Terms of Service
Terms and Conditions
Please read these terms carefully before using our services.
Information
Acceptance of Terms
By accessing or using the Fymate Creation website and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services. These Terms constitute a legally binding agreement between you and Fymate Creation.
Description of Services
Fymate Creation provides web development, digital marketing, and related services including but not limited to:
- Website design and development
- E-commerce solutions
- Content management systems
- Digital marketing and SEO services
- Consultation and project management
- Hosting and maintenance services
We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice.
User Accounts
Account Creation
To access certain features of our Services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities under your account
Account Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.
Services and Pricing
Service Agreements
Specific services may be governed by separate service agreements or contracts. In case of conflict between these Terms and a separate agreement, the separate agreement shall prevail.
Pricing and Payment
- All prices are quoted in Kenyan Shillings (KES) unless otherwise specified
- Payment terms are as specified in the service agreement or invoice
- Late payments may incur interest charges as per Kenyan law
- We reserve the right to modify prices with prior notice
Refund Policy
Refunds are handled on a case-by-case basis and are subject to the specific terms of the service agreement. Generally:
- Cancellations made before work begins may be eligible for a full refund
- Cancellations after work begins may be subject to charges for work completed
- Non-refundable deposits may apply to certain services
Intellectual Property
Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and designs, are owned by Fymate Creation and are protected by Kenyan and international copyright, trademark, and other intellectual property laws.
Client Intellectual Property
- Clients retain ownership of their original content and materials provided to us
- Upon full payment, clients receive ownership of custom-developed deliverables as specified in the service agreement
- We retain the right to use project materials for portfolio and marketing purposes unless otherwise agreed
Third-Party Materials
Some services may incorporate third-party materials (e.g., stock images, fonts, plugins). Clients are responsible for obtaining necessary licenses for such materials.
User Conduct
You agree not to:
- Use our Services for any illegal purpose or in violation of Kenyan laws
- Transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt our Services
- Impersonate any person or entity
- Violate the rights of others, including intellectual property rights
- Engage in fraudulent or deceptive practices
Client Responsibilities
Clients agree to:
- Provide necessary materials and information in a timely manner
- Review and approve deliverables within specified timeframes
- Ensure their content complies with applicable laws and regulations
- Obtain necessary permissions for third-party content
- Maintain their own backups of important data
Hosting and Maintenance
Hosting Services
- Hosting services are provided subject to the specific hosting agreement
- We reserve the right to suspend hosting for violation of terms or security concerns
- Clients are responsible for content hosted on their accounts
Maintenance and Updates
- Maintenance services are as specified in the service agreement
- We may perform scheduled maintenance with reasonable notice
- Emergency maintenance may be performed without notice
Limitation of Liability
To the maximum extent permitted by Kenyan law:
- We shall not be liable for any indirect, incidental, special, or consequential damages
- Our total liability shall not exceed the amount paid for the specific service
- We are not liable for downtime, data loss, or service interruptions
- We are not responsible for third-party services or integrations
Indemnification
You agree to indemnify and hold harmless Fymate Creation, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any third-party rights
- Content you provide or publish through our Services
Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of business. This obligation survives the termination of any agreement.
Termination
Termination by Client
Clients may terminate services by providing written notice. Termination fees may apply as specified in the service agreement.
Termination by Fymate Creation
We may terminate services for material breach of these Terms, non-payment, or other reasonable cause. We will provide notice where practicable.
Effect of Termination
Upon termination:
- All fees accrued prior to termination become immediately due
- Access to Services will be revoked
- We may delete client data after a reasonable period
- Surviving clauses (confidentiality, liability, indemnification) remain in effect
Dispute Resolution
Governing Law
These Terms are governed by the laws of the Republic of Kenya. Any disputes shall be resolved in accordance with Kenyan law.
Arbitration
Disputes shall be resolved through binding arbitration in accordance with the Arbitration Act, 1995 of Kenya. The arbitration shall be conducted in Thika, Kenya.
Court Proceedings
Nothing in this clause prevents either party from seeking urgent interim relief from Kenyan courts.
Force Majeure
We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, strikes, or government actions.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms, together with any referenced documents and service agreements, constitute the entire agreement between you and Fymate Creation regarding the Services.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Modifications
We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website. Continued use of our Services after such changes constitutes acceptance of the modified Terms.
Contact Information
For questions about these Terms, please contact us:
Contact Information
- Email:legal@fymate.online
- Address:Thika, Kenya
- Phone:0795504036