Legal

Terms & Conditions

Welcome to Gachoki Studios. Your engagement with us is governed by the following terms and conditions. By choosing to work with Gachoki Studios, you acknowledge that you have read, comprehended, and agreed to abide by these terms and conditions.

Last updated: 27 June 2026

Welcome to Gachoki Studios' website, accessible at https://gachoki.com. We value your trust and are committed to protecting your privacy. This Privacy Policy is designed to help you understand how we collect, use, and safeguard your personal information when you use our website and services.

By accessing or using our website, you consent to the terms outlined in this Privacy Policy. If you do not agree with these terms, please do not use our website.

Information We Collect

Personal Information: To enhance your experience on our website and provide our services, we may collect certain personally identifiable information, which may include but is not limited to your name, phone number, postal address, and location. We use this information to improve our services and may contact you if necessary.
Log Data: When you visit our website, we automatically collect Log Data, which includes technical information such as your computer's Internet Protocol ("IP") address, browser version, the pages you visit, the time and date of your visit, and the time spent on those pages.
Cookies: Our website uses cookies, which are small files stored on your computer's hard drive. Cookies are used to collect information and enhance your browsing experience. You can choose to accept or decline cookies through your browser settings.

Legal Basis for Processing

In accordance with Kenya's Data Protection Act 2019, we process your Personal Data on the following lawful bases: (a) Contractual Necessity — processing required to deliver services you have engaged us for; (b) Legitimate Interest — processing of log data and website analytics to maintain and improve our services; (c) Consent — processing for cookies and marketing communications, which you may withdraw at any time by contacting us at info@gachoki.com.

Your Rights

Under the Data Protection Act 2019, you have the following rights in relation to your Personal Data:

Right of Access: You may request a copy of the Personal Data we hold about you.
Right to Rectification: You may request that we correct any inaccurate or incomplete Personal Data.
Right to Erasure: You may request that we delete your Personal Data where there is no compelling reason for its continued processing.
Right to Object: You may object to processing of your Personal Data where we rely on legitimate interest as our lawful basis.
Right to Data Portability: You may request that we provide your Personal Data in a structured, commonly used, and machine-readable format.

To exercise any of these rights, please contact us at info@gachoki.com with the subject line "Data Rights Request." We will respond within 30 days of receiving your request.

Third-Party Services

At times, we may engage third-party companies and individuals for various purposes, including facilitating our services, providing services on our behalf, performing service-related tasks, or assisting us in analysing how our website is used. These third parties may have access to your Personal Information, but they are obligated not to disclose or use it for any other purposes.

Some of our third-party service providers may be located outside Kenya. Where Personal Data is transferred internationally, we ensure appropriate safeguards are in place, such as contractual clauses requiring the recipient to protect your data to Kenyan standards.

Cookie Policy

Our website uses the following categories of cookies:

Strictly Necessary: Required for the website to function. These cannot be disabled.
Analytics: Used to understand how visitors interact with our website. These are only placed with your consent.
Marketing: Used to deliver relevant content and promotions. These are only placed with your consent.

You may manage your cookie preferences at any time through the cookie consent tool on our website or through your browser settings.

Data Breach Notification

In the event of a data breach affecting your Personal Data, we will notify you and the relevant authority within 72 hours of becoming aware, where required by applicable law, and will take prompt steps to contain and remediate the breach.

Security

We are committed to using commercially acceptable means to protect your Personal Information. However, please be aware that no method of data transmission over the internet or electronic storage is entirely secure.

Links to Other Sites

Our website may contain links to third-party websites. Please be aware that these external sites are not operated by us, and we have no control over their content, privacy policies, or practices.

Children's Data

Our website and services are not directed at children under the age of 18. We do not knowingly collect Personal Data from minors. If you believe a minor has provided us with their data, please contact us at info@gachoki.com and we will delete it promptly.

Managing Your Personal Data

If you wish to have your Personal Data deleted, please send an email to info@gachoki.com from the email address associated with your account, clearly stating your request for data deletion including your full name.

Data Protection and Retention

We employ reasonable technical and organizational measures to protect your Personal Data against unauthorized access, disclosure, alteration, or destruction. We retain your Personal Data only for as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by applicable laws. Approximate retention periods are as follows:

Client project records — 7 years (for tax and legal compliance purposes)
Contact form enquiries — 2 years
Log data — 12 months
Cookie data — as per the lifespan disclosed in our cookie settings

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the revised Privacy Policy on this page, effective immediately upon posting.

Contact Us

If you have any questions or suggestions regarding our Privacy Policy, please contact us at info@gachoki.com. For data protection matters specifically, please use the subject line "Data Protection Enquiry."

Gachoki Studios (referred to herein as 'Gachoki Studios', 'Agency', 'we', 'us', 'our') is a business established, registered, and operates along Standard Street, Nairobi, Kenya.

