1. Acceptance
By using pinch.africa or commissioning a project with us, you agree to these terms. Our specific engagement-letter terms (signed proposal) take precedence over anything stated here where there’s a conflict.
2. Services
Pinch Africa is a Kenyan digital agency offering strategy, design, performance marketing, web and mobile development, AI integration and creative production. Scope and deliverables for any client engagement are defined in a written proposal.
3. Quotes and proposals
Quotes are valid for 30 days from issue. Acceptance is by reply email confirming the proposal, by payment of a deposit invoice, or by signed proposal. No work begins without one of those.
4. Payment
- Retainers are invoiced on day 1 of the month, due net-7.
- Projects bill 50% on kickoff and 50% on delivery, unless the proposal says otherwise.
- Overdue invoices accrue interest at 2% per month after a 7-day grace period.
- We reserve the right to pause work or withhold deliverables until overdue invoices are settled.
- Quoted prices exclude VAT (currently 16% in Kenya), which is added on invoice where applicable.
5. Scope and revisions
Every project includes a fixed scope and a defined number of revision rounds, listed in the proposal. Out-of-scope work is quoted separately and only proceeds with your written approval. We don’t add work silently.
6. Timelines
Estimated delivery dates assume you provide brief inputs, feedback, and approvals within the agreed turnaround windows. Where client delays move the project beyond its original timeline, the new dates and any cost impact will be communicated in writing.
7. Ownership and IP
- Your content: you own everything you provide to us — copy, logos, photography, brand assets, customer data.
- Final deliverables: on full payment, you own the final approved deliverables (websites, code, designs, copy) for the agreed use case.
- Our tools and frameworks: the templates, internal frameworks, scripts, and methodologies we bring to the project remain ours. You get a perpetual licence to use them inside your delivered project.
- Third-party assets: stock photos, fonts and SaaS subscriptions retain their original licensors’ terms.
8. Confidentiality
Both parties agree to keep each other’s commercial and technical information confidential and use it only for the purpose of the engagement. This obligation survives termination.
9. Portfolio rights
We’ll showcase finished work on our website, social channels and case studies after launch unless you specifically request a non-disclosure clause in the proposal. If you’d rather keep the work private, just say so before kickoff.
10. Termination
- By either party: retainers may be terminated with 30 days written notice after the initial 3-month minimum.
- For breach: if either party materially breaches these terms and fails to fix it within 14 days of written notice, the other may terminate immediately.
- On termination: all work-in-progress is invoiced pro-rata. Final deliverables transfer on settlement of outstanding fees.
11. Limitation of liability
To the maximum extent permitted by Kenyan law, our total aggregate liability for any claim arising from a project is limited to the fees actually paid to us under that project in the 6 months preceding the claim. We are not liable for indirect, incidental or consequential losses (e.g. lost revenue, lost profits, lost data) except in cases of gross negligence or wilful misconduct.
12. Indemnities
You confirm that any content, brand assets, customer data or third-party material you provide is yours to use and doesn’t infringe third-party rights. You’ll indemnify us against claims arising from that content. We’ll do the same for material we originate.
13. Hosting, accounts, and access
Where Pinch hosts your site or manages ad/social accounts, you remain the account owner and we operate as a delegated administrator. You can revoke access at any time. We don’t hold ad-account passwords or financial credentials; access is granted via the platform’s own business manager.
14. Force majeure
Neither party is liable for delays caused by events outside their reasonable control — natural disasters, government action, internet outages, pandemics, or platform-wide service failures (e.g. Meta or Google downtime).
15. Governing law
These terms are governed by the laws of Kenya. Any dispute will be resolved first by good-faith negotiation; failing that, by the courts of Nairobi.
16. Changes
We may update these terms occasionally. Material changes will be posted on this page with an updated revision date. For active engagements, the version of these terms in force at signing applies until renewal.
Contact
Pinch Africa — Dam Estate, Langata, House 233, Nairobi, Kenya. pinch@pinch.africa / +254 706 206 160