TERMS & CONDITIONS

Bridging Efficiency in Niche Growing Kenyan Businesses Ltd
Trading as Being K Ltd | being-k.com

Last updated: May 2026

1. Introduction

Welcome to being-k.com, the website of Bridging Efficiency in Niche Growing Kenyan Businesses Ltd, a company incorporated in Kenya and trading as Being K Ltd (“Being K,” “we,” “us,” or “our”). Our registered office is at Nairobi Garage, 4th Floor, Delta Corner Annex, Ring Road, Westlands, Nairobi, Kenya.

By accessing or using this website (whether by browsing, submitting forms, purchasing services, or downloading resources), you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree with any part of these Terms, please do not use the website or purchase our services.

These Terms constitute a legally binding agreement between you and Being K Ltd, governed by the laws of Kenya including the Law of Contract Act (Cap. 23). They apply in addition to any other policy published on this website, including our Privacy Policy, Cookie Policy, and Refund Policy, which are incorporated by reference. Being K Ltd serves clients globally. If you are accessing this website or purchasing services from outside Kenya, you do so on your own initiative and are responsible for compliance with your local laws. Nothing in these Terms is intended to exclude or override mandatory rights you may have under the laws of your own country that cannot be waived by contract.

2. How We Operate: Three Commercial Models

Being K Ltd provides services through three distinct commercial models. It is important that you understand which model applies to your engagement with us, as the governing terms differ.

2.1 Standalone Services

Our Services page (being-k.com/services/) lists 18 standalone, fixed-price services that you can purchase directly through our WooCommerce shop. These span six categories:

Brand Positioning: Social Media Strategy Development, Brand Positioning on Social Media, Competitor Analysis
Content Creation: Organic Social Media Content, Paid Social Media Content, Video Ad Creation for Social
Email Marketing: Email Marketing Campaigns
Paid Social Media Marketing: Google Ads Management, Social Media Ads Management, Audience Reach Expansion, Retargeting Campaigns, Display Advertising
SEO Strategies: SEO Audit & Optimization, Local SEO Optimization, Link Building for SEO, Website Usability Review & Testing
Web Design: Custom Website Design, Website Maintenance & Support

When you purchase a Standalone Service, these Terms (together with the service description displayed at the time of purchase) form the entire agreement between us for that engagement. No separately signed contract is issued for Standalone Services purchases.

2.2 Tailored Services

Our Tailored Services packages are sold through a consultative process: Discovery Call, Customised Proposal, Contract Signing, and Payment. Current package pricing is available at being-k.com/packages/. The Discovery Call is a required first step. You are expected to attend at the agreed time, provide honest and complete information about your business and goals, and engage in good faith so that Being K Ltd can prepare an accurate and relevant proposal.

Tailored Services engagements are governed by a separately signed Client Contract Agreement and Statement of Work, not by these Terms alone. Where any conflict exists between these Terms and a signed Client Contract Agreement, the Client Contract Agreement prevails.

These Terms still apply to your general use of this website even if you have entered into a Client Contract Agreement.

2.3 Custom Solutions

Where a client’s needs are larger, more complex, or span multiple service categories in ways that do not fit a standard package, Being K Ltd offers fully bespoke Custom Solutions. A Custom Solution may involve any combination of services, disciplines, or ongoing retainer arrangements, scoped and priced on an individual basis.

All Custom Solutions begin with a Discovery Call. During this call, Being K Ltd works with you to understand your business needs, goals, and constraints. Where appropriate, we may recommend a different commercial model (such as a Standalone Service or a Tailored Services package) if that better serves your needs. If a Custom Solution is the right fit, Being K Ltd will produce a fully bespoke proposal covering scope, deliverables, pricing, and timelines. You are expected to come to the Discovery Call prepared, engage openly and honestly, and provide the information Being K Ltd needs to assess your requirements accurately. Full client obligations relating to the Discovery Call are set out in Section 5.10.

Custom Solutions are always governed by a dedicated signed Client Contract Agreement and Statement of Work. These Terms apply as a baseline, but where the signed contract specifies different terms on any matter (including revisions, timelines, cancellation, payment, or liability), the signed contract prevails. The signed contract is the primary governing document for Custom Solutions.

