These Terms of Service (“Terms”) govern your use of the optisites.net website and any services provided by Optisites (“we”, “us”, “our”). By using our website or engaging us for any service, you agree to these Terms. If you don’t agree, please don’t use the site or our services.
1. Services we provide
Optisites offers website design and development, digital advertising, SEO, AI automation, content and social media management, hosting and maintenance, and custom software development. The scope, price, timeline, and deliverables of any engagement are set out in a separate proposal or written agreement (the “Engagement”). These Terms apply alongside that Engagement; if there is a conflict, the Engagement prevails.
2. Quotes and acceptance
Quotes are valid for 30 days from issue unless we say otherwise in writing. A project is considered accepted once you confirm in writing and pay the deposit specified in the Engagement.
3. Fees and payment
- Unless agreed otherwise, project work is billed 50% on start and 50% on delivery.
- Monthly retainers are billed in advance on the first business day of each calendar month.
- Invoices are payable within 14 days. Overdue invoices may attract a 1.5% per month late fee.
- All fees are quoted in KES exclusive of VAT unless stated otherwise.
- Third-party costs (hosting, ad spend, licences, stock media) are billed at cost or paid by you directly.
4. Client responsibilities
To deliver on time and on budget we rely on you to:
- Provide content, brand assets, and approvals when requested.
- Respond to questions and feedback within reasonable timeframes (typically within 3 business days).
- Ensure that any content, images, or materials you supply are legally yours to use.
- Pay invoices on time.
Delays caused by missing input or late approvals may shift the project timeline and, in some cases, the cost.
5. Revisions and scope changes
Each Engagement includes a defined number of revision rounds. Work outside the original scope (“scope changes”) will be quoted separately and only proceeds after written approval. We don’t quietly stack scope changes onto an invoice.
6. Intellectual property
- Your content. You retain ownership of any content, brand assets, and data you provide.
- Our deliverables. Once an Engagement is paid in full, ownership of the final deliverables (designs, source code, written content) transfers to you, except for components covered by third-party licences and our pre-existing tools, libraries, and frameworks, which remain ours and are licensed to you for use in the deliverable.
- Portfolio rights. Unless we agree otherwise in writing, we may reference completed projects in our portfolio and marketing materials (subject to any confidentiality agreement).
7. Third-party services
Many engagements rely on third-party platforms (e.g. WordPress, hosting providers, Google, Meta, Cloudflare). We don’t control those platforms and aren’t liable for issues, downtime, fee changes, or policy changes on their side. We will, however, make reasonable efforts to mitigate the impact when they occur.
8. Confidentiality
Each party agrees to keep the other’s confidential information confidential and to use it only for the purposes of the Engagement. This obligation survives the end of the Engagement for 3 years.
9. Warranties and disclaimers
We will perform our services with reasonable skill and care, in line with industry standards. Beyond that, the website and services are provided “as is” without further warranties of any kind. We do not guarantee specific rankings, conversion rates, traffic, or revenue outcomes.
10. Limitation of liability
To the maximum extent permitted by Kenyan law, our total liability arising from or in connection with an Engagement is limited to the total fees you have paid us under that Engagement in the 12 months preceding the event giving rise to the claim. We are not liable for indirect, incidental, or consequential losses (including loss of profit, loss of business, or loss of data).
11. Termination
- By you. You may terminate an Engagement at any time on written notice. You will be invoiced for all work completed up to the termination date, plus any non-cancellable third-party costs.
- By us. We may terminate or pause work if invoices are more than 30 days overdue, or if continuing would put us in breach of our other commitments or applicable law.
- Monthly retainers require one calendar month’s notice from either party.
12. Hosting and maintenance plans
Hosting and maintenance plans run month-to-month with a 99.9% uptime target. Backups, security monitoring, and updates are performed on the schedule described on the service page. We are not responsible for downtime caused by client-installed plugins or by issues at upstream providers beyond our control.
13. Acceptable use
You agree not to use our services to host or promote unlawful, fraudulent, or infringing content, malware, phishing, spam, or anything that violates the rights of others. We reserve the right to suspend service in cases of serious or repeated violations.
14. Governing law and disputes
These Terms are governed by the laws of Kenya. Any dispute that cannot be resolved through good-faith discussion will be referred to the courts of Nairobi, Kenya.
15. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date below shows the most recent version. Material changes to ongoing Engagements will be communicated to you directly.
16. Contact
Questions about these Terms? Email us at hello@optisites.co.ke.