The terms and conditions set out below govern any Contract that we enter into with you, the client, in respect of our Animation Services, Visual Effects Services, and Still Render Services.

By engaging Gachoki Studios, you confirm that you are at least 18 years of age and have the legal capacity to enter into a binding contract. If you are engaging on behalf of a company or organisation, you confirm that you have the authority to bind that entity to these terms.

If you have any questions about these Terms and Conditions, please contact Gachoki Studios at info@gachoki.com.

1. Definitions and Interpretation

Key terms used in this agreement include: Acceptance Period (3 Business Days from actual delivery); Animation Services (creating animated video including storyboarding, scriptwriting, voiceover, 2D/3D animation); Visual Effects Services (creating or manipulating imagery outside live-action context); Deliverables (all products or services produced by the Agency); Intellectual Property Rights (patents, copyrights, trademarks, and all related rights); Business Day (any weekday excluding Saturday, Sunday, or public holidays in Kenya); Business Hours (8:00 am – 5:00 pm Kenyan time).

2. Engagement

The Contract commences when you: (a) accept our quotation, (b) accept our proposal, or (c) pay a deposit for your project. Work does not commence until the deposit payment has been received and cleared in full. Acceptance of a quotation or proposal without payment of the deposit does not obligate Gachoki Studios to begin work.

3. Client Instruction

Submit requests by email to info@gachoki.com or via our website. Your instruction must contain a clear description of your requirements. Our Proposal remains valid for 30 Business Days from issue. These Terms apply to the exclusion of any other terms you may seek to impose.

4. Client's Obligations

The client must provide all documents, information, and data necessary for the Agency to deliver the agreed Services. The client shall name an appropriately qualified contact person capable of providing relevant information and making necessary decisions. If the client's actions or omissions delay or prevent performance, the Agency may suspend services and the client shall reimburse any resulting costs. Where client delays in providing required information, assets, approvals, or feedback, all project deadlines shall be extended by a period equal to the duration of the delay, plus a resumption period of no less than 5 Business Days. The client warrants that all business information provided — including company name, logo, contact details, and branding — is accurate and current. Gachoki Studios accepts no liability for errors in Deliverables arising from incorrect or outdated information supplied by the client, and any corrections required as a result will be charged at the standard rate.

4a. Single Point of Contact

The client shall designate a single named representative with full authority to provide instructions, approve work, and make binding decisions on behalf of the client. Gachoki Studios is not obligated to act on conflicting instructions from multiple contacts. Where the client fails to designate such a representative, Gachoki Studios will treat communications from the primary email address used at engagement as the authoritative source.

4b. Communication Boundaries

Gachoki Studios will respond to client communications during Business Hours (8:00 am – 5:00 pm, Monday to Friday, Kenyan time) within 2 Business Days. The client agrees not to demand same-day turnarounds outside agreed project milestones. Urgent requests outside Business Hours are subject to an additional out-of-hours fee, to be quoted at the time of the request.

4c. No Speculative Work

Gachoki Studios does not produce concept work, sample animations, test renders, or any deliverable free of charge prior to contract signing and payment of a deposit. All creative output, including initial concepts, is subject to a signed agreement and upfront payment.

4d. Creative Authority

Gachoki Studios exercises professional creative and technical judgment in delivering the agreed Services. While client feedback is welcomed within the agreed revision structure, the client acknowledges that Gachoki Studios is the engaged professional and that unsolicited direction from third parties — including but not limited to the client's employees, relatives, or associates not named as the designated representative — will not be acted upon without written confirmation from the client's designated contact.

4e. Referrals and Discounts

Quoted fees are based on the scope of work and are not subject to reduction in exchange for promises of future referrals, testimonials, social media exposure, or similar non-monetary consideration. Any agreed discount must be documented in writing in the project quotation. Verbal promises of referrals or future business do not constitute consideration and carry no legal weight under this Agreement.

5. Service Delivery

Gachoki Studios shall deliver Services in accordance with the Creative Brief. A project shall be considered abandoned after 60 consecutive days without client communication — deposits in such cases are forfeited without option for reclamation. Delivery dates are estimates only; time is not of the essence.

6. Changes to Work in Progress

Gachoki Studios reserves sole discretion to accept or reject amendment requests. Accepted amendments will be issued with a new quotation and invoice, payable upfront before work commences. Rejection of an amendment request does not relieve the client of payment obligations for work already completed.

7. Approval of Final Works

All pre-final samples sent to the client are for approval purposes only and remain the property of Gachoki Studios. If the client does not respond within 48 hours of receiving a sample, it will be assumed approved. The client shall not reproduce, distribute, edit, or use samples without documented consent from Gachoki Studios.

