KENNFLIK TERMS AND CONDITIONS
Welcome to Kennflik.
The following terms and conditions (these “Terms of Service,” or “Agreement”), govern your access to and use of the Kennflik website and mobile application, including any content, functionality and services offered on or through [https://kennflik.com] or the Kennflik mobile application (the “Site”) by KennFlik, Bridgewater, 08807 , NJ USA referred hereto as “KennFlik” “we” or “us” and “you” or “user” means you as an user of the Site.
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 KennFlik Payment Terms (“Payment Terms”). You further acknowledge, you have read and understood our Privacy Policy, found https://kennflik.com/privacy-policy-2/ If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the KennFlik Services. By using the Site, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Site. Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by writing to us at supportk33@kennflik.com.
1 KEY TERMS
1.1 “Account” means the official account that users are required to create on the Site.
1.2 “Buyers” are users who purchase Services on KennFlik.
1.3 “Custom Offers” are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
1.4 “Custom Orders” are requests made by a Buyer to receive a Custom Offer from a Seller.
1.5 “Gig Page” is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.
1.6 “Gig/Gigs” are services offered on KennFlik.
1.7 “Order Page” is where Buyers and Sellers communicate with each other in connection with an ordered Gig.
1.8 “Orders” are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Gig page.
1.9 “Project” means an engagement for Services that a Seller provides to a Buyer under a Service Contract.
1.10 “Sellers” are users who offer and perform Services through Gigs or through the Logo Maker on KennFlik.
1.11 “Services” means all the services performed for or delivered to Buyers by Sellers, as listed on the Gig on the Site.
1.12 “Service Contract” means a contractual relationship directly between the Buyer and the Seller with respect to a Project.
2 MODIFICATION OF TERMS AND CONDITIONS
We may modify the Terms of Service at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms of Service on the Site or through other communication means. It is important that you review the Terms of Service whenever we modify them because if you continue to use the Services after we have posted the modified terms and conditions on the Site, you are indicating to us that you agree to be bound by the modified Terms of Service. If you do not agree to be bound by the modified Terms of Service, then you may not use the Services anymore. Since our services are evolving over time we may change or discontinue all or any part of the services, at any time and without notice, at our sole discretion.
3 HOW KENNFLIK WORKS
3.1 Kennflik is an online freelance marketplace and online outsourcing, acting as a simple, easy-to-use freelance Site. Kennflik Marketplace brings together Buyers and Sellers, streamlining the process of acquiring additional help for growing businesses who need an extra pair of hands.
3.2 Sellers are referred to as ‘Experts/Professionals’ on the Sites and can list their Services via Gigs on Gig Page in their respective Account which can then be purchased by Buyers.
3.3 A broad range of freelance services can be advertised and purchased on the Site, covering many aspects of design (logo, website, graphic, app), digital marketing, lifestyle, copywriting, writing & translation, technical support, database support, WordPress, online courses, business, consulting, finance, audio & video, consulting, finance service, other digital services, etc.
3.4 Buyers are free to browse the Gigs on the Site, discuss Projects with Sellers directly and make a Seller an offer if they have a specific Project requiring a more bespoke approach.
4 REPRESENTATIONS
Each Party hereby represents that:
4.1 The Parties have the power, capacity, and authority to enter into and perform its obligations under this Agreement.
4.2 This Agreement is legal and binding on such Party.
4.3 The execution, delivery, and performance of this Agreement will not violate the provisions of any contract or other undertaking or instrument to which it is a party, or which is binding upon it or any of its assets.
4.4 The Parties will perform all acts, conditions and things required to be done, fulfilled, and performed in order: (i) to enable it lawfully to enter into, exercise its rights under and perform its obligations expressed to be assumed by it in this Agreement; (ii) to ensure that the obligations expressed to be assumed by it in this Agreement are legal, valid, and binding; and (iii) to make this Agreement admissible in evidence in the jurisdiction in which it is incorporated, have been done, fulfilled, and performed.
