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Terms of Service

Last updated: October 2, 2026

These Terms of Service (“Terms”) govern the use of the website agency83.com.ng and the provision of services by Agency 83 (“Agency 83”, “we”, “us”, or “our”), a business based in Lagos, Nigeria.

By using our website, requesting our services, entering into a project with us, or accepting a proposal, quotation or statement of work issued by Agency 83, you (“Client”, “you”, or “your”) agree to these Terms.

Where Agency 83 and a Client enter into a separate written agreement, proposal, statement of work or contract, that document will apply to the relevant project. If there is a conflict between these Terms and a specific written agreement, the specific written agreement will take precedence to the extent of the conflict.

1. Our Services

Agency 83 provides digital and creative services, which may include:

  • Website design;

  • Website development;

  • WordPress development;

  • Interactive screens and digital experiences;

  • Digital strategy;

  • Digital consulting;

  • Digital transformation consulting;

  • Training and workshops;

  • User experience and interface design;

  • Digital content and creative services;

  • Website maintenance and support; and

  • Other related services agreed with the Client.

The exact services, deliverables, project milestones, timelines and fees will be specified in the applicable proposal, quotation, statement of work or other written agreement.

2. Project Proposals and Scope

Before commencing a project, Agency 83 may provide the Client with a proposal, quotation, scope of work or statement of work.

Unless otherwise stated, the agreed project scope will define:

  • The services to be provided;

  • Deliverables;

  • Project milestones;

  • Estimated timelines;

  • Client responsibilities;

  • Fees and payment arrangements; and

  • Any assumptions or limitations applicable to the project.

Agency 83 is not responsible for work or deliverables that fall outside the agreed scope.

Requests for additional features, pages, functionality, integrations, design concepts, revisions or other work outside the agreed scope may be treated as additional work and may incur additional fees.

3. Changes to Project Scope

The Client may request changes to the agreed scope.

Agency 83 will determine whether a request is within the existing scope or constitutes additional work.

Additional work may require:

  • Additional fees;

  • Additional development or design time;

  • Changes to the project schedule; or

  • A separate statement of work.

Where reasonably practicable, Agency 83 will communicate the impact of a significant change before carrying out the additional work.

Agency 83 is not required to undertake substantial additional work without agreement on the applicable scope, fees and timeline.

4. Client Responsibilities

Successful delivery of a project depends on reasonable cooperation from the Client.

The Client agrees to:

  • Provide accurate and complete information reasonably required for the project;

  • Provide content, images, branding materials, credentials and other materials where required;

  • Provide timely feedback and approvals;

  • Ensure that materials supplied to Agency 83 may lawfully be used;

  • Identify an appropriate person authorised to provide instructions and approvals;

  • Review deliverables within a reasonable period;

  • Make payments when due; and

  • Cooperate reasonably with Agency 83 throughout the project.

Agency 83 will not be responsible for delays caused by the Client’s failure to provide information, materials, approvals, feedback, access or other dependencies reasonably required for the project.

5. Project Timelines

Agency 83 will make reasonable efforts to meet agreed project timelines.

Unless expressly stated otherwise in writing, project dates are estimates rather than guaranteed deadlines.

A project timeline may be affected by:

  • Delays in receiving Client materials;

  • Delays in receiving Client feedback or approval;

  • Scope changes;

  • Third-party services;

  • Technical problems;

  • Hosting or domain issues;

  • Client-requested pauses;

  • Force majeure events; or

  • Other circumstances outside Agency 83’s reasonable control.

Where Client delays materially affect a project, Agency 83 may revise the project schedule accordingly.

6. Fees and Payment

Fees will be stated in the applicable proposal, quotation, statement of work or invoice.

Unless otherwise agreed in writing:

  • Fees are payable according to the agreed payment schedule;

  • The Client is responsible for providing accurate billing information;

  • Additional work may be charged separately;

  • Third-party costs may be payable by the Client; and

  • Applicable taxes, duties or governmental charges may be added where required by law.

Agency 83 reserves the right to suspend work where an undisputed payment is overdue.