3. Website Use

The content on this website (including text, graphics, images, service descriptions, blog posts, and downloadable resources) is provided for informational and commercial purposes. You are welcome to browse and use the website for its intended purposes, but you must not misuse it.

You agree not to:

Use the website in any way that is unlawful, fraudulent, or harmful;
Attempt to gain unauthorised access to any part of the website or its systems;
Introduce viruses, trojans, worms, or other malicious or technologically harmful material;
Harvest or collect data from the website without our express written consent;
Use automated tools (scrapers, bots, spiders) to extract content from the website;
Reproduce or republish any content from this website for commercial purposes without our permission.

We reserve the right to suspend or restrict your access to the website if we reasonably believe you have breached any of the above.

4. Blog Content

The Being K Ltd blog is intended to provide insights on digital marketing, web design, social media, SEO, and related topics. All blog content is provided for general informational purposes only and does not constitute professional advice. The opinions expressed are those of the individual authors and may not reflect the official position of Being K Ltd.

We make reasonable efforts to ensure that blog content is accurate and up to date, but we give no warranties or representations as to its accuracy, completeness, or fitness for any particular purpose. You rely on blog content at your own risk.

5. Services and Purchases

This section governs all purchases made through the Being K Ltd Standalone Services shop at being-k.com/services/. For Tailored Services engagements, refer to Section 2.2 and your Client Contract Agreement. For Custom Solutions, refer to Section 2.3 and your dedicated Client Contract Agreement and Statement of Work.

5.1 What Is Included in a Service Purchase

Each service listed in our shop includes a description of the specific deliverables, scope, and expected outcomes at the time of purchase. The service description published on the product page at the time of your order defines the scope of work Being K Ltd is contracted to provide.

Unless otherwise stated in the product description, each service purchase covers a single, one-time engagement and does not include ongoing management, maintenance, or support beyond the described deliverables.

5.2 Client Obligations After Purchase

To enable Being K Ltd to begin and complete your service, you agree to provide the following in a timely manner after purchase:

A completed client brief or onboarding form, which will be sent to you after order confirmation;
Access to any platforms, accounts, or assets that Being K Ltd requires to complete the work (for example, access to your website, social media accounts, Google Ads account, or analytics platforms);
Brand assets including logos, brand guidelines, approved imagery, and any other materials relevant to the service;
Timely feedback and approvals at each stage of the delivery process as set out in Section 5.5;
Accurate and complete information about your business, audience, products, and goals.

You acknowledge that the quality and timeliness of Being K Ltd’s deliverables depends directly on the completeness and accuracy of the information and materials you provide. Being K Ltd will not be responsible for delays or substandard outcomes caused by incomplete, inaccurate, or late input from you.

5.3 Delivery Timelines

Estimated delivery timelines are stated in each service’s product description. These timelines begin from the date on which Being K Ltd receives all required inputs from you (completed brief, access credentials, brand assets, and any other materials specified).

If you fail to provide the required inputs within 14 calendar days of your purchase, Being K Ltd reserves the right to:

Place your project on hold until the required inputs are received; or
Treat the project as abandoned and apply the cancellation terms in Section 6.

If delays arise on Being K Ltd’s side for reasons within our control, we will notify you as soon as practicable and provide a revised delivery estimate.

5.4 Scope of Work: What Is Not Included

Each service purchase covers the scope described in the product listing. The following are not included unless expressly stated:

Third-party costs such as advertising spend, stock photography, premium plugin licences, domain registration, or hosting fees;
Work that falls outside the described deliverables;
Revisions beyond the number permitted under Section 5.5;
Ongoing support, management, or maintenance after delivery is complete.

5.5 Revisions and Approval Process

Being K Ltd will deliver each project in stages or as a final draft, depending on the service. Upon delivery, you will have an opportunity to review the work and submit revision requests.

Unless otherwise specified in the product description, each Standalone Services purchase includes up to two (2) rounds of revisions. A revision means reasonable amendments within the original scope of work. It does not include changes that alter the fundamental brief or add new requirements.

Revisions must be submitted in writing (by email to contact@being-k.com) within 7 calendar days of delivery. If no revision requests are received within 7 calendar days, the work will be deemed accepted.

