Effective Date: September 21, 2025
1. Introduction & Acceptance of Terms Welcome to the Digital Moran Agency. These Terms of Service (“Terms”) govern your access to and use of our website, platform, and services (collectively, the “Platform”). By creating an account or using the Platform, you agree to be bound by these Terms.
2. Definitions
“Platform”: The Digital Moran Agency website and services, operated by the Digital Moran CBO.
“Client”: A user who registers to purchase services on the Platform.
“Moran”: An independent contractor who offers professional creative and digital services through the Platform. Morans are not employees of Digital Moran and are solely responsible for their own taxes and statutory contributions.
“Project”: A specific service agreement between a Client and a Moran.
“Escrow”: A neutral holding account for funds related to a Project.
3. User Accounts & Responsibilities
Eligibility: You must be at least 18 years old to create an account and use our Platform.
User Conduct: You agree to use the Platform professionally and in good faith. Any attempt to share personal contact information (email, phone number, etc.) or to solicit or make payments off-platform is a direct violation of these Terms and will result in immediate and permanent account suspension without notice.
3.1. Joining the Agency: The Certification Path Access to the Digital Moran Agency as a Moran is exclusive and by invitation only after completing our formal vetting process. The required steps are:
Complete the Training: Mentees must complete the required courses from our designated premium curriculum.
Submit a Professional Portfolio: Mentees must submit a portfolio of practical work for review.
Pass a Professionalism Review: A final check to ensure the Moran meets our standards for communication and business ethics. If an applicant does not meet the standard, they will be given specific feedback and may re-apply after a thirty (30) day period.
4. Service Agreements Between Users When a Client and a Moran agree on a Project, they are entering into a direct service contract with each other. Digital Moran provides the platform to facilitate this contract but is not a party to it. The “Custom Offer” feature is the final and binding scope of the Project and can be used to structure various Project types, including:
(a) Fixed-Price Projects: A single payment for a defined scope of work.
(b) Milestone Projects: Large projects broken into multiple phases (milestones). Each milestone must be funded in Escrow and will be approved and paid out individually before the next milestone begins.
(c) Recurring Retainers: Ongoing work set up with automatic, recurring funding and payments.
5. Financial Terms
Escrow Service: Digital Moran acts as the escrow agent for all Projects. Clients must deposit the full project, milestone, or retainer amount into Escrow via our secure payment processor, Paystack, before work begins.
Service Fees: Upon successful completion of a Project or milestone, Digital Moran will release 70% of the escrowed funds to the Moran and retain a 30% service fee.
No Interest: You agree that you will not receive interest or other earnings on funds held in Escrow.
Withdrawal of Funds: Morans may request a withdrawal of funds from their wallet once their available balance reaches a minimum of KES 2,000. Withdrawal requests are processed within 48 business hours (Monday-Friday, 8 AM – 5 PM EAT, excluding public holidays).
6. Project Lifecycle, Disputes, and Refunds
Payment Release for Client Non-Response: If a Moran submits completed work and the Client does not respond or request revisions within fourteen (14) calendar days, the project or milestone will be deemed approved, and funds will be automatically released to the Moran.
Refunds for Moran Non-Delivery: If a Moran fails to deliver the agreed-upon work, the Client is entitled to a full refund to their Digital Moran wallet.
Dispute Resolution Process: Disputes must follow our four-step process: 1) Direct Chat Resolution, 2) Digital Moran Mediation via video call, 3) Independent Professional Mediation at the users’ shared cost, and 4) Legal Recourse.
7. Intellectual Property Rights Upon full and final payment to the Moran, the Client is granted all intellectual property rights for the work delivered for that specific Project.
8. Governing Law These Terms of Service and any dispute arising from them shall be governed by the laws of the Republic of Kenya.
