Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of this website (hesbon.design, the "Site") and any design, development, or related services (the "Services") provided by Hesbon Tinega ("I", "me", or "my"). By accessing the Site or engaging the Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or the Services.

1. Services

I provide web design, UX/UI design, graphic design, and custom web development services. The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate written proposal, quotation, or statement of work agreed between you (the "Client") and me. Where those project documents conflict with these Terms, the project documents prevail for that engagement.

2. Quotations, Fees & Payment

• Quotations are valid for 30 days from the date issued unless stated otherwise.
• Unless agreed otherwise in writing, projects require a non-refundable deposit before work begins, with the balance due as set out in the proposal (for example on milestones or on completion).
• Invoices are payable within 14 days of the invoice date.
• Final files, source files, and any transfer of ownership are released only after full payment has been received.
• Late payments may incur a reasonable late fee and may result in work being paused until the account is settled.

3. Project Scope & Revisions

Each proposal sets out what is included, along with the number of revision rounds. Work requested beyond the agreed scope ("scope creep") — including additional pages, features, or revision rounds — will be quoted separately and may affect the timeline and cost.

4. Client Responsibilities

You agree to:

• Provide accurate, complete content, materials, and feedback in a timely manner so the project can progress to schedule.
• Ensure that any text, images, logos, or other materials you supply are either owned by you or properly licensed, and that I am permitted to use them for the project.
• Review deliverables promptly. Delays in feedback or content may extend the agreed timeline.

You are solely responsible for the legality of the content and purpose of any project you ask me to build.

5. Intellectual Property & Ownership

Upon receipt of full payment, ownership of the final deliverables created specifically for your project transfers to you, except for:

• Third-party assets, fonts, plugins, libraries, and stock media, which remain subject to their own licences.
• Pre-existing tools, frameworks, code, and components that I developed before or independently of your project, which I retain and may reuse. You receive a non-exclusive licence to use these as part of your deliverable.

Until full payment is made, all work product remains my property.

6. Portfolio & Promotion

Unless you request otherwise in writing, I reserve the right to display and link to completed work in my portfolio, case studies, and on social media for promotional purposes. I will respect any reasonable confidentiality requests.

7. Third-Party Services

Projects may rely on third-party platforms and services (for example hosting, content management systems, domain registrars, plugins, and APIs). These are governed by their own terms, and I am not responsible for their availability, performance, pricing changes, or discontinuation.

8. Warranties & Disclaimer

I take professional care to deliver work that meets the agreed specification. However, the Site and the Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, I make no warranties that the Services will be uninterrupted, error-free, or free of vulnerabilities. Any limited bug-fixing or support period will be stated in the proposal.

9. Limitation of Liability

To the fullest extent permitted by applicable law, I will not be liable for any indirect, incidental, special, or consequential damages, or for any loss of profit, revenue, data, or business, arising out of or in connection with the Site or the Services. My total aggregate liability for any claim relating to an engagement is limited to the total fees actually paid by you for that engagement.

10. Confidentiality

Both parties agree to keep confidential any non-public business information shared during an engagement and to use it only for the purpose of delivering the project.

11. Termination

Either party may terminate an engagement with written notice. If you terminate, you remain liable for all work completed up to the termination date and any non-refundable deposit. I may suspend or terminate work for non-payment or breach of these Terms.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Kenya. The parties agree to attempt to resolve any dispute amicably before commencing legal proceedings.

13. Changes to These Terms

I may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms can be sent to hello@hesbon.design.