Business Terms & Conditions

These are the Business Terms & Conditions of Artkenya.net Limited, of P.O.Box 9910-00100, Nairobi, Kenya. These can be amended from time to time without notice.

Proposals, Fees and Payments

• The validity of our proposals is generally 90 days.
• All fees are subject to applicable VAT. Fees by clients residing outside of Kenya, are zero percent VAT rated.
• All fees are based on KES. If we quoted prices in USD or Euros, the exchange rate used at time of invoicing depends on the prevailing official exchange rate to KES and may be adjusted up- or downwards at time of invoicing. However, fees quoted in our proposals remain valid for proposal validity.
• If your organisation is exempt from VAT, we require that you pay us the full VAT amount on account, which we will promptly refund upon presentation of the relevant approved documents.
• Please make payments by EFT – NET of bank fees – to our bank account or deposit cheque as per pro forma invoice.
• When making payments, please advise your Kenyan PIN number.
• Tax invoices (with ETR receipt) are issued upon receipt of payments.

Web Design

• Please pay a non-refundable ‘commitment fee’ of 50% of invoice value to start the job.
• Balances are payable as follows (negotiable):
  • If development takes 4 weeks or less: remaining balance due after approval of site by client and before launch.
  • If development takes longer than 4 weeks, we will request that you pay an intermediate instalment of 35% after 4 weeks and the remaining balance of 15% before launch.
• Some website themes and plugins require a yearly subscription to receive updates.
• Copyrights to web design and layout remain the property of Artkenya until full and final payment is received.
• Meetings and revisions: We usually do not limit the number of meetings and revisions. However, it must be understood that physical meetings must be kept to a minimum. Instead, we prefer communication with you on Skype. Otherwise, communication should be by email or phone.
• For meetings outside of Nairobi, client shall pay cost of (if applicable) travel, accommodation and a per-diem of KES 10.000/day/per consultant.
• Project Management & Methodology: Your project will be managed by our team of experienced web developers and at all times supervised by the company owner. In addition, we have in-house capabilities for software integration, app development and payment gateway integration. Our methodology is shaped by 20 years experience.
• User Testing: During development, we will install the website on our (or your, if you retain your current web host) web server to enable you monitor the development in real time and conduct functionality tests at pleasure and to submit timely comments and suggestions.
• Timelines: In our proposals, we give you an approximate timeline for the project. Timelines given are for the anticipated work, PROVIDED that ALL content (texts, images, downloads, etc) are delivered to us BEFORE the commencement of work. It also assumes that decisions and responses by client are efficient and instantaneous. If your content, approach or requirements change after commencement of work, or if your responses are generally delayed, this timeline (and cost) may have to be amended and which will be advised accordingly.
• WARRANTY: We give a warranty of 90 days after launch to fix any functionality bugs or spelling mistakes on pages.

Web Hosting, domain registration, Emails, SSL, CDN, Maintenance

• Web hosting, domain registration, email hosting, maintenance and any other fees levied by third-party suppliers (eg fees for theme or plugin updates, SSL certificate, etc if applicable) are subject to change by supplier without prior notice and are payable yearly in advance and 10 days before expiry. To enable you make such payments, we will supply a pro-forma in good time.
• Failure to pay fees for web hosting, domain registration, emails and SSL renewals before the official expiration date may lead  to service suspension.
• If payment for domain renewal  is received within a grace period of 14 days after official expiry, we will charge an additional fee of USD 100 per domain renewal. After the grace period, domains may not be renewed at all for an unspecified period, or attract exorbitant surcharges – levied by the domain registrar – to re-register!
• If web hosting is suspended for non-payment, we will archive your website files and database for up to 3 (three) months. To reinstate the website, a reconnection and set-up fee of USD 250 will be charged.
• Emails, once suspended, cannot be retrieved and can only be set up afresh (with empty mailboxes).
• As a hosting client of artKenya, you are, by extension, also bound to the T&Cs of our hosting provider; please click this link to see their Hosting Agreement (open in a new window). These – where applicable – form part of the agreement you have with artKenya. Please note that, these T&Cs may be changed or amended from time to time without notice.

General

• By making payments, you agree to the terms & conditions outlined here.
• All payments are due on presentation of (pro forma) invoice.
• Failure to make payments on or before due date may result in (a) your domain lapsing, (b) your website being suspended and (c) your email or other services not working any longer (offline). To re-connect or re-register/renew services may attract a surcharge of USD 100 (or equivalent in KES) per service.
• All recurring fees (eg tax, inflation, increase by suppliers, FOREX) are subject to change without prior notice at time of invoicing.

Bank Details

Our bank details are available for our clients on request.

Jurisdiction

• All agreements shall be governed by and construed in accordance with the laws of Kenya.
• Any dispute, controversy or claim arising out of or relating to agreements or a termination hereof (including without prejudice to the generality of the foregoing, whether in its interpretation, application or implementation) shall be resolved by way of consultation held in good faith between the parties. Such consultation shall begin immediately after one party has delivered to the other party written request for such consultation. If within fifteen (15) business days following the date on which such notice is given the dispute cannot be resolved, the dispute, controversy or claim shall be submitted to arbitration in accordance with the provisions of the relevant clause.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Artkenya.net Limited and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Artkenya.net Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Artkenya.net Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.