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Terms and Conditions

Welcome to Surf Lifters Media!

These are the terms and conditions for:

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website”, refer to Surf Lifters Media’ website, “we”, “us”, “our”, and “Surf Lifters Media”, refer to Surf Lifters Media, and “you”, and “user”, refer to you, the user or client of Surf Lifters Media.

The following terms and conditions apply to the website and services offered by Surf Lifters Media. This includes any version of Surf Lifters Media accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.

 

  1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Surf Lifters Media. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

Surf Lifters Media may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

 

  1. NOTIFICATIONS AND NEWSLETTER

By providing Surf Lifters Media with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.

 

  1. SERVICES

At Surf Lifters Media, we are dedicated to providing comprehensive digital marketing solutions that not only meet our clients’ expectations, but exceed them. Our service offering is designed to cover all digital marketing and communication needs, ensuring optimal results and a significant return on investment. Each service we offer is tailored to the specific needs of our clients, and details such as pricing, scope, delivery times, payment methods and other specifications will be agreed upon in advance and detailed in the corresponding service contract.

  1. SEO Content Writing We specialize in creating SEO-optimized content, ranging from blog articles to video scripts and technical writing. Our focus is on improving search engine rankings and generating content that not only attracts visitors but converts them into loyal clients.
  2. Business and Branding We develop and strengthen our clients’ visual identity through services such as logo design, business cards and brochures. This process seeks to consistently reflect the essence and values of the brand, ensuring that each graphic element contributes to a strong and recognizable brand presence.
  3. Website Development We offer custom web development services, including e-commerce with platforms such as WordPress and landing page design that are both attractive and functional. Our websites are SEO optimized and designed to offer the best possible user experience.
  4. Online Marketing We implement digital marketing strategies that include everything from managing ads on social media platforms to email marketing and SMS campaigns. We control every aspect from creation to execution and analysis, ensuring that each campaign reaches its full potential.

Pricing of services will depend on the service package selected by the client. The scope of services, prices, delivery times, payments, payment methods and other service specifications will be previously agreed upon and established in the corresponding service contract. Our commitment to quality and client satisfaction is reflected in every project we undertake, ensuring that each service provided meets the highest industry standards and effectively contributes to the growth and success of our clients.

 

  1. PAYMENTS

The price and payment for our services will depend on the specific services or package of services contracted by the client. Every detail regarding services, including scope, pricing, and delivery times, will be agreed in advance with the client and will be clearly stated in the corresponding service contract. We are committed to providing a transparent and fair pricing structure, tailored to the specific needs of each client and project.

We offer our clients flexible payment options via PayPal and credit card, facilitating a secure and efficient transaction process. Each payment will reflect the progress and delivery of services as stated in the contract.

Surf Lifters Media will be responsible for issuing itemized invoices for all services rendered, ensuring that each invoice corresponds to the payments made by the client. Invoices will be issued immediately after each transaction performed, thus providing a clear and detailed record that supports financial transparency between Surf Lifters Media and our clients.

Furthermore, in the event of any queries or discrepancies regarding invoices issued, our support team will be available to provide prompt and effective assistance, ensuring that all concerns are dealt with in a professional and satisfactory manner. We strive to maintain open and effective communication with our clients to ensure that the billing and payment process is as smooth as possible.

 

  1. REFUND POLICY

Surf Lifters Media offers customized services that are specifically tailored to each client’s needs. Given the exclusive nature of these services, it is important to understand that once initiated, they are non-refundable. This policy is due to the nature of the resources and efforts that are irreversibly committed at the beginning of each project.

Before starting any service, we ensure that all details, such as objectives, expected results, schedule and costs, are clearly understood and agreed upon by both parties. This ensures that both client and provider have clear and agreed-upon expectations from the outset.

If the client decides to cancel services after they have begun, Surf Lifters Media reserves the right to charge for work performed up to the time of cancellation, reflecting the use of resources and time up to that date.

We encourage our clients to carefully consider their needs before contracting our services and to maintain fluid communication with us during the execution of the project. We are committed to working together with our clients to tailor services to their requirements as far as possible, always within the limits of this non-refund policy.

 

  1. DELIVERY TIMES

We understand that punctuality in the delivery of our services is crucial for planning and client satisfaction. The delivery times of our services will depend on the specific nature of the contracted services and will be clearly established and detailed in the corresponding service contract. Each contract will reflect a schedule tailored to the needs of the project and the execution capabilities of our agency, ensuring that both client and supplier have clear and agreed expectations.

We recognize that, on occasion, unforeseen situations may arise that are beyond our control, such as delays by third parties, unexpected changes in project scope requested by the client, or exceptional circumstances such as natural disasters or technological disruptions. In such cases, the delivery times originally established in the contract may need to be extended.

In any situation where an extension of delivery times is foreseen, Surf Lifters Media commits to immediately and transparently communicate to the client the reasons for the delay and the new time estimate. We will work collaboratively with the client to minimize any negative impact and to readjust delivery times to accommodate the new situation.

Our goal is to always maintain open and proactive communication with our clients to manage any changes effectively and to ensure that we continue to fulfill our obligations in the most professional manner possible.

 

  1. CLIENT CONTENT

We recognize that collaboration with our clients is essential to the success of the services we provide. For certain services, such as website development, online marketing, and content creation, it is imperative that the client provide specific content that is necessary for the execution of the project. This content may include, but is not limited to, text, images, logos, and other multimedia materials that will be used exclusively for the purpose of completing the contracted services.

The content provided by the client shall remain the property of the client, and the copyrights associated with such content shall not be transferred at any time to Surf Lifters Media. The client guarantees that he/she owns the necessary rights to the content provided and that its use by Surf Lifters Media will not infringe the rights of third parties.

