Provider's Terms of Use
1. What is niajiri.biz?
Niajiri service is a web-based service with the sole intention of bridging the gap between a Service or Product Provider (a professional) in any field and a Service Seeker or Customer.
2. Basic requirements
For a Service or Product Provider to join Niajiri platform they must ensure that they
meet basic business standards that ensure decorum and due diligence while in service of the seekers in the platform. A thorough background check shall be done on the Service Provider before they are allowed to join the platform.
In addition, the Customer undertakes to comply with applicable laws and regulations in the performance of Services for the Users, and otherwise perform their services in a professional manner. Niajiri shall continuously do checks to ensure that the Provider meets the basic requirements set out by Niajiri Limited. Failure to meet the said rigorous requirements entitles Niajiri the right to cancel the Provider right to interact with other customers on the platform.
As authorized to represent the Customer, you agree that yours and Customer's Company Information registered on niajiri.biz will be published on niajiri.biz and its affiliate mobile apps. Customer also agrees that information about user ratings and credit rating is published on niajiri.biz. The Customer further understands that Users, Niajiri Limited and its affiliates may contact the Customer via letter, telephone, e-mail and SMS.
3. Relationships
Project Agreement.
The engagement, contracting and management of a project are between a Customer and a Provider. Upon acceptance of a quote, the Customer agrees to purchase, and the Provider agrees to deliver the services or products and related deliverables in accordance with the following agreements:
a. The agreement between Customer and Provider including the Project Bid, Project
Description, and other terms and conditions as communicated between the Customer and Provider on the platform or otherwise,
b. The agreement between the customer and provider in terms of the price listed for the product advertised by the provider.
c. These Terms of Service, and
d. Any other content uploaded to the platform by niajiri.biz (collectively, the “Project Agreement”).
You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. The Customer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. The Provider is responsible for the performance and quality of the services and products in accordance with the Project Agreement in a timely manner. Customer and Provider each covenant and agrees to act with good faith and fair dealing in performance of the Project Agreement.
Independence.
The Customer and the Provider each acknowledge and agree that their relationship is that of independent contractors. The Provider shall perform services and deliver products as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between the Provider and the Customer or between niajiri.biz and any Customer or Provider.
4. Relationship with Niajiri.biz
Niajiri is not a party to the dealing, contracting and fulfillment of any Project between a Provider and a Customer. Niajiri.biz has no control over and does not guarantee the
quality, safety or legality of any services performed or deliverables/products created,
advertised, the truth or accuracy of project listings, the qualifications, background, products or abilities of Registered Users, the ability of Provider to perform services, quality of the products advertised the ability of Customer to pay for services or products or that a Customer or Provider can or will complete a Project or deliver the Product advertised. Niajiri.biz is not responsible for and will not control the way a Provider operates and is not involved in the hiring, firing, discipline or working conditions of the Provider. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Customer and a Provider. Niajiri.biz will not provide any Service Provider with any materials or tools to complete any Project. Customers and Providers must look solely to the other for enforcement and performance of all the
rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
Third-Party Beneficiary of Project Agreement
Customer and Provider each acknowledge and agree that the value, reputation, and goodwill of the Platform depend on their performance of their covenants and agreements as set forth in their Project Agreement and contractual obligation on purchase and sale of a product. The Customer and Provider therefore appoint the niajiri platform as a third-party beneficiary of their Project Agreement and Contractual engagement over a product for purposes of enforcing the obligations owed to, and the benefits conferred on, niajiri.biz by these Terms of Service. Customers and providers further agree that niajiri.biz has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as niajiri.biz in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
Agency
These Terms of Service and any registration for or subsequent use of this Website by
any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and niajiri.biz, except and solely to the extent expressly stated.
