Terms of Service

01

Terms of use

By accessing or using beben.design, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use this website or engage our services. These terms constitute a legally binding agreement between you and Beben Design.

Eligibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction to enter into a contract with Beben Design. By engaging our services, you represent that you have the legal capacity and authority to bind yourself or the entity you represent to these terms.

Acceptable use

You agree not to use this website to engage in any activity that is unlawful under Kenyan law, including but not limited to activities prohibited under the Computer Misuse and Cybercrimes Act, 2018. This includes unauthorised access to systems, distribution of malicious software, interference with the website's operation, or any form of cyber-harassment.

Modification of terms

Beben Design reserves the right to update these terms at any time. Material changes will be indicated by updating the version number and effective date at the top of this page. Continued use of the website or services after changes are posted constitutes acceptance of the revised terms.

03

Service agreements

All design and development services are governed by individual service agreements issued on a per-project basis. These terms apply in addition to any project-specific agreement. In the event of a conflict, the project-specific agreement prevails.

Quotation & pricing

All prices are quoted in United States Dollars (USD) unless otherwise stated. Quotations are valid for fourteen (14) days from the date of issue. Pricing is fixed at the time of agreement; no additional charges will be incurred without written client approval. In accordance with the Consumer Protection Act, 2012, all pricing is transparent, itemised, and free of hidden fees.

Payment terms

A deposit of fifty percent (50%) of the total project fee is required before work begins. The remaining balance is due upon project completion and final deliverable handoff. Late payments exceeding fourteen (14) days will incur interest at the rate prescribed under the Law of Contract Act, Cap 23. Beben Design reserves the right to suspend work on any project with an outstanding balance.

Scope changes

Changes to the agreed scope of work require written approval from both parties. Additional scope will be quoted separately and invoiced as an amendment to the original agreement. Verbal agreements on scope changes are not binding.

Cancellation & refunds

Either party may terminate a service agreement with fourteen (14) days' written notice. If the client terminates, payment is due for all work completed to date plus any non-recoverable costs incurred. The initial deposit is non-refundable once work has commenced. If Beben Design terminates, all completed deliverables to date will be transferred to the client.

05

Data protection & privacy

Beben Design processes personal data in compliance with the Data Protection Act, 2019 of Kenya, administered by the Office of the Data Protection Commissioner (ODPC). For detailed information on data handling practices, refer to our Privacy Policy.

Data we collect

• Contact information: name, email address, phone number, and company name provided through contact forms or direct communication.
• Project data: briefs, requirements, assets, and feedback exchanged during the course of a project.
• Analytics data: anonymised usage data collected through cookies and analytics tools to understand website performance and user behaviour.

Lawful basis for processing

Personal data is processed on the following lawful bases as defined in Section 30 of the Data Protection Act: consent (for marketing communications), contractual necessity (for service delivery), and legitimate interest (for website analytics and security).

Data subject rights

Under the Data Protection Act, you have the right to:

• Access: request a copy of the personal data we hold about you.
• Rectification: request correction of inaccurate or incomplete personal data.
• Erasure: request deletion of your personal data where there is no compelling reason for its continued processing.
• Objection: object to the processing of your personal data for direct marketing purposes.
• Portability: request transfer of your personal data in a structured, commonly used, machine-readable format.
• Complaint: lodge a complaint with the Office of the Data Protection Commissioner if you believe your data rights have been violated.

Data retention

Personal data is retained only for as long as necessary to fulfil the purpose for which it was collected. Contact information is retained for the duration of the client relationship plus twenty-four (24) months. Project data is retained for thirty-six (36) months after project completion. Analytics data is anonymised and retained indefinitely.

Cross-border transfers

Where personal data is transferred outside Kenya, Beben Design ensures adequate safeguards are in place as required by Section 48 of the Data Protection Act. This includes ensuring the recipient country provides adequate data protection or implementing appropriate contractual safeguards.

07

Confidentiality

Both Beben Design and the client agree to keep confidential any proprietary, technical, or business information disclosed during the course of a project. Confidential information shall not be disclosed to third parties without the prior written consent of the disclosing party.

This obligation of confidentiality survives the termination of any service agreement for a period of twenty-four (24) months. It does not apply to information that is publicly available, independently developed, or lawfully obtained from a third party without restriction.