Terms of Service

Definitions

• "Client" means any individual or business entity that posts jobs and hires freelancers on the Platform.
• "Freelancer" means any individual who provides services to Clients through the Platform.
• "MbogaCoins" means the digital currency used on the Platform (1 KES = 1 MbogaCoin).
• "Platform" means the KaziMboga website, mobile application, and all related services.
• "Service" means all services provided by KaziMboga through the Platform.
• "User" means any person who accesses or uses the Platform, including Clients and Freelancers.

1. Acceptance of Terms

By accessing or using the KaziMboga platform ("Platform", "Service") operated by KaziMboga ("Company", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Service.

2. Description of Service

KaziMboga is a Kenyan freelancing marketplace that connects clients with freelancers through a digital currency system called MbogaCoins. Our platform facilitates:

• Job posting and bidding between clients and freelancers
• Secure payment processing through MbogaCoins
• Communication and project management tools
• Escrow services for secure transactions
• Rating and review systems

3. User Accounts and Registration

3.1 Account Creation

• You must provide accurate, complete, and current information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must be at least 18 years old to use our Service
• One person or entity may maintain only one account

3.2 Account Types

• Freelancer Accounts: For individuals seeking work opportunities
• Client Accounts: For individuals or businesses posting jobs
• Admin Accounts: For platform administrators (restricted access)

3.3 Account Security

• You are responsible for all activities under your account
• Notify us immediately of any unauthorized use
• We reserve the right to suspend or terminate accounts for security violations

3.4 Data Integrity & Multiple Account Policy

4. MbogaCoins System

4.1 Digital Currency

• MbogaCoins are our platform's digital currency (1 KES = 1 MbogaPoint)
• Minimum purchase: 50 MbogaCoins
• MbogaCoins are used for job applications, payments, and platform fees

4.2 Purchase and Redemption

• Purchase through local payment methods and cards supported by Paystack, Stripe, PayPal, or other approved payment methods
• Redeem for cash via M-Pesa, PayPal, or bank transfer
• Withdrawal fees may apply (currently 10%)
• All transactions are final and non-refundable except as specified

4.3 Platform Jobs and Refunds

• Platform-created jobs may offer partial refunds (60-75%) for unsuccessful bids
• Refund policies are clearly stated for each platform job
• Standard client jobs do not offer bid refunds

5. Job Posting and Bidding

5.1 Client Responsibilities

• Provide accurate job descriptions and requirements
• Set realistic budgets and timelines
• Respond to applications in a timely manner
• Pay freelancers upon satisfactory completion
• Maintain professional communication

5.2 Freelancer Responsibilities

• Provide accurate skills and experience information
• Submit quality proposals and work
• Meet agreed-upon deadlines
• Communicate professionally with clients
• Deliver work as specified in job requirements
• Freelancers are solely responsible for reporting and paying any taxes applicable to their earnings

5.3 Job Application Process

• Freelancers spend MbogaCoins to apply for jobs
• Applications are binding commitments
• Clients review applications and select freelancers
• Selected freelancers receive payment in MbogaCoins upon completion

6. Payment and Escrow System

6.1 Escrow Protection

• Client payments are held in escrow until job completion
• Funds are released upon client approval or dispute resolution
• Escrow provides protection for both parties

6.2 Payment Terms

• All payments are processed through our secure payment system
• Payment disputes are handled through our resolution process
• Refunds are subject to our refund policy

6.3 Platform Fees

• We charge fees for platform services as disclosed at the time of transaction
• Fees are deducted from payments before disbursement
• Fee structure may be updated with 30 days' notice

7. Prohibited Activities

7.1 General Prohibitions

You may not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Post false, misleading, or fraudulent information
• Spam or send unsolicited communications
• Attempt to circumvent our security measures
• Use the platform for illegal activities

7.2 Job-Related Prohibitions

• Post jobs that violate our content policies
• Submit plagiarized or stolen work
• Engage in price manipulation or collusion
• Create fake accounts or misrepresent identity
• Circumvent our payment system

8. Intellectual Property Rights

8.1 Platform Content

• All platform content is owned by KaziMboga or our licensors
• You may not copy, modify, or distribute our content without permission
• Our trademarks and logos are protected intellectual property