Taxes
Registered Users are responsible for payment and reporting of any taxes. Niajiri.biz is not obligated to determine the applicability of any taxes or to remit, collect or report
any such applicable taxes, unless otherwise agreed to by both parties pursuant to the
terms of any provision of tax services provided to you by niajiri.biz. You agree that you
will abide by all applicable tax statutes, regulations and common law. In the event
niajiri.biz receives a notice of non-compliance with any such statute, regulation or
common law, including, without limitation, an Internal Revenue Service Charge,
niajiri.biz will deem such receipt a breach of this section and will suspend your Account until niajiri.biz received an Internal Revenue Charge Release.
Fees and Related Charges
These Fee and Related Charges provides information on the fees Niajiri and its affiliate
partners charge for use of the Site’s communication, invoicing, dispute resolution and
payment services, including Payment Protection, and includes eligible Users’ authorization for debits and credits from and to their designated bank accounts via the automated clearing house network (“ACH”).
By clicking to accept the Terms of Service on the Site or by continuing to use the Site or the Site Services on or after the effective date noted above, you accept and agree to
this Agreement. To the extent permitted by applicable law and except as otherwise provided in the Terms of Service, we may modify this Agreement without prior notice
to you, and any revisions to this Agreement will take effect when posted on the Site
unless otherwise stated. However, we will provide advance notice of any increase in
prices or fees affecting current Users. Please check the Site often for updates.
Fees Charged to Providers
Pursuant to the User Agreement, Niajiri.biz charges Providers a Service Fee for each payment their Client/Customers makes to the Provider on a Service Contract or Sale of
a Product. Pursuant to the Service Provider Membership Agreement, niajiri.biz charges Providers a Membership Fee depending on the membership plan the Freelancer Chooses to take. These Membership Fees are automatically renewed until they are cancelled as described on the Site. Additionally, the use of various Payment Methods offered through the Site and the Site Services may incur added fees or charges. All Payment Methods will be posted on the Site along with any associated fees or charges, which we may update from time to time at our sole discretion. You hereby authorize niajiri.biz to charge you and to collect from you (consistent with this Agreement, the User Agreement, or elsewhere in the Terms of Service) any fees, charges, or taxes as and when they become due.
The Service Fees amount is incumbent on the membership plan the Freelancer chooses and is based on the following assumptions which are subject to change at our discretion: -
Client Membership Fees
Niajiri.biz offers several membership plans for Providers, which each include access to certain features and services of the Site, as described on the Site (referred to as “Client Membership Plan”). Current Client Membership Plans are Getting Started, Going Pro and Being Enterprising. Getting Started is free and does not require a monthly/yearly membership fee. Fees for Client Membership Plans, if any, automatically renew until they are cancelled as described on the Site.
Niajiri.biz reserves the right to change membership fees, change the features and
services included in each Client Membership Plan, change the membership fees or fees for certain premium services or options, or institute new fees at any time, in each case upon reasonable notice posted in advance on the Site. No refunds of fees already paid will be given. If Niajiri exercises its right to cancel a membership, Niajiri will not refund the membership fee already paid unless otherwise required by law.
Taxes
Where applicable, Niajiri may also collect taxes (such as value added tax (VAT) if applicable) on membership fees and the cost for premium services or features, as set forth in the User Agreement.
Automatic Membership Renewal
You must pay your niajiri.biz membership fees through your Niajiri Account. The membership billing period begins on the date that Niajiri receives payment. Niajiri membership fees are calculated from the beginning of that billing period. After any free membership period, Niajiri automatically renews your Niajiri yearly or quarterly membership, and you irrevocably authorize and instruct Niajiri to make the required monthly payments to Niajiri on your behalf. Automatic renewal occurs on the first day after the expiration date.
Changes to Membership Plans
If you change your Client Membership Plan, the new program and new billing period
will be based upon the date Niajiri receives payment of the new membership fee. If you
upgrade a membership, it will result in a new billing date effective upon the date of payment of the additional fees and, if applicable, will result in a credit of the unused portion of the existing category membership fees. If you downgrade membership, you
will not receive a refund or credit for the fees already paid. The downgrade will go into
effect at the beginning of the next billing period. Niajiri reserves the right to modify its
Client Membership Plans at any time, upon reasonable notice posted in advance on the Site.