Additional revision rounds beyond those included may be requested at Being K Ltd’s then-current hourly rate or as a separately quoted service.

5.6 Acceptance of Delivered Work

Work will be considered accepted when:

You confirm acceptance in writing; or
7 calendar days have passed since delivery without written revision requests; or
You publish, use, or deploy the delivered work in any medium.

Once work is accepted, Being K Ltd’s delivery obligations under that purchase are fulfilled. Ongoing dissatisfaction with accepted work does not entitle you to a refund under Section 6, but we encourage you to contact us at contact@being-k.com to discuss any concerns.

5.7 Scope Creep

If, during the delivery of a service, you request work that falls outside the scope described in the product listing (for example, additional platforms, additional content pieces, changes to the agreed brief, or new deliverables), Being K Ltd will notify you that the request is outside scope.

Out-of-scope work will not be undertaken without a written agreement on additional fees. Being K Ltd may quote for the additional work as a separate service purchase or provide an hourly rate proposal. Requesting out-of-scope work does not entitle you to a refund of the original purchase.

5.8 Pricing and Payment

All prices are displayed in US Dollars (USD) and are subject to change without notice. The price applicable to your order is the price displayed at the time of purchase. If you are paying from outside the United States, your bank or payment provider will apply its own exchange rate and may charge additional conversion or transaction fees. Being K Ltd has no control over these charges and they are your responsibility. Your statement may show a different amount in your local currency depending on the exchange rate applied at the time of payment.

Full payment is required at the time of purchase for all Standalone Services. We accept major credit cards, debit cards, and other payment methods listed at checkout. Payment is processed securely through our WooCommerce checkout.

For Tailored Services and Custom Solutions, payment terms are set out in the Client Contract Agreement and Statement of Work. Monthly retainer payments, where applicable, are due in advance of each service month.

5.9 Order Confirmation

Once you place an order, you will receive a confirmation email at the address you provided during checkout. This email confirms receipt of your order and payment but does not constitute the start of service delivery. Delivery begins when Being K Ltd has received all required client inputs as described in Section 5.2.

5.10 Client Obligations: Tailored Services and Custom Solutions

For Tailored Services and Custom Solutions, the client relationship begins before any contract is signed. To enable Being K Ltd to assess your needs, recommend the right commercial model, and prepare an accurate proposal, you agree to the following obligations from the point of enquiry:

Attend the Discovery Call at the agreed time, or provide reasonable notice if you need to reschedule. The Discovery Call is a required step for all Tailored Services and Custom Solutions engagements and cannot be skipped.
Provide honest, accurate, and complete information about your business, goals, budget expectations, existing digital presence, and any relevant constraints during the Discovery Call. The quality of Being K Ltd’s proposal depends directly on the information shared at this stage.
Review the proposal provided by Being K Ltd promptly and raise any questions or requested amendments in writing within the timeframe stated in the proposal. Failure to respond within that timeframe may result in the proposal being withdrawn or revised.
Sign the Client Contract Agreement and Statement of Work before any delivery work begins. Being K Ltd will not commence work on Tailored Services or Custom Solutions without a signed contract in place.
Once an engagement is underway, provide timely access, approvals, feedback, and materials as required under the signed Statement of Work. The obligations set out in Section 5.2 apply equally to Tailored Services and Custom Solutions from the point the contract is signed.

Being K Ltd reserves the right to decline an engagement following a Discovery Call if, in our reasonable assessment, we are not the right fit for the client’s needs, or if the information provided is insufficient to produce a responsible proposal.

6. Refunds and Cancellations

Being K Ltd provides professional services. Because work involves time, expertise, and resources that cannot be recovered once committed, our refund policy is structured as follows.

6.1 Standalone Services Purchases: Before Work Begins

If you wish to cancel a Standalone Services purchase before Being K Ltd has commenced work (that is, before we have begun reviewing your brief, conducting research, or producing any deliverables), you may request a refund within 48 hours of purchase by emailing contact@being-k.com.

Cancellations made within 48 hours of purchase and before work has begun are eligible for a full refund, less any payment processing fees.

6.2 Standalone Services Purchases: After Work Has Begun

Once Being K Ltd has commenced work on your purchase (including initial research, strategy development, content production, or any preparatory work), no full refund will be issued.

