Terms of Service

TERMS OF SERVICE

Last Update: April 30, 2020 (KE)

PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE OBUHI SITES AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

THE TERMS OF SERVICE ARE COMPRISED OF THE USER AGREEMENT (“USER AGREEMENT”) AND PRIVACY POLICY (“PRIVACY POLICY”). IF YOU DO NOT AGREE TO BOTH THE USER AGREEMENT AND THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITES OR SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

The Terms of Service (“Terms”), govern your access to and use of the Obuhi website, including any content, functionality and services offered on or through www.obuhi.com or its mobile app (the "Sites") by Obuhi (hereinafter referred to as “Obuhi”, “we”, or “us”). Obuhi is a company incorporated in Dubai, United Arab Emirates, with company registration number 1515 (DWC), and with its registered office at Dubai World Central/Dubai South, with its main office in Singapore.

USER AGREEMENT

TERMS OF SERVICE 1
USER AGREEMENT 1
  1. Overview and Definitions
    1. Overview
    2. Definitions
2
2
2
  1. Eligibility and Registration
    1. Eligibility
    2. Registration
3
3
4
  1. Use of the Site
4
  1. Accounts
    1. Creation of Account
    2. Verification of Identity
    3. Username and Passwords
    4. No transfer or Assignment
    5. Submission of Reviews, Rating, and Comments
    6. Recommendations and Reviews
5
5
6
6
6
7
7
  1. Client and Freelancer
    1. Project Contract
    2. Independent Contractor
7
7
8
  1. Users and Obuhi
    1. General
    2. Third-Party Beneficiary of Project Contract
    3. Agency
    4. Taxes
8
8
8
9
9
  1. Payment Services
    1. Rate-Based Contract
    2. Fixed-Price Contract
    3. Funds Transfer
    4. Hold on Transfers
    5. Legal Relationship
    6. Use of Third-Party Platforms
    7. Authorized Payments are Final
    8. Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs
    9. Currency
    10. Non-Circumvention
9
9
10
10
10
10
11
11
11
11
12
  1. Disputes
    1. Disputes Between Users
    2. Dispute Resolution Services
    3. Disputes With Obuhi
12
12
12
13
  1. Reporting Misconduct
14
  1. Trademarks and Copyright
14
  1. Fees
    1. Service Fees
    2. Administration Fees
14
14
15
  1. Termination
15
  1. Liability
15
  1. Warranty Disclaimer
16
  1. Indemnity
16
  1. General Terms
17
  1. Governing Law and Forum
17
  1. Overview and Definitions
    1. Overview

      Obuhi is an online marketplace that enables buyers of professional services (“Client(s)”) to search for, enter into and manage transactions with providers of professional services (“Freelancer(s)”). The term “User” or “Users” may refer to either a Client, a Freelancer or both.

    2. Definitions

      Account” means an account registered with Obuhi by providing certain mandatory and discretionary information.

      Client” means a User that purchases the Services from a Freelancer or identifies a Freelancer through the Website.

      Fees” shall refer to Administration Fees and Service Fees paid by a User to Obuhi.

      Freelancer” means a User who primarily offers his/her services in an area of specialization.

      Payment” or “Payment Services” shall refer to payment made by Client to Freelancer. Payment Services shall refer to third party service used by Obuhi to facilitate payment by client to freelancer.

      Payment Dispute Resolution Services

      Privacy Policy” refers to he document that outlines some or all of the ways Obuhi gathers, uses, discloses, and manages a User’s data.

      Project” means the services which the Freelancer has agreed to perform, and the Client has agreed to pay for. The terms of the Project shall be defined in a “Project Contract”.

      Service(s)” means the services provided by Obuhi through the Sites.

      Site” or “Website” means the Obuhi websites and mobile apps.

      User” means an individual or a business that completes the Obuhi registration process. The term User(s) in this User Agreement may refer to a Client, a Freelancer or both.

      User Generated Content” means the content created by Users as distinct from content created by the Sites. All content uploaded to Sites by Users is User Generated Content.

  2. Eligibility and Registration
    1. Eligibility

      To access Services through Obuhi’s Website, Users must be a legal entity, or an individual eighteen (18) years of age or older who can form a legally binding contract. To become a User, an individual or entity must accept all of the terms and conditions in, incorporated by reference in, and linked to, this User Agreement.

      Users agree to: (1) abide by the Terms and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for the use of the Website and the purchase or delivery of obligations under a Project Contract; and (3) perform obligations as specified by any Project Contract unless such obligations are prohibited by law or by the User Agreement. Obuhi reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.

    2. Registration

      Users must register for an Account to access Services. Users agree to provide true, accurate and complete information in the registration form and throughout the Website, and to update this information whenever necessary to maintain its truthfulness, accuracy and completeness.

      Users must not already be restricted by Obuhi from using the Sites.

      Accounts created by an employee or agent on behalf of an entity User must include representations and warranties that such individual is authorized to enter into binding contracts, including the User Agreement, on behalf of the User.

  3. Use of the Site

    Users agree to register and create an Account for personal or business use only. Users may register only one Account. Users are responsible for keeping any registration details secure and confidential including the User’s password.

    User acknowledges that Obuhi is not responsible for any third-party access to an Account and the consequences thereof, howsoever caused.

    User is responsible and assumes responsibility for all information and User Generated Content added to the Sites and mobile apps.

    Details of how Obuhi may use any information and content are contained in the Privacy Policy, which forms an integral part of this User Agreement. The Privacy Policy, as amended from time to time, is incorporated by reference into this User Agreement in its entirety and Users hereby agree to abide by the Privacy Policy from time to time in effect.

    User assumes all risks when using the Site. User acknowledges that Obuhi does not guarantee the accuracy of information provided to any User by any other User. Each User agrees that such information is to its own satisfaction at all times.

    The Freelancer may accept or reject a Project at his/her own discretion. Obuhi does not guarantee that a Client will receive an offer to provide services nor that any responses will meet the requirements a Client has specified.

    Obuhi does not guarantee that any Freelancer will be offered a Project. Obuhi reserves the right, but is not under any obligation, to monitor information that is posted on the Sites and to remove such information or material that in its sole opinion violates any applicable law, either the letter or spirit of this User Agreement, or upon the request of a third party.

    User hereby agrees that he will not use the Sites or engage in any activity on the Sites in any way that:

    • violates any local, national or other laws or regulations or any order of a court of relevant jurisdiction;
    • uses any software, devices, scripts, robots or other means to access, scrape, crawl or spider any Sites;
    • uses the Sites and/or mobile applications for any commercial or other purposes that are not permitted in this User Agreement;
    • infringes the rights of any person or entity, including their intellectual property, copyright, privacy or contractual rights;
    • distributes unsolicited material or advertisements;
    • is intended to harass, annoy, threaten or intimidate any other Users;
    • promotes racism, bigotry, hatred or physical harm of any kind;
    • is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit or otherwise objectionable;
    • contains video, audio, photographs or images of another person without their permission (or in the case of a minor, the permission of the minor’s legal guardian);
    • promotes or enables illegal or unlawful activities;
    • is intended to deceive, defraud or swindle other Users;
    • is intended to damage or interfere with the operation of the Sites, including but not limited to the introduction of viruses, time-bombs, Trojan horses, cancelbots, worms, or other harmful or disruptive codes, components or devices;
    • promotes, supports or solicits involvement in a political platform, religion, cult or sect; or
    • is in any way used in connection with spamming, spimming, phishing, trolling or any similar activities.

  4. Accounts
    1. Creation of Account

      Creation and registration of an Account is required to look for or to advertise a Project or a Freelancer. This is done directly on the Obuhi’s website (www.obuhi.com). It is also possible to register with Obuhi using login information with other third-party social networking sites including, but not limited to Facebook, Google and LinkedIn. If using Facebook or other third-party social networking sites, User warrants that it is entitled to disclose to Obuhi its third-party login information without breach of the terms and conditions of the third party site. By granting Obuhi access to User’s third-party account, User acknowledges that Obuhi will access certain information and may store and use this information, in accordance with Obuhi’s Privacy Policy.

