Terms of Service
Terms & Conditions
The following Terms and Conditions of Service apply to all products and services provided by DerrickSteven Design (referred to as “DSD”). In the event of any disputes, these terms are governed by the laws of the Republic of Kenya. Throughout this website, terms such as “DSD,” “Ds Studio,” “Ds Studio KE,” “DSD Design-Build,” “Designer,” “we,” “us,” and “our” refer to DerrickSteven Design. DSD offers this website – including all information, tools, and services available on this site – subject to your acceptance of all terms, conditions, policies, and notices stated herein. All work carried out by DSD is done under the understanding that the Client has agreed to these terms and conditions.
Copyright for all design work, including text, images, ideas, drawings, visuals, and illustrations, is retained by DSD unless there is a specific written agreement to release it, and all costs have been settled.
If multiple design options are presented, the design chosen for your project will be considered the fulfilling solution of our contract. All other designs will remain the property of DSD unless otherwise agreed upon in writing.
Section 1 – Project Workflow
The DSD project workflow includes four phases or milestones:
Conceptualisation Phase
Schematic Design/ Concept Development Phase
Detail Design/ Concept Refinement Phase
Construction/ Implementation Phase
Section 2 – Project Acceptance
At the beginning of the project, DSD will conduct a Design Brief Meeting with the Client to establish the project narrative, expectations, and parameters. The project budget will also be discussed during this meeting. The Client is required to establish a project budget before DSD proceeds with the Scope of Service. This budget should include reasonable contingencies that meet the project’s requirements.
At the time of proposal, DSD will send the Client a written Design Brief or quotation via email. These Terms and Conditions can be viewed at any time on the DSD website: https://derricksteven.com/terms/.
The Client must sign and date a copy of the Design Brief or quotation to indicate acceptance and return it to DSD. Alternatively, the Client may send an official purchase order in response to the estimate or quotation, which will bind the Client to the acceptance of our terms and conditions, or an email acknowledging acceptance of the quotation.
For clarification, the DSD Terms and Conditions govern the job, rather than any conditions outlined in the Client’s purchase order.
Section 3 – Design Charges
Charges for design services provided by DSD will be specified in the written Design Brief or quotation given to the Client. Once the Client signs and accepts this estimate or quotation, indicating their agreement to the Terms and Conditions, a non-refundable payment of twenty-five (25) percent of the quoted fee will be due immediately.
Unless otherwise agreed upon, all design services require an advance payment of at least twenty-five (25) percent of the total project quotation before work begins or before any materials are provided to the Client for review. The remaining seventy-five (75) percent of the total project quotation will be due upon the completion of each project phase, prior to the release of any materials.
Section 4 – Charges for Additional Services
The Scope of Service will be clearly defined in writing. Any changes or additions to this scope must be documented through a written change order. The client is not authorised to direct or approve any changes to the Scope of Service without prior written consent from DSD. Charges for any additional services requested during the project, which exceed the estimated time or fall outside the defined scope, will be due in full (100% of the quoted amount) upon acceptance of the estimate or quotation.
Section 5 – Reimbursable Expenses
The Client agrees to pay DSD for all services provided, along with any expenses or costs incurred on the Client’s behalf. Reimbursable expenses include, but are not limited to, consultants’ fees, printing, reproductions, bulk copying, photographic services, long-distance telephone calls, postage, shipping, delivery, travel expenses, lodging, meals, and other project-related out-of-pocket expenses. These items will be reimbursed to DSD at cost plus ten percent (10%), unless a specific cost is outlined below.
- Large-format prints (A1 laminated/photo glossy paper) KES 2,000.00 each
- Plots/ Blueprints (A1) KES 250.00 each
- Printing (A2) KES 200.00 each
- Printing (A3) KES 100.00 each
- Printing + Lamination (A3) KES 200.00 each
- Printing (A4) KES 30.00 each
- Travel mileage rate KES 58.00 per Km
Section 6 – Payment
Payments shall be made via Direct Bank Transfer/Direct Deposit to DSD’s bank account or through M-Pesa Paybill as indicated in the invoice. DSD will send invoices via email or generate a PayPal request upon the completion of each project phase. Invoices are due immediately upon receipt.
Any queries regarding invoices must be submitted via email within fourteen (14) days from the invoice date.
