Overview and Definitions

Kreekafrica.com is an online platform dedicated to introducing a smart way of doing business in Africa. We do this by enabling buyers of professional services ("Clients") to search for, start and manage transactions with ("Professionals" and, collectively with Clients, "Registered Users"). The Website includes features that enable Professionals and Clients to do, among other things, the following:

Clients: Post Jobs and Projects, search for Professionals, liaise with Professionals, negotiate with Professionals, grant Jobs to Professionals, manage Jobs, leave feedback for and review Professionals, and pay Professionals.

Professionals: Create and develop profiles, promote and market capabilities, submit quotes, negotiate with Clients, accept Job awards, invoice, obtain feedback from Clients, and receive payment from Clients.

We also offer registered users with certain services outlined in, and subject to, these Terms of Service (as further defined below, the "Services"). We may include, remove or alter some or all of such Services at any moment at our sole discretion with reasonable prior notice posted on the Website. Capitalized terms featured in these Terms of Service have the following explanations:

Account: means the account developed by the Website upon registration.

Assumed Payment Liabilities: shall mean that section of a Professional's total service charges for a Job which Kreekafrica.com agrees to take on in consideration of the Service Charges.

Arbitration Service: means the service explained in Section 6.

Client's Acceptance of Services: shall mean: (i) with regard to an Invoice, a transfer of funds by Client to Kreekafrica.com with regard to such Invoice or (ii) with regard to the Payment Service, the earlier to occur of the following: (a) Professional and the Employee concur as to the rightful recipient of the funds or (b) Professional and Employee have ended the process comprising the Arbitration Service.

Kreek Africa Billing and Payment Services: means, collectively, the Kreek Africa Invoice Service and the Payment Service.

Kreek Africa Invoice Service: means the service described in Section 5(A).

Payment Service: means the service described in Section 5(B).

Service Charges: means, where applicable, the Job, Handling, Withdrawal, and Arbitration Service Fees.

Services: means, collectively, the Kreek Africa Billing and Payment Service, and the Arbitration Service.

Website: means the world wide web site run and operated by https://kreekafrica.com/ or any replacement URL.

Registration

(A) Eligibility

To gain access to our Services through our Website, you must be a legal body or a person of eighteen (18) years of age or older who can form legally binding contracts. To attain Registered User status, you must accept all of the terms and conditions in, linked to and incorporated by reference in, these Terms of Service. In becoming a Registered User, you agree to (1) Adhere to the Terms of Service and the processes, guidelines and procedures, explained throughout the Website; (2) Be responsible financially for your use of the Website and the buying or delivery of services; and (3) Perform your obligations as specified by any accepted Job Agreement, unless such obligations are forbidden by law or by the Terms of Service. Kreekafrica.com reserves the right, in its sole discretion, to refuse, suspend, or end rendering Services to anyone.

(B) Registration

You must register for an Account to become a Registered User and access services. You agree to make available true, accurate and complete information as requested and required by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.

(C) Accounts and Profiles

The website will create your Account with Kreekafrica.com once you have registered with the Website as a Registered User, and provide a corresponding account number. You may create a profile under your Account. You will be requested to choose a username and password for the Account during Registration. As a Registered User, you agree, and you are solely responsible for safeguarding and maintaining the confidentiality of the username and password you use in accessing this Website. You authorize Kreekafrica.com to assume that any entity using your username and password to access this Website is you or is authorized to act on your behalf. You agree to inform us immediately if you suspect any use of the account without permission or authorization.

(D) Membership

Kreekafrica.com provides Registered Users with various membership alternatives. The availability of these membership alternatives is dependent upon (i) the status of the Registered User as a Professional or and Client (ii) the selections made during registration, (iii) any future upgrades or downgrades of membership alternatives after registration.

Clients: All Clients have membership benefits, which may change at the sole discretion of Kreekafrica.com.

Professionals: Professionals can select from different membership alternatives.