      User is required to provide information when creating an Account (including a mobile phone number), such information to be treated in accordance with Obuhi’s Privacy Policy. User warrants that the information provided is true, that it relates to User and is entirely accurate. Obuhi may, at its sole discretion, take steps to validate any identification or other information User provides to Obuhi. Obuhi may use third-party agencies to undertake this validation, and, in accepting this User Agreement, User accepts that Obuhi may take steps to confirm User’s identity and other details provided. Obuhi however has no obligation to screen, preview, monitor or approve any User Generated Content on the Sites. Users are solely responsible for taking appropriate safety precautions in connection with their use of the Sites or during the course of a Project.

      Obuhi may reject the creation of an Account at its absolute discretion.

    2. Verification of Identity

      Users authorize Obuhi, directly or through third parties, to make any inquiries Obuhi considers necessary to validate the User’s identity. Users must, at Obuhi’s request: (1) provide further information to Obuhi, which may include a User’s date of birth and or other information that will allow Obuhi to reasonably identify such User; (2) take steps to confirm ownership of the User’s email address or financial instruments; or (3) verify User information against third party databases or through other sources. Users must also, at Obuhi’s request, provide copies of identification documents (such as User’s passport or driver's license). Obuhi also reserves the right to request a video interview with User to validate this information, User’s identity, background and skills. Obuhi reserves the right to close, suspend, or limit access to a User Account, the Sites in the event Obuhi is unable to obtain or verify to its satisfaction the information which Obuhi requests under this section. Obuhi reserves the right to update Users’ particulars on the Sites in order to match any identity documentation that has been provided.

    3. Username and Passwords

      When User registers for an Account, User name will the User’ email id and the User will be asked to choose a password. User is entirely responsible for safeguarding and maintaining the confidentiality of his/her username and password and agrees not to share such username or password with any person who is not authorized to use such Account. User authorizes Obuhi to consider that any person using the Sites with such username and password either is the User or is authorized to act for the User.

      User agrees to notify Obuhi immediately if User suspects or becomes aware of any unauthorized use of User’s Account or any unauthorized access to the password for any Account.

      User further agrees not to use the Account or log in with the username and password of another User of the Sites if (a) User is not authorized to use either or (b) the use would violate this User Agreement.

    4. No transfer or Assignment

      User may not authorize others to use its account and may not assign or transfer the Account to any other person or entity. This User Agreement does not create any third-party rights. All of Obuhi’s rights and obligations under these Terms are freely assignable by Obuhi in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

    5. Submission of Reviews, Ratings, and Comments

      Obuhi collects information that the User provides, including messages, posts, comments, responses, reviews, and ratings ("User Generated Content"). Obuhi may in its sole discretion use or share User Generated Content with others. If a User does not want certain information shared with others, the User should not submit it as User Generated Content. Obuhi reserves the right to publish User Generated Content in any medium to others. All communication between Users shall be through Obuhi Sites, including but not limited to matters regarding reviews, ratings, and comments.

    6. Recommendations and Reviews

      Clients and Freelancers are encouraged to offer reviews for each other each time a Project is completed. Users agree to provide a prompt review that is true and fully reflects their experience with the Client or Freelancer with whom they have engaged. Obuhi reserves the right to terminate the Accounts of Users who repeatedly receive negative feedback.

  5. Client and Freelancer
    1. Project Contract

      The engagement, contracting and management of a Project are between a Client and a Freelancer. Project Contracts shall provide for the performance of defined services or other deliverables in exchange for remuneration. Typically, Project Contracts provide for remuneration on a time-based rate (eg. hourly, daily) or as a fixed amount.

      Upon the agreement of terms, the Client and the Freelancer enter into a contract (the “Project Contract”) which covers, at a minimum, the following points: (a) the bid, description, milestones (if any), charges, payment terms and other terms and conditions; (b) this User Agreement; and (c) any other content uploaded to the Sites by Obuhi. Users agree not to enter into any contractual provisions in conflict with this User Agreement. Any provision of a Project Contract in conflict with this User Agreement is void.

