Welcome to Kolabofort, a comprehensive business platform that enables you to get what you want when you need it. By using our platform, you agree to these terms and conditions outlined in this User Agreement. Some additional information is also included.
Definitions
In this Agreement:
- “Account” refers to the email-associated account.
- “Platform” means KolaboFort and its services.
- “Buyer” means a user purchasing goods or services.
- “Transaction” means a payment or exchange facilitated by the platform.
- “Escrow” means the holding of funds or assets by the Operator ( KolaboFort ) until conditions of a transaction are fulfilled.
- “Business Registration” means registering a business through the Platform.
- “Business Services” mean services provided by KolaboFort.
- “Lessor” means the party who lists an asset for lease on the Platform.
- “Lessee” means the party who leases an asset through the Platform.
- “Mystery Shopping” means evaluating businesses by posing as a customer.
- “Business Directory” means the Platform’s database of business listings.
- “Listings” mean business profiles listed in the platform.
- “Asset” means resource or item of value owned or controlled by an individual, business, or organization, such as property, investments, cash, or goods, that can be used to generate income or profit.
- “Assignments” mean mystery shopping tasks assigned to Us.
- “Resource” means an item or service shared/pooled on the platform.
- “Reports” mean evaluations submitted by Users and KolaboFort .
- “Market Research” means research conducted through the Platform.
- “Experts” mean professionals offering services through the Platform.
- “Dispute Resolution Process” is the process for resolving disputes between Users.
- “Outsourcing Services” means services provided by top professionals or skilled experts through the Platform.
- “Service Providers “are individuals or organizations that offer specialized services to clients. They provide expertise, solutions, products, items or support to help clients achieve their goals, solve problems, or improve their operations.
- “Client” means a User requesting any of our Services.
- “Project” means a specific task or assignment posted by a Client.
- “KolaboFort” is our company, providing access to services, workforce, goods, and tools in Nigeria to accelerate growth.
We also have “Verified by KolaboFort” Users who have been satisfactorily verified under our policy. An “Inactive Account” is one that hasn’t been logged into for a specified period.
- “Intellectual Property Rights” refers to all rights related to patents, copyrights, trademarks, designs, and confidential information.
- “KolaboFort Services” are the services we provide to you.
- “Local Job” or “Local Jobs” means the service we offer to connect buyers and vendors for location-specific services.
- “Vendor” is a user who offers services, tools, goods, or identifies as a vendor on the website.
- “Marketplace” is our platform where users interact to exchange goods, services, or information.
- “Services” include all services provided by a vendor .
- “T&C refers to terms and conditions
- “User” or “you” refers to an individual who visits or uses the website.
- “Agreement ” includes this user contract, the code of conduct, and any other accepted contractual provisions.
- “The Website” refers to the online platforms operated by KolaboFort, including Kolabofort.com and its regional domains.
1. Overview
By accessing the Website, you agree to the terms outlined by KolaboFort. We may update these terms without notice. The Website serves as a venue for buying, selling, renting, leasing services and items. Users must register for an account to access the Platform and they must provide accurate information and maintain account security. We facilitate connections between Users at different capacities but are not a party to their agreements. We may make changes to the Website and its services without notice, but we’re not responsible for any errors or outdated information.
2. Scope
Before using the Website, make sure to read the entire User Agreement, including the Code of Conduct, Privacy Policy, and other linked information. By accepting this User Agreement, you agree that it applies whenever you use the Website or its interactive tools. Some services may have additional terms provided when you use them.
3. Eligibility
To use the Website, you must:
- Be at least 18 years old
- Be legally capable of entering into a binding contract
- Not be barred from receiving services or suspended from using the Website
- Have a valid email address
- Have valid means of identification, preferably National Identity (NIN).
Free user accounts are for personal use only, and login credentials should be kept confidential. You are responsible for all activities conducted through your account. If your account is associated with a business name, you remain personally responsible. Corporate entities may be eligible for separate corporate accounts. We reserve the right to refuse registration or deny access to the Website at our discretion. Additionally, you may not transfer your rights or obligations without our prior written consent.
While using KolaboFort, it’s important NOT to engage in any of the following actions:
- Posting inappropriate content or items in the wrong categories.
- Infringing on laws, third party rights, or our policies.
- Failing to make payment for services received.
- Failing to deliver purchased services or items.
- Trying to manipulate our fee structure or billing process.
- Sharing false, misleading, or offensive content.
- Undermining the feedback or reputation systems.
- Transferring your account without our consent.
- Sending spam or unsolicited communications.
- Distributing harmful, fraudulent or unlawful content.
- Using our website content without permission.
- Attempting to modify or reverse engineer our software.
- Copying or distributing our content or intellectual property.
- Collecting information without permission.
- Circumventing access restrictions or security measures.
- Using our website for harmful, illegal, or fraudulent activities.
- Hacking , tampering with, or testing website vulnerabilities without permission.
- Distributing malicious software or imposing excessive loads on resources.
- Editing or modifying website material without permission
- Using automated means to interact with our website except for search engine indexing
It is important to follow these guidelines to ensure a positive experience from our services.
4. Intellectual Property Rights
Regarding intellectual property rights infringement, we maintain a stringent stance and have established a comprehensive policy to address such instances. Our Copyright Infringement Policy is designed to facilitate the reporting of alleged infringements while ensuring the efficacy and legitimacy of such notifications. If you suspect a violation of your intellectual property rights, please submit a formal notice via the email channel provided on our website, and we will initiate a prompt and thorough investigation into the matter.
