Legal — Terms

Terms of Service

Last updated · Version · 1.0Governing law · Kenya

These terms apply when you use our website or engage Rotech Digital Solutions for website, application, advertising or other digital services. Please read them carefully.

In short

Prices on this site are starting points. Every project's scope, price and timeline are confirmed in writing before work starts. Ad spend and third-party costs are separate. Once you've paid in full, you own your custom deliverables. We work hard for results, but we can't guarantee specific rankings, sales or ad performance.

Acceptance of these terms

These Terms of Service ("Terms") are an agreement between you and Rotech Digital Solutions ("Rotech", "we", "us"). By using rotechdigitalsolutions.com or engaging our services, you agree to these Terms. If you are acting for a business, you confirm you have authority to bind that business.

If a signed proposal, quotation or service agreement ("Project Agreement") conflicts with these Terms, the Project Agreement takes priority for that project.

Using our website

You may use this website for lawful purposes only. You must not:

  • attempt to gain unauthorised access to the website, its servers or connected systems;
  • introduce malware or interfere with the website's security or performance;
  • scrape, copy or republish our content for commercial purposes without permission;
  • use the website or our contact channels to send spam, unlawful, or misleading content.

We may change, suspend or withdraw any part of the website at any time without notice.

Information, prices and quotations

The content on this website is general information about our services. It is not a binding offer.

  • Prices shown are indicative starting prices in Kenya Shillings (KSh). The final price depends on the features, complexity and scope we agree.
  • A quotation is valid for the period stated on it, or 30 days if no period is stated.
  • Project visuals labelled as concepts are illustrations of the types of work we do. They are not completed client projects.

Project engagements

Before work begins, we agree the scope, deliverables, milestones, price, payment schedule and any maintenance or support terms in writing. This can be by signed agreement, accepted quotation, email or WhatsApp confirmation.

  • Revisions: the number of revision rounds included is set out in your quotation. Further changes, or work outside the agreed scope, may be quoted and billed separately.
  • Timelines are estimates and depend on timely feedback, content and approvals from you. Delays caused by late inputs may move delivery dates.
  • Acceptance: deliverables are treated as accepted when you approve them, put them into live use, or don't report a material defect within 14 days of delivery.

Payment

  • Unless your quotation says otherwise, we may require a deposit before work begins, with the balance due before final delivery or launch.
  • Invoices are payable within the time stated on them. We may pause work, or withhold delivery or transfer of deliverables, until overdue amounts are paid.
  • Deposits cover planning and reserved time. They are non-refundable once work has started, unless we agree otherwise in writing or the law requires a refund.
  • Monthly services, such as ads management, are billed in advance and continue until cancelled as described in the Termination section.

Your responsibilities

To help us deliver your project, you agree to:

  • provide accurate information, content, feedback and approvals on time;
  • make sure you own or have permission to use any text, images, logos, data or other materials you give us, and that they don't break any law or third-party rights;
  • keep login details we give you secure, and give us the account access we need to deliver the work;
  • comply with data protection laws for any personal data your website or app collects from your own customers;
  • review your website or app content, including legal pages, before it goes live.

Third-party services and costs

Projects often rely on third-party services such as hosting providers, domain registrars, email services, payment gateways, app stores, plugins and APIs. Unless we agree otherwise in writing:

  • third-party fees (including domain and hosting renewals, Google Play developer fees and paid integrations) are your responsibility and are not included in our prices;
  • these services are governed by their providers' own terms, and we are not responsible for their availability, pricing changes or policy decisions;
  • where possible, accounts should be registered in your name so that you control them.

Advertising services

  • Our management fee does not include advertising spend. Ad spend is paid directly to Meta, Google or the relevant platform, or is agreed separately in writing.
  • All campaigns are subject to the advertising platforms' policies. We cannot control or guarantee ad approval, account reviews, delivery, costs per result, or platform suspensions.
  • You are responsible for making sure your products, offers and claims are lawful and accurate. We may refuse to run ads we reasonably believe are unlawful or misleading.
  • Advertising performance depends on many factors outside our control, so we do not guarantee specific leads, sales or return on ad spend.

Intellectual property

Our website

The content, design, text, graphics and code of this website belong to Rotech or its licensors, and are protected by intellectual property laws. You may not reproduce them without our written permission.

Your project

  • Once you have paid all amounts due for a project, ownership of the custom deliverables we create specifically for you passes to you, unless your Project Agreement says otherwise.
  • We keep ownership of our pre-existing tools, code libraries, templates and know-how. Where these are part of your deliverables, we grant you a non-exclusive, perpetual licence to use them as part of your project.
  • Open-source software, fonts, stock images and third-party components stay subject to their own licences.
  • Unless you ask us not to in writing, we may show completed, publicly available work in our portfolio and marketing. We will never disclose your confidential information.

Confidentiality

Both parties agree to keep each other's non-public business information confidential and to use it only for the project, except where disclosure is required by law. This obligation continues after the project ends. Our handling of personal data is described in our Privacy Policy.

Warranties and disclaimers

We will provide our services with reasonable care and skill. If you report a defect in our work within the support period stated in your quotation (or 14 days after launch if none is stated), we will fix it at no extra cost.

Except as stated above and to the extent permitted by law:

  • the website and our services are provided "as is", and we do not guarantee they will be uninterrupted or error-free;
  • we do not guarantee specific search engine rankings, traffic, sales, leads or business outcomes;
  • we are not responsible for problems caused by changes made by you or third parties, third-party services, hosting outages, or software updates outside our control.

Limitation of liability

To the maximum extent permitted by law:

  • we are not liable for any indirect or consequential loss, or for loss of profit, revenue, data, business or goodwill;
  • our total liability arising from any project or service is limited to the fees you actually paid us for that specific project or service in the 12 months before the claim arose.

Nothing in these Terms limits liability that cannot be limited under Kenyan law, including liability for fraud or under the Consumer Protection Act, 2012 where it applies.

You agree to compensate us for reasonable losses arising from content or materials you supply that infringe third-party rights or break the law.

Termination

  • Either party may end a project by written notice if the other materially breaches these Terms and doesn't fix the breach within 14 days of being notified.
  • Monthly services may be cancelled by either party with 30 days' written notice, unless your agreement states a different notice period.
  • If a project ends early, you pay for work completed and costs incurred up to the termination date, and we will hand over completed work once those amounts are paid.

Governing law and disputes

These Terms are governed by the laws of the Republic of Kenya. If a dispute arises, both parties will first try in good faith to resolve it through discussion. If it can't be resolved within 30 days, either party may refer it to mediation or to the courts of Kenya, which have exclusive jurisdiction.

General

  • Force majeure: neither party is liable for delays caused by events beyond its reasonable control, such as power or internet outages, platform failures, natural disasters or government action.
  • Severability: if any part of these Terms is found unenforceable, the rest stays in effect.
  • No waiver: not enforcing a right does not mean we have given it up.
  • Changes: we may update these Terms. Changes apply from the date they're published and do not affect projects already agreed in writing.
  • Entire agreement: these Terms, together with any Project Agreement and our Privacy Policy, form the whole agreement between us regarding their subject matter.

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