Amajova Terms of Service
1. Introduction
Welcome to Amajova, an online marketplace that connects freelancers with clients. Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and AmaJova Payment Terms, (“Payment Terms”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here and our AML Policy, found here. If you do not want to agree to these Terms of Service, AML Policy or the Privacy Policy, you must not access or use the Site.
2. Definitions
In these Terms, “Amajova” refers to the Amajova.com platform, “User” refers to any individual or entity using Amajova, “Freelancer” refers to a User offering services, and “Client” refers to a User purchasing services.
3. Account Registration
To use Amajova, you must register for an account. You agree to provide accurate and complete information and keep your account information up-to-date. You are responsible for all activities occurring under your account.
4. Amajova’s Role
Amajova provides a platform for Freelancers and Clients to negotiate and complete transactions. We do not act as an agent for either party or guarantee the quality, safety, or legality of services offered or purchased.
5. User Conduct
Users agree to act professionally and responsibly when using Amajova. Prohibited activities include, but are not limited to, spamming, harassment, fraud, and intellectual property infringement. Violation of these rules may result in account suspension or termination.
6. Service Contracts
Freelancers and Clients are responsible for negotiating and agreeing upon the terms of their service contracts. Amajova is not a party to these contracts and is not responsible for their execution or enforcement.
7. Payments and Billing
Amajova uses a third-party payment provider to facilitate payments between Clients and Freelancers. Users are responsible for any taxes and fees associated with their transactions. Freelancers may be charged a service fee by Amajova for the use of the platform.
8. Disputes
Amajova is not responsible for resolving disputes between Users. However, we may offer a dispute resolution service at our discretion. Users are encouraged to resolve disputes amicably and professionally.
9. Intellectual Property
All content on Amajova is protected by copyright, trademark, and other intellectual property laws. Users may not use Amajova’s content without permission, except as necessary to use the platform.
10. Termination
Amajova reserves the right to terminate or suspend your account at any time, for any reason, without notice or liability. Upon termination, you must immediately cease using Amajova’s services and content.
11. Disclaimer of Warranties
Amajova provides its services “as is” and disclaims all warranties, whether express or implied. Users use Amajova at their own risk and are responsible for their own actions and decisions.
12. Limitation of Liability
Amajova, its affiliates, and their respective officers, directors, employees, and agents will not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use of or inability to use Amajova’s services.
13. Indemnification
You agree to indemnify and hold harmless Amajova, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of your use of Amajova’s services.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of the England and Wales in which Amajova is incorporated, without regard to its conflict of law provisions.
15. Changes to the Terms
Amajova may update or modify these Terms at any time, at its sole discretion. By continuing to use Amajova’s services after any changes to the Terms, you agree to be bound by the revised Terms. It is your responsibility to review the Terms periodically for updates or changes.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
17. No Waiver
Amajova’s failure to enforce any right or provision in these Terms will not constitute a waiver of that right or provision, nor will any single or partial exercise of any right or provision preclude any other or further exercise of that right or provision.
18. Notices
All notices or other communications required or permitted by these Terms must be in writing and addressed to the respective parties at the contact information provided during account registration or as updated by the parties.
19. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Amajova’s prior written consent. Amajova may assign or transfer these Terms, in whole or in part, at its discretion.
20. Entire Agreement
These Terms, together with any additional terms and conditions incorporated by reference, constitute the entire agreement between you and Amajova and govern your use of Amajova’s services, superseding any prior agreements between you and Amajova.
21. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet or communication failures, or government actions.
22. Relationship of the Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between Amajova and Users. Users are independent contractors and are not employees or agents of Amajova.
23. Third-Party Links
Amajova may contain links to third-party websites or resources. Amajova is not responsible for the content, products, or services available from these websites or resources. Users access and use such websites or resources at their own risk.
24. Privacy Policy
Amajova’s collection, use, and disclosure of personal information are governed by its Privacy Policy, which is incorporated into these Terms by reference. By using Amajova’s services, you acknowledge and agree to the terms of the Privacy Policy.
25. Feedback
Users may provide feedback, suggestions, or ideas regarding Amajova’s services. By submitting such feedback, Users grant Amajova a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, and otherwise exploit the feedback for any purpose, without compensation or attribution.
26. Survival
Sections 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Governing Law), and any other provisions that by their nature should survive termination, will survive the termination of these Terms and continue to bind the parties.
27. Language
These Terms may be translated into languages other than English for the convenience of Users. In the event of any inconsistency or conflict between the English version and any translated version, the English version shall prevail.
28. Compliance with Laws
Users agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances while using Amajova’s services. Users are responsible for ensuring their activities on Amajova do not violate any applicable laws or regulations.
29. Prohibited Services
Users are not allowed to offer or solicit any services that are illegal, promote hate, violence, or discrimination, or violate Amajova’s policies. Amajova reserves the right to remove any services or content that it deems inappropriate or in violation of these Terms or applicable laws.
30. User Content
Users may post, upload, or transmit content, including but not limited to, text, images, videos, and other materials, while using Amajova’s services. Users grant Amajova a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, and publicly display and perform such content in connection with Amajova’s services.
31. Reporting Violations
Users are encouraged to report any activity or content that they believe violates these Terms or applicable laws. Amajova will investigate such reports and take appropriate action, at its sole discretion, which may include removing the content or suspending or terminating the User’s account.
32. Promotions
Amajova may, from time to time, offer promotions, discounts, or other incentives to Users. Such promotions are subject to the specific terms and conditions of each promotion and may be modified, suspended, or terminated by Amajova at any time without notice or liability.