5. Fees and Charges
We provide a range of services, some of which are subject to applicable fees. These services include, but are not limited to, market research projects, mystery shopping assignments, listing upgrades, and various business support services. Prior to utilizing any fee-based service, you will be presented with a clear breakdown of the associated costs, as outlined in our Fee and Charges schedule. This will enable you to review and accept the fees before proceeding. Please be aware that we may occasionally introduce temporary fee adjustments or promotions for new services or special events, which will be communicated through our website or official correspondence. Unless explicitly stated otherwise, all fees are denominated in Nigerian Naira.
6. Taxes
You are solely responsible for paying any applicable taxes related to the services provided, as determined by the jurisdiction in which they are rendered. Depending on your location, you may be subject to additional taxes on certain fees that we charge. If applicable, these taxes will be added to your fees. It is essential to comply with the income tax regulations in your jurisdiction. We will notify you and request confirmation regarding the appropriate tax treatment when you are awarded or accept projects, to ensure compliance with all relevant tax requirements.
7. Payment Administration Agent
We may, at our discretion, appoint related bodies corporate, affiliates, or other third parties to act as our agents for accepting or making payments on our behalf. These third parties will have the same rights and powers as us under this User Agreement and can exercise those rights and powers as our agent or in their own name. Please note that we won’t be liable for any loss, damage, or liability resulting from the negligence or acts beyond the authority of the Payment Administration Agent.
8. Promotion
As part of the KolaboFort Services and marketing materials related to the website, we may showcase your company or business name, logo, images, or other media. However, if you explicitly request us not to do this and we agree in writing, we will respect your request. Additionally, we may use the public description of your projects and the content of your profile information on the website for marketing and other related purposes.
9. Content Usage
a. User Content Ownership:
We do not claim ownership of your User Content. However, by using our platform, you grant us a worldwide license to use it. This license permits us to reproduce, distribute, modify, and publicly display your content across various platforms without requiring further permission or payment from you.
As a forum for distributing User content, we reserve the right to take appropriate actions related to it. Please note that we are not responsible for storing or deleting content, and all submissions are subject to our approval.
b. Guidelines for Your Content:
Your content must adhere to the following guidelines:
- It should not infringe on anyone’s intellectual property rights or violate any laws.
- Avoid defamatory, obscene, explicitly sexual, hateful, discriminatory, blasphemous, or harmful material.
- Exclude false information or viruses.
- Do not submit material that has been part of legal proceedings or complaints.
- Refrain from linking to external content that would breach our general terms and conditions.
c. Personal Information and Professional Advice:
- You acknowledge that we may transfer your personal information to related entities globally.
- Our website’s information does not constitute professional advice. Consult a professional for specific matters.
d. Third-Party Content and Links:
We provide access to third-party content, such as user feedback and articles, but we’re not responsible for its accuracy or reliability. We may also link to external websites, but we don’t control or endorse them. Use them at your own discretion.
e. Deletion and Retention:
Deleted or hidden information may not be permanently removed and could be retained for various reasons.
10. Feedback and Reviews
The review feature on our platform allows clients/buyers to share their opinions about products and services rendered . However, it’s essential to avoid posting inaccurate, inauthentic, or fake reviews. When you provide feedback, reputation, or reviews on our website, you’re granting us copyright ownership. While you can display it on our site, the content remains our property. It’s crucial to maintain the integrity of our feedback system. If we identify concerns with your feedback or rating, we may suspend or terminate your account. Our feedback ratings are intended to support service provision on our website and should not be used elsewhere without our consent.
11. Advertising
Unless we agree otherwise, please refrain from advertising external websites, products, or services on our website. Any website addresses posted should be relevant to a project, task, assignment, listing, user, or service on our website.
We may display advertisements or promotions on our website. Please note that we are not responsible for any loss or damage resulting from these advertisements or any subsequent dealings with third parties. Additionally, the content of these advertisements may be protected by intellectual property rights, so modifying, selling, distributing, appropriating, or creating derivative works based on them without authorization is not allowed.
12. Asset Listings Terms
When using our platform to sell or lease your assets, vendors/lessors agree and acknowledge to provide :
- Detailed Information: They are obligated to provide thorough and accurate details about the asset being listed on the platform. This includes specifications, features, dimensions, and any relevant documentation (e.g., user manuals, maintenance records).
- Visual Representation: Along with textual information, they should upload high-quality images or videos of the asset. These visuals enhance transparency and help potential lessees/ buyer make informed decisions.
- Condition Disclosure: They must honestly describe the asset’s condition, highlighting any wear and tear, defects, or modifications. Concealing material information is strictly prohibited.
- Legal Status: They must confirm that they have legal ownership or authorization to lease/sell the asset. They must not list stolen, encumbered, or disputed assets.
- Regulatory Compliance: Assets must comply with all relevant laws, regulations, and safety standards. They should specify any certifications (e.g., safety certifications, emissions compliance) applicable to the asset.
- Maintenance History: They should maintain records of regular maintenance, repairs, and inspections. These records demonstrate the asset’s upkeep and reliability.
- Scheduled Maintenance: If the asset requires periodic servicing (e.g., machinery, vehicles), They must inform buyers/lessees about the recommended maintenance schedule.
- Safety Certification: They warrant that the asset meets safety standards set by relevant authorities. This includes electrical safety, fire safety, and other industry-specific requirements.
- Safety Features: They must provide clear instructions and guidelines for the safe operation and use of the asset and highlight safety features (e.g., emergency shut-offs, alarms, protective guards) associated with the asset.
This commitment to maintaining the asset’s quality and safety aspects not only safeguards the lessee/buyer but also upholds the integrity of the transaction process, fostering trust and reliability between both parties involved in the deal.
