Legal Document

Terms of Service

The agreement between you and Mukulu Global governing your use of our services and platform.

These Terms of Service (the "Terms") form a binding agreement between you (the "Client," "you") and Mukulu Global ("we," "us," or "our") governing your access to and use of our website, software, and services. By signing up for, accessing, or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

1 Acceptance of Terms

By creating an account, signing a service agreement, or otherwise using any Mukulu Global services, you confirm that:

  • You are at least 18 years old and have the legal capacity to enter into a binding contract.
  • If you are using our services on behalf of a business or organisation, you have the authority to bind that entity to these Terms.
  • You have read, understood, and agreed to these Terms and our Privacy Policy.
  • Your use of our services complies with all applicable laws and regulations in your jurisdiction.

2 Description of Services

Mukulu Global provides a suite of digital services tailored for small and medium businesses, including but not limited to:

  • Web Presence — website design, development, hosting, and maintenance.
  • Business Platform — CMS-powered websites with e-commerce, blogs, and integrated analytics.
  • Marketing Suite — managed social media services, content creation, and community engagement.
  • Launch & Scale — one-time brand setup, content creation, and team training packages.
  • Custom Services — bespoke digital infrastructure and consultancy as agreed in a Statement of Work.

Specific service deliverables, timelines, and pricing are detailed in your chosen plan or a signed Statement of Work ("SOW"). In the event of conflict between an SOW and these Terms, the SOW controls for the specific engagement.

3 Account Registration

3.1 Account Information

You agree to provide accurate, complete, and up-to-date information during registration and to keep it current. Providing false information is grounds for immediate termination.

3.2 Account Security

You are responsible for safeguarding any credentials provided by us or used to access our services. You agree to notify us immediately at hello@mukuluglobal.com if you suspect unauthorised access to your account.

3.3 One Account Per Business

Each business entity is permitted one active account unless otherwise agreed in writing. Account sharing across multiple businesses is not permitted.

4 Subscription Plans & Billing

4.1 Plans & Fees

Our service plans and fees are published on our website and may include one-time setup fees, recurring monthly or annual subscription fees, or project-based fees. Current plan pricing is:

Plan Setup Fee Recurring Fee Billing Cycle
Web Presence $149 $39 / month Monthly
Business Platform $499 $99 / month Monthly
Marketing Suite $379 / month Monthly
Launch & Scale $999 One-time

4.2 Payment Terms

  • All fees are due in advance — setup fees prior to commencement, recurring fees on the monthly anniversary of plan activation.
  • Payment is processed via our authorised payment processor. We do not store payment card details directly.
  • All fees are quoted in U.S. Dollars (USD) unless otherwise specified.
  • Applicable taxes (VAT, GST, sales tax) are additional and the responsibility of the Client.

4.3 Late Payments

Invoices not paid within 7 days of the due date may incur a late fee of 1.5% per month or the maximum permitted by law. Continued non-payment after 30 days may result in service suspension or termination.

4.4 Refunds

Setup fees are non-refundable once work has commenced. Recurring subscription fees are non-refundable for the current billing period. You may cancel future renewals at any time per Section 9.

4.5 Price Changes

We may adjust our pricing with at least 30 days' written notice. Price changes will not affect the current billing period and you may cancel before the new pricing takes effect.

5 Acceptable Use Policy

You agree NOT to use our services to:

  • Violate any applicable local, national, or international law or regulation.
  • Publish or transmit content that is illegal, defamatory, obscene, pornographic, harassing, hateful, or that infringes on third-party rights.
  • Engage in fraudulent activity, misrepresent your identity, or impersonate any person or entity.
  • Distribute malware, viruses, or any other malicious code through services we deliver.
  • Send unsolicited bulk messages, spam, or otherwise violate anti-spam laws (CAN-SPAM, CASL, GDPR direct marketing rules).
  • Use our services to compete directly with Mukulu Global or to develop competing offerings.
  • Attempt to gain unauthorised access to our systems or interfere with their operation.
  • Resell, sublicense, or transfer our services to third parties without our written consent.

Violation consequences: Breach of this section may result in immediate suspension or termination of services without refund, removal of offending content, and pursuit of legal remedies. Serious violations will be reported to relevant authorities.

6 Client Content & Intellectual Property

6.1 Your Content

You retain all rights, title, and interest in content you provide to us ("Client Content") — including brand assets, copy, images, videos, customer lists, and any other materials. You grant Mukulu Global a limited, non-exclusive licence to use this content solely for the purpose of delivering the agreed services.

6.2 Work Product

Upon full payment of all amounts due, you own the final deliverables created specifically for your business ("Work Product") — websites, social media content, branded designs, and similar custom outputs. Until full payment, ownership remains with Mukulu Global.

6.3 Mukulu Global Property

We retain all rights to:

  • Our proprietary platform, software, codebases, frameworks, and tooling.
  • Generic templates, reusable code components, and design systems that pre-existed your engagement.
  • Our brand, trademarks, logos, and the Mukulu Global name.
  • Methodologies, processes, and know-how developed during service delivery.