5 ACCOUNT REGISTRATION
5.1 To start hiring Sellers and growing your freelance business, users are required to create their personal or business name Account on the Site. When creating your Account, you need to check the ‘Seller’ option or ‘Employer’ option when signing up. Once you have completed the sign-up process you will have access to your profile, from which you can manage Projects, send, and receive messages, post your Gigs, create custom offer, place Orders and more.
5.2 Any information provided in relation to creating an Account on the Site will be subject to our Privacy Policy. The mobile numbers and email addresses provided will be used for the purpose of verification and may be used by us for marketing and communication purposes. We reserve the right to request additional information from a Seller (such as a valid government ID copy) in order to verify your identity. The use of a VPN, proxy, VoIP number or any other means of concealing your true location will lead to delays, like ID check and possible cancellation of the associated Project. The mobile number that you provide may be subject to geographic location checks in order to verify the authenticity of the User.
5.3 Each user is responsible for maintaining the security of their Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You may not share your password with unaffiliated third parties. You agree to notify us immediately of any unauthorized use of Account, or any other breaches of security. You are fully responsible for all uses of your password, Account and username, or registration, whether by you or others. KennFlik is authorized to act on instructions received through your Account and is not liable for any loss or damage arising from your failure to comply with this Clause 5.
5.4 Whilst we are based in the United States, we welcome Sellers from all over the world. When creating your user Account, there will be a section that allows you to set your location. You are not restricted to other users within your location for the majority of Services, but in the instance, you do require someone within close proximity, this will show you which country the user is located.
5.5 To complete the verification process while creating an Account, user shall submit accurate email address, State ID, passport, driving license with clear photo and any other information that may be needed for identification purposes. Once a member of our team has verified your identity, you will be notified, and restrictions will be lifted from your Account, and you will be eligible to start posting Gigs, or Projects on your respective Account.
5.6 Your Account, including any information pertaining to it (e.g., contact information, Account history, etc.), is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account.
5.7 By creating an Account or using the Site, you consent to us contacting you about your interest in our Site and our services by email, mobile, or through any other contact information you have chosen to provide.
5.8 Users who wish to not to receive offers from us may notify us at any time via one of the contact methods listed in the Contact Us section on the Site.
6 GENERAL USE OF THE SITE
6.1 Sellers create Gigs on KennFlik to allow Buyers to purchase their services. Sellers may also offer Custom Offers to Buyers in addition to their Gigs. KennFlik accredits Sellers once an order is completed. Each Gig you sell and successfully complete, accredits your account with a revenue equal to 80% of the purchase amount. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account. For security concerns, KennFlik may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple KennFlik accounts to a single withdrawal provider.
6.2 To ensure the best chance of being hired, we advise you to spend some time making sure your Account contains all of the information a Buyer would need to know before choosing to hire you. This is your chance to showcase your work and skills. Your Account should include your experience to date, qualifications, and a portfolio of previous work, which can be added via the ‘Manage Portfolios’ section of your Seller Profile menu.
6.3 You can keep track of your Projects via a dedicated section of your user Account i.e., the ‘Manage Projects/My orders’ section, you will see a list of Projects in progress, as well as completed and cancelled Projects in this section. For completed Projects you can view Project history, which includes any correspondence you have had with the Buyer. Here you can communicate with Buyers and keep them up to date on the progress of their Project. Once finished, the Buyer will be required to mark the Project as complete and can leave a review which will appear on your Seller Account.
6.4 If you are receiving a lot of Projects or want to limit the number of Projects you can receive, you can implement a ‘Queue.’ This indicates to the Buyer how many clients are in the virtual Queue before they are, giving an indication of how long they may be waiting to work with you.
6.5 Buyers pay KennFlik in advance to create an order with a fee of 5.5% each order. Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Order. You may not offer direct payments to Sellers using payment systems outside of the KennFlik Site. KennFlik retains the right to use all publicly published delivered works for KennFlik marketing and promotional purposes.
6.6 Gigs on KennFlik may be offered at a base starting price of $5. Some Gigs are ordered at a base price of more than $5 as determined by the Seller. Sellers must fulfil their orders and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status. Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices, or selling their Gig in multiples.