8. Revision Rounds

The quoted price includes one (1) round of revisions per deliverable. A round of revisions is defined as a consolidated set of feedback submitted in a single communication. Additional rounds beyond this allowance will be quoted and invoiced separately before work on those revisions commences.

Gachoki Studios reserves the right to accept, partially accept, or decline any revision request at its sole discretion. Where a revision request falls outside the original agreed scope, introduces new creative direction, or is deemed technically impractical, Gachoki Studios may decline to implement it in whole or in part, or may offer to accommodate it as a separately quoted amendment under Section 6.

9. Portfolio

You consent that the Agency may display and exhibit Deliverables in Marketing Materials and on our website for promotional purposes. If you do not wish us to publish client details, notify us in writing in advance within the Instructions.

10. Termination

Either party may terminate the Contract with one month's written notice. The client's right to terminate is subject to payment in full of all outstanding charges. Upon cancellation, ownership of all copyrights and original artwork is retained by Gachoki Studios unless the client requests the work as-is. A 100% cancellation fee is due once the project is finished, whether delivered or not.

11. Changes in Deadlines and Scope

Changes in scope require written agreement with adjusted deadlines and compensation.

11a. Force Majeure

A Force Majeure Event means any event outside a party's reasonable control, including but not limited to acts of God, war, civil unrest, strikes, natural disasters, internet or power failures, or government action. Where a Force Majeure Event prevents or delays performance, the affected party's obligations are suspended for the duration of that event. The affected party must notify the other in writing as soon as reasonably practicable, stating the nature of the event and its expected duration. If the Force Majeure Event continues for more than 30 days, either party may terminate the Contract by written notice without liability, save that the client remains liable for payment for all work completed prior to the event.

12. Charges and Payment

The client shall reimburse all expenses arising from the assignment. At least 50% of any fixed price must be paid as an advance. Payment is due within 10 days of invoice. After 14 days of default, Gachoki Studios may cease all services and take down any website without notice. Full licensing rights are conditional on receipt of full payment.

13. Estimates

Fees and expenses shown are minimum estimates only unless marked as a Firm Quote. Final fees and expenses shall be shown when the invoice is rendered.

14. Invoices

All invoices are payable within 30 days of receipt unless there is a documented payment agreement. Overdue balances accrue a service charge of 5% per month (or the maximum permitted by Kenyan law, whichever is lower), calculated from the due date until the date of full payment.

15. Acceptance and Warranty

Designs shall be submitted for acceptance immediately after availability. If the client fails to perform acceptance procedures without a valid reason, the designs shall be considered accepted 1 week after submission, or as soon as used or passed on by the client. Defects reported within a 1-month warranty period shall be cleared by Gachoki Studios at no cost to the client.

16. Liability

To the extent permitted by law, Gachoki Studios shall not be liable for direct or indirect damage, loss of information, operating interrupts, or consequential damages. The client shall indemnify Gachoki Studios against all claims and expenses arising from unauthorized use of the Deliverables.

17. Client-Supplied Content

The client warrants that all content, materials, scripts, audio, music, footage, and other assets supplied to Gachoki Studios are owned by the client or properly licensed for use in the Deliverables. The client shall indemnify and hold harmless Gachoki Studios against any third-party claims, damages, or expenses arising from client-supplied materials.

18. Voiceover and Music Licensing

Unless expressly included in the project brief and quotation, the client is solely responsible for obtaining all necessary licenses for music, sound recordings, and voiceover talent used in Deliverables, including synchronisation rights, performance rights, and talent releases. Gachoki Studios accepts no liability for any unlicensed use of third-party audio or talent.

18a. Third-Party Platform Dependency

Where Deliverables are hosted on, distributed through, or dependent upon third-party platforms (including but not limited to YouTube, Vimeo, or cloud rendering services), Gachoki Studios accepts no liability for changes to, interruption of, or discontinuation of those platforms. The client is solely responsible for maintaining any accounts, licenses, or subscriptions required to access or distribute Deliverables through such platforms.

19. Intellectual Property Rights and Use

It is always the client's responsibility to ensure that Deliverables do not infringe the Intellectual Property Rights of any third party. Upon full payment, ownership of Deliverables transfers to the client. The client agrees not to publicly present, crop, alter, rebrand, or misrepresent Deliverables in a manner that removes or obscures Gachoki Studios' contribution, or that could bring Gachoki Studios into disrepute. Any public presentation of Deliverables in a modified form requires prior written consent from Gachoki Studios.

Where AI-assisted tools are used in the production of Deliverables, Gachoki Studios will disclose this upon request. The client acknowledges that the IP ownership of AI-generated elements may be subject to evolving legal frameworks, and Gachoki Studios makes no warranty as to the copyright status of such elements.