6.4 Portfolio Rights

Unless explicitly agreed otherwise in writing, you grant Mukulu Global the right to display Work Product in our portfolio, case studies, and marketing materials. You may request removal at any time by emailing us.

6.5 Third-Party Assets

Stock photography, fonts, plugins, and other licensed third-party assets used in deliverables remain subject to the original licence terms. We will inform you of any ongoing licensing obligations.

7 Service Level Agreement

For ongoing services (hosting, social media management, maintenance), we commit to the following service levels:

Service Commitment Remedy if Missed
Website uptime 99.9% monthly Pro-rated service credit
Support response (business hours) Within 24 hours Escalation to senior team
Critical issue response Within 4 hours Priority remediation
Social media post schedule Per agreed calendar Make-up posts in next cycle

Uptime calculations exclude planned maintenance windows (notified at least 48 hours in advance) and downtime caused by factors outside our reasonable control (force majeure, third-party platform outages, Client actions).

8 Third-Party Services

Our services may integrate with or rely on third-party platforms (e.g., social media networks, hosting providers, payment processors, analytics tools). These platforms have their own terms and policies. We are not responsible for:

  • Outages, errors, or policy changes by third-party platforms.
  • Account suspension or content removal initiated by third-party platforms.
  • Changes in third-party API access that affect service delivery.
  • Third-party platform fees (e.g., paid ad spend, premium tier upgrades you authorise).

We will use commercially reasonable efforts to maintain integrations and provide alternative solutions when third-party issues arise.

9 Termination

9.1 Termination by You

You may cancel your subscription at any time by providing at least 30 days' written notice to hello@mukuluglobal.com. Your services will continue through the end of the current billing period.

9.2 Termination by Us

We may suspend or terminate your services immediately if:

  • You materially breach these Terms or fail to cure a breach within 14 days of notice.
  • Payment is more than 30 days overdue.
  • You violate the Acceptable Use Policy (Section 5).
  • Continued service delivery becomes unlawful or commercially impossible.
  • You enter insolvency proceedings or cease operations.

9.3 Effect of Termination

Upon termination:

  • Your access to ongoing services ends at the end of the paid period.
  • You will receive a final invoice for any outstanding fees.
  • You may request a copy of your Client Content for 90 days; after that, we may delete it per our data retention policy.
  • Sections that by their nature survive termination (IP, indemnification, liability limits, governing law) remain in effect.

10 Disclaimers & Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

While we work diligently to deliver high-quality services, we do not warrant that:

  • Services will be uninterrupted, error-free, or completely secure.
  • Specific business outcomes (e.g. follower growth, sales increases, search rankings) will be achieved.
  • Defects in third-party platforms or services will be corrected.

Where applicable law does not permit exclusion of warranties, the warranties are limited to the maximum extent permitted by law.

11 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUKULU GLOBAL'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

In no event shall Mukulu Global be liable for:

  • Indirect, incidental, special, consequential, or punitive damages.
  • Lost profits, lost revenue, lost data, or business interruption.
  • Damages arising from third-party actions, platform changes, or force majeure events.
  • Costs of substitute goods or services.

These limitations apply regardless of the legal theory (contract, tort, statute, etc.) and even if we have been advised of the possibility of such damages.

12 Indemnification

You agree to defend, indemnify, and hold harmless Mukulu Global, its officers, employees, and contractors from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your Client Content or instructions provided to us.
  • Your violation of these Terms or any applicable law.
  • Your infringement of any third-party rights (IP, privacy, publicity).
  • Disputes between you and your customers or end users.

We will provide prompt notice of any claim and reasonable cooperation in defending it. You will not settle any claim that affects Mukulu Global without our prior written consent.

13 Governing Law & Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the jurisdiction in which Mukulu Global is registered, without regard to conflict-of-law principles.

13.2 Good-Faith Resolution

Before initiating formal legal proceedings, you agree to attempt to resolve any dispute by contacting us at hello@mukuluglobal.com. We will work in good faith to resolve disputes within 30 days.

13.3 Arbitration / Jurisdiction

Any disputes not resolved through good-faith negotiation shall be submitted to binding arbitration or to the exclusive jurisdiction of the courts in our registered jurisdiction, at our election. You waive any objection to venue or jurisdiction on those grounds.

13.4 No Class Actions

You agree that disputes will be resolved on an individual basis and not as part of a class, collective, or representative action.

14 Changes to These Terms

We may update these Terms from time to time. When we do, we will:

  • Update the "Effective Date" at the top of this page.
  • Notify active Clients via email of material changes at least 30 days before they take effect.
  • Post the updated Terms on our website.

Continued use of our services after the effective date constitutes acceptance of the updated Terms. If you do not agree to material changes, you may terminate your service agreement per Section 9.1.

15 Contact Us

If you have questions about these Terms or our services, please contact us:

Questions about these Terms?

Our team responds to all legal enquiries within 2 business days.

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