Terms of Service

These Terms govern use of splashmaxcreative.com and the basis on which Splashmax Creative Ltd (“Splashmax”, “we”, “our”, or “us”) discusses and provides creative, branding, packaging, content, photography, videography, website, application, software, strategy and related professional services. By using the website, you agree to these Terms. A project is also governed by its accepted proposal, quotation, statement of work or signed agreement (“Project Agreement”). If a Project Agreement conflicts with these Terms, the Project Agreement controls for that project.

1. Website Information and Enquiries

Website content is general information and an invitation to enquire; it is not a binding offer, quotation or professional legal, financial or regulatory advice. Sending a brief, requesting a quote, booking a call or receiving an automated acknowledgement does not by itself require Splashmax to accept a project. An engagement begins only when the parties accept a Project Agreement or otherwise confirm the scope and commercial terms in writing, including by authorised acceptance or payment where the proposal permits it.

2. Proposals, Scope and Changes

Proposals and estimates are valid for the period stated in them, or 30 calendar days if no period is stated. Deliverables, revisions, milestones, dependencies and exclusions are limited to the agreed scope. Requests outside scope may require a revised fee, timeline or separate agreement. Changes are effective only when confirmed through an authorised written channel.

3. Client Responsibilities and Approvals

You must provide timely, accurate and lawful content, instructions, access and feedback; identify authorised decision-makers; review proofs and test deliverables; and obtain permissions for names, trademarks, images, music, footage, data and other materials you supply. You warrant that Splashmax may lawfully use client-supplied materials for the project. Final approval is your confirmation that visible content, spelling, dimensions, claims and other reviewable details are accepted, except for defects Splashmax could not reasonably expect you to identify.

4. Fees, Taxes and Payment

Fees, currency, instalments and due dates appear in the applicable Project Agreement or invoice. Taxes, licences, printing, production, hosting, domains, stock assets, travel and other third-party costs are additional unless expressly included. We may pause work or withhold delivery where an undisputed payment is overdue. Payments should be made only through details shown on an official Splashmax quotation or invoice. Contact accounts@splashmaxcreative.com to verify any unexpected payment instruction.

5. Cancellation, Deposits and Refunds

Cancellation and rescheduling terms in the Project Agreement apply. Unless that agreement states otherwise, a deposit becomes non-refundable once work starts, to the extent permitted by law. Completed work, approved milestones, non-cancellable bookings, licences, production expenses and other committed costs remain payable. Before work starts, any refund may be reduced by transaction charges and costs already incurred. Nothing in these Terms removes a consumer right that cannot lawfully be excluded or limited.

6. Timelines and Delivery

Dates are good-faith estimates unless expressly guaranteed in writing. Timelines may change where approvals, content, access or payment are delayed; the scope changes; a third party is unavailable; or an event outside reasonable control occurs. Risk in physical goods passes as stated in the Project Agreement or applicable delivery terms. You should inspect physical production and report an apparent issue promptly.

7. Intellectual Property

Splashmax and its licensors retain ownership of the website and of pre-existing materials, methods, reusable code, frameworks, templates, know-how, working files, unused concepts and tools. After full payment, you receive the rights in final approved custom deliverables expressly granted by the Project Agreement. Editable or source files are included only when stated. Fonts, stock media, software, plugins, open-source components and other third-party materials remain subject to their own licences. Until full payment, deliverables may not be commercially used except for review and approval.

8. Portfolio Use and Confidentiality

Each party must protect confidential information received for a project and use it only for the engagement, subject to disclosures required by law or to advisers bound by confidentiality. Unless restricted in writing before publication, Splashmax may identify the client and display completed, publicly released work in its portfolio, awards, proposals and marketing. We will not knowingly publish confidential launch material before it is public.

9. Digital Services and Third Parties

Websites, applications and campaigns may depend on browsers, devices, hosting, domains, APIs, payment providers, social networks, app stores, plugins or other third parties. Their availability, pricing, policies and decisions are outside Splashmax’s control. Unless a maintenance or service-level agreement says otherwise, delivery does not include indefinite hosting, updates, monitoring, cybersecurity, backups or compatibility with future platform changes. You remain responsible for your business content, sector licences, privacy notices and lawful operation after handover.

10. Results and Warranties

We perform agreed services with reasonable care and skill. Creative, commercial, marketing, search-ranking, audience, sales, funding, regulatory and platform-approval outcomes cannot be guaranteed. Except for rights and warranties that cannot legally be excluded, the website and any preliminary concepts are provided on an “as available” basis, and final deliverables are warranted only as stated in the Project Agreement.

11. Liability

To the maximum extent permitted by law, neither party is liable for indirect, special or consequential loss, or loss of profit, revenue, opportunity, goodwill or data, arising from a project. Splashmax’s aggregate liability relating to a project will not exceed the fees actually paid to Splashmax for the affected services. These limits do not apply where liability cannot lawfully be excluded or limited, including liability arising from fraud or deliberate misconduct.

12. Suspension and Termination

Either party may terminate as allowed by the Project Agreement. Splashmax may suspend or terminate work for material breach, overdue undisputed payment, unlawful or abusive instructions, infringement risk, security risk, or failure to provide essential cooperation after reasonable notice. Termination does not affect accrued payment obligations, confidentiality, intellectual-property rights, liability provisions or other terms intended to survive.

13. Acceptable Website Use

You must not misuse the website, interfere with its security or operation, introduce malicious code, attempt unauthorised access, scrape it in a way that impairs service, impersonate another person, or use website materials in violation of law or intellectual-property rights. We may restrict access where reasonably necessary to protect the website, users or Splashmax.

14. Governing Law and Disputes

These Terms and Project Agreements are governed by the laws of Kenya unless the Project Agreement lawfully states otherwise. The parties should first attempt in good faith to resolve a dispute through written notice and negotiation. If it is not resolved, the courts of competent jurisdiction in Kenya will have jurisdiction, without limiting any mandatory consumer remedy or right to approach a regulator.

15. General Terms

Failure to enforce a term is not a waiver. If a term is held invalid, the remaining terms continue to apply. Neither party may assign a Project Agreement contrary to its terms. Electronic communications and approvals may be used as evidence of agreement where permitted by law. We may update these website Terms prospectively; the effective date above identifies the current version. Project-specific changes require the parties’ agreement.

16. Contact

General questions: info@splashmaxcreative.com. Project enquiries: projects@splashmaxcreative.com. Billing questions: accounts@splashmaxcreative.com. Postal address: Splashmax Creative Ltd, P.O. Box 77213–00611, Nairobi, Kenya.