12. Selling on KolaboFort
When utilizing our platform for sale of your items or products, you implicitly agree to the following terms, which govern transactions between buyers and vendors:
- Platform Role: We provide a platform for buyers and vendors to facilitate transactions, but we are not a party to the sale, except in cases where KolaboFort is the vendor. Our role is limited to being a neutral third-party facilitator, and we do not participate in the actual sale.
- Contract Formation: Upon a buyer’s confirmation of purchase, a legally binding contract is established between the buyer and the vendor. This contract is governed by the vendor’s specific terms and conditions, which may vary.
- Standard Provisions: Each vendor on our platform may have their own terms and conditions, which apply to their respective sales. However, certain standard provisions apply to all sales, which include,
- Product Pricing: Listed prices are final and inclusive of all applicable taxes, fees, and charges, in compliance with relevant laws and regulations.
- Additional Charges: Any supplementary costs, such as delivery or packaging fees, will only be payable by the buyer if clearly stated and agreed upon in the vendor’s terms.
- Product Quality: Vendors warrant that all products, both physical and digital, meet the required quality standards.
- Ownership and Rights: Vendors guarantee that they possess the necessary ownership and rights to sell the products, free from any third-party claims, restrictions, or encumbrances.
13. Leasing/Hiring on KolaboFort
By utilizing our platform to rent an item, you are in agreement and acknowledgment that:
- We provide a platform for lessors and lessees to transact, but we’re not a party to the sale (unless KolaboFort is the lessor).
- When a lessee confirms, they agrees to terms of lease the lessor offered , a contract is formed which binds both parties to its terms from that moment onward. This acceptance can be communicated verbally, in writing, or through electronic means.
- While the lessor’s terms take precedence, certain provisions are considered standard:
- Asset Description: The agreement must distinctly outline the asset being leased or hired, including a comprehensive description, model number, serial number (if applicable), and any pertinent specifications.
- Purpose: Clearly define the intended use of the asset (e.g., equipment rental, vehicle lease, property rental).
- Legal Obligation: Both lessor and lessee affirm that the agreement holds legal weight. They commit to acting in good faith and upholding all stipulations.
- Amendment: Any modifications to the agreement necessitate mutual written consent from both parties.
- Delivery and Condition: The lessor is responsible for delivering the asset in the agreed-upon condition, ensuring it meets safety standards and is suitable for the intended purpose.
- Maintenance: Unless stated otherwise, the lessor is accountable for maintaining the asset throughout the lease/hire period.
- Usage and Care: The lessee agrees to handle the asset responsibly, adhering to any provided usage guidelines from the lessor.
- Return Condition: Upon the conclusion of the lease/hire term, the lessee must return the asset in a similar condition, accounting for normal wear and tear.
15. Outsourcing Services on KolaboFort
The Platform provides a digital marketplace for outsourcing services, connecting Clients with independent professionals and experts (hereinafter “Service Providers” or “Vendors”). This agreement governs the outsourcing process, as follows:
- Registration and Service Offerings – Service Providers register on the Platform, showcasing their expertise and services. These services span a wide spectrum, including auto mechanics, plumbing, web development, hairdressing, and accounting.
- Project Posting and Bidding- Clients post project requirements on the Platform, outlining details, expectations, and deliverables for one-time assignments, ongoing work, or specialized tasks.
- Vendors submit competitive bids, highlighting their approach, methodology, fee structure, and timelines.
- Bid Evaluation and Selection – Clients review bids, evaluate Vendor profiles, and select the best-suited candidate for their project.
- Scope of Work and Terms – Clients and Vendors negotiate and agree upon the scope of work, timelines, and remuneration terms, ensuring a clear understanding of the project’s objectives and expectations.
(Please note that Clients may bypass project posting and directly assess registered professionals/experts.)
By using the Platform, Clients and Vendors agree to be bound by these terms and conditions, which govern the outsourcing relationship. The Platform facilitates efficient outsourcing, enabling Clients to access specialized skills and expertise, while Vendors can secure rewarding projects aligned with their strengths and interests.
16. Assignment Acceptance and Completion Protocol
Users accept assignments through the Platform, acknowledging their understanding of the terms and responsibilities involved. Upon acceptance, users are obligated to:
- Thoroughly review and adhere to the client’s specific instructions and guidelines, ensuring accurate comprehension of the task requirements.
- Complete the assigned tasks in accordance with the client’s expectations, maintaining high standards of quality and professionalism.
- Submit comprehensive and timely reports, meeting the designated deadlines, which are critical to the successful delivery of the project.
By accepting assignments, users commit to fulfilling these obligations, recognizing that failure to comply may result in consequences, including but not limited to, negative performance evaluations and potential termination of platform privileges.
17. Business Registration Protocol
Within the Platform’s interface, users have the opportunity to initiate the registration process for their businesses.
To initiate the registration process, users are required to submit the necessary documentation and provide essential information about their business, including but not limited to:
- Business name and address
- Business type (sole proprietorship, partnership, corporation, etc.)
- Industry and business description
- Ownership and management structure
- Tax identification number and other relevant licenses and permits
Upon successful registration, Users receive confirmation of their business registration via email or within their account dashboard. The business is now officially recognized and can operate legally.
Our goal is to make the registration process as efficient and hassle-free as possible, allowing users to focus on growing their business with confidence.
18. Listing Your Business on KolaboFort
Users can create, edit and manage their Business Listings, providing valuable information to potential customers. To ensure the integrity and reliability of these listings, users must adhere to the following guidelines:
- Provide Accurate Information: Users must ensure that all information provided in their Business Listings is accurate, truthful, and free from misleading or deceptive content.