20. Dispute Resolution

All disputes shall first be settled through amicable effort. Disputes above the small-claims court limit shall be submitted to binding arbitration under Kenyan Law. The costs of arbitration, including arbitrator fees and reasonable legal costs, shall be borne by the losing party unless the arbitrator determines otherwise. Each party shall bear its own costs where the outcome is mixed.

21. Term of Contract

Either party may terminate a contract for ongoing services with 1 month's written notice by registered mail. Premature termination for good cause requires written notice by registered mail.

21a. Non-Disparagement

Both parties agree not to make false, misleading, or damaging public statements about the other party arising from or relating to this Agreement, including on social media, review platforms, or in any public forum. This clause survives termination of the Agreement.

22. Concluding Clauses

All alterations to the Contract must be made in writing. These Terms and Conditions, together with any agreed quotation or proposal, constitute the entire agreement between the parties and supersede all previous arrangements, understandings, or representations. These Terms are governed by the laws of the Republic of Kenya, with the courts of Kenya having exclusive jurisdiction over any disputes. These Terms are written in English, which shall be the governing language in the event of any dispute or ambiguity. If any provision is found invalid, the remaining provisions shall continue in effect. Gachoki Studios may transfer the Contract to third parties; the client may not without prior written consent.

23. Changes to Terms and Conditions

We may update these Terms and Conditions from time to time. Changes are effective immediately after being posted on this page.

Please read these web design and development Terms carefully, as they set out our and your legal rights and obligations in relation to our web design and development services. If you have any questions, contact Gachoki Studios at info@gachoki.com.

1. Definitions and Interpretation

Key terms include: Acceptance Period (2 Business Days from delivery); Business Day (any weekday excluding Saturday, Sunday, or public holidays in Kenya); Business Hours (08:00–17:00 Kenyan time); Defect (error with material adverse effect on appearance, operation, or functionality); Design Elements (visual appearance including layouts, artwork, logos, graphics, animations); Force Majeure Event (events outside reasonable control including internet failures, power failures, riots, wars); Intellectual Property Rights (all IP rights worldwide, registered or unregistered); Website (the website or web application developed by Gachoki Studios for the Customer).

2. Term

This Agreement comes into force on the Effective Date and continues until acceptance of the Website by the Customer, unless terminated earlier. Time is not of the essence in respect of any delivery date or milestone, and any dates provided are estimates only.

3. The Services

Gachoki Studios will design and deliver the website, incorporate Customer Works, keep the Customer informed of progress, and provide reasonable access to the website during the Term. Only one round of revision is included in the quoted price; further revisions will incur additional costs.

A project shall be considered abandoned after 5 consecutive days without client communication — deposits in abandoned projects are forfeited. Website maintenance starts on the date the website is transferred to your hosting domain server and is valid for 12 months. Maintenance and support are subject to full payment; default in payment will result in withdrawal of these services without notice. In a website redesign project, the old website will be deleted and will not be recoverable. Client accepts Gachoki Studios will use WordPress CMS to build their website, unless agreed otherwise.

4. Customer Obligations

The Customer must provide all co-operation, information, documents, and feedback required by Gachoki Studios. The Customer is responsible for providing graphics and pictures for the website. Failure to provide required information may result in project termination, with the deposit forfeited. In the event the Customer takes over the website's Super Administrator account, the Customer accepts responsibility for purchasing all API keys, plugin licenses, and theme licenses. The Customer warrants that all business information provided — including company name, logo, contact details, and branding — is accurate and current. Gachoki Studios accepts no liability for errors in the Website arising from incorrect or outdated information supplied by the Customer, and any corrections required as a result will be charged at the standard rate.

4a. Single Point of Contact

The Customer shall designate a single named representative with full authority to provide instructions, approve work, and make binding decisions. Gachoki Studios is not obligated to reconcile or act on conflicting feedback from multiple contacts. Where no representative is designated, communications from the primary email address used at engagement shall be treated as authoritative.

4b. Communication Boundaries

Gachoki Studios will respond to client communications during Business Hours (08:00–17:00, Monday to Friday, Kenyan time) within 2 Business Days. Requests for same-day responses or after-hours communications will be subject to an out-of-hours fee. The client agrees that sustained, excessive contact beyond the scope of normal project communication is not included in the Fees and may be addressed by Gachoki Studios at its discretion.

4c. No Speculative Work

Gachoki Studios does not produce website mockups, design samples, or any development work free of charge prior to contract signing and payment of a deposit. All pre-contract concepts presented are the exclusive property of Gachoki Studios and may not be used, reproduced, or shared without written consent.

4d. Creative and Technical Authority

Gachoki Studios exercises professional creative and technical judgment in all aspects of website design and development. The client acknowledges Gachoki Studios as the engaged professional and agrees not to introduce unsolicited direction from third parties not named as the designated representative. Where the client or a third party introduces technical changes, plugins, or code outside of the agreed scope, Gachoki Studios accepts no liability for resulting issues and may charge for remediation at its standard rate.

