FreelancersAfrica Terms of Service

1. Representations and Warranties

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 FreelancersAfrica services.

The Site is available only to users who are not subject to any economic sanctions or trade restrictions imposed by the United States, European Union, or any other applicable jurisdiction.

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.

2. Key Terms

Employers/Buyers are users who purchase services on FreelancersAfrica .
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.
Service Addons (Gig Extras) are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
Service Packages/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® / Services are services offered on FreelancersAfrica .
Service History (found in “My bought Services”/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.
Freelancers/Sellers are users who offer and perform services through Gigs/Services on FreelancersAfrica .

3. Overview (Main terms, in a nutshell)

Only registered users may buy and sell on FreelancersAfrica . By registering for an account, you agree to provide us with accurate, complete, and updated information regarding your business or personal details, and update such details as required, without undue delay. In addition, you 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 FreelancersAfrica may be offered at a base starting price. FreelancersAfrica reserves the right to set a higher base starting price in certain categories. Sellers determine their Gig pricing, at their sole discretion.

Buyers pay FreelancersAfrica 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 level.

Sellers gain account levels based on their performance metrics.

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

FreelancersAfrica retains the right to use all delivered work that the user has agreed to include and is published as part of a review for FreelancersAfrica marketing and promotion purposes.

We care about your privacy. You can read our Privacy Policy on our website.

4. Sellers

4.1 Basics

Sellers create Gigs on FreelancersAfrica 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.

FreelancersAfrica 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 FreelancersAfrica content via the Google Ads platform.

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

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.

If you declare yourself to sell on FreelancersAfrica for purposes relating to your primary job or profession, you will be considered a “Business Seller” and the following additional term will apply to you: (i) upon creating a Gig, or upon our request, Business Sellers will be required to submit the following information and documents to FreelancersAfrica : (a) name, address, telephone number, and email address; (b) copy of an identification document (e.g. identity card, passport) or other electronic identification as may be required by us; (c) payment details; (d) trade registration number or equivalent means of identification and the trade register in which the Business Seller is registered (if applicable); (e) self-certification by the Business Seller committing to only offer products or services that comply with the European Union applicable regulations; and (f) upon our request, further appropriate documents that prove the information provided. (ii) If a Business Seller fails to provide this information and documents within a given reasonable deadline, FreelancersAfrica may restrict or suspend the account.

4.2 Gigs®

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

Gigs created on FreelancersAfrica are User Generated Content.

Gigs and/or users may be removed by FreelancersAfrica from the Site for violations of the Terms, 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
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
Low-quality services or deliveries
Promoting FreelancersAfrica and/or FreelancersAfrica 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 have been permanently removed for violations are not eligible to be restored or edited.

Gigs may be removed from our listings due to violations of our Terms, poor performance, and/or user misconduct.

Gigs may include website URLs to pre-approved URL patterns contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates AfriFreelancers’ Terms, will be removed.

Gigs are required to have an appropriate Gig image related to the service offered. 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 FreelancersAfrica .

Statements on the Gig Page that undermine or circumvent these Terms are prohibited.

Eligible Gigs 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 Freelancers to create Gigs. If you are not a Pro Freelancer, creating a Gig for services available to Pro Freelancers only may result in the removal of your Gig.

4.3 Gig® Extras/Service Addons

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

Gig Extras may be removed for violations of our Terms. For specific terms, please see the Gigs section above for a list of services that violate our Terms. Gigs are subject to removal due to violations found in Gig Extras.

Services offered through Gig Extras must be related to the base service and part of the deliverables on the Order.

Gig Extras may cover different categories of services that are components of a higher quality delivered service.

Sellers have the option to extend the duration of an Order for each Gig Extra that is added to the Order. This is to cover the time needed to complete the extra service.

4.4 Levels

Our level system empowers Sellers with metrics demonstrating what drives their progress. As Sellers gain more experience on the platform and advance to higher Levels, they will be eligible for new benefits and tools.

FreelancersAfrica Sellers can gain account levels based on their activity and performance metrics. For Top Rated Seller Level (TRS), eligibility is also based on manual evaluation. Details about the level criteria and the relevant performance metrics can be found on our website.

In certain categories, the TRS evaluation process may require sellers to complete mandatory tests or other verification steps.

AfriFreelancers may update the level criteria and the benefits and tools per level from time to time.

Violations of these Terms may result in your account being placed on hold from progress in the leveling system, excluding your account from participation in the leveling system and/or affect your eligibility for certain benefits and tools.

4.5 Pro Freelancers

Pro Freelancers are pre-vetted and hand-selected professionals vetted by FreelancersAfrica . Applying for FreelancersAfrica Pro is open to everyone: new and existing Freelancers.

Pro Freelancers’ eligibility is constantly evaluated by FreelancersAfrica to ensure that the quality standards and expectations of the Pro Freelancer selection are kept. FreelancersAfrica retains the right to change a Pro Freelancer status in light of such evaluation. In addition, Pro Freelancers who cannot maintain their high-quality service through a severe drop in ratings, stop delivering on time, increase cancellation rate, or violate our Terms, also risk losing their Pro status and the benefits that come with it.

4.6 Seller Features

FreelancersAfrica Sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

Sellers can send Custom Offers addressing specific requirements of a Buyer.

Custom Offers are defined by the Seller with the exact description of the service, the price, and the time expected to deliver the service.

Custom Offers are sent from the conversation page.

Services provided through Custom Offers may not violate FreelancersAfrica’ Terms.

Project Milestones

Gig and Custom Offers above $100 may include up to six project milestones, the minimum amount for each milestone is $50, and the project should include at least two milestones. Each milestone is paid and delivered separately in accordance with each Gig or Custom Offer’s description and timelines.

Once a milestone is delivered and marked as completed, Buyers may choose to either continue with the Order and pay for the next milestone or stop the Order. If the Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being marked as Delivered; however, in such cases, all further milestones will not start.

Gig Subscription

Eligible Sellers may offer Buyers a fixed-term subscription for a specific Gig (the “Gig Subscription”). During the Gig Subscription term, the Seller will deliver one Order of the same Gig on a recurring basis, as agreed between the Seller and Buyer.

Buyers may cancel future Orders under the Gig Subscription before payment is made for such future Orders. In such cases, the Orders under the Gig Subscription will be canceled, as applicable. Once payment is made, FreelancersAfrica’ Order Cancellation policy under the Payments Terms will apply.

Sellers may cancel the Gig Subscription up to 10 days before the next consecutive Order. Otherwise, FreelancersAfrica’ Order Cancellation policy under the Payments Terms will apply.

Shipping Physical Deliverables

Some of the services on FreelancersAfrica are delivered physically (arts and crafts, collectible items, etc.). For these types of Gigs, Sellers may decide to define a shipping pricing factor.

Gigs that include a shipping pricing factor must have physical deliverables sent to Buyers.

Shipping costs added to a Gig only pertain to the cost Sellers require to ship physical items to Buyers.

Important: Buyers who purchase Gigs that require physical delivery will be asked to provide a shipping address.

Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.

FreelancersAfrica does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.

A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available on the Order Page when delivering your work.

5. Buyers

5.1 Basics

You may not offer direct payments to Sellers using payment systems outside of the FreelancersAfrica platform.

FreelancersAfrica retains the right to use all delivered work that the user has agreed to include and is published as part of a review for FreelancersAfrica marketing and promotional purposes.

Buyers may request a specific service from the Brief feature. Services requested on FreelancersAfrica must be an allowed service on FreelancersAfrica . Users should refrain from using the Brief feature for any purpose other than looking for services on FreelancersAfrica .

When placing an order on the FreelancersAfrica platform, you may only use funds that were obtained from legal sources and are not, directly or indirectly, connected to any unlawful or fraudulent activities.

5.2 Purchasing

Please refer to the Payment Terms for making Payments through the FreelancersAfrica platform and to learn about fees and taxes.

Buyers can request a Custom Order which addresses specific Buyer requirements and receive a Custom Offer from Sellers through the site.

You may not offer Sellers to pay or make payment using any method other than through the FreelancersAfrica .com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.