      The price of a Project is agreed upon between the Client and Freelancer. The Freelancer may publish his/her price either per hour or per Project. All expenses which are incurred for completing a Project must be discussed and agreed between the Freelancer and the Client.

      The Client is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Contract in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Project Contract in a timely manner. Client and Freelancer each covenant and agree to act in good faith and fair dealing in execution of the Project Contract.

    2. Independent Contractor

      Client and Freelancer each acknowledge and agree that their relationship is that of independent contractors. The Freelancer shall perform services as an independent contractor and nothing in this User Agreement shall be deemed to create a partnership, joint venture, agency, or employment relationship between Freelancer and Client or between Obuhi and any Client or Freelancer.

  6. Users and Obuhi
    1. General

      Obuhi is not a party to the dealing, contracting and fulfillment of any Project between a Client and Freelancer. Obuhi has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Users, the ability of Freelancers to perform services, the ability of Clients to pay for services, or that an Client or Freelancer can or will actually complete a Project.

      Obuhi is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer.

      All rights and obligations for the purchase and sale of services or other deliverables are solely between a Client and a Freelancer. Obuhi will not provide any Freelancer with any materials or tools to complete any Project. Clients and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from a Project Contract and any other terms, conditions, representations, or warranties associated with such dealings.

    2. Third-Party Beneficiary of Project Contract

      Client and Freelancer each acknowledge and agree that the value, reputation, and goodwill of the Website depends on their performance of their covenants and agreements as set forth in their Project Contract. Client and Freelancer therefore appoint Obuhi as a third-party beneficiary of their Project Contract for purposes of enforcing the obligations owed to, and the benefits conferred on, Obuhi by these Terms. Clients and Freelancers further agree that Obuhi has the right to take such actions with respect to the Project Contract or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Obuhi in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.

    3. Agency

      This User Agreement and any registration for or subsequent use of the Sites by any User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between the User and Obuhi, except and solely to the extent expressly stated.

    4. Taxes

      Users are responsible for their own accounting and tax affairs and Obuhi shall not be liable to Users or to any statutory bodies or government agencies for any claims relating to the filing or payment of any taxes.

      Obuhi is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise required by applicable law and regulations.

      Users agree that they will abide by any and all applicable tax laws and regulations. In the event Obuhi receives a notice of non-compliance with any regulations or law, Obuhi will deem such receipt a breach of this section and will suspend the Account until Obuhi receives a relevant release document from the authorities.

  7. Payment Services

    Payment services will vary depending on the type of Project Contract entered into. There are two types of Project Contracts, those that are rate-based and those that are fixed price. Under a rate-based contract, Client will be charged by Freelancer according to time worked at an agreed-upon rate. Under a fixed-priced contract, Client will be charged a set amount by Freelancer based on the accomplishment of a milestone or milestones. Obuhi is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Freelancer as a result of an awarded Project.

    1. Rate-Based Contract

      When Freelancer and Client enter into a rate-based contract, Freelancer will complete a timesheet (weekly, monthly or otherwise as provided in the Project Contract) and submit it, as per the terms of the Project Contract, to Client via the Website. Freelancer will provide Client with an invoice providing details as required by the Project Contract, including, but not limited to, hours worked, payment required and description of progress.

      Client shall have three working days to review the invoice. At the expiration of the three-day period, the invoice will be deemed approved and Payment transferred to Freelancer unless Client objects, as described below under Paragraph 8 ( Disputes ). Obuhi strongly recommends that the Client review each invoice carefully.

    2. Fixed-Price Contract

      Client and Freelancer shall agree on the amounts and frequency of payments against successful completion of milestones defined in the Project Contract. Prior to work commencing on a Project, Client must prefund each milestone payment. Such funds shall be held by Obuhi and will be visible on the Website. Upon realization of a milestone, Freelancer shall submit an invoice detailing the milestone accomplishment.

      Client shall have three working days to review the invoice. At the expiration of the three-day period, the invoice will be deemed approved unless Client objects, as described below under Paragraph 8 ( Disputes. Obuhi strongly recommends that the Client review each invoice carefully.