Each membership alternative includes a specified number of "Bids," which will be used to submit Quotes for Jobs. If a Professional requires extra Bids in a given month, the Professional has the option to purchase additional Bids. We reserve the right to alter membership fees, institute new fees at any time, the monthly number of Bids included in the membership alternatives or the price of Bids at the sole discretion of Kreekafrica.com and upon reasonable prior notice posted on the Website. There will be no refunds of membership fees or Bids already paid. If we exercise our right to terminate a membership at any time, as provided under these Terms of Service, we will not refund the already paid membership fee.

Relationship

(A) Client and Professional

• Job Agreement: The engagement, contracting, and management of a Job are between a Client and a Professional. Upon acceptance of a Quote, the Client agrees to purchase, and the Professional agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the Job Agreement between Client and Professional including the Quote, Job Description, and other terms and conditions as communicated between Client and Professional on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by Kreekafrica.com (collectively, the "Job Agreement"). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Job Agreement in conflict with these Terms of Service is void. The Client is responsible for managing, inspecting, accepting, and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner. The Professional is responsible for the performance and quality of the services in accordance with the Job Agreement in a timely manner. Client and Professional each covenant and agrees to act with good faith and fair dealing in the performance of the Job Agreement.
• Independence: Client and Professional each acknowledge and agree that their relationship is that of independent contractors. The Professional shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or Client-employee relationship between Professional and Client or between Kreekafrica.com and any Client or Professional.

(B) Registered Users and Kreekafrica.com

• General: Kreekafrica.com is not involved in the dealing, contracting and completion of any Job between a Professional and a Client. Kreekafrica.com cannot control and does not guarantee the quality, safety or legality of any services provided or deliverables developed, marketed, the truth or accuracy of Job postings, the qualifications, background, or skills of Registered Users, the ability of Professionals to execute services, the ability of Clients to pay for services, or that a Professional or Client can or will actually complete a Job. Kreekafrica.com is not responsible for and will not control how a Professional operates and is not a party to the hiring, termination, punishment, or working conditions of the Professional. All rights and obligations for the buying and selling of services or other deliverables are solely between a Client and a Professional. Kreekafrica.com will not provide any Professional with any materials, tools, or equipment to complete any job. Clients and Professionals must depend solely on each other for the implementation and execution of all the rights and obligations arising from Job Agreements and any other terms, representations, conditions, or warranties connected with such trading.
• Third-Party Beneficiary of Job Agreement: Professional and Client each acknowledge and agree that the goodwill, reputation, and value of the Website depend on the results of their agreements and contracts as outlined in their Job Agreement. Professional and Client, therefore, appoint Kreekafrica.com as a third-party beneficiary and recipient of their Job Agreement for enforcing the obligations owed to, and the benefits conferred on, Kreekafrica.com by these Terms of Service. Professionals and Clients further agree that Kreekafrica.com has the right to take such steps with regard to the Job Agreement or their Accounts, including and without limitation, termination, suspension, or any other legal actions, as Kreekafrica.com in its sole discretion deem necessary and appropriate to protect the goodwill, reputation, and value of the Website.
• Agency: The Terms of Service and any registration for or future use of this Website by any user or Registered User will not be interpreted as creating or implying any relationship of franchise, agency, joint venture or partnership between you and Kreekafrica.com, except and solely to the extent explicitly stated.
• Taxes: Registered Users are responsible for the reporting and payment of any taxes. Kreekafrica.com is not obligated to determine the applicability of any remit or to taxes, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any delivery of tax services offered to you by Kreekafrica.com. You agree that you will obey any and all applicable state and federal tax statutes, common law, and regulations. In the event Kreekafrica.com receives a notification of non-compliance with any such statute, common law, or regulation, including, and without limitation, an Internal Revenue Service Levy, Kreekafrica.com will consider such receipt a breach of this section and will suspend your Account until Kreekafrica.com receives an Internal Revenue Service Release.

Kreekafrica.com Fees

(A) Membership Fee

Professionals can select various membership programs to subscribe to various levels of participation on the Website.

