The following Terms of Service, which include the Privacy Policy, IP Policy, and any guideline, policy or content displayed on the Website, are a legally binding contractual agreement between you ("User", "you," "your") and CheckPlus Limited, ("checkplus.tech", "we", "us") (hereinafter collectively referred to as the "Terms of Service"). By visiting or using the services available from the domain and sub-domains of www.checkplus.tech (the "Website"), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.

 

 I. Overview and Definitions

CheckPlus is an online marketplace that enables buyers of professional services ("Clients") to search for, enter into and manage transactions with providers of professional services ("experts" and, collectively with clients, "Registered Users"). The Website contains features that enable experts and clients to do, among other things, the following:

 

Clients: Post Jobs, search for experts, communicate with experts, negotiate with experts, award Jobs to experts, manage Jobs, leave feedback for experts, and pay experts.

 

Experts: Create profiles, advertise capabilities, submit Quotes, negotiate with clients, obtain Job awards, invoice, obtain feedback from clients, and receive payment from clients.

We also provide registered users with certain services described in, and subject to, these Terms of Service (as further defined below, the "Services"). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:

 

1099 Service: means the service described in Section 7.

 

Account: means the account created by the Website upon registration.

 

Assumed Payment Liabilities: shall mean that portion of an expert total service charges for a Job which CheckPlus agrees to assume in consideration of the Service Charges.

 

Arbitration Service: means the service described in Section 6.

 

Client's Acceptance of Services: shall mean: (i) with respect to an Invoice, a transfer of funds by client to CheckPlus in respect of such Invoice or (ii) with respect to the SafePay Service, the earlier to occur of the following: (a) Client and the Expert agree as to the rightful recipient of the funds or (b) Client and Expert have concluded the process comprising the Arbitration Service.

 

Checkplus Billing and Payment Services: means, collectively, the Checkplus Invoice Service and the SafePay Service.

 

CheckPlus Invoice Service: means the service described in Section 5(A).

 

SafePay Service: means the service described in Section 5(B).

 

Service Charges: means, as applicable, the Job, Handling, Withdraw, and Arbitration Service Fees.

 

Services: means, collectively, the CheckPlus Billing and Payment Service, the Arbitration Service and the 1099 Service.

 

Website: means the World Wide Web site operated by checkplus.tech at http://www.checkplus.tech or any replacement URL.

 

II. Registration

(A) Eligibility

To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) Be financially responsible for your use of the Website and the purchase or delivery of services; and (3) Perform your obligations as specified by any Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. CheckPlus reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.

(B) Registration

To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.

(C) Accounts and Profiles

General. Once you have registered with the Website as a Registered User, the Website will create your Account with CheckPlus and associate it with an account number. You may create a profile under your Account, in accordance with Section 2(D). Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize CheckPlus to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the account.

(D) Membership

CheckPlus provides Registered Users several different membership options. The availability of these membership options is dependent upon (i) the Registered User's status as a Client or an Expert (ii) the selections made during registration, (iii) any subsequent upgrades or downgrades of membership options after registration.

Clients: All clients have the membership benefits described here. Client Membership Benefit Note, membership benefits may change at the sole discretion of CheckPlus.

Experts: Experts can choose from different membership options. The differences between these options are listed here. Expert Membership Benefit

Each membership option includes a certain number of "Bids." As described on the Website, an expert uses Bids to submit Quotes for Jobs. If an expert requires additional Bids in a given month, the expert has the option to buy additional Bids as listed here. Bid pricing. We reserve the right to change membership fees, the monthly number of Bids included in the membership options or the price of Bids or institute new fees at any time, at the sole discretion of CheckPlus and upon reasonable notice posted in advance on the Website. No refunds of membership fees or Bids already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

 

III. Relationship

(A) Client and Expert

1. Job Agreement: The engagement, contracting and management of a Job are between a client and an expert. Upon acceptance of a Quote, the Client agrees to purchase, and the Expert agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the Job Agreement between Client and Expert including the Quote, Job Description, and other terms and conditions as communicated between Client and Expert on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by CheckPlus (collectively, the "Job Agreement"). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Job Agreement in conflict with these Terms of Service is void. Client is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner. Expert is responsible for the performance and quality of the services in accordance with the Job Agreement in a timely manner. Client and Expert each covenants and agrees to act with good faith and fair dealing in performance of the Job Agreement.
2. Independence: Client and Expert each acknowledges and agrees that their relationship is that of independent contractors. The Expert shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or Client-employee relationship between Expert and Client or between CheckPlus and any Client or Expert.