6.7 Users may not offer or accept payments using any method other than placing an order through https://KennFlik.com. When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page or as otherwise agreed by the parties mutually.
6.8 KennFlik offers its users the logo generator, business name generator, favicon generator which allows certain Sellers to offer various Services for Buyers to adjust and customize as per their own specific needs, using special automated design tools.
6.9 Disputes should be handled using KennFlik’s dispute resolution tools (“Resolution Center” on the order page) or by contacting KennFlik Customer Support.
6.10 KennFlik reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service, or due to any illegal or inappropriate use of the Site or services, or after 3 months of inactivity in the users Account.
7 SERVICES
7.1 The Site showcases the Gigs and profile of each Seller to the Buyers. Buyers can go through the Gig Page of each seller and place and Order with their requirements or send a Custom Order. The Sellers can also create Custom Offer for each Buyer with the total fee for the Project and Buyer can either negotiate or accept the same accordingly.
7.2 It is up to the relevant Buyer and Seller whether they want to work together and on what terms. Once the Site has introduced the Buyer to the Seller or vice versa, the Seller has supplied to the Buyer and the Buyer has review the Custom Offer, the Parties, may at their sole discretion, decide whether to proceed or not and agree between themselves the terms and conditions of the Service Contract, whether verbally or in writing.
7.3 You acknowledge, agree, and understand that KennFlik is not a party to any Service Contract, that the formation of a Service Contract between the Users will not, under any circumstance, create an employment or other service relationship between KennFlik and any User or a partnership or joint venture between KennFlik and any User.
7.4 With respect to any Service Contract, Buyers and Sellers may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand KennFlik’s rights and obligations under these Terms of Service.
8 GIGS
8.1 Sellers are allowed to post a select number of active Gigs based on their Level status.
• [3] Gigs for Sellers without a Level status.
• [4] Gigs for Level 1 Sellers.
• [6] Gigs for Level 2 Sellers.
• [7] Gigs for Level 3 Sellers.
• [9] Gigs for Top Rated Sellers.
8.2 Gigs and/or users may be removed by KennFlik from the Site for violations of these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
• Illegal or Fraudulent services
• Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service
• Adult oriented services, Pornographic, Inappropriate/Obscene
• Intentional copies of Gigs
• Spam, nonsense, or violent or deceptive Gigs
• Gigs misleading to Buyers or others
• Reselling of regulated goods
• Exceedingly low-quality Gigs
• Promoting KennFlik and/or KennFlik Gigs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
8.3 Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
8.4 Gigs that are removed for violations are not eligible to be restored or edited.
8.5 Gigs are required to have an appropriate Gig image related to the service offered. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that do not match the quality shown on the Gig images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
8.6 Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
9 LEVELS
KennFlik seek to empower top performing Sellers with helpful tools to leverage their skills and grow their business. If the Sellers deliver on time and maintain high quality and ratings, KennFlik may reward them with new level status, special opportunities, benefits, and tools that come with it.
• KennFlik Sellers can gain account Levels based on their activity, performance, and reputation. Advancement in Levels are updated periodically by an automated system.
• The current Levels a Seller can achieve are, Level 1, 2, 3, and Top Rated.
• Sellers who cannot maintain their high-quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to degrade to a lower Level.
• Advanced levels provide their owners with additional benefits, including offering Gigs for higher prices through Gig extras, or selling their Gig in multiples.
10 LICENSE GRANT
KennFlik, subject to these Terms of Service, provides the user a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Site (and other items displayed on the Site for download) only for purposes of using the Site in accordance with these Terms of Service. The usage, reproduction, modification, distribution, or storage of any content available on the Site is expressly prohibited, without the prior permission from us, for purposes other than using the Site consistent with these Terms of Service.
11 RIGHTS AND DUTIES OF A SELLER
11.1 Eligibility
The Seller hereby declares to have sufficient level of knowledge and experience for providing the Services as a pre-requisite and that all information disclosed to us is legitimate and true. The Seller shall furnish all documents and licenses that may be required under the applicable law for the performance of Services. The Seller shall maintain at all times and adhere to all applicable laws and rules in the territory from which the Seller operates during the period of this Agreement.
