Terms of Service

Last Updated: April 7, 2024

These Terms of Service ("Terms") govern your access to and use of the services provided by Digitera Africa ("we," "us," or "our"), including our website, digital marketing services, and related offerings (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not access or use our Services.

2. Changes to Terms

We may revise these Terms at any time by updating this page. By continuing to use our Services after those revisions become effective, you agree to be bound by the revised Terms. We will provide notice of material changes to the Terms by posting a notice on our website or sending you an email.

3. Description of Services

Digitera Africa provides digital marketing services, including but not limited to:

• Digital marketing strategy development and implementation
• Search engine optimization (SEO)
• Social media marketing and advertising
• Content creation and marketing
• Email marketing
• Web design and development
• Mobile app development
• Programmatic advertising
• Influencer marketing
• Analytics and reporting

The specific services to be provided will be outlined in a separate agreement or statement of work between you and Digitera Africa.

4. Your Obligations

When using our Services, you agree to:

• Comply with all applicable laws and regulations
• Provide accurate and complete information
• Cooperate with our reasonable requests for information or assistance
• Use our Services only for lawful purposes
• Not engage in any activity that could harm our Services or other users
• Not use our Services to distribute malware or other harmful content
• Not infringe on the intellectual property rights of others

5. Intellectual Property Rights

Our Intellectual Property

All intellectual property rights in our Services and content, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are owned by us or our licensors. These works are protected by copyright, trademark, and other laws.

Your Content

You retain ownership of any content you provide to us in connection with our Services ("Your Content"). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display Your Content for the purpose of providing and promoting our Services.

Deliverables

Unless otherwise specified in a separate agreement, upon full payment of all applicable fees, we grant you a non-exclusive, worldwide, perpetual license to use the deliverables created specifically for you as part of our Services for your internal business purposes.

6. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services, including business plans, customer data, technology, and marketing strategies. This obligation does not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was known to the receiving party prior to disclosure
• Is independently developed by the receiving party
• Is required to be disclosed by law or court order

7. Privacy

Our Privacy Policy governs our collection and use of your personal information. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

8. Limitation of Liability

To the maximum extent permitted by law:

• We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill
• Our total liability for all claims related to these Terms or our Services will not exceed the amount you paid us for the Services during the 12 months preceding the claim
• These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory

9. Warranties and Disclaimers

We provide our Services using reasonable skill and care. However, to the extent permitted by law, we:

• Make no warranties or representations about the accuracy or completeness of the content provided through our Services
• Do not guarantee any specific results from the use of our Services
• Provide our Services "as is" and "as available" without any warranties of any kind, either express or implied

10. Indemnification

You agree to indemnify, defend, and hold harmless Digitera Africa and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of our Services
• Your violation of these Terms
• Your violation of any third-party right, including any intellectual property right or privacy right
• Any content you provide to us

11. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use our Services will immediately cease
• You remain liable for any amounts due to us
• All provisions of these Terms which by their nature should survive termination shall survive

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Kenya. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

14. Entire Agreement

These Terms, together with any other agreements specifically referenced herein, constitute the entire agreement between you and Digitera Africa regarding our Services and supersede all prior agreements, understandings, and communications, whether written or oral.

15. Contact Information

If you have any questions about these Terms, please contact us at: