01
About these terms
CodeGenius Studios provides websites, web applications, business
systems, e-commerce solutions, API integrations, and cloud and
DevOps services. These Terms of Service govern use of this website
and set out the general conditions for our professional services.
A proposal, quotation, statement of work or signed project agreement
may contain additional or different terms. Where there is a conflict,
the signed project-specific agreement will take priority for that
engagement.
02
Website use
You may use this website only for lawful purposes. You must not
interfere with its operation, attempt unauthorised access, introduce
malicious code, misuse its content, or use it in a way that infringes
another person's rights.
Information on this website is provided for general information.
Service descriptions, availability, estimates and examples do not
form a binding offer until confirmed by us in writing.
03
Project engagements
Work begins after the scope, fees, timeline and any required deposit
have been agreed in writing. The applicable proposal or agreement
will define the specific deliverables, milestones and acceptance
process.
Any dates given before we receive required content, access,
approvals or payment are estimates and may be adjusted when those
dependencies are delayed.
04
Client responsibilities
The client is responsible for:
- Providing accurate requirements, content, brand assets and access when requested.
- Giving consolidated feedback and approvals within the agreed timeframes.
- Ensuring supplied text, images, data and other materials may lawfully be used.
- Appointing an authorised contact who can make project decisions.
- Reviewing deliverables and reporting concerns promptly.
Delays in these responsibilities may move milestones and the final
delivery date. Substantial inactivity may require the project to be
rescheduled.
05
Fees and payment
Fees, deposits, instalments, taxes, expenses and payment dates are
stated in the applicable quotation or agreement. Unless expressly
agreed otherwise, third-party costs such as domains, hosting,
licences, payment-gateway charges and paid services are separate
from our professional fees.
We may pause work or withhold deployment, handover or transfer of
project assets when an amount is overdue. Deposits and refunds will
be handled according to the project-specific agreement and the work
already completed or committed.
06
Scope, revisions and change requests
The agreed scope defines what is included in the project. Revisions
are limited to the number or review rounds stated in the proposal.
Requests for new features, additional pages, changed requirements,
further revisions or work outside the approved scope may require a
revised timeline and additional fee.
We will explain the likely impact and seek written approval before
proceeding with chargeable out-of-scope work.
07
Delivery and acceptance
We will deliver work through the method agreed for the project.
The client must review each milestone and notify us of any material
non-conformity within the agreed review period. If no issue is
reported within that period, the deliverable may be treated as
accepted.
Launch dates depend on timely approvals, access, content, payment
and third-party services. We are not responsible for delays caused
by circumstances outside our reasonable control.
08
Intellectual property and portfolio use
The client retains ownership of materials they supply. Unless a
project agreement states otherwise, ownership of the final,
client-specific deliverables transfers after full payment of all
amounts due.
Pre-existing tools, reusable components, development methods,
frameworks, open-source software and third-party materials remain
owned by their respective owners and may be subject to separate
licences.
Unless confidentiality has been agreed in writing, we may identify
the client and display non-confidential completed work in our
portfolio, proposals and promotional channels. We will honour any
agreed embargo or confidentiality restriction.
09
Third-party services
Projects may depend on external providers such as hosting companies,
domain registrars, cloud platforms, payment processors, email
providers, APIs, plugins and open-source packages. Their services
are governed by their own terms, pricing, availability and policies.
We will use reasonable care when recommending or integrating them,
but we cannot guarantee their uninterrupted operation or be
responsible for changes, failures or discontinuation beyond our
control.
10
Warranty, maintenance and support
Any warranty period will be stated in the project agreement. Unless
otherwise agreed, warranty support is limited to correcting
reproducible errors caused by the delivered work not operating in
accordance with the approved scope.
Warranty support does not include new features, content changes,
redesigns, problems caused by client or third-party modifications,
unsupported environments, third-party service failures, misuse, or
work outside the original scope. Ongoing maintenance and support
require a separate agreement unless expressly included.
11
Confidentiality and personal data
Each party will take reasonable steps to protect confidential
information received for a project and will use it only for the
engagement, except where disclosure is authorised or required by
law.
Personal information submitted through this website or processed
during a project will be handled in accordance with applicable
Kenyan data protection law and our Privacy Policy. Clients remain
responsible for ensuring their own collection and use of personal
data is lawful.
12
Suspension and termination
Either party may terminate a project as provided in the applicable
agreement. We may suspend or terminate work for material breach,
unlawful instructions, persistent non-payment, abusive conduct or
prolonged client inactivity after reasonable notice.
On termination, the client must pay for completed work, approved
expenses and non-cancellable commitments up to the termination date.
Handover and usage rights remain subject to payment and the relevant
project agreement.
13
Limitation of liability
To the extent permitted by law, neither party will be liable for
indirect, incidental, special or consequential loss, including loss
of profit, revenue, opportunity, goodwill or data. Our total
liability relating to a project will not exceed the fees paid to us
for the specific services giving rise to the claim.
Nothing in these terms excludes liability that cannot lawfully be
excluded or limited. The client is responsible for maintaining
appropriate backups and business continuity arrangements unless
those services are expressly included in writing.
14
Changes, disputes and governing law
We may update these terms by publishing a revised version on this
page. Changes apply from the stated update date and do not replace
agreed project-specific terms retrospectively.
The parties should first attempt to resolve any dispute through
good-faith discussion. These terms are governed by the laws of
Kenya, and unresolved disputes will be subject to the jurisdiction
of the Kenyan courts unless another written agreement provides a
different lawful process.
These general terms work alongside your approved proposal,
quotation or signed project agreement. They do not replace the
specific commercial terms agreed for an individual project.