Préparez-vous! C'est presque là... Contactez-nous pour en savoir plus Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie

SmarkAfrica Terms of Use Effective Date: 13th June 2025 Welcome to *SmarkAfrica.com* (also referred to as “SmarkAfrica”, “Skills Market”, “we”, “our”, or “us”). These Terms of Use (“Terms”) govern your access to and use of our website, mobile applications, tools, and services (collectively, the “Platform”), which enable individuals and businesses to offer and purchase freelance and digital services across Africa and globally. By accessing or using the Platform, whether as a *Client, **Service Provider, or **visitor*, you acknowledge that you have read, understood, and agreed to be bound by: •⁠ ⁠These Terms of Use •⁠ ⁠Our *Privacy Policy* •⁠ ⁠The *Service Provider Agreement* (if applicable) •⁠ ⁠Any other guidelines, policies, or legal notices posted or communicated via the Platform These Terms form a legally binding agreement between you and SmarkAfrica. If you disagree with these provisions, you must refrain from accessing or using the Platform. --- 1.1 Our Mission SmarkAfrica’s mission is to empower African talent by connecting skilled freelancers with clients seeking high-quality, affordable, and reliable services. We provide a trusted marketplace where freelancers can showcase their abilities and grow sustainable businesses, while clients benefit from diverse service offerings and secure collaboration tools. --- 1.2 Scope of Services SmarkAfrica provides the following: •⁠ ⁠A digital marketplace where Service Providers can post freelance services (called “Gigs”) •⁠ ⁠Tools for Clients to purchase, review, and communicate about those services •⁠ ⁠Escrow-based payment and dispute resolution systems •⁠ ⁠Access to educational resources, including *Smark Academy* for upskilling freelancers •⁠ ⁠Profile management tools, ratings and reviews, analytics, and earnings dashboards SmarkAfrica acts solely as an intermediary between Clients and Service Providers and is *not a party to the contractual relationship* formed between them. --- 1.3 Relationship Between Parties Unless explicitly stated otherwise, all users of the Platform: •⁠ ⁠Act in their individual capacity as *independent contractors, **businesses, or **clients*, and •⁠ ⁠Are not agents, employees, partners, or representatives of SmarkAfrica Nothing in these Terms creates any agency, joint venture, or employment relationship between users and the Platform. --- 1.4 Applicability These Terms apply to: •⁠ ⁠*Visitors* browsing the Platform •⁠ ⁠*Clients* purchasing services via the Platform •⁠ ⁠*Service Providers* offering services to Clients via published Gigs or custom offers Specific provisions within these Terms may apply differently based on user type. By creating an account and selecting your user role, you agree to the additional responsibilities and restrictions applicable to that role. 2.⁠ ⁠ELIGIBILITY To ensure a safe, lawful, and high-quality community, use of the SmarkAfrica Platform is subject to strict eligibility requirements. By accessing or registering on the Platform, you confirm that you meet all the following criteria: ⸻ 2.1 Minimum Age Requirement You must be at least: • 18 years old, or • The legal age of majority in your country of residence, whichever is higher, to use the Platform, create an account, enter into contracts, and receive payments. If you are under the required age, you may not use the Platform even with parental or guardian consent. ⸻ 2.2 Legal Capacity You must have the legal capacity and authority to: • Enter into binding contracts under applicable law • Use the Platform for commercial or professional purposes • Represent a company or organization (if registering on behalf of one) If you are acting on behalf of a company, agency, or other entity, you represent and warrant that you have the right and authority to bind that entity to these Terms. ⸻ 2.3 Geographic Access SmarkAfrica is available to users across Africa and internationally. However: • Access may be restricted or limited in certain countries or territories due to local laws, sanctions, or compliance requirements • It is your sole responsibility to ensure that your use of the Platform does not violate any applicable laws or regulations in your country SmarkAfrica reserves the right to restrict, block, or suspend access to users in certain jurisdictions for compliance, security, or legal reasons. ⸻ 2.4 Account Suspension and Bans You are not eligible to use the Platform if: • You have previously been suspended, removed, or banned from SmarkAfrica for violating any of our terms, policies, or community standards; • You are currently prohibited from entering into legally binding agreements for any reason; • You attempt to re-register under a false name or using deceptive information after account removal We reserve the right to reject any application or account registration, with or without providing a reason, and to suspend or terminate accounts that breach this eligibility section. ⸻ 2.5 Identity Verification To maintain trust and platform integrity, SmarkAfrica may, at any time: • Require you to complete identity verification through government-issued documents, bank account verification, or other tools • Restrict access to certain features or withhold payouts until your identity has been successfully verified • Suspend or permanently deactivate your account if identity fraud or misrepresentation is suspected Your information will be handled in accordance with our [Privacy Policy], and used solely for security, legal, and operational purposes. 3. ACCOUNT REGISTRATION & SECURITY To access most features of the SmarkAfrica Platform, including offering or purchasing freelance services, you must create a registered account. This section outlines the responsibilities and conditions for managing your account. --- 3.1 Account Types SmarkAfrica offers two primary user roles: •⁠ ⁠*Service Provider*: Freelancers, contractors, or businesses offering services via Gigs or custom proposals. •⁠ ⁠*Client*: Individuals, businesses, or organisations seeking and purchasing freelance services. Upon registration, you must select the correct role. You may operate as both a Service Provider and a Client using the same account, but you must comply with the applicable obligations for each role. --- 3.2 Registration Requirements When creating an account, you agree to: •⁠ ⁠Provide *true, accurate, and complete* personal or business information, including your name, email address, country, and contact details. •⁠ ⁠Maintain and update your profile to ensure accuracy over time. •⁠ ⁠Choose a *secure password* and protect your login credentials. •⁠ ⁠Upload only *authentic identification* and business documents if required for verification. False, misleading, or incomplete information may result in suspension, deactivation, or denial of access to the Platform. --- 3.3 Identity and Business Verification SmarkAfrica reserves the right to verify your identity or business details at any point by requesting: •⁠ ⁠Government-issued photo identification •⁠ ⁠Proof of address •⁠ ⁠Business registration or tax documents •⁠ ⁠Bank or mobile money account ownership details Verification may be required to: •⁠ ⁠Access specific features (e.g., gig publishing, fund withdrawal) •⁠ ⁠Achieve verified status or enhanced visibility •⁠ ⁠Comply with anti-fraud or anti-money laundering regulations Failure to cooperate with verification requests may result in account suspension or limitations. --- 3.4 Account Security You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to: •⁠ ⁠Keep your login information secure and private •⁠ ⁠Use two-factor authentication (if enabled) •⁠ ⁠Notify us immediately at [Insert Contact Email] if you suspect unauthorized access or a security breach •⁠ ⁠Log out after each session when using a shared device SmarkAfrica will not be liable for any loss or damage arising from your failure to secure your account. --- 3.5 Account Use Restrictions You agree not to: •⁠ ⁠Register more than one personal account unless explicitly approved by SmarkAfrica •⁠ ⁠Share, sell, rent, or transfer your account to another person or entity •⁠ ⁠Use your account to impersonate another person, business, or freelancer •⁠ ⁠Allow unauthorized users to access your account on your behalf SmarkAfrica may take legal or disciplinary action, including account termination, if misuse is detected. --- 3.6 Account Suspension or Closure We reserve the right to suspend, restrict, or permanently close your account: •⁠ ⁠At your request, after completing any outstanding obligations •⁠ ⁠For violations of these Terms or any other platform policies •⁠ ⁠If we believe your actions could harm the safety, trust, or legal compliance of the Platform •⁠ ⁠If your account remains *inactive for more than 12 months* You may request closure of your account by contacting support at [Insert Contact Email]. Closure is subject to the resolution of all open orders, withdrawal of any remaining funds, and compliance with any legal or financial obligations. 4.4 Communication and Off-Platform Dealings All communication between Clients and Service Providers must remain on the Platform until: •⁠ ⁠An order is complete and fully paid for, or •⁠ ⁠SmarkAfrica grants express permission in writing for external collaboration (e.g., for verified long-term clients or enterprise arrangements) *Off-platform solicitation*—including attempts to circumvent SmarkAfrica’s fees—is strictly prohibited. Violators may face immediate account termination, withholding of funds, or legal action. --- 4.5 Prohibited Content and Conduct You may not use the Platform to: •⁠ ⁠Post or share offensive, discriminatory, pornographic, violent, or deceptive content •⁠ ⁠Offer services related to hacking, fake reviews, academic dishonesty, illegal downloads, or counterfeit documents •⁠ ⁠Harass, threaten, or abuse other users •⁠ ⁠Upload or transmit viruses, malicious code, or harmful files We reserve the right to remove any content or accounts that violate these rules, and to report illegal activity to the appropriate authorities. --- 4.6 Platform Moderation and Enforcement SmarkAfrica may monitor communications, gigs, and activity on the Platform to: •⁠ ⁠Maintain service quality •⁠ ⁠Detect and prevent fraud or abuse •⁠ ⁠Enforce these Terms and related policies We reserve the right to: •⁠ ⁠Issue warnings or restrict specific actions •⁠ ⁠Suspend or permanently deactivate accounts •⁠ ⁠Remove or edit content that violates platform standards •⁠ ⁠Withhold payments or block transactions pending investigation 5. PAYMENT TERMS SmarkAfrica uses a secure, escrow-based payment system to protect both Clients and Service Providers. This section outlines how funds are processed, how commissions are applied, and how payments are disbursed. --- 5.1 Escrow Payment System When a Client purchases a service or accepts a custom offer: •⁠ ⁠The full order amount is *charged in advance* and held in *escrow* by SmarkAfrica (or its authorised payment partners). •⁠ ⁠These funds are *not released* to the Service Provider until the order is marked as complete by the Client or auto-completed per platform policy. •⁠ ⁠Escrow ensures that Clients pay only for delivered services, and Service Providers are protected from non-payment once terms are fulfilled. --- 5.2 Order Completion and Fund Release Orders are marked complete in the following ways: •⁠ ⁠*Manual Completion*: When the Client approves the delivered work; •⁠ ⁠*Auto-Completion: If the Client fails to respond within **7 days* after delivery; •⁠ ⁠*Dispute Resolution*: If SmarkAfrica rules in favor of the Service Provider after a formal dispute. Once an order is complete, funds are *released to the Service Provider’s wallet* and become eligible for withdrawal after a *7-day clearance period* (subject to review, fraud prevention, or compliance checks). --- 5.3 Commission Structure SmarkAfrica charges a *tiered commission* on each transaction between Clients and Service Providers, deducted before payout: | Total Earnings Per Client | SmarkAfrica Commission | Service Provider Earnings | |----------------------------------|-------------------------|----------------------------| | First *$500* per client | *15%* | *85%* | | Earnings *above $500* per client | *10%* | *90%* | •⁠ ⁠This commission applies on a *per-client basis*, encouraging long-term client relationships. •⁠ ⁠The tier resets with *each new client*. --- 5.4 Service Pricing and Transparency •⁠ ⁠Service Providers are free to set their own prices for services offered on the Platform. •⁠ ⁠The Platform will automatically calculate and display applicable commissions and net earnings to the Service Provider before confirming any transaction. •⁠ ⁠Clients will be shown the *total payable amount*, inclusive of service fees and applicable taxes (where relevant). --- 5.5 Withdrawals and Payouts Service Providers may withdraw available earnings using the supported payment methods, which may include: •⁠ ⁠Bank transfer •⁠ ⁠Mobile money •⁠ ⁠E-wallets (e.g., PayPal, Payoneer) •⁠ ⁠Local payout providers (varies by region) Withdrawals are subject to: •⁠ ⁠A *minimum withdrawal amount* (if applicable) •⁠ ⁠*Currency conversion fees* and *third-party processing charges* •⁠ ⁠Completion of any necessary *identity verification* SmarkAfrica is not responsible for delays or errors caused by third-party payment processors. --- 5.6 Taxes and Compliance Service Providers are considered *independent contractors* and are solely responsible for: •⁠ ⁠Reporting and paying any *income taxes, VAT, or social contributions* required under their local tax laws •⁠ ⁠Complying with all legal, financial, and regulatory obligations in their jurisdiction SmarkAfrica does *not withhold* or remit taxes on your behalf and will not issue tax documentation unless required by law. --- 5.7 Refunds Clients may request a refund only in the following cases: •⁠ ⁠The Service Provider *fails to deliver* the work as agreed •⁠ ⁠The delivered work is *incomplete, non-functional, or clearly violates gig terms* •⁠ ⁠The Client and Service Provider *mutually agree* to cancel the order Refunds will be processed at SmarkAfrica’s discretion, following review of the order history and evidence provided by both parties. Refunds are typically issued to the Client’s original payment method or as platform credits. 6.