- Keep Information Up-to-Date: Users are responsible for regularly updating their Business Listings to reflect any changes, such as updates to contact details, operating hours, or services offered.
- Comply with Terms: Users must comply with these Terms and Conditions, as well as any applicable laws and regulations, in creating and managing their Business Listings. Failure to comply with these guidelines may result in KolaboFort taking corrective action, including:
- Removal of Listings: We reserve the right to remove any Business Listings that violate these Terms, are inaccurate, or contain misleading information.
- Suspension of Listings: In cases where a user violates these Terms, we may suspend the Business Listing until the issue is resolved.
By creating and managing Business Listings, users acknowledge their responsibility to provide accurate and up-to-date information, and agree to comply with these guidelines to maintain the integrity of the platform.
19. Communication With Other Users
When using our platform, you acknowledge that you will not:
- Contact other users to facilitate off-platform transactions
- Discourage users from engaging with specific clients, vendors, or items
- Initiate contact for payment collection purposes
Please exercise caution when interacting with other users, and refrain from sharing personal information, including credit card details. Our platform offers various communication features, such as text, audio, and video chat, message boards, and direct messaging. Please use these designated channels to communicate with other users, avoiding the sharing of personal contact information unless explicitly permitted. Conducting transactions or communications outside of the platform may result in penalties, unless explicitly agreed upon with our support team.
Please note that we may utilize user information, such as names and images, for messaging services and reserve the right to access correspondence and uploaded files for fraud investigation and regulatory compliance purposes.
If you learn of any unlawful material or activity on our marketplace or any breach of these general terms and conditions, please inform us by contacting us as provided in the relevant section
20. Know Your Customer
By using our platform, you give us permission to validate your identity through inquiries and third-party sources. We may ask for additional information, such as your date of birth and account number , to verify your identity. At our request, you may need to confirm ownership of your email or financial instruments. Providing copies of identification documents may also be required. In some cases, we may ask for a photo ID with a sign and a code for further verification. We reserve the right to request a video interview to validate your information, identity, background, and skills. If we are unable to obtain or verify the requested information, we may limit access to your account. It’s important to keep your information updated to match the provided identity documents. Withdrawals may only be made to the beneficiary matching your identity documents and account information. Please note that certain restrictions may apply if you are not Verified by KolaboFort.
21. User Services and Relationships
When a Buyer awards a Project or Task to a Vendor, and the Vendor accepts on the Website, a User Contract is formed. The Buyer agrees to purchase the Vendor Services, and the Vendor agrees to deliver them. It’s important not to include any conflicting contractual provisions.
You are responsible for fulfilling your obligations to other Users. If you fail to do so, you may become liable to the other User. Make sure you are aware of any relevant domestic and international laws and regulations that apply to your use of the Website as a Buyer/Client or Vendor/ Service Provider.
If another User breaches their obligations to you, you are responsible for enforcing your rights. We, as KolaboFort, do not have the responsibility to enforce User Contracts.
In some jurisdictions, Vendors and Buyers may have rights under statutory warranties that cannot be excluded. We do not intend to override any rights protected by applicable law. This User Agreement complies with laws relating to unfair contracts.
Clients/Buyers and Vendors/Service Providers have an independent contractor relationship. This User Agreement does not create a partnership, joint venture, agency, or employment relationship between Users. It also does not create any such relationship between KolaboFort and any User.
22. Provision for Local Jobs
Here are some important points to note regarding Local Jobs on KolaboFort:
- KolaboFort does not review or verify credentials for Local Jobs.
- KolaboFort is not liable for service delivery or disputes between Buyers and Vendors.
- KolaboFort may display User locations on a map, but we have no liability for this information.
- Personal details should not be disclosed publicly, but can be shared in private messages for Local Jobs.
- We may collect location data to facilitate Local Jobs, and you consent to this collection and sharing.
- Vendors must click the “Complete” button on the Website after finishing a Local Job.
- Failure to complete a job is a breach of the User Agreement.
- Our fees are based on the Vendor’s bid for Local Job services.
23. Funds
If you have prepaid fees or charges, or if you’ve completed a project or sold an item as a vendor, you may have positive funds in your Account. These funds are held by us in our operating accounts with financial institutions. They are not held separately and may be mixed with other funds. You won’t earn interest on these funds, and any interest earned belongs to us.
If your Account has negative funds, we may offset the negative amount with future funds, reverse payments, deduct amounts owed, or suspend your Account until the balance is resolved.
If we offset a negative amount in your Account, it might be combined with another debit. We have the right to collect owed funds through other legal means. Please note:
- We are not a bank and don’t provide financial services.
- The funds in your Account represent our obligations to you for services.
- If you were acquired, your funds are subject to the agreement between us and the acquired marketplace.
- If we release funds to you, you become our unsecured creditor.
- We’re not acting as a trustee for your funds.
- The funds in your Account are not insured or guaranteed.
- You can only load or release funds through the Website.
- Refunds will be returned to the original deposit source.
Store Credits
In certain cases, refunds, discounts, and other cash bonuses may be issued as store credits. Please note that:
- Store credits are non-withdrawable and non-transferable.
- They can only be used on our platform.
- Store credits expire 90 days from the date of receipt.
