We know it’s tempting to skip these Terms and condition, but it’s important to establish what you can expect from us as you use Pstudioh services,and what we expect from you.
1.1 These terms and conditions ("Terms", "Agreement") are an agreement between Pstudioh 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 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: -
a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet;
h) to collect or track the personal information of others;
i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
j) for any obscene or immoral purpose; or
k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet.
2.2 We reserve the right to terminate your use of the Service on the website for violating any of the prohibited uses.
3.1. This Agreement does not transfer to you any intellectual property owned by the Website Developer or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Website Developer.
3.2. All trademarks, service marks, graphics and logos used in connection with our Services, are trademarks or registered trademarks of the Developer or the Developers Licensors.
3.3. Other trademarks, service marks, graphics and logos used in connection our Services may be the trademarks of other third-parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Mobile Application Developer or third-party trademarks.
4.1. Any links to third party websites or contents are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the website developer and we do not guarantee the accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party websites or content.
4.2. Permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
4.3. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
4.4. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.
4.5. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
5.1. We may allow advertisers to display their advertisements and other information in certain areas of the Site.
5.2. The advertiser shall take full responsibility for any advertisements placed on the Site, any services provided on the Site and/or products sold through such advertisements.
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 user to the relevant authorities;
c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contribution or any portion thereof;
d) in our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
e) otherwise manage the website in a manner designed to protect our rights and property and to 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 agrees to pay for Services as per the term of 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 remited to and from Mpesa and Paypal.
7.3. For all payments on work done via the platform. Money shall be remited to an escrow account against a project,module or task and shall be remited on the freelancers account upon task completion.
7.3. The website developer shall not be liable for any disputes regarding payments between the service provider and the client outside the website.
8.1. The formation, interpretation, and performance of this Agreement and 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 and, to the extent applicable, the laws of Kenya.
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 relating to the Services offered by Pstudioh at any time, effective upon posting of an updated version of this Agreement on the website.
9.2. Continued use of our services after any such changes shall constitute your consent to such changes.