Legal

Terms of Service

Last updated: January 1, 2024

1. Agreement to Terms

By accessing or using the services provided by Visuals by David ("we," "us," or "our"), including our website at visualsbydavid.co.ke, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Services Offered

Visuals by David provides:

  • Custom design services including logo design, brand identity, web design, 3D visualization, and print design
  • Digital products and templates available for purchase through our marketplace
  • Design consultations and project-based work

3. User Accounts

To access certain features of our services, you may need to create an account. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Providing accurate and complete information
  • Notifying us immediately of any unauthorized use

4. Custom Design Services

4.1 Project Process

Custom design projects follow our standard workflow: briefing, concept development, revisions, and final delivery. Specific terms for each project will be outlined in the project agreement.

4.2 Revisions

The number of revisions included depends on the service package selected. Additional revisions beyond the included amount may incur extra charges.

4.3 Client Responsibilities

Clients are responsible for providing clear briefs, timely feedback, and all necessary materials (logos, images, content) required for the project.

5. Digital Products

5.1 License

Digital products purchased from our marketplace are licensed, not sold. The license type (personal or commercial) determines how you may use the product. See our License Agreement for details.

5.2 Downloads

After purchase, digital products are available for download from your account dashboard. Download links remain active for a reasonable period.

6. Payments

6.1 Pricing

All prices are listed in Kenyan Shillings (KES) unless otherwise stated. Prices may be subject to change.

6.2 Payment Methods

We accept payments via M-Pesa and PayPal. Custom projects may require a deposit before work begins.

6.3 Refunds

Refund policies vary by service type. Please see our Refund Policy for details.

7. Intellectual Property

7.1 Ownership

Upon full payment, clients receive ownership rights to custom work as specified in their project agreement. Digital products are licensed according to the purchased license type.

7.2 Portfolio Rights

We reserve the right to display completed work in our portfolio and marketing materials unless otherwise agreed in writing.

8. Prohibited Uses

You agree not to:

  • Use our services for any unlawful purpose
  • Resell or redistribute digital products without proper licensing
  • Misrepresent yourself or impersonate others
  • Interfere with the proper functioning of our website
  • Attempt to gain unauthorized access to our systems

9. Limitation of Liability

To the maximum extent permitted by law, Visuals by David shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services.

10. Indemnification

You agree to indemnify and hold harmless Visuals by David from any claims, damages, or expenses arising from your use of our services or violation of these terms.

11. Changes to Terms

We may update these terms from time to time. Continued use of our services after changes constitutes acceptance of the updated terms.

12. Governing Law

These terms are governed by the laws of Kenya. Any disputes shall be resolved in the courts of Nairobi, Kenya.

13. Contact Us

For questions about these Terms of Service, please contact us at hello@visualsbydavid.co.ke