4e. Referrals and Discounts

Quoted fees reflect the agreed scope and are not subject to reduction in exchange for promises of referrals, exposure, or future business. Any discount must be documented in the written quotation. Verbal promises of referrals carry no contractual weight under this Agreement.

5. Delivery and Acceptance

Gachoki Studios will deliver the Website for acceptance testing. The Customer shall determine whether the website conforms to the agreed specification and is free of Defects during the Acceptance Period. The website is deemed accepted if no notice is given during the Acceptance Period, or if the Customer publishes or uses the website for purposes other than testing.

To enable smooth website maintenance, Gachoki Studios will be the only administrator account. If the Customer assumes administrator privileges, Gachoki Studios' administrator account will be deleted and the Customer becomes solely responsible for maintenance. Preview links expire after 48 hours and are limited to 2 occasions; additional previews are available at a fee.

6. Third-Party Works

License fees for Third-Party Works and plugins are included in the Fees unless the client takes over development. Upon taking over admin and development privileges, the client agrees to purchase license keys to continue using premium third-party features. Gachoki Studios does not warrant the ongoing compatibility, performance, or availability of third-party plugins, themes, or APIs after the handover date. The client accepts responsibility for maintaining third-party license subscriptions and applying updates.

7. Unlawful Content

The Customer will ensure that Customer Works do not infringe any applicable laws, regulations, or third-party rights. The Customer will indemnify Gachoki Studios against all damages, losses, and expenses arising from any such claim.

8. Fees and Payment

A deposit fee is required before work commences. The balance is paid in full when the website is complete and before transfer to the client's domain. Where time of payment is not predetermined, payment is due within 21 days of invoice. VAT is applicable on all Fees. Payment via Mpesa Till Number, Cash, or bank transfer. Cheques are acceptable but handover occurs only after the cheque clears.

If the Customer does not pay, Gachoki Studios may charge interest at 4% per year above the base rate, and take down the website until full payment is settled. Outstanding balances must be cleared within 30 days of project completion; failure may result in deletion of the website project and associated files, with the deposit forfeited.

9. Intellectual Property Rights

From the date of acceptance, Gachoki Studios assigns to the Customer all Intellectual Property Rights in the Design Elements. The client agrees not to publicly present, alter, or rebrand the Website or its design elements in a manner that removes or obscures Gachoki Studios' contribution, or that could bring Gachoki Studios into disrepute. Any public presentation of the Website design in a materially modified form requires prior written consent from Gachoki Studios.

9a. AI-Assisted Tools

Where AI-assisted tools are used in the design or development of the Website (including but not limited to AI image generation, AI copywriting, or AI coding tools), Gachoki Studios will disclose this upon request. The client acknowledges that the intellectual property status of AI-generated elements may be subject to evolving legal frameworks, and Gachoki Studios makes no warranty as to the copyright status of such elements. The client accepts sole responsibility for any legal risk arising from the use of AI-generated content within their website.

10. Warranties

Gachoki Studios warrants that it will perform its obligations with reasonable care and skill; that use of the website will not infringe third-party IP rights; and that the website will operate without Defects for 12 months from acceptance. The Customer acknowledges that Gachoki Studios does not provide legal advice in relation to the website. Gachoki Studios makes no representations or warranties regarding search engine rankings, organic traffic, page speed scores, or any other performance outcome of the website. These are subject to factors outside Gachoki Studios' control, including search engine algorithm changes and hosting environment.

11. Liability

Neither party is liable for loss of profits, data corruption, reputational damage, or indirect/consequential loss. Neither party is liable for losses arising from Force Majeure Events. Each party's total liability under this Agreement shall not exceed the total Fees paid by the Customer to Gachoki Studios in the three months immediately preceding the event giving rise to the claim, or Ksh 10,000, whichever is greater. The client is solely responsible for understanding and complying with all licenses, taxes, and legal obligations associated with the website.

12. Hosting and Security Post-Handover

Following transfer of the website to the client's domain, the client is solely responsible for hosting uptime, SSL certificate renewal, server security, and all associated hosting costs. Gachoki Studios accepts no liability for website downtime, data loss, or security incidents arising from the client's hosting environment.

Once the website has been transferred and accepted, the client assumes full responsibility for ongoing security, including applying plugin and theme updates, managing user access, and protecting against unauthorized access. Gachoki Studios is not liable for security vulnerabilities, hacking, or malware introduced after the handover date.

13. Domain Ownership

Where Gachoki Studios registers a domain name on the client's behalf, the domain shall be registered in the client's name where possible, or transferred to the client's registrar account upon full payment. In the event of termination, the domain shall be transferred to the client within 14 days, subject to clearance of all outstanding fees.

