Terms of Service

Effective Date: 28 Nov 2024

Welcome to Digitali Webbs Services! These Terms of Service (“Terms”) govern your access and use of our website https://digitali.co.ke and the services we offer, including website design, development, maintenance, and the sale of premium plugins. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Definitions

In these Terms:

• “We,” “Us,” or “Our” refers to Digitali Webbs Services.
• “User,” “You,” or “Your” refers to any person or entity accessing our website or using our services.
• “Services” refers to the digital services offered by Digitali Webbs Services, including but not limited to website design, development, maintenance, and premium plugin sales.

2. Eligibility

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our services. By accessing or using our services, you represent and warrant that you meet this requirement.

3. Scope of Services

We provide a range of digital services, including:

• Website Design & Development: Custom websites tailored to your business needs.
• Website Maintenance: Ongoing support, updates, and performance optimization.
• Premium Plugin Sales: Providing licensed premium plugins for enhanced website functionality.
• Digital Consultancy: Advice and strategies to optimize your online presence.

We reserve the right to modify or discontinue any service at any time without prior notice.

4. User Responsibilities

As a user of our services, you agree to:

1. Provide Accurate Information: You must provide accurate and complete information when interacting with us or using our services.
2. Maintain Security: You are responsible for maintaining the confidentiality of your account credentials and any sensitive information.
3. Comply with Laws: You must comply with all applicable laws and regulations while using our services.
4. Respect Intellectual Property: You may not reproduce, distribute, or modify any content, code, or designs created by Digitali Webbs Services without our explicit permission.
5. Prohibited Activities: You agree not to engage in activities that:
   • Violate any applicable law or regulation.
   • Infringe on the rights of others.
   • Spread malware or malicious code.
   • Interfere with the functionality of our services or website.

5. Fees and Payment

1. Pricing: All fees for our services are outlined in the relevant service agreement or invoice.
2. Payment Terms: Payments must be made in accordance with the terms specified in the invoice.
3. Late Payments: Late payments may result in service suspension or termination. We may charge interest on overdue amounts as permitted by law.
4. Refund Policy: Due to the nature of our services, refunds are typically not available once work has commenced. However, we will consider refund requests on a case-by-case basis for services not delivered as agreed.

6. Intellectual Property

1. Ownership: All intellectual property rights in the services, content, and materials provided by Digitali Webbs Services remain our property or the property of our licensors.
2. License: Upon full payment, we grant you a non-exclusive, non-transferable license to use the delivered website or digital assets for your intended purpose.
3. Third-Party Materials: Any third-party software, plugins, or content integrated into your project will be subject to the respective third-party licenses.

7. Confidentiality

Both parties agree to keep confidential any sensitive information shared during the course of the project or service. This includes but is not limited to business plans, proprietary information, and customer data.

8. Limitation of Liability

To the fullest extent permitted by law:

1. No Warranty: Our services are provided “as is” without any warranties, express or implied. We do not guarantee uninterrupted or error-free service.
2. Limitation: Digitali Webbs Services will not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or business opportunities.
3. Maximum Liability: Our total liability for any claim arising from these Terms or our services shall not exceed the amount paid by you for the specific service giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Digitali Webbs Services, its affiliates, and employees from any claims, damages, losses, or expenses arising out of:

• Your use of our services.
• Your violation of these Terms.
• Your infringement of any third-party rights.

10. Termination

We may terminate or suspend your access to our services at any time, without prior notice, if you:

• Violate these Terms.
• Fail to make timely payments.
• Engage in conduct harmful to our business or reputation.

Upon termination, you must cease all use of our services and delete any materials or assets provided by us.

11. Dispute Resolution

1. Negotiation: In the event of a dispute, both parties agree to first attempt to resolve the issue amicably through good-faith negotiations.
2. Arbitration: If a resolution cannot be reached, the dispute will be resolved through binding arbitration in accordance with Kenyan law.
3. Jurisdiction: Any legal action or proceeding will be subject to the exclusive jurisdiction of the courts of Kenya.

12. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting to our website. Your continued use of our services constitutes your acceptance of the updated Terms.

13. Third-Party Services

Our services may include integrations or links to third-party services. We are not responsible for the availability, functionality, or terms of these third-party services. Your use of such services is subject to their respective terms and conditions.

14. Privacy Policy

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

15. Force Majeure

We shall not be held liable for any failure or delay in performing our obligations due to events beyond our reasonable control, including natural disasters, internet outages, strikes, or government actions.

16. Contact Us

If you have any questions or concerns about these Terms, please contact us:

Digitali Webbs Services
Email: [email protected]
Phone: 0710420222
Website: https://digitali.co.ke

By using our website and services, you acknowledge that you have read, understood, and agree to these Terms of Service.