Nafae's Payment Terms

Last update: October 2021

• Receiving Payments
• Purchasing
• Taxes
• Disputes and Cancellations
• Order Cancellations
• General Terms

The following terms (these “Payment Terms”) govern payments you make or receive through www.nafae.app or the Nafae mobile application (the “Site”), operated by AFNAM Information Technology. (7932 Prince Faisal Bin Bandar Bin Abdulaziz, Al Narjis Dist. 13328 - 2934, Riyadh, KSA).

AFNAM Information Technology and its subsidiaries are collectively referred hereto as “Nafae” “we” or “us”.

Please read these Payment Terms carefully before making or receiving payments through the Site. By making or receiving payments through the Site, 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 Payment Terms. These Terms are supplemental to Nafae’s General Term of Service, as applicable (collectively, the “Terms of Service”).

Key Terms

Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.

Nafae Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from canceled orders as a Buyer.

Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Nafae platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with Nafae Balances.

Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on Nafae, subject to these Terms.

Receiving Payments

General

• Each Gig you sell and successfully complete, accredits your account with revenue equal to 80% of the purchase amount that you assign in your offer (excluding any TAX/VAT or Nafae service charge if collected from the Buyer).
• Nafae accredits Sellers once an order is completed. See the "Orders” section in the Terms of Service for a definition of a completed order.
• If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s Nafae Balance.
• Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Gig page is inclusive of all such taxes and charges that may apply to the Sellers.
• Appointment as Limited Payment Collection Agent: Seller hereby appoints Nafae as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to Nafae shall be considered the same as made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Nafae (or its Payment Services Provider, as applicable), and Nafae (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that Nafae (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Nafae and not the Buyer directly. Seller agrees that Nafae may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Nafae may deem necessary or prudent.
• Nafae partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Nafae Balances. All payments services in connection with the withdrawal of funds on the Nafae platform are performed by Nafae’s Payment Services Providers.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of Nafae's Payment Service Providers for the withdrawal methods listed below. All funds eligible for Withdrawal will be held on your behalf at an account with Nafae’s Payment Services Provider. All payment services, including withdrawal services, will be provided by Nafae’s Payment Services Provider.
• Your Nafae profile can be associated with only one account from each Nafae withdrawal method. A Payment Service Provider withdrawal account can be associated with only one Nafae profile.
• Revenues are only made available for withdrawal from the Dashboard/Wallet page following a safety clearance period of 3 working days after the order is marked as complete.
• Sellers may withdraw their revenues using one of Nafae’s withdrawal options (see Withdrawal Section below regarding payment terms). To withdraw your available revenue, you must click on the designated withdrawal provider (if available) or click on the withdraw request to initiate the withdrawal process.
• For security concerns, Nafae 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 Nafae accounts to a single withdrawal provider.
• Withdrawals can only be made in the amount available to you. Nafae may reserve an amount in the wallet of all or some Sellers for future claims by Buyers or probable cancellations by Sellers for other Gigs. This reserved amount cannot be withdrawn by the Seller until the Seller stops his account as a Seller.
• Withdrawal fees vary depending on the withdrawal method.
• Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
• In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Nafae’s Payment Services Providers. Your Nafae Balance is always derived from its original value and, therefore, the local currency amount of your Nafae Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees.
• Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 30 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Nafae's approval.

Withdrawal Methods

• Bank Transfer - The transfer fee to be applied per transfer. Additional fees may apply based on your location and currency.

Purchasing

General

• Buyers pay Nafae to create an order from a Seller’s Gig page or Custom Offer. Nafae partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Nafae Balances. All payments services in connection with the collection of funds on the Nafae platform are performed by Nafae’s Payment Services Providers.
• Nafae serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Nafae (or its Payment Services Provider, as applicable), and Nafae (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that Nafae (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Nafae and not the Buyer directly.
• In most locations, purchases on Nafae can be made by using one of the following payment methods: Credit Card or existing Nafae Balance (wallet). Additional payment methods may apply in certain locations.
• Service fees are added at the time of purchase where you can review and accept the total amount requested to pay and/or the time of completing the Gig.
• Your existing Nafae Balance will be automatically applied to your next purchase.
• You may not offer Sellers to pay, or make payment using any method other than through the nafae.app site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
• You agree to receive invoices and/or payment receipts from Nafae in electronic form, by email or through the Site.
• To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by either Nafae or Nafae’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments. Nafae is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.
• By using any payment method and/or providing payment details for making purchases on Nafae, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Nafae; and (d) such actions do not violate any applicable law.