If you cancel after work has begun but before final delivery, a partial refund may be available based on the proportion of work not yet completed at the time of cancellation. The amount refunded will be assessed by Being K Ltd and communicated to you within 5 business days of your cancellation request.

No refund will be issued for services that have been fully delivered and accepted under Section 5.6.

6.3 Downloadable Resources

All purchases of downloadable resources (templates, guides, eBooks, and similar digital content) are non-refundable once the file has been downloaded or accessed. If you encounter a technical issue with a download or believe a product is faulty, please contact us within 7 days of purchase and we will assess the issue and offer a correction or exchange where appropriate.

6.4 Tailored Services and Custom Solutions Cancellations

Cancellation of Tailored Services and Custom Solutions is governed by the Client Contract Agreement signed at the time of onboarding. For Custom Solutions, the cancellation terms in the signed contract always take precedence over these Terms. In the absence of a signed contract, the following default terms apply:

Cancellations made in writing at least 14 calendar days before the service start date will incur a cancellation fee of 20% of the total contract value to cover administrative and preparation costs.
Cancellations made within 14 calendar days of the service start date will incur a fee equivalent to the full first month of service.
Once a Tailored Services engagement or Custom Solution is underway, fees paid for the current billing period are non-refundable.

6.5 Dissatisfaction Resolution

If you are dissatisfied with any service or deliverable, Being K Ltd encourages you to contact us at contact@being-k.com before raising a formal refund request. We are committed to resolving concerns professionally and will work with you to find a suitable remedy within the scope of your purchase.

6.6 How to Request a Refund or Cancellation

To request a refund or cancellation, contact us at:

Email: contact@being-k.com
Phone: +254 719 299255

Include your full name, contact information, the service or product in question, your order reference number, and the reason for your request. We will respond within 5 business days.

If you are based in Kenya, you may have rights under the Consumer Protection Act (No. 46 of 2012), including under sections 55–62 relating to your rights to redress for unsatisfactory services. Nothing in this refund policy limits, excludes, or modifies any rights you have under applicable Kenyan consumer protection legislation. If you are based outside Kenya, you may have additional or different statutory rights under the laws of your own country that cannot be excluded by contract. Where any provision of this policy conflicts with your mandatory statutory rights, your statutory rights prevail.

7. Intellectual Property

7.1 Ownership of Deliverables

Upon receipt of full and cleared payment for a service, ownership of the original deliverables produced by Being K Ltd for you transfers to you. This includes written content, graphic designs, website code, and strategy documents.

Until full payment is received, all deliverables remain the intellectual property of Being K Ltd, and you have no right to use, publish, or distribute them.

7.2 Being K Ltd’s Rights

Once ownership has transferred to you under Section 7.1, Being K Ltd retains the right to use the deliverables produced for you for portfolio, case study, and marketing purposes, subject to the following:

We will seek your approval before publicly attributing the work to your business or disclosing any commercially sensitive information;
We will not publish confidential information about your business without your written consent;
If you prefer that your work not be used in our portfolio, please notify us in writing at the time of purchase or upon delivery.

7.3 Website and Platform Content

All content on being-k.com is the intellectual property of Being K Ltd unless otherwise indicated. This includes text, graphics, logos, images, and blog posts. You may not reproduce, distribute, modify, or commercially exploit any website content without our express written consent. You may share links to our content for non-commercial purposes, provided you attribute the source.

7.4 Third-Party Materials

Where Being K Ltd incorporates third-party materials (such as licensed stock images, fonts, or software) into your deliverables, the relevant third-party licence terms will apply to your use of those materials. Being K Ltd will inform you of any material restrictions on your use of third-party components.

8. Confidentiality

Being K Ltd understands that in the course of delivering services, you may share confidential business information with us, such as business strategies, financial information, customer data, marketing plans, and proprietary processes.

Being K Ltd agrees to:

Keep your confidential information strictly confidential and not disclose it to any third party without your written consent, except where required by applicable law, a court order, or a competent regulatory or governmental authority (whether in Kenya or elsewhere);
Use your confidential information solely for the purpose of delivering the services you have purchased;
Ensure that team members and contractors who have access to your information are bound by equivalent confidentiality obligations.

