Terms and Conditions for LEWAY Creatives

Please read these terms and conditions carefully before using Our Service.

1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

• Company refers to LEWAY Creatives, a business operating under the laws of Kenya.
• Website refers to LEWAY Creatives, accessible from https://lewaycreatives.com/.
• Service refers to the Website and all professional services offered by the Company, including Web Design & Development, Graphic & Creative Design, Content Creation & Copywriting, and Career & Personal Branding.
• Terms and Conditions means this agreement between You and the Company regarding the use of the Service.
• You (also referred to as "the Client") means the individual accessing or using the Service.
• Deliverables means the final, completed work product produced by the Company for the Client.
• Country refers to: Kenya.

2. Acknowledgment

These Terms govern the use of this Service and the agreement that operates between You and the Company. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms, which apply to all visitors, users, and clients.

By accessing or using the Service You agree to be bound by these Terms. Please read Our Privacy Policy carefully before using Our Service.

3. Scope of Services and Project Agreements

The specific scope of work, project timelines, deliverables, and fees for any service procured by You will be detailed in a separate formal proposal or Statement of Work (SOW), which once agreed upon, will be incorporated by reference into these Terms.

4. Payments and Fees

Payment for services is due according to the terms outlined in the project proposal or SOW, which may include an upfront deposit before work commences and final payment upon completion.

All fees are quoted in the currency specified in the proposal and are non-refundable once work has commenced, except as otherwise provided in these Terms. Failure to make timely payments may result in suspension of work or termination of the project.

5. Intellectual Property Rights

• Our Property: All content, logos, visual designs, and trademarks on this Website are the exclusive property of the Company.
• Client Property: Any pre-existing materials provided by You will remain Your property. You warrant that you have the necessary rights to provide this material to us.
• Ownership of Deliverables: Upon receipt of full and final payment, ownership and intellectual property rights for the final Deliverables will be transferred to You.
• Portfolio Rights: The Company retains the right to showcase the work completed for You in our portfolio and marketing materials.

6. Client Responsibilities

To ensure a smooth project workflow, You agree to: provide all necessary information and materials in a timely manner; provide timely feedback and approvals; and communicate clearly and promptly regarding any questions or concerns.

Delays in fulfilling these responsibilities may result in adjustments to the project timeline and, in some cases, additional costs.

7. User Feedback and Suggestions

If You provide Us with any feedback or suggestions regarding the Service, You grant the Company the full right to use and implement such Feedback for any purpose, without any credit, compensation, or obligation to You.

8. Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

9. Termination

We may terminate or suspend your project immediately, without prior notice or liability, if You breach these Terms, including failure to make payments as agreed.

If a project is terminated by You before completion, you will be liable for payment for all work completed up to the date of termination. Any deposits paid will be non-refundable.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in any way related to the use of our Services. The entire liability of the Company shall be limited to the amount actually paid by You for the specific Service giving rise to the claim.

11. Governing Law and Disputes Resolution

The laws of the Country of Kenya shall govern these Terms and Your use of the Service. If You have any concern or dispute, You agree to first try to resolve the dispute informally by contacting the Company.

12. Severability and Waiver

• Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed to accomplish its objectives to the greatest extent possible under applicable law.
• Waiver: The failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right at any time thereafter.

13. Changes to These Terms and Conditions

We reserve the right to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on this page. By continuing to access or use Our Service after revisions become effective, You agree to be bound by the revised terms.

14. Contact Us

If you have any questions about these Terms and Conditions, You can contact us at connect@lewaycreatives.com.