Terms & Conditions

1. About us

Next Level Marketing Agency provides marketing services for the hospitality industry, including halal hospitality consulting, food photography, drone and aerial photography, videography, special-occasion coverage, social media marketing, PR and reputation management, and hospitality training.

• Address: Ground Floor, Iconic Plaza Hotel, Market Avenue, Nairobi, Kenya
• Email: info@nextlevelmarketing.co.ke
• Phone: +254 700 129 129

2. Using the Website

You may use the Website to learn about our services and to contact us. You agree not to:

• use the Website in any way that breaks the law or infringes anyone’s rights;
• send false, misleading, abusive or spam enquiries, or submit someone else’s details without their permission;
• attempt to gain unauthorised access to the Website, its servers or any connected systems, or interfere with its operation (including through viruses, automated scraping or overloading it); or
• copy, reproduce or republish the Website’s content except as allowed in section 7.

We may suspend access to the Website, or refuse to respond to enquiries, where these Terms are broken.

3. Information on the Website

We aim to keep the Website accurate and up to date, but its content is general information about our services and is not an offer capable of acceptance. Service descriptions do not guarantee any particular result, such as bookings, revenue, reviews or media coverage. We may change the Website, and the services we describe, at any time.

Some photographs and videos on the Website are licensed images used to illustrate our services. They are not presented as client work. Where a licence requires it, the photographer or creator is credited next to the image.

4. Enquiries, quotes and proposals

• Submitting a quote request, or messaging us, does not create a contract. It lets us understand your needs and prepare a proposal.
• Our prices are not published on the Website. Each quote or proposal sets out the scope, deliverables, fees, timeline and any payment schedule for that project.
• Quotes are based on the information you give us and are valid for the period stated in them. If the scope changes, the fees and timeline may change too, and we will agree any changes with you before proceeding.
• A contract is formed when you accept our proposal in writing (including by email) or pay any deposit it requires.

5. How we work together

To deliver good work on time, we both have responsibilities.

We will:

• perform the services with reasonable skill and care, in line with the agreed scope;
• keep you informed of progress and anything that could affect the timeline; and
• treat your property, guests, staff and confidential information with discretion.

You will:

• give us accurate information, timely feedback and approvals, and access to your property, people and accounts as agreed;
• make sure you have the rights to any materials you give us to use, such as logos, photographs, menus and text;
• obtain any consent needed from guests, staff or other people who will appear in photography or film at your property, and tell us of any areas, people or moments that must not be captured; and
• check content we prepare for you before approving it. Once approved, you are responsible for its accuracy, including prices, menu details and claims about your property.

Delays caused by late information, approvals or access may move the timeline and, where they cause extra work, may be charged as agreed in your proposal.

6. Photography, filming and drone work

• Shoot dates are confirmed in writing. Outdoor and aerial work depends on weather and light; where conditions would compromise the result or safety, we will agree a new date with you.
• Drone flights are carried out only where they can be flown lawfully and safely, subject to any permissions a site requires. We may decline or stop a flight for safety, legal or privacy reasons.
• Rescheduling and cancellation terms, including any fees, are set out in your proposal. Where no terms are stated, please give us as much notice as possible so we can rearrange.
• We select and edit the final images and footage using our professional judgement, within the agreed brief. Unedited files are not included unless your proposal says so.

7. Intellectual property and usage rights

The Website, including its text, design, graphics and our own photography, belongs to us or our licensors. You may view and share pages for personal or internal business use, but you may not reproduce, republish or use our content commercially without our written permission. Credited third-party images remain the property of their creators under their licences.

For client work:

• Once you have paid in full, you receive the usage rights to the final deliverables that your proposal describes. Unless the proposal says otherwise, this is a non-exclusive, perpetual licence to use them to market your business across your own channels, including your website, social media, listings, printed material and advertising.
• We keep the copyright in the photographs, film and other creative work we produce, unless we agree in writing to transfer it.
• You may not resell the deliverables, license them to others, or use them to promote a different business without our agreement.
• We may show the work in our portfolio, website, social media and awards entries only with your permission, which you may give or refuse when we ask.
• Materials you provide to us remain yours. You give us permission to use them for the purpose of delivering your project.

8. Fees and payment

Fees, deposits and payment dates are set out in your quote or proposal and our invoices. Unless stated otherwise, fees are in Kenyan shillings and exclude applicable taxes, and third-party costs agreed in advance (such as travel outside Nairobi, venue or location fees, licensed music, advertising spend or specialist equipment hire) are charged in addition. We may pause work, or withhold final deliverables and usage rights, while payments are overdue.

9. Third-party platforms and results

Social media platforms, review sites, booking and delivery apps, search engines and media outlets are run by third parties who control their own rules, algorithms and decisions. We are not responsible for their actions, including changes in reach, account restrictions, removed content, or whether a journalist publishes a story. Marketing results depend on many factors outside our control, so we do not guarantee specific outcomes.

10. Confidentiality

Each of us will keep confidential any non-public information the other shares about its business, guests, plans or finances, and use it only for the purpose of the project. This does not apply to information that is already public, or that must be disclosed by law.

11. Liability

• Nothing in these Terms limits liability that cannot be limited under Kenyan law, including liability for death or personal injury caused by negligence, or for fraud.
• The Website is provided “as is”. We do not guarantee that it will always be available, uninterrupted or free from errors, and we are not liable for loss caused by relying on its general information.
• We are not liable for indirect or consequential loss, or for loss of profit, revenue, bookings, data or goodwill.
• Our total liability to you in connection with a project is limited to the fees you have paid us for that project.
• You are responsible for, and will compensate us for, losses we suffer as a result of materials you supply infringing someone else’s rights, or of consents you were responsible for obtaining not being in place.

12. Ending a project

Either of us may end a project by written notice if the other seriously breaches these Terms or the proposal and does not put it right within 14 days of being asked. If a project ends early, you will pay for work carried out and costs committed up to that point, and we will deliver the completed work covered by those payments.

13. Events outside our control

Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as severe weather, natural disasters, civil unrest, government restrictions, power or internet outages, or serious illness. We will tell each other promptly and agree how to proceed, including rescheduling.

14. Privacy

We handle personal data as described in our Privacy Policy, which forms part of these Terms.

15. Governing law and disputes

These Terms, and any dispute arising from them or from the Website or our services, are governed by the laws of Kenya.

If a dispute arises, we will first try to resolve it through good-faith discussion. Either of us may start that process by writing to the other with details of the issue. If it is not resolved within 30 days, either of us may refer it to the courts of Kenya, which will have exclusive jurisdiction.

16. General

• If any part of these Terms is found to be unenforceable, the rest remains in effect.
• If we do not enforce a right immediately, we can still enforce it later.
• You may not transfer your rights under these Terms without our written consent.
• We may update these Terms from time to time. The version on the Website on the date you engage us applies to your project; the date at the top shows the latest update.

17. Contact us

For any question about these Terms, or to raise a concern, contact us:

• Next Level Marketing Agency
• Ground Floor, Iconic Plaza Hotel, Market Avenue, Nairobi, Kenya
• Email: info@nextlevelmarketing.co.ke
• Phone: +254 700 129 129