Terms of Service
Last updated: October 2025
Welcome to Qodewire. These Terms of Service (“Terms”) govern your access to and use of our website (qodewire.com) and all related products and services offered by Qodewire, including web design, development, SEO, website maintenance, and digital marketing. By visiting or using our site, purchasing our services, or engaging us in any way, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should stop using our site and services immediately.
1. Use of Website and Services
Qodewire provides its website and services for lawful purposes only. You agree not to misuse our website, disrupt its functionality, or use it to distribute malicious content, spam, or any other activity that interferes with others’ access or violates applicable laws.
You must be at least 18 years old or have legal capacity to enter into binding agreements. Any use of our website or services on behalf of a company or organization confirms that you are authorized to bind that entity to these Terms.
We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time, without prior notice.
2. Scope of Services
Our services include but are not limited to web design and development, website care and maintenance, SEO, and digital marketing. Each project or engagement may have its own agreement or proposal, which outlines specific deliverables, timelines, and payment terms. In the event of a conflict between these Terms and a signed proposal, the proposal takes precedence for that particular project.
All project start dates and delivery timelines depend on timely cooperation from the client, including the submission of required content, feedback, and approvals. Delays in communication or incomplete materials may affect delivery schedules.
3. Payments and Fees
All services provided by Qodewire are subject to agreed-upon fees stated in your proposal or invoice. Unless otherwise specified, a non-refundable deposit is required before work begins. Remaining balances are payable upon project milestones or completion.
Invoices must be settled within the time specified. Late payments may incur interest or lead to suspension of ongoing work until the account is settled. Ownership of digital assets, including website files or deliverables, remains with Qodewire until full payment is received.
If a project is cancelled by the client before completion, Qodewire reserves the right to retain all payments made up to that point to cover time and resources invested.
4. Intellectual Property and Licensing
All materials created by Qodewire, including design layouts, graphics, written content, and source code, remain the property of Qodewire until full payment is made. Once payment is complete, ownership rights for the final deliverables are transferred to the client, unless otherwise stated in writing.
Qodewire retains the right to display completed projects in its portfolio, on social media, and in marketing materials, unless the client expressly requests confidentiality in writing.
All pre-existing software, frameworks, or third-party assets used in client projects remain under their respective licenses and are not transferred to the client.
5. Client Responsibilities
Clients are responsible for providing all necessary materials, including logos, images, copy, and other content required to complete a project. All content provided must be lawful and free from copyright infringement.
Clients must review and approve work promptly during each stage of the project. Failure to provide feedback or approvals within a reasonable timeframe may lead to project delays.
Qodewire will not be held liable for errors or issues resulting from incorrect or incomplete information provided by the client.
6. Confidentiality
Both Qodewire and the client agree to treat all non-public information shared during a project as confidential. This includes business data, trade secrets, marketing plans, and login credentials. Such information will not be shared with third parties except as required for the delivery of agreed services or as mandated by law.
Qodewire may engage vetted third-party contractors or software providers to deliver specific components of a project. In such cases, confidentiality obligations extend to those third parties.
7. Website Hosting and Third-Party Services
Qodewire may recommend or provide access to hosting platforms, plugins, or external tools to enhance website functionality. While we vet our recommendations carefully, we do not control these third-party services and are not responsible for their uptime, data handling, or policies.
Clients are encouraged to review third-party service terms before purchase or integration. Any third-party fees, renewals, or subscriptions are the responsibility of the client unless otherwise agreed.
8. Limitation of Liability
Qodewire strives to deliver high-quality, reliable services. However, all services and materials are provided “as is” and “as available,” without any warranty, express or implied.
We do not guarantee specific rankings, sales figures, or business outcomes from SEO or marketing efforts, as these depend on numerous external factors.
In no event shall Qodewire, its employees, or contractors be held liable for any indirect, incidental, or consequential damages arising from the use of our website or services. Our total liability shall not exceed the total amount paid by the client for the service that gave rise to the claim.
9. Data Protection and Privacy
Qodewire respects your privacy and handles all personal and business data in accordance with our Privacy Policy. We take reasonable measures to protect data from unauthorized access or loss.
Clients are responsible for maintaining the confidentiality of their own credentials and website accounts. Qodewire will not be responsible for data breaches caused by weak passwords, shared access, or insecure third-party integrations.
10. Cancellation, Revisions, and Refunds
Requests for revisions are welcome within the scope defined in your proposal. Major changes or additional features beyond the original scope may incur extra costs.
If a project is cancelled before completion, payments already made are non-refundable. Qodewire may issue partial refunds at its discretion if minimal work has been completed.
Once a project is approved and delivered, Qodewire is not obliged to provide refunds unless a written warranty or service guarantee explicitly applies.
11. Indemnification
You agree to indemnify and hold harmless Qodewire, its affiliates, and team members from any claims, damages, or expenses (including legal fees) arising from your use of our website, violation of these Terms, or misuse of delivered work. This includes claims related to copyright infringement or misuse of third-party content supplied by the client.
12. Termination
Either party may terminate a project agreement in writing if the other party materially breaches these Terms and fails to remedy the breach within a reasonable period after notice.
Qodewire reserves the right to suspend or terminate access to its website or services at any time if we believe a user’s actions violate laws, harm our operations, or breach these Terms.
13. Force Majeure
Qodewire shall not be held liable for delays or non-performance caused by circumstances beyond its reasonable control, including natural disasters, internet outages, strikes, or government restrictions.
14. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or relating to these Terms shall first be resolved amicably through negotiation. If no resolution is reached within thirty (30) days, either party may refer the dispute to arbitration in Nairobi, in accordance with the Kenyan Arbitration Act. The decision of the arbitrator shall be final and binding.
If arbitration is deemed unenforceable, the dispute will be handled by the competent courts of Kenya.
15. Contact Information
For any questions, complaints, or legal notices regarding these Terms, please contact:
Qodewire
Email: info@qodewire.com
Website: https://qodewire.com