Terms of Service

1. Acceptance of Terms

Welcome to Orden Consulting. By accessing or using our platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services. We reserve the right to modify these Terms at any time, and your continued use of the platform constitutes acceptance of any changes.

2. Description of Service

Orden Consulting provides professional tools for content creators and data-driven consulting services for brands and organizations. Our services include rate card hosting, portfolio management, performance analytics, campaign reporting, and subscription-based premium features. We provide tools and consulting services but are not party to any agreements between our users and their clients.

3. User Accounts

3.1 Account Registration

To use certain features of our platform, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

3.2 Account Types

Our platform offers different account types:

• Creator Accounts: For influencers and content creators to showcase their work and receive collaboration requests
• Brand Accounts: For businesses and organizations to discover creators and request rate cards
• Admin Accounts: For platform administrators with elevated privileges

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason we deem appropriate. You may also delete your account at any time through your account settings.

4. Subscription Plans and Payments

4.1 Subscription Tiers

We offer subscription plans with different features and pricing:

• Basic Plan: KES 2,500 per month - Access to essential platform features
• Pro Plan: KES 5,000 per month - Access to advanced features and analytics

4.2 Payment Terms

Subscription payments are processed through M-Pesa (Safaricom). By subscribing, you agree to:

• Pay the subscription fee for your selected plan
• Authorize automatic monthly renewals unless you cancel
• Provide accurate payment information (M-Pesa phone number)
• Pay all applicable taxes and transaction fees

4.3 Billing and Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You will receive a payment request via M-Pesa STK Push. Failure to complete payment may result in service interruption or account downgrade.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a subscription period.

4.5 Refund Policy

All subscription payments are non-refundable except as required by law or at our sole discretion. If you believe you were charged in error, contact us at [email protected] within 7 days of the charge.

5. User Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Post false, misleading, or fraudulent information
• Harass, abuse, or harm other users
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems
• Use automated tools (bots, scrapers) without permission
• Impersonate any person or entity
• Interfere with or disrupt the platform's operation

6. Content and Intellectual Property

6.1 User Content

You retain ownership of content you post on the platform (profiles, portfolios, messages). By posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content solely for the purpose of operating and improving our platform.

6.2 Platform Content

All platform content, including design, text, graphics, logos, and software, is owned by Orden Consulting and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

6.3 Content Moderation

We reserve the right to review, monitor, and remove any user content that violates these Terms or is otherwise objectionable, without prior notice.

7. Third-Party Services

Our platform may integrate with third-party services (M-Pesa, social media platforms). We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is subject to their respective terms and policies.

8. Disclaimers and Limitations of Liability

8.1 Service "As Is"

Our platform is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the platform will be uninterrupted, secure, or error-free.

8.2 No Guarantee of Results

We do not guarantee specific business outcomes, client acquisition, or revenue generation for our users. We are not responsible for the quality, legality, or outcome of any agreements between users and their clients.

8.3 Limitation of Liability

To the maximum extent permitted by law, Orden Consulting shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

9. Indemnification

You agree to indemnify and hold harmless Orden Consulting, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the platform, violation of these Terms, or infringement of any rights of another party.

10. Dispute Resolution

Any disputes arising from these Terms or your use of the platform shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of Kenya. The arbitrator's decision shall be final and binding.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on the platform and updating the "Last updated" date. Your continued use of the platform after changes constitutes acceptance of the modified Terms.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Contact Information

If you have any questions about these Terms of Service, please contact us: