Terms of Service

1. Services and scope

I provide engineering services — custom WordPress and WooCommerce development, AI integrations, full-stack applications, performance and security work, and related consulting. The specific deliverables, inclusions, exclusions, timeline and price are defined in the written proposal or statement of work for each engagement. This page sets the general terms; the proposal governs the specifics. If the two conflict, the proposal wins.

Anything not listed in the proposal is out of scope. New requests are welcomed, but they are handled as a change order with its own estimate and timeline rather than absorbed silently into the original budget.

2. Quotes, estimates and pricing

• Fixed-scope quotes are the default: you know the deliverable, the timeline and the price before work starts.
• Estimates are valid for 30 days from issue, unless the quote states otherwise, and assume the scope and assumptions described in it hold true.
• Hourly or retainer work is available on request and is billed against a written rate card with a minimum block and a stated expiry for unused time.
• Prices are quoted exclusive of taxes unless stated. Kenyan VAT or other applicable taxes, if chargeable, are shown separately on the invoice.
• Third-party costs — premium plugins and licences, hosting, API usage (for example model inference), domains and paid services — are billed to you at cost or paid directly by you. I will confirm any such cost in writing before incurring it.

3. Payment terms

• Deposit — 40% (or the figure in the proposal) is payable before work begins and reserves your slot in the schedule.
• Milestones — the balance is invoiced at the milestones named in the proposal, typically on staging delivery and on final handover.
• Final delivery — the final payment is due on delivery of the work for your review, before transfer of production credentials and final deployment sign-off.
• Terms — invoices are due within 14 days unless the invoice states otherwise. Invoice currency is stated on the invoice; bank or gateway fees are the payer’s responsibility.
• Late payment — overdue balances may pause work, and may attract interest at 2% per month or the maximum allowed by Kenyan law, whichever is lower.
• Ownership on payment — rights in the delivered work transfer only once all invoices for that work are paid in full.

4. Timelines and delivery

• Timelines run on business days (Monday–Friday) and assume prompt feedback, content and access from you.
• Feedback is normally expected within 3 business days per review round. Longer gaps shift the delivery date by the same amount.
• Delays caused by incomplete assets, unavailable stakeholders, late access to systems, or third-party outages are outside my control and may extend the timeline.
• Work is delivered to a staging environment for review; production deployment happens after your written approval.

5. Your responsibilities

• Provide accurate requirements, brand assets, copy, images, product data and any licences needed for content you supply.
• Grant the access required to do the work (hosting, CMS admin, repository, analytics) and revoke it at project close if you prefer.
• Nominate a single decision-maker authorised to give approvals and sign off milestones.
• Ensure you have the right to use any third-party content you send me, and that your site’s existing setup is legally compliant before work begins unless the proposal says I am handling that.
• Keep your own backups of live systems before any change window, unless the proposal includes a backup service.

6. Revisions and acceptance

• Two rounds of consolidated revisions per milestone are included unless the proposal states otherwise.
• A revision round means changes within the agreed scope. Changing direction, adding pages, redesigning approved work or adding features is new work and is quoted separately.
• Feedback should be consolidated — one list per round rather than a stream of individual messages.
• Work is deemed accepted if you do not raise specific written issues within 10 business days of delivery, or if you put the work into production.

7. Third-party platforms and services

Projects often depend on services I do not control: WordPress core and plugins, WooCommerce, payment gateways, hosting providers, email and SMS providers, and AI model APIs. I select and integrate them carefully and test the integration, but I do not warrant their uptime, pricing, policy changes, deprecations or security. Where a third party breaks something after handover, fixing it is a support task covered by a maintenance retainer or quoted separately. Client accounts for those services remain in your name and ownership wherever possible.

8. Intellectual property

• On final payment you own the bespoke code, custom designs, copy and assets created for you, along with the right to modify and maintain them.
• Pre-existing IP stays with its owner. This includes my own reusable libraries, base theme scaffolds, snippets, internal tooling, utilities and know-how, for which you receive a perpetual, non-exclusive, worldwide licence to use within the delivered work.
• Third-party and open-source components remain under their own licences (for example GPL where WordPress requires it). I will tell you which licences apply so you can comply with them.
• Nothing in an engagement transfers ownership of third-party premium licences; those must be licensed in your own name for ongoing updates.
• Until paid in full, I retain all rights in the deliverable and may withhold final files, credentials and deployment.

9. Portfolio and case-study rights

Unless you ask me in writing not to, I may display a screenshot, live link, brief description and the general results of the work in my portfolio, on this website and on professional profiles. I will not disclose confidential figures, private data, unreleased information or anything covered by an NDA without your written permission. If you would rather the work stay private, state that in the proposal and it will be respected.

10. Support, maintenance and handover

• A 30-day defect warranty from delivery covers bugs in the code I wrote — that is, the work not behaving as specified. It does not cover new features, content edits, third-party breakage or environment changes.
• Ongoing maintenance retainers cover updates, security monitoring, backups, performance checks and a monthly bucket of change requests; terms and response targets are set out in the retainer agreement.
• Handover includes deployment to your production environment, documentation of what was built, and, where relevant, a walkthrough session.
• Source code, credentials and accounts in my possession are handed over or destroyed at project close, at your preference.

11. Warranties and disclaimers

I warrant that I will perform the services with reasonable skill and care, consistent with good industry practice, and that I have the right to grant the licences described in these terms. Beyond that, and to the fullest extent permitted by law, the services are provided without further warranty of any kind — including implied warranties of merchantability, fitness for a particular purpose or non-infringement. I do not guarantee specific business outcomes such as revenue, conversion rates, search rankings or traffic, since those depend on factors outside my control. Any example result shown on this site describes a past project and is not a promise of your result.

12. Limitation of liability

To the maximum extent permitted by Kenyan law:

• Neither party is liable for indirect or consequential loss, lost profits, lost revenue, lost data, or business interruption.
• My total aggregate liability arising from an engagement is limited to the fees actually paid to me for that engagement.
• I am not liable for loss caused by your acts or omissions, by third-party services, or by your failure to maintain backups of systems I have handed over.
• Nothing here excludes liability that cannot lawfully be excluded, including for fraud or wilful misconduct.

13. Termination and cancellation

• Either party may terminate with 14 days’ written notice. You owe for work completed, work in progress and non-cancellable commitments incurred up to that date, and any deposit already paid is applied against those sums.
• I may suspend or terminate immediately for non-payment of a due invoice, for a request to do something unlawful, or for abusive conduct.
• Cancellation fees and refunds are set out in the Refund & Cancellation Policy.
• On termination I hand over completed work and the material needed to continue, in exchange for payment of outstanding amounts.

14. Confidentiality

Each side keeps the other’s non-public information confidential and uses it only for the engagement. This covers credentials, business data, unreleased plans and customer information, and survives the end of the engagement. I may disclose information where legally required, and will tell you first unless prohibited from doing so. If you need a formal mutual NDA, I am happy to sign one before discovery begins. Personal data handling is described in the Privacy Policy.

15. Governing law and disputes

These terms are governed by the laws of Kenya. Before anything formal, we agree to raise the issue in writing and try to resolve it in good faith within 30 days. If that fails, the parties submit to the exclusive jurisdiction of the courts of Kenya, sitting in Nairobi. Nothing prevents either party from seeking urgent injunctive relief where necessary.

16. Changes to these terms

I may update these terms to reflect changes in my practice or the law; the version that applies to your engagement is the one in force when your proposal was accepted, unless we agree otherwise in writing. The current version is always available at this URL with its effective date.

Questions about these terms? Email info@wilsondevops.com or message me on WhatsApp.