1. Definitions

• “We”, “Us”, “Our” – Digitabx, a web design and development business based in Kenya.

• “You”, “Client” – The individual, business, or organization purchasing services from Digitabx.

• “Services” – Any work provided by Digitabx including, but not limited to, website design, development, branding, hosting, domain registration, SEO, and related consultancy.

2. Payment Terms

• A minimum deposit of 50% of the total project cost is required before work begins.

• The remaining 50% is due immediately upon completion of the agreed scope and before:

  • Website goes live

  • Domain/hosting transfer

  • Handover of login credentials or source files

• All prices are in Kenya Shillings (KES) unless stated otherwise.

3. No Refund Policy

• Deposits are strictly non-refundable once work has started.

• Work is considered started if any of the following occurs:

  1. Domain registration or hosting purchase for your project

  2. Website design or development work has begun

  3. Third-party software, plugins, or paid tools have been purchased for your project

• If you cancel the project after work begins, no refund will be issued for the deposit or any payments already made.

4. Domain & Hosting Ownership

• All domains and hosting purchased by Digitabx on your behalf remain the property of Digitabx until full payment is received.

• If payment is incomplete:

  • We reserve the right to withhold transfer or access to the domain, hosting, or any related accounts.

• Upon full settlement, domain and hosting ownership will be transferred to you, unless otherwise agreed in writing.

5. Project Timelines

• Project timelines are estimated and may change due to:

  • Delays in client feedback or content submission

  • Scope changes during development

  • Technical or third-party provider issues

• Delays caused by the client will not extend payment deadlines.

6. Client Responsibilities

You agree to:

• Provide all required text, images, and materials in the agreed formats and within the agreed timelines

• Respond promptly to requests for feedback and approvals

• Ensure all information provided is accurate and legally compliant
  Failure to do so may result in delays or additional costs.

7. Intellectual Property

• All designs, code, and other deliverables remain the property of Digitabx until full payment is received.

• After payment, ownership transfers to you, except for:

  • Licensed third-party software, plugins, or tools (ownership remains with the original provider)

  • Our internal design resources and code libraries used in the creation process

8. Termination of Project

We reserve the right to terminate a project if:

• The client is unresponsive for more than 30 consecutive days

• Payment terms are not met

• The client engages in abusive, unethical, or illegal conduct
  In such cases, no refunds will be given, and all work completed will remain the property of Digitabx.

9. Limitation of Liability

• Digitabx will not be liable for:

  • Downtime caused by third-party hosting providers

  • Data loss due to client actions

  • Security breaches caused by weak client passwords or negligence

• Our total liability will not exceed the total amount paid for the specific service in question.

10. Governing Law

These Terms & Conditions are governed by the laws of Kenya. Any disputes will be resolved in the Kenyan Small Claims Court or other competent jurisdiction.

11. Acceptance of Terms

By paying a deposit or engaging our services, you confirm that you have read, understood, and agreed to these Terms & Conditions.