Suspension caused by non-payment may affect the project timeline.

7. Third-Party Costs and Services

Some projects may require third-party services, including:

  • Domain registration;

  • Website hosting;

  • Premium software;

  • Plugins and themes;

  • Fonts;

  • Stock photography or video;

  • Email services;

  • Payment gateways;

  • APIs;

  • Cloud services;

  • Advertising platforms;

  • Analytics platforms; or

  • Other external services.

Unless expressly included in the project fee, third-party costs are the responsibility of the Client.

Third-party services are subject to the relevant provider’s own terms, pricing, availability and policies.

Agency 83 does not guarantee the continued availability, pricing, compatibility or functionality of third-party services.

8. Hosting and Domain Names

Where Agency 83 assists with domain registration or hosting, ownership and control arrangements will be determined by the applicable project agreement.

Unless otherwise agreed, the Client remains responsible for maintaining ownership of its domain name and paying applicable renewal fees.

Agency 83 is not responsible for domain expiry, suspension, registrar disputes, hosting outages or other third-party infrastructure issues where those matters are outside Agency 83’s reasonable control.

9. Design and Revisions

Unless otherwise specified in writing, project fees include only the number of design concepts, revisions or review rounds stated in the applicable proposal.

A revision means a reasonable modification to an existing design or deliverable within the agreed scope.

A fundamentally different design direction or request made after approval of a design may constitute additional work.

Once a Client approves a design, structure or other project element, subsequent changes may be treated as additional work.

10. Website Development and Functionality

Agency 83 will develop websites and digital experiences according to the agreed specifications.

Website functionality may depend on:

  • Hosting infrastructure;

  • Browsers and devices;

  • Operating systems;

  • WordPress or other content-management systems;

  • Plugins;

  • APIs;

  • Third-party services;

  • Internet connectivity; and

  • Future software updates.

Agency 83 will make reasonable efforts to ensure compatibility with commonly used browsers and devices where such compatibility forms part of the agreed project scope.

We do not guarantee compatibility with every device, browser, operating system, plugin or third-party service.

11. Website Content

Unless otherwise agreed, the Client is responsible for providing final content, including:

  • Text;

  • Images;

  • Videos;

  • Product information;

  • Prices;

  • Contact information;

  • Legal notices;

  • Policies; and

  • Other business information.

The Client is responsible for ensuring that information supplied to Agency 83 is accurate and lawful.

Agency 83 may rely on Client-provided information without independently verifying its accuracy.

12. Client-Supplied Materials

The Client represents that it has the necessary rights, permissions and licences to provide materials to Agency 83 for use in the project.

This includes, where applicable:

  • Logos;

  • Photographs;

  • Videos;

  • Written content;

  • Fonts;

  • Software;

  • Trademarks;

  • Product images; and

  • Other intellectual property.

The Client agrees to indemnify Agency 83 against claims arising from the unauthorised use of Client-supplied materials, to the extent permitted by applicable law.

13. Intellectual Property

Unless otherwise agreed in writing, Agency 83 retains ownership of its pre-existing intellectual property, including:

  • Design systems;

  • Frameworks;

  • Templates;

  • Reusable code;

  • Development methods;

  • Processes;

  • Concepts;

  • Tools;

  • Libraries;

  • Know-how; and

  • Other materials developed independently of the Client’s specific project.

Upon full payment of all amounts due for the relevant project, ownership or licensing of the final Client-specific deliverables will be transferred to the Client as specified in the applicable proposal or agreement.

Unless expressly agreed otherwise, transfer of a final deliverable does not transfer Agency 83’s ownership of its underlying reusable tools, frameworks, methods, libraries or know-how.

14. Third-Party Intellectual Property

Third-party materials used in a project remain subject to the relevant third party’s licence or usage terms.

This may include:

  • Stock photography;

  • Stock video;

  • Fonts;

  • Plugins;

  • Software libraries;

  • Themes;

  • APIs;

  • Icons;

  • Templates; and

  • Other licensed resources.

The Client may be required to purchase or maintain separate licences for certain third-party materials.