Accounts that remain unpaid for a period of thirty (30) calendar days following the invoice date will incur a late payment interest charge of 5%. Subsequently, an additional charge equivalent to five percent of the outstanding amount shall be applied for each month or part of a month that the payment remains overdue.
Payments can be made through bank transfer, PayPal, or M-Pesa.
Section 7 – Design Schedule
DSD will begin work on the Project within twenty (20) business days of receiving authorisation to proceed. Upon commencement, DSD will prepare a mutually acceptable schedule for the delivery of the Project.
The professional fees for the Project will be based on this schedule. Any modifications, such as accelerated schedules, project delays, or extensions that are not within DSD’s control, are subject to an increase in the Designer’s compensation. If the Scope of Services is not completed within twelve (12) months of the date specified in the Design Brief, and there is no fault on the part of DSD, any services rendered beyond that timeframe will be considered Additional Services.
Payments for the Designer’s services will be made within fifteen (15) calendar days for each completed phase, regardless of any delays in the Project’s completion or reductions in the final Project Cost.
Section 8 – Client Review
Throughout the Conceptualisation Phase, Concept Development Phase, and Concept Refinement Phase, DSD will engage the Client by offering dedicated opportunities to review and provide feedback on the design work. This collaborative process ensures that the Client’s vision and requirements are thoroughly integrated at every stage, fostering a transparent and constructive dialogue to refine the designs to their satisfaction.
Section 9 – Alterations
The Client agrees that any changes beyond the estimated work outlined in the Design Brief, any additions to the agreed scope, or any modifications made by the Client to the provided copy after the approval of the draft design (Design Proposal Presentation) will incur additional charges.
Additionally, the Client acknowledges that DSD is not responsible for any amendments made by third parties, whether those changes occur before or after a design is published.
Section 10 – Design Project Completion
DSD considers the Design Project complete once the Client has submitted a signed Design Approval Form or a sign-off email. Any additional services – such as printing, display panel production, film work, website uploading, publishing, etc. – that are contracted on the Client’s behalf will be treated as separate projects and may incur additional charges.
Section 11 – Source Files
We will provide proofs and PDF files as needed for printing, as well as other graphic files specified in the job scope or request. Please note that charges for design work do not include the release of our copyrighted design source files. These files encompass, but are not limited to, the following formats: dwg, rvt, nwf, ifc, pln, pla, bpn, xls, indd, psd, AI, png, fla, and other source files or raw code. If the Client requires these files for use by in-house or other designers, a separate quote or ‘buy-out’ charge will apply.
Section 12 – Intellectual Property Ownership
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants DSD the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. Additionally, the Client grants DSD permission to use these materials and agrees to indemnify and hold DSD harmless from any claims arising from the Client’s negligence or failure to secure proper copyright permissions.
Notice of Copyright for Construction Projects: All ideas, designs, arrangements, and/or plans represented by the Designer’s drawings will be created, evolved and developed for use on the specific Project. No ideas, designs, arrangements, or plans may be used or disclosed for any other purpose or project without the written permission of DSD.
All documents prepared or provided by DSD as part of the Project Brief are considered instruments of the Designer’s professional service, and DSD will retain ownership and property rights to these documents. DSD grants the Client a license to use these documents solely for the purpose of constructing, operating, and maintaining the specific Project. Any reuse or modification of these documents without written permission from DSD will be at the Client’s own risk. The Client agrees to indemnify and hold DSD harmless from all claims, damages, and expenses, including attorney’s fees, that arise from such reuse or modification by the Client or others acting on behalf of the Client.
Section 13 – Licensing
Any designs, copywriting, drawings, ideas, or code created for the Client by DSD or its contractors are licensed for one-time use only. The Client may not modify, reuse, or redistribute these materials in any form without the express written consent of DSD and its relevant subcontractors.
For all design work, if there is a possibility that another party may make a claim, the Client should register the work with the appropriate authorities before publishing or using it for the first time. Additionally, it is advisable to seek legal advice regarding its use. DSD will not be held responsible for any damages resulting from such claims.
Section 14 – Right of Refusal
DSD will not include in its designs any text, images, or other data that it considers immoral, offensive, obscene, or illegal. All advertising materials must comply with the standards set by the relevant advertising authorities. Additionally, DSD reserves the right to refuse to include submitted material without providing a reason.
If DSD includes any images or data in good faith and later discovers that it violates these Terms and Conditions, the Client agrees to allow DSD to remove the offending material without obstruction or penalty. DSD will not be held responsible for the inclusion of such data.
