Terms & Conditions

1.1 "Platform" means the Tumakazi website, web application and any related mobile applications or services provided by us.

1.2 "Client" means a user who posts a project and seeks to hire a freelancer.

1.3 "Freelancer" means a user who offers services and submits bids on projects.

1.4 "Project" means a specific task or engagement posted by a Client on the Platform.

1.5 "Bid" means a proposal submitted by a Freelancer in response to a Project, including proposed fee and timeline.

1.6 "Escrow" means funds held by Tumakazi or its payment partner on behalf of the Client pending satisfactory completion of agreed milestones.

1.7 "We", "Us", "Our" means Tumakazi.

2.1 Eligibility. You must be at least eighteen (18) years old and capable of forming a legally binding contract to use the Platform. By registering, you represent and warrant that you meet these requirements.

2.2 Account Types. The Platform offers two account types: Client accounts and Freelancer accounts. Clients may self‑register. Freelancer accounts are created by Tumakazi following a vetting process.

2.3 Accurate Information. You agree to provide accurate, current and complete information during registration and to update your information promptly if it changes.

2.4 Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

2.5 One Account Per Person. You may not create more than one account without our prior written consent. We reserve the right to suspend or terminate duplicate or fraudulent accounts.

3.1 Posting a Project. Clients may post Projects describing the work required, budget, timeline and any specific requirements. You agree to provide accurate and complete project descriptions.

3.2 Receiving Bids. Once a Project is posted, Freelancers may submit bids. Tumakazi does not guarantee any minimum number of bids or the suitability of any Freelancer.

3.3 Accepting a Bid. When you accept a bid, you enter into a direct contractual relationship with that Freelancer. Tumakazi is not a party to that contract and is not responsible for the performance of either party.

3.4 First Installment Payment. Upon accepting a bid, you agree to pay a first installment (typically 50% of the agreed amount) into Tumakazi Escrow. This payment confirms your commitment and secures the Freelancer's time.

3.5 Project Completion and Final Payment. Upon delivery of the agreed work, you must review and either approve or request revisions within a reasonable timeframe. Final payment is released to the Freelancer upon your approval.

3.6 Dispute Resolution. If a dispute arises regarding work quality or completion, you agree to first attempt to resolve the matter directly with the Freelancer. If resolution fails, Tumakazi may, at its discretion, assist in mediation but is not obligated to arbitrate disputes.

4.1 Profile and Portfolio. Freelancers must maintain an accurate and professional profile. You agree not to misrepresent your skills, experience or qualifications. Portfolio items must be your own original work or work you are authorised to display.

4.2 Bidding on Projects. By submitting a bid, you represent that you have the skills and capacity to complete the Project within the proposed timeline and budget.

4.3 Acceptance and Engagement. When a Client accepts your bid, you enter into a direct contract with the Client. You agree to perform the work with reasonable skill and care and in accordance with the agreed specifications.

4.4 Payment. Payments are held in Escrow and released upon Client approval of milestones. Tumakazi deducts its platform fee (if applicable) before releasing funds to you.

4.5 Non‑Circumvention. You agree not to solicit or accept payment from a Client outside the Platform for a period of twelve (12) months after first connecting through Tumakazi. Violation may result in account suspension and forfeiture of any unpaid funds.

5.1 Platform Fees. Posting a Project is free for Clients. Tumakazi may charge a service fee to Freelancers on completed projects. Any applicable fees will be disclosed before you accept a bid or receive payment.

5.2 Escrow Service. Funds for first installments and milestone payments are held in a segregated account with our payment partner, Paystack. Funds are released only upon Client approval or as otherwise provided in these Terms.

5.3 Currency. All transactions are denominated in Kenyan Shillings (KES) unless otherwise stated. Clients outside Kenya may see approximate USD equivalents but payments are processed in KES.

5.4 Taxes. You are solely responsible for determining and remitting any taxes applicable to payments you receive or make through the Platform. Tumakazi is not responsible for your tax obligations.

5.5 Refunds. Refunds are subject to the dispute resolution process. Tumakazi does not guarantee refunds and will only release funds in accordance with Client approval or a mutually agreed resolution.

