Amajova Terms of Service
1. Introduction
Welcome to Amajova, an online marketplace that connects freelancers with clients. By accessing the site, opening an account, or agreeing to these Terms when prompted, you accept and agree to abide by the Amajova Terms of Service, including the Payment Terms and Third-Party Payment Service Provider (PSP) Terms, which are incorporated herein by reference. You also acknowledge reading and understanding our Privacy Policy and AML Policy. If you do not agree to these terms, you must not use or access Amajova.
2. Definitions
- Amajova: Refers to the Amajova.com platform.
- User: Any individual or entity using Amajova.
- Freelancer: A User offering services.
- Client: A User purchasing services.
- PSP: A Third-Party Payment Service Provider facilitating payment processing on the platform.
3. Account Registration
To use Amajova, Users must register for an account and agree to:
- Provide accurate, up-to-date information.
- Maintain confidentiality of their account credentials.
- Be responsible for all activities under their account.
4. Amajova’s Role
Amajova provides a platform for Users to connect and transact and:
- Is not a party to contracts between Freelancers and Clients.
- Does not guarantee the quality, safety, or legality of services.
- Acts solely as a facilitator of transactions between Users.
4.1 Commercial Agent Role
Amajova acts as a Commercial Agent exclusively for Freelancers (Sellers) under the PSD2 Directive 2015/2366/EU, Article 3(b). Amajova does not process or control payments; PSPs act as independent payment agents responsible for handling transactions on the platform.
- Amajova does not store, hold, or control funds.
- Amajova only authorizes PSPs to process payments and does not hold, store, or directly manage user funds.
- Amajova’s role as an agent applies only to Freelancers and does not extend to providing financial services for Clients.
- In cases where PSPs require compliance with additional regulations, Users agree to separately accept the PSP’s terms before transacting.
Clients acknowledge that once payment is made through Amajova, their obligation to pay the Freelancer is fulfilled.
5. User Conduct
Users agree to act professionally and responsibly. Prohibited activities include:
- Spamming, harassment, or fraudulent activity.
- Posting or offering illegal, unethical, or inappropriate services.
- Violating intellectual property rights or applicable laws. Violations may result in account suspension or termination.
6. Service Contracts
Freelancers and Clients are responsible for negotiating their own service contracts. Amajova is not responsible for contract execution or enforcement.
7. Payments and Billing
Payments are facilitated through Third-Party Payment Service Providers (PSPs). Users agree to:
- Make payments in full before work begins.
- Amajova charges Clients a fee (5% or 6% for USD payments) and Freelancers a fee (10%).
- Taxes, fees, and currency conversion costs are the User’s responsibility.
8. Disputes
Amajova does not enforce service contracts between Users but reserves the right to take reasonable platform measures, such as account restrictions, to enforce compliance with platform policies, prevent abuse, and ensure fair use. Such measures do not constitute enforcement of contractual obligations between Users but are strictly related to violations of Amajova’s platform policies.
- Amajova’s role is advisory, and its dispute resolution outcomes are recommended, unless both parties explicitly agree to be bound.
- If one party refuses to comply with a recommended resolution, Amajova may take reasonable platform measures, such as account restrictions, to ensure fair platform use.
- If Users fail to reach an agreement, Amajova may recommend a resolution based on available evidence.
- Users remain responsible for enforcing their own contracts, and Amajova does not legally enforce agreements but may take platform-level measures to maintain compliance.
9. Intellectual Property
Users may not use Amajova’s content, logos, or branding without written permission. User-generated content must comply with intellectual property laws.
10. Third-Party Payment Service Provider (PSP) Terms
10.1 Commercial Agent Exemption Under PSD2
Amajova operates as a Commercial Agent under PSD2 (Directive 2015/2366/EU, Article 3(b)).
- Amajova does not provide financial services but acts as an intermediary to facilitate transactions.
- Payments made to Amajova constitute payments made directly to the Freelancer.
- Users acknowledge that disputes related to payments fall under Amajova’s mediation process but do not affect Amajova’s status as an intermediary.
10.2 PSP for Supported Regions (Stripe or Equivalent):
- For Clients and Freelancers in supported regions, Amajova uses Stripe (or an equivalent PSP) to collect and process funds securely.
10.3 PSP for Unsupported Regions (Alternative PSPs):
- For Freelancers in unsupported regions, Amajova partners with alternative PSPs that comply with security and regulatory standards.
- Users in these regions may need to complete additional verification steps.
10.4 Amajova’s Role in PSP Transactions:
- PSPs act as payment agents for Freelancers and Clients.
- Amajova does not control, hold, or manage user funds.
- Users agree that PSPs are fully responsible for processing transactions.
- In cases of PSP failures, Amajova will assist in resolving disputes but is not financially liable for errors, delays, or lost funds.
10.5 Compliance:
- Users agree to comply with PSP terms and applicable payment regulations.
- Amajova reserves the right to modify PSP partnerships as needed.
11. Refunds
Refunds may be granted under the following conditions:
- Clients must initiate a refund request through Amajova’s dispute process.
- Refund eligibility is determined based on delivered services, platform fees, and applicable consumer protection laws.
- Platform fees remain non-refundable, except where legally required or in cases where Amajova determines, at its discretion, that a full refund is warranted due to fraud or service non-delivery. Refunds due to fraud or service non-delivery may be subject to additional investigation by Amajova or the PSP
12. Termination
Amajova reserves the right to suspend or terminate accounts in cases of fraud, rule violations, or legal non-compliance.
- In most cases, Amajova will provide a written warning before termination.
- For severe violations (fraud, illegal activity, chargeback abuse), immediate termination may occur without notice.
- Termination appeals are reviewed by Amajova’s compliance team. If a user believes the decision was made in error, they may request a second review. The outcome of this second review will be final, with no further appeal process available.
15. Governing Law
These Terms are governed by the laws of England and Wales. However, where local consumer protection laws provide stronger rights than these Terms, such protections will apply only to the extent legally required
Disputes may be resolved in either the UK or the User’s local jurisdiction, subject to applicable legal requirements.
16. Changes to Terms
Amajova may update these Terms at any time. Users will be notified of material changes via email or platform notifications. Continued use of the platform constitutes acceptance of the updated Terms.