These Terms of Service apply to website, digital visibility, content, SEO foundation, analytics-support and related services supplied by Smart Business Visibility. A specific written quotation, scope or proposal accepted for a project forms part of the agreement and may contain additional project-specific terms.
1. About Smart Business Visibility
Smart Business Visibility is operated by Arif Bukera in Nairobi, Kenya and provides website and digital visibility services to businesses, professionals and entrepreneurs.
2. Quotations and scope
Before paid project work begins, the parties should confirm in writing the services, pages or sections, deliverables, price, payment schedule and material exclusions. Any work not included in the confirmed scope may be quoted separately.
3. Deposit and commencement
Unless a written quotation states otherwise, standard projects require a 50% deposit before work begins. The deposit reserves project time and is applied toward the agreed work. Work is considered started once the project has been accepted, the required deposit has been received, and work has materially commenced.
4. Final payment
Unless otherwise agreed in writing, the remaining balance is due before the final website is launched, transferred, handed over, or final production files and credentials are released. Third-party costs may need to be paid earlier where required by the relevant provider.
5. Revisions
The standard website package includes one reasonable revision round unless the written quotation states otherwise. A revision round means a consolidated set of changes to work already delivered within the agreed scope. New pages, new functionality, repeated redesigns, changed business requirements or additional revision rounds may be quoted separately.
6. Client responsibilities
The client is responsible for providing accurate business information, appropriate contact details, logos, photographs, product or service information, approvals and access reasonably required to complete the project. Delays in receiving required information, access or approval may extend the delivery schedule.
7. Content rights and permissions
The client confirms that it owns, licenses or has permission to use content, photographs, logos, testimonials, trademarks and other materials supplied for the project. The client is responsible for the legality and accuracy of its business claims, offers, pricing and supplied content.
8. Delivery estimates
Any stated delivery period is an estimate unless a specific deadline is expressly agreed in writing. Standard small projects may be completed quickly once all required content and access are provided, but timelines can change due to project complexity, client delays, third-party services, technical problems or scope changes.
9. Domains, hosting, email and third-party services
Domain registration, hosting, business email, premium plugins, paid software, advertising spend and other third-party services are separate from the website build fee unless expressly included in writing. Renewal fees and provider price changes are the responsibility of the account owner.
Where practical, domains, hosting and key business accounts should be registered in or transferred to the client’s own name or account. Ownership and access arrangements should be confirmed before handover.
10. Third-party platforms
Smart Business Visibility may work with WordPress, Hostinger, Google, Meta, WhatsApp, payment providers and other external services. Their availability, policies, pricing, algorithms and technical behaviour are outside our control. We are not responsible for an outage, suspension, policy change or platform decision caused by an independent third party, although reasonable assistance may be offered where within the agreed scope.
11. SEO, traffic, rankings and commercial results
SEO, analytics, content and conversion work can improve technical foundations and visibility opportunities, but Smart Business Visibility does not guarantee search-engine rankings, traffic, leads, enquiries, sales, advertising performance or revenue. Results depend on many factors outside our control, including competition, market demand, platform algorithms, budget, reputation and the client’s own operations.
12. Website security and backups
Reasonable care is taken when building or modifying websites, but no website or online service can be guaranteed to be completely secure or continuously available. Ongoing maintenance, security monitoring, backups and updates are included only where expressly stated in the agreed package or support arrangement.
13. Acceptance and launch
The client should review the supplied preview or staging version and report material issues within the review period stated in the quotation or project communication. Approval to launch, use of the finished work, or failure to report material issues after a reasonable review opportunity may be treated as acceptance of the delivered work, subject to applicable law.
14. Cancellation, refunds and work already performed
Cancellation and refund treatment depends on the project stage, work already completed, third-party costs already incurred and any mandatory rights that apply under law. The deposit is applied to reserved time and work performed and is not automatically refundable once work has materially begun, except where a refund is required by applicable law or agreed in writing. Please see the Refund & Cancellation Policy.
15. Intellectual property and handover
After full payment, the client receives the rights to the final client-specific website content and deliverables that the quotation states are being transferred, excluding third-party software, licensed assets, open-source components, reusable tools, frameworks, know-how and pre-existing materials. Third-party items remain subject to their own licences.
16. Portfolio use
Smart Business Visibility may request permission to identify a completed project in its portfolio using the business name, public website link and screenshots of publicly available pages. Confidential information will not be published. If a client does not want a project displayed, that preference should be communicated in writing.
17. Confidentiality
Non-public client information received for a project will be treated with reasonable confidentiality and used for the agreed work, subject to disclosure required by law or reasonably necessary to trusted service providers involved in delivering the project.
18. Limitation of liability
To the extent permitted by applicable law, Smart Business Visibility is not liable for indirect, incidental or consequential losses arising from third-party outages, algorithm changes, lost rankings, lost profits, unauthorised client-side changes, expired third-party services, or materials and instructions supplied by the client. Nothing in these terms excludes or limits liability or consumer rights that cannot lawfully be excluded.
19. Changes to scope
If the client changes requirements after work has started, Smart Business Visibility may revise the price, timeline or deliverables. Material scope changes should be confirmed in writing before additional work proceeds.
20. Communication and approvals
WhatsApp, email and other electronic communications may be used for quotations, approvals, revisions and project instructions. Clients should review important scope, price and handover information carefully and request clarification before approving work.
21. Governing law and disputes
These terms are intended to operate under the laws of Kenya, subject to any mandatory rights or jurisdictional rules that apply to a particular client. The parties should first try to resolve a dispute through good-faith written communication before pursuing other available remedies.
22. Statutory rights
Nothing in these Terms of Service is intended to remove, restrict or waive a right that cannot lawfully be excluded under applicable consumer, contract, data-protection or other law.
23. Contact
Smart Business Visibility
Arif Bukera — Founder & Project Lead
Nairobi, Kenya
Email: info@smartbusinessvisibility.co.ke
Phone / WhatsApp: +254 724 304 711
Website: smartbusinessvisibility.co.ke