8.2 User Content

• You retain ownership of content you create and upload
• You grant us a license to use your content for platform operations
• You are responsible for ensuring you have rights to all content you post

8.3 Work Product

• Freelancers retain ownership of work created for clients
• Clients receive a license to use completed work as agreed
• Ownership terms should be specified in job agreements

9. Dispute Resolution

9.1 Internal Resolution

• We provide dispute resolution services for platform-related issues
• Both parties must participate in good faith
• Our decision is binding for platform-related matters

9.2 External Resolution

• Unresolved disputes will first be referred to arbitration in Nairobi, Kenya, under the Arbitration Act, before court proceedings
• Governing law: Laws of Kenya
• Jurisdiction: Courts of Kenya

10. Limitation of Liability

10.1 Service Availability

• We strive for 99.9% uptime but do not guarantee uninterrupted service
• We are not liable for service interruptions or technical issues
• Users should maintain backups of important data

10.2 User Interactions

• We facilitate connections but do not control user behavior
• Users are responsible for their interactions and agreements
• We are not liable for disputes between users

10.3 Financial Losses

• Our liability is limited to the amount of fees paid to us
• We are not liable for indirect, consequential, or punitive damages
• Users assume risk for their business decisions
• Nothing in these Terms limits liability for fraud, willful misconduct, or where prohibited by law

11. Force Majeure

11.1 Definition

• Force Majeure events include but are not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government actions, internet outages, strikes, labor disputes, power failures, or other events beyond our reasonable control

11.2 Effect on Service

• We shall not be liable for any failure or delay in performance under these Terms due to Force Majeure events
• We will make reasonable efforts to minimize the impact of such events on our services
• Users acknowledge that service interruptions may occur due to circumstances beyond our control

11.3 Notification

• We will provide reasonable notice of any significant service interruptions when possible
• Users should maintain backups of important data and communications
• We will resume normal operations as soon as reasonably practicable after Force Majeure events

12. User Safety and Security

12.1 Platform Safety

• All payments must be processed through our platform using MbogaCoins
• Off-platform payments are strictly prohibited and may result in account termination
• Report suspicious users or activities immediately to support@kazimboga.top
• We reserve the right to investigate and take action against suspicious accounts

12.2 User Protection

• Never share personal financial information outside our secure platform
• Use our built-in communication tools for all job-related discussions
• Be cautious of users requesting work outside the platform
• Report any harassment, threats, or inappropriate behavior

13. Privacy and Data Protection

• We collect data necessary for platform operation
• See our Privacy Policy for detailed information
• We implement appropriate security measures

12. Termination

12.1 User Termination

• You may terminate your account at any time
• Termination does not affect existing obligations
• Outstanding payments must be completed

12.2 Platform Termination

• We may suspend or terminate accounts for violations
• We may discontinue the service with 30 days' notice
• We will provide reasonable notice for significant changes

13. Modifications to Terms

13.1 Updates

• We may update these Terms from time to time
• Material changes will be communicated 30 days in advance
• Continued use constitutes acceptance of updated Terms

13.2 Notification

• Updates will be posted on our platform
• We may send email notifications for significant changes
• Users should review Terms periodically

14. Governing Law and Jurisdiction

14.1 Applicable Law

• These Terms are governed by the laws of Kenya
• Any disputes will be resolved in Kenyan courts
• International users agree to Kenyan jurisdiction

14.2 Compliance

• Users must comply with applicable local laws
• We may restrict access based on geographic location
• Export control laws may apply to certain services

15. Contact Information

15.1 Support

• Email: support@kazimboga.top
• Website: https://kazimboga.top

15.2 Legal Notices

• Legal inquiries: legal@kazimboga.top
• Copyright issues: copyright@kazimboga.top
• Privacy concerns: privacy@kazimboga.top

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. We will replace unenforceable provisions with valid ones that achieve the same purpose.

17. Entire Agreement

These Terms, together with our Privacy Policy and other platform policies, constitute the entire agreement between you and KaziMboga regarding the use of our Service.