15. Portfolio and Promotional Use

Unless otherwise agreed in writing, Agency 83 may display completed work in its portfolio, website, social-media channels, presentations and other promotional materials.

Agency 83 will take reasonable care not to disclose confidential information when doing so.

If a Client requires a project to remain confidential or unpublished, this should be agreed in writing before the project begins.

16. Website Maintenance and Support

Website development does not automatically include ongoing maintenance or support unless expressly stated in the applicable agreement.

Maintenance services may include:

  • Software updates;

  • Security updates;

  • Content changes;

  • Bug fixes;

  • Backups;

  • Performance optimisation; or

  • Other support services.

The scope and fees for maintenance or support will be agreed separately where applicable.

17. Security

Agency 83 will take reasonable measures to develop and maintain websites securely within the agreed scope.

However, no website, hosting environment, software or internet-connected system can be guaranteed to be completely secure.

Security can be affected by:

  • Third-party software;

  • Outdated plugins;

  • Weak passwords;

  • Hosting configuration;

  • Client modifications;

  • Compromised accounts;

  • Server vulnerabilities;

  • Third-party integrations; and

  • Other factors outside Agency 83’s reasonable control.

Where the Client manages or modifies its website after delivery, Agency 83 cannot guarantee that subsequent modifications will maintain the original security or functionality.

18. Search Engines and Digital Marketing

Where Agency 83 provides SEO, digital marketing, advertising or related services, we will use reasonable professional efforts to perform the agreed services.

However, Agency 83 does not guarantee:

  • Specific search-engine rankings;

  • Specific advertising results;

  • A particular number of leads;

  • Sales or revenue;

  • Website traffic;

  • Social-media growth; or

  • Any other specific commercial outcome,

unless expressly guaranteed in a separate written agreement.

Search engines, advertising platforms and social-media platforms may change their algorithms, policies, pricing or functionality without notice.

19. Training and Consulting

Training and consulting services are provided according to the agreed scope.

Training materials, recommendations and advice are provided based on the information available to Agency 83 at the time.

The Client remains responsible for decisions it makes and actions it takes following training or consulting services.

Agency 83 does not guarantee a particular business, financial, employment, marketing or operational outcome from training or consulting.

20. Client Approval and Acceptance

The Client is responsible for reviewing deliverables and communicating any material issues within a reasonable period.

A deliverable may be considered accepted where:

  • The Client expressly approves it;

  • The Client publishes or launches it;

  • The Client uses it commercially; or

  • The Client fails to identify material issues within the agreed review period.

Acceptance does not prevent the Client from raising legitimate defects covered by the agreed project scope or applicable warranty.

21. Cancellation and Termination

Either party may terminate a project where permitted by the applicable agreement or these Terms.

Agency 83 may suspend or terminate services where:

  • The Client fails to make required payments;

  • The Client materially breaches these Terms;

  • The Client requests unlawful or unethical work;

  • The Client repeatedly fails to provide information or approvals necessary to continue the project; or

  • Continued performance becomes impractical due to circumstances outside Agency 83’s reasonable control.

If a project is terminated after work has commenced, the Client remains responsible for payment for work properly completed and approved expenses incurred up to the effective date of termination, subject to the applicable agreement and applicable law.

22. Refunds

Refund arrangements will depend on the applicable proposal, contract and stage of the project.

Fees relating to work already completed, third-party costs already incurred, licences purchased or other non-recoverable expenses may not be refundable.

Nothing in these Terms excludes any refund or consumer protection right that cannot lawfully be excluded.

23. Confidentiality

Each party may receive confidential information belonging to the other party during a project.

Each party agrees to take reasonable steps to protect confidential information and not disclose it to third parties except:

  • With the other party’s permission;

  • To professional advisers or service providers who need the information;

  • Where required by law; or

  • Where reasonably necessary to perform the agreement.

Confidential information does not include information that is publicly available through no breach of confidentiality, was already lawfully known, or is independently developed without using the other party’s confidential information.

24. Data Protection

Agency 83 may process personal data in connection with its website and provision of services.

Our processing of personal data is described in our Privacy Policy.