24. Limits and Fraud Prevention
We have the right to pause your withdrawal if we suspect fraudulent funds. If we discover that funds were received fraudulently, we’ll reverse the transaction. If you’ve already received those funds, you must return them to your Account. Failure to do so may result in account suspension or action to recover the funds. We may also limit the use of funds in your Account if there’s a risk associated with your transactions, if the payment is for someone else or to a country where we don’t offer our service, or if required by law. In case of a dispute, we may temporarily limit your funds to cover potential liability. If the dispute is resolved in your favor, the limit will be lifted and funds released. If not, the funds may be removed. We may also limit your account if we suspect fraudulent or unacceptable behavior while investigating.
25. Due Diligence and Audit Rights
As part of our commitment to preventing fraud and money laundering, we maintain a robust compliance program. This program includes the right to conduct due diligence checks on all marketplace users. By using our services, you agree to provide any necessary information, documentation, or access to your business premises that we may require to:
- Verify your compliance with these terms and conditions
- Respond to lawful orders from courts or governmental bodies
- Fulfill legal and regulatory obligations
We reserve the right to exercise these rights as necessary.
26. Refund
If we agree to the refund, you’ll receive the funds through the same payment method you used initially. We may also refund funds to you in certain situations, such as if required by law, to avoid disputes or increased costs, or if the original payment was fraudulent. To request a refund, you can use our customer support website or email us.
If you decide to initiate a chargeback or any other similar process, you explicitly agree that we can share all information related to your agreement with our terms and conditions to counteract the chargeback. If you’ve already started a chargeback with your credit card issuer, please refrain from requesting a refund from us and seeking double recovery. Additionally, if we determine that you’ve made an excessive or unreasonable number of refund requests or chargebacks, we may take action such as suspending, limiting, or closing your account.
27. Withdrawals
Regarding withdrawals, vendors can only withdraw their funds on the 15th and 1st of each month, and request made on the 15th will be processed the following month for security and fraud prevention purposes. Additionally, withdrawals may also be subject to a delay if our fraud prevention policies require it. The minimum withdrawal amount is ten thousand (10,000) naira, unless otherwise agreed with our support team. We may also require you to become Verified by KolaboFort before you can withdraw funds from your KolaboFort Account. This verification process is part of our anti-fraud and Know Your Customer policy.
28. Chargebacks
When a user files a chargeback with their card issuer or financial institution, the decision and any subsequent reversal instruction are made by the payment product issuer or third parties, not by us. We are obligated to follow those instructions.
You acknowledge and agree that if a payment product issuer or third party imposes chargebacks or reversals on funds paid to you by clients/buyers through the website, we have the right to recover those funds, as well as any associated processing fees or other charges.
In the event of a chargeback or reversal instruction initiated by you, you explicitly consent to us sharing any necessary information related to these terms and conditions to dispute the chargeback. We may also reverse any payments subject to chargebacks or reversal instructions from your payment product issuer or third parties.
29. Inactive Account
If you don’t log into your account for a while, there may be a monthly fee to cover the costs of maintaining your profile, storage, support, and other services. The specific length of time and fee amount can be found in our Fees and Charges.
Please note that we have the right to close inactive accounts. Additionally, if your account has no funds or a negative balance, we may also close it.
30. Right to refuse Service
We have the right to close, suspend, or limit your account access without giving a specific reason. This could happen if you violate the User Agreement, engage in fraudulent activities, or fail to respond to verification requests. If your account is closed due to a violation, you may also be responsible for certain fees mentioned in the User Agreement.
If you violate the User Agreement, you’ll need to pay any fees owed and reimburse us for losses, costs, and expenses related to investigating the breach. We acknowledge that the damages we may sustain can be substantial and difficult to determine. In case of a breach, we may fine you up to N200,000 and take legal action to recover additional losses. If we close your account for reasons other than a breach, you’ll still receive any payment due to you. Please note that if we close your account, you won’t have any claim against us for the closure.
31. Payment Terms
We facilitate secure payments between clients and vendors for projects. Here’s how it works:
- Client Payments:
- Clients make payments for projects, which are held until specific conditions are met. These conditions include agreement between buyer and vendor, dispute resolution, or confirmation of satisfactory services.
- If there are issues with a Vendor’s work, the Dispute Resolution Process can be initiated. In the absence of activity or disputes within a reasonable timeframe, payments are returned to the client.
- Clients must settle all purchases exclusively through our platform’s secure payment system. This ensures a seamless and protected transaction process.
- Vendor Earnings:
- Vendors receive earnings from sold items, minus a nominal platform fee. This fee covers operational costs and platform development.
- Vendors are responsible for complying with tax laws in their respective jurisdictions.
- Business Support Services:
- Clients accessing our services must make payments as agreed during consultations or according to the fee schedule.
- Fees are tailored to individual client requirements, covering administrative and logistic expenses.
- We reserve the right to decline requests due to incomplete details or eligibility concerns.
- Rejected requests will be promptly refunded, emphasizing fairness and customer satisfaction. Refunds follow our policy, subject to potential revisions.
- Secure Transactions:
All payments on our platform use a reputable, secure payment gateway with industry-standard encryption for user financial data.
32. KolaboFort’s Fees and Charges
Transaction Fees
Our platform charges a 15% commission or service fee on every transaction. This fee is automatically deducted from the payment made to the vendor. this is important for the maintenance of the platform so we could always facilitate a seamless payment process, providing a secure and convenient transaction experience for both vendors and clients.
Product/ Service Listings Fees
Our platform offers four listing packages on yearly subscription:
- Nano: ₦100. Allows vendors to list up to 2 services or products. It is essentially free, the ₦100 charge is an indication of vendors commitment.
- Micro: ₦15,000. Allows vendors to list up to 5 services or products.
