We know it’s tempting to skip these Terms and Conditions, but it’s important to establish what you can expect from us as you use Pstudioh Solutions services, and what we expect from you.
User: Any individual or entity who has an account on pstudioh.com and uses the services offered on the platform.
Freelancer: Any individual who works on the platform or receives gigs through the platform.
Client: A User who submits work to be done through the platform.
1.1 These terms and conditions ("Terms", "Agreement") are an agreement between Pstudioh Solutions and the User.
1.2 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Pstudioh Solutions concerning your access to and use of the website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.
1.3 You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
1.4 We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. You will be alerted of any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
1.5 It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
1.6 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.7 Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2.1 You are prohibited from using the website or its Content for any unlawful purpose, including but not limited to:
a) Soliciting others to perform or participate in any unlawful acts;
b) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
c) Infringing upon or violating Pstudioh Solutions’ intellectual property rights or the intellectual property rights of others;
d) Harassing, abusing, or discriminating based on gender, religion, ethnicity, or disability;
e) Uploading malicious code, viruses, or spamming;
f) Interfering with security features of the Service.
2.2 We reserve the right to terminate your use of the website for violating any of these prohibited uses.
3.1 This Agreement does not transfer to you any intellectual property owned by Pstudioh Solutions or third-parties, and all rights, titles, and interests in and to such property will remain solely with Pstudioh Solutions.
3.2 All trademarks, service marks, graphics, and logos used in connection with our Services are the property of Pstudioh Solutions or its licensors.
3.3 When a Freelancer submits work to a Client, all intellectual property rights of that work are transferred to the Client. The Freelancer shall have no claim over the work once submitted to the Client.
4.1 Links to third-party websites or content are not investigated, monitored, or checked by Pstudioh Solutions, and we do not guarantee their accuracy or reliability.
4.2 We do not endorse third-party websites, and you use them at your own risk.
4.3 We hold no liability for any harm caused by third-party products or services.
5.1 We may allow advertisers to display advertisements on certain areas of the Site.
5.2 Advertisers are responsible for their ads, services, and products displayed on the Site.
We reserve the right, but not the obligation, to:
a) Monitor the website for violations of these Terms and Conditions;
b) Take appropriate legal action against anyone who, in our sole discretion, violates the laws of Kenya or these Terms and Conditions, including, without limitation, reporting such users to the relevant authorities;
c) Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof, at our sole discretion and without limitation;
d) Remove from the website or otherwise disable any files and content that are excessive in size or otherwise burdensome to our systems, without notice or liability;
e) Manage the website in a manner designed to protect our rights and property and facilitate the proper functioning of the website for all users.
7.1. In consideration for the services offered to the client through Pstudioh, the client's acceptance of the bid constitutes a binding agreement for payment, and the client agrees to pay for services as per the terms of the Agreement entered into between the service provider and the client.
7.2. Pstudioh shall not store any bank-related information on the platform. All payments shall be remitted to and from M-Pesa and PayPal.
7.3. For all payments related to work done via the platform, funds shall be placed in an escrow account against a project, module, or task, and shall be remitted to the freelancer's account upon task completion.
7.4. Pstudioh Solutions shall not be liable for any disputes regarding payments between the service provider and the client outside the pstudioh.com(The web application).
8.1. The formation, interpretation, and performance of this Agreement, as well as any disputes arising out of it, shall be governed by the substantive and procedural laws of Kenya, without regard to its rules on conflicts or choice of law.
8.2. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Kenya, and you hereby submit to the personal jurisdiction of such courts.
8.3. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
9.1. We reserve the right to modify this Agreement or its policies related to the services offered by Pstudioh at any time, effective upon posting an updated version of this Agreement on the pstudioh.com.
9.2. Continued use of our services after any such changes shall constitute your consent to those changes.