11.2 Refusal of Service
The Seller has a right to refuse Service to a Buyer without adversely affecting their own rating on the Site provided such refusal of Service happens before confirmation of the Project by the Buyer.
11.3 Authorization
The Seller hereby authorizes us to make use of their name, likeliness, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services and the content. The Seller waives any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law. The Seller hereby authorizes us to save and store all or any part of the content posted by the Seller for quality control and for delivering, marketing, promoting, and demonstration purposes.
11.4 Relationship with Buyers
11.4.1 The Seller shall be courteous towards Buyers and refrain from using abusive language or anything that may negatively impact the sentiments of the Buyers on matters, including but not limited to religion, culture, sex, age, and beliefs.
11.4.2 The Seller shall not contact the Buyers for services other than those offered through the Site.
11.4.3 The Seller shall not obtain any extraneous personal information from the Buyers (unless approved by the us in writing solely for the provision of Services) nor share such details with any person or entity.
11.5 Quality Service
The Seller shall ensure that the quality of the Services they offer is at least on par with the standards of the respective industry.
11.6 External Links on the Site
The Seller shall not post any links on the Site, which may redirect the Users to other websites and Sites.
11.7 Prohibited Activities
11.7.1 The Seller shall not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information on the Site.
11.7.2 The Seller shall not post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Site or to any User and/or Buyer.
11.7.3 The Seller shall not use the Site for business other than providing Services to Buyers.
11.7.4 The Seller shall not impersonate another person or gain unauthorized access to another User’s Account.
11.7.5 The Seller shall not interfere with or otherwise prevent other Sellers from providing their Services on the Site.
11.7.6 The Seller shall not abuse our resources, including our support services.
12 RIGHTS AND DUTIES OF A BUYER
12.1 Eligibility
The Buyer hereby declares to have completed the minimum age required to enter into a contract according to applicable law and warrants to be the authorized representative if engaging on behalf of a corporation, organization, company, etc. The Buyer shall furnish all documents that may be required under the applicable law for verification purposes. The Buyer shall maintain at all times and adhere to all applicable laws and rules in the territory from which the Buyer operates during the period of this Agreement.
12.2 Authorization
12.2.1 The Buyer hereby authorizes us to make use of their name, likeliness, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services and the content. The Buyer waives any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
12.2.2 The Buyer hereby authorizes us to save and store all or any part of the content posted by the Buyer for quality control and for delivering, marketing, promoting, and demonstration purposes. 
12.3 Relationship with Sellers
12.3.1 The Buyer shall be courteous towards Sellers and refrain from using abusive language or anything that may negatively impact the sentiments of the Buyers on matters, including but not limited to religion, culture, sex, age, and beliefs.
12.3.2 The Buyer shall not contact the Seller for services other than those offered through our Sites.
12.4 Prohibited Activities
12.4.1 The Buyer shall not impersonate another person or entity or gain unauthorized access to another User’s Account.
12.4.2 The Buyer shall not interfere with or otherwise prevent other Buyers from accessing Services on the Sites.
12.4.3 The Buyer shall not abuse our resources, including our support services. 
13 RATING SYSTEM
13.1 We believe in encouraging and helping our Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. If Sellers who deliver on time and maintain high quality services, then we may reward them with new statuses, special opportunities, and tools to grow their business.
13.2 Our rating system assesses Sellers based on Buyer Feedback received upon the completion of each Project. Based upon such Feedback, the ratings are periodically updated on the respective Account of the Seller. Ratings may drop, including but not limited to, when a Seller cannot maintain their high-quality service, stop delivering on time or receives negative feedback from the Buyer.
13.3 The current rating system allows a Seller to score between one (1) to five (5), with five (5) being the highest rating indicating impressive performance by a Seller and one (1) being the lowest rating indicating a deficient performance by a Seller.