- Mega: ₦25,000. Allows vendors to list up to 10 services or products.
- Giga: ₦55,000. Allows vendors to list up to 20 services or products.
You’re free to choose the package that suits your business needs, and you can always upgrade to higher packages.
Business Directory Listing Fees:
Listing your business in our directory is completely FREE! However, while this increases your visibility and customer reach, it gives you limited access to our premium listing features. To have full access to all the features of our business listings, such as profile management, appointment scheduling, client interaction you will need to pay a one time fee of ₦150,000 for the paid listing.
Business Support, Incorporation and Post-Incorporation Services Fees:
Our fees for business incorporation and post-incorporation services and support are tailored to individual client needs and subject to market fluctuations. As such, we don’t have fixed fees. To get a quotation please fill out the request form on the business support page according to the type of service required.
33. Release and Delivery of Funds
When it comes to releasing and delivering funds held in the Account, both clients and vendors authorize KolaboFort to release the relevant portions of the Payment. This release will be made to the vendor’s Account or, in the case of a refund, to the client’s/buyer’s Account. The release will occur based on specific conditions outlined below or as required by applicable law and the Terms of Service. The amount released will be delivered to the respective KolaboFort Account, following the authorization and instructions provided by the vendor or client , along with the guidelines outlined in the KolaboFort’s Terms of Service and General Escrow Instructions.
In simpler terms, the “Release Conditions” mentioned in these instructions include the following situations:
- The client clicks to release funds to the vendor .
- If the client doesn’t take any action within 14 days of the vendor’s release request, KolaboFort is authorized to release the funds to the vendor .
- If the vendor cancels the contract before receiving the payment, the funds are returned to the client.
- If the client and vendor provide joint written instructions for a release, the funds are released accordingly.
- If both the client and vendor agree to close the contract without releasing funds, the funds are returned to the client.
- If either the client or vendor fails to make the arbitration payment, the funds are released to the party who made the payment.
- If both the client and vendor fail to submit to arbitration for an unresolved dispute, the funds are released to the client .
- If the client or vendor fails to respond to a KolaboFort Dispute Resolution Service notification, the funds are released to the participating user.
- If the client or vendor fails to comply with the Dispute Resolution Service, the funds are released to the compliant user.
- When a final award is issued by an arbitrator appointed through the Dispute Resolution Service, the funds are released accordingly.
- A final court order, which would determine how the funds are released.
- KolaboFort has the authority to take action if there’s fraud, non-payment, illegal activity, or a violation of the User Agreement. They can return funds to the source of payment to prevent or address such acts.
34. Dispute Resolution Service
The Dispute Resolution Services provided by KolaboFort are designed to help resolve disputes that may arise between buyers and vendors and every other user of the platform regarding the return or release of Payments. When a dispute occurs, concerned parties can choose to use these services. KolaboFort will then step in and facilitate the resolution process. The specific details and guidelines for the Dispute Resolution Services can be found in the Dispute Policy. It’s important to note that while KolaboFort assists in resolving disputes, they do not provide legal advice. If you require legal counsel, it’s recommended to seek independent legal advice from professionals in your jurisdiction.
35. Other Disputes With Users
If you find yourself in a disagreement with another user regarding a project, consider addressing it directly with them first. If that approach doesn’t lead to resolution, you can seek assistance from us. As administrators, we have the authority to make decisions in such matters.
When a dispute arises, KolaboFort may request supporting documents from both parties involved. It’s essential to recognize that KolaboFort is not a legal institution. Nevertheless, we strive to make fair decisions based on the information provided. However, we cannot guarantee the accuracy or completeness of these documents. Therefore, it’s advisable to indemnify and hold us harmless if any false or misleading information comes to light later.
Regarding disputes with other users on the website, you are expected to safeguard KolaboFort from any claims or damages related to the dispute or our determinations. The KolaboFort Code of Conduct applies universally to all services. During dispute resolution, maintain fairness and make reasonable demands or offers. Threats, blackmail, intimidation, or attempts to manipulate users for positive feedback are strictly prohibited. Violating the Code of Conduct during the dispute resolution process may result in automatic loss of the dispute and additional disciplinary action. For more details, refer to the Code of Conduct.
36. Dispute with us
If you have a dispute with KolaboFort, we want to address your concerns right away. We encourage you to reach out to us directly through our customer support. In some cases, we may suggest resolving the dispute through non-appearance-based arbitration, which can be done over the phone, online, or through written submissions. The specific method will be chosen by the party initiating the arbitration. The arbitration process does not require personal appearances unless agreed upon by both parties, and any award rendered by the arbitrator can be entered in a court of competent jurisdiction.
If you have any claims against KolaboFort, they need to be resolved according to the terms of this Agreement. Claims filed against the terms of the Agreement may be considered improper and a breach. If you file a claim against the terms, KolaboFort may recover its legal fees and costs. It’s important to not pursue claims on a class or representative basis and not try to coordinate or consolidate any arbitration or action with other proceedings. If any bankruptcy or insolvency proceedings are initiated, KolaboFort can recover reasonable costs and expenses. KolaboFort’s failure to act on a breach doesn’t waive the right to act on subsequent breaches.
37. Accepted Currencies
At KolaboFort, you can make transactions in Naira only.
38. Continuance and Discharge
This agreement replaces any previous agreements between you and the Company. If any part of this document is found unenforceable, it will be limited to the minimum extent necessary for the document to remain in effect. Our failure to enforce any part of this document doesn’t mean we waive our rights to enforce it later. We can assign our rights and obligations under this document as needed.
