Legal
Terms of service
Last updated: [date of publication]
Draft for the client's lawyer — not legal advice
This template describes how KamgeniX works today. It has not been reviewed by a lawyer and must not be published as it is. Text in [square brackets] is missing information or a question for the lawyer.
These terms apply to your use of KamgeniX, an online marketplace where clients buy fixed-price services from independent freelancers. By creating an account, you accept them.
1. Who we are
KamgeniX is operated by [company name], a company registered in Italy ([legal form, e.g. S.r.l., registered as an Innovative Startup]), with its registered office at [address], VAT number [IT…], registered with the [Companies Register of …] under number [number].
Contact: [email address].
2. How the marketplace works
KamgeniX connects clients, mainly in the European Union, with freelancers, mainly in Africa. Freelancers publish services with up to three fixed-price packages, and clients order a package.
The contract for each service is between the client and the freelancer. KamgeniX provides the platform, records orders and handles disputes as described below.
[Lawyer: confirm the platform's role and its information duties to consumers and business users under the EU Platform-to-Business Regulation and the Omnibus Directive.]
3. Accounts
You must be at least 18 years old and able to enter into contracts. Give accurate information and keep your password safe. One person or business per account.
We may suspend or close accounts that break these terms, for example for fraud, abuse, fake reviews or attempts to take payments off KamgeniX. A suspended account can still see its history but cannot order, send messages, sell or request withdrawals, and its services are no longer shown.
4. Orders, delivery and revisions
Each package says what is delivered, in how many days and how many revisions are included. The freelancer delivers through the order page. The client then accepts the delivery or asks for a revision. If the client does neither, a delivered order is completed automatically after [3] days.
Either side can cancel an order before it is paid.
[Lawyer: consumers' right of withdrawal for services (Directive 2011/83/EU) and when it ends once work has started at the client's request.]
5. Prices, fees and commission
Prices are in euros and are set by each freelancer. Clients pay a service fee on top of the package price. Freelancers pay a commission, which is deducted from the package price. Both rates are shown at checkout and when a freelancer sets their prices (currently [5.5%] and [20%]). The rates in force when an order is placed apply to that order.
[Accountant: VAT on the service fee and commission, by B2B reverse charge or the EU One-Stop Shop.]
6. Payments
Online payments are processed by a licensed payment partner: [payment partner, not yet chosen]. KamgeniX does not hold client money itself.
[Lawyer: describe how payments are held until an order is completed once the partner is chosen, and the partner's own terms.]
7. Freelancer earnings and withdrawals
When an order is completed, the freelancer's earnings (the package price minus the commission) are added to their balance and become available after [14] days.
Freelancers request a withdrawal from their dashboard. At launch, withdrawals are paid by bank transfer only; mobile money will follow later. KamgeniX reviews every request and pays it by hand, usually within [number] working days, and pays the transfer fees. We may reject a request and give the reason, for example when the bank details don't match. The amount then goes back to the freelancer's balance.
[Minimum withdrawal amount: none at launch. To confirm.]
8. Messages and files
Clients and freelancers talk and share files in the chat. Each file can be up to 50 MB.
Files from orders that were completed or cancelled more than 90 days ago are deleted automatically, together with the files in that order's chat. Keep your own copies of anything you need.
Don't use the chat to move payments for KamgeniX orders outside the platform.
9. Reviews
Only the client of a completed order can review the service, once per order. This is how we check that reviews come from real customers, as the EU Omnibus Directive (Directive (EU) 2019/2161) requires. Freelancers can reply publicly.
We don't pay for reviews or change ratings. We may remove reviews that are unlawful or abusive.
10. Disputes
If something goes wrong with an order, contact us. A member of the KamgeniX team reviews each dispute by hand, reads the order and its chat, and decides whether the order is completed, continues, or is cancelled.
[Lawyer: refund rules, and the information on out-of-court dispute resolution that consumers must receive.]
11. What you may not do
- Offer or order illegal, infringing or harmful services.
- Create fake or duplicate accounts, or send spam.
- Write fake reviews or pay for reviews.
- Pay or be paid outside KamgeniX for orders that started on KamgeniX.
- Harass or deceive other users.
12. Intellectual property
[Lawyer: who owns the delivered work and when the rights pass to the client, for example on completion of the order.]
13. Liability
[Lawyer: limits of KamgeniX's liability as a platform, keeping consumers' mandatory rights.]
14. Changes, applicable law and courts
We will tell you about important changes to these terms before they apply.
These terms are governed by Italian law. If you are a consumer, you keep the protection of the mandatory rules of the country where you live.
[Lawyer: competent courts.]