14 PAYMENT TERMS
14.1 Fees
14.1.1 You can charge from $5 and upwards for any given Service which will be displayed on the Site (“Total Fee”).
14.1.2 Twenty percent (20%) of the Total Fee will be deducted by KennFlik (“Commission”) before funds are released to you. Total Fee after deducting Commission will be the “Seller Fee.”
14.1.3 The Buyer may choose to make some modifications or changes to a Project which may be charged additionally and on separate terms by the Seller (“Additional Fee”). In such cases, the Additional Fee will be disbursed between the Parties according to Clause 14.1.2.
14.2 Project Confirmation
14.2.1 When User books a Service, through the Site, such booking is required to be accepted by us and the Seller, before it is confirmed. We will send user a Project confirmation notification when the booking has been accepted. You understand and acknowledge that the agreement for the supply and provision of any Service booked by the User shall come into existence only after we send the user the Project confirmation.
14.2.2 Total Fee for Project Confirmation will be collected via the Site at the time of Project confirmation. The Seller Fee (less our Commission) will be transferred to the Seller according to Clause 14.3.1.
14.3 Payment and Invoices
14.3.1 Payment is taken from the Buyer with 5.5% Commission (To Run the Platform) during the purchase process of Project confirmation. The Seller Fee will be released within fourteen (14) days of completion of the Project to ensure that the deliverable meets the full satisfaction of the Buyer.
14.3.2 If you wish to withdraw money from your Account, head to your Account and you will see your available balance. Beneath your balance amount is a button labelled “Withdraw Now” – click on this then choose a payment gateway and the amount you would like to withdraw. Check these details are correct before clicking “Withdraw Money.” Your funds will then be sent to your account. There is no limit on the maximum withdrawals made by the user every month.
14.3.3 You will find a section for invoices in your Seller profile, click on this to view all invoices, for past and ongoing projects. Once an order is placed, an invoice will automatically be created.
14.4 Payment Processing
The Seller hereby appoints KennFlik as the Seller’s limited agent solely for the purposes of coordinating the collection by third-party payment processors of payments made by Buyers on behalf of the Seller. The Sellers agrees that payment made by a Buyer to third-party payment processor in favor of KennFlik for the purpose of availing Seller Services, shall be construed to be a payment made directly to the Seller and the Seller shall make the Services available to the Buyer in the agreed upon manner as if the Seller has received the Seller Fee.
14.5 b
Upon payment of amounts to third-party payment processors which are due to the Seller by the Buyer, the Buyer fulfils Buyer payment obligations for such amounts, and the payment processor is responsible for remitting such amounts to KennFlik. Upon receipt of such amounts by us, we then transfer it to the Seller, after making our Commission deductions, according to Clause 14.1.2. If any such amounts are not remitted to the Seller, such Seller shall have recourse only against us.
14.6 If Sellers wish to give discount for their Services, Commission will be adjusted accordingly with the coupon or discount used for the Services.
14.7 Unless otherwise stated, all fees are quoted in U.S. Dollars ($).
15 PROMOTION AND REFERRALS
15.1 The Sellers can self-promote themselves and their Gigs by sharing their Gig Page to their respective social media Sites like Facebook, Twitter, LinkedIn, etc. The Sellers can also select a package from the Site for promotion of their profile like Featured, Sponsored, etc.
15.2 KennFlik also provides the users a chance to earn some extra money by referring the KennFlik Sites to any third-party who has not registered before. A user earns a credit worth $3 after every successful registration along with side purchase or sale of Kennflik service. The credit so earned can be used by the users to purchase services on Kennflik’s Sites or reduce withdrawal fees.
16 COMPLAINTS
16.1 We take complaints made via our Site very seriously. Any complaint raised against a user will be duly noted and measures will be taken to understand the basis of the issue. If you are found to be in conflict with these Terms of Service leading to the complaint, strict action will be taken against you which may result in, among other things, the suspension or termination of your Account. We may at our own discretion also decide to drop your rating on the Site.
16.2 You can raise a complaint in the event that payment has not been released after Project completion, a Buyer cancels the Project, etc. To do this, go to your Seller Profile and click on the ‘Disputes’ button, then ‘Create Dispute’. You then choose the Project the dispute is in relation to and select one of the reasons from the drop-down menu. If none of the options are appropriate, we recommend you get in contact a member of our customer support team.