 

(B) Registered Users and CheckPlus

1. General: CheckPlus is not a party to the dealing, contracting and fulfillment of any Job between a Client and an Expert. CheckPlus 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 Job listings, the qualifications, background, or abilities of Registered Users, the ability of Experts to perform services, the ability of Client to pay for services, or that a Client or Expert can or will actually complete a Job. CheckPlus is not responsible for and will not control the manner in which an Expert operates and is not involved in the hiring, firing, discipline or working conditions of the Expert. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Client and an Expert. CheckPlus will not provide any Expert with any materials or tools to complete any Job. Clients and Experts must look solely to the other for enforcement and performance of all the rights and obligations arising from Job Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
2. Third-Party Beneficiary of Job Agreement: Client and Expert each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Job Agreement. Client and Expert therefore appoint CheckPlus as a third-party beneficiary of their Job Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, CheckPlus by these Terms of Service. Clients and Experts further agree that CheckPlus has the right to take such actions with respect to the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as CheckPlus in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
3. Agency: These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and CheckPlus, except and solely to the extent expressly stated.
4. Taxes: Registered Users are responsible for payment and reporting of any taxes. Other than in connection with the 1099 Service, CheckPlus is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by CheckPlus. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event CheckPlus receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, CheckPlus will deem such receipt a breach of this section and will suspend your Account until CheckPlus received an Internal Revenue Service Release

 

IV. CheckPlus Fees

(A) Membership Fee

Experts can choose various membership programs to subscribe to different levels of participation on the Website, as detailed here. Expert Memberships.

(B) Service Fees

CheckPlus deducts one or more of the following fees, as applicable, from payments made by Clients to Experts using the CheckPlus Billing and Payment Services:

1. Job Fee: CheckPlus charges all Experts a Job Fee. The fee is based on an Expert membership type and is deducted from the total amount paid by a client for a Job as described here. Expert job fee.
2. Client Payment Handling Fee: When a client pays an Expert, a Payment Handling Fee (2.9%) will be added to the invoice total.
3. Expert Transfer Method Fee: If, upon an Expert's request, funds are to be disbursed via a wire transfer, an Expert Transfer Method Fee will be charged to the Expert as described here. Expert transfer method fee. Transfers made through use of automated clearinghouse, PayPal and Payoneer debit card methods will incur no such fee.
4. Arbitration Service Fee: For use of Arbitration Services, irrespective of the nature of resolution and any resulting disbursements, CheckPlus charges an Arbitration Service Fee, equal to the greater of twenty-five dollars ($25.00) and five percent (5%) of the total amount paid by a client to CheckPlus for the applicable Job to which such payment relates.
5. Client Withdraw Fee: When the client withdraws funds from their cash account there is a withdrawal fee (3.5%). This fee will be subtracted from the amount withdrawn.

(C) We reserve the right to change any fees associated with CheckPlus at any time, at the sole discretion of CheckPlus. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

 

V. CheckPlus Billing And Payment Services

(A) CheckPlus Invoice Service

The CheckPlus Invoice Service enables Experts to issue invoices and enables Clients to make payments for services.

1. General: When an Expert delivers services to the Client, the Expert will complete the electronic invoice form (the "Invoice") and submit it to CheckPlus via the Website. An Expert must complete and submit an Invoice to CheckPlus for each and every payment.

(B) SafePay Service

The SafePay Service enables Clients to transfer certain payment responsibilities to CheckPlus.

1. General: At a Clients request, upon payment to CheckPlus by Client for services to be rendered by an Expert, CheckPlus will assume responsibility for the payment for such Expert’s services (less applicable Service Charge). CheckPlus agrees not to pay Experts for services until after the occurrence of a Client Acceptance of Services. You acknowledge that such funds will belong to CheckPlus immediately upon such funds being transferred to CheckPlus by you. However, CheckPlus agrees to refund such funds to client in the event that (a) an Expert acknowledges that services have not been completed or (b) Client and Expert have concluded the process comprising the Arbitration Service with a result indicating that Client is the rightful recipient of such funds. CheckPlus agrees to keep both Client and Expert informed as to the status of the Assumed Payment Liability and if, for any reason, a party requests Arbitration Service regarding such status, will notify both parties that the matter will be addressed through the Arbitration Service.
2. SafePay Disputes: If a Client or Expert reasonably disputes the quality or completion of services provided by such Expert, then both Client and Expert agree that CheckPlus shall have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with Section 6 below. CheckPlus obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.

(C) Funds Transfer

1. General: To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if CheckPlus determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, CheckPlus has the right to refuse to process such request.
2. Hold on Transfers: CheckPlus reserves the right, at its sole discretion, to place a hold on requested transfers if CheckPlus suspect’s monies may be subject to charge back, bank reversal, failure to clear or fraud. CheckPlus will release a hold as soon as practical.

(D) Legal Relationship

1. CheckPlus is not your agent with respect to any funds that have been transferred to CheckPlus for any Assumed Payment Liabilities.
2. Each Expert must properly discharge and credit Client for all payments that CheckPlus makes to such Expert in respect of services provided to such Clients.
3. CheckPlus acts as a payment provider by creating, hosting, maintaining, and providing the CheckPlus Billing and Payment Services to you via the Internet. CheckPlus does not have any control over the services invoiced or paid for with the CheckPlus Billing and Payment Services. Additionally, CheckPlus does not control whether a Client or Expert will actually complete the underlying transaction. CheckPlus 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 an Expert as a result of an awarded Job. Nothing in these Terms of Service will be deemed to constitute CheckPlus as your agent with respect to any service purchased and sold by Registered Users through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms of Service.
4. By using the CheckPlus Billing and Payment Services, you expressly acknowledge that
   1. Checkplus is not acting as a trustee or a fiduciary of Clients or Experts and that the CheckPlus Billing and Payment Services are provided to Registered Users administratively;
   2. CheckPlus is not a "financial institution" as defined under the Banking Act and the CheckPlus Billing and Payment Services are payment services rather than a banking services;
   3. CHECKPLUS IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH CHECKPLUS ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.

(E) Miscellaneous Payment Terms

1. Authorized Payments are Final: Your use of the CheckPlus and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, MPESA account or PayPal account. Such payments, once authorized, are final. When an Client’s Acceptance of Services has occurred, (i) CheckPlus shall have no further liability to any party with respect to Payment for such services, (ii) Client acknowledges that CheckPlus has provided a complete service in respect of the payment made by CheckPlus for the Assumed Payment Liability or Invoice, as applicable and (iii) Client hereby releases CheckPlus from any and all liability with respect to such Payment.
2. Fraudulent Transactions: Erroneous or Duplicate Transactions; Charge Backs. CheckPlus reserves the right to seek reimbursement from you, and you will reimburse CheckPlus, if CheckPlus discovers a fraudulent transaction, erroneous or duplicate transaction, or if CheckPlus receives a charge back or reversal from any Client’s credit card company, bank, MPESA or PayPal for any reason. You agree to and acknowledge CheckPlus right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by CheckPlus in an effort to investigate fraud. You agree that CheckPlus has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card, MPESA account or any bank account associated with your Account, or obtaining reimbursement from you 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 your Account.
3. Currency: The CheckPlus Billing and Payment v operate in US Dollars or Kenya Shillings and therefore CheckPlus not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars or KES, nor is CheckPlus responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account, MPESA account or PayPal account.
4. Exclusivity and Non-Circumvention: Clients agree to use the CheckPlus Billing and Payment Services to make all payments to Experts, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the CheckPlus Billing and Payment Services or any associated fees. As an Expert, you agree to use CheckPlus Billing and Payment Services to receive all payments from Clients identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the CheckPlus Billing and Payment Services or any associated fees.
5. Notification: As a Client, you agree to notify CheckPlus immediately if your Expert solicits payment from you outside the Website. As an Expert, you agree to notify CheckPlus immediately if your Client seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the CheckPlus Billing and Payment Services, please submit a confidential report to CheckPlus by phone at +254 722 169530 or contact us.
6. Agreement to Pay: If, for any reason, CheckPlus does not receive payment for any amounts that you have authorized to be paid through your use of the CheckPlus Billing and Payment Services, you agree to pay such amount immediately upon demand by CheckPlus. You also agree to pay any interest charges, attorneys' fees and other costs of collection incurred by CheckPlus in collecting from you the authorized but unpaid amount. In such case, CheckPlus may, at its option, stop processing any further payments made by you and apply any amounts then held by CheckPlus on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the CheckPlus Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