14. Data Protection

The Customer warrants it has the legal right to disclose all Personal Data to Gachoki Studios. Gachoki Studios will act only on Customer instructions regarding Personal Data processing and has appropriate security measures in place against unauthorized processing or loss of Personal Data. The client is solely responsible for ensuring their website complies with all applicable data protection and privacy laws in the jurisdictions where their website operates, including but not limited to the EU General Data Protection Regulation (GDPR) and the UK Data Protection Act. Gachoki Studios does not provide legal compliance advice.

15. Confidentiality and Publicity

Each party will keep the other's Confidential Information confidential and protect it using reasonable security measures. Neither party will make public disclosures relating to the subject matter of this Agreement without the other's prior written consent.

16. Termination

Either party may terminate with at least 30 days written notice. Either party may terminate immediately if the other commits a material breach that is not remedied within 7 days of written notice, or in the event of insolvency or dissolution.

17. Effects of Termination

Refunds upon termination are as follows: termination during Stage 1 (sitemap and layout) — 50% refund; termination during Stage 2 (website development) — 5% refund; termination during Stage 3 (migration to client's server) — no refund, client reimburses all development expenses. A Ksh 2,000 service fee applies where domain and hosting have been acquired on the client's behalf prior to termination.

18. Amendments During the Project

Gachoki Studios reserves sole discretion to accept or reject amendment requests. Free amendments include only minor design changes and are limited to 5 per round, available exclusively during the design and development stage. Any amendments required after the website is live on the client's domain are subject to a fee. A complete website redesign incurs additional charges.

18a. Non-Disparagement

19. General

All notices must be in writing. This Agreement constitutes the entire agreement between the parties and supersedes all previous arrangements. This Agreement is governed by the laws of the Republic of Kenya, with the courts of Kenya having exclusive jurisdiction over any disputes. These Terms are written in English, which shall be the governing language in the event of any dispute or ambiguity. Gachoki Studios may assign this Agreement or subcontract any obligations to a qualified third party. The client may not assign or transfer any rights or obligations under this Agreement without Gachoki Studios' prior written consent.

20. Changes to Terms and Conditions

We may update these Terms and Conditions from time to time. Changes are effective immediately after being posted on this page.

Please read these Website Maintenance Terms carefully. They set out our and your legal rights and obligations in relation to our web maintenance services. Contact us at info@gachoki.com for any questions.

1. Definitions

Key terms include: Maintenance Services (adding content, minor design and software changes); Minor Design Change (a change that does not alter the overall layout, structure, or visual identity of the website and requires no more than 1 hour of work); Minor Software Change (a change that does not require custom development, plugin installation, or database restructuring and requires no more than 1 hour of work — changes exceeding this threshold will be quoted as Additional Services); Technical Support Services (answering technical queries, resolving faults); Helpdesk Services (telephone/email helpdesk during Business Hours); Monthly Fees (amount payable per calendar month); Additional Fees (fees for services exceeding the Services Limit); Minimum Term (1 Year from Effective Date); Services Limit (Basic: 3 hrs/month; Advanced: 6 hrs/month); Force Majeure Event (events outside reasonable control including internet failures, power failures, hacker attacks, riots, wars).

2. Term

This Agreement comes into force on the Effective Date and continues for one year or the entire period Gachoki Studios provides website maintenance, terminating automatically unless terminated earlier. Time is not of the essence in respect of any service level or response time, and all timeframes stated are targets only.

3. Services

Gachoki Studios will make available a telephone/email helpdesk during Business Hours. Maintenance Services include adding new content (provided by the Customer), minor design changes, and minor software/database changes. Technical Support Services include answering technical queries and resolving faults in the website.

Where the Services Limit is exceeded in a calendar month, Gachoki Studios will inform the Customer and quote applicable Additional Fees before proceeding. Unused maintenance capacity in a month carries over until the end of the Minimum Term, after which it is permanently lost. Maintenance and support are subject to full payment for web design services; default in payment results in withdrawal of services without notice.

3a. Exclusions

The Maintenance Services do not include: major redesigns or new feature development; resolving issues caused by client modifications or unauthorised third-party access; failures attributable to the client's hosting provider; restoration of data lost due to client error; or compatibility issues arising from the client's failure to maintain third-party license subscriptions. Such work will be quoted separately as Additional Services.

4. Customer Responsibilities

The Customer must provide Gachoki Studios with access to make changes to the website, and all co-operation, information, and documentation reasonably required to provide the Services. The client is responsible for the security of all login credentials shared with or provided by Gachoki Studios. The client shall not share credentials with unauthorised parties and shall notify Gachoki Studios immediately if credentials are believed to be compromised.