17 OWNERSHIP
17.1 When purchasing a Seller Service on the Site, unless clearly stated otherwise on the Seller’s Profile, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Total Fee, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as artwork, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to this Agreement, assigns all right, title and interest in and to the delivered work to the Buyer.
17.2 Furthermore, both Buyers and Sellers agree that unless they explicitly indicate otherwise, the content that Users voluntarily create/upload on the Site, may be used by KennFlik, for no consideration, for marketing and/or other purposes.
18 INTELLECTUAL PROPERTY RIGHTS
18.1 It is understood and agreed by the Seller that KennFlik shall retain at all times all rights, title, and interests in the Sites, technology, and intellectual property including, without limitation, trademarks, copyrights, trade secrets, domain, patents and other intellectual property rights with respect to any technology, software, system, ideas, trade secrets, market strategy, Seller’s information and records, photographs, advertisements, written/printed material, music, lyrics, or any other work or thing owned, provided, or created by KennFlik for use by the Sites pursuant to this Agreement. The retention of such rights, title, and interest, by KennFlik, in the Site, technology, and intellectual property shall survive the termination of this Agreement.
18.2 All intellectual property of the Seller with respect to the content posted on the Site and any information of the User(s) that is made available to the Seller to fulfil their Seller Services, will remain our intellectual property, unless otherwise agreed by the Parties in writing.
19 CONFIDENTIALITY
19.1 Each Party may be given access to the other Party’s confidential information concerning the business, affairs, customers, clients, or suppliers of the other Party or of any member of the group to which the other Party belongs in order to perform its obligations under this Agreement.
19.2 Confidential information shall not be deemed to include information that:
19.2.1 is or becomes publicly known other than through any act or omission of the receiving Party.
19.2.2 was in the other Party’s lawful possession before the disclosure.
19.2.3 is lawfully disclosed to the receiving Party by a third party without restriction on disclosure.
19.2.4 is independently developed by the receiving Party, which independent development can be shown by written evidence; or
19.2.5 is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory authority.
19.3 Each Party shall hold the other Party’s confidential information in confidence as they would their own and, unless required by law, not make the other Party’s confidential information available to any third party or use the other Party’s confidential information for any purpose other than the performance of its obligations under this Agreement.
19.4 Each Party must take all reasonable steps to ensure that the other Party’s confidential information to which it has access is not disclosed or distributed by its employees or agents in violation of these Terms of Service.
19.5 Neither Party shall be responsible for any loss, destruction, alteration, or disclosure of confidential information caused by any third party.
20 DATA PROTECTION
In the context of your use of the Site and/or Site Services, KennFlik will collect and process your Personal Data. By using the Site and creating an Account, you acknowledge and accept the processing of your Personal Data by KennFlik in accordance with applicable data protection laws, regulations, and the provisions of the https://kennflik.com/privacy-policy-2/.
21 DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIVERR NOR ANY PERSON ASSOCIATED WITH FIVERR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22 LIMITATION OF LIABILITY
22.1 The restrictions on liability in this clause apply to every liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
22.2 Neither Party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
22.3 Nothing in these Terms of Service shall limit any liability:
22.3.1 which cannot be legally limited, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation; or
22.3.2 your Commission payment obligations under this Agreement.
22.4 Subject to otherwise mentioned in this Agreement, the total liability of a Party to the other Party in contract, tort or otherwise, for any loss or damage suffered by the innocent Party arising from or in connection with this Agreement, however the loss or damage is caused (including our negligence but not fraud or other deliberate breach of duty) shall not exceed the Commission paid or due and payable to us under the Agreement within the period of twelve (12) months prior to the first event giving rise to the claim or in the first twelve (12) months of the Agreement if the event giving rise to the claim occurs in the first 12 months of the Agreement.
22.5 Subject to otherwise mentioned in this Agreement, this clause specifies the types of losses that are excluded:
22.5.1 loss of profits (other than the Commission due under the relevant Agreement).
