Terms and Conditions

Last Updated: May 9, 2025

1. Introduction

Welcome to Mocky Graphics Limited ("we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you ("Client" or "you") and Mocky Graphics Limited, registered under the Companies Act of Kenya with registration number PVL-ZXUWD7K.

If you do not agree with any part of these Terms, please do not use our services.

2. Services

We provide graphic design, web development, branding, and related creative services. Our services include but are not limited to:

  • •Logo design and brand identity development
  • •Marketing and promotional materials design
  • •Website design and development
  • •E-commerce solutions
  • •Web application development
  • •Website maintenance and support

3. Web Development Terms

3.1. Domain and Hosting

  • •Client is responsible for providing and maintaining domain names and hosting services unless explicitly included in the project scope.
  • •We can recommend and assist in setting up hosting and domains but are not liable for third-party services.

3.2. Website Maintenance

  • •Post-launch support and maintenance are not included unless specified in a separate maintenance agreement.
  • •Emergency support services are available at additional costs.
  • •Regular updates and security patches may require a maintenance contract.

3.3. Content and SEO

  • •Client is responsible for providing website content unless content creation is explicitly included in the scope.
  • •Basic on-page SEO is included, but ongoing SEO services require a separate agreement.

4. Payment Terms

4.1. Pricing

All prices are quoted in Kenyan Shillings (KES) unless otherwise specified.

4.2. Initial Deposit

A non-refundable deposit of 50% of the total project cost is required before work commences.

4.3. Final Payment

The remaining balance must be paid before the final files are delivered.

4.4. Payment Methods

Payments can be made through M-PESA or other approved payment methods.

4.5. Late Payments

Late payments may incur additional charges of 1.5% per month on the outstanding amount.

5. Intellectual Property Rights

5.1. Ownership

Until final payment is received, we retain ownership of all intellectual property rights in the work created.

5.2. Rights Transfer

Upon receipt of full payment, you will be granted exclusive rights to use the final deliverables for their intended purpose.

5.3. Portfolio Rights

We reserve the right to use the work for our portfolio, marketing materials, and promotional purposes unless explicitly agreed otherwise in writing.

5.4. Client Materials

Any existing trademarks, logos, or copyrighted materials provided by you remain your property.

6. Revisions and Amendments

6.1. Revision Rounds

Each project includes a specified number of revision rounds as outlined in the project proposal.

6.2. Additional Revisions

Additional revisions beyond the specified number will be charged at our standard hourly rate.

6.3. Scope Changes

Major changes to the project scope may require a new quote and additional costs.

7. Project Timeline

7.1. Project Timelines

Project timelines will be specified in the project proposal.

7.2. Delays

Delays caused by late client feedback or content delivery will affect the final delivery date.

7.3. Rush Fees

Rush fees may apply for expedited projects or tight deadlines.

8. Cancellation Policy

8.1. Deposit Forfeiture

Projects cancelled after work has commenced will forfeit the deposit.

8.2. Written Notice

Cancellation must be made in writing or Email.

8.3. Final Billing

You will be billed for any work completed up to the cancellation date.

9. Confidentiality

9.1. Information Protection

We will maintain the confidentiality of any proprietary information shared during the project.

9.2. Ongoing Obligation

This obligation survives the termination of our agreement.

10. Limitation of Liability

10.1. Liability Limit

Our liability shall be limited to the amount paid for the services.

10.2. Damages Exclusion

We are not liable for any consequential, incidental, indirect, or special damages.

10.3. Indemnification

You agree to indemnify us against any claims arising from the use of our services.

11. Governing Law

11.1. Applicable Law

These Terms are governed by the laws of Kenya.

11.2. Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts in Nairobi, Kenya.

12. Amendments to Terms

12.1. Modification Rights

We reserve the right to modify these Terms at any time.

12.2. Effective Changes

Changes will be effective immediately upon posting on our website.

12.3. Acceptance

Continued use of our services constitutes acceptance of the modified Terms.

13. Contact Information

For any questions regarding these Terms, please contact us at:

Mocky Graphics Limited

Nairobi, Kenya

info@mocky.co.ke

+254 741 590 670