Académique Documents
Professionnel Documents
Culture Documents
com
CLOUDFACTORY KENYA LTD.
1. CONTRACT OVERVIEW
This agreement (the “Agreement”) is to confirm the terms and conditions of your contract with
CloudFactory Kenya Ltd. You will be engaged as a Data Entry Specialist and your duties shall
be as described in Schedule A Description of Duties and your terms and conditions for services
shall be as set out in Schedule B – Terms and Conditions, as may be amended from time to time.
This is a piecerate contract position and you will only be paid for the micro tasks you successfully
complete. You are not an employee of CloudFactory Kenya Ltd and are not entitled to any pay other
than the piece rate micro tasks you complete on contract. Therefore, your relationship with
CloudFactory Kenya Ltd is one of an independent contractor or consultant.
Your engagement will begin from the date of this Agreement and upon receipt of your login details
and will continue until terminated by either party as set out in Schedule B.
2. CONDITIONS OF CONTRACT
a. You understand that this Agreement will continue to have full force and effect in the future
save that your duties, obligations may be amended by CloudFactory Kenya Ltd and
presented for your approval upon notice. Other than as aforesaid, the other terms and
conditions of this Agreement may only be amended by mutual agreement of the parties in
writing. .
Yours faithfully,
For and on behalf of CloudFactory Kenya Ltd
02 / 14 / 2017
On Behalf of: __________________ __________________
WorkForce Manager Signature Date
1
www.cloudfactory.com
By signing below you acknowledge that you understand and accept the terms and conditions as
contained herein.
I ____________________________________ accept this offer of contract under the terms and
conditions set out herein. I acknowledge and agree that I am entering into a binding contractual
agreement and that the above sets out the terms of my contract with CloudFactory Kenya Ltd.
_____________________ _____________________
Signature of the Worker Signature of Witness
Date:___________________ Date:__________________
Schedule A Description of Duties
As a Data Entry Specialist, you will be responsible to perform all the tasks given to you within the
time assigned by CloudFactory Kenya Ltd. You will submit work that is accurate and you will not
be paid for those tasks not done correctly. You will perform tasks in your personal capacity as an
independent contractor of CloudFactory Kenya Ltd.
The task types are categorized but not limited to: Digitization, Content Creation, Content
Moderation, Web Research, Audio Transcription, Categorization and Data Processing. You will be
asked do work in any of these task categories.
CloudFactory Kenya Ltd puts a very high priority on ethics. You will be expected to also hold these
high values in addition to high performance. No incomplete or careless work will be tolerated. You
will make sure that every task submitted is thoroughly verified and to the best of your ability.
In order to maintain accountability, you will be placed on a team. Each member is accountable to
the Team Leader who in turn is accountable to CloudFactory Kenya Ltd. You will attend all
meetings, trainings, and seminars assigned by the Team Leader and participate actively to the
benefit of all concerned.
As a worker you specifically acknowledge and agree to the following: (i) this Agreement does not
create an association, joint venture, partnership or franchise, or employer/employee relationship
between you and CloudFactory Kenya Ltd; (ii) You will not represent yourself as an employee or
agent of CloudFactory Kenya Ltd and shall not have the authority to act on the behalf of or to bind
CloudFactory Kenya Ltd in any manner; (iii) You will comply with all applicable laws, rules,
regulations and orders of any governmental authority, and all license and registration requirements,
2
www.cloudfactory.com
applicable to independent contractors, including applicable tax laws and maximum working hours
regulations; (iv) You will not be entitled to any of the benefits that CloudFactory Kenya Ltd may
make available to its employees, such as vacation pay, sick leave, insurance programs, including
group health insurance or retirement benefits.
If CloudFactory Kenya Ltd determines at its own discretion that you have engaged in fraudulent or
otherwise unacceptable activity on the site, it may at its option terminate your account, in which
case you will forfeit any money you have earned but not yet received. Fraud includes but is not
limited to:
i. Attempts to receive credit for work without having done any work;
ii. Awarding approval grades to clearly fraudulent, unacceptable or poor work.
Schedule B Terms and Conditions
Subject to clause 2(a) of this Agreement, CloudFactory Kenya Ltd reserves the right to amend these
Terms and Conditions.
1. Conditions of Contract
a. You will commit to holding all CloudFactory Kenya Ltd materials, including the materials
of its affiliates, that you have access to securely and confidentially and do all in your power
to protect the materials from people not approved for access to these materials. You will not
record, copy, save, share or discuss these materials at any time, in any manner, including by
means of the Internet. In the event of termination, the provisions of this clause shall remain
in full force and effect.
b. CloudFactory Kenya Ltd conducts background checks of its workers from time to time. By
agreeing to these Terms and Conditions, you give unconditional permission to CloudFactory
Kenya Ltd to conduct such background checks whenever necessary.
c. CloudFactory Kenya Ltd and its affiliates and/or subsidiaries reserve the right to access your
account content and completed work on an as needed basis in order to manage our contract
with our customers.