4a. Single Point of Contact and Communication

The Customer shall designate a single named representative for all maintenance communications. Gachoki Studios will respond to support requests during Business Hours within the service levels defined in this Agreement. After-hours or emergency contact outside Business Hours is subject to an out-of-hours fee. The client agrees that maintenance requests will be submitted via email to info@gachoki.com and that verbal or informal requests (e.g. phone calls, social media messages) are not binding until confirmed in writing.

4a. Website Backups

The client is solely responsible for maintaining up-to-date backups of their website and its associated data. Gachoki Studios does not perform backups as part of the Maintenance Services unless explicitly agreed in writing. Gachoki Studios accepts no liability for any loss of data, content, or functionality arising from the absence of a current backup, regardless of the circumstances leading to such loss.

5. Intellectual Property Rights

Gachoki Studios assigns to the Customer all Intellectual Property Rights in Gachoki Studios Materials created during the maintenance term, for the whole term of such rights.

6. Fees and Payment

Monthly Fees are invoiced monthly; Additional Fees are invoiced as they arise. VAT is applicable on all Fees. Payment by bank transfer or Gachoki Studios' pay bill number. Late payments are subject to interest at 4% per year above the base rate. Gachoki Studios may vary the Monthly Fees and/or Additional Fees by giving at least 60 days' notice.

7. Warranties

Gachoki Studios warrants it has the legal right and authority to enter into this Agreement and will perform its obligations with reasonable care and skill.

8. Limitations of Liability

Gachoki Studios is not liable for loss of profits, data corruption, reputational damage, or indirect/consequential loss. Neither party is liable for Force Majeure Events. Gachoki Studios' liability per event or series of events shall not exceed the greater of: (i) Ksh 5,000, or (ii) the total amount paid by the Customer during the 3 months immediately preceding the event.

9. Data Protection

Gachoki Studios will act only on Customer instructions for processing Personal Data and has appropriate technical and organizational security measures in place.

10. Confidentiality

Both parties will keep the other's Confidential Information confidential, protected by reasonable security measures, with disclosure permitted only to employees and professional advisers who are legally bound to protect confidentiality.

11. Force Majeure Events

Where a Force Majeure Event prevents or delays performance, obligations are suspended for the duration of that event. The affected party must promptly notify the other party and estimate the duration of the failure or delay.

12. Termination

Either party may terminate with at least 30 days written notice. Immediate termination is available for material breach not remedied within 30 days, or in the event of insolvency or dissolution.

13. Effects of Termination

If terminated by the Customer due to Gachoki Studios' breach, the Customer is entitled to a refund of Fees paid for Services not yet performed. Otherwise, no refund is available upon termination.

14. Service Levels

Maintenance: New content upload — 14 business days; Design changes — 20 business days; Software changes — 20 business days.

Technical Support: Critical issues — 2 business days; Serious issues — 7 business days; Moderate issues — 14 business days; Minor issues — 20 business days.

Services Limit: Basic plan: 3 hours/month | Advanced plan: 6 hours/month.

14a. Non-Disparagement

15. General

All notices must be in writing. This Agreement constitutes the entire agreement between the parties and supersedes all previous arrangements. These Terms are written in English, which shall be the governing language in the event of any dispute or ambiguity. If any provision is found invalid, the remaining provisions shall continue in effect. Gachoki Studios may assign this Agreement or subcontract any obligations to a qualified third party. The client may not assign or transfer any rights or obligations under this Agreement without Gachoki Studios' prior written consent.

16. Changes to Terms and Conditions

We may update these Terms and Conditions from time to time. Changes are effective immediately after being posted on this page.

Please read these Website Template Terms of Use carefully. They set out your and our legal rights and obligations in relation to our web design and development services. Contact us at info@gachoki.com for any questions.

1. Definitions and Interpretation

Key terms include: Acceptance Period (5 Business Days from delivery); Effective Date (the date payment is made for a website template); Defect (error with material adverse effect on appearance, operation, or functionality); Design Elements (visual appearance including page layouts, artwork, logos, graphics, animations); Force Majeure Event (events outside reasonable control including internet failures, power failures, riots, wars); Website (the website or web application to be developed for the Customer).

2. Term

This Agreement comes into force on the Effective Date and continues until acceptance of the Website by the Customer, unless terminated earlier.

3. The Services

Gachoki Studios will design and deliver the Website, incorporate Customer Works and Third Party Works, keep the Customer informed of progress, provide reasonable access to the website during the Term, and try to provide the Customer with a business email address of choice based on the domain name used.

The Services are limited to the features and pages specified in the agreed template scope. Any additional features, pages, integrations, or functionality requested beyond the template scope will be quoted separately as a custom development project and must be paid for in full before work commences. Following handover, the client may customise the template content (text, images, colours) within the existing structure. Structural or code-level modifications made by the client or an unauthorised third party void Gachoki Studios' warranty obligations under Section 10. Gachoki Studios accepts no liability for issues arising from post-handover modifications and may charge for remediation at its standard rate.

