Terms and Conditions

TERMS AND CONDITIONS

Effective Date: January 1st 2026
Platform Name: Tumakazi Jobtech

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you”) and [Platform Name] (“Platform,” “we,” “us,” or “our”).

By accessing, registering on, or using the Platform, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must immediately discontinue use of the Platform.

 

  1. DEFINITIONS
  1. Platform: The website, applications, tools, and services operated by [Platform Name].
  2. User: Any individual or legal entity accessing or using the Platform.
  3. Freelancer: A User offering services through the Platform.
  4. Client: A User engaging Freelancers for services.
  5. Services: Professional services offered by Freelancers.
  6. Escrow: A secure payment-holding mechanism facilitated by the Platform.
  7. Dispute: Any disagreement arising from use of the Platform, Services, payments, or escrow.

 

  1. PLATFORM ROLE & LIMITATIONS

The Platform operates solely as a neutral digital marketplace.

  1. The Platform does not employ Freelancers
  2. The Platform does not provide services directly
  3. The Platform is not a party to contracts between Clients and Freelancers

All engagements are independent contracts entered into directly between Users.

 

  1. ELIGIBILITY & ACCOUNT REGISTRATION

To use the Platform, you must:

  1. Be at least 18 years of age
  2. Have the legal capacity to enter binding agreements
  3. Provide accurate, complete, and current information

The Platform reserves the right to verify, suspend, restrict, or terminate accounts at its discretion.

 

 

  1. FREELANCER STATUS & RESPONSIBILITIES

Freelancers acknowledge that they:

  1. Operate as independent contractors
  2. Are solely responsible for taxes, licenses, permits and compliance
  3. Must deliver services professionally, ethically and lawfully
  4. Must not misrepresent skills, qualifications or experience

No employment, partnership or agency relationship is created.

 

  1. CLIENT RESPONSIBILITIES

Clients agree to:

  1. Provide clear and accurate project requirements
  2. Act in good faith and professionalism
  3. Pay agreed fees on time
  4. Use delivered work lawfully

Clients understand that outcomes depend on the Freelancer engaged.

  1. PAYMENTS, FEES & TRANSACTIONS
  1. Payment terms are agreed directly between Client and Freelancer
  2. The Platform may facilitate payments, including escrow
  3. The Platform may charge service, transaction or escrow fees, disclosed upfront
  4. The Platform does not guarantee payment, performance or satisfaction

 

  1. ESCROW SERVICES

7.1 Escrow Arrangement

Where available, the Platform may offer escrow services to enhance transaction security.

  1. Clients deposit project funds into escrow
  2. Funds are held until agreed deliverables or milestones are met
  3. Funds are released upon confirmation, completion or dispute resolution

 

7.2 Authorization

By using escrow, Users authorize the Platform to:

  1. Hold funds on their behalf
  2. Release funds according to these Terms and Platform policies

The Platform is not a bank or financial institution.

 

7.3 Release of Funds

Escrow funds may be released when:

  1. The Client confirms satisfactory completion
  2. No dispute is raised within the review period
  3. A dispute is resolved
  4. The engagement is canceled under Platform rules

 

7.4 Escrow Fees & Liability

  1. Escrow fees, if applicable, are disclosed in advance
  2. Fees are generally non-refundable
  3. The Platform is not liable for service quality or delivery outcomes

 

  1. DISPUTE RESOLUTION

8.1 Good Faith Resolution

Users agree to first attempt to resolve disputes through direct communication in good faith.

 

8.2 Platform-Facilitated Resolution

If unresolved:

  1. Users may submit disputes to the Platform
  2. The Platform may review communications, evidence, and deliverables
  3. The Platform’s role is administrative and facilitative

Any escrow-related determination by the Platform shall be binding, unless overturned by a court of law.

 

8.3 Escrow Disputes

In escrow-related disputes:

  1. Funds may be temporarily frozen
  2. No funds shall be released until resolution
  3. Resolution may occur through:
    1. Mutual agreement
    2. Platform determination
    3. Court order

 

8.4 Formal Legal Proceedings

If disputes remain unresolved:

  1. Either party may pursue legal action
  2. Proceedings must be brought exclusively in the courts specified under Governing Law

 

8.5 Costs

Each party shall bear its own legal costs unless otherwise ordered by a court.

  1. NO ONBOARDING FEES FOR FREELANCERS

Unless explicitly stated:

  1. Freelancers are not charged to register or list their service offerings.
  2. The Platform may conduct pre-screening & verification

 

  1. INTELLECTUAL PROPERTY
  1. Freelancers retain ownership of work until payment is completed
  2. Upon payment, rights transfer as agreed between the parties
  3. Platform content, systems, branding and logos remain the exclusive property of the Platform

 

  1. CONFIDENTIALITY & DATA PROTECTION

Users agree to:

  1. Protect confidential information
  2. Use shared data only for project purposes
  3. Comply with applicable data protection laws

 

  1. PROHIBITED CONDUCT

Users must not:

  1. Commit fraud or impersonation
  2. Circumvent Platform systems
  3. Harass, exploit, or abuse others
  4. Upload illegal or infringing content
  5. Violate intellectual property or privacy rights

Violations may result in immediate termination.

 

  1. DISCLAIMER OF WARRANTIES

The Platform is provided “as is” and “as available.”

The Platform makes no warranties regarding:

  1. Service quality or outcomes
  2. User conduct
  3. Uninterrupted or error-free operation
  1. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Platform shall not be liable for:

  1. Indirect or consequential damages
  2. Loss of income, profits, data or reputation
  3. Disputes between Users

Total liability shall not exceed fees paid to the Platform in the preceding 12 months.

 

 

  1. INDEMNIFICATION

Users agree to indemnify and hold harmless the Platform from claims, damages, or losses arising from:

  1. Breach of these Terms
  2. Misuse of the Platform
  3. Violation of laws or third-party rights
  1. TERMINATION

The Platform may suspend or terminate accounts:

  1. For breach of these Terms
  2. For unlawful or unethical conduct
  3. At its discretion, with or without notice

Users may terminate their accounts at any time.

  1. GOVERNING LAW & JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

All disputes shall be subject to the exclusive jurisdiction of Kenyan courts.

  1. MODIFICATIONS

The Platform reserves the right to modify these Terms at any time. Continued use of the Platform constitutes acceptance of updated Terms.

  1. CONTACT INFORMATION

For legal notices or inquiries, contact:

tumakazijobtech@gmail.com

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