Terms of Service

Introduction

These Terms and Conditions (“Terms”) govern your use of kindaunique.net (the “Site”) and any enquiry, proposal, or engagement with Kinda Unique (“we”, “us”, “our”), a brand and web design studio operated by Tariro Coffee. By using the Site or engaging our services, you agree to these Terms. If you do not agree, please do not use the Site.

Contact: admin@kindaunique.net

1. Relationship to Project Contracts

These Terms apply to your use of the Site and to any pre-contract discussions, enquiries, quotes, and proposals. Where we are engaged on a project, a separate signed contract will govern that engagement. If anything in these Terms conflicts with a signed project contract, the signed contract takes precedence for that project.

2. Use of the Site

You may view, download, and print pages from the Site for your own reference. You may not:

• Republish, sell, rent, or sub-licence material from the Site

• Reproduce, duplicate, or copy material from the Site for commercial purposes

• Use the Site in any way that is unlawful, or that damages or impairs its availability

• Use automated systems to scrape, harvest, or extract data from the Site without our written permission

• Use material from the Site to build, train, or fine-tune a machine learning or AI system without our written permission

3. Intellectual Property in Site Content

All content on the Site — including written copy, case studies, process documentation, methodology descriptions, design work, photography, illustrations, logos, and the Kinda Unique name and marks — is owned by us or licensed to us, and is protected by copyright and trade mark law. Client work shown on the Site is displayed with permission or under the portfolio rights granted in our project contracts. Ownership of that work rests with the respective clients. Nothing on the Site grants you any licence to use it.

4. Enquiries, Quotes and Proposals

1. Nothing on the Site constitutes a binding offer. Service descriptions and any indicative pricing are illustrative and do not form a contract.

2. Quotes and proposals are valid for thirty (30) days from the date issued unless stated otherwise, and are subject to our availability at the time of acceptance.

3. A project is confirmed only when a written contract has been signed by both parties and the deposit has been received. Project slots are not reserved before both conditions are met.

4. Proposals, scoping documents, pitch materials, and creative concepts shared during the enquiry stage remain our property and are shared in confidence. They may not be shared with third parties, used to brief another supplier, or executed without engaging us.

5. Unsolicited Ideas and Submissions

We welcome enquiries about our services. However, we do not accept unsolicited creative ideas, concepts, or proposals. Where you send us any material that is not part of a project brief, you agree that:

• It is not confidential and creates no obligation on our part

• We are free to use, or to have used, similar ideas without any obligation to you

• We may already be developing or may in future develop something similar independently

6. Payment Terms

Unless a signed contract states otherwise:

1. All fees are quoted and payable in United States Dollars (USD).

2. A 50% non-refundable deposit is required to secure a project slot. The balance falls due on completion of the deliverables.

3. Work does not commence until the deposit has cleared.

4. Invoices are payable within five (5) business days of receipt. Invoices unpaid after the due date incur a late fee of $50.

5. Bank charges, transfer fees, and currency conversion costs are payable by you.

6. We reserve the right to suspend work and withhold deliverables where an invoice is overdue.

7. Client Responsibilities

Where you engage us, you agree to:

• Provide feedback, approvals, and requested materials within three (3) business days

• Attend scheduled calls and meetings, giving at least 24 hours notice if you cannot attend

• Supply all content — text, copy, images, and media — before the relevant production phase begins

• Proofread and approve all deliverables. We are not liable for errors, omissions, or inaccuracies once approval has been given

• Purchase and hold your own licences for fonts and any third-party assets required for commercial use

You warrant that all materials you supply to us are either owned by you or properly licensed for the intended use, and that all information provided is accurate and lawful. We are under no obligation to verify ownership, licensing status, or legality of client-supplied materials, and you indemnify us against any third-party claim arising from them.

Delays caused by you extend the delivery timeline by the corresponding number of working days.

8. Ownership of Work

1. Until final payment is received in full, all designs, code, and concepts remain our property.

2. On final payment, ownership of the agreed final deliverables transfers to you.

3. Unused concepts, working files, alternative routes, and unselected designs remain our property and may not be used by you.

4. We retain the right to display and reference completed work in our portfolio, case studies, social media, and marketing materials, unless otherwise agreed in writing.

9. Third-Party Services

Our work may involve or depend on third-party platforms and services, including but not limited to website builders, hosting providers, domain registrars, plugins, fonts, and integrations. We do not control these services and are not responsible for their availability, performance, pricing changes, security, or discontinuation. Third-party subscriptions and licences are your responsibility and are billed to you directly unless explicitly agreed otherwise in writing.

10. Confidentiality

Confidential information shared by either party during an engagement will be kept confidential and used only for the purposes of completing the project. This obligation survives the end of the engagement.

11. Limitation of Liability

1. Nothing in these Terms excludes liability for death, personal injury caused by negligence, fraud, or any liability that cannot lawfully be excluded.

2. We are not liable for indirect or consequential losses, including lost revenue, anticipated profit, lost business, loss of data, or delay expenses.

3. Our total liability in connection with any engagement will not exceed the total fees actually paid by you to us for that engagement.

4. We are not responsible for issues caused by hosting providers, third-party services, or modifications made after delivery.

5. We make no guarantee regarding search engine ranking, conversion rates, traffic, revenue, or business outcomes.

6. The Site is provided on an “as is” basis. We do not warrant that it will be uninterrupted or error-free.

12. Out of Scope

Unless explicitly listed in the project deliverables, the following are not included in any engagement: cybersecurity services; website security hardening, malware removal, or monitoring; search engine optimisation, keyword research, or ranking services; content writing or copywriting; digital marketing, advertising, or social media management; hosting setup, server management, or domain administration; website maintenance, updates, or ongoing support after delivery; data backups or recovery; and legal compliance services such as privacy policies, cookie consent, or accessibility compliance. Any of the above may be available separately under a new agreement or quotation at our discretion.

13. Links to Other Sites

The Site may link to third-party websites. We do not control and are not responsible for their content, availability, or privacy practices. A link does not imply endorsement.

14. Privacy

Our handling of personal data is described in our Privacy Policy , which forms part of these Terms.

15. Changes to These Terms

We may update these Terms from time to time. The version published on the Site at the time of your use applies. Material changes will be reflected in the “Last updated” date above. Changes do not affect any project contract already signed.

16. Severability

If any provision of these Terms is found to be unenforceable, that provision will be severed and the remaining provisions will continue in full force.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of Zimbabwe. Any dispute will first be addressed through good-faith negotiation between the parties before any legal proceedings.

Kinda Unique | Tariro Coffee | admin@kindaunique.net