Branding by Thrive Logo

Terms and Conditions

Last updated: 21st January 2025

1. Introduction

Welcome to Branding by Thrive, a branded service offered by Thrive Co. Ltd. ("Thrive," "we," "us," or "our"). These Terms and Conditions govern your access to and use of our website located at https://www.brandingbythrive.com (the "Site") and all services offered by Branding by Thrive. By accessing or using the Site or our services, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the Site or our services.

2. Services

Branding by Thrive provides digital branding services, including but not limited to website design and development, social media management, website and social media traffic analysis, attribution and insights, digital branding (logos, building brand schemes, etc.), marketing material design and development, and content marketing. The specific details and scope of services will be outlined in a separate agreement or proposal between you and Thrive.

3. Intellectual Property

Ownership of intellectual property rights in deliverables depends on the service type:

  • One-off Services: Upon full payment, ownership of the deliverables transfers to the client.
  • Subscription Services: Thrive retains ownership of the deliverables. Clients may use the deliverables for their normal business operations but may not resell them.
  • Transfer of Ownership (Subscription to One-off): Clients subscribing to services may choose to transfer ownership of deliverables by paying a transfer fee. Upon payment, ownership transfers to the client.

Thrive reserves the right to use deliverables in its portfolio.

Any pre-existing intellectual property provided by the client remains the sole property of the client.

4. Payment

We accept mobile money transfer (Mpesa/Airtel Money), Credit Card, PayPal, Bank wire, or check.

  • One-off Projects: Payment is structured with an initial deposit, followed by milestone payments, and a final payment. The specific amounts and schedule will be outlined in the project agreement.
  • Subscription Products: Payment is charged monthly, in advance of the service period.

Late Payment Policy:

  • One-off Projects: A 3% monthly penalty will accrue on any outstanding balance.
  • Subscription Services: Services will be paused after 7 days of non-payment from the renewal date. The account will be terminated after 15 days of non-payment.

5. Confidentiality

Confidential information includes client-marked confidential information, client/Thrive communications, and Thrive's confidential processes, internal workflows, and assets. This confidentiality obligation lasts for 24 months. Exceptions to confidentiality include written disclosure agreements between the parties.

6. Warranties and Disclaimers

Branding by Thrive warrants that its services will be performed in a professional and workmanlike manner. However, we make no other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. We disclaim all liability for any errors or omissions in our work.

7. Limitation of Liability

Thrive's maximum liability for damages is capped at the total amount paid by the client. Consequential damages are excluded from Thrive's liability.

8. Termination

Either party may terminate the agreement with written disclosure and agreement from the other party. Upon termination, no refunds will be issued. Thrive will return or destroy client assets as directed by the client.

9. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya.

10. Changes to Terms and Conditions

Thrive reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting the revised Terms and Conditions on the Site. Your continued use of the Site or our services following the posting of any changes constitutes acceptance of those changes.

11. Contact Us

If you have any questions about these Terms and Conditions, please contact us at: legal[at]brandingbythrive[dot]com

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