These terms and conditions (“Terms”) govern the provision of managed social media services by Proficient ICT Limited (“Company”) to the client (“Client”). By engaging our services, the Client agrees to these Terms:

1. Service Scope:
a. The Company will provide managed social media services as outlined in the agreed-upon package.
b. Any additional services not specified in the package will be subject to a separate agreement.

2. Client Responsibilities:
a. The Client agrees to provide accurate and up-to-date information necessary for the execution of the services.
b. The Client grants the Company access to social media accounts and necessary materials for content creation and posting.

3. Payment and Billing:
a. The Client agrees to pay the fees for the selected package in advance, prior to the start of each billing period.
b. Failure to make timely payments may result in service suspension or termination.

4. Confidentiality:
a. The Company agrees to keep all Client information confidential, except as required by law or with the Client’s consent.
b. The Client agrees to maintain the confidentiality of any proprietary or sensitive information shared by the Company.

5. Intellectual Property:
a. The Company retains all intellectual property rights to any materials created for the Client, unless otherwise specified.
b. The Client may use the created materials solely for the purposes of their business during the term of this agreement.

6. Results and Key Performance Indicators (KPIs):
a. The Client acknowledges that results and KPIs may vary due to factors beyond the Company’s control, including changes in social media algorithms, market conditions, and user behavior.
b. The Company will use its best efforts to achieve the agreed-upon goals and targets, but cannot guarantee specific outcomes.

7. Termination:
a. Either party may terminate this agreement by providing written notice within the agreed termination notice period.
b. In the event of early termination by the Client, the Client may be subject to cancellation fees as outlined in the agreement.

8. Limitation of Liability:
a. The Company will not be held liable for any indirect, incidental, or consequential damages arising from the provision of services.
b. The Client agrees to indemnify and hold the Company harmless from any claims, damages, or losses resulting from the Client’s use of the services.

9. Force Majeure:
a. The Company will not be liable for any delay or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of nature, government restrictions, or technical failures.

10. Governing Law and Jurisdiction:
a. These Terms shall be governed by and construed in accordance with the laws of Kenya.
b. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

11. Amendment and Severability:
a. These Terms may be amended by the Company with prior notice to the Client.
b. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By engaging our services and making the advance payment, the Client acknowledges having read, understood, and agreed to these Terms and Conditions. These Terms constitute the entire agreement between the Client and the Company, superseding any prior agreements or understandings.