For more information on upgrading, downgrading, or cancelling your membership,
check the Site or contact Customer Support.
Customer inquiries and user contact information
In the special agreement that the Customer enters with Niajiri Limited, a certain
number of requests or credits and or increased account functionality are given over
the agreed maturity. Niajiri guarantees that at least one of the User's contact details (email or phone) is checked and validated. If the parties have agreed that the Customer should answer a certain number of requests per month, quarter or other period of time, the following applies: deposits that the Customer has not used to answer requests during the period is not refundable and cannot be moved to the next period of time.
Niajiri Limited shall enter the User's contact information to the Customers who choose to respond to a request. Customers may not sell, forward or otherwise convey the User's contact information to third parties. Thus, data cannot be communicated to, for
example, services competing with niajiri.biz. However, after the User in question has
recruited the Customers, Customers may forward the User's contact details to the
Customer-appointed Subcontractor.
Termination of the agreement
In cases where the Customer would in any way misuse or misrepresent his obligations
under this agreement, such as abuse the user's contact information or after reminder
do not pay or contracted a contractual fee, Niajiri has the right to cancel this agreement immediately without obligation to repay to the Customer. In the case of Clients affiliated, acts committed to impair Niajiri's service, forwarding
information contrary to paragraph 3, or otherwise acting unfairly against Niajiri, Niajiri
has the right, in addition to terminating this agreement, to obtain from the Customer
damages to be determined by a competent court of Law established under The
Constitution of the Republic of Kenya.
Force Majure
The parties are exempted from penalty for failure to fulfill certain obligations under this
Agreement if the failure is based on a so-called “liberating circumstance of essential
importance”.
As a liberating circumstance, under this Agreement, for example, Government act or
omission, new or amended legislation, labor market conflict, blockade, fire, flood, loss
or destruction of material or property of major importance or accident. If a party wishes
to claim exemption pursuant to the mandatory liability, the party shall inform the other
party without undue delay in order to invoke the circumstance.
Limitation of Liability
In case the niajiri.biz website for any reason is not in use or cannot be used in full, due
to circumstances such as that the server or other technical necessity is out of order,
the site has been subjected to sabotage from third parties or any other kind of
circumstance offered by Niajiri, in whole or in part, is not available to Customer, the
Customer is not entitled to claim deductions from his Special Agreement.
Niajiri is not a party to the business agreements concluded between Users and
Customers. Niajiri is thus not to be considered as any form of legal intermediary
between User and Customer. This means that Niajiri has no responsibility for any
disputes that may arise between User and Customer, e.g. relating to defects in work
performed, damage, error or non-payment.
The parties' liability under this Agreement is limited to direct damages. The liability of
Niajiri is in any case limited to an amount equal to the sum of what the Customer has
paid in compensation for Niajiri during the next six months.
Intellectual Property Rights
Niajiri is entitled to use texts, logos, imagery and other material published by the
Customer on niajiri.biz. Ownership of these intellectual property rights remains with the
Customer or its partners. Other material, such as texts, graphics, images and logos that are on niajiri.biz, are owned by Niajiri Limited and are protected by copyright laws and other intellectual property laws such as, for example, trademark law. Furthermore, the database of niajiri.biz as such is protected under the Copyright Act, Laws of Kenya.
Partial insolvency
A party has the right to terminate this agreement if the other party is bankrupt, conducting an agreement on a settlement, liquidation or otherwise assumed to be in default.
Transfer
The Customer may not, in whole or in part, transfer or pledge its rights and / or obligations under this Agreement without the written consent of Niajiri Limited.
Messages
The Customer shall notify Niajiri Limited updated address and Contact Information in the event that they are changed. Notices relating to such information or other types of communications between the Parties in connection with this Agreement shall be transmitted by bids or recommended letter, e-mail or fax to the parties' specified or amended addresses in the Customer Agreement.
Changes and additions
Changes to and additions to this Agreement shall be binding in writing and signed by the parties. If Niajiri and Customer conclude a special agreement, the general terms of
that agreement shall supersede this agreement.