Confidential information does not include information that: (a) is or becomes publicly available through no fault of Being K Ltd; (b) was already known to Being K Ltd at the time of disclosure; or (c) is independently developed by Being K Ltd without reference to your information.

These confidentiality obligations survive the termination or completion of your engagement with Being K Ltd.

Being K Ltd processes personal data in accordance with the Data Protection Act (No. 24 of 2019) of Kenya. Because we serve clients globally, personal data you provide may be transferred to and processed in Kenya. By using our website and services, you consent to this transfer. If you are located in the European Economic Area, the United Kingdom, or another jurisdiction with data transfer restrictions, please refer to our Privacy Policy at being-k.com/privacy-policy/ for details of the safeguards we apply to international data transfers and your rights under applicable data protection law.

9. Limitation of Liability

To the fullest extent permitted by Kenyan law, Being K Ltd’s liability to you in connection with any service, deliverable, or use of this website is limited as follows:

Our total aggregate liability for any claim arising from a Standalone Services purchase will not exceed the amount you paid for that specific service.Our total aggregate liability for any claim arising from a Tailored Services engagement will not exceed the fees paid to us in the three (3) months preceding the event giving rise to the claim, unless the signed Client Contract Agreement specifies a different cap.Our total aggregate liability for any claim arising from a Custom Solution engagement will not exceed the fees paid to us in the three (3) months preceding the event giving rise to the claim, unless the signed Client Contract Agreement specifies a different cap.
Our total aggregate liability for any claim arising from a Tailored Services engagement will not exceed the fees paid to us in the three (3) months preceding the event giving rise to the claim.Our total aggregate liability for any claim arising from a Custom Solution engagement will not exceed the fees paid to us in the three (3) months preceding the event giving rise to the claim, unless the signed Client Contract Agreement specifies a different cap.
Being K Ltd will not be liable for any indirect, consequential, special, or punitive damages, including loss of profits, loss of revenue, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits Being K Ltd’s liability for: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by our negligence; (c) any liability that cannot be excluded or restricted under the Consumer Protection Act (No. 46 of 2012) of Kenya, including your statutory rights to remedies under sections 55–62 of that Act (covering your rights to redress, repair, replacement, and refund); or (d) any other liability that cannot be lawfully excluded or limited under Kenyan law. The liability caps set out above apply only to the extent permitted by applicable law and do not override your statutory consumer rights.

For Custom Solutions, the limitation of liability provisions set out in this section may be varied by the terms of the signed Client Contract Agreement. Where a signed contract specifies a different liability cap or excludes certain heads of liability, those contractual terms prevail over this section.Being K Ltd does not guarantee specific outcomes from marketing services, including but not limited to search engine rankings, advertising conversion rates, social media follower growth, click-through rates, or revenue outcomes. Marketing results depend on many factors entirely outside our control, including market conditions, competitive activity, client-side factors, and changes to third-party platforms, algorithms, and policies (including but not limited to Google, Meta, TikTok, and other advertising and social media platforms). Being K Ltd accepts no liability for the impact of unilateral changes made by these platforms to their products, advertising systems, targeting capabilities, or terms of service.

10. Client Conduct

In all engagements with Being K Ltd, whether through the website, email, phone, video calls, or any other communication channel, you agree to conduct yourself professionally and respectfully.

You must not:

Use abusive, threatening, harassing, or discriminatory language toward any Being K Ltd team member, contractor, or representative;
Attempt to misuse or gain unauthorised access to Being K Ltd’s internal platforms, project management tools, or client systems;
Provide false, misleading, or fraudulent information in connection with any purchase or engagement;
Use Being K Ltd’s services to produce, publish, or promote content that is unlawful, defamatory, obscene, or that infringes the intellectual property or other rights of any third party.

Being K Ltd reserves the right to suspend or terminate service delivery, without refund, in cases of serious or repeated breaches of this conduct clause.

11. Forms and Submissions

When submitting any form on this website (including contact forms, service inquiry forms, and onboarding briefs), you agree to provide accurate, complete, and truthful information. Being K Ltd may use the information you submit in connection with delivering your requested services and for marketing communications, in accordance with our Privacy Policy.