⁠ ⁠DISPUTES AND RESOLUTION While SmarkAfrica encourages all users to collaborate respectfully and resolve issues directly, we provide a structured resolution process to help manage disputes when mutual agreement cannot be reached. ⸻ 6.1 Attempted Direct Resolution First Before escalating a complaint, Clients and Service Providers are expected to: • Communicate clearly and respectfully through the Platform’s messaging tools • Attempt to resolve disagreements in good faith, including revision requests, clarifications, or reasonable compromises Most disputes can and should be settled without intervention. ⸻ 6.2 Dispute Eligibility A dispute may be raised when: • A Client is dissatisfied with the delivered work • A Service Provider believes the Client is unfairly withholding approval or misusing revision requests • Either party alleges breach of agreement, such as non-delivery, poor-quality work, or missed deadlines Disputes must be raised within 7 days of delivery or within the agreed deadline if no delivery has occurred. After this window, orders may be auto-completed and funds released. ⸻ 6.3 Submitting a Dispute To initiate a dispute: 1. Go to the relevant order page 2. Click “Raise a Dispute” and select the reason 3. Provide supporting details (screenshots, delivery files, message history) 4. Wait for the other party to respond (typically within 72 hours) Disputes are reviewed by the SmarkAfrica Resolution Team on a case-by-case basis. ⸻ 6.4 SmarkAfrica’s Review Process Once a dispute is escalated: • Our team will evaluate all order-related communication, files, delivery timelines, and agreed terms • We may contact both parties for clarification • We may recommend further revisions, partial refunds, cancellation, or full payment based on merit Our decisions are made objectively based on platform policies, evidence, and order terms—not on personal preferences. All decisions made by SmarkAfrica in formal dispute cases are final and binding. ⸻ 6.5 Fraud and Abuse Disputes raised in bad faith may result in disciplinary action. This includes: • Filing false or misleading complaints • Delivering blank, plagiarized, or low-effort work to trigger completion • Withholding approvals to extract extra work or refunds • Attempting to manipulate the dispute system for personal gain SmarkAfrica reserves the right to withhold funds, terminate accounts, or report fraudulent activity to authorities if misuse is confirmed. ⸻ 6.6 Chargebacks and Payment Reversals If a Client initiates a chargeback or payment reversal through their bank or credit card provider: • The order will be immediately flagged and frozen for investigation • The Service Provider’s earnings may be reversed if SmarkAfrica is unable to resolve the chargeback in its favor • Affected users may be required to provide proof of delivery, communication records, or identity documents Repeated chargebacks or abuse of payment systems may result in a permanent account ban. ⸻ 6.7 Platform Limitation of Liability SmarkAfrica is not a party to the contract between Client and Service Provider. While we offer tools and support for resolution, we are not liable for: • Any damages resulting from service dissatisfaction or failed delivery • Client decisions to reject work or cancel orders • Loss of earnings caused by disputes, chargebacks, or refunds • Misunderstandings between users who fail to use clear written instructions Users are encouraged to define expectations in writing and use clear communication throughout every project. 7.⁠ ⁠CONFIDENTIALITY & DATA USE SmarkAfrica is committed to maintaining a secure and trustworthy platform. This section outlines your responsibilities concerning the handling of confidential information and personal data when using the Platform. ⸻ 7.1 Confidentiality Between Users By using the Platform, you agree to treat all shared information between Clients and Service Providers as strictly confidential, including but not limited to: • Project briefs, specifications, and deliverables • Pricing, proposals, and communications • Business strategies, internal documents, and unpublished material • Personal or contact information of other users You may not: • Disclose, reproduce, or distribute this information to third parties • Use confidential information for purposes outside of the agreed order • Retain client data after the project unless permitted or required for legal compliance This obligation of confidentiality survives the completion of an order and the closure of your account. ⸻ 7.2 Platform Data Protection Practices SmarkAfrica processes and protects user data in accordance with the UK Data Protection Act 2018, the General Data Protection Regulation (GDPR), and applicable international standards. By using the Platform, you acknowledge and agree that: • Your personal and project data may be collected, stored, and processed for the purpose of providing services, supporting transactions, complying with legal obligations, and improving Platform performance • Data may be hosted in or transferred to countries outside your own, subject to appropriate legal safeguards • Certain account or transaction data may be retained for compliance, fraud prevention, and dispute resolution purposes For full details, please refer to our [Privacy Policy]. ⸻ 7.3 Identity and Payment Verification To prevent fraud and comply with financial regulations, we may request: • Government-issued ID • Proof of address • Bank account or mobile wallet verification This data is encrypted and handled securely, used only for verification, compliance, and fraud protection purposes. Refusal to comply may result in account restrictions or withheld payouts. ⸻ 7.4 Data Access and User Rights You have the right to: • Access and update your personal data via your account dashboard • Request deletion of your account and associated personal data, subject to legal or operational retention requirements • Opt out of certain communications or data processing (e.g. marketing emails) To submit a data-related request, contact [Insert Support Email]. ⸻ 7.5 Prohibited Data Handling You may not: • Use the Platform to collect, store, or transmit sensitive personal data without consent (e.g. medical, biometric, or financial records unrelated to the services provided) • Harvest or scrape user information for commercial or unauthorized purposes • Share or store Platform data outside of approved tools, especially via unencrypted or insecure channels SmarkAfrica reserves the right to audit usage, restrict access, or report violations of data protection laws to the appropriate authorities. 8.⁠ ⁠INTELLECTUAL PROPERTY This section defines the ownership, licensing, and use of intellectual property on the SmarkAfrica Platform. It protects the rights of both users and the Platform while clarifying how content may be used, delivered, and shared. ⸻ 8.1 Ownership of Work Delivered Unless otherwise agreed in writing between the Client and Service Provider: • Full intellectual property (IP) rights to completed and approved work are transferred to the Client upon full payment for the order. • This includes all files, designs, content, code, documentation, and other agreed deliverables. • Once the Client receives the completed work and confirms satisfaction (or auto-completion occurs), the Service Provider retains no ownership or licensing rights to the delivered material unless explicitly agreed otherwise. Clients are responsible for confirming that the work aligns with their intended use, especially where commercial, public, or third-party applications are involved. ⸻ 8.2 Use of Pre-Existing Materials If a Service Provider includes pre-existing content or third-party resources in a deliverable (e.g. stock images, templates, open-source code), they must: • Have the legal right or license to use, modify, and distribute that content • Clearly disclose this to the Client before delivery • Transfer any usage rights, licenses, or attribution requirements where applicable Service Providers are solely responsible for ensuring that no copyright or trademark rights are infringed. Clients are encouraged to review license terms for third-party components where applicable. ⸻ 8.3 Freelancer Portfolio Rights Unless the Client explicitly requests confidentiality: • Service Providers may display non-confidential portions of completed work in their personal portfolio or SmarkAfrica profile, solely for the purpose of showcasing their skills • This right does not include sensitive content, Client branding, or trade secrets, and must not misrepresent the nature of the original project Clients who require full confidentiality must indicate this clearly when placing the order or in written agreement. ⸻ 8.4 Platform Ownership and Restrictions All content, branding, and system functionality on the Platform—including the name “SmarkAfrica,” the logo, web and app design, codebase, instructional materials, features, and other intellectual property—is the exclusive property of SmarkAfrica or its licensors. You may not: • Reproduce, copy, distribute, or display Platform content without permission • Reverse-engineer, decompile, or interfere with any functionality or security of the Platform • Use SmarkAfrica’s brand, trademarks, or content for commercial purposes without written consent Violation of this clause may result in legal action, account termination, and damages claims. ⸻ 8.5 User Content License By posting or submitting any content on SmarkAfrica (e.g. profile images, gig descriptions, public reviews), you grant SmarkAfrica a non-exclusive, royalty-free, worldwide license to: • Use, host, store, display, reproduce, and distribute such content • Promote your services on the Platform or in marketing material • Translate or adapt your content for presentation consistency (without altering meaning) You retain full ownership of your content but grant us permission to use it as outlined above for Platform-related purposes only. 9.⁠ ⁠TERMINATION & SUSPENSION SmarkAfrica maintains the right to protect its users and platform integrity by moderating account activity. This section explains how and why accounts may be suspended, restricted, or terminated, either by the user or by SmarkAfrica. ⸻ 9.1 Voluntary Account Closure You may request to close your SmarkAfrica account at any time by: • Accessing your account settings, or • Contacting our support team at [Insert Support Email] However, before closure: • All active orders must be completed or cancelled, and • All available funds must be withdrawn After closure: • Your profile and listings will be hidden from public view • We may retain data as required for legal, tax, and fraud-prevention purposes • You may lose access to past conversations, ratings, and portfolio items stored on the Platform ⸻ 9.2 