The content provided by the client will only be used to carry out the specific services contracted. It is the client’s responsibility to ensure that the content necessary for the execution of the services is delivered in a timely manner and in the proper format. Surf Lifters Media handles such content with the utmost care and ensures that it is used efficiently and only for the agreed purposes.

Upon service completion, all client content will be returned or removed from our systems, as specified in the service contract. This ensures that the client’s intellectual property is handled securely and confidentially throughout the service process.

Timely and adequate provision of this content by the client is crucial to meeting delivery deadlines and the final quality of the service. In case of delays or delivery of content that does not meet the necessary specifications, Surf Lifters Media will not be responsible for any negative impact this may have on the quality or delivery times of the final project.

 

  1. LIMITATION OF LIABILITY

At Surf Lifters Media, we strive to offer services of the highest quality and efficiency in the field of digital marketing, but it is important to recognize certain limitations regarding the responsibility we can assume. Therefore, we establish the following limitations to our liability, which are accepted by the client when hiring our services.

Surf Lifters Media shall not be liable for indirect, incidental, consequential, special or punitive losses arising out of or in connection with the use of the contracted services. This includes, but is not limited to, loss of revenue, loss of data, loss of business opportunities, and other intangible damages, even if advised of the possibility of such damages.

In addition, Surf Lifters Media’s total liability for any claim under these terms and conditions, whether in contract, tort or otherwise, is limited to the amount the client has paid Surf Lifters Media for the services during the twelve months prior to the action giving rise to the liability.

Surf Lifters Media does not guarantee that the services will meet the client’s expectations without interruption or error. Although we are committed to maintaining the quality and continuity of our services, we recognize that in the digital environment technical incidents or failures beyond our control may arise. We assume no responsibility for service interruptions due to causes beyond our reasonable control, including third party software failures, cyber-attacks, server outages, and internet connectivity problems, among others.

Client acknowledges that the effectiveness of our digital marketing services also depends on the correct and timely collaboration and provision of information and content by Client. Surf Lifters Media shall not be liable for any reduction in the effectiveness of our services attributable to incorrect, insufficient or untimely information provided by the client.

This limitation of liability agreement forms an integral part of the service contract between Surf Lifters Media and the client, establishing a clear and mutual understanding of the expectations and responsibilities of both parties.

 

  1. COPYRIGHT OF CONTENT CREATED BY SURF LIFTERS MEDIA

All content created by Surf Lifters Media for the client under any agreement or contract for services shall be considered works for hire and, as such, copyright ownership of such works shall be assigned to the client upon completion of full payment for the contracted services and any other amounts owed to Surf Lifters Media for any reason whatsoever.

Notwithstanding the assignment of copyright to the client, Surf Lifters Media reserves the right to use any content created as part of its services to the client for Surf Lifters Media promotional purposes, including but not limited to, online portfolio, marketing materials, and social media, unless specifically agreed to in writing between the client and Surf Lifters Media. Such use by Surf Lifters Media shall not confer any additional ownership rights in the content to the client or in any way limit the copyright assigned to the client.

Surf Lifters Media warrants that all content created shall be original works of Surf Lifters Media and shall not infringe the copyrights, trademarks, patents or any other intellectual property rights of any third party. In the event that any content created by Surf Lifters Media results in an infringement of third-party intellectual property rights, Surf Lifters Media shall assume all liability and defend the client against all claims, demands, damages, costs, liabilities, and expenses, including reasonable legal fees, arising directly or indirectly from such infringement.

 

  1. WEBSITE CONTENT COPYRIGHT

All content on the Surf Lifters Media website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Surf Lifters Media or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on Surf Lifters Media are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Surf Lifters Media prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Surf Lifters Media or any part of the material for any purpose other than its intended purposes is strictly prohibited.

 

  1. COPYRIGHT INFRINGEMENT

Surf Lifters Media will respond to all inquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in national and international copyright and intellectual property laws and regulations. Surf Lifters Media respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Surf Lifters Media website infringes your copyright or other intellectual property rights, please submit your request through our contact information, with the following information: 

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that Surf Lifters Media can find it on the website.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.

 

  1. PERSONAL DATA

Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.

 

  1. PROHIBITED ACTIVITIES

The following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the services for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Surf Lifters Media in connection with the services.
  • Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.

 

  1. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Surf Lifters Media provides and maintains the website on an “as is”, “as available” basis and does not promise that use of the website will be uninterrupted or error-free. We will not be liable to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Surf Lifters Media for any loss or damage caused as a result.

Surf Lifters Media shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Surf Lifters Media excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Surf Lifters Media and Surf Lifters Media shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the websiteor service purchased through the 
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Surf Lifters Media.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

 

  1. ELECTRONIC COMMUNICATIONS

Surf Lifters Media will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.

 

  1. INDEMNIFICATION

You agree to defend and indemnify Surf Lifters Media from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the website and services.

 

  1. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

 

  1. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Surf Lifters Media, shall constitute the entire agreement between you and Surf Lifters Media concerning and governs your use of the website and the services.

 

  1. FORCE MAJEURE

Surf Lifters Media shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.

 

  1. ARBITRATION

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and Surf Lifters Media. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.

In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and our services. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.

 

  1. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of Kenya. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the courts of Nairobi. This applies unless binding arbitration is agreed to in the applicable section.

 

  1. FINAL PROVISIONS

Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

 

  1. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:

Surf Lifters Media.

Email: info@surfliftersmedia.com

Phone: +254 (719) 323 914