1. Acceptance of Terms
By purchasing, downloading, or using any digital product or service from The Kinsmen Digital Network
Ltd. ("Kinsmen"), you agree to be bound by these Digital Product Terms and
Conditions. These terms apply to all digital products including but not limited to website
templates, web applications, mobile applications, software licenses, digital marketing packages, and
any digital deliverable provided by Kinsmen.
2. Digital Product Definitions
For the purposes of these terms:
- "Digital Product" means any software, code, template, design asset, or digital
deliverable provided by Kinsmen
- "Custom Development" means bespoke websites, applications, or digital solutions
built to client specifications
- "License" means the rights granted to use a digital product as specified in
these terms
- "Deliverables" means the final digital products or outputs agreed upon in a
project scope or order
3. License Grant
3.1 Custom Development Projects
Upon full payment, Kinsmen grants the client a perpetual, non-exclusive, worldwide license to use the
delivered website, application, or digital product for its intended commercial or non-commercial
purpose. The client receives ownership of the final compiled deliverable but not the underlying
framework, third-party libraries, or reusable code components owned by Kinsmen or third parties.
Each digital product (PHP scripts and web applications) offered by
The Kinsmen Digital Network Ltd. (“The Kinsmen”, “we”, “us”, or “our”) is licensed
to
one (1) unique domain name only. The license is strictly non-transferable and
locked
to the domain specified at purchase. Uploading, installing, or attempting to use the product on
any other domain will result in the product failing to function.
3.2 Template and Pre-built Products
Template licenses are single-use and non-transferable unless a multi-use or developer license is
explicitly purchased. Templates may not be redistributed, resold, or sublicensed.
3.3 SaaS and Platform Services
Subscription-based digital services grant a limited, revocable license to access and use the service
during the active subscription period. No ownership rights are transferred.
3.4 Domain Name Changes & Re-Activation
If the licensed domain becomes unavailable due to expiration, suspension, deactivation, deletion,
or registrar-related action, the following conditions apply:
- Within 3 months of purchase: License re-activation is free of charge.
- Within 6 months of purchase: License re-activation requires payment of
50% of the original product price.
- After 6 months of purchase: License re-activation requires payment of
100% of the original product price.
3.5 Free Product Replacement Eligibility
Customers may qualify for a free product replacement under the following
conditions:
- If the licensed domain is changed or becomes unavailable and the website is hosted on our
servers.
- If the licensed domain is changed or becomes unavailable and the domain is registered with us.
3.6 Updates & Support
Free updates and technical support are provided in line with the support policy stated on our
website or product listing. Support does not cover modifications made by the user or third-party
developers.
4. Intellectual Property
- All source code, designs, and creative assets developed by Kinsmen remain the intellectual
property of Kinsmen until full payment is received
- Client-provided content (text, images, logos, branding) remains the property of the client
- Kinsmen retains the right to display completed work in its portfolio unless the client
explicitly requests confidentiality in writing
- Third-party libraries, frameworks, and components are subject to their respective open-source or
commercial licenses
5. Payment and Delivery
- Custom development projects require a minimum 50% deposit before work commences, with the
balance due upon project completion
- Digital product delivery occurs within the timeframe specified in the project proposal or order
confirmation
- Delays caused by client non-responsiveness or late feedback do not constitute a Kinsmen breach
of contract
- All prices are in Nigerian Naira (₦) unless otherwise specified in a project agreement
6. Refund Policy for Digital Products
- Templates and pre-built products: No refunds once the product has been
downloaded or the license key revealed
- Custom development: The deposit is non-refundable. Refunds on completed
milestones are not available. If a project is cancelled mid-development, payment is due for all
work completed to that point
- Subscription services: Prorated refunds are available within 7 days of a
renewal charge if the service is cancelled immediately after renewal
- Disputes must be raised within 14 days of delivery
7. Acceptable Use
Digital products and services may not be used to:
- Distribute malware, viruses, or harmful code
- Host or distribute illegal content including CSAM, pirated materials, or content that violates
Nigerian law
- Conduct phishing, spamming, or fraudulent activities
- Violate the intellectual property rights of third parties
- Circumvent security measures or gain unauthorised access to systems
- Engage in activities that damage the reputation or infrastructure of Kinsmen or third parties
Violations may result in immediate suspension without refund and may be reported to relevant
authorities.
8. Warranties and Disclaimers
Kinsmen warrants that digital deliverables will function as described in the project specification at
the time of delivery. Beyond this, digital products are provided "as is" without
warranty of any kind. Kinsmen makes no warranty that:
- Products will be error-free or meet all future compatibility requirements
- Third-party services or APIs integrated within a product will remain available or unchanged
- Products will be free from all security vulnerabilities following client modification
9. Limitation of Liability
To the maximum extent permitted by Nigerian law, Kinsmen shall not be liable for any indirect,
incidental, special, consequential, or punitive damages arising from use of our digital products or
services, even if Kinsmen has been advised of the possibility of such damages. Our total aggregate
liability shall not exceed the amount paid for the specific product or service giving rise to the
claim.
We shall not be held liable for any direct, indirect, incidental, or consequential damages arising
from the use or inability to use the product, including but not limited to loss of data, profits,
or business opportunities.
10. Support and Maintenance
- Custom development projects include 30 days of bug-fix support post-delivery at no extra charge
- Support does not cover feature additions, content updates, or changes outside the original scope
- Ongoing maintenance retainers are available as separate agreements
- Kinsmen is not responsible for issues arising from client modifications to delivered code
11. Governing Law
These terms are governed by and construed in accordance with the laws of the Federal Republic of
Nigeria. Any disputes shall be subject to the exclusive jurisdiction of the courts of Ebonyi State,
Nigeria.
12. Contact
For questions about these terms, project disputes, or licensing enquiries: