(Updated 7 July 2019)

By Paying Your Deposit You Are Subjecting Yourself To These Terms And Conditions

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of my services constitutes acceptance of these Terms and Conditions.

1. LIMITED LIABILITY : Emuktech is without liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, virus, delay in operation or transmission, inaccurate information, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity, and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

Emuktech also disclaims any warranty of merchantability or fitness for a particular purpose. Emuktech will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by Emuktech (or visitors, members, contributors or others) negligence, errors or omissions.

2.  GRAPHICS IMAGES AND MATERIALS: All graphics and text are to be supplied by the client in electronic format. Illustrations and photographs must be in Jpeg format.

Emuktech cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

NOTE: Should the client not supply Emuktech with the above information in electronic format, our standard hourly rate of Ksh500/hour will be charged in addition to the design fee for the drafting of text on website pages. Scanning of graphics will be charged at an additional Ksh30 per scan. The rate of Ksh500/hour would also be charged in addition to the quoted price where the client requests Flash graphics, as these are very labour intensive to create. A separate quote would be given in such cases.

IMPORTANT : Text and content provided by the client is used as it is.  Text is literally copied and pasted.  If spelling and grammar is not correct or incorrect text is supplied you will be charged for additional time to correct these.  You need to supply me with ALL the content to be published in its FINAL draft and spell checked before I start the design process.

3. THE DESIGN PROCESS: Note, the design process can only start once ALL the information/text/ images have been supplied by the client. The design process entails the following:

1. Client supplies all text/information/photos/logos and branding colours to be used.
2. Emuktech invoices client for 50% deposit
3. The client accepts the proposal and pays the 50% deposit.
4. Emuktech prepares a concept design dummy based on materials supplied in step one.
5. The client is notified and a process of reciprocal information flow follows in order to get the concept design and layout of the template as per the client’s specifications. The first step is to get the concept design and layout finalized before continuing with the rest of the website. Only 1 page is presented to the client as a concept design draft.
6. The price as quoted on the proposal includes only the first concept design draft and 2 further concept design changes. It is thus important that the client gives Emuktech as much information as possible with regard to colour schemes and layout.
7. Once the client has given final written approval of the concept design and layout, the rest of the website is finalized by including the correct text and photographs and graphics – as supplied by the client. Any additional content that is added later on will be charged for extra.  Ensure you have provided me with all content to be published before I start the design concept.
8. The completed website is then submitted to the client where after, the client is again expected to approve the final website in writing, indicating the end of the design process.
9. Upon completion of the design process, the client pays over to Emuktech the outstanding amount as per the proposal or as agreed upon in writing.
10. Once Emuktech has received the final amount, the website shall be launched on the Internet.
11. After this, Emuktech shall give the client a further 3 Month period, referred to as a ‘fine tuning” period, in which to iron out any possible problems with the website. This includes correction of links not working and any other technical errors. It excludes changes to the design. Design changes will be carried out at an additional cost of Ksh500/hour.
12. After the 3 month period, Emuktech shall carry out website maintenance at Ksh500/hour. This will be charged on half hour increments after a full hour’s work has been carried out and the client shall be kept updated of this.
13. Emuktech shall supply the client with the correct invoices for all payments made.
14. NOTE – changes to the design and layout ordered after the client has approved, in writing, the design and layout shall be charged at an additional rate of Ksh500/hour.

4.  YOUR PRIVACY: We do not share or sell any of your details with any third parties.

5.  PAYMENTS OF ACCOUNTS :

NOTE: I work very fast and deliver a 5 – 8 page website within 3 working days. Some clients take months to even years to respond to feedback requests and have forced me to change my payment terms as follows:

1. A deposit is required from any new client before any work is carried out.
2. The balance is payable upon delivery of a website or within 30 days of this invoice, whichever comes first.
3. If the balance is not received before 30 days the deposit is forfeited.
4. If you still want your website after 30 days of this invoice you will be required to make full payment on the total invoiced i.e. Deposit + Balance.
5. If accounts are not settled or Emuktech have not been contacted regarding the delay, access to the related website may be denied and web pages removed, and the client held liable for the total amount invoiced, you will lose your deposit.
6. The website, graphics and any programming code remain the property of Emuktech until all outstanding accounts are paid in full.
7. Refunds are given at SOLE DISCRETION of Emuktech.

6.  WEBSITE HOSTING: Whilst Emuktech uses a third party hosting company to host websites, no guarantees can be made as to the availability or interruption of this service by Emuktech cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

7. SEARCH ENGINE OPTIMISATION / MARKETING /RANKING: Search Engine Optimization is an on-going process that involves a variety of important aspects. Whilst customers are guaranteed a properly optimized website (phase 1) as well as our very best service and advice, Emuktech cannot guarantee rankings and/or results as we do not exercise continuous control over the actions of neither customers nor the search engines.

8.  MEETINGS: Quotations will be done via email, I do not do meetings for websites under Ksh15,000. In the time we have arranged and held our meeting I could have finished your project already. If you require a meeting with me and your quoted website is under Ksh15,000 it will be @ my hourly rate.

9. FREE 3 MONTH GUARANTEE: I will correct any errors to the design, content, visual effects and programming of your website for three months after the launch of your website to ensure your website is working 100% the way it should be. This is to ensure your satisfaction with the final result and to ensure everything is working as per the original specification.

Any alterations or additions and changes to the website design or content other than corrections will be billed for.

This guarantee only includes website design packages and not marketing packages, search engine optimization and linking. I cannot guarantee results for search engine rankings as I and all webmasters in the world are 100% at the mercy of the Search Engines such as Yahoo, Google, and Bing. They can change their algorithms at any time and with it your rankings.