{:)}
{" terms_of_service "}
_privacy policy
Effective Date: 10/03/2026
Welcome to TechWorks. These Terms of Service ("Terms") govern your use of our website and the comprehensive ICT solutions we provide, including web/app development, marketing, branding, design & rendering, print on demand, and writing & transcriptions services.
{01}
_acceptance of terms
By accessing our website or engaging our services, you confirm that you are at least 18 years old and legally able to enter into binding contracts. Your continued use constitutes acceptance of these Terms.
{02}
_service provided
TechWorks provides digital agency services as described on our website or in project proposals. All services are subject to availability, and we reserve the right to refuse service at our discretion . Services may include integrations with third-party platforms (e.g., Google, Meta, hosting providers), and your use of those services is subject to their own terms.
{03}
_client responsibilites
To ensure successful project delivery, you agree to:
- Provide accurate, complete, and timely information, content, images, logos, and materials necessary to perform services
- Timely approve project milestones, deliverables, and provide feedback when requested
- Warrant that all materials you supply are owned by you or properly licensed, and do not infringe on any third-party rights
- Cooperate with us throughout the engagement
- Maintain the confidentiality of any account credentials
Delays in providing feedback or materials may impact project timelines, and we are not responsible for delays caused by client responsiveness.
{04}
_use of website and service
You agree to use our website and services lawfully and in accordance with these Terms. Prohibited activities include:
- Uploading or transmitting illegal, fraudulent, defamatory, obscene, or offensive content
- Impersonating others or making false representations
- Transmitting viruses, Trojan horses, or other harmful software
- Engaging in spamming, flooding, or unsolicited commercial communications
- Using the services to harass any person or violate applicable laws
We have the right to take remedial action, including removing or disabling access to material that violates this policy.
{05}
_intellectual property
{5.1}
_ownership of deliverables
All materials created by TechWorks—including designs, code, strategies, campaigns, graphics, and proprietary tools—remain the intellectual property of TechWorks until full payment is received. Upon full payment, ownership of final deliverables transfers to you as outlined in your project agreement.
{5.2}
_license to use
Until ownership transfers, or for materials not covered by transfer, we grant you a non-exclusive, non-transferable license to use deliverables solely for your internal business purposes.
{5.3}
_client content
By making your content available to us through our services, you grant TechWorks a worldwide, royalty-free, non-exclusive license to host and use your content for the purpose of delivering our services.
{5.4}
_portfolio
We retain the right to display completed work in our portfolio and marketing materials unless you expressly request otherwise in writing.
{06}
_data retention
- Fees: All fees will be outlined in your proposal, invoice, or service agreement. A deposit (e.g., 30-50%) may be required before work begins.
- Invoicing: Payments are due according to the terms in your proposal. Late payments may incur a monthly late fee (e.g., 1.5%) and may result in suspension of services until cleared.
- Non-Refundable: Due to the nature of digital services, all fees are non-refundable unless explicitly stated otherwise in a separate written agreement.
{07}
_cancellation
If you cancel a project after work has started, cancellation fees may apply (e.g., deposit non-refundable, or percentage of total cost depending on work completed). Completed work for which payment has been made will be delivered; unpaid deliverables remain our property.
{08}
_third-party services
Our services may integrate with third-party platforms (e.g., Google, Meta, hosting providers, analytics tools). We are not liable for:
- Service interruptions or changes by third-party platforms
- Errors, downtime, or limitations caused by external systems
- Losses resulting from third-party policies or platform restrictions
{09}
_no guarantee of results
Digital marketing, SEO, and development results vary depending on market conditions, competition, algorithm changes, and many external factors. TechWorks does not guarantee specific rankings, traffic increases, revenue outcomes, or specific performance metrics.
{10}
_disclaimers and limitation of liability
{10.1}
_disclaimers
All materials created by TechWorks—including designs, code, strategies, campaigns, graphics, and proprietary tools—remain the intellectual property of TechWorks until full payment is received. Upon full payment, ownership of final deliverables transfers to you as outlined in your project agreement.
{10.2}
_limitation of liability
Until ownership transfers, or for materials not covered by transfer, we grant you a non-exclusive, non-transferable license to use deliverables solely for your internal business purposes.
{11}
_indemnification
You agree to indemnify and hold harmless TechWorks and its affiliates, officers, employees, and agents from any claims, losses, liabilities, damages, expenses, or demands (including attorneys' fees) arising out of your use of our services, your violation of these Terms, or your infringement of any third-party rights.
{12}
_governing law
These Terms are governed by the laws of Kenya. Any disputes must be resolved in the courts located in Kenya.
{13}
_changes of terms
We reserve the right to update these Terms at any time. Changes will be posted on this page, and your continued use constitutes acceptance of the revised Terms.
{14}
_contact us
For questions about these Terms, please contact us at techworks@xenoxindustries.com.
{*}
<contact_us>
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