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NexaFlow Digital

Terms of Service

Last updated: June 1, 2026

Welcome to NexaFlow Digital. These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. These Terms apply to all visitors, users, and others who access or use the Services.

2. Description of Services

NexaFlow Digital provides digital solutions including but not limited to:

• Website design and development
• Search engine optimization (SEO)
• AI agent and chatbot solutions
• WhatsApp and social media automation
• CEO workflow automation
• Digital marketing and consulting

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice.

3. User Accounts and Registration

Some of our Services may require you to create an account. When you create an account, you must provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to disable any user account at any time if we believe you have violated these Terms.

4. Payment Terms

4.1 Pricing and Fees

All prices for our Services are listed in Kenyan Shillings (KES) and are subject to change without notice. We will notify you of any price changes before they take effect.

4.2 Payment Schedule

For website design and development projects:

• 50% deposit is required to commence work
• 50% balance is due upon project completion and before delivery
• For projects over KES 100,000, we may agree to a milestone-based payment schedule (30/40/30)

4.3 Refund Policy

Refund requests are handled on a case-by-case basis:

• Before work begins: Full refund of deposit
• After design mockup: 50% refund of deposit
• After development begins: No refund; we will complete the project
• Dissatisfaction with final product: We offer up to 3 revision rounds to address concerns

5. Intellectual Property

5.1 Our Intellectual Property

All content, designs, code, graphics, logos, and other materials on our website and provided as part of our Services are the property of NexaFlow Digital or our licensors and are protected by intellectual property laws.

5.2 Client Intellectual Property

Upon full payment, clients receive ownership rights to:

• The final website design and code specific to their project
• Custom graphics and content created specifically for their project

However, we retain rights to:

• Our proprietary frameworks, templates, and reusable code components
• The right to use non-confidential project work in our portfolio
• General methodologies and processes developed by our team

5.3 Third-Party Materials

We may use third-party tools, libraries, plugins, and stock assets in our projects. Clients are responsible for complying with the licensing terms of any third-party materials used in their projects.

6. Client Responsibilities

When engaging our Services, you agree to:

• Provide accurate and complete information about your business and requirements
• Provide all necessary content (text, images, logos, brand guidelines) in a timely manner
• Respond to our communications and feedback requests within reasonable timeframes
• Review and approve deliverables promptly
• Ensure you have the legal right to use any materials you provide to us
• Make payments according to the agreed schedule

7. Project Timeline and Delays

We commit to delivering projects within the agreed timelines. However, timelines may be affected by:

• Delays in receiving required content or feedback from the client
• Changes to project scope requested by the client
• Technical issues beyond our reasonable control
• Force majeure events

We will communicate any anticipated delays as soon as possible and work with you to adjust timelines accordingly.

8. Maintenance and Support

We offer maintenance and support services as outlined in our service agreements:

• Basic maintenance (included for 30 days post-launch): Bug fixes, minor content updates
• Extended maintenance (available as add-on): Regular updates, security patches, content updates, priority support

Maintenance packages do not include major redesigns, new feature development, or significant scope changes, which will be quoted separately.

9. Limitation of Liability

To the maximum extent permitted by applicable law, NexaFlow Digital and its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

• Loss of profits, data, use, goodwill, or other intangible losses
• Any damages resulting from service interruption or data loss
• Any errors, mistakes, or inaccuracies in content
• Any unauthorized access to or use of our servers and personal information

Our total liability for any claims under these Terms shall not exceed the total amount you have paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless NexaFlow Digital and its employees, contractors, agents, officers, and directors from any claim, demand, losses, damages, liability, and expenses (including attorneys' fees) arising from or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Content you provide to us that infringes intellectual property rights

11. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Services will immediately cease
• All provisions of these Terms which by their nature should survive termination shall survive
• You remain liable for all amounts due up to the date of termination

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after any changes constitutes acceptance of the new Terms.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and NexaFlow Digital concerning the Services.