6.1 User Content. You retain ownership of content you submit to the Platform, including project descriptions, bids, profile information and portfolio items. By submitting content, you grant Tumakazi a non‑exclusive, worldwide, royalty‑free licence to use, display and distribute your content solely for the purpose of operating and promoting the Platform.

6.2 Project Deliverables. Upon full payment, ownership of project deliverables transfers from the Freelancer to the Client as agreed in the project contract. Freelancers may retain the right to display completed work in their portfolio unless the Client requests otherwise in writing.

6.3 Prohibited Content. You may not post content that is illegal, defamatory, obscene, discriminatory or infringes the intellectual property rights of others. We reserve the right to remove any content that violates these Terms.

6.4 Platform IP. The Tumakazi name, logo, design and underlying software are the exclusive property of Tumakazi and are protected by copyright and trademark laws. You may not copy, modify or reverse engineer any part of the Platform without our prior written consent.

7.1 Professional Behaviour. All users are expected to communicate respectfully and professionally. Harassment, hate speech, threats or discriminatory language will not be tolerated.

7.2 Honest Representation. Clients must provide accurate project descriptions. Freelancers must accurately represent their skills and experience. Deceptive or fraudulent conduct may result in immediate account termination.

7.3 Confidentiality. You agree to keep confidential any non‑public information shared by another user in the course of a project, including business plans, trade secrets and proprietary data.

7.4 Platform Integrity. You may not attempt to circumvent the Platform's payment systems, manipulate ratings or reviews or interfere with the proper functioning of the Platform.

8.1 Honest Feedback. Clients and Freelancers may leave reviews and ratings for each other upon project completion. Reviews must be based on actual experience and reflect honest, constructive feedback.

8.2 Prohibited Reviews. You may not post fake reviews, exchange reviews for compensation or pressure another user to leave a specific rating. We reserve the right to remove reviews that violate these Terms.

8.3 Disputing Reviews. If you believe a review is false or violates these Terms, you may contact us to request a review. We will investigate and may remove reviews at our sole discretion.

9.1 Platform Role. Tumakazi is a marketplace that connects Clients and Freelancers. We do not employ Freelancers and are not responsible for the quality, safety or legality of services provided through the Platform.

9.2 No Warranty. The Platform is provided "as is" without warranties of any kind, express or implied. We do not guarantee that the Platform will be uninterrupted, secure or error‑free.

9.3 Limitation of Damages. To the fullest extent permitted by law, Tumakazi shall not be liable for any indirect, incidental, consequential or punitive damages arising from your use of the Platform. Our total liability to you for any claim is limited to the amount of fees you paid to Tumakazi in the twelve (12) months preceding the claim.

9.4 Force Majeure. We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, civil unrest or internet outages.

11.1 Termination by You. You may close your account at any time by contacting us. Any ongoing projects must be completed or otherwise resolved before account closure.

11.2 Termination by Us. We may suspend or terminate your account at any time, with or without notice, if you violate these Terms, engage in fraudulent or harmful conduct or for any other reason at our reasonable discretion.

11.3 Effect of Termination. Upon termination, your right to access the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination (including payment obligations, disclaimers and limitations of liability) shall continue in effect.

12.1 Informal Resolution. You agree to first attempt to resolve any dispute informally by contacting us at support@tumakazi.co.ke. We will work in good faith to resolve the matter.

12.2 Mediation. If informal resolution fails, the parties agree to attempt mediation in Nairobi, Kenya, before resorting to litigation.

12.3 Governing Law and Jurisdiction. These Terms are governed by the laws of the Republic of Kenya. Any legal action arising from these Terms shall be brought exclusively in the courts of Nairobi, Kenya.

13.1 Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Tumakazi regarding your use of the Platform.

13.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13.3 No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

13.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.

13.5 Modifications. We may update these Terms from time to time. We will notify you of material changes via email or through a notice on the Platform. Your continued use of the Platform after such changes constitutes acceptance of the revised Terms.

Email: info@tumakazi.com