If there’s a dispute between participants or users and a third party, the Company isn’t obligated to get involved. If you have a dispute with other users, you release the Company and its employees from any claims or damages related to those disputes. If you’re a California resident, you waive California Civil Code Section 1542, which states that a general release doesn’t cover claims the creditor doesn’t know about or suspect at the time of the release.
39. Entry and Disruption
You agree not to use any automated tools or methods, such as robots or scrapers, to access the Website without our written permission. Additionally, you agree not to:
- Overload or damage our infrastructure with actions that are unreasonable or disproportionately large.
- Interfere with or impair any device, software, or network connected to the Website.
- Copy, modify, or distribute any content from the website without permission.
- Disrupt the proper functioning of the Website, services, or tools.
- Circumvent any measures we have in place to restrict access to the Website.
40. Closing Your Account
To close your Account, you can go to the Account Settings and choose the option to close it. However, there are a few things to consider:
- Make sure you don’t have any active listings on the Website.
- Resolve any outstanding issues, such as suspensions or restrictions on your Account.
- Pay any fees or amounts that are still owed on your Account.
Please note that we may retain some of your personal information to comply with regulations and our own obligations. Closing your account doesn’t necessarily mean all your information will be deleted.
41. Privacy
Regarding privacy, we use your information as explained in the KolaboFort Privacy Policy. If you have concerns about how your information is used or transferred, please refrain from using our services. It’s important to note that your name and personal details may be used for identification purposes during business transactions on the marketplace, such as on invoices and purchase orders.
42. Indemnity
You agree to indemnify us (including our officers, directors, agents, subsidiaries, joint venturers, and employees) from any claims or demands made by third parties because you broke this Agreement or violated any laws, or infringed on the rights of others while using the Website and KolaboFort Services. This includes covering legal fees and costs. Additionally, we can use funds in your Account to cover any debts you owe us or losses we suffer because of your failure to fulfil your obligations or breach of this User Agreement.
43. Security
If you notice any unauthorized access or security breach on the Website, your Account, or the KolaboFort Services, please let us know right away. Take all necessary steps to minimize the unauthorized access or breach, such as preserving evidence and informing the appropriate authorities. Remember, your User Account is yours alone, so don’t share your password with anyone. It’s your responsibility to keep your password secure. We won’t be held responsible for any losses or damages resulting from unauthorized access caused by your failure to secure your password.
44. No warranty as to Each User’s Purported Identity
We do not have the ability to authenticate the identity of every user on the website. While we may provide certain information about a user, such as their location or background check, it’s important to note that this information is based solely on what the user has provided. We offer this information as a convenience to users, but it should not be considered as an introduction, endorsement, or recommendation from us.
45. No Warranty as to Content
The Website is always changing, so the information on it may not always be accurate or reliable. We try our best to prevent offensive or misleading content, but sometimes mistakes happen. Our Services are provided “as is” and without any warranties. We can’t guarantee the accuracy, availability, or security of the Website or the KolaboFort Services. We also can’t guarantee that any defects will be fixed or that the Website will be error-free or perform at a certain standard. We don’t make any guarantees about third-party agreements or the success you may have through the Website. We want to be transparent and let you know that we can’t promise perfection.
46. Limitation of Liability
We are not liable for any indirect, special, or consequential damages, or for any loss of income, business, or profits that may occur as a result of your transactions on the Website. However, please note that these limitations may not apply if prohibited by applicable law. If we are able to limit our liability, we may choose to provide the KolaboFort services again or reimburse the cost of having them provided again.
47. Legal Limitations
In some cases, certain exclusions or limitations may not apply depending on the jurisdiction. We will do our best to limit our liability as much as legally possible. Additionally, we have provisions in place to handle claims on an individual basis rather than as part of a class action. This ensures that each party’s claims are addressed separately. The arbitrator will only provide relief to the individual party seeking it. So you can trust that we’ve got your back!
48. Legal Notice
When it comes to legal notices, we’ll send them to the email address you provided during registration. If we send an email, it’ll be considered received 24 hours after it’s sent, unless we’re notified that the email address is invalid or delivery failed. Alternatively, we can send notices by mail to the address you provided, and in that case, it’ll be considered received three days after it’s mailed. And if you need to send us any notices, make sure to use registered post.
49. Law and Forum for Legal Disputes
As for legal disputes, this agreement is governed by the laws of Nigeria, and if a dispute can’t be resolved through mediation, both you and KolaboFort agree to submit to the jurisdiction of the courts in Nigeria.
50. Severability
If any part of this User Agreement is found to be invalid or unenforceable, we can remove that part while still enforcing the remaining provisions. We may also assign this Agreement to another entity or third party without your consent if there’s a sale or transfer of our assets. But don’t worry, even in that case, you’ll still be bound by this User Agreement.
51. Interpretation
The headings in the agreement are just for reference and don’t limit or describe the scope of each section.
52. No Waiver
If we don’t immediately take action for a breach, it doesn’t mean we’re waiving our right to take action later. However, this doesn’t affect your liability for fraud or fraudulent misrepresentation.
53. Additional Terms
Make sure to read and understand all our policies, as they outline the rules for trading on the KolaboFort Website. Additionally, there may be specific policies or rules that apply to certain services. It’s your responsibility to check our Help pages and policies to ensure compliance. Our policies, along with any referenced policies, are part of this Agreement and provide additional terms and conditions for specific services offered on our websites, such as the Privacy Policy, Code of Conduct Policy, Progress Dispute Resolution Policy, Know your Customer and ID Verification Policy, Copyright Infringement Policy, API Terms and Conditions, and Subscription Terms and Conditions. Please note that these policies may be updated from time to time, and any changes will be effective once posted on the KolaboFort’s Website. When using specific services on our website, you are bound by any posted policies or rules applicable to those services, which may be updated periodically. All such policies or rules are included in this User Agreement.”
