Terms and Conditions

Terms & Conditions
The following terms and conditions apply to all website development / design services provided by Digital Tangent to the Client.

1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges
Charges for services to be provided by Digital Tangent are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Digital Tangent reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty (30) percent is required after the development stage, with the remaining twenty (20) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by cheque, M-PESA or bank transfer. Cheques should be made payable to Digital Tangent and sent to 2nd Floor, Regus Eaton Place, United Nations Crescent, Nairobi Kenya. Bank and M-PESA details will be made available on invoices.

3. Client Review
Digital Tangent will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Digital Tangent otherwise within seven (7) days of the date the materials are made available to the Client.

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to 3 and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of KSH 5,000 per hour.

4. Turnaround Time and Content Control
Digital Tangent will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Digital Tangent receiving initial payment, unless a delay is specifically requested by the Client and agreed by Digital Tangent.

In return, the Client agrees to delegate a single individual as a primary contact to aid Digital Tangent with progressing the commission in a satisfactory and expedient manner.

During the project, Digital Tangent will require the Client to provide website content; text, images, movies and sound files in a timely manner in order to complete the development by the date specified in the project proposal.

5. Failure to provide required website content:
Digital Tangent is a small business and in order to remain efficient we must ensure that work we have planned is carried out at the scheduled time. On occasion we may have to reject offers for other work to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Using our content management system you are able to keep your content up to date your self. Product content should be delivered in the excel template provided with all relevant cells completed prior to the first import of product information.

6. Payment
Invoices will be provided by Digital Tangent upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or KSH 3,000 per month of the total amount due.

7. Additional Expenses
Client agrees to reimburse Digital Tangent for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

8. Web Browsers
Digital Tangent makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Safari and Google Chrome). Client agrees that Digital Tangent cannot guarantee correct functionality with all browser software across different operating systems.

Digital Tangent cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Digital Tangent reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Digital Tangent’s Web space, Digital Tangent will, at its discretion, remove all such material from its web space. Digital Tangent is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of KSH 3,000 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Digital Tangent reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Digital Tangent in enforcing these Terms and Conditions.

10. Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity
All Digital Tangent services may be used for lawful purposes only. You agree to indemnify and hold Digital Tangent harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Digital Tangent the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Digital Tangent permission and rights for use of the same and agrees to indemnify and hold harmless Digital Tangent from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Digital Tangent that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Design Credit
A link to Digital Tangent will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than KSH 250,000, a fixed fee of KSH 25,000 will be applied. The Client also agrees that the website developed for the Client may be presented in Digital Tangent’s portfolio.

14. Access Requirements
If the Client’s website is to be installed on a third-party server, Digital Tangent must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

15. Post-Placement Alterations
Digital Tangent cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

16. Domain Names
Digital Tangent may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Digital Tangent. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

17. Search Engines
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

18. Data Backup and Software Updates
It is your responsibility to maintain local copies of your web content and information. Digital Tangent performs periodic backup of all server data. However, we strongly recommend that all users keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.

From time to time, the your Content Management Software vendor may provide updates to the website software used to run your website. It is your responsibility to update your website to the new version of the software. If you do not update to the new version of the software, then the security of your website and Client Data may be compromised.

19. Availability of Hosting Services
Digital Tangent will use its reasonable endeavours to ensure that Hosting Services are provided to the Client on a constant, uninterrupted basis throughout the Term of this Agreement.

Where the Service is unavailable for more than 48 hours the Digital Tangent will contact the Client and provide reasons for the interruption or, where this is not possible due to an undiagnosed problem, state that the problem is undiagnosed but is being investigated.

Whilst Digital Tangent will use reasonable endeavours to ensure the integrity and security of the Hosting Hardware, Digital Tangent does not guarantee that the Hosting Hardware will be free from unauthorised users or hackers and shall be under no liability for unavailability of the Service.

Where Service interruption due to Hosting Hardware failure cannot be remedied within 3 Business Days Digital Tangent, with consent of the Client, shall endeavour to transfer the Client’s Website to alternative Hosting Hardware in order to restore the provision of the Service.

Where the Client and/or the Client’s users are unable to access/use the Client’s Website, the Client shall first ascertain whether the inability of access/use is caused by a failure on the part of the Client’s and/or its users’ internet service provider and/or equipment. After performing these checks the Client shall contact Digital Tangent to report the unavailability.

Where the provision of the Service is interrupted through the fault of any third party, Digital Tangent shall bear no responsibility or liability. Where it is subsequently established that fault does not lie with the Digital Tangent but with the Client’s and/or its users’ internet service provider and/or equipment, Digital Tangent reserves the right to charge the Client such reasonable cost as Digital Tangent may have incurred.

18. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Digital Tangent will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

20. Subcontracting
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

21. eCommerce
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Digital Tangent and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

22. Governing Law
This Agreement shall be governed by Kenyan Law

23. Liability
Digital Tangent hereby excludes itself, its Employees and or Agents from all and any liability from:
• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
• Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Digital Tangent to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

24. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

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