These Terms & Conditions (“Terms”) govern your access to and use of our website, products and professional creative services.

By accessing our website, requesting a quotation, engaging our services, or entering into a project with us, you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not agree with these Terms, you should discontinue use of this website and our services.

These Terms constitute a legally binding agreement between you (“Client”, “you” or “your”) and Niko Creative Kenya.

For projects undertaken by Niko Creative, these Terms should be read together with any applicable:

• Proposal or Quotation
• Statement of Work (SOW)
• Purchase Order (PO)
• Local Purchase Order (LPO)
• Master Design & Creative Services Agreement
• Project Schedule
• Change Order
• Invoice

In the event of any inconsistency, the signed project agreement shall prevail.

Every engagement begins with a quotation, proposal or Statement of Work outlining:

• Project scope
• Deliverables
• Timeline
• Pricing
• Payment schedule
• Revision limits
• Assumptions
• Exclusions

Only services expressly described within the approved project documentation are included.

Additional requests may be treated as a separate engagement and quoted accordingly.

All quotations remain valid for fourteen (14) calendar days unless otherwise stated.

Prices may change after expiry.

Acceptance may occur through:

• Approval of quotation
• Signing a proposal
• Email confirmation
• Issuing an invoice
• Issuing a Purchase Order
• Paying a deposit
• Written approval

Upon acceptance, the quotation/ proposal/ invoice forms part of the contractual agreement.

Projects may be governed by a detailed Statement of Work describing:

• Objectives
• Scope
• Milestones
• Timelines
• Deliverables
• Responsibilities
• Assumptions
• Exclusions

Work outside the approved Statement of Work shall require written approval before commencement.

Clients agree to:

• Provide accurate information.
• Provide timely feedback.
• Nominate a single point of contact where practical.
• Review submitted work promptly.
• Obtain rights for any materials supplied.
• Make payments in accordance with agreed terms.

Project delays caused by late approvals or missing content may result in revised delivery schedules.

Payment schedules vary depending on the engagement and may include:

• 60% / 20% / 20%.
• 60% / 40%.
• Purchase Order arrangements.
• Monthly retainers.
• Milestone billing.

Invoices are payable by the due date shown on the invoice unless otherwise agreed in writing.

Late payments may result in:

• Suspension of services.
• Delayed delivery.
• Interest charges where permitted by law.
• Recovery costs.
• Legal action where necessary.

Ownership of deliverables transfers only after full payment has been received.

Where projects are initiated through a Purchase Order (PO) or Local Purchase Order (LPO):

• the Purchase Order authorizes commencement of work;
• invoicing shall follow the agreed procurement process; and
• ownership of deliverables remains with Niko Creative until all outstanding amounts have been paid in full.

Issuing a Purchase Order does not, by itself, transfer ownership or grant any intellectual property rights.

Unless otherwise agreed in writing:

• all concepts
• sketches
• drafts
• presentations
• strategies
• source files
• working files
• design systems
• prototypes
• code
• documentation

remain the intellectual property of Niko Creative until full payment has been received.

Upon full payment, ownership of the final approved deliverables transfers to the Client, except where third-party licences apply.

Rejected concepts, preliminary work and unused designs remain the exclusive property of Niko Creative.

Clients may not:

• reproduce unpaid work
• modify rejected concepts
• remove copyright notices
• resell deliverables contrary to license terms
• use our work for unlawful purposes
• infringe third-party intellectual property rights
• distribute malware or malicious code through websites developed by us

Unless otherwise agreed in writing or subject to confidentiality obligations, Niko Creative reserves the right to display completed work within:

• our portfolio
• presentations
• marketing materials
• award submissions
• exhibitions
• publications
• social media
• case studies

Client confidential information will not be disclosed without permission.

Niko Creative may use commercially available artificial intelligence tools to enhance research, ideation, workflow automation or production efficiency.

All AI-assisted work is subject to human review before delivery.

Clients acknowledge that certain third-party AI platforms may impose separate license or usage terms beyond our control.

Website projects may include:

• planning
• UX/UI design
• development
• testing
• deployment

Unless expressly included, our services do not include:

• domain registration
• ongoing maintenance
• content creation
• SEO campaigns
• security monitoring
• software licensing

Following launch, Clients are responsible for maintaining their websites unless covered by a maintenance agreement.

Many projects rely on third-party providers including:

• hosting companies
• domain registrars
• payment gateways
• WordPress plugins
• cloud services
• analytics platforms
• APIs

Niko Creative is not responsible for interruptions, failures or changes affecting third-party services.

Separate license agreements may apply.

While we implement recognized SEO best practices where agreed, no guarantee is made regarding:

• search engine rankings
• indexing
• traffic
• conversions
• business performance

Search engine algorithms change continuously and remain outside our control.

Where specifically included within the project scope, we aim to develop websites consistent with recognized accessibility standards, including the Web Content Accessibility Guidelines (WCAG).

Accessibility compliance may depend upon content supplied and ongoing maintenance by the Client.

Both parties agree to protect confidential information received during the course of a project.

Confidential information shall not be disclosed except:

• with consent;
• where required by law; or
• where already publicly available.

These obligations survive completion of the project.

We process personal information responsibly and in accordance with applicable data protection laws, including the Kenya Data Protection Act, 2019, and, where applicable, international privacy legislation.

Please refer to our Privacy Policy for further information.

We reserve the right to suspend work where:

• invoices remain unpaid;
• requested information is not provided;
• project approvals are significantly delayed;
• unlawful instructions are received; or
• continuation of the project would expose us to legal or regulatory risk.

Project schedules shall automatically extend during any suspension period.

Either party may terminate a project in accordance with the applicable project agreement.

Where termination occurs:

• completed work remains payable;
• outstanding invoices become immediately due;
• intellectual property transfers only upon full payment;
• unfinished concepts remain our property.

Cancellation fees may apply where work has already commenced.

We warrant that services will be performed with reasonable care and professional skill.

Except as expressly stated, all services are provided “as is” without additional warranties, whether express or implied.

Clients are responsible for reviewing and approving deliverables prior to publication or production.

Niko Creative may decide to change the terms and conditions, privacy policy and terms of service for this website at any time without notice. By using this website you are agreeing to be bound by the then current version of this terms and conditions, privacy policy and terms of service.

These terms and conditions are governed by and interpreted in accordance with the laws of Kenya and you completely submit to the exclusive jurisdiction of the courts in that Country or location.