Terms of Service

These Terms of Service (“Terms”) govern your use of the theWambuidesign website and provide the general terms that apply when you enquire about or engage my design services.

By using this website, you agree to use it lawfully and in accordance with these Terms.

1. About the website

theWambuidesign is an independent digital product and experience design practice operated by Diana Wambui in Kenya.

The website provides information about my work, experience, capabilities and services and allows prospective clients and collaborators to contact me.

The website itself does not currently provide online purchasing, subscriptions, client accounts or payment processing.

2. Services

My services may include, depending on the project:

• Digital product design
• UX and UI design
• Product strategy
• Digital experience design
• Brand and identity work
• Marketing website design
• Design systems
• Product and experience audits
• Other related design and consulting services

Services, deliverables, timelines and fees are agreed separately with each client.

The services described on this website are intended as an overview and do not constitute an offer to provide any particular service under fixed terms.

3. Launch Audit

The Launch Audit is a planned service that may be made available by request.

Its availability, scope, deliverables, timeline and fee will be confirmed separately before any engagement begins.

Nothing on this website creates an obligation for me to provide a Launch Audit unless both parties separately agree to the engagement.

4. Enquiries

The website's contact links allow you to contact me by email.

Sending an enquiry does not create a client relationship, reserve availability or create a contract.

I may request additional information before deciding whether a project is suitable for my practice.

5. Client engagements

A client engagement begins only after the relevant terms have been agreed between both parties.

Depending on the project, this may include agreement on:

• Scope of work
• Deliverables
• Responsibilities
• Fees
• Payment schedule
• Timeline
• Revision process
• Intellectual property
• Confidentiality
• Termination
• Other project-specific terms

These terms may be documented through a proposal, statement of work, contract or other written agreement.

Where a separate client agreement exists, that agreement will govern the specific engagement.

6. Fees and payment

The website does not currently process payments.

Projects are agreed and invoiced separately.

Fees, deposits, payment schedules, expenses and other commercial terms will be communicated and agreed before or during the relevant engagement.

Nothing on the website constitutes a promise of a particular price unless that price is expressly stated as part of a separate agreement.

7. Intellectual property

Unless otherwise agreed in writing, ownership and usage rights relating to project deliverables will be governed by the specific agreement between the client and theWambuidesign.

Design concepts, working files, unused concepts, drafts, processes, methods, templates, tools and other materials that are not expressly transferred to the client may remain the property of theWambuidesign.

A client may not assume that receiving a final design automatically transfers ownership of every underlying working file, concept or design process.

The specific intellectual property arrangements for each project should therefore be confirmed in the relevant client agreement.

8. Portfolio and public use

I may wish to showcase completed work as part of my professional portfolio, including through this website, case studies, presentations or professional communications.

I will seek appropriate permission before publicly discussing or displaying client work where permission is required.

I will not knowingly publish confidential information, private project materials, unpublished information or sensitive client information without appropriate authorisation.

Where a client has agreed to restrictions on public use, those restrictions will be respected according to the applicable agreement.

9. Client materials

If you provide information, content, images, brand assets, data or other materials for use in a project, you are responsible for ensuring that you have the necessary rights or permissions to provide them for that purpose.

You remain responsible for the accuracy and legality of materials you provide.

You should not provide confidential or sensitive information unless it is necessary for the project and appropriate safeguards have been agreed.

10. Third-party tools and services

Design and delivery may involve third-party tools, software, hosting providers, collaboration platforms, fonts, stock assets, APIs or other services.

Where third-party services are used, their own terms and licences may apply.

I will not knowingly grant rights that I do not have authority to grant in third-party materials.

Where a project requires paid third-party licences, subscriptions or services, responsibility for those costs will be agreed separately.

11. Website content

I aim to keep the information on this website accurate and current, but the website is provided for general informational purposes.

Work, services, descriptions, availability and other information may change without notice.

Portfolio projects may represent work completed at a particular point in time and may not reflect the current state of the product, organisation or technology shown.

12. No guarantee of business outcomes

Design can contribute to a product's clarity, usability, credibility and commercial performance, but no design service can guarantee a particular business outcome.

Unless expressly agreed in writing, I do not guarantee specific results such as:

• Revenue
• Funding
• User growth
• Conversion rates
• Customer acquisition
• Market adoption
• Product success
• Business valuation

Any projections, recommendations or strategic opinions provided during an engagement are based on the information available at the time.

13. Website availability

I aim to keep the website available and functional, but I do not guarantee that it will always be available, uninterrupted, error-free or secure.

Access may occasionally be interrupted for maintenance, updates, hosting issues, technical failures or circumstances outside my reasonable control.

14. Acceptable use

You agree not to:

• Use the website for unlawful purposes
• Attempt to gain unauthorised access to the website or its infrastructure
• Interfere with the website's operation or security
• Introduce malicious code or harmful material
• Copy or reproduce website content in a way that infringes applicable rights
• Misrepresent your relationship with theWambuidesign

15. Website intellectual property

Unless otherwise indicated, the content and presentation of this website, including original written content, visual design, graphics and other original materials, belong to theWambuidesign or are used with appropriate permission.

You may view and share links to the website for personal or professional reference.

You may not reproduce, redistribute, sell or commercially exploit original website content without permission or an applicable legal right.

16. External links

The website may link to third-party websites and platforms.

These links are provided for convenience or additional context. I do not control and am not responsible for third-party websites, their content, availability, security or terms.

17. Limitation of liability

To the extent permitted by applicable law, theWambuidesign will not be responsible for indirect, incidental, special or consequential loss arising from your use of this website.

Nothing in these Terms excludes or limits liability where doing so would be unlawful or would otherwise be prohibited by applicable law.

For client engagements, any additional limitations of liability will be governed by the specific agreement entered into with the client.

18. Indemnity

To the extent permitted by applicable law, you agree to be responsible for losses or claims arising from your unlawful use of the website, your breach of these Terms, or your infringement of another person's rights.

This provision does not apply where the loss or claim results from circumstances for which you are not legally responsible.

19. Privacy

Your use of the website is also subject to theWambuidesign Privacy Policy, which explains how personal information is handled.

20. Governing law

These Terms are governed by the laws of Kenya.

Any dispute arising from the use of this website will be subject to the applicable laws and courts of Kenya, unless a separate written agreement between the parties provides otherwise.

21. Changes to these Terms

These Terms may be updated from time to time to reflect changes to the website, services or applicable legal requirements.

The latest version will be published on this page with the relevant “Last updated” date.

22. Contact

For questions about these Terms or the services described on this website: thewambuidesign@gmail.com