22.5.2 loss of sales or business.
22.5.3 loss of agreements or contracts.
22.5.4 loss of anticipated savings.
22.5.5 loss of use or corruption of software, data, or information.
22.5.6 loss of or damage to goodwill; and
22.5.7 indirect or consequential loss.
22.6 To the maximum extent permitted by applicable law and subject to otherwise mentioned in this Agreement, we exclude all representations and warranties relating to the subject matter of these Terms of Service.
23 INDEMNITY
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these Terms of Service; and any claim brought against us for infringement of a third party’s rights (including any intellectual property rights arising out of or in connection with our receipt of use of your materials by your grant of license to it).
24 CANCELLATION, REVISIONS AND REFUND
24.1 The Seller shall not cancel any Project after it has been confirmed and payment has been made by the Buyer. Notwithstanding the forgoing, the Seller may cancel a Project by writing an email to Kennflik customer-care for cancellation.
24.2 In the event where the Seller falls ill or injured before delivering the Seller Services, they may either a) cancel a Confirmed Project and make a full refund to the Buyer via the Site within seven (7) days of cancellation; or b) outsource the Project to another Seller or third-party.
24.3 Upon a request made by the Buyer to revise the deliverables (“Revised Order”) sent by the Seller, the Seller can quote a new fee or make the revisions free of cost. The Revised Order shall be submitted by the Seller after discussions with the Buyer.
24.4 The Buyers may request a refund of their Order if the Service rendered does not meet the requirements of the Buyer. The refund shall be processed within one week of raising the refund request.
25 TERMINATION
25.1 We reserve the right to suspend or terminate your Account at any time, including if any content or information provided during the registration process or thereafter proves to be inaccurate, false, or misleading or to reclaim any username that you create through the Site that violates this Agreement.
25.2 You can delete your Account at any time by contacting us or simply go to, the “My Account” Settings section and select “Delete Account.” Notwithstanding the foregoing, if you have a Confirmed Project of one or more Buyer, the Site will not allow you to delete your Account unless the Confirmed Project(s) is cancelled or completed, there being no Buyers linked to any future Confirmed Project(s). You agree that you will remain liable for all obligations related to your Account even after your Account is closed or restricted.
26 GOVERNING LAW
The terms contained in this Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of the State of New Jersey and will be under the exclusive jurisdiction of the courts of New Jersey, United States.
27 DISPUTE RESOLUTION
27.1 All disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties within thirty (30) days of being brought to their attention (“Consultation Period”), will then be settled by arbitration governed by the provisions of appropriate arbitration laws. If the Parties are not able to agree on a sole arbitrator, a panel of three (3) arbitrators shall be appointed wherein each Party shall appoint one (1) arbitrator, and the two (2) arbitrators together shall appoint the presiding arbitrator.
27.2 The venue/seat of arbitration shall be New Jersey and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect. The decision of the arbitrator(s) will be final and binding on all the Parties.
28 GENERAL TERMS
28.1 NOTICES TO SELLERS: Reports, statements, notices, and any other communications may be transmitted by KennFlik to authorized Users via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a User when electrotonically sent by KennFlik to the User to the email address specified in the User’s Account. Any change in the email address shall immediately be updated by the User, failing which, any notice sent to the User on the pre-existing email address shall be deemed to be a notice duly served to the User.
28.2 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.
28.3 RELATIONSHIP BETWEEN PARTIES: Parties shall be considered independent of each other and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations, or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.
28.4 FORCE MAJEURE: KennFlik shall not be liable for any failure or delay in performance of this Agreement, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labor activity, or strike, court order or any other cause outside our exclusive and direct control.
28.5 ELECTRONIC SIGNATURES/ COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. For purposes of this Agreement, the use of a facsimile, email, or other electronic media shall have the same force and effect as an original signature.
28.6 ENTIRE AGREEMENT: This Agreement along with other documents as and when updated on the Site, shall constitute the entire agreement between the Parties relating to the subject matter contained in this Agreement and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties whether oral, written or otherwise.