Suspension or Termination by SmarkAfrica SmarkAfrica reserves the right to suspend, restrict, or permanently terminate your account at our sole discretion, with or without prior notice, if: • You violate any provision of these Terms, the Service Provider Agreement, or other platform policies • You attempt to solicit or accept off-platform payments • You deliver plagiarised, fraudulent, incomplete, or abusive content • You engage in harassment, hate speech, discrimination, or harmful conduct toward others • Your actions pose legal, reputational, or operational risk to the Platform or its users • You fail to comply with identity verification or misuse the payment system In such cases: • Access to your account may be disabled immediately • All active listings may be removed • Pending payouts may be held or forfeited, especially in cases involving fraud or abuse • You may be permanently banned from re-registering under another name or identity ⸻ 9.3 Temporary Restrictions We may impose temporary limitations on your account for review or investigation purposes, including: • Withholding payouts • Limiting access to features (e.g. messaging, order creation, gig publishing) • Hiding your public profile Common reasons for temporary restrictions include: • Repeated disputes or client complaints • Suspicious login activity • Payment issues or chargebacks • Policy violations pending review You will be notified of the reason for any restriction and may be required to take specific steps (e.g. submit documentation) to restore full access. ⸻ 9.4 Inactive Accounts To maintain an active and engaged community, SmarkAfrica may: • Flag accounts as inactive if they remain unused for 12 consecutive months • Hide inactive Service Provider profiles from search results • Notify you prior to account deactivation, allowing time to log in or update activity Accounts inactive for extended periods may be archived or closed, especially if no earnings history exists. ⸻ 9.5 Appeal Process If your account is suspended or terminated and you believe this was done in error, you may appeal the decision by: • Contacting [Insert Support Email] within 14 calendar days of notification • Submitting any evidence or clarification you wish to be reviewed Appeals are reviewed in good faith by our moderation team. Decisions on appeals are final, and repeated violations may render your account ineligible for reinstatement. 10.⁠ ⁠LIMITATION OF LIABILITY This section outlines the limits of SmarkAfrica’s legal responsibility to users and clarifies the risks associated with using the Platform. ⸻ 10.1 Platform Provided “As Is” SmarkAfrica provides the Platform and its services on an “as is” and “as available” basis. We do not guarantee that: • The Platform will be uninterrupted, secure, or free of errors, bugs, or delays; • Any user’s experience or income will meet specific expectations or business goals; • Services delivered by users will always meet desired outcomes or professional standards. Use of the Platform is at your own risk, and you agree that occasional downtime or errors are possible in digital marketplaces. ⸻ 10.2 No Guarantee of Business or Income SmarkAfrica does not guarantee: • That any Service Provider will obtain jobs or income through the Platform; • That any Client will receive work that meets their expectations unless explicitly defined in writing; • That any listing, profile, or service will appear in search results or promotional areas. Success on the Platform depends on user actions, market demand, communication quality, and performance—not on promises made by SmarkAfrica. ⸻ 10.3 Third-Party Services and Content The Platform may contain links to, or integrate with, third-party platforms (e.g., payment processors, file storage services, or communication tools). SmarkAfrica: • Is not responsible for the accuracy, security, or reliability of any third-party services; • Does not control third-party policies, pricing, or content; • Is not liable for damages or losses resulting from your use of third-party systems. Users access such services at their own discretion and are encouraged to review external terms before use. ⸻ 10.4 Indirect Damages Excluded To the fullest extent permitted by law, SmarkAfrica will not be liable for any: • Indirect, incidental, consequential, or special damages, including loss of revenue, profits, data, contracts, or goodwill; • Damages arising from delayed payments, missed deadlines, or failed service delivery by other users; • Client dissatisfaction, business interruption, or system outages. Even if we are advised of the possibility of such damages, our liability remains limited under this agreement. ⸻ 10.5 Total Liability Cap If SmarkAfrica is found liable under any circumstances, our total cumulative liability to any user shall not exceed the total amount of commissions we collected from that user in the 6 months prior to the event giving rise to the claim. This limitation applies regardless of the nature of the claim—whether contract, tort (including negligence), statutory, or otherwise. ⸻ 10.6 User Responsibility and Indemnification You agree to indemnify, defend, and hold harmless SmarkAfrica, its directors, officers, staff, agents, and affiliates from any claims, losses, damages, liabilities, or expenses (including legal fees) arising from: • Your use of the Platform • Any content or services you provide • Violation of these Terms or other policies • Infringement of intellectual property or third-party rights • Disputes with other users This obligation survives the termination of your account or this agreement. 