2. Work Accuracy
a. CloudFactory Kenya Ltd lays high priority on honesty, integrity and accurate work. You
agree to be solely responsible for the quality and accuracy of the content you are contracted
3
www.cloudfactory.com
to create. You will be liable for the consequences of the act of intentionally altering or
falsifying the data entry in any way that deviates from the file you receive, and for any loss
or damage suffered by CloudFactory Kenya Ltd. No responsibility may be attributed to
CloudFactory Kenya Ltd or any third party.
b. In order to provide quality check of the final work provided to CloudFactory Kenya Ltd, the
output you create may be accessed, viewed or edited by any authorized CloudFactory Kenya
Ltd representative. A consistent level of high quality work and/or improvements in the level
of your work may be rewarded financially or in merit form at the discretion of CloudFactory
Kenya Ltd. If we find your output to be of low quality or if your work is failing to progress,
CloudFactory Kenya Ltd reserves the right to require you to participate in further training or
to alter your access to CloudFactory Kenya Ltd jobs, including termination of this
Agreement, at any time at our discretion.
c. You agree that the contents of image files provided by CloudFactory Kenya Ltd for
transcription are not endorsed by CloudFactory Kenya Ltd. This includes, but is not limited
to, content which is libelous, threatening, harassing, abusive, obscene, offensive, an
infringement of any third party intellectual property rights, or related to a potential criminal
or civil offense.
d. The contents of all image files provided by CloudFactory Kenya Ltd for transcription are
subject to any applicable local, state, national or international laws and regulations. If you
become aware of any content that you feel may violate such laws or regulations, you are
responsible for reporting said content to the Support Team immediately.
e. CloudFactory Kenya Ltd does not warrant that image files provided to you will be free from
error or 100% readable. CloudFactory Kenya Ltd also acknowledges that your work may
contain unavoidable inaccuracies due to poor image quality. You promise to always retain
the right to reject a job if you do not know how to handle such image files but these shall be
verified by the CloudFactory Kenya Ltd Support Team and sent back to you if not accepted.
f. CloudFactory Kenya Ltd asks that you refer to and follow the Support Team at
CloudFactory Kenya Ltd to consistently format your work.
3. Location and Work Timings
a. You are free to work anytime day or night but must attend all team meetings and other
4
www.cloudfactory.com
meetings with your team leader. You may only register once with CloudFactory Kenya Ltd
as a worker and all tasks and microtasks performed by you must be completed using such
registration. However, if the tasks do not meet CloudFactory Kenya Ltd’ reasonable
satisfaction, CloudFactory Kenya Ltd may reject the task and repost the specific request. In
such event, you acknowledge and agree that CloudFactory Kenya Ltd will not have any
obligation to remit to you any compensation for such tasks.
b. Your normal location of work is within the periphery assigned by CloudFactory Kenya Ltd
or such other place, CloudFactory Kenya Ltd may reasonably determine.
4. Payment Mode
a. Payments of your services will be specified by CloudFactory Kenya Ltd and funds may
come directly from the company or its authorized representative via bank or mobile money
provider.
b. All payments are calculated on pay per task basis subject to the ongoing quality of work that
you have submitted. Tasks deemed unacceptable by our clients will not be compensated.
c. Taxation is mandatory as per the laws of Kenya. As an independent contractor, you will be
responsible for paying all applicable taxes to the relevant tax authorities.
d. All tasks you perform are subject to additional review by CloudFactory Kenya Ltd after
initial approval and payment, and may be rejected after payment if they are subsequently
found to be unacceptable. If previously paid tasks are later rejected, the amount previously
paid for said tasks will be debited from your CloudFactory Kenya Ltd account balance. If a
debit takes your CloudFactory Kenya Ltd account balance below zero, your future
CloudFactory Kenya Ltd earnings will be applied to your negative account balance until
your CloudFactory Kenya Ltd balance goes above zero. Your account balance must be
greater than zero in order to be paid for tasks.
5. Password Confidentiality & Account Security
a. As an independent contractor , you agree and understand that you are responsible for
maintaining the confidentiality of any usernames, passwords or PINs which may gain access
to your CloudFactory Kenya Ltd account. In the case of any unauthorized use of your
5
www.cloudfactory.com
account, username, password or PIN, you agree to immediately inform CloudFactory Kenya
Ltd Support Team of this activity. The Support Team is available from 8:30 AM to 5:30 PM,
MondayFriday.
b. For any loss incurred as a result of unauthorized use of your account, password or PIN,
whether known or unknown, CloudFactory Kenya Ltd will not be held liable. You are solely
responsible to CloudFactory Kenya Ltd for all activities that may occur under your personal
account.
