Last updated: December 2024
1. Agreement to Terms
By purchasing our services or using our website, you (“Client”, “Customer”, or “you”) agree to be bound by these Terms and Conditions (“Terms”). These Terms apply to SMEgicTouch Marketing Limited (“SMEgicTouch”, “we”, “us”, or “our”), a company registered in Kenya.
2. Description of Services
SMEgicTouch provides digital marketing services including but not limited to:
- Digital marketing toolkits and templates
- Online marketing courses and training
- Marketing consultations via video calls
- Brand identity and design services
- Website templates and development services
- Social media management services
- SEO audits and optimization services
- Marketing automation setup services
All services are provided digitally unless otherwise specified. Service descriptions, features, and pricing are subject to change at our discretion.
3. Payment Terms
All prices are listed in USD unless otherwise specified. Payment is required before service delivery for digital products. For consultation and custom services, payment may be required upfront or according to agreed payment schedules.
We accept:
- Credit and debit cards (Visa, MasterCard, American Express)
- Bank transfers (for larger projects)
All payments are processed securely through third-party payment processors. SMEgicTouch does not store payment information.
4. Delivery and Access
Digital products (templates, toolkits, courses) are delivered instantly via email after successful payment. Course access is provided through our learning management system. Consultation bookings are confirmed via email within 24 hours of purchase.
Custom services delivery times vary and will be agreed upon before project commencement. We strive to meet all agreed deadlines but are not liable for delays caused by circumstances beyond our control.
5. Intellectual Property
All content, templates, courses, and materials provided by SMEgicTouch remain our intellectual property. Upon purchase, you receive a license to use the materials for your business purposes only. You may not:
- Resell, redistribute, or share our materials
- Claim ownership of our content
- Use materials for illegal or harmful purposes
- Reverse engineer or copy our proprietary methods
For custom work created specifically for you (logos, websites, marketing materials), ownership transfers to you upon full payment, unless otherwise agreed in writing.
6. Refund Policy
Due to the digital nature of most of our services, all sales are generally final. However, we offer refunds in the following circumstances:
- Technical issues preventing access to purchased digital products
- Services not delivered as described
- Consultation no-shows by SMEgicTouch (full refund)
Refund requests must be made within 7 days of purchase and include specific reasons. We reserve the right to approve or deny refund requests at our discretion. Approved refunds are processed within 5-10 business days.
7. Client Responsibilities
As a client, you agree to:
- Provide accurate information when placing orders
- Use purchased materials in accordance with their intended purpose
- Attend scheduled consultations or notify us at least 24 hours in advance of cancellations
- Provide necessary access and materials for custom services
- Communicate professionally and respectfully with our team
8. Limitation of Liability
SMEgicTouch provides services “as is” without warranties of any kind. While we strive for excellence, we cannot guarantee specific business results from using our services. Our liability is limited to the amount paid for services.
We are not liable for:
- Loss of profits or business opportunities
- Indirect or consequential damages
- Technical issues beyond our control
- Client’s failure to implement recommendations
9. Privacy and Data Protection
We collect and process personal data in accordance with our Privacy Policy and applicable data protection laws including Kenya’s Data Protection Act and GDPR where applicable. By using our services, you consent to our data practices as outlined in our Privacy Policy.
10. Termination
We reserve the right to terminate or refuse service to any client who:
- Violates these terms
- Engages in abusive or disrespectful behavior
- Uses our services for illegal purposes
- Attempts to chargeback legitimate transactions
11. Governing Law
These Terms are governed by the laws of Kenya. Any disputes will be resolved through arbitration in Nairobi, Kenya, unless otherwise agreed in writing.
12. Changes to Terms
We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated “Last modified” date. Continued use of our services after changes constitutes acceptance of the new terms.
13. Contact Information
For questions about these Terms, please contact us:
- Email: [email protected]
- Address: SMEgicTouch Marketing Limited, Westlands, Nairobi, Kenya
14. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.