Terms of Service

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services.

By using the Services, you represent and warrant that:

1. a)You have the legal capacity to enter into a binding agreement.
2. b)All information you provide is true, accurate, and current.
3. c)You will use the Services in compliance with applicable law.

If you use the Services on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.

RiverPen provides digital products, graphic design services, website design and development services, software products, and related digital services.

We may update, improve, modify, suspend, or discontinue any part of the Services at any time with or without notice, where reasonably necessary.

Some Services may require you to create an account.

You agree to:

1. a)Provide accurate and complete information.
2. b)Keep your login credentials confidential.
3. c)Notify us immediately of any unauthorized use of your account.
4. d)Accept responsibility for all activity carried out through your account.

We may suspend or terminate accounts that violate these Terms or create security or legal risks.

Any quote, invoice, proposal, order from, statement of work, or written agreement we provide forms part of these Terms when accepted.

Unless otherwise agreed in writing:

1. a)The scope of work is limited to what it stated in the accepted quote or order.
2. b)Changes requested after approval may require additional fees and more time.
3. c)We may pause work if we do not receive required materials, approvals, or feedback from you.

You agree to pay all fees stated in the applicable quote, invoice, checkout page, or order form.

Payment may be collected using:

1. a)M-Pesa STK Push.
2. b)M-Pesa PayBill offline/manual payments.
3. c)Bank transfer, card payment, or other methods we may support in the future.

Unless otherwise stated:

1. a)All fees are payable in Kenyan shillings (KES).
2. b)Taxes, duties, and bank or payment processing fees may apply.
3. c)Payment is due immediately for digital products and at the time stated in the invoice for custom services.
4. d)For custom work, we may require a deposit before work begins.
5. e)We may suspend delivery or access until payment is received in full.

This Refund Policy applies unless a separate written agreement says otherwise.

Digital products

1. a)Digital products are generally non-refundable once payment is completed and the product has been delivered, accessed, or downloaded.
2. b)Refunds may be considered only where required by law, where the product is materially defective, or where we fail to deliver the product after payment.

Custom design and website projects

1. a)Deposits are non-refundable once work has started.
2. b)If you cancel before work begins, we may refund the amount paid minus any non-recoverable transaction fees.
3. c)If you cancel after work has started, you are responsible for payment for all completed work, time spent, and committed costs up to the date of cancellation.
4. d)Refunds, if any, will only apply to unearned milestones that have not yet been completed.

Software and service-based work

1. a)Where a material defect is reported, we will first attempt to fix, replace, or re-perform the affected part of the Service within a reasonable time.
2. b)A refund will only be considered if we are unable to reasonably resolve the issue.

Payment reversals and chargebacks

1. a)Before initiating any payment reversal or dispute, you must contact us so we can try to resolve the issue.
2. b)If a chargeback or reversal is initiated without valid reason, we may suspend access to the Services until the matter is resolved.
3. c)Where a refund is approved, it will normally be sent through the same payment method used for the original payment, where possible.

For custom work, we may deliver the Services in stages or milestones.

Unless otherwise agreed in writing:

1. a)You must review each deliverable promptly.
2. b)If you do not provide acceptance, feedback, or rejection within 7 business days of delivery, the delivarable will be deemed accepted.
3. c)Minor revisions or major scope changes may attract extra charges.

You agree to:

1. a)Provide timely feedback, approvals, content, materials, and access required to complete the Services.
2. b)Ensure that any materials, files, text, images, branding, assets, or instructions you provide are accurate and lawful.
3. c)Obtain all necessary rights, permissions, and licenses for content you supply.
4. d)Not instruct us to use material that infringes another person's rights or violates law.

We are not responsible for delays caused by your late responses, incomplete instructions, or missing materials.

All intellectual property rights in the Services, including our website, software, processes, templates, code, know-how, tools, and pre-existing materials, remain the property of RiverPen or our licensors.

Unless we expressly agree otherwise in writing:

1. a)You receive a limited, non-exclusive, non-transferable, revocable license to use the Services as permitted under these Terms.
2. b)You do not acquire ownership of our underlying tools, templates, code libraries, systems, or methods.

