Terms and Conditions

These Terms govern your use of WPFOSS services. By using our services, you agree to these Terms.

1. Scope of Services

• WordPress development, Web design, WooCommerce setup, M-Pesa integration, and related digital services.
• Services exclude third-party platform issues (e.g., M-Pesa downtime).

2. Client Responsibilities

• Provide accurate, lawful content and access credentials.
• Ensure website content complies with applicable laws.
• Use services responsibly (no illegal activities, spam, or intellectual property violations).

3. Payment Terms

• Payments are made via M-Pesa unless otherwise agreed.
• Fees are due before delivery of services unless a written contract states otherwise.

4. Intellectual Property

• Clients retain ownership of their own content.
• WPFOSS licenses themes and plugins unless stated as purchased outright.
• WPFOSS may showcase completed projects as part of its portfolio.

5. Limitation of Liability

• Liability is capped at fees paid for services.
• WPFOSS is not responsible for failures caused by third-party services or uncontrollable events.
• Clients indemnify WPFOSS against claims arising from misuse of delivered services.

6. Termination

• Either party may terminate with 30 days’ written notice.
• Fees for completed work remain payable.
• On termination, clients retain ownership of websites but lose access to proprietary WPFOSS tools.

7. Data Protection and Privacy

• WPFOSS complies with Kenya’s Data Protection Act, 2019.
• Clients must comply with data protection rules for any data they collect through their websites.
• Breach notifications will follow law requirements.

8. Dispute Resolution

• Disputes first handled through good-faith negotiation.
• If unresolved, disputes will go to arbitration in Nairobi, Kenya.

9. Governing Law

These Terms are governed by Kenyan law.

10. Force Majeure

We are not liable for service disruptions beyond our control (cyberattacks, power outages, natural disasters).

11. Changes to Terms

We may update these Terms. Continued use after updates means acceptance.

12. Contact

For questions: hello@wpfoss.com