The following terms of service (these "Terms of Service"), govern your access to and use of the Kazi Bay website and mobile application, including any content, functionality and services offered on or through www.kazibay.com or the Kazi Bay mobile application (the "Site") by Kazi Bay International Ltd. and its subsidiaries: Kazi Bay Inc. (38 Greene St. NY 10013, NY, USA) and Kazi Bay Limited (Lemesou 11, 2112 Nicosia, Cyprus), as applicable. Kazi Bay International Ltd. and its subsidiaries are collectively referred hereto as "Kazi Bay" "we" or "us" and “you” or “user” means you as an user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and Kazi Bay Payment Terms, found here (“Payment Terms”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the Kazi Bay services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Kazi Bay makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers are users who purchase services on Kazi Bay.

Business Account is a collaborative Buyer account, created via Kazi Bay Business, as detailed on Kazi Bay Business Terms of Service (available here).

Business Account Team Member or Team Member is any user that is invited or uses a Business Account.

Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Gig® Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.

Gig® Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.​

Gig® Page is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.

Gig® / Gigs® are services offered on Kazi Bay.

Logo Design is an original design for a logo uploaded by a Seller through the Kazi Bay Logo Maker.

Logo Maker is the automated logo design tool offered by Kazi Bay to users as further explained in these Terms of Service.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.

Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Gig Page.

Sellers are users who offer and perform services through Gigs or through the Logo Maker on Kazi Bay.

Overview (Main terms, in a nutshell)

§  Only registered users may buy and sell on Kazi Bay. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.

§  Gigs on Kazi Bay may be offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5 as determined by the Seller.

§  Buyers pay Kazi Bay in advance to create an order (see Payment Terms).

§  Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Offer.

§  For fees and payments please read the Payment Terms

§  Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.

§  Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Gig Extras, or selling their Gig in multiples.

§  Users may not offer or accept payments using any method other than placing an order through KaziBay.com.

§  When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.

§  Kazi Bay retains the right to use all published delivered works and Logo Designs for Kazi Bay marketing and promotion purposes.

§  We care about your privacy. You can read our Privacy Policy here.

§  Users undertake to comply with Kazi Bay’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Kazi Bay community and marketplace in addition to these Terms of Service, as updated from time to time.

§  Kazi Bay offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.

SELLERS

Basics

§  Sellers create Gigs on Kazi Bay to allow Buyers to purchase their services.

§  Sellers may also offer Custom Offers to Buyers in addition to their Gigs.

§  Each Gig you sell and successfully complete, accredits your account with a revenue equal to 80% of the purchase amount.

§  Kazi Bay accredits Sellers once an order is completed. See our "Orders" section below for a definition of a completed order.

§  For more information about receiving payments, fees and taxes see the Payment Terms.

§  Sellers may not promote their Gigs or any Kazi Bay content via the Google Ads platform.

§  The Seller's rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.

§  For security concerns, Kazi Bay may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Kazi Bay accounts to a single withdrawal provider.

§  Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

 

Gigs®

§  Sellers are allowed to post a select amount of active Gigs based on their Level status.

§  7 Gigs for Sellers without a Level status.

§  10 Gigs for Level 1 Sellers.

§  20 Gigs for Level 2 Sellers.

§  30 Gigs for Top Rated Sellers.

§  Gigs created on Kazi Bay are User Generated Content.

§  Gigs and/or users may be removed by Kazi Bay from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

§  Illegal or Fraudulent services

§  Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here

§  Adult oriented services, Pornographic, Inappropriate/Obscene

§  Intentional copies of Gigs

§  Spam, nonsense, or violent or deceptive Gigs

§  Gigs misleading to Buyers or others

§  Reselling of regulated goods

§  Offering to prepare academic works on behalf of Buyers

§  Exceedingly low quality Gigs

§  Promoting Kazi Bay and/or Kazi Bay Gigs through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

§  Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.

§  Gigs that are removed for violations are not eligible to be restored or edited.

§  Gigs may be removed from our Search feature due to poor performance and/or user misconduct.

§  Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates Kazi Bay’s Terms of Service and/or our Community Standards, will be removed.

§  Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don’t match the quality shown on the Gig images may lead to the Seller’s account losing Seller status or becoming permanently disabled.

§  Gigs may contain an approved Gig Video uploaded through the Gig management tools available on Kazi Bay.

§  Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.

§  Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.

§  Certain categories are available only to Pro Sellers to create Gigs. If you are not a Pro Seller, creating a Gig for services available to Pro only may result in removal of your Gig.

Levels

Kazi Bay is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Kazi Bay may reward them with new statuses, special opportunities, benefits, and tools that come with it.

§  Kazi Bay Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.

§  Advancement in Levels are updated periodically by an automated system.

§  The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.

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