      All payments made through the Website, whether under an hourly or fixed-term contract, shall be subject to the deduction of Fees due to Obuhi as described in this User Agreement and the Website.

      Obuhi’s obligation to make any payment is expressly conditioned upon Obuhi’s receipt of payment from the Client. No payments will be made by Obuhi to a Freelancer that is not funded by the Client.

    3. Funds Transfer

      In order to be paid, the Freelancer must request such payment by submitting necessary timesheet and milestone and indicate his / her selection of the funds transfer methods available on the Website if not already done . Any such requests shall be subject to the conditions and restrictions contained on the Website and in this User Agreement.

      Notwithstanding any other provision of this User Agreement, if Obuhi determines in its sole discretion that a User has violated the conditions and restrictions of the Website or the User Agreement, Obuhi has the right to refuse to process such request.

    4. Hold on Transfers

      Obuhi reserves the right, at its sole discretion, to place a hold on requested transfers if Obuhi suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. Obuhi will release a hold as soon as practical.

    5. Legal Relationship

      Neither Obuhi nor any of its affiliates is an agent of any User with respect to any funds that have been transferred to Obuhi for payment.

      By using the Obuhi website, the Client and the Freelancer expressly acknowledge that (a) Obuhi is not acting as a trustee or a fiduciary of Clients or Freelancers and that the Obuhi Website is provided to Users for administrative purposes only: (b) Obuhi is not a “financial institution” as defined under the applicable laws and the Obuhi billing and payment services are not banking services.

    6. Use of Third-Party Platforms

      Obuhi and Affiliates work with payment services platforms like PayPal to facilitate payments between parties. Obuhi and Affiliates do not have any responsibility or control over the fulfillment of obligations under a Project Contract. Nothing in this User Agreement deems or will be interpreted to deem Obuhi or any affiliate as Client’s or Freelancer’s agent with respect to any Project Contract, or expand or modify any warranty, liability or indemnity stated in this User Agreement.

      Obuhi does not have any control over the services invoiced or paid for with the platform. Additionally, Obuhi does not control whether a Client or Freelancer will actually complete the underlying transaction.

    7. Authorized Payments are Final

      When Client authorizes Obuhi to make a payment, Client automatically and irrevocably authorizes and instructs Obuhi or its affiliates to charge Client’s designated payment method. Such payments, once authorized, are final.

      When a Client authorizes payment, Obuhi shall have no further liability to any party with respect to such payment. By such authorization, Client acknowledges that Obuhi has provided a complete service in respect of the payment and Client releases Obuhi from any and all liability with respect to such payment.

    8. Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs

      Obuhi reserves the right to seek reimbursement from the Client, and the Client will reimburse Obuhi if Obuhi discovers a fraudulent transaction, erroneous or duplicate transaction, or if Obuhi receives a charge back or reversal from any Client’s credit card company, bank, or PayPal, or any other Client’s payment method for any reason.

      The Client agrees to and acknowledges Obuhi’s right to investigate any and all transactions for fraud. Further, the Client agrees to cooperate with any reasonable requests made by Obuhi in an effort to investigate fraud.

      The Client agrees that Obuhi has the right to obtain such reimbursement by charging the Client’s Account, deducting amounts from future transfers, charging the Client’s credit card, PayPal or any bank account associated with the Client’s Account, or obtaining reimbursement from Client by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of the Client’s Account and this User Agreement.

    9. Currency

      The Obuhi billing and payment services operate in US Dollars only and therefore Obuhi is not responsible for losses due to currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars or when receiving or sending payment via wire transfer, check or automated clearinghouse to and from a bank account, credit card account or PayPal account.

    10. Non-Circumvention

      Client agrees to use the Obuhi billing and payment services exclusively to make all payments to Freelancers relating to a Project Contract. Client also agrees not to take any action directly or indirectly to circumvent Obuhi or any of its associated Fees.

      Freelancer agrees to use Obuhi billing and payment services to receive all payments from a Client.