4. Customer Obligations

The Customer must provide all co-operation, information, documents, and feedback required by Gachoki Studios. The Customer is responsible for providing graphics and pictures for the website. Failure to provide required information may result in project termination, with the deposit forfeited. In the event the Customer takes over the website's Super Administrator account, the Customer accepts responsibility for purchasing all API keys, plugin licenses, and theme licenses. Where the Customer delays in providing required information, assets, approvals, or feedback, all project deadlines shall be extended by a period equal to the duration of the delay, plus a resumption period of no less than 5 Business Days.

The Customer must provide all co-operation, information, and documents required by Gachoki Studios, and is responsible for procuring any required third-party co-operation. The Customer warrants that all business information provided — including company name, logo, contact details, and branding — is accurate and current. Gachoki Studios accepts no liability for errors in the Website arising from incorrect or outdated information supplied by the Customer, and any corrections required as a result will be charged at the standard rate.

5. Delivery and Acceptance

Following acceptance of the website, Gachoki Studios will provide a 30-day support window during which defects attributable to Gachoki Studios' work will be remedied at no additional cost. Support requests outside this window, or relating to client modifications, will be subject to Gachoki Studios' standard maintenance rates.

6. Third-Party Works

License fees for Third Party Works are included in the Fees unless the parties agree otherwise.

7. Unlawful Content

8. Fees and Payment

Fees are invoiced on the relevant invoicing dates or upon acceptance of the Website. Payment is due within 21 days of invoice. VAT is applicable. Payments via Paybill or bank transfer. Once a template has been uploaded to the client's domain, it is no longer eligible for a refund, except where Gachoki Studios is in material breach of this Agreement, in which case Section 15 (Effects of Termination) applies. Addition of features beyond the template's scope may be subject to additional development fees, settled before development commences.

If the Customer does not pay, Gachoki Studios may charge interest at 4% per year above the base rate and take down the website until full payment is settled.

9. Intellectual Property Rights

From the date of acceptance, Gachoki Studios assigns to the Customer all IP Rights in the Design Elements. IP Rights in the Software Elements remain the property of Gachoki Studios, with a non-exclusive worldwide license granted to the Customer. All assignments and licenses are subject to full payment. Gachoki Studios may include a "Designed by Gachoki Studios" credit and link on each page of the Website.

The template design sold under this Agreement is non-exclusive. Gachoki Studios reserves the right to sell the same or similar template design to other clients. If the client requires an exclusive template design, this must be agreed in writing before commencement and will be subject to an additional exclusivity fee.

10. Warranties

Gachoki Studios warrants it will perform obligations with reasonable care and skill; that the website will not infringe third-party IP rights; and that the website will operate without Defects for 12 months from acceptance. The Customer acknowledges Gachoki Studios does not provide legal advice in relation to the website.

11. Liability

Neither party is liable for loss of profits, data corruption, reputational damage, or indirect/consequential loss. Neither party is liable for Force Majeure Events. Each party's total liability under this Agreement shall not exceed the total Fees paid by the Customer to Gachoki Studios in the three months immediately preceding the event giving rise to the claim, or Ksh 10,000, whichever is greater.

12. Data Protection

The Customer warrants it has the legal right to disclose all Personal Data to Gachoki Studios. Gachoki Studios has appropriate security measures in place against unauthorized processing or loss of Personal Data.

13. Confidentiality and Publicity

Each party will keep the other's Confidential Information confidential. Neither party will make public disclosures about the subject matter of this Agreement without the other's prior written consent.

14. Termination

Either party may terminate with at least 30 days written notice. Immediate termination is available for material breach not remedied within 30 days, or in the event of insolvency or dissolution.

15. Effects of Termination

If terminated by the Customer due to Gachoki Studios' breach, the Customer is entitled to a refund of Fees paid for Services not yet performed. Otherwise, no refund is available and no obligation to pay Fees is released upon termination.

15a. Non-Disparagement

16. General

All notices must be in writing. This Agreement constitutes the entire agreement between the parties and supersedes all previous arrangements. This Agreement is governed by the laws of the Republic of Kenya, with the courts of Kenya having exclusive jurisdiction over disputes. These Terms are written in English, which shall be the governing language in the event of any dispute or ambiguity. If any provision is found invalid, the remaining provisions shall continue in effect. Gachoki Studios may assign this Agreement or subcontract any obligations to a qualified third party. The client may not assign or transfer any rights or obligations under this Agreement without Gachoki Studios' prior written consent.

17. Changes to Terms and Conditions

We may update these Terms and Conditions from time to time. Changes are effective immediately after being posted on this page.