11.⁠ ⁠GOVERNING LAW This section specifies which laws apply to these Terms and how legal disputes will be handled between you and SmarkAfrica. ⸻ 11.1 Applicable Law These Terms of Use, together with all associated policies, contracts, and agreements between users and SmarkAfrica, shall be governed by and interpreted in accordance with the laws of England and Wales, without regard to conflict of laws principles. This choice of law governs both the interpretation of these Terms and any disputes that may arise out of or relate to your use of the Platform or the services facilitated through it. ⸻ 11.2 Jurisdiction You and SmarkAfrica agree that any disputes, claims, or legal proceedings arising out of or relating to: • These Terms of Use • Your relationship with the Platform • Any services offered or transactions processed on SmarkAfrica shall be subject to the exclusive jurisdiction of the courts of England and Wales. You hereby waive any objection to such jurisdiction on the grounds of forum non conveniens or similar doctrines. ⸻ 11.3 International Users SmarkAfrica operates globally, but is based in the United Kingdom. By accessing the Platform from outside the UK: • You agree to comply with local laws and regulations that apply in your own jurisdiction; • You accept that SmarkAfrica is governed by UK legal standards, and these will take precedence in all platform-related matters; • You acknowledge that certain services, features, or legal protections available under UK law may not apply equally in all countries. SmarkAfrica shall not be liable for any local compliance breaches by users in foreign jurisdictions. 12.⁠ ⁠CHANGES TO THESE TERMS This section outlines how SmarkAfrica may update these Terms of Use and what your responsibilities are when such changes occur. ⸻ 12.1 Right to Modify Terms SmarkAfrica reserves the right to modify, update, or revise these Terms of Use at any time and for any reason, including but not limited to: • Legal or regulatory compliance • Platform functionality updates • Policy enhancements or risk mitigation • Business or operational requirements Any changes will take immediate or scheduled effect as described in the communication. ⸻ 12.2 Notification of Changes When changes are made to these Terms, we will notify users by: • Posting an updated version on the Platform (e.g. Terms of Use page), and • Sending a notification via email or through your SmarkAfrica dashboard (if the change is material) The “Effective Date” at the top of the Terms will reflect the most recent update. ⸻ 12.3 Continued Use as Acceptance By continuing to use the Platform after changes have been communicated and published: • You acknowledge that you have read and understood the revised Terms • You agree to be bound by the updated version • If you do not agree to the changes, you must stop using the Platform and may close your account It is your responsibility to review the Terms periodically to remain informed of any updates. ⸻ 12.4 Supremacy of Updated Terms If there is a conflict between a previous version of the Terms and the current version, the most recent version shall prevail. These Terms supersede all prior agreements, terms, or understandings unless otherwise stated in writing by SmarkAfrica. 13.⁠ ⁠CONTACT If you have any questions about these Terms of Use, your rights and responsibilities as a user, or any aspect of your experience on the Platform, please feel free to reach out to us. ⸻ 13.1 General Inquiries For questions related to your account, services, orders, or general use of the Platform: Email: admin@smarkafrica.com Live Chat: Available via your user dashboard (during business hours) Help Centre: www.smarkafrica.com ⸻ 13.2 Legal and Policy Correspondence For matters relating to legal issues, privacy, intellectual property claims, dispute appeals, or formal notices, you may contact our Legal Department at: Legal Contact – SmarkAfrica (Skills Market) Email: admin@smarkafrica.com Please allow up to 7 working days for a formal response. Legal inquiries must include your full name, registered email address, and a detailed explanation of the issue. ⸻ 13.3 Reporting Violations If you suspect a violation of these Terms of Use, including abusive content, fraud, intellectual property infringement, or misuse of the Platform: • You may report it directly via the “Report” button on a user profile or order page • Or email us at: admin@smarkafrica.com Reports will be reviewed confidentially and acted upon in line with our enforcement policies. ⸻ 13.4 Availability and Language Our official language for communication, support, and legal documentation is English. While SmarkAfrica may provide content or support in other languages for convenience, the English version shall prevail in case of interpretation conflicts. Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie

Technologie - Cyber Security Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie

Mes conversations Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie

Introduction This Legal Policy governs your use of SmarkAfrica.com (the “Site”), operated by Smark Africa Ltd. (“we,” “us,” or “our”). By accessing or using the Site, you agree to comply with this policy in addition to our [Terms of Use] and [Privacy Policy]. --- Intellectual Property Rights •⁠ ⁠*Ownership:* All content on the Site (text, graphics, logos, software, trademarks) is owned by us or licensed partners and protected under intellectual property laws (e.g., copyright, trademark). •⁠ ⁠*Use Restrictions:* Unauthorized reproduction, distribution, modification, or commercial exploitation of Site content is strictly prohibited. --- Compliance with Laws You agree to use the Site in compliance with all applicable local, national, and international laws, including but not limited to: •⁠ ⁠Data protection regulations (e.g., GDPR, Kenya’s Data Protection Act). •⁠ ⁠Consumer protection laws. •⁠ ⁠Anti-spam and electronic communication laws. --- Disclaimers •⁠ ⁠*Accuracy of Information:* While we strive to provide accurate and up-to-date content, we do not guarantee the completeness, reliability, or suitability of information on the Site. •⁠ ⁠*Third-Party Content:* We are not responsible for content provided by third parties (e.g., user-generated content, external links). •⁠ ⁠*No Professional Advice:* Information on the Site does not constitute legal, financial, or professional advice. Consult a qualified expert for specific guidance. --- Limitation of Liability To the fullest extent permitted by law: •⁠ ⁠We are *not liable* for direct, indirect, incidental, or consequential damages (e.g., data loss, lost profits) arising from your use of the Site. •⁠ ⁠We disclaim liability for third-party actions, technical failures, or unauthorized access to your data. --- Indemnification You agree to indemnify and hold us harmless from claims, losses, or expenses (including legal fees) resulting from: •⁠ ⁠Your breach of this Legal Policy or applicable laws. •⁠ ⁠Misuse of the Site or violation of third-party rights. --- Dispute Resolution •⁠ ⁠*Governing Law:* This policy is governed by the laws of [Insert Jurisdiction, e.g., Kenya]. •⁠ ⁠*Arbitration:* Disputes shall first be resolved through good-faith negotiation. If unresolved, disputes will be settled by binding arbitration in [Insert Jurisdiction], unless prohibited by law. --- Amendments We reserve the right to update this Legal Policy at any time. Changes will be effective immediately upon posting on the Site. Continued use constitutes acceptance of revised terms. --- Severability If any provision of this policy is deemed invalid or unenforceable, the remaining provisions remain in full effect. --- Force Majeure We are not liable for delays or failures in performance due to events beyond our reasonable control (e.g., natural disasters, war, cyberattacks). --- Contact Us For questions or legal notices: Email:* [admin@smarkafrica.com]

10 % de réduction sur votre première commande Become a freelancer today and boost your income Lancement prochain À SUIVRE Quelque chose d'excitant se prépare. Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie

10 % de réduction sur votre première commande Become a freelancer today and boost your income Marketing - SEO Plan Marketing Marketing des réseaux sociaux Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie

10 % de réduction sur votre première commande Become a freelancer today and boost your income Votre satisfaction est notre engagement Construire des relations durables Hello Contactez-nous Prénom* Nom de famille E-mail* Téléphone Message* Soumettre Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie

10 % de réduction sur votre première commande Become a freelancer today and boost your income Entreprise - Création d'entreprise Réglementation Fiscalité Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie

10 % de réduction sur votre première commande Become a freelancer today and boost your income Services juridiques - Droit des Sociétés Droit des Affaires Conformité Juridique Conseil Juridique Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie

10 % de réduction sur votre première commande Become a freelancer today and boost your income Services informatiques - Programmation web Cyber Security Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie

10 % de réduction sur votre première commande Become a freelancer today and boost your income Coaching - Accueil Design et technologie Finance Ventes et marketing Vidéo et animation IA Style de vie