54. Communication
By using the Website and Services, you agree to receive notices and information from us through electronic communication. You have the option to withdraw this consent, but please note that doing so may result in the suspension or closure of your Account.
55. General
KolaboFort is based in Lagos, Nigeria, specifically at 5 Omirin Street. This Agreement represents the entire understanding and agreement between you and KolaboFort. Certain sections of this Agreement, such as Fees and Services, Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us, will continue to apply even after the termination of this Agreement.
56. Misusing KolaboFort
When it comes to handling abusive behavior on KolaboFort, we reserve the right to take necessary actions. This includes limiting, suspending, or terminating services or user accounts, as well as banning access, removing content, and taking legal steps. There are various reasons that can lead to these actions, such as using our services for illegitimate purposes, causing issues with other users or legal liabilities, infringing on intellectual property rights, violating our policies, engaging in inappropriate communication with staff members, performing poorly, or attempting to use our platform for objectionable purposes.
57. Feedback
If you have any questions about this User Agreement or need to report any breaches, please feel free to contact us through our customer support website or by emailing us at support@kolabofort.com.
COPYRIGHT INFRINGEMENT POLICY
KolaboFort respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KolaboFort with the information specified below in the form of a “Notification of Alleged Infringement.” It is KolaboFort’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are a User (as defined in the User Agreement or subscriber and concerned about the removal of or blocked access to your content, please provide KolaboFort with the written information specified below in the form of a “Counter-Notification.”
NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you would like to submit a claim of copyright infringement for material, please substantiate each claim by sending KolaboFort a Notification of Claimed Infringement. Support@kolabofort.com
To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:
- Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed
- Identification of the copyrighted material claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled
- Information reasonably sufficient to permit KolaboFort to locate the material that is claimed to be infringing or to be the subject of infringing activity
- Information reasonably sufficient to permit KolaboFort to contact person submitting the Notification, such as a physical address, email address, and telephone number
- A statement that the person submitting the Notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the person submitting the Notification is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
COUNTER-NOTIFICATION
If you elect to send us a Counter-Notification, please send an email or letter to support@kolabofort.com
To be considered effective, a Counter-Notification must be submitted in writing and include the following information:
- Physical or electronic signature of the User or vendor or a person authorized to act on behalf of the User or vendor.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the User or vendor has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The User’s or vendor’s name, address, and telephone number, and a statement that (1) the subscriber consents to the jurisdiction of the Federal District Court for Nigeria’s judicial district in which the address is located, or (2) the User or vendor will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.
Please note that, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Users or vendors who are repeat infringers.
KolaboFort Code of Conduct
KolaboFort has an obligation to conduct its business in accordance with all applicable rules, regulations and laws. We are committed to helping all Users act in a way that preserves trust and respect. This Code is meant as a guide to using our Site appropriately and must be followed at all times. Breaches of this Code are handled according to our Violations Policy will result in disciplinary action, up to, and including, account termination. Any questions regarding this Code should be addressed to the KolaboFort Support Team where we can provide you with additional information regarding the correct procedure(s) to follow, and address any concerns you may have.
Personal Behavior
- I will act ethically and with integrity.
- I will comply with all of Freelancer’s policies.
- I will respect the rights of all Users.
- I will not abuse confidential information, or participate in any other illegal practice.
- I will have regard for Users’ interests, rights and safety.
- I will not harass, bully or discriminate.
- I will not falsify my own or any other identity and I will provide true and correct information.
- I will not seek to communicate or receive/initiate payments off-site.
- I will not agree to do work I am not capable of doing.
- I will not request the upfront release of Payments before I have delivered work unless as expressly stated in the agreement .
- I will not abuse the services receive on KolaboFort.
User Content
I am responsible for the content I post on KolaboFort and:
- I will not post content that infringes upon any copyright or other intellectual property rights.
- I will not post content that violates any law or regulation.
- I will not post content that is defamatory.
- I will not post content that is obscene or contains child pornography.
- I will not post content that includes incomplete, false or inaccurate information about any person, product, or service.
- I will not post content that contains any viruses or programming routines intended to damage any system.
- I will not post content that creates liability for KolaboFort or harms its business operations or reputation.
Confidentiality
- I will respect confidentiality and privacy.
- I will not disclose information or documents I have acquired, other than as required by law or where authorization is given by Freelancer.
Contact
- I will not ask other KolaboFort users for their private contact details and will communicate with them only through official website features.
Fraud
- I will not engage in fraud.
- I will not create multiple accounts.
- I will not use the Site to illegally transfer funds.
- I will not use the Site to generate false feedback about any person, product, or service.
Communication
- I will avoid exaggeration, derogatory remarks, and inappropriate references.
- I will not engage in personal attacks, negative or other unfair criticism, and any unprofessional conduct.
Bidding
- I will not underbid to avoid fees.
- I will not participate in projects involving illegal behaviour.
- I will only bid on projects that I plan to complete.
Spam or Advertising
- I will not spam or advertise my website or service unless otherwise allowed.
Affiliates
- I will not refer myself for the Affiliate Program.
- I will not obtain names from mailing lists, group emails, etc. to send unsolicited emails (“Spam”).
Payments
- I will not use KolaboFort to facilitate money exchange including, but not limited to, cryptocurrency (e.g. Bitcoin, ethereum, etc.).
- I will comply with my obligations after the work is submitted.