(B) Service Fees

Kreekafrica.com subtracts one or more of the following fees, as applicable, from payments made to Professionals by Clients using the Kreek Africa Billing and Payment Services:

• Job Fee: kreekafrica.com charges all Professionals a Job Fee. The fee is based on a Professional's membership type and is deducted from the total amount paid by a Client.
• Client Payment Handling Fee: When a Client pays a Professional, a Payment Handling Fee (from 1% to  2.8%) will be added to the invoice total.
• Professional Transfer Method Fee: If upon a Professional's request, funds are to be disbursed via a wire transfer, a Professional Transfer Method Fee will be charged to the Professional as described here. Transfers made through the use of automated clearinghouse, Skrill and chipperCash debit card methods will incur no such fee.
• Arbitration Service Fee: For the use of Arbitration Services, irrespective of the nature of the resolution and any resulting disbursements, kreekafrica.com charges an Arbitration Service Fee, equal to the greater of twenty-five dollars ($25.00) and five percent (5%) of the total amount paid by a Client to kreekafrica.com for the applicable Job to which such payment relates.
• Client Withdraw Fee: When the Client withdraws funds from their cash account, there is a withdrawal fee (3.5%). This fee will be subtracted from the amount withdrawn. The client will have to contact support if they will want to make a withdrawal

(C) We reserve the right to alter any charges or fees associated with Kreekafrica.com at any time, at the sole discretion of Kreekafrica.com. No refunds of already paid fees will be given. If we act on our right to cancel a membership as mentioned under these Terms of Service, at any time, we will not refund the already paid membership fee.

Kreek Africa Billing And Payment Services

(A) Kreek Africa Invoice Service

The Kreek Africa Invoice Service allows Professionals to issue invoices and allows Clients to make payments for these services.

• General: When a Professional submits services to the Client, the Professional will complete the electronic invoice form (the "Invoice") and submit it to Kreekafrica.com via the Website. A Professional must complete and submit an Invoice to Guru.com for each and every payment.

(B) Payment Service

The Payment Service enables Clients to transfer specified payment responsibilities to Kreekafrica.com.

• General: Upon request by a Client's, and upon payment to Kreekafrica.com by Client for services to be executed by a Professional, Kreekafrica.com will take on responsibility for the payment for such Professional's services (Service Charge is less applicable). Kreekafrica.com agrees not to release funds to Professionals for services until after the Client's Acceptance of Services occurs. You acknowledge that such funds will belong to Kreekafrica.com immediately upon such funds being handed over to Kreekafrica.com by you. However, Kreekafrica.com agrees to refund Client such funds in the occurrence that (a) a Professional acknowledges that the services have not been completed or (b) Client and Professional have ended the process involving the Arbitration Service with an outcome indicating that Client is the rightful recipient of such funds. Kreekafrica.com agrees to keep both Professional and Client in the loop regarding the status of the Assumed Payment Liability and if, for any reason, a party asks for Arbitration Service regarding such status, will inform both parties that the issue will be addressed via the Arbitration Service.
• Payment Disputes: If a Professional or a Client reasonably doubts the quality or completion of services offered by such Professional, then both Client and Professional concur that Kreekafrica.com shall have no payment obligations to any party concerning relevant fees until such disagreement is resolved in accordance with these Terms Of Service. Kreekafrica.com's obligation to make any Payment (Service Charge is less applicable) is expressly based upon the resolution of all outstanding disagreements with regard to such Payment.

(C) Funds Transfer

• General: To receive your rightful funds, you must request such funds and select from the transfer methods available on the Website. Any such requests shall be predisposed to the conditions and restrictions accommodated on the Website and in these Terms of Service. Notwithstanding any other specifications of these Terms of Service, if Kreekafrica.com decides in its sole discretion that a Registered User has breached the restrictions and conditions of the Website or Terms of Service, Kreekafrica.com has the right to refuse to work on such request.
• Hold on Transfers: Kreekafrica.com retains the right, at its sole discretion, to place a hold on requested transfers if Kreekafrica.com suspects monies may be subject to chargeback, failure to clear, bank reversal, or fraud. Kreekafrica.com will release a hold as soon as practical, and the threat is no longer there.