5.3 Recommendation System

We make personalized recommendations of content to our users in order to enhance the experience on AfriFreelancers.

6. Orders

6.1 Basics

Once payment is confirmed, your order will be created and given a unique FreelancersAfrica order number.

Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Gig.

The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to the Seller.

An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered. The Buyer may extend such period by up to 5 additional days.

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact FreelancersAfrica’ Customer Support department for assistance. For more information about disputes, Order cancellations, and refunds please refer to the Payment Terms.

6.2 Handling Orders

When a Buyer orders a Gig, the Seller is notified by email as well as notifications on the site while logged into the account.

Sellers are required to meet the delivery time they specified when creating their Gigs. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s level.

Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as “Delivered”.

Users are responsible for scanning all transferred files for viruses and malware. FreelancersAfrica will not be held responsible for any damages which might occur due to site usage, use of content, or files transferred.

Buyers may use the “Request Revisions” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their Gig page or they do not match the requirements sent to the Seller at the beginning of the order process.

6.3 Reviews

Reviews provided by Buyers are an essential part of FreelancersAfrica’ rating system.

Reviews will not be removed unless there are clear violations of our Terms.

To prevent any misuse of our review system, all reviews must come from legitimate and eligible orders. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Site, may result in a permanent suspension of all related accounts.

Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited. Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Once both Seller and Buyer have completed their reviews, or the applicable review period has passed, all posted reviews are made public.

Work Samples are added to a Seller’s Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review. Work

Samples are the delivered images and videos sent to a Buyer in a delivery message.

7. User Conduct and Protection

FreelancersAfrica enables people around the world to create, share, sell, and purchase nearly any service they need at an unbeatable value. Services offered on FreelancersAfrica reflect the diversity of an expanding Gig economy. Members of the FreelancersAfrica community communicate and engage through orders, social media, and on FreelancersAfrica ’ Community Forums.

FreelancersAfrica maintains a friendly, community-spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of FreelancersAfrica . This section relates to the expected conduct users should adhere to while interacting with each other on FreelancersAfrica .

To report a violation of our Terms, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.

7.1 Basics

Requesting or providing email addresses, third-party messaging applications, telephone numbers, or any other personal contact details to communicate outside of FreelancersAfrica in order to circumvent or abuse the FreelancersAfrica messaging system or FreelancersAfrica platform is not permitted.

Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.

FreelancersAfrica does not provide any guarantee of the level of service offered by Sellers to Buyers. You may use the dispute resolution tools provided to you on the Order Page.

FreelancersAfrica does not provide protection for users who interact outside of the Site.

All information and file exchanges must be performed exclusively on the Site.

Rude, abusive, or improper language, and violent or threatening messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation, or otherwise, and you acknowledge that such discrimination may result in the suspension/removal of your account.

Users may not submit proposals or solicit parties introduced through FreelancersAfrica to contract, engage with, or pay outside of FreelancersAfrica .

7.2 Orders

Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status-related actions determined by review by our Trust & Safety team.

Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or canceling orders that do not align with Order Cancellation or Feedback policies.

7.3 Gigs

Users may report Gigs that may be in violation of FreelancersAfrica ’ Terms based on the reported Gig’s replicated similarity to pre-existing services (copycat Gigs) through our reporting system or to Customer Support.

Sellers warrant that any content included in their Gigs is original work conceived by the Seller and does not infringe any third-party rights, including, without limitation, copyrights, trademarks, or service marks. In the event that certain music or stock-footage media are incorporated within the Gigs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs.

FreelancersAfrica will respond to clear and complete notices of alleged copyright or trademark infringement.

7.4 Reporting Violations

If you come across any content that may violate our Terms and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms. All cases are reviewed by our Trust & Safety team. Our decision, among others, may rely on the information that you provided to us. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information. Any misuse of our reporting system may result in restriction or a permanent suspension of the related accounts.

7.5 Violations

Users may receive a warning to their account for violations of our Terms or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity but can result in your account being placed on hold from progress in the leveling system, excluding your account from participation in the leveling system, affect your eligibility for certain benefits and tools, remove your Gigs from our listings or lead your account to becoming permanently disabled.

If we have taken action against a user’s account or a Gig(s), for the violation of our Terms, we will send the user an email explaining the reasons and basis for such actions as well as their options regarding an additional review.

Non-Permitted Usage

Adult Services & Pornography: FreelancersAfrica does not allow any exchange of adult-oriented or pornographic materials and services.
Inappropriate Behavior & Language: Communication on FreelancersAfrica should be friendly, constructive, and professional. FreelancersAfrica condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam: Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members’ privacy by not contacting them with offers, questions, suggestions, or anything which is not directly related to their Gigs or orders.
Privacy & Identity: You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided on the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off FreelancersAfrica will not be protected by our Terms of Service.
Authentic AfriFreelancers Profile: You may not create a false identity on FreelancersAfrica, misrepresent your identity, create a FreelancersAfrica profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information. Your profile information, including your description, skills, location, etc., must be accurate and complete and may not be misleading, illegal, offensive, or otherwise harmful. FreelancersAfrica reserves the right to require users to go through a verification process to use the Site (whether by using ID, phone, camera, register excerpts, documents, etc.).
Intellectual Property Claims: AfriFreelancers will respond to clear and complete notices of alleged copyright or trademark infringement and/or violation of third party’s terms of service.
Fraud / Unlawful Use: You may not use FreelancersAfrica for any unlawful purposes or to conduct illegal activities, including to bypass economic sanctions or trade restrictions imposed by the United States, European Union, or any other applicable jurisdiction.

7.6 Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact FreelancersAfrica ‘ Customer Support department for assistance. For more information about disputes, Order cancellations, and refunds please refer to the Payment Terms.

7.7 Content Moderation, Notices, and Appeals

FreelancersAfrica is generally not obligated to proactively check the content posted by users for its legality or compatibility with Terms. We are nonetheless entitled to carry out voluntary checks on our initiative to identify and determine illegal or incompatible content and take appropriate measures. We may take appropriate actions if we find, or are notified of, a violation of the Terms.

If FreelancersAfrica takes action concerning you, your account, or content, you can file a complaint against this decision. You may also file a complaint if you disagree with our decision following a notice you submitted. In both cases, the deadline for submitting a complaint is six months following the notification of the respective decision to you. You may file a complaint by contacting our Customer Support. Please explain in your complaint why you believe we should reverse our decision.

We will handle complaints in a timely, non-discriminatory, diligent, and objective manner and will reverse our decision if we conclude that it has been taken erroneously.

8. Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content, and other materials available thereon, is exclusively owned by FreelancersAfrica and protected by copyright, trademark, and other intellectual property laws. FreelancersAfrica® is a registered trademark owned exclusively by FreelancersAfrica . Users have no right, and specifically agree not to do the following with respect to the Site or any part, component, or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage, or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software, or queries that intercepts, “mines,” scrapes, or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site,

or engage in any manual process to do the same; (viii) introduce any viruses, trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful into our systems; (ix) use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other users’ enjoyment of the Site; or (x) access or use the Site in any way not expressly permitted by the Terms. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, FreelancersAfrica owns all right, title, and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

9. User Generated Content

User Generated Content (“UGC”) refers to the content uploaded by users as opposed to content created by the Site. All content uploaded to the Site by our users (Buyers and Sellers) is User Generated Content. FreelancersAfrica does not proactively check UGC for appropriateness, violations of copyright, trademarks, other rights, or violations, and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power, and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection, or publicity rights of any third party; (b) violate any applicable local, state, federal, and international laws, regulations, and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Violating content may be removed or disabled.

Furthermore, FreelancersAfrica is not responsible for the content, quality, or the level of service provided by the Sellers. We provide no warranty with respect to the Gigs, their delivery, or any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community, and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that they have sufficient permissions, rights, and/or licenses to provide, sell or resell the service that is offered on FreelancersAfrica. Sellers advertising online their Gig must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in the removal of the Gig and may lead to the suspension of the Seller’s account.

