Terms of Service

Service Agreement

This agreement outlines the general terms governing services provided by CreativeAxis, including project delivery, payments, responsibilities, revisions, ownership, and cancellations.

Last updated: 16 October 2026

CreativeAxis provides digital, creative, and technology services to individuals and businesses. This Service Agreement explains the general terms under which those services may be requested and delivered.

Important: A project quotation, invoice, written proposal, or separately signed agreement may contain additional terms specific to your project. Where terms conflict, the applicable order documents and mandatory legal requirements must be considered together.

1. Parties to This Agreement

This agreement is between CreativeAxis, referred to as "CreativeAxis," "we," "us," or "our," and the person or organization purchasing or requesting our services, referred to as the "Customer," "Client," or "you."

The specific contracting business name and contact details should be identified on the relevant quotation, invoice, or project agreement.

2. Services Covered

Depending on the quotation or order accepted, CreativeAxis may provide services including:

  • Website design and development.
  • E-commerce website design and setup.
  • Website maintenance and technical support.
  • Graphic design, branding, and visual content.
  • Video editing and creative production.
  • Digital marketing and content creation.
  • Social media management.
  • Other agreed digital, creative, or technical services.

Only the services and deliverables described in the applicable quotation, proposal, invoice, or written project confirmation are included in an order.

3. Project Scope and Deliverables

Before work begins, the parties should confirm the project scope, expected deliverables, estimated timeline, price, payment milestones, and any relevant technical requirements.

Work not included in the agreed scope may require a separate quotation, additional fees, or a revised timeline. CreativeAxis will communicate material changes and seek appropriate approval before proceeding with additional chargeable work.

4. Quotations and Acceptance

Quotations describe the services, pricing, and assumptions applicable when issued. Unless a quotation states otherwise, prices and timelines should be confirmed before work begins.

A project may be treated as accepted when the customer confirms the order in writing, approves the proposal, signs an agreement, or makes a requested payment in response to the agreed terms. Any mandatory legal requirements concerning contract formation continue to apply.

5. Pricing, Taxes, and Payments

The customer agrees to pay the fees stated in the accepted quotation, invoice, or service agreement. Payment arrangements may include an initial deposit, milestone payments, full advance payment, or recurring fees, depending on the service.

  • Invoices should be paid according to their stated due dates.
  • Applicable taxes and third-party charges should be disclosed where required.
  • Work may be paused if an undisputed payment becomes overdue, subject to notice and applicable law.
  • Any applicable late-payment charges must be agreed in advance and permitted by law.
  • Changes to pricing or recurring charges should be communicated before they take effect.

Payment confirmation does not change the agreed scope unless the parties separately approve that change.

6. Customer Responsibilities

The customer agrees to provide the information, materials, approvals, and access reasonably needed for CreativeAxis to perform the agreed work.

  • Provide accurate project information and content.
  • Supply authorized logos, images, text, and other materials.
  • Review drafts and provide feedback within agreed timeframes.
  • Ensure that supplied content may lawfully be used for the project.
  • Keep account credentials confidential and use appropriate access controls.
  • Identify relevant technical, regulatory, or operational requirements before work begins.

Delays in receiving content, access, payment, or approvals may affect project delivery dates. Where a delay materially affects a project, we will communicate the likely impact and discuss a reasonable adjustment.

7. Timelines and Delivery

Project timelines are estimates unless a firm deadline is expressly agreed in writing. Delivery may depend on the timely receipt of content, approvals, payments, and third-party services.

If a foreseeable issue is likely to affect delivery, the parties should communicate promptly and agree on appropriate next steps. This clause does not exclude responsibility for obligations that must be met under applicable law.

8. Revisions and Changes

Any included revision rounds, design approval stages, or change-request allowances should be specified in the quotation or project agreement.

A revision generally adjusts work within the agreed scope. A substantial change to the original brief, new functionality, additional pages, or new deliverables may require additional fees and time.

CreativeAxis will explain the effect of material changes and obtain the customer's approval where additional charges or significant scope changes are proposed.

9. Intellectual Property and Ownership

Ownership and permitted use of project deliverables should be determined by the applicable quotation or written agreement. Unless otherwise agreed, the following principles apply, subject to applicable law:

  • Customer-supplied materials remain subject to the customer's ownership rights or the rights of their respective owners.
  • Third-party fonts, stock images, themes, plugins, software, and other licensed assets remain subject to their applicable licence terms.
  • CreativeAxis may retain rights in pre-existing tools, reusable components, methods, and materials developed independently of the customer's project.
  • The quotation or agreement should specify when ownership or usage rights in final project deliverables transfer.

Unless expressly agreed otherwise, payment for a project does not transfer ownership of third-party assets or rights that CreativeAxis does not own.

10. Domains, Hosting, and Third-Party Services

Domain registration, web hosting, email hosting, premium software, plugins, and other third-party services may be included in a package or billed separately, as specified in the relevant quotation.

