Confidentiality obligations survive termination of the business relationship for a period of two years.
Social Media and Account Management
The following terms apply specifically to social media management services:
Account Access
You grant us authorized access to your social media accounts for the purpose of providing management services.
Content Approval
Content may be posted according to agreed schedules. You may request approval workflows for sensitive content.
Platform Policies
We will manage accounts in compliance with each platform's terms of service. We are not responsible for platform policy changes or account restrictions imposed by platforms.
Engagement Responses
We will respond to comments and messages according to agreed guidelines. Crisis situations will be escalated to you immediately.
Account Ownership
You retain full ownership of all social media accounts. Access credentials will be returned upon termination of services.
Website Development and Hosting
The following terms apply to website development and related services:
Development Process
Websites are developed according to agreed specifications. Design mockups require approval before development proceeds.
Content Responsibility
You are responsible for providing website content unless content creation is included in the scope.
Testing and Launch
Websites undergo testing before launch. Final approval is required before the site goes live.
Hosting and Domains
Hosting and domain registration may be coordinated by us but are typically in your name and ownership.
Maintenance
Post-launch maintenance and updates are provided as specified in the service agreement or through separate maintenance contracts.
Advertising and Paid Campaigns
The following terms apply to paid advertising campaigns:
Ad Spend
Advertising budgets (ad spend) are separate from our service fees and are paid directly to advertising platforms or through us as agreed.
Campaign Performance
While we optimize for best results, we cannot guarantee specific outcomes as performance depends on many factors including market conditions and competition.
Platform Compliance
Ads must comply with platform advertising policies. We are not responsible for ads rejected by platforms due to policy violations related to your products or services.
Reporting
We provide regular reports on campaign performance as specified in your service agreement.
Limitation of Liability
Our liability is limited as follows:
Service Limitations
We provide services on an "as is" basis and do not guarantee specific business outcomes, sales increases, or ranking improvements.
Maximum Liability
Our maximum liability for any claim arising from our services is limited to the fees paid for those specific services.
Indirect Damages
We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits or business opportunities.
Third-Party Services
We are not liable for issues arising from third-party platforms, services, or tools, including social media platforms, hosting providers, or advertising networks.
Force Majeure
Neither party is liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, internet outages, or platform failures.
Indemnification
You agree to indemnify and hold Nawiri Digital Marketing harmless from claims, damages, and expenses arising from:
Content You Provide
Any content, materials, or information you provide that infringes on third-party rights or violates laws.
Your Products or Services
Claims related to your products, services, or business practices.
Misuse of Deliverables
Use of our deliverables in ways not contemplated by the service agreement.
Legal Violations
Any violation of applicable laws or regulations in connection with your marketing activities.
Termination
Either party may terminate services under the following conditions:
Notice Period
Ongoing services may be terminated with 30 days written notice unless otherwise specified in the service agreement.
Immediate Termination
Either party may terminate immediately for material breach that is not cured within 14 days of written notice.
Effect of Termination
Upon termination, we will deliver completed work, return your materials, and remove access to your accounts.
Outstanding Payments
Termination does not relieve you of the obligation to pay for services rendered up to the termination date.
Survival
Provisions regarding confidentiality, intellectual property, limitation of liability, and indemnification survive termination.
Dispute Resolution
Disputes will be resolved as follows:
Good Faith Negotiation
Parties agree to first attempt to resolve disputes through good faith negotiation.
Mediation
If negotiation fails, parties may agree to mediation before pursuing other remedies.
Governing Law
These Terms are governed by the laws of Kenya.
Jurisdiction
Any legal proceedings shall be brought in the courts of Nairobi, Kenya.
General Provisions
The following general provisions apply:
Entire Agreement
These Terms, together with any service agreements, constitute the entire agreement between the parties.
Amendments
We may update these Terms from time to time. Continued use of our services constitutes acceptance of updated Terms.
Severability
If any provision is found unenforceable, the remaining provisions continue in full force.
Assignment
You may not assign your rights under these Terms without our written consent.
No Waiver
Failure to enforce any right does not constitute a waiver of that right.
Contact Information
For questions about these Terms of Service, please contact us using the information provided on our website.