Custom deliverables

1. a)For custom design, website, or software projects, ownership of final deliverables will transfer only if and to the extent that this is expressly stated in the quote, invoice, or written agreement.
2. b)Where ownership is not expressly transferred, you receive a license to use the deliverables for the intended purpose after full payment.
3. c)Third party assets, fonts, plugins, stock media, code libraries, or open source components remain subject to their own licenses and are not transferred to you unless permitted by those licenses.

Portfolio rights

1. a)Unless you request otherwise in writing before the project begins, we may display non-confidential parts of completed work in our portfolio, website, social media, proposals, and marketing materials.

If you submit, upload, transmit, or store content through the Services, you retain ownership of your content.

You grant RiverPen a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, transmit, and use your content only as necessary to provide, maintain, secure, and improve the Services, and to comply with law.

You represent and warrant that:

1. a)You have the right to provide the content to us.
2. b)The content does not infringe intellectual property rights or violate law.
3. c)The content does not contain unlawful, harmful, or malicious material.

You agree not to:

1. a)Use the Services for unlawful, fraudulent, or abusive purposes.
2. b)Attempt to gain unauthorized access to any system, account, or data.
3. c)Introduce malware, spyware, ransomware, viruses, or other harmful code.
4. d)Interfere with the operation, security, or integrity of the Services.
5. e)Copy, scrape, harvest, or extract data from the Services without permission.
6. f)Reverse engineer, decompile, or attempt to derive source code from software except where permitted by law.
7. g)Infringe the rights of RiverPen or any third party.
8. h)Misrepresent your identity or affiliation.

We may investigate suspected violations and cooperate with law enforcement or regulators where appropriate.

The Services may link to or integrate with third-party products, services, or websites.

We do not control and are not responsible for:

1. a)Third-party content.
2. b)Third-party availability.
3. c)Third-party terms.
4. d)Third-party privacy practices.
5. e)Any loss caused by third-party services.

Your use of third-party services is subject to their own terms and policies.

We aim to provide reliable Services, but we do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.

We may suspend or limit the Services for maintenance, upgrades, security, legal compliance, or other operational reasons.

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis.

We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability.

We do not warrant that the Services will meet your expectations or that defects will be corrected immediately

To the maximum extent permitted by law, RiverPen will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of business, loss of goodwill, or loss of data, arising out of or relating to the Services.

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the Services will not exceed the amount you paid to RiverPen for the specific Service giving rise to the claim in the twelve (12) months before the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot legally be excluded.

You agree to defend, indemnify, and hold harmless RiverPen, its proprietor, employees, contractors, agents, and partners from and against any claims, damages, liabilities, loss, costs, and expenses arising out of or relating to:

1. a)Your use of the Services.
2. b)Your breach of these Terms.
3. c)Your content or materials.
4. d)Your violation of any law or third-party right.
5. e)Your misuse of the Services.

We may suspend or terminate your access to the Services immediately if:

1. a)You breach these Terms.
2. b)We suspect fraudulent, harmful, or unlawful activity.
3. c)We are required to do so by law.
4. d)Your payment is overdue.
5. e)Your use creates a security, legal, or reputational risk.

You may stop using the Services at any time. Termination does not affect rights, obligations, or liabilities that arose before termination.

Each party may receive confidential information from the other in connection with the Services.

The receiving party agrees to:

1. a)Keep that information confidential.
2. b)Use it only for the purpose of performing or receiving the Services.
3. c)Not disclose it except where required by law or with prior written consent.

Confidential information does not include information that is public, already known, independently developed, or lawfully obtained from another source.

If a dispute arises, the parties agree to first try to solve it by good-faith discussion.

If the dispute is not resolved within 14 days after written notice of the dispute, either party may refer the matter to the competent courts in Nyeri, Kenya, and the laws of Kenya will apply.

Nothing in this clause prevents either party from seeking urgent interim relief where necessary.

These Terms are governed by and construed in accordance with the laws of Kenya.

We may update these Terms from time to time. The updated Terms will be posted on this page with a revised Effective Date.

By continuing to use Services after the updated Terms are posted, you agree to the revised Terms, to the extent permitted by law.

• RiverPen Technologies
• Nyeri, Kenya
• Email: legal@mail.riverpen.com
• Website: https://www.riverpen.com