Renewal dates, account ownership, subscription fees, storage limits, and provider policies may vary. Customers should review the agreed package to understand what is included and which renewal costs apply.

Third-party providers may experience outages, change their products, adjust their prices, or impose their own restrictions. CreativeAxis will make reasonable efforts to assist with issues within the agreed scope but cannot guarantee the uninterrupted operation of independent third-party services.

11. Access and Security

Each party should take reasonable steps to protect account credentials, administrative access, and confidential project information.

Customers should authorize access only to people who need it and notify CreativeAxis of suspected unauthorized access affecting the project. Any agreed security or backup services will be described in the relevant service scope.

12. Marketing and Business Results

Digital marketing, social media, search optimization, and related services may depend on audience behavior, platform policies, competition, budgets, market conditions, and other factors outside our control.

Unless expressly agreed in writing and legally permissible, CreativeAxis does not guarantee specific sales figures, website traffic, search rankings, lead volumes, follower counts, or other commercial outcomes.

We will describe the agreed services and deliverables clearly. Any performance targets included in a proposal should be interpreted according to the definitions and assumptions stated in that proposal.

13. Confidentiality

Each party should take reasonable care to protect non-public information received from the other party in connection with a project and use it only for appropriate project-related purposes.

Confidentiality obligations do not ordinarily apply to information that is publicly available through no breach, already lawfully known, independently developed, or lawfully received from another source. Disclosure required by law may be made to the extent legally required.

14. Privacy and Personal Data

Where personal data is processed in connection with a project, the parties should comply with applicable data protection obligations. Depending on the service, additional terms may be needed to explain data access, permitted processing, retention, security, and deletion.

Please review our Privacy Policy and Cookie Policy for website-related information.

15. Cancellations and Refunds

A customer who wishes to cancel a project or recurring service should notify CreativeAxis through the agreed communication channel and provide the relevant order or invoice reference.

The parties should review completed work, outstanding deliverables, payments, and any applicable cancellation terms. Any refund or amount still payable will be determined under the applicable agreement and relevant law.

Please refer to our Refund Policy for further information. Nothing in this agreement removes rights that cannot lawfully be excluded.

16. Suspension and Termination

Either party may raise a material failure to meet the agreed terms and request that it be addressed. Where appropriate, the parties should allow a reasonable opportunity to remedy the issue.

A project or service may be suspended or terminated in accordance with the agreed terms or applicable law, including where a material breach remains unresolved, a required payment remains overdue after appropriate notice, or continuing the service becomes unlawful.

On termination, the parties should settle amounts properly due, determine the status of work in progress, and arrange the handling of deliverables and access according to the agreement and applicable law.

17. Liability and Limitations

Each party remains responsible for its obligations under the agreement and applicable law. Neither party should be treated as having waived a legal responsibility that cannot lawfully be excluded or limited.

Any limitation of liability, exclusion of certain losses, or financial cap should be expressly stated in a project-specific agreement, drafted to reflect the actual services and reviewed for enforceability under applicable law.

CreativeAxis is not responsible for independent third-party acts or outages merely because a third-party service is used in a project, except to the extent responsibility arises under the agreement or applicable law.

18. Events Outside Reasonable Control

Neither party should be considered in breach solely because performance is delayed by circumstances beyond its reasonable control, to the extent recognized by applicable law. Examples may include major infrastructure outages, natural disasters, or significant disruptions to essential third-party services.

The affected party should communicate the issue and take reasonable steps to reduce its impact. Payment obligations for services already delivered remain subject to the agreement and applicable law.

19. Complaints and Dispute Resolution

If a concern arises, the parties should first attempt to resolve it through clear written communication and a good-faith discussion.

If the issue remains unresolved, the parties may consider mediation or another appropriate dispute-resolution process before pursuing formal proceedings, where suitable and lawful.

20. Governing Law

The governing law and appropriate forum should be specified in the accepted quotation or project agreement, taking account of the contracting parties, the services, and applicable mandatory legal requirements.

21. Amendments to This Agreement

Any material change to a project or its commercial terms should be recorded in writing and approved by the parties. Publishing an updated general agreement does not automatically replace specific terms already agreed for an existing project unless the parties lawfully agree to that change.

22. Entire Agreement and Severability

The applicable agreement, accepted quotation, order documents, and any expressly incorporated policies describe the terms governing the relevant services.

If a provision is found unenforceable, it should be applied to the maximum extent permitted or treated as severable where appropriate, without invalidating the remaining provisions. Any interpretation remains subject to applicable law.

23. Contact CreativeAxis

For questions about our services or the terms that apply to your project, please contact us through our official website.

Let's clarify your project terms.

Contact CreativeAxis if you need clarification about a quotation, deliverable, payment, or service agreement.

Website: creativeaxis.co.ke

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