Section 15 – Termination
Termination of services by the Client may be made initially by telephone contact or electronic means. However, a formal written notification must be sent to DSD’s physical and/or email address afterwards. The Client will be invoiced for all work completed beyond the non-refundable deposit paid at the time of the initial order. The remaining balance must be paid within thirty (30) days.
Please note that any termination of services not formally confirmed in writing and received by DSD within fourteen (14) days of issuing the termination instruction will incur the full quoted cost of the project.
Section 16 – Suspension of Services
DSD retains the right to suspend the provision of services or goods in the event that the Client fails to meet its obligations as outlined in this and any associated agreements.
Section 17 – General
These Terms and Conditions supersede any previous representations, understanding, or agreements distributed in any form. DSD reserves the right to change rates and these Terms and Conditions at any time without prior notice. The Client’s signature on the Design Brief or the payment of an advance fee indicates acceptance of these Terms and Conditions. Digital payments also signify acceptance of our Terms and Conditions.
The headings used in this agreement are for convenience only and do not affect or limit these Terms and Conditions.
For information on how we handle your data, please review our Privacy Policy.
Section 18 – Dispute
In the event of a dispute arising under this Agreement, the parties agree to attempt resolution through Mediation. If the dispute is not resolved through Mediation within sixty (60) days from the date it arises, the matter will be settled by Arbitration. Each party shall bear its own costs for both Mediation and Arbitration. The Mediation and Arbitration will take place in Nairobi City, Kenya. The parties also agree that the laws of the Republic of Kenya will govern all matters related to these Terms and Conditions.
Section 19 – Disclaimer
DSD provides its services without any warranties, either express or implied. DSD will not be held responsible for any damages resulting from the products and/or services it supplies. This includes any financial losses, such as, but not limited to, loss of business, profits, revenue, contracts, data, or potential savings related to the services provided. While DSD takes reasonable steps to investigate the materials it recommends, it accepts no responsibility for their performance or quality, nor for any consequential loss arising from their failure. The Client agrees not to hold DSD accountable for any such loss or damage. Any claim against DSD will be limited to the fees paid by the Client.
DSD reserves the right to engage subcontractors, agents, and suppliers. All work, content, services, and usage will be governed by their respective Terms and Conditions. DSD will not knowingly take any actions that would contravene these terms, and the Client agrees to abide by them as well.
Both DSD and its Clients agree to adhere to the Terms and Conditions set by Printers and Builders, which include disclaimers regarding non-completion on time and a provision allowing for quantity flexibility within 10% of the total order. DSD recommends that if an exact quantity is required, the Client should add 10% to the order and allow extra time in case of delays.
The Client agrees that DSD is not liable for any failure to carry out services due to circumstances beyond its control. This includes, but is not limited to, acts of God, telecommunication issues, software or hardware failures, third-party interference, government actions, emergencies on a large scale, or extreme social disturbances such as industrial strikes, riots, terrorism, or wars, as well as any acts or omissions by third-party services.
Section 20 – Warranties and Guarantees (Design-Build Projects)
Design-Build Projects entail the integration of both design and construction services. DSD guarantees that all work performed will adhere to professional quality standards, and all materials used will be new and free from defects, unless reclaimed building materials are used with the explicit consent of the Client.
Furthermore, DSD guarantees that all work will be free from defects for a period of one year following the date of completion, taking into consideration reasonable wear and tear.
Section 21 – Indemnification
You agree to indemnify, defend, and hold harmless DSD, as well as our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees. This applies to any claims or demands, including reasonable attorneys’ fees, made by any third party resulting from your breach of these Terms of Service, the documents they incorporate by reference, or your violation of any law or the rights of a third party
DSD shall not be liable for any work that has not been expressly instructed to be supervised in writing by the Designer and accepted in writing, nor for any omissions or deviations from the designs or drawings provided by DSD for implementation or construction. Additionally, DSD will not be responsible for work performed by other nominated consultants and contractors.
Section 22 – Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent allowed by applicable law, and the unenforceable part will be considered severed from these Terms of Service. This determination will not affect the validity and enforceability of the remaining provisions. Any invalid, illegal, or unenforceable provisions will be replaced by a mutually acceptable valid, legal, and enforceable provision that closely aligns with the original intention of the parties involved.
Policy Effective Date
15 October 2025.
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