  8. Disputes

    Users will make every endeavor at fair play and post reasonable and fair demands/offers relating to a dispute. No conduct relating to threats, blackmail, intimidation or inducement of Users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

    1. Disputes Between Users

      Obuhi is not responsible for any disputes which may arise between Freelancers and Clients.

      User acknowledges and agrees that in the event that a dispute arises between such User and another User in relation to any Project, Users will first attempt to resolve any differences in relation to such Project, including in relation to the quality of the services provided.

      If a Client wishes to dispute any timesheet or deliverable submitted by the Freelancer, he or she can do so by flagging it on the timesheet tab of the Reports page on the Website. Once Obuhi is notified of such dispute, Obuhi will halt the payment scheduled to be released to the Freelancer and release undisputed amounts to the Freelancer if any.

      In the event the dispute remains unresolved for 2 consecutive weeks, Obuhi will deem the Project cancelled and refund the payment to the Client after deducting applicable Fees.

    2. Dispute Resolution Services
      1. Payment Disputes

        Users agree and acknowledges that: (i) Obuhi is not providing legal services; (ii) Obuhi will not provide advise regarding any legal matters; and (iii) if User desires to have legal counsel, it will seek an independent legal counsel from those licensed to practice law in its jurisdiction. User will not rely on Obuhi for any such counsel.

      2. Other Disputes

        Users agree that Obuhi will have full rights and powers to make a determination for any and all disputes arising between Users that is not related to Payment(s).

        Upon receipt of notice of a non-payment dispute, Users agrees to provide Obuhi with such documentation as it shall, in its sole and absolute discretion, request in furtherance of resolving the dispute.

        Obuhi does not warrant that documents provided by Users will be true, complete or correct and Users agree to indemnify and (to the maximum extent permitted by law) hold Obuhi and any of its affiliates harmless against any damages or liability User may suffer as a result of any documentation or material subsequently being found to be false or misleading.

        Notwithstanding the foregoing, Users acknowledge that Obuhi is not a judicial or alternative dispute resolution institution and that Obuhi will make the determinations only as an ordinary reasonable person.

    3. Disputes With Obuhi

      If a dispute arises between the User and Obuhi, Obuhi will address the User’s concerns promptly and, if Obuhi is unable to do so to the User’s satisfaction, to provide the User with a means of resolving the dispute quickly. Obuhi strongly encourages the User to first contact the platform directly to seek a resolution by emailing solutions@Obuhi.com.

      All claims the User brings against Obuhi must be resolved in accordance with the terms of this User Agreement. All claims filed or brought contrary to this User Agreement shall be considered improperly filed and a breach of this User Agreement. Should User file a claim contrary to the terms of this User Agreement, Obuhi may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Obuhi has notified User in writing of the improperly filed claim and User has failed to promptly withdraw the claim.

      The User agrees that it will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

      If any proceeding by or against the User is commenced under any provision of any bankruptcy or insolvency law, Obuhi will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this User Agreement.

      Obuhi 's failure to act with respect to a breach does not waive Obuhi’s right to act with respect to subsequent or similar breaches.

  9. Reporting Misconduct

    If User engages with another User who User feels has acted in an inappropriate way, including but not limited to illegal, offensive, violent or sexually inappropriate behavior, User should immediately make a report to the appropriate authorities and then to Obuhi at solution@Obuhi.com.

    Freelancers and Clients receiving repeated negative reports may be removed from the Site.

  10. Trademarks and Copyright

    The Obuhi logo is a registered trademark. Obuhi respects trademark and copyright law and expects Users to do the same.

  11. Fees
    1. Service Fees

      Obuhi will charge Freelancers a Fee for each payment a Client makes to the Freelancer under a Project Contract (“Service Fee”). Depending on certain features of the Project Contract, the Service Fee will be due and payable according to the following schedule.

      Client hereby authorizes Obuhi to charge and collect from User a Service Fee according to the following schedule:

      Obuhi Service Fee Project Value > $1000 Project Value < $1000
      Client USD 100 USD 50
      Freelancer USD 100 USD 50

      The USD equivalent at the time the Project Contract is entered into shall be used to determine the Project value for non-USD Projects.