You are responsible for the accuracy of all information you provide. Being K Ltd will not be liable for errors or delays caused by inaccurate or incomplete submissions.

12. Cookies and Tracking

We use cookies and similar tracking technologies on this website for functional, analytical, and marketing purposes. By using this website, you consent to our use of cookies in accordance with our Cookie Policy. You may adjust your browser settings to refuse cookies, but doing so may limit the functionality of certain features of this website.

13. Links to Third-Party Sites

This website may contain links to external websites operated by third parties. Being K Ltd has no control over the content, privacy practices, or terms of those websites and accepts no responsibility for them. Links are provided for convenience only and do not constitute endorsement. Use of external links is at your own risk.

14. Governing Law and Dispute Resolution

These Terms and Conditions are governed by and construed in accordance with the laws of Kenya, including the Law of Contract Act (Cap. 23), the Consumer Protection Act (No. 46 of 2012), and the Data Protection Act (No. 24 of 2019). Being K Ltd is incorporated and operates in Kenya, and Kenyan law governs all aspects of our commercial relationship. If you are contracting with us from another country, you acknowledge that Kenyan law governs these Terms. However, nothing in this clause is intended to deprive you of any mandatory protections that apply to you under the laws of your own country and that cannot be excluded by a choice of law clause (for example, mandatory consumer protection laws in your jurisdiction).

Any dispute arising from or in connection with these Terms, or your use of this website or purchase of services, will be subject to the non-exclusive jurisdiction of the courts of Nairobi, Kenya. If you are a consumer, you retain the right to bring proceedings in the courts of your place of residence where required by the mandatory laws of your country.

Being K Ltd encourages you to contact us in the first instance at contact@being-k.com to attempt to resolve any dispute informally. We will use reasonable efforts to resolve disputes promptly and fairly before any formal proceedings are initiated.

15. Changes to These Terms

Being K Ltd reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated “Last updated” date. Your continued use of this website or purchase of services after changes are posted constitutes your acceptance of the revised Terms.

For significant changes affecting existing service engagements, we will endeavour to provide reasonable advance notice by email.

16. Force Majeure

Being K Ltd will not be in breach of these Terms, and will not be liable for any delay or failure to perform our obligations, where such delay or failure results from events or circumstances beyond our reasonable control. This includes, but is not limited to: natural disasters, acts of God, pandemics or public health emergencies, war or civil unrest, government action or regulation, power outages, internet or telecommunications failures, cyberattacks, and unilateral changes to third-party platforms or services on which Being K Ltd relies to deliver services (including Google, Meta, TikTok, and hosting providers).

Where a force majeure event affects our ability to deliver a service, we will notify you as soon as practicable, provide an updated delivery estimate where possible, and work with you in good faith to find a reasonable resolution. If a force majeure event prevents delivery entirely and persists for more than 30 calendar days, either party may cancel the affected engagement in writing, and Being K Ltd will refund any fees paid for work not yet commenced.

17. Language

These Terms and all communications, notices, deliverables, and agreements between Being K Ltd and you will be conducted in English. The English language version of these Terms is the authoritative and binding version. If these Terms are translated into any other language for convenience, the English version prevails in the event of any inconsistency or dispute.

18. Severability

If any provision of these Terms is found by a competent court or authority to be invalid, unlawful, or unenforceable under Kenyan law, that provision will be severed from the remainder of these Terms. The remaining provisions will continue in full force and effect as if the severed provision had never formed part of these Terms.

This is particularly relevant to the limitation of liability provisions in Section 9. If any liability cap is found to be unenforceable against a consumer under the Consumer Protection Act (No. 46 of 2012), that cap will be severed or reduced to the minimum extent necessary to make it enforceable, without affecting any other provision of these Terms.

19. Contact Information

If you have any questions, concerns, or requests relating to these Terms, please contact us:

Company: Bridging Efficiency in Niche Growing Kenyan Businesses Ltd (t/a Being K Ltd)
Address: Nairobi Garage, 4th Floor, Delta Corner Annex, Ring Road, Westlands, Nairobi, Kenya
Email: contact@being-k.com
Phone: +254 719 299255
Website: being-k.com