Terms of Service

Welcome to Code Smithers. By accessing our website, contacting us, requesting a quotation, engaging our services, or entering into a project with Code Smithers, you agree to these Terms of Service. If you do not agree with these terms, please do not use our website or services.

Our Services

Code Smithers provides technology and digital services that may include website development, custom software development, web applications, system design, IT consulting, website maintenance, technical support, integrations, database solutions, and other technology-related services.

The specific services provided for a client will depend on the agreed project requirements, scope, specifications, deliverables, timelines, and quotation or other written agreement between Code Smithers and the client.

Project Scope and Requirements

Before starting a project, Code Smithers may discuss the client's requirements, objectives, technical needs, expected functionality, design preferences, integrations, content, and other project details.

The agreed scope of work forms the basis of the project. Requests for features, functionality, pages, integrations, designs, or other work outside the agreed scope may require additional time and charges.

Clients are responsible for providing accurate information, content, credentials, approvals, and other materials reasonably required for the completion of their project.

Quotations and Pricing

Project quotations provided by Code Smithers are based on the information and requirements available at the time of quotation. A quotation may change if the project requirements, scope, functionality, integrations, content, or technical requirements change.

Unless otherwise stated in writing, third-party costs such as domain registration, hosting, premium software, paid APIs, plugins, licenses, subscriptions, payment gateway charges, advertising services, or other external services may be charged separately.

Payments

Payment terms will be communicated and agreed before or during the commencement of a project. Depending on the nature and size of a project, Code Smithers may require an upfront deposit, milestone payments, or full payment before delivery.

Work may be paused or delayed where an agreed payment has not been received. Code Smithers is not responsible for delays resulting from overdue payments or failure to provide required project information.

Additional work requested outside the agreed project scope may require a separate quotation or additional payment before the work is started.

Client Responsibilities

Clients are responsible for providing accurate project information, lawful content, required approvals, and timely feedback. Clients must also ensure that they have the necessary rights and permissions to use any text, images, logos, videos, documents, software, data, trademarks, or other materials supplied to Code Smithers.

Delays in providing content, approvals, credentials, feedback, or other required information may affect project timelines and delivery dates.

Website and Software Development

Code Smithers will make reasonable efforts to develop websites, applications, and software according to the agreed specifications. However, software and online services may be affected by hosting providers, third-party services, browsers, operating systems, APIs, security issues, network conditions, or other factors outside our direct control.

Unless specifically agreed otherwise, project development does not guarantee uninterrupted operation, permanent compatibility with all future technologies, or protection against every possible security vulnerability.

Revisions and Changes

Reasonable revisions may be included where they relate directly to the agreed project scope. Significant changes to the original requirements, design direction, functionality, or technical architecture may be treated as additional work.

Clients should review project work and communicate requested changes within a reasonable period after receiving a design, development milestone, or deliverable.

Project Delays

We aim to complete projects within the timelines communicated to the client. However, project timelines may change because of delayed client feedback, unavailable content, changes in requirements, third-party services, hosting issues, technical complications, or circumstances outside our reasonable control.

Intellectual Property

Ownership and usage rights for project deliverables will depend on the agreement between Code Smithers and the client and whether any third-party software, libraries, frameworks, templates, fonts, plugins, APIs, or other licensed materials are involved.

Unless otherwise agreed, Code Smithers may retain ownership of its pre-existing tools, reusable code, development methods, frameworks, libraries, components, templates, and general technical knowledge used in delivering a project.

Clients are responsible for ensuring that materials they provide to Code Smithers do not infringe the intellectual property or other rights of third parties.

Third-Party Services

Some projects may depend on third-party services such as hosting providers, domain registrars, payment processors, cloud platforms, APIs, analytics services, plugins, software libraries, social media platforms, or other external providers.

Code Smithers is not responsible for outages, price changes, policy changes, security incidents, account restrictions, discontinued services, or other failures caused by third-party providers.

Hosting and Domain Services

Where Code Smithers assists with domain registration, hosting, deployment, server configuration, or related services, the applicable third-party provider's terms may also apply.

Domain ownership, hosting accounts, renewal fees, storage limits, server resources, and provider-specific policies may be subject to the terms of the relevant third-party provider.

Acceptable Use

You agree not to use our website, services, or systems for unlawful, fraudulent, abusive, malicious, or unauthorized activities.

You must not use our services to distribute malicious software, conduct unauthorized access, violate another person's rights, distribute unlawful content, interfere with computer systems, or otherwise misuse technology or services provided by Code Smithers.

Website Content

The information and content published on the Code Smithers website are provided for general informational purposes. We make reasonable efforts to keep information accurate and current, but we do not guarantee that all website content will always be complete, accurate, current, or free from errors.

Service Availability

We may temporarily modify, suspend, or discontinue parts of our website or services where necessary for maintenance, security, technical improvements, upgrades, or other operational reasons.

Limitation of Liability

To the extent permitted by applicable law, Code Smithers will not be responsible for indirect, incidental, special, consequential, or business losses arising from the use of our website or services, including loss of profits, business interruption, data loss, or third-party service failures.

Nothing in these Terms is intended to exclude or limit liability where such exclusion or limitation is not permitted under applicable law.

Data and Backups

Clients are responsible for maintaining appropriate backups of their important data unless backup services have been specifically agreed and provided by Code Smithers.

Although we may take reasonable precautions when handling project files and data, no electronic storage or transmission system can be guaranteed to be completely secure or free from failure.

Confidentiality

Code Smithers will treat confidential client information responsibly and will not intentionally disclose confidential project information except where disclosure is necessary to provide the agreed services, required by law, or authorized by the client.

Clients should avoid sending passwords, payment card information, government identification numbers, or other highly sensitive information through ordinary email, website forms, or unsecured communication channels unless a secure method has been specifically provided.

Termination

Either party may request termination of a project or service subject to the applicable agreement and any outstanding obligations.

Where a project is terminated after work has started, the client may remain responsible for payment for completed work, approved expenses, third-party costs, and other amounts that became payable before termination.

Refunds

Refunds are handled according to the applicable agreement and the Code Smithers Refund Policy. Where a separate written agreement contains specific payment or refund terms, those terms may apply to the relevant project.

You can review our Refund Policy through the link provided in the website footer.

Changes to These Terms

Code Smithers may update these Terms of Service from time to time to reflect changes to our services, website, business practices, technology, or applicable legal requirements.

When these Terms are updated, we will publish the revised version on this page and update the date shown below. Continued use of our website after an updated version is published constitutes acceptance of the updated Terms to the extent permitted by applicable law.

Governing Law

These Terms of Service shall be interpreted in accordance with the applicable laws and legal requirements governing the relationship between Code Smithers and the client, subject to any specific written agreement between the parties.

Where a project agreement contains specific dispute resolution, jurisdiction, or governing-law provisions, those provisions may apply to that project.

Contact Code Smithers

If you have questions about these Terms of Service, our services, project requirements, payments, or any other matter relating to Code Smithers, you can contact us directly.

• Phone / WhatsApp: +254 742 274 313
• Email: codesmith.sc@gmail.com
• Location: Nairobi, Kenya
• Website: Code Smithers

Last updated: January 10, 2020

Your vision, our code.