Cookies
Niajiri.biz uses cookies when you visit the site. Cookies are an information file that is
placed on your computer. Niajiri.biz primarily uses cookies in order to enable you use
niajiri.biz in the best possible way. The cookie does not identify you personally, on the
other hand, the browser installed on the computer you are using do. The cookie does
not contain viruses, nor can it destroy other information on your computer. You may
remove cookies in your browser, but you will not be able to use all services on niajiri.biz
in full.
Event of dispute and legal choice
Disputes between the parties in connection with this Agreement shall be settled in the
general court as established under the Constitution of the Republic of Kenya as the first
instance and with the application of Laws of the Republic of Kenya.
Customer’s Terms of Use
How does Niajiri Work?
Niajiri is owned and operated by Niajiri Limited, with its services being available on the website https://niajiri.biz/ and related Apps on Apple’s App Store and Android Play Store. Is a web-based service that helps private individuals and companies ('users') find service companies that perform crafts, cleaning, moving and as well as products advertised by providers thereon etc. ('companies'). As a user, it is always free to use niajiri and you are never committed nor obligated to choose or transact with any company, organization or individual you come into contact with via niajiri. When users submit a request to niajiri, they are sent to matching companies/providers that are given the opportunity to respond to the request.
Niajiri guarantees that only controlled companies connected to niajiri service are able to answer the request. When the provider has taken part in the user's contact information, it is up to these two parties to proceed in their procurement.
Privacy Policy and Handling of Personal Data
Niajiri follows the rules laid down by Laws of the Republic of Kenya more specifically those provisioned for data and protection thereof. By making a request for niajiri.biz,
the user agrees that Niajiri redirects the user's contact information to the companies that choose to answer the request. Users may also agree that Niajiri may forward the user's contact information to the Niajiri partners. The User, at any time, revokes this consent by sending an e-mail to Niajiri Customer Service.
Controlled Providers
Niajiri has affiliated companies, individuals or organizations (hereinafter referred to as providers) that provide services and products in a wide range of areas divided into different categories. In order to help users of Niajiri to find safe providers, we require all providers that wish to join the service and select categories that best describe their job description. Niajiri conducts ongoing inspections of all providers to ensure that they still meet the best and required standards to conduct business in Kenya and beyond.
Relationships
Project Agreement.
The engagement, contracting and management of a project are between a Customer and a Provider. Upon acceptance of a quote, the Customer agrees to purchase, and the Provider agrees to deliver, the services, products and related deliverables in accordance with the following agreements:
a. The agreement between Customer and Provider including the Project Bid, Project Description, and other terms and conditions as communicated between Customer and Provider on the Website or otherwise;
b. These Terms of Service, and;
c. Any other content uploaded to the Website by niajiri.biz (collectively, the “Project Agreement”).
You agree not to enter into any contractual provisions in conflict with these Terms of
Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. Customer is responsible for managing, inspecting, accepting and paying for
satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. Provider is responsible for the performance and quality of the services and products in accordance with the Project Agreement in a timely manner. Customerand Provider each covenant and agrees to act with good faith and fair dealing in performance of the Project Agreement.
Independence.
Customer and Provider each acknowledges and agrees that their relationship is that of independent contractors. The Provider shall perform services and/or deliver products as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Provider and Customer or between niajiri.biz and any Customer or Provider.
Relationship with Niajiri.biz
Niajiri is not a party to the dealing, contracting and fulfillment of any Project between a Customer and a Provider. Niajiri.biz has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Provider to perform services, the quality of the item or product advertised, the ability of Customer to pay for services, or product or that a Customer or Provider can or will actually complete a Project or deliver a product. Niajiri.biz is not responsible for and will not control the manner in which a Provider operates and is not involved in the hiring, firing, discipline or working conditions of the
Provider. All rights and obligations for the purchase and sale of services or other
deliverables are solely between a Customer and a Provider. Niajiri.biz will not provide any Provider with any materials or tools to complete any Project or deliver a product. Customers and Providers must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
Third-Party Beneficiary of Project Agreement
Customer and Provider each acknowledges and agrees that the value, reputation, and goodwill of the Niajiri Platform depend on their performance of their covenants and agreements as set forth in their Project Agreement. Customer and Provider therefore appoint niajiri.biz as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, niajiri.biz by these Terms of Service. Customers and Providers further agree that niajiri.biz has the right to
take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as niajiri.biz in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Platform.
