Legal
Terms of Service
Last updated: 11 March 2025
1. Agreement to Terms
By accessing or using the AcidCat Digital Marketing website at www.acidcatmarketing.com (“Site”) or engaging our services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our Site or services.
These Terms constitute a legally binding agreement between you and AcidCat Digital Marketing (“AcidCat”, “we”, “us”, or “our”), a company operating in Kenya with offices serving East Africa.
2. Services
AcidCat provides digital marketing, web design, app development, AI automation, branding, and social media management services. The specific scope, deliverables, timelines, and payment terms for each client engagement are defined in a separate Service Agreement or Statement of Work (“SOW”) agreed upon in writing.
These Terms govern your general use of our website. The SOW governs your specific project engagement. In the event of conflict, the SOW will take precedence.
3. Use of the Website
You agree to use this Site only for lawful purposes. You must not:
- Use the Site in any way that violates applicable local, national, or international laws;
- Transmit any unsolicited or unauthorised advertising or promotional material;
- Attempt to gain unauthorised access to any part of the Site or its related systems;
- Reproduce, duplicate, copy, or sell any portion of our Site content without express written permission;
- Use automated tools (bots, scrapers) to collect data from our Site without prior consent.
4. Intellectual Property
All content on this Site — including text, graphics, logos, images, case studies, and software — is the property of AcidCat Digital Marketing and is protected by applicable copyright, trademark, and intellectual property laws.
Work product created for clients (web designs, ad creatives, copy, brand assets) remains the intellectual property of AcidCat until full payment is received. Upon receipt of final payment, ownership of deliverables transfers to the client as specified in the SOW, unless otherwise agreed.
AcidCat reserves the right to display completed client work in our portfolio and case studies unless a client explicitly requests otherwise in writing.
5. Client Responsibilities
When engaging our services, clients agree to:
- Provide accurate, complete, and timely information, materials, and approvals required for service delivery;
- Grant AcidCat access to necessary accounts (Google Ads, Meta Business Suite, website CMS, etc.) as required;
- Ensure that all content and materials provided to AcidCat do not infringe third-party intellectual property or violate any laws;
- Make timely payments as specified in the SOW.
6. Payment Terms
Payment terms are defined in your SOW. Standard terms include a deposit of 50% upon engagement, with the balance due upon project completion or monthly for retainer arrangements. Overdue invoices are subject to a late payment fee of 1.5% per month.
AcidCat reserves the right to suspend services for accounts with outstanding balances exceeding 30 days past due, without liability for project delays resulting from such suspension.
7. Limitation of Liability
To the fullest extent permitted by applicable law, AcidCat shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of our services or website.
Our total liability for any claim arising out of or relating to these Terms or our services shall not exceed the total fees paid by you to AcidCat in the three months preceding the event giving rise to the claim.
We do not guarantee specific results (e.g., rankings, revenues, leads) from our marketing services, as outcomes depend on many external factors beyond our control.
8. Warranties and Disclaimers
Our website and services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
9. Confidentiality
Both parties agree to keep confidential any proprietary information, business strategies, client data, pricing, or trade secrets they receive in connection with their relationship. This obligation survives the termination of the engagement for a period of two (2) years.
10. Termination
Either party may terminate a fixed-term engagement by providing 30 days' written notice. Retainer agreements may be terminated by either party with 30 days' written notice. Upon termination, all outstanding invoices become immediately due. AcidCat will provide all completed work and transfer access credentials within 14 days of final payment.
11. Governing Law
These Terms are governed by the laws of the Republic of Kenya. Any disputes arising out of or in connection with these Terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to the jurisdiction of the courts of Mombasa, Kenya.
12. Changes to Terms
We reserve the right to modify these Terms at any time. Changes take effect immediately upon posting to this page. Your continued use of our Site or services after changes are posted constitutes acceptance of the revised Terms. We will update the “Last updated” date accordingly.
13. Contact
For questions about these Terms, contact us: