Terms of Service
1.1. Kanzu Jobs offers software development services to potential customers through the Platform. We engage competent and qualified software developers (the “Experts”) for purposes of delivering the Project (as defined in clause 4.1.2 below).
1.3. You accept to be bound by all the Kanzu Jobs terms and conditions, and policies applicable to the use and exploitation of the Platform.
We reserve all rights, including but not limited to (registered and unregistered) intellectual property rights to the Platform and the right to change the Platform at any time in our sole and absolute discretion.
3.1 Rules of conduct on the Platform
procedures posted on the Platform (the “Law”). You shall not: (i) violate any third party rights; (ii) “frame” or “mirror” any content contained on the Platform on any other server or internet based device; (iii) use the Platform for any unauthorised purpose; or (iv) use the Platform in a manner which would interfere with any other party’s use of this Platform.
3.1.3 Your Content shall not include or contain: (i) advertisements of any other products or services than those contemplated by the Platform; (ii) the provision of a service that is against the Law, or (iii) any information enabling, supporting or requesting dealings, interactions or payments with other users of the Platform outside the Platform for purposes connected with the Kanzu Jobs Platform.
3.1.4 You shall be personally responsible for monitoring the Content you post on the Platform for accuracy or reliability, and shall indemnify any user of the Platform against any loss or injury or legal action directly arising out of reliance or use of such Content.
3.1.5 We reserve the right to remove or restrict access to any Content we deem to be in violation of the Law (as defined in clause 3.1.1) or by virtue of a regulator directive or court order.
3.2 Access to the Platform
3.2.1 You may only access the Platform through your Kanzu Jobs account created on joining the Platform (the “Kanzu Jobs Client Account”). You shall not access or attempt to access the Platform by any other means than the interface provided by the Platform.
3.2.2 Your Kanzu Jobs Client Account shall be created in your legal names and be supported by the relevant client information to enable us to easily identify you (including those of the representative if the Client is not a natural person).
3.2.3 You shall not use Content from the Platform for any other purpose than the purpose for which it was made available and shall not engage in any activity that interferes with or disrupts the functioning of the Platform (such as uploading or attaching an invalid or malicious or unknown file or inserting any external links that may be malicious).
3.3 Identity and Account Security
3.3.1 All your client identity information related to your Kanzu Jobs Client Account must be accurate at all times. Your Kanzu Jobs Client Account shall be used and operated by one authorised person (who shall not use and operate any other Kanzu Jobs Client Account).
3.3.3 It is your sole responsibility to ensure and maintain the secrecy and security of your Kanzu Jobs Client Account password. You shall not disclose the password to any third party and shall be solely responsible for any use of or action that is taken through the use of such password on the Platform. You shall notify the Kanzu Jobs Support if you suspect that your password has been lost or stolen (email: email@example.com).
4.1 Statement of Work (“SoW”)
You shall send a basic request for services (with functional and technical specifications) to the Platform which we shall match with the most suitable Experts. All input and inquiries between you and the Expert(s) concerning the request shall be made through the Platform until both parties are satisfied with the specification and description of the Project (as defined below) in a SoW available on the Platform before commencing on such a Project. The agreed SoW shall describe, in reasonable detail, the services (including functionality, technology requirements, etc) to be delivered by us to you (the “Services”), the duration of the Project, milestones (if any), and other relevant information (all together with the Services referred to as the “Project”), and will be in the form of (i) a list of deliverables written in a single message in the Platform “workroom”; or (ii) one or more documents attached to the Platform “workroom”.
4.2 Estimating the Price for a Project
4.2.1 Once a Project has been sufficiently defined and scoped in a SoW, Experts engaged by Kanzu Jobs shall provide an estimate of their expected fees for completing the Project described in the SoW.
4.2.2 Where only one Expert submits an estimate, this estimate (with the addition of Kanzu Jobs’ Profit Margin (as defined in clause 4.4.2 below) shall constitute the fixed price applicable you. Where two or more Experts submit an estimate, the average price (with the addition of Kanzu Jobs’ Profit Margin) shall constitute the fixed price applicable to you, irrespective of the choice of Expert.
4.2.3 You shall pay the fixed price (as defined in clause 4.2.2 above) for the Project before commencement of the Project (the “Payment”). The Payment shall, for avoidance of doubt, include Kanzu Jobs’ Profit Margin and shall be the amount payable in USD.
4.3 Request of Expert
Subject to our sole and absolute right to appoint a specific Expert to perform the Services, you may request your preferred Expert, between one of more Experts who have provided their estimates, to perform the Services.
4.4.1 You shall transfer the Payment through one of the available payment methods on the Platform before the Expert commences on any Project. We shall be the recipient of the Payment, shall hold it in escrow and disburse it to the Expert (less Kanzu Jobs’ Profit Margin) against satisfactory achievement of Project milestones.
4.4.2 We shall retain between 2% and 18% of the Expert’s estimate (as per clause 4.2 above) as our profit margin (“Kanzu Jobs’ Profit Margin”). The Kanzu Jobs’ Profit Margin is a non refundable and integral part of the Payment (see clause 4.12).
4.5 Information from the Client to be provided to the Expert
You shall provide access to credentials as well as software and media files and other such information as requested by the Expert prior to the Expert commencing a Project. We shall not be responsible for any delays in honouring any agreed upon timelines caused by your failure to provide such information.
4.6 Performance of the Service
4.6.1 We shall perform the Services set out in the SoW. We shall engage an Expert to execute the Services directly to you. We shall be liable to refund (fully or partially) the Payment less Kanzu Job’s Profit Margin (which is non refundable) if the Expert fails to meet the requirements in the SoW.
4.6.2 Any work not expressly included in the SoW shall be considered out of scope. Any request to complete work out of the SoW’s scope shall be handled via the ‘additional tasks’ function on the Platform and may result in additional payment(s) from you.
4.7 Completion of a Project
4.7.1 Once an Expert has finished a Project, you shall review the work and mark the Project as ‘complete’ on the Platform in order to formally complete the Project. You shall have seven (7) calendar days to review the Expert’s submitted work, ask for modifications or request for more time to review the work. We reserve the right to mark a Project as ‘complete’ if after the prescribed time you have not taken any of the required action steps.
4.7.2 Where the Project has milestones attached to it, you shall review the Expert’s work submitted as competed against the agreed upon milestones. The completion process indicated in clause 4.7.1 above shall apply to such Projects.
4.8 Circumvention of the Platform
4.8.1 You shall not circumvent the Platform by (i) paying the Expert outside the Platform, (ii) engaging in methods intended to bypass the estimated system you to negotiate the price with the Expert(s); or (iii) dealing directly with an Expert for purposes of any potential or actual Project.
4.8.2 You shall be deemed to have circumvented the Platform if you offer any Expert (you have been introduced to on or through the Platform) an employment or consulting opportunity where his or her services are similar or in competition to the services rendered through the Platform and pay such Expert outside the Platform. In such a case, we shall be entitled to receive compensation from you amounting to (i) a payment of 25 % of the full-time and annualised year one salary for the job that the Expert is being hired for.
4.8.3 You should immediately and confidentially report any request or attempt from an Expert to circumvent the Platform to our Support Team email: firstname.lastname@example.org.
4.9.2 We shall not be liable for any loss incurred by you except loss due to gross negligence or misconduct (subject to the limitations set out in clauses 4.9.3 and 7 below).
We shall fix any bugs in the code that you shall find within twenty eight (28) calendar days after the Project was marked as complete. This undertaking does not cover conflicts, incompatibilities or bugs caused by any updates, software installed, misusage or modifications to the code made by you or any third parties after the Services has been delivered to you and the Project has been marked as complete.
4.11 Term and Termination
4.11.1 The term of a Project commences on the date of acceptance of the SoW and continues in effect until the earlier of its termination or completion.
4.11.2 Any of you, the Expert or us may, upon giving the other parties (or any of them) reasonable notice of not less than two (2) weeks, terminate a SoW with or without cause.
4.12.2 You may be entitled to receive a full or partial refund if we fail to meet the SoW requirements. Ultimately, however, the determination of any refund, if disputed, shall be made through the Procedures for Resolution of Controversies and Disputes.
4.12.3 Once a Project has been marked ‘complete’, you acknowledge that the Project was delivered in full accordance with the SoW, in which case you shall not be entitled to receive a refund.
4.12.4 If the SoW has deviated from the originally agreed SoW and you refuse to pay for the additional work carried out, you shall not be entitled to receive a refund.
4.12.5 You may receive two types of refund:
- 22.214.171.124 Partial refund: If the Project is partially done or meets the SoW only partially, we may grant you a partial refund by following the procedure set out in the Procedures for Resolution of Controversies and Disputes. When receiving a partial refund, you shall delete any content related to the part of the Project which was the object of the partial refund from your platform(s) and records. You shall not have any rights, including but not limited to Intellectual Property Rights (as defined in clause 4.14.1), over this work.
- 126.96.36.199 Full refund: We may grant you a full refund by following the procedure set out in the Procedures for Resolution of Controversies and Disputes. You shall, accordingly, have no rights, including but not limited to Intellectual Property Rights (as defined in clause 4.14.1), over any of the work related to the Project. You will have seven (7) calendar days to delete any content related to the Project from your platform(s) and records. If you fail to do so, we reserve the right to take any legal action or remedial steps we deem necessary. You shall also relinquish the right to take any legal action against us or the Expert pertaining to said content.
4.13 Breach / Termination of Services
4.13.1 We reserve the right to modify, update or discontinue site services, or any features, with notice. You agree that we can suspend or terminate your right to access our site at any time for any reason without obligation or liability to you.
4.14 Intellectual Property Rights
4.14.1 Once a Project has been marked as ‘completed’, we shall automatically assign all intellectual property rights, whether registered or unregistered, resulting from the provision of the Services (the “Intellectual Property Rights”) to you without any further consideration – whether such right accrues as a result of the Expert’s own activities or in cooperation with us. Upon completion of the Project, we shall automatically assign to you all rights, interests and benefits all such Intellectual Property Rights. These assignments shall be subject to any limitations as expressly agreed with us.
4.14.2 We shall render all reasonable assistance to you for the protection, utilisation and enforcement of your Intellectual Property Rights.
4.15 Client Deliverables
4.15.1 You shall provide us and the Expert with any information, documentation, material, technical data, software and/or intellectual property, etc as necessary for the performance of the Services (the “Client Deliverables”). You reserve all rights, including but not limited to all intellectual property rights (if any), to the Client Deliverables.
4.15.2 You shall ensure that the Client Deliverables are free of any third party rights, including but not limited to intellectual property rights. Neither we nor the Expert shall be held liable for violation of any third party rights in connection with the performance of the Services.
4.15.3 You shall give prior approval should the performance of the Services require us and/or an Expert to use any non free pre-existing software, intellectual property or other information or material etc. Any costs related to such shall not included in the fixed price calculated pursuant to clause 4.2.
4.15.4 We (Kanzu Jobs and an Expert) shall return all Client Deliverables to the Client and further agree to destroy (a) all copies of Client Deliverables and (b) the work product, in or on our and/or an Expert’s premises, systems, or any other equipment otherwise under our and/or an Expert’s control: (i) on the 29th calendar day from completion of a Project, or (ii) immediately upon termination of a Project.
4.16 Retainer Projects
4.16.3 Billing period and payment: You shall pay the monthly amount at the beginning of each calendar month or other agreed upon retainer period. You shall be automatically billed for each retainer period at the same day each subsequent month until the SoW is terminated. At the end of a retainer period, your payment shall be considered non refundable and any unused hours will not be carried over to subsequent retainer periods.
4.16.4 Additional work: Any work that is deemed outside of the scope of the Retainer Project, as set out in the SoW, shall be agreed upon in a separate SoW.
4.16.5 Client responsibilities: You understand that the Expert is not our employee and that the Retainer Project is a collaborative, professional relationship. You understand that the Expert shall require fair, realistic notice in order to attend to requests.
4.16.6 Term and termination of a retainer project: The term of a Retainer Project commences on the date of acceptance of the SoW and continues in effect until terminated. Both you and the Expert may terminate the SoW upon giving the other reasonable notice of not less than two (2) weeks, with or without cause. Unless otherwise agreed in the SoW, (i) the Expert shall continue to perform the Services for the remainder of the retainer period during which the SoW is terminated, unless otherwise requested by you, and (ii) you shall not be entitled to recover any payments made related to the retainer period during which the SoW is terminated. For the avoidance of doubt, you shall not be charged for the retainer period that follows the retainer period during which the SoW was terminated.
The Client and Kanzu Jobs shall keep confidential any information received concerning Kanzu Jobs’, the Client’s and an Expert’s business, including the Platform, the Project and the Services (“Confidential Information”).
4.18 Ratings and Feedback
6.1 You shall indemnify, hold harmless and defend us from any and all claims, damages, liabilities, costs and expenses arising from or relating to your use of the work product and/or the Project or any act or omission (in connection with your use of the Platform) which exposes us to legal liability or infringes on any rights of a third party
6.2 We shall indemnify, hold harmless and defend you from any and all claims, damages, liabilities, costs and expenses arising from any adverse third-party claims to the Platform including intellectual property rights.
Your use of this site is at your own risk. We make no representations or warranties with regard to the services, work product, the Platform or any activities related to the project. To the maximum extent permitted by law, we disclaim all express or implied conditions, representations and warranties including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non infringement.
We shall not be liable for any consequential, direct, incidental, indirect damages related to (a) the use of, (b) the inability to use, or (c) errors or omissions in this site contents.
Notices shall be given by (i) you to us via email to email@example.com (or to such other email address as we may specify in writing) and (ii) us to you by (a) a post on the Platform or (b) email to your email address.
8.3 No Waiver of Rights
8.7 Governing Law and Venue