 

VI. Arbitration Service

(A) Eligibility

CheckPlus offers the Arbitration Service to those Registered Users that have funds in SafePay and requested CheckPlus to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Job that is (i) Pursuant to a Job posting by a Client through the Website, (ii) Pursuant to a Quote for by an Expert through the Website for such Job posting and (iii) Pursuant to an acceptance through the Website by the Client for such Quote. Client and Expert agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6.

(B) Process

1. Arbitration: In any case where the Client and Expert cannot mutually agree on the distribution of the funds in SafePay, you expressly agree to and acknowledge that CheckPlus or a third party chosen by CheckPlus will arbitrate the dispute in accordance with these Terms of Service and the Website.
   1. You acknowledge and agree that CheckPlus will construe any Job Agreement based on the transaction's course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Job Agreement, (ii) the parties' course of dealings, as evidenced by activity on or communications through the Website, (iii) the Job itself and (iv) any information or communication that the Client and the Expert submit for review.
   2. CheckPlus shall render its decision within five (7) days of the Arbitration being opened. During this time, you are encouraged to continue to negotiate an amicable settlement with each other.
   3. You agree that the decision of CheckPlus, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator's decision.
   4. In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Job that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Job in your possession and destroy any electronic copies that you have.

(C) Communication

You agree and acknowledge that (i) CheckPlus will use the e-mail address corresponding with your Account registered at the time Arbitration is opened to notify and communicate with you with regard the Arbitration and (ii) you are solely responsible for the receipt of any notification or communication sent by CheckPlus using the e-mail address corresponding with your Account registered at the time Arbitration is opened.

(D) Acknowledgements

You agree and acknowledge that (i) CheckPlus is not providing legal services to you, (ii) CheckPlus will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on CheckPlus for any such counsel. You agree to indemnify and hold harmless CheckPlus and any of our affiliates against any damages or liability you may suffer as a result of using the Arbitration Service. If you do not agree to use this Arbitration Service under these terms, you should not request CheckPlus to assume the Assumed Payment Liabilities.

 

VII. 1099 Services

At the request of a Client, CheckPlus shall issue each individual Expert whom you have engaged through the Website a summary on Form 1099 reflecting Payments (less fees) paid to each Expert. You hereby acknowledge that, although CheckPlus may provide the 1099 Service to Clients, the Client's Job Agreement to obtain services and make payments is an agreement between a Client and an Expert.

 

VIII. Term; Termination And Suspension

1. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or CheckPlus as provided for under the terms of this section.
2. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) CheckPlus shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) You shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to CheckPlus for any service and to any Expert for any services.
3. Any termination of an Account will automatically lead to the termination of all related profiles.
4. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for CheckPlus or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
5. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
6. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the CheckPlus Billing and Payment Services or otherwise reduce fees owed CheckPlus under these Terms of Service, you must pay CheckPlus for all fees owed to CheckPlus and reimburse CheckPlus for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
7. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.

 

IX. Privacy And Confidentiality

Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the CheckPlus Privacy Policy. It is your responsibility to review the CheckPlus Privacy Policy, which is incorporated by reference, and we suggest that you review the Privacy Policy and print a copy for yourself. The Privacy Policy is posted on the Website and may be updated from time to time. Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

 

X. Intellectual Property

(A) CheckPlus Content

Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the CheckPlus IP Policy. It is your responsibility to review the CheckPlus IP Policy, which is incorporated by reference, and we suggest that you review the IP Policy and print a copy for yourself. The IP Policy is posted on the Website and may be updated from time to time.

