Brandefy Creative Studio

Legal

Terms of Use

Version 1.0Published 20 Jul 2026

Effective Date: April 21, 2026

1. Introduction These Terms of Use ("Terms") govern the relationship between SyncD Group Africa Limited T/A Brandefy Creative Studio ("Brandefy", "we", "us", or "our"), located at P. O. Box 13242 - 00100, Nairobi, Kenya, and you ("Client", "you", or "your"). By requesting a quote, engaging our services, or using our digital platforms, you agree to be bound by these Terms.

2. Scope of Services Brandefy provides digital branding, design, development, marketing, and related consultancy services ("Services"). The specific scope, deliverables, timelines, and costs will be detailed in a formal Quote or Statement of Work (SoW) provided to you. Any work outside the agreed SoW will be subject to additional fees.

3. Quotes and Payment Terms

  • Quotes: Quotes are valid for the period specified on the document (typically 30 days).

  • Payment Schedule: Unless otherwise specified in the Quote, a non-refundable deposit (typically 50%) is required before work commences. The remaining balance is due upon project completion or at agreed milestones, prior to the final handover of deliverables.

  • Currency & Taxes: Prices are quoted in Kenyan Shillings (KES) or US Dollars (USD). All fees are exclusive of Value Added Tax (VAT) and other applicable statutory taxes, which will be added to the final invoice.

  • Late Payments: Invoices not paid within 14 days of the due date may incur a late payment fee of 2% per month on the outstanding balance.

4. Intellectual Property Rights

  • Pre-existing Material: Each party retains ownership of its respective pre-existing intellectual property.

  • Deliverables: Upon full and final payment, Brandefy grants the Client an exclusive, perpetual, worldwide license to use the final deliverables for their intended business purpose.

  • Working Files: Raw files, source code, and unused concepts remain the property of Brandefy unless explicitly purchased or transferred under a separate agreement.

  • Promotional Rights: Brandefy reserves the right to display the final deliverables in our portfolio and marketing materials unless a Non-Disclosure Agreement (NDA) dictates otherwise.

5. Client Obligations The Client agrees to provide timely feedback, approvals, and necessary materials (text, images, branding guidelines) required to complete the Services. Delays caused by the Client may result in extended project timelines and additional administrative fees.

6. Warranties and Limitation of Liability

  • Warranties: Brandefy warrants that the Services will be performed with reasonable skill and care. We do not warrant that digital deliverables (like websites or apps) will be entirely error-free or immune to unauthorized access (hacking).

  • Limitation of Liability: To the maximum extent permitted by law, Brandefy’s total aggregate liability arising out of or in connection with these Terms shall not exceed the total fees paid by the Client for the specific Services giving rise to the claim. We are not liable for indirect, consequential, or economic losses.

7. Termination Either party may terminate the engagement with 14 days written notice. In the event of termination by the Client, Brandefy will retain the initial deposit and invoice for any pro-rata work completed beyond the deposit value.

8. Governing Law & Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising shall be subject to the exclusive jurisdiction of the competent courts in Nairobi, Kenya.