Last Updated: January 27, 2026
1. Introduction and Acceptance
These Terms of Service (“Terms”) govern your use of the OnMedia website (onmedia.co.ke) and all services provided by OnMedia (“we”, “our”, “us”).
By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
These Terms constitute a legally binding agreement between you and OnMedia.
2. Definitions
“Client” refers to any individual or business entity that engages OnMedia for services.
“Services” refers to all digital marketing services offered by OnMedia, including but not limited to brand strategy, website design, content marketing, search engine optimisation, paid advertising, and strategic advisory.
“Deliverables” refers to all work product, materials, and outputs created by OnMedia for the Client.
“Agreement” refers to the specific service agreement, proposal, or contract entered into between OnMedia and the Client.
3. Services
OnMedia provides digital marketing services to businesses in Kenya and the broader African market.
Specific services, deliverables, timelines, and fees are outlined in individual service agreements or proposals provided to each Client.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.
4. Client Responsibilities
By engaging our services, you agree to:
- Provide accurate and complete information as requested
- Respond to requests for feedback, approvals, and information in a timely manner
- Provide access to necessary accounts, platforms, and systems required for service delivery
- Ensure you have the legal right to use all materials, content, and intellectual property you provide to us
- Comply with all applicable laws and regulations
- Pay all fees as agreed in the service agreement
Delays caused by failure to meet these responsibilities may impact project timelines and deliverables. OnMedia is not liable for delays resulting from Client non-responsiveness or failure to provide required materials.
5. Fees and Payment
Fees
All fees are outlined in the specific service agreement or proposal provided to the Client. Fees may include:
- Monthly retainer fees
- Project-based fees
- Hourly consulting fees
- Media spend and advertising budgets (where applicable)
Unless otherwise stated, all fees are quoted in Kenya Shillings (KES) and are exclusive of applicable taxes.
Payment Terms
- Invoices are issued as specified in the service agreement
- Payment is due within 14 days of invoice date unless otherwise agreed
- For retainer engagements, payment is due in advance of each service period
- For project work, a deposit may be required before work commences
Late Payment
Late payments may incur interest at a rate of 2% per month on the outstanding balance. OnMedia reserves the right to suspend services until outstanding payments are received.
6. Intellectual Property
Client Materials
You retain ownership of all materials, content, brand assets, and intellectual property you provide to us. By providing these materials, you grant OnMedia a non-exclusive licence to use them solely for the purpose of delivering the agreed services.
OnMedia Deliverables
Upon full payment of all fees, ownership of final deliverables transfers to the Client, except for:
- Pre-existing OnMedia intellectual property, tools, and methodologies
- Third-party materials, stock images, fonts, or software licensed for use
- Proprietary frameworks and processes developed by OnMedia
OnMedia retains the right to use general knowledge, skills, and experience gained during the engagement for other clients.
Portfolio Rights
Unless otherwise agreed in writing, OnMedia may reference the Client relationship and display samples of work in our portfolio, website, case studies, and marketing materials.
7. Confidentiality
Both parties agree to keep confidential all non-public information disclosed during the engagement, including:
- Business strategies and plans
- Financial information
- Customer data
- Proprietary methodologies
- Any information marked as confidential
Confidentiality obligations do not apply to information that:
- Is publicly available through no fault of the receiving party
- Was already known to the receiving party before disclosure
- Is independently developed without use of confidential information
- Is required to be disclosed by law
Confidentiality obligations survive termination of the service agreement for a period of two (2) years.
8. Data Protection
OnMedia processes personal data in accordance with the Kenya Data Protection Act, 2019.
Where OnMedia processes personal data on behalf of the Client, we act as a data processor and will:
- Process data only on documented instructions from the Client
- Ensure appropriate security measures are in place
- Assist the Client in responding to data subject requests
- Delete or return all personal data upon termination of services
The Client remains the data controller and is responsible for ensuring lawful collection and processing of personal data provided to OnMedia.
9. Disclaimers and Limitations
No Guarantees
Digital marketing involves variables beyond OnMedia’s control, including search engine algorithms, competitor actions, market conditions, and platform policies.
While we employ best practices and proven strategies, we do not guarantee specific results, rankings, traffic volumes, or revenue outcomes.
Limitation of Liability
To the maximum extent permitted by law, OnMedia’s total liability for any claims arising from services shall not exceed the total fees paid by the Client in the six (6) months preceding the claim.
OnMedia is not liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or business opportunities
- Damages resulting from third-party actions or platform changes
- Damages resulting from Client-provided materials or instructions
Third-Party Services
Our services may involve third-party platforms, tools, and services (such as Google, Meta, hosting providers, and analytics tools). OnMedia is not responsible for the actions, policies, or availability of these third parties.
10. Term and Termination
Term
The term of engagement is specified in the service agreement. Retainer engagements typically operate on a monthly basis unless otherwise agreed.
Termination by Client
You may terminate services by providing written notice as specified in the service agreement. Unless otherwise stated, a minimum of 30 days notice is required.
Termination by OnMedia
We may terminate services with 30 days written notice, or immediately if:
- The Client breaches these Terms or the service agreement
- Payment remains outstanding for more than 30 days
- The Client engages in illegal or unethical conduct
- Continuing the engagement would violate applicable law
Effect of Termination
Upon termination:
- All outstanding fees become immediately due
- OnMedia will deliver all completed work for which payment has been received
- Client access to OnMedia systems and accounts will be revoked
- Confidentiality obligations continue as specified
11. Indemnification
You agree to indemnify and hold harmless OnMedia, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your breach of these Terms
- Your violation of applicable law
- Materials or content you provide that infringe third-party rights
- Your use of deliverables in a manner not authorised by OnMedia
12. Dispute Resolution
Informal Resolution
In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation.
Mediation
If informal resolution fails, disputes shall be submitted to mediation before pursuing other remedies. Mediation shall be conducted in Nairobi, Kenya.
Governing Law
These Terms are governed by the laws of Kenya. Any legal proceedings shall be brought in the courts of Kenya.
13. General Provisions
Entire Agreement
These Terms, together with any service agreement or proposal, constitute the entire agreement between the parties and supersede all prior discussions and agreements.
Amendments
OnMedia may amend these Terms at any time by posting updated terms on our website. Continued use of services after changes constitutes acceptance of the revised Terms.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or the right to enforce it later.
Assignment
You may not assign your rights or obligations under these Terms without our written consent. OnMedia may assign our rights and obligations to a successor entity in connection with a merger, acquisition, or sale of assets.
Force Majeure
Neither party is liable for delays or failure to perform due to circumstances beyond reasonable control, including natural disasters, acts of government, civil unrest, or internet disruptions.
14. Contact Information
For questions about these Terms, contact us at:
OnMedia Vima Plaza, Muthiga Nairobi, Kenya
Email: hello@onmedia.co.ke Phone: +254 724 433 799