6. Contact, Privacy & Personal Information
a. CloudFactory Kenya Ltd may be required by law, a governmental authority or judicial
authority to access and/or disclose your personal information and the details of your
CloudFactory Kenya Ltd work in the case of a search warrant, court order or other legal
process. In accepting these Terms and Conditions, you grant CloudFactory Kenya Ltd the
right to do so.
b. Tasks you process for CloudFactory Kenya Ltd may be stored and processed in a
CloudFactory Kenya Ltd facility or a facility of its agents elsewhere.
c. CloudFactory Kenya Ltd reserves the right to contact you at its own discretion regarding
tasks, services, changes to these Terms and Conditions, and other issues which may pertain
to this Agreement.
7. Proprietary Rights & Intellectual Property
The use of CloudFactory Kenya Ltd and/or any of its affiliates brand names, logos, domain
names, trademarks, servicemarks, copyrighted materials, patents or any other brand elements
unique to CloudFactory Kenya Ltd and/or any of its affiliates and its services is strictly
prohibited, unless you have entered into a written agreement with CloudFactory Kenya Ltd
detailing otherwise. If such an agreement CloudFactory Kenya Ltd, brand elements approved for
use must be handled in compliance with the guidelines specific to that agreement.
8. Termination of Agreement and Notice Period
a. Either party may terminate this Agreement by giving one week’s written notice to the other
party. If you fail to give proper notice of termination, CloudFactory Kenya Ltd will not pay
you the last payment for services rendered.
6
www.cloudfactory.com
b. CloudFactory Kenya Ltd may terminate this Agreement summarily without notice or
payment in lieu of notice in the event of gross misconduct or if you commit a serious breach
of your obligations as an independent contractor. CloudFactory Kenya Ltd will terminate
this Agreement immediately if you commit any of the following acts: dishonesty, breach of
confidentiality, or repeated nonperformance/poor performance of microtasks. You will not
receive any compensation other than what is lawfully owed to you up to the time of
termination.
c. If CloudFactory Kenya Ltd should fail to implement and/or enforce any portion of these
Terms and Conditions, it will not constitute a waiver of any rights or provisions laid out in
these Terms and Conditions, unless such a waiver is agreed to by CloudFactory Kenya Ltd
in writing.
9. Indemnification
a. You agree to indemnify and hold harmless CloudFactory Kenya Ltd and its officers,
directors, affiliates, subsidiaries, representatives, agents, contractors and workers from and
against any and all CloudFactory Kenya Ltd, damages, claims, demands, expenses, suits,
judgments, and losses due to your breach of these Terms and Conditions. The same applies
to any thirdparty claims or suits which may arise as the result of your use of CloudFactory
Kenya Ltd website. This provision shall remain in full force and effect even after
termination of this Agreement.
10. Changes to the Agreement & Services
a. CloudFactory Kenya Ltd reserves the right to change or alter these Terms and Conditions at
any time for any reason. It is your responsibility to check these Terms and Conditions
periodically to review any changes.
b. After publication, your decision to continue your work with CloudFactory Kenya Ltd is your
acceptance of any changes to these Terms and Conditions. If you do not accept the changes,
you must terminate this Agreement immediately.
11. Miscellaneous
7
www.cloudfactory.com
(a) Assignment, Successors and Assigns:
You agree that you will not, except with the prior written consent of CloudFactory Kenya
Ltd assign, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily,
any rights, duties or obligations under this Agreement . Any purported assignment, transfer,
or delegation, except as permitted herein, shall be null and void. Subject to the foregoing,
this Agreement shall be binding upon and shall inure to the benefit of the parties and their
respective successors and permitted assigns.
CloudFactory Kenya Ltd may assign, transfer, delegate or otherwise dispose of, whether
voluntarily or involuntarily, any rights, duties or obligations under this Agreement to any of
its affiliates.
(b) Severability and Enforcement:
If any provision of this Agreement, or the application thereof to any person, place, or
circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable,
or void, the remainder of this Agreement and such provisions as applied to other persons,
places, and circumstances shall remain in full force and effect.
(c) Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of Kenya.
(d) Entire Agreement:
The parties agree that this Agreement constitutes the whole and entire agreement between
the parties relating to the subject matter hereof and supersedes and extinguishes any prior
agreements, undertakings, representations, warranties and arrangements of any nature
whatsoever whether or not in writing relating to the subject matter hereof.