Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between you and BilaFundi Works ("BilaFundi", "we", "our"), a company headquartered in Nairobi, Kenya, operating a global construction and infrastructure outsourcing platform. By creating an account or otherwise using BilaFundi, you agree to these Terms. If you do not agree, do not use the platform.

2. Who Can Use BilaFundi

BilaFundi is available to users worldwide, subject to these Terms and any local law that applies to you. You must be at least 18 years old and legally capable of entering a binding contract in your jurisdiction. Business and government organisations must be validly registered entities, able to provide proof of registration on request.

3. Your Account

You are responsible for keeping your login credentials secure and for all activity on your account. Notify us immediately at info@bilafundi.com if you suspect unauthorised access. You may not share accounts or maintain multiple accounts for the same person or entity without our written permission.

4. Client Obligations

Clients requesting services, cost estimates, or posting requirements agree to:

• Provide accurate information about their project or requirements
• Engage with providers and organisations in good faith
• Pay for services and platform fees as agreed
• Not use listings, quotes, or provider contact details obtained through BilaFundi to solicit work off-platform in order to avoid platform fees

5. Provider Obligations

Providers agree to:

• Provide accurate information about qualifications, experience, and services
• Deliver services as described in their listings and proposals
• Respond to client messages within a reasonable time
• Maintain any professional licences, certifications, and insurance required in their jurisdiction
• Not solicit clients to transact outside the platform to avoid platform fees

6. Organisation (Tender-Poster) Obligations

Organisations posting tenders agree to:

• Post genuine procurement opportunities only
• Evaluate applications fairly and without unlawful discrimination
• Communicate award decisions to applicants
• Not use the platform for dummy tenders or market surveys without a genuine intent to award

7. Referral Program

BilaFundi may pay a referral reward or bounty to users who refer new clients or providers, as described on the Referral Rates page in your account. Referral rewards are only payable for genuine, qualifying activity as defined by our current referral rules at the time of the referral, and are subject to fraud review. We reserve the right to withhold or reverse a referral reward, and to suspend a referrer's account, where we reasonably believe a referral is fraudulent, self-referred, or otherwise made in bad faith. Referral terms may change prospectively; changes do not affect rewards already earned under the terms in effect at the time.

8. Prohibited Conduct

See our Acceptable Use Policy for the full list of prohibited conduct, including fraud, harassment, spam, and illegal activity.

9. Fees, Subscriptions, and Payments

BilaFundi may charge subscription or transaction fees, published on our Pricing page. Payments are processed by our payment gateway, Pesapal; by paying, you also agree to Pesapal's applicable terms for the payment method you use. We will give at least 30 days' notice before increasing fees on an active subscription. Except where required by law or stated otherwise at the time of purchase, fees are non-refundable once a service has been rendered or a subscription period has begun.

10. Intellectual Property

You retain ownership of content you upload. You grant BilaFundi a worldwide, non-exclusive, royalty-free licence to host, display, reproduce, and distribute that content as necessary to operate the platform. BilaFundi's brand, logo, and platform software remain our property, and no licence to them is granted to you.

11. Disclaimers

BilaFundi is a marketplace and procurement platform — we are not a party to, and do not guarantee the performance of, any contract formed between providers, clients, and organisations using the platform. We do not guarantee the accuracy of any listing, quote, tender, or user-submitted content, and AI-generated content (including Cost Estimator results) is provided for informational and planning purposes only, not as professional, engineering, or financial advice. The platform is provided "as is" and "as available," without warranties of any kind, to the maximum extent permitted by law.

12. Limitation of Liability

To the maximum extent permitted by law, BilaFundi is not liable for indirect, incidental, or consequential damages arising from your use of the platform, and our total liability for any claim arising from these Terms or your use of BilaFundi is limited to the fees you paid us in the 12 months preceding the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify and hold BilaFundi harmless from claims, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms, your content, or your use of the platform, to the extent permitted by law.

14. Termination

We may suspend or terminate accounts that violate these Terms or our Acceptable Use Policy. You may close your account at any time by contacting info@bilafundi.com. Provisions of these Terms that by their nature should survive termination (including Sections 10 to 13) will survive.

15. Governing Law and Disputes

These Terms are governed by the laws of Kenya, without regard to conflict-of-law principles, regardless of where you access the platform from. Before filing a claim, we ask that you first contact info@bilafundi.com so we can try to resolve the issue informally. Any dispute that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya, except where local consumer-protection law gives you the right to bring a claim in your own jurisdiction, in which case that right is preserved.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or a notice on the platform before they take effect. Continued use of BilaFundi after changes take effect constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be interpreted to best reflect its original intent within the limits of the law.

18. Contact

Questions about these Terms? Email info@bilafundi.com