Business Terms & Conditions

1. General Information

These are the Business Terms & Conditions of Artkenya.net Limited (“Company”), located at P.O. Box 9910-00100, Nairobi, Kenya. By using our services, you agree to these terms. We reserve the right to amend these Terms & Conditions at any time without prior notice.

2. Proposals, Fees, and Payments

• Validity: Our proposals are valid for 90 days unless otherwise stated.
• VAT: All fees are subject to applicable VAT. For clients residing outside of Kenya, fees are zero-rated for VAT.
• Currency: All fees are based on Kenyan Shillings (KES). If quoted in USD or Euros, the exchange rate used at the time of invoicing will depend on the prevailing official exchange rate to KES and may be adjusted. However, the fees quoted in our proposals remain valid during the proposal’s validity period.
• VAT Exemption: If your organization is exempt from VAT, you must initially pay the full VAT amount, which we will refund upon receiving the relevant approved documents.
• Payment Methods: Payments should be made by EFT – net of bank fees – to our bank account or by depositing a cheque as per the pro forma invoice.
• Tax Invoices: Tax invoices (with ETR receipt) will be issued upon receipt of payments.
• Late Payments: Failure to make payments on or before the due date may result in your domain lapsing, website suspension, or email and other services being offline. Reconnection or re-registration may attract a surcharge of USD 100 (or equivalent in KES) per service.

3. Web Design Services

• Commitment Fee: A non-refundable commitment fee of 50% of the invoice value is required to start the job.
• Payment Schedule:
  • For projects completed in 4 weeks or less: The remaining balance is due after client approval and before the site launch.
  • For projects longer than 4 weeks: An intermediate installment of 35% is due after 4 weeks, with the remaining 15% payable before launch.
• Subscriptions: Some website themes and plugins require yearly subscriptions for updates.
• Ownership: Copyrights to web design and layout remain the property of Artkenya until full and final payment is received.
• Meetings and Revisions: Meetings should be kept to a minimum, with communication preferably via Skype, email, or phone. Clients shall cover travel, accommodation, and a per-diem of KES 10,000/day/consultant for meetings outside Nairobi.
• Project Management: Projects are managed by our experienced team, supervised by the company owner, with in-house capabilities for software integration, app development, and payment gateway integration.
• User Testing: The website will be hosted on a test server for client review during development.
• Timelines: Estimated timelines assume all content is delivered before work begins and that client responses are timely. Delays or changes in requirements may necessitate timeline and cost adjustments.
• Software Licenses: Unless stated in the contract, all software licenses remain the property of Artkenya.net. Clients must purchase their own licenses to receive updates post-launch.
• Warranty: We provide a 90-day warranty post-launch to fix any functionality bugs or spelling mistakes.

4. Web Hosting, Domain Registration, Emails, SSL, CDN, and Maintenance

• Fees: Web hosting, domain registration, email hosting, maintenance, and any other third-party fees are subject to change by suppliers without prior notice and are payable yearly in advance.
• Renewal: Payments for renewals must be made 10 days before the expiration date. Late payments may result in service suspension or additional fees for reconnection.
• Domain Grace Period: If payment for domain renewal is received within 14 days after expiration, a USD 100 fee per domain renewal will be charged. Beyond this period, renewal may be subject to additional charges or may not be possible.
• Suspension: In the event of hosting suspension for non-payment, website files and databases will be archived for 3 months. Reconnection will require a USD 250 fee.
• Emails: Suspended emails cannot be retrieved and must be set up afresh.
• Software Updates: As part of maintenance, we handle the renewal of licenses for software we originally installed. We are not liable for issues arising from unlicensed software or those not covered by our maintenance packages.
• Third-Party Terms: By using our hosting services, you agree to the T&Cs of our hosting providers. These terms may be amended from time to time without notice.

5. Indemnity and Disclaimer

Indemnity

Artkenya.net Limited (“Company”) is primarily a web design and development service provider, and web hosting, domain registration, and email  services (“Services”) are offered as a convenience to our clients through third-party suppliers such as Hostinger, Hosting24, Godaddy, and other carefully selected reputable service providers. The Company shall not be held liable for any issues, including but not limited to, server outages, data loss, involuntary deletions, hacking attacks, or any other disruptions in service (“Incidents”).

The Client agrees to indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with the use of the Services provided through third-party providers, including but not limited to Hostinger and Hosting24. This indemnity extends to any claims related to unauthorized access, security breaches, or data loss.

Disclaimer and Limitation of Liability

The Company provides Services through third-party providers, including but not limited to Godaddy, Hostinger and Hosting24. The Company acts solely as a reseller and intermediary between the Client and the hosting providers and does not own, manage, or control the hosting or other related infrastructure.

Limitation of Responsibility

The Company disclaims any responsibility for the reliability, availability, or performance of the Services. The Client acknowledges that these Services are provided “as is” and “as available,” without any warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In the event of any Incidents, the Client agrees that any claims, disputes, or complaints must be directed to the respective service provider (Hostinger, Hosting24, or any other third-party provider) as the primary party responsible for the hosting and other related infrastructure. The Company will assist in facilitating communication between the Client and the service provider but will not assume any liability or responsibility for resolving such issues.

Unauthorized Access and Data Security

The Company disclaims any responsibility for unauthorized access to client accounts or data resulting from compromised login credentials, whether such compromise arises from the Client’s own actions, including but not limited to inadequate security measures, phishing attacks, or malware infections, or from breaches in the Company’s or any third-party provider’s systems.

The Client is responsible for maintaining the security of their login credentials and is advised to implement strong passwords, multi-factor authentication, and other appropriate security measures. In the event of any unauthorized access resulting in the alteration, deletion, or compromise of client data, files, or accounts, the Client agrees that any claims, disputes, or complaints must be directed to the respective service provider as the primary party responsible for the hosting and other related infrastructure. The Company will assist in facilitating communication between the Client and the service provider but will not assume any liability or responsibility for resolving such issues.

Limitation of Liability

In no event shall Artkenya.net Limited be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) the Client’s use or inability to use the Services; (ii) unauthorized access to or alteration of the Client’s transmissions or data; (iii) any unauthorized actions taken on the Client’s accounts or data due to compromised login information; or (iv) any other matter relating to the Services.

6. Governing Law and Jurisdiction

• Governing Law: These Terms & Conditions are governed by the laws of the Republic of Kenya.
• Dispute Resolution: Any disputes arising from these agreements shall be resolved through good faith consultation between the parties. If unresolved within 15 business days, the dispute shall be submitted to arbitration in accordance with Kenyan law.

7. Website Disclaimer

The information on this website is for general information purposes only. While we strive to keep the information accurate and up-to-date, Artkenya.net Limited makes no representations or warranties about the completeness, accuracy, reliability, or suitability of the information on the website. Any reliance on such information is strictly at your own risk.

We are not liable for any loss or damage, including indirect or consequential loss, arising from the use of this website. Links to external websites are provided for convenience and do not imply endorsement. Artkenya.net Limited is not responsible for the content or availability of linked sites.

8. Contact Information

For any inquiries or to request our bank details, please contact us at [see sidebar].