Terms of Service

1. Agreement to Terms

By accessing or using the website and services of Pulse Digital Agency ("Company", "we", "us"), a digital marketing agency based in Nairobi, Kenya, you agree to be bound by these Terms of Service. If you do not agree, please do not use our website or services. These terms are governed by the laws of the Republic of Kenya.

2. Services

Pulse Digital Agency provides digital marketing services including but not limited to:

• Search Engine Optimisation (SEO)
• Social media management and marketing (Instagram, TikTok, Facebook, LinkedIn)
• Google Ads and paid advertising campaigns
• Web design and development
• Branding, graphic design, and motion graphics
• LED screen advertising
• AI advertising and AI integration
• Email marketing and lead generation
• Content creation and animation

The specific scope, deliverables, and timelines for each engagement will be outlined in a separate service agreement or proposal.

3. Client Obligations

As a client, you agree to:

• Provide accurate and complete information necessary for the delivery of services.
• Grant necessary access to platforms, accounts, and assets as required.
• Review and approve deliverables within agreed timelines.
• Make payments according to the agreed schedule.
• Ensure that all materials provided to us do not infringe on any third-party intellectual property rights.

4. Payment Terms

All fees are quoted in Kenya Shillings (KES) unless otherwise stated. Payment terms are as follows:

• A non-negotiable upfront deposit of 50% of the total project price is required before any work commences.
• The remaining 50% balance is due upon project completion or as outlined in the service agreement.
• Monthly retainer services are billed at the beginning of each month and due within 7 days.
• Late payments may incur a fee of 2% per month on the outstanding balance.
• We accept payments via M-Pesa, bank transfer, and other methods as agreed.

5. Intellectual Property

Upon full payment, clients receive ownership of final deliverables specifically created for them. Pulse Digital Agency retains the right to use completed work in our portfolio and marketing materials, retain ownership of proprietary tools and methodologies, and use third-party stock assets under their respective licences.

6. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This obligation survives termination of the agreement for a period of 2 years.

7. Limitation of Liability

To the maximum extent permitted by Kenyan law, Pulse Digital Agency shall not be liable for indirect, incidental, or consequential damages arising from our services. Our total liability shall not exceed the fees paid by the client for the specific service in question.

8. Termination

Either party may terminate an engagement with 30 days' written notice. Upon termination, the client shall pay for all work completed up to the termination date, and we will transfer all completed deliverables and relevant access credentials.

9. Dispute Resolution

Any disputes arising from these terms shall first be resolved through good-faith negotiation. If unresolved, disputes shall be referred to mediation under the Nairobi Centre for International Arbitration (NCIA) rules. Failing mediation, disputes shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

10. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Republic of Kenya, including the Consumer Protection Act, 2012, and the Kenya Information and Communications Act, 1998.

11. Changes to Terms

We reserve the right to update these terms at any time. Changes will be posted on this page with an updated revision date.

12. Contact Us

For questions about these Terms of Service, please contact us: