1. The Tuma Fundi Marketplace

1.1 Platform Role

Tuma Fundi is a technology-enabled marketplace and coordination platform connecting:

• Clients—Individuals, businesses, or institutions seeking services
• Fundis—Independent skilled service providers

Tuma Fundi facilitates:

• Discovery
• Communication
• Booking
• Payment processing
• Service coordination (verification, dispatch)

Tuma Fundi does not perform the services directly.

1.2 Independent Contractor Status

Fundis are independent contractors and are not employees, agents, or partners of Tuma Fundi.

Fundis are solely responsible for:

• Tools and equipment
• Transport
• Assistants or subcontractors
• Work quality
• Tax obligations (including turnover tax)
• Insurance (if applicable)

Nothing in these Terms shall be construed as creating an employer-employee relationship, joint venture, partnership, or agency.

1.3 No Guarantee or Endorsement

Any designation such as Verified, Star Rated, Top Fundi, or Recommended means only that the Fundi has completed platform registration and met internal platform criteria.

These badges do not constitute:

• Skill certification
• Professional licensing
• Guarantee of quality
• Guarantee of availability

Clients are responsible for confirming suitability for each task.

2. User Representations & Warranties

By using Tuma Fundi, you confirm:

2.1 Identity

You are using your real name as per Kenyan National ID, Alien ID, or Passport (where applicable). Providing false identity information may result in account suspension or termination.

2.2 Legal Capacity

You are 18 years or older and have legal capacity to enter into contracts.

2.3 Legal Compliance

Users agree to comply with the Laws of the Republic of Kenya, Computer Misuse and Cybercrimes Act, Consumer Protection Act, Data Protection Act (Kenya), and any other applicable regulations.

2.4 Platform Conduct

Users shall not:

• Use abusive or threatening language
• Engage in discrimination or harassment
• Request illegal services
• Request prohibited substances
• Use platform for fraudulent activity

Violation may result in immediate suspension.

2.5 Recording & Privacy

Users may not record audio or video, take photos, or share personal details without explicit consent. This is aligned with the Kenya Data Protection Act.

3. Fundi-Specific Requirements

If registering as a Fundi, you further confirm:

3.1 Right to Work

You have the legal right to work in Kenya.

3.2 Professional Licensing

Where required, you must hold EPRA license (electricians), NCA registration (construction), plumbing certification, or other relevant professional certifications. Tuma Fundi may request documentation at any time.

3.3 Good Conduct

Tuma Fundi reserves the right to request Certificate of Good Conduct, reference checks, or previous work verification. Failure to comply may lead to account suspension.

4. Service Agreement

4.1 Contract Formation

When a Client requests a job and a Fundi accepts, a direct service agreement is formed between Client and Fundi. Tuma Fundi is not a party to this agreement.

4.2 Scope of Work Documentation

Users are required to document scope of work, materials, timeline, and price inside the Tuma Fundi platform. This serves as evidence in case of disputes.

5. Payments & Platform Fees

5.1 Platform Payments

All payments must be made through M-Pesa, Card, or other approved platform methods.

5.2 Platform Fees

Tuma Fundi charges service fees, processing fees, and subscription fees (where applicable). These fees are non-refundable unless otherwise determined by Tuma Fundi.

5.3 Non-Circumvention Clause (Very Important)

Users agree not to share personal contact details, conduct payments outside the platform, or bypass the platform after introduction.

Violation may result in permanent account suspension, loss of platform access, and legal action (where applicable).

6. Cancellations & Refunds

Tuma Fundi reserves the right to charge cancellation fees, apply rescheduling fees, or refund partially where appropriate. Refund decisions are at Tuma Fundi’s discretion.

7. Limitation of Liability

To the maximum extent permitted by Kenyan law, Tuma Fundi is not liable for property damage, personal injury, loss of income, poor workmanship, project delays, or disputes between users. Tuma Fundi acts solely as a facilitator.

8. Insurance

Tuma Fundi does not provide worker insurance, liability insurance, or tools insurance. Fundis are encouraged to obtain WIBA insurance, personal accident insurance, and liability cover.

9. Dispute Resolution

9.1 Mediation

Users agree to attempt mediation through the Tuma Fundi Support Team.

9.2 Arbitration

If unresolved, arbitration in Nairobi via the Chartered Institute of Arbitrators (Kenya Branch).

9.3 Governing Law

These Terms are governed by the Laws of the Republic of Kenya.

10. Account Suspension

Tuma Fundi reserves the right to suspend accounts for fraud, abuse, non-payment, bypass attempts, or illegal activity without prior notice.

11. Platform Modifications

Tuma Fundi may modify platform features, update pricing, or update policies. Users will be notified where applicable.

12. Force Majeure

Tuma Fundi shall not be liable for natural disasters, system failures, network outages, or government restrictions.