Terms of Service

1. Scope of Service

jobs.af provides an online intermediary platform to connect Jobseekers, Freelancers, and Employers.

The Platform's Role: We are an information service provider. We are not an employer, a labor union, or a recruitment agency.
No Agency: Using this platform does not create an employer-employee relationship or a partnership between the user and jobs.af.

2. Mandatory Identity and Business Verification

To ensure a secure environment and prevent fraudulent activity, we enforce a strict Know Your Customer (KYC) and Know Your Business (KYB) policy:

Freelancers/Jobseekers: You must provide a valid Tazkira (National ID) or Passport for account verification.
Employers: You must provide a valid Business License issued by the relevant Afghan authorities (e.g., Ministry of Commerce and Industry).
Consequences of Fraud: Providing forged or altered documents is a violation of Afghan law and these Terms. Such accounts will be permanently banned and may be reported to the relevant authorities.

3. User Obligations and Conduct

All users agree to use the Platform in a manner consistent with Afghan law and cultural norms. You shall not:

Post job advertisements or content that is contrary to the laws or public interest of Afghanistan.
Engage in "Ghost Hiring" (posting fake jobs to collect user data).
Use the platform for any form of harassment, defamation, or the distribution of prohibited materials.
Circumvent the platform to complete payments for freelance work started on jobs.af if an escrow or platform payment system is in use.

4. Labor Law Compliance

Employment Contracts: Employers are solely responsible for ensuring that any employment contracts offered through jobs.af comply with the Labor Law of Afghanistan, including provisions regarding working hours, wages, and termination.
Non-Discrimination: We encourage all employers to adhere to fair hiring practices as defined by local regulations.

5. Intellectual Property

Ownership: All software, design, and branding on jobs.af are the exclusive property of the Platform.
User Content: By uploading a CV or Job Description, you grant us the right to host and display that information for the purpose of providing our services.

6. Limitation of Liability

Third-Party Actions: jobs.af is not liable for the conduct, whether online or offline, of any Jobseeker, Freelancer, or Employer.
No Guarantee: We do not guarantee the accuracy of user profiles or the legitimacy of job postings. Users are encouraged to perform their own due diligence before signing contracts or sharing sensitive personal information.
Maximum Liability: To the extent permitted by Afghan law, our total liability for any claim arising out of these Terms shall not exceed the amount you paid us to use the service in the prior six months.

7. Termination of Service

We reserve the right to suspend or terminate any account, without prior notice, if we believe the user has:

Violated these Terms or Afghan Law.
Submitted fraudulent identification or business licenses.
Engaged in behavior that threatens the safety or reputation of the Platform.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Afghanistan.

Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms shall first be attempted to be resolved through amicable negotiation.
Jurisdiction: If negotiation fails, the dispute shall be subject to the exclusive jurisdiction of the Courts of Kabul, Afghanistan.

9. Payment Terms for Freelance

1. Platform Role

Jobs.af operates a freelance marketplace that enables Project Posters (Clients) and Freelancers (Service Providers) to contract for services.

Jobs.af facilitates payment collection, holding, and release through its platform; however, Jobs.af is not a party to the service agreement between Clients and Freelancers and does not act as an employer or agent of either party.

2. Payment Processing & Escrow

2.1 Funding Projects

Clients are required to fund the agreed project budget or milestone amount through the Jobs.af platform before work begins.
Funds are held securely by Jobs.af until release conditions are met.

2.2 Escrow Holding

Funded amounts are held in a secure holding mechanism (escrow-like system).
Funds remain on hold until:
The Freelancer submits the agreed deliverables, and
The Client approves the work, or
An automatic release condition is triggered.

2.3 Client Account Funding & Non-Withdrawal

When a Client adds funds to their Jobs.af account:

All deposited funds are non-withdrawable and non-refundable.
Funds may only be used for the following purposes:
Posting and publishing projects;
Paying Freelancers for approved projects, milestones, or services; and
Paying applicable platform, service, or processing fees charged by Jobs.af.
Once credited, funds cannot be transferred back to the original payment method, withdrawn as cash, or used outside the Jobs.af platform.
Any unused balance will remain available in the Client's account for future eligible platform uses, subject to these Terms.

3. Payment Release to Freelancers

3.1 Manual Approval

Upon submission of work, Clients may approve the deliverables.
Once approved, Jobs.af will release the funds to the Freelancer's account balance.

3.2 Automatic Release

If a Client does not respond within the defined review period, Jobs.af may automatically release the funds to the Freelancer.

3.3 Security Hold

Released funds may be subject to a short security or clearance period before becoming withdrawable.

4. Freelancer Withdrawals

Freelancers may withdraw available balances using supported payout methods.
Withdrawal processing times and fees vary depending on the selected method and location.
Once withdrawn, payments are final and non-refundable.

5. Platform Fees

5.1 Freelancer Service Fees

Jobs.af may deduct a service fee from Freelancer earnings before funds are released.
Applicable fees are displayed clearly before contract confirmation.

5.2 Client Fees

Jobs.af may charge Clients platform or processing fees in addition to the project amount.
All platform fees are non-refundable, except where required by applicable law.

6. Disputes & Payment Holds

6.1 Disputes

If a dispute is raised before payment release, Jobs.af may:
Temporarily hold the funds;
Review submissions and communications;
Request additional information from both parties.

6.2 Resolution

Jobs.af may, at its discretion, facilitate resolution but does not guarantee outcomes.
If resolution is not reached, Jobs.af may release funds based on platform rules, evidence, or contractual compliance.

7. User Responsibilities

Clients

Fund projects before work begins.
Review submissions within the defined timeframe.
Communicate clearly and in good faith.

Freelancers

Deliver work as agreed.
Submit deliverables through platform tools.
Comply with all applicable tax and legal obligations.

8. Prohibited Use

Users must not:

Attempt to bypass Jobs.af payment systems.
Request or make off-platform payments.
Engage in fraud, chargeback abuse, or misrepresentation.

Violations may result in account suspension, fund holds, or permanent termination.

9. Limitation of Liability

To the maximum extent permitted by law:

Jobs.af is not liable for indirect losses, lost profits, or consequential damages.
Jobs.af's liability, if any, is limited to the fees paid to the platform for the disputed transaction.

10. Acknowledgement

By using the Jobs.af Freelance Portal, Users acknowledge and agree that:

Payments must be processed through Jobs.af.
Jobs.af controls the holding and release of funds under these Terms.
Platform decisions regarding payment release are final, subject to applicable law.

10. Contact Information

For legal notices or questions regarding these Terms, please contact:

Legal Department: [email protected]

Physical Address: NETLINKS Plaza | Shar-e-Now, Lane 3, Kabul 1001, Afghanistan