Local Currencies

• You can pay on Nafae in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by Nafae’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in the original currency even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
• Note that all prices on Nafae are derived always from their original currency price and, therefore, other currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees.
• If you paid for an Order in a currency other than the original one and your Order was later canceled for any reason, the amount returned to your Nafae Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same original value.
• Your Nafae Balance is always valued in the original currency, even if it is displayed in other currency. Therefore, should you choose to view your Nafae Balance in any currency other than the original one, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same original value.

Nafae Credits

In certain instances, Nafae may offer you credits (“Nafae Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Gigs and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Nafae Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, Nafae Credits expire following three months from their receipt. Nafae Credits serve only as an incentive to use Nafae, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, Nafae Credits may not be returned to your account even if your Order gets canceled. Nafae Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Nafae reserves the right to modify or cancel the Nafae Credits program at any time. If you or Nafae deactivate or suspend your Nafae account, any unused Nafae Credits in your account will be forfeited.

Promo Codes

From time to time we may offer you promo codes for purchasing Gigs and/or other services offered on the Site, on special discounts. Promo Codes are valid only for purchases on Nafae and are subject to different time limitations and will expire after their predefined term. To exercise your promo code, simply enter the code on the checkout page. If you fail to do so, your purchase will not be eligible for the discount. Promo codes are limited to one use per user and may not be used or combined with any other promotion. For orders that are composed of one or more milestones, the promo code will apply to the first milestone only. Promo Codes do not apply to Nafae Credits. Promo codes may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the promo codes. Promo codes may be voided in the event of fraud, misuse, or violation of the Terms of Service. Nafae reserves the right to modify or cancel promo codes at any time.

Taxes

• Nafae may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount Nafae will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount Nafae will be required to withhold will be deducted from the Seller’s revenue, as required by applicable laws.
• Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment.
• Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Built-in Chat or if you encounter non-permitted usage on the Site, users can contact Nafae's Customer Support department for assistance.

Basics

• Order cancellations can be performed on Nafae, when eligible. A cancellation fee may be applicable on the Buyer or Seller who cancel the Order after the agreement is done between the Buyer and Seller. While there is no fee for the cancellation before making the agreement.
• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
• In the event that you encounter an issue related to the service provided in an order, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.
• Nafae, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
• All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is canceled for any reason.
• If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s Nafae Balance and the cancellation fee will be applicable when eligible.

Order Cancellations

• Nafae encourages Buyers and Sellers to resolve service disputes mutually using the Built-in Chat.
• Eligibility for requests to Nafae to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Nafae delivery system. See below for Order specific eligibility.
• Orders cannot be partially canceled. Cancellation is applied to the entire order when it is justified.
• In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the canceled order will be returned to the Buyer’s Nafae Balance and will be deducted from the Seller’s Nafae Balance or, if there are no sufficient amounts in the Seller’s Nafae Balance, from future revenues of such Seller.
• Orders are not eligible to be canceled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Gig Page. You may rate your experience with the Seller on the Order Page, including the overall level of service quality received.
• You must use Nafae Built-in Chat to address your concerns and desired resolution related to the service provided by the Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the applicable has failed to inform the Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Nafae.
• Any non-permitted usage of Nafae encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Nafae’s Terms of Service.

Chargebacks

Nafae reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Nafae (or one of Nafae’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.

Refunds

• Nafae does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer's Nafae Balance and are available for future purchases on Nafae. In any event, if the service fees were not returned to your Nafae Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Nafae.
• Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

General Terms

Modifications

• Nafae may make changes to these Payment Terms from time to time. When these changes are made, Nafae will make a new copy of the terms available on this page.
• You understand and agree that if you use Nafae after the date on which the Payment Terms have changed, Nafae will treat your use as acceptance of the updated Payment Terms.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Nafae NOR ANY PERSON ASSOCIATED WITH Nafae 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.

Limitation on Liability

IN NO EVENT WILL NAFAE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Nafae, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.