(B) Registered User Content

1. You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, "Multimedia Content"), (b) any posting or listing made in any public message area, through any email feature or through CheckPlus feedback feature (collectively, "Non-Multimedia Content") and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies ("Personal Content"). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
2. You hereby assign to CheckPlus your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing CheckPlus products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
3. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
4. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.

(C) Removal of Content for which Copyright Infringement Is Claimed

1. CheckPlus has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the relevant Act. If you believe your copyrights are being infringed by a User of the Website, please fill out a Notice of Infringement form and email to CheckPlus Copyright Infringement Notices at info@Checkplus.tech.
2. The information requested by the Notice of Infringement form substantially seeks the following:
   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website.
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Expert to locate the material.
   4. Information reasonably sufficient to permit the Expert to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
   5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   7. Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
3. Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and email it to the email address provided above.

 

XI. Representations, Disclaimers, Limitations and Exclusions

(A) Registered User Representations and Warranties

All Registered Users represent, warrant, and agree:

1. Not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
2. To be fully responsible and liable for any action of any user who uses your Account.
3. Not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
4. Not to allow any third party who is not authorized to do so to use your Account at any time.
5. Not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
6. Not to intercept or expropriate any system, data or personal information from the Website.
7. Not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.
8. That it has the right and authority to enter into the Terms of Service and to transact business hereunder.
9. That they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
10. That they will not use the Website or its services to defraud or mislead any person or entity, including without limitation CheckPlus or any Register User.
11. That they will not use the Website to violate any law or regulation of the United States of America Kenya or any international law or treaty.
12. That they are not a resident national of, or, an entity located in any country subject to economic sanctions imposed by the government of Kenya. 
13. That they will not use the Website in connection with any "prohibited transaction" as defined under Kenyan laws or regulations.

(B) Warranty Disclaimer

THE SERVICES PROVIDED BY CHECKPLUS OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

(C) Limitation of Liability

IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, 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 AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

(D) General Release

If you have a dispute with another Registered User, you release CheckPlus (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

(E) State Specific Release

YOU HEREBY WAIVE ANY ANALOGOUS LAW IN ANY APPLICABLE JURISDICTION WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

(F) Indemnity

You agree to defend, hold harmless and indemnify CheckPlus from and against any and all losses, costs, expenses, damages or other liabilities incurred by CheckPlus from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against CheckPlus: (1) in connection with your use of the Services including any payment obligations incurred through use of the CheckPlus Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Expert; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to an Expert. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

(G) Links

The Website may contain links to third-party web sites not under the control or operation of CheckPlus. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.

(H) Data

You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on CheckPlus part to store, backup, retain, or grant access to any information or data for any period.

 

XII. Miscellaneous Terms And Conditions

(A) Compliance with Law

You are responsible for compliance with applicable Kenyan and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.

(B) Modification and Waiver

CheckPlus will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of CheckPlus. No delay or omission by CheckPlus in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

(C) Severability

If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(D) Assignment or Transfer

You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of CheckPlus, and any attempt to do so will be null and void. CheckPlus may assign these Terms of Service in its sole discretion.

(E) General Legal Notice

Pursuant to any international law, user are hereby advised of the following: CheckPlus, located in Nairobi, Kenya, is the provider of the electronic commercial service on the Website. Registered Users are notified in advance regarding any applicable service charges. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact CheckPlus to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at info@checkplus.tech .

(F) Force Majeure

Except for the payment of fees to CheckPlus, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

(G) Notice

All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or mailed, postage pre-paid, by registered or certified mail (notices mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.

 

If to CheckPlus:
Attention Mr. Benson Kulavi
15574-00100, GPO
Nairobi

 

If to Registered User:
To the address associated with Registered User's access or login information.

(H) Headings and Labels.

The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.

(I) Integration.

These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and CheckPlus with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.

(J) Survival

Sections IV, V, VI, VII, VIII, IX, X, XI, and XII will survive any termination of these Terms of Service for any reason.