(D) Legal Relationship

• Kreekafrica.com is not your agent with regard to any funds or payments that have been transferred to Kreekafrica.com for any Assumed Payment Liabilities.
• It is the responsibility of each Professional to properly credit and discharge Clients for all payments that Kreekafrica.com makes to such Professionals with regard to services provided to such Clients.
• Kreekafrica.com acts as a payment provider by creating, maintaining, hosting and providing the Kreek Africa Billing and Payment Services to you through the Internet. Kreekafrica.com has no control over the services invoiced or paid for with the Kreekafrica Billing and Payment Services. Additionally, Kreekafrica.com does not control whether a Professional or Client will actually finish the underlying transaction. Kreekafrica.com is not in any way responsible for the accuracy or timeliness of the invoices or the accuracy, timeliness, completion or workmanship of any work result produced by a Professional due to an awarded Job. Nothing in these Terms of Service will be interpreted to establish Kreekafrica.com as your agent with regard to any service bought and sold by Registered Users through the Website, or extend or modify any warranty, indemnity or liability stated in these Terms of Service.
• By using the Kreek Africa Billing and Payment Services, you explicitly acknowledge that
  • Kreekafrica.com is not substituting as a trustee or a fiduciary of Professionals or Clients and that the Kreek Africa Billing and Payment Services are offered to Registered Users administratively;
  • (c) KREEKAFRICA.COM IS NOT A BANK AND ANY PAYMENTS MADE THROUGH KREEKAFRICA.COM ARE NOT INSURED DEPOSITS AND ARE VULNERABLE TO LOSS, FORFEITURE OR DEFAULT.

(E) Miscellaneous Payment Terms

• Authorized Payments are Concluding: Your use of the Kreek Africa Billing and Payment Services forms part of your agreement to pay for any funds which you authorize us to reserve from transactions and, charge to your credit card, bank account, or skrill, as appropriate. Once authorized, such payments are final. On the occurrence of the Client's Acceptance of Services, (i) Kreekafrica.com shall no longer have liability to any party with regard to Payment for such services, (ii) Client admits that Kreekafrica.com has provided a total service having to do with the payment made by Client for the Invoice or Assumed Payment Liability, as applicable and (iii) Client hereby releases Kreekafrica.com from any and all liability concerning such Payment.
• Fraudulent Transactions: Duplicate or Erroneous Transactions; Charge Backs. Kreekafrica.com reserves the right to pursue reimbursement from you, and you will reimburse Kreekafrica.com, if Kreekafrica.com comes across an erroneous or duplicate transaction, a fraudulent transaction or if Kreekafrica.com receives a refund or reversal for any reason, from any Client's bank, credit card company, or PayPal. You agree to and acknowledge Kreekafrica.com's right to probe into any and all transactions for fraud. Additionally, you agree to collaborate with any reasonable requests made by Kreekafrica.com in an attempt to look into fraud. You concur that Kreekafrica.com has the right to attain such reimbursement by charging your Account, subtracting amounts from future transfers, charging any bank account or credit card linked to your Account, or obtaining reimbursement from you by any other lawful and legal means, including using a third-party collection intervention. Failure to pay for reimbursements of a refund or a reversal of payment is the basis for termination of your Account.
• Currency: The Kreekafrica Billing and Payment Services operate in US Dollars and therefore Kreekafrica.com is not accountable for currency fluctuations that occur when crediting or billing a credit or debit card denominated in a currency except U.S. Dollars, nor is Kreekafrica.com accountable for currency fluctuations that occur when sending or receiving payment via check or automated clearinghouse to and from your bank account, wire transfer, PayPal account or credit card.
• Exclusivity and Non-Circumvention: Clients reach an agreement to use the Kreek Africa Billing and Payment Services to make all payments to Professionals, whether first-time, repeat, or secondary. You also agree not to take any action directly or otherwise to evade the Kreek Africa Billing and Payment Services or any associated fees and/or charges. As a Professional, you agree to use Kreek Africa Billing and Payment Services to obtain all payments from Clients recognized through the Website, whether first-time, repeat, or secondary. Additionally, you agree not to evade the Kreek Africa Billing and Payment Services or any associated fees and/or charges.
• Notification: As a Professional, you agree to inform Kreekafrica.com immediately if your Client pursues to pay you outside the Website. As a Client, you agree to inform Kreekafrica.com immediately if your Professional implores payment from you outside the Website. If you are alert of a breach of the preceding prohibitions, or any potential avoidance of the Kreek Africa Billing and Payment Services, please contact us or submit a private report to Kreekafrica.com by phone at +230-58690130
• Agreement to Pay: If Kreekafrica.com, for any reason, does not receive payment for any sums that you have officially requested to be remunerated through your use of the Kreek Africa Billing and Payment Services, you approve to pay such amount immediately upon mandate by Kreekafrica.com. You also agree to reimburse any additional interest charges, attorneys' fees and other expenses of collection incurred by Kreekafrica.com in collecting from you the unpaid but approved. In such a case, Kreekafrica.com may, by choice, stop handling any more payments made by you and apply any amounts then detained by Kreekafrica.com on your behalf toward any costs, losses or deficiencies that we have sustained due to your use of the Kreek Africa Billing and Payment Services. We may also make suitable reports to credit financial institutions, law enforcement authorities, tax agencies, and reporting agencies, and cooperate with them in any consequential inquiry or prosecution.

Suspension And Termination

• These Terms of Service shall take effect as your contract upon your use of the Website, and shall remain so until you or Kreekafrica.com terminates your Account as explained under the terms of this section.
• Either party may end the contract signified by these Terms of Service, at any time, once the other party is notified unless otherwise agreed to in writing between the parties. In such a case, your Account is inevitably terminated and (1) Kreekafrica.com shall proceed to execute those services required to complete any open transaction between another Registered User and yourself; and (2) You shall still be obligated to pay any sums accumulated but unpaid as at the date of termination to Kreeafrica.com for any service and to any Professional for any services.
• Any closure of an Account will lead to the inevitable closure of all related profiles.
• Without placing restrictions on any of our other remedies, we may issue a warning, or indefinitely suspend, temporarily suspend or close your Account or a Job, and decline from offering you with any or all services if: (1) you violate the spirit or letter of any terms and conditions of these Terms of Service or the corresponding policies and information included herein by reference, including our written policies and procedures posted on the Website; (2) we cannot authenticate or verify or any information you make available to us; or (3) in our sole discretion, we believe that your activities and actions may cause legal charges for you, our Registered Users or for Kreekafrica.com or are conflicting with the welfares of the Website. Once terminated or indefinitely suspended, you must not continue using Website under, a different Account, the same Account, or register under a new Account.
• Additionally, breaching these Terms of Service may be indicted extensively according to the law and may result in extra sanctions and penalties.
• Without placing restrictions on any of our other remedies, to the extent you involve yourself in activities or actions which evade the Kreekafrica Billing and Payment Services or otherwise decrease fees owed Kreekafrica.com under these Terms of Service, you compensate Kreekafrica.com for all fees owed to Kreekafrica.com and reimburse Kreekafrica.com for all costs, losses and reasonable expenses (as well as attorney fees) related to collecting such fees and probing such breach.
• Upon termination of your Account, for any reason, you may no longer access and make use of files, messages, data, and other material you possess on the Website. The material, along with all your previous posts and proposals, may be erased.

Privacy And Confidentiality

The Kreekafrica.com Privacy Policy and these Terms of Service govern your use of the Website and the services provided therein and thereby. You are responsible for reviewing the Kreekafrica.com Privacy Policy, and we recommend that you thoroughly review the Privacy Policy and print a copy to keep for yourself. The Privacy Policy is available on the Website and may be updated or modified now and then. Unfortunately, we cannot guarantee that revelation of your personal information will not happen in ways not discussed in the Privacy Policy. We may be mandated by law to reveal information to law enforcement agencies, government authorities, or third parties upon subpoena, and you sanction us to release such information as we believe, in our sole discretion, is required or suitable.