Agency
These Terms of Service and any registration for or subsequent use of this platform by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and niajiri.biz, except and solely to the extent expressly stated.
Taxes
Registered Users are responsible for payment and reporting of any taxes. Niajiri.biz is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by niajiri.biz. You agree that you will abide by any and all applicable country’s tax statutes, regulations and common law. In the event niajiri.biz receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Charge, niajiri.biz will deem such receipt a breach of this section and will suspend your Account until niajiri.biz received an Internal Revenue Charge Release. Inquiries on niajiri.biz and obligation to comply with Kenya Law etc.
Niajiri there is no responsible publisher appointed and every user who chooses to
make an offer or bid to niajiri.biz is responsible for the criminal charges for the material. The material must not be misleading and must be in accordance with Kenya Law and applicable rules.
Users should behave professionally which means that deceptive and offensive material should not be published on niajiri.biz. The material that users publish on niajiri.biz should not be illegal and contradict with the activities and purpose of Niajiri.
Misuse of the features on niajiri.biz is strictly prohibited, including attempting to break security barriers, spread viruses, use others 'login information, or otherwise destroy other users or companies' use of niajiri.biz. In cases where users take actions to deter niajiri.biz service, destroy the reputation of Niajiri or mislead Niajiri companies by, for example, make repeat requests for tasks, make requests as companies with the purpose of comparing their own company service or creating multiple users and making requests without interest to hire a company has offered the right to, in addition to shutting down the user, obtain damages to be determined by a competent court mandated to hear the suit presented before it against the said acts and/or omissions.
Users are required to take reasonable steps to search for and remove viruses or other
objects that have destructive properties before transferring material to Niajiri.
Information on niajiri.biz
Niajiri is actively working to ensure that the information published on niajiri.biz is correct but however, cannot guarantee this. Users are not entitled to make any financial demands on Niajiri in case there is material on niajiri.biz which is incorrect.
Liberal circumstances
Niajiri is exempted from the penalty for failure to fulfill a certain obligation if the failure is due to a so-called liberating circumstance. Relief circumstance shall be considered inter alia: government action or failure, new or amended legislation, staff retirement, illness or other impairment of workforce, death, labor market conflict, blockade, fire, flood, loss, or destruction of material or property of major importance or accident of a greater extent.
Intellectual Property Rights
Niajiri is entitled to use texts, logos, imagery and other material published by users at niajiri.biz. Ownership of these intellectual property rights remains with the user. Other material, such as texts, graphics, images and logos that are on niajiri.biz, are owned by Niajiri and are protected by copyright laws and other intellectual property laws such as, for example, trademark law. Furthermore, the database niajiri.biz as such is protected under the Copyright Act.
Sanctions
Niajiri is entitled, without giving reasons, to turn off users who violate Kenya law or otherwise do not comply with these general terms and conditions. Niajiri has the right to refuse publication or remove published material if it is perceived as offensive or inappropriate in relation to the activities of Niajiri. In case of serious violations of these rules, a warning is issued. In case of repeated violations or serious breaches of the rules, the user can be turned off with immediate effect. If the information that users publish on niajiri.biz would lead to damages for Niajiri, the user is obliged to keep Niajiri harmless or to repay Niajiri for the damage that has occurred.
Changes
Niajiri has the right to change these terms without notice, either on its own or if laws
and regulations require this. Users are encouraged to continuously review these terms and conditions.
Applicable law - Dispute
Disputes arising from these Terms of Use shall be settled in the General Court of Law as established under the Constitution of the Republic of Kenya as the first instance. Kenya law shall apply.
Org nr: PVT-BEUZ87B
info@niajiri.biz