10. Ownership

Ownership and limitations: When purchasing a Gig on FreelancersAfrica, unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights (to the extent permitted by applicable law) therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig, and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom created work (such as artwork, design work, report generation, etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to the Terms, assigns all right, title, and interest in and to the delivered work to the Buyer. Some Gigs (including for custom-created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

Voice Over Gigs: When the work is delivered, and subject to payment, the Buyer is purchasing basic rights (which means the Buyer is paying a one-time fee allowing them to use the work forever and for non-commercial purposes). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television, and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra.

Gig Commercial Use License: By purchasing a “Commercial Use License” with your Gig Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business-related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software, or other business-related tools, and strictly excludes any illegal, immoral, or defamatory purpose.

11. Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE. NEITHER FREELANCERSAFRICA NOR ANY PERSON ASSOCIATED WITH FREELANCERSAFRICA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Machine Translation

Certain user-generated content on the Site has been translated for your convenience using translation software. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.

13. Limitation on Liability

PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE, IN NO EVENT WILL FREELANCERSAFRICA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Deactivate and Disable Account

FreelancersAfrica reserves the right to put any account on hold or permanently disable accounts due to breach of the Terms, including low-quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.

Violation of FreelancersAfica’ Terms may get your account permanently disabled.

Users with disabled accounts will not be able to sell or buy on FreelancersAfrica and related content may be removed. Please refer to the Terms, in particular the Content Moderation, Notices, and Appeals section, for your rights to object to our decisions, or contact our Customer Support team for more information surrounding the violation and status of your account.

Users may also deactivate their account with FreelancersAfrica at any time from their account settings. Users that deactivate their account will still be responsible for any outstanding payment obligations.

Any provisions of the Terms that relate to the relation between a Seller and a Buyer regarding Orders on FreelancersAfrica will remain in effect even after you deactivate your account, or after your access to FreelancersAfrica is disabled.

15. Security Features

Users have the option to enable account security features to protect their account from any unauthorized usage.

Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

16. General Terms

16.1 Changes to these Terms

FreelancersAfrica may make changes to these Terms from time to time. When these changes are made, FreelancersAfrica will make a new copy of the Terms available on the respective page.

You understand and agree that if you use FreelancersAfrica after the date on which the Terms have changed, FreelancersAfrica will treat your use as acceptance of the updated Terms. If you do not agree to the changes to the Terms, you will have to deactivate your account.

FreelancersAfrica may change these Terms due to changes in the Site, the Site’s policies, the services and in the usual course of developing our product, changes in any relevant feature or functionality of the Site, changes in circumstances beyond our reasonable control, to adapt to new technologies, and to address changes in law and regulatory requirements as well as security and fraud issues.

16.2 Indemnification

To the fullest extent possible pursuant to applicable law, you agree to defend, indemnify, and hold FreelancersAfrica harmless, including its officers, directors, or shareholders, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including attorneys’ fees) arising from: (1) your violation of any of these Terms or any other FreelancersAfrica Terms, policies, and standards; (2) your violation of any third-party right, including any intellectual property right, access rights, property, or privacy right; and/or (3) any other type of claim that your Gig Page and/or Gigs and/or your use of the Site or services caused to a third party, provided that FreelancersAfrica acts with reasonable professional diligence. FreelancersAfrica reserves the right to handle its legal defense however it deems fit—even if you are indemnifying FreelancersAfrica —in which case you agree to cooperate with FreelancersAfrica so it can execute its strategy.

16.3 Severability

If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. FreelancersAfrica’ failure to enforce any part of the Terms is not a waiver of its right to later enforce that or any other part of the Terms.

16.4 Entire Agreement

Our Terms constitute the entire agreement concerning the subject matter therein and supersede any other agreement regarding the Site or services.

16.5 Interpretation

Any heading, caption, or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amends the provisions within the Terms nor shall it legally bind us in any way.

The original language of the Terms is English. FreelancersAfrica makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

For any questions or concerns about these Terms of Service, please contact us at support@freelancersafrica.com, or physically at:

FreelancersAfrica
21 Idlewood Ave, Hamilton, ON, L8T 1W9, Canada.