Where Agency 83 processes personal data on behalf of a Client as part of a project, the parties may enter into additional data-processing terms where required by applicable law.

The Client is responsible for ensuring that personal data and other information supplied to Agency 83 may lawfully be provided and processed.

25. Client Compliance

The Client is responsible for ensuring that its website, content, products, services and business practices comply with applicable laws and regulations.

This may include requirements relating to:

  • Data protection and privacy;

  • Consumer protection;

  • Advertising;

  • Intellectual property;

  • Accessibility;

  • Industry-specific regulation;

  • Taxation;

  • Electronic communications; and

  • Other applicable legal requirements.

Agency 83 may provide technical or design assistance but does not provide legal advice unless expressly agreed as part of a separate professional service.

26. Limitation of Liability

To the fullest extent permitted by applicable law, Agency 83 will not be liable for indirect, incidental, special, consequential or loss-of-profit damages arising from or relating to the use of our website or services.

Agency 83 will not be responsible for losses caused by circumstances outside our reasonable control, including failures of third-party platforms, hosting providers, domain registrars, payment providers, APIs, software providers, internet infrastructure or other external services.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

27. Indemnity

To the extent permitted by applicable law, the Client agrees to indemnify and hold Agency 83 harmless against claims, losses, liabilities, damages and reasonable costs arising from:

  • Client-supplied content or materials;

  • The Client’s unlawful use of a website or digital product;

  • The Client’s breach of these Terms;

  • Infringement caused by materials supplied by the Client; or

  • The Client’s violation of applicable law.

This provision does not apply to the extent that a claim results from Agency 83’s own unlawful conduct, negligence or breach of its contractual obligations.

28. Force Majeure

Agency 83 will not be responsible for failure or delay in performing its obligations where the failure or delay results from circumstances beyond its reasonable control.

Such circumstances may include:

  • Natural disasters;

  • Fire;

  • Flood;

  • War;

  • Civil unrest;

  • Government action;

  • Epidemics or pandemics;

  • Internet or telecommunications failures;

  • Major cyber incidents;

  • Hosting or infrastructure failures;

  • Power failures; or

  • Other events that could not reasonably have been prevented or anticipated.

Where reasonably practicable, Agency 83 will notify the Client of significant delays caused by such circumstances.

29. Website Use

You agree not to use agency83.com.ng:

  • For unlawful purposes;

  • To distribute malware or malicious code;

  • To attempt unauthorised access to our systems;

  • To interfere with website operation;

  • To impersonate another person or organisation;

  • To collect information from the website through unauthorised automated means; or

  • In a manner that could damage Agency 83, its systems or other users.

Agency 83 reserves the right to restrict or terminate access to the website where reasonably necessary to protect the website, its users or its systems.

30. Changes to These Terms

Agency 83 may update these Terms from time to time.

The updated version will be published on this website and will include a revised “Last Updated” date.

Changes to these Terms will not automatically alter the terms of an existing project agreement unless the parties expressly agree otherwise or applicable law requires otherwise.

31. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Nigeria.

Subject to any mandatory rights or remedies available under applicable law, disputes arising from these Terms or Agency 83’s services shall be subject to the jurisdiction of the courts of Nigeria.

For specific client engagements, Agency 83 and the Client may agree to alternative dispute-resolution procedures or jurisdictional arrangements in a separate written agreement.

32. Severability

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.

The invalid or unenforceable provision will, where possible, be interpreted or modified to achieve its intended purpose while remaining legally enforceable.

33. Entire Agreement

These Terms, together with any applicable proposal, quotation, statement of work, contract or other written agreement between Agency 83 and the Client, constitute the agreement governing the relevant services.

No other representation or understanding will override the applicable written agreement unless agreed in writing by the parties.

34. Contact

If you have questions about these Terms or Agency 83’s services, please contact:

Agency 83
Lagos, Nigeria
Website: agency83.com.ng
Email:

By using agency83.com.ng or engaging Agency 83 for services, you acknowledge that you have read and agree to these Terms of Service, subject to any separate written agreement governing your specific engagement.