Terms and Conditions
Last Updated: April 20, 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