33. Support
Amajova provides customer support to Users through its help center and other communication channels. Users may contact Amajova’s support team for assistance with any issues, questions, or concerns related to the platform and its services.
34. Disclaimers for Third-Party Services
Amajova may integrate or offer third-party services or applications, including payment processors and other tools. Users acknowledge and agree that Amajova is not responsible for the availability, functionality, or accuracy of such third-party services or applications, and does not endorse or assume any liability for their content, products, or services.
35. Waiver of Jury Trial and Class Action
To the fullest extent permitted by applicable law, Users waive the right to a trial by jury in any legal proceeding arising out of or relating to these Terms or the transactions contemplated hereby. Users also waive any right to participate in or be represented in any class action or class-wide arbitration in any legal proceeding arising out of or relating to these Terms or the transactions contemplated hereby.
36. Amendments
Amajova reserves the right to amend or modify these Terms at any time without prior notice. Users will be notified of any significant changes through email or an announcement on the platform. Continued use of Amajova’s services after the effective date of any amendments or modifications signifies Users’ acceptance of the revised Terms.
37. Electronic Communications
By using Amajova’s services, Users consent to receive electronic communications from Amajova, including, but not limited to, account-related notices, promotional materials, and other information. Users may opt out of receiving certain promotional communications by following the unsubscribe instructions provided in the communication.
38. Age Restrictions
Amajova’s services are not intended for use by individuals under the age of 18. By using Amajova’s services, Users represent and warrant that they are at least 18 years old and have the legal capacity to enter into binding contracts under applicable law.
39. DMCA Policy
Amajova respects the intellectual property rights of others and expects its Users to do the same. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please follow Amajova’s Digital Millennium Copyright Act (DMCA) policy for submitting a takedown notice.
40. Third-Party Beneficiaries
Except as expressly provided in these Terms, there are no third-party beneficiaries to these Terms. Users’ legal rights and obligations under these Terms are solely between them and Amajova, and no other person or entity shall have any rights or obligations hereunder.
41. Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
42. Non-Exclusivity
Amajova’s services are provided on a non-exclusive basis, and nothing in these Terms shall be construed as limiting Users’ ability to use or engage with other platforms, marketplaces, or services.
43. Interpretation
In the event of any ambiguity or inconsistency in these Terms, the language in these Terms shall be interpreted in a manner that best reflects the original intent of the parties.
44. Contact Information
For any questions, concerns, or inquiries regarding these Terms, please contact Amajova’s customer support team, who will be glad to assist you.
45. Geographical Restrictions
Amajova’s services may not be accessible or available in all countries or regions. Users are responsible for ensuring that their use of Amajova’s services complies with all applicable local laws and regulations in their jurisdiction.
46. No Partnership or Agency
Nothing in these Terms shall be construed as creating a partnership, agency, or employment relationship between Amajova and Users. Users are independent contractors and are not employees, agents, or representatives of Amajova.
47. Counterparts
These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
48. Injunctive Relief
Users acknowledge and agree that any breach or threatened breach of these Terms may cause Amajova irreparable harm for which monetary damages would be an inadequate remedy, and that Amajova shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity, to prevent or remedy any such breach or threatened breach.
49. Cumulative Remedies
All rights and remedies provided in these Terms are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, or otherwise.
By using Amajova’s services, Users acknowledge and confirm that they have read, understood, and agreed to be bound by these Terms and any additional terms and conditions that may apply to specific services or features provided by Amajova. Users further agree that these Terms, together with any additional terms and conditions, represent the entire understanding and agreement between them and Amajova regarding their use of Amajova’s services.
Fees
1. Payment Terms for Freelancers
1.1. Amajova charges Freelancers a fixed 10% fee for any completed job. This fee will be automatically deducted from the total payment received for the completed job.
1.2. Freelancers will receive payment through their preferred payment method, as specified in their Amajova account settings. Payment methods may include, but are not limited to, bank transfer, PayPal, or other digital payment platforms.
1.3. Payments to Freelancers will be processed and released within 3 business days after the Employer has approved the completed work and made the payment.
2. Payment Terms for Employers
2.1. Employers pay a fixed 5% fee for hiring a freelancer, or 6% if paying in USD. This fee covers payment processing and administration and is automatically added to the project cost.
2.2. Employers are required to fund the project cost in full before work commences. Funds will be held in escrow by Amajova until the project is completed and approved by the Employer.
2.3. Once the Employer approves the completed work, Amajova will release the payment to the Freelancer, minus the 10% Freelancer fee.
3. Payment Terms for USDT Payments
3.1. If USDT is used as the payment method, both Freelancer and Employer fees, as mentioned in sections 1.1 and 2.1, will still apply.
3.2. AmaJova does not support the conversion of USDT to local FIAT currency. If your employer makes a payment in USDT, you will need to withdraw the USDT.
4. Refunds and Disputes
4.1. In case of any disputes between the Freelancer and Employer, both parties are encouraged to resolve the issue amicably through Amajova’s dispute resolution process.
4.2. If a refund is granted after the dispute resolution process, Amajova will refund the Employer the project cost, minus the 5% Employer fee.
4.3. Amajova reserves the right to make the final decision in case of disputes and refunds, and its decision shall be binding on both parties.
By using Amajova’s platform, you agree to abide by these payment terms and conditions. Amajova reserves the right to update or modify these terms at any time without prior notice.