Effective Date: 12 October 2024

These Terms and Conditions (“Agreement”) govern the use of services provided by Webinku (“we,” “us,” or “our”). By accessing or using our website, products, or services, you agree to comply with and be bound by the terms outlined below.

1. General Terms

1.1. By using Webinku’s services, you confirm that you are at least 18 years old or have reached the legal age required by Kuwait law.

1.2. These Terms and Conditions apply to all customers and users of Webinku’s services, including but not limited to website creation, app development, and logo design.

2. Services Provided

2.1. Webinku offers services in website design, app development, and logo design. We provide custom work based on the requirements outlined in each client’s contract.

2.2. The services offered are non-transferable unless specified otherwise in writing by Webinku.

2.3. Any additional work outside the original agreement will be subject to separate fees and will require a written agreement.

3. Client Obligations

3.1. The client must provide all necessary content, such as text, images, and other materials, in a timely manner to enable us to complete the project within the agreed timeline.

3.2. The client is responsible for ensuring that all materials provided to Webinku comply with applicable laws, including copyright and intellectual property laws.

3.3. Failure to provide required materials may result in delays, and Webinku shall not be held liable for any delays caused by the client.

4. Payment Terms

4.1. Payment terms for each project will be outlined in the individual client agreement. All fees are quoted and payable in Kuwaiti Dinars (KWD).

4.2. A non-refundable deposit is required to start the project. The remaining balance must be paid upon completion before the final delivery of any work.

4.3. Webinku reserves the right to suspend work or withhold final delivery if payments are delayed or incomplete. Any outstanding payments may incur additional fees.

5. Ownership and Intellectual Property

5.1. Upon full payment, ownership of the final website, app, or logo design will be transferred to the client. However, Webinku retains the right to display any work in its portfolio for marketing and promotional purposes.

5.2. Webinku retains ownership of any pre-existing tools, code, or software used in the development of the client’s project unless explicitly transferred to the client through a separate agreement.

6. Cancellations and Refunds

6.1. Clients may request to cancel services at any point during the project. However, Webinku will not provide refunds for any work completed up to the cancellation date.

6.2. In the event of cancellation, all outstanding fees for work performed will remain payable, and Webinku reserves the right to charge for the time and resources already spent on the project.

7. Warranties and Liability

7.1. Webinku makes every effort to ensure the accuracy and functionality of its websites, apps, and logos. However, we do not warrant that the services will be uninterrupted or error-free.

7.2. Webinku is not responsible for any loss of profits, data, or other consequential damages arising from the use or inability to use our services.

7.3. Webinku’s liability is limited to the fees paid for the specific service in question.

8. Client Use of Services

8.1. Clients must not use any website, app, or logo created by Webinku for illegal activities or purposes that violate Kuwaiti law.

8.2. Webinku reserves the right to terminate services without notice if the client is found to be using its services for unlawful purposes.

9. Third-Party Services

9.1. Webinku uses third-party services, such as hosting providers, payment processors, and plugins. We are not responsible for any interruptions, errors, or losses caused by these services.

9.2. The client agrees to the terms and conditions of these third-party service providers and acknowledges that Webinku has no control over the operations or reliability of these external services.

10. Force Majeure

10.1. Webinku shall not be liable for any failure to perform its obligations under this agreement due to causes beyond its control, including but not limited to acts of God, war, terrorism, government action, technical failures, or natural disasters.

11. Indemnification

11.1. The client agrees to indemnify and hold Webinku harmless from any and all claims, damages, or expenses (including legal fees) arising from the client’s use of Webinku’s services or violation of these Terms and Conditions.

12. Termination of Service

12.1. Webinku reserves the right to terminate services immediately if the client violates these terms, fails to make timely payments, or engages in unlawful activities.

12.2. Upon termination, all outstanding fees must be paid in full.

13. Confidentiality

13.1. Both Webinku and the client agree to maintain the confidentiality of all sensitive information shared during the project, including but not limited to proprietary business information, designs, and personal data.

13.2. Webinku will take reasonable steps to protect the client’s information but cannot guarantee absolute security, especially in cases beyond our control (e.g., third-party breaches).

14. Amendments to the Terms

14.1. Webinku reserves the right to modify these Terms and Conditions at any time. Any changes will be effective upon posting on the Webinku website.

14.2. Continued use of Webinku’s services after any modifications constitutes acceptance of the updated terms.

15. Dispute Resolution

15.1. Any disputes arising from this Agreement will first be attempted to be resolved through mediation between Webinku and the client.

15.2. If mediation fails, the dispute will be resolved through the courts of Kuwait.

16. Governing Law

16.1. This Agreement is governed by the laws of the State of Kuwait.

16.2. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts of Kuwait.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us at hello@webinku.com or through our website’s contact page.

• Email: hello@webinku.com
• WhatsApp: +965 69911601