28.7 SEVERABILITY: Any provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
28.8 SURVIVABILITY: All clauses that logically ought to survive the termination of this Agreement shall survive.
28.9 HEADINGS: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
28.10 AFFIRMATION OF PARTIES: The users affirm that they have entered into this Agreement freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Agreement and have read and understood the terms and conditions contained in this Agreement.
28.11 GENDER AND PLURALS: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.
28.12 FEEDBACK: You may at your sole discretion choose to submit comments, inputs, suggestions, ideas, or other feedback about the Site, including but not limited to, regarding the possible creation, modification, correction, improvement, or enhancement of the Site (“Feedback”). By submitting any Feedback, you acknowledge and accept that we are free to use such Feedback in any way we choose without any compensation or notice to you, and you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license to incorporate and use the Feedback for any purpose.
28.13 CONTACT US: Contact a member of our customer support team via the ‘Help & Support’ section of your dashboard, where you will also find answers to some commonly asked questions.

KennFlik Promo Code Terms /Policy

Our goal is to make your Promo Code experience as easy and enjoyable as possible. Our Promo Code Policy is designed to provide you with much of the information you need. Please take a minute to read the following:

This Promo Code Policy applies to your use of Promo Codes. By using or accepting a Promo Code, you agree with the terms of this Promo Code Policy (and thus you agree to all the Terms and Policies). You may see references to Promo Codes in other Terms and Policies, and those references shall apply to your acceptance and use of Promo Codes as well. If you do not agree with the Terms and Policies, do not use or accept the Promo Code.

1. Other Terms Imposed through Third Party Distributors or by KennFlik. Promo Codes are often distributed by KennFlik itself third parties who have promotional relationships with KennFlik, or KennFlik may contract to distribute Promo Codes for those third parties. Additional terms and conditions may apply to those Promo Codes. Please look for those terms and conditions in the terms made available by those third parties or made available by KennFlik. Note that if a third party publishes any terms that restrict the use or transfer of a Promo Code in a manner that is less restrictive, or that allow greater use or transfer of a Promo Code, than this Promo Code Policy or any other terms published by KennFlik, then those less restrictive (or more permissive) terms published by the third party will not apply.
2. Promo codes are used on KennFlik for promotional purpose only.
3. Promo codes are available from level two onwards. Deductions are applicable for each promo code used in each transaction.
4. the deduction will be taken against the seller’s earnings.

5. Not for resale. Promo Codes cannot be resold and are valid only if obtained from KennFlik or an authorized third-party distributor. Promo Codes may not be valid and may not be honored, if obtained from unauthorized sellers or resellers, including, but not limited to, through Internet auction sites.
6. Promo Codes for Specific Freelancers/Service providers Only. Unless otherwise stated by KennFlik at the time of issuance, a Promo Code is only issued for a single KennFlik business/individual or Service provider and cannot be used for other KennFlik businesses or Services. For example, a Promo Code issued for techservice.com cannot be used on KennFlik.com, and a Promo Code issued for Vudu cannot be used for KennFlik.com freelance service.
7. Promo Codes May Not be Combined with other Offers. Promo Codes often cannot be combined with other offers or other Promo Codes.
8. Expiration/Deactivation. Promo Codes expire and will no longer be usable after date set forth on the other terms and conditions associated with the Promo Code. We reserve the right to deactivate a Promo Code at any time and render it unusable. Instances where we may deactivate a Promo Code may include, but are not limited to, incidences where we believe that there has been fraudulent activity related to a Promo Code.
9. Redemption; No Cash Value. Promo Codes can only be redeemed by the business/service provider/freelancer for which the Promo Code was issued. Promo Codes are not redeemable at other freelance marketplaces. Promo Codes cannot be used to purchase gift cards. Promo Codes are not debit or credit cards. Promo Codes have no cash value, are not refundable and cannot be redeemed for cash.
10. Not Reloadable. Promo Codes may not be reloaded with value.
11. No Refunds or Exchanges. No refunds or exchanges are permitted with respect to Promo Codes.