      Where applicable, Obuhi or its affiliates may also collect taxes applicable to Fees, including but not limited to value added tax (VAT) in Europe.

      Additionally, the use of various payment methods offered through the Website may incur added fees or charges. All payment methods will be posted on the Website along with any associated fees or charges and will be updated from time to time by Obuhi in its sole discretion.

    2. Administration Fees

      In addition, an Administration Fee of 3% of the Project value is charged and paid by the Client when a Project Contract is entered into (“Administration Fee”).

    3. Collection of fees

      All fees must be paid in order for the contract to be activated.

  12. Termination

    Account closure is subject to:

    • not having any outstanding listings on the Sites;
    • resolving any outstanding matters (such as a suspension or restriction on the Account); and
    • paying any outstanding Fees or amounts owing on the Account.

    Obuhi may retain User information to satisfy regulatory requirements and external obligations. Closing an Account does not necessarily delete or remove all of the information held by Obuhi.

    Obuhi may terminate an Account and this User Agreement at any time at its own discretion immediately upon notice to User. Upon termination, User will lose the rights to access the Sites.

    Even after termination, Obuhi will maintain the right to use and disclose User Generated Content. Sections 1 (Overview and Definitions), 8 (Dispute Resolution), 12 (Termination), 13 (Liability), 14 (Warranty Disclaimer), 15 (Indemnity), and 16 (General Terms) of this User Agreement will continue to apply after termination of the User Agreement.

  13. Liability

    In no event shall Obuhi be liable to any User for any special, indirect, consequential, incidental or punitive damages, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages. Notwithstanding any other provision of this User Agreement, in no event will Obuhi’s liability to User for any action or claim, whether based in contract, tort, negligence or any other theory of liability, exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent Service Fee or (b) USD1,000.

    TO THE EXTENT APPLICABLE, USER HEREBY WAIVES THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  14. Warranty Disclaimer

    USER AGREES NOT TO RELY ON THE SITE, SERVICES OR ANY INFORMATION ON THE SITES OR THE CONTINUATION OF THE SITE. THE SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. OBUHI MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS USER AGREEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBUHI DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A PARTICULAR USER.

  15. Indemnity

    User agrees to defend, hold harmless and indemnify Obuhi from and against any and all losses, costs, expenses, damages or other liabilities incurred by Obuhi from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Obuhi:

    1. in connection with User’s use of the Site including any payment obligations incurred through use of the Site; or
    2. resulting from:
      1. use of the Sites
      2. a decision to supply credit information via the Site, including personal financial information;
      3. a decision to submit postings and accept offers from other Users;
      4. any breach of contract or other claims made by Users with which User conducted business through the Site;
      5. breach of any provision of this User Agreement;
      6. any liability arising from the tax treatment of payments or any portion thereof;
      7. any negligent or intentional wrongdoing by any User;
      8. any act or omission with respect to the remuneration paid to any Freelancer;
      9. a dispute of or failure to pay any invoice or any other payment; or
      10. any other obligations to a Freelancer. Any such indemnification shall be conditioned on Obuhi:
        1. notifying User in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof;
        2. cooperating with User in the defense or settlement thereof; and
        3. allowing User to control such defense or settlement.

        Obuhi shall be entitled to participate in such defense through its own counsel at its own cost and expense. Obuhi reserves the right to report any wrongdoing of which it become aware to the applicable government agencies or otherwise.

  16. General Terms

    To the extent allowed by law, the English language version of this User Agreement is binding and other translations are for convenience only. The User Agreement is the only agreement between Obuhi and its Users. No waiver should be implied in case of any failure or delay by Obuhi to enforce of any of its rights under the User Agreement.

  17. Governing Law and Forum

    This User Agreement and Privacy Policy will be governed in all respects by the laws of Singapore. Any dispute arising out of or in relation thereto shall be submitted to the exclusive jurisdiction of the Singapore courts unless Obuhi elects to resolve the dispute through arbitration. For the avoidance of doubt, Obuhi is not responsible for any disputes which may arise between a Client and a Freelancer.