PART 1
Collekt Technologies Ltd — Terms of Service & Escrow Charter
1. Parties, Definitions & Electronic Contract
These Terms constitute a legally binding contract between Collekt Technologies Ltd ("Collekt", "we", "us"), registered under CAMA 2020 in Nigeria, and You ("User", "Professional Specialist", or "Corporate Client").
- Platform: The software web portal and APIs hosted at collektng.com.
- Tender / RFP: Any engineering scope, technical consultation, or procurement engagement.
- Escrow Account: Protected custody infrastructure powered by CBN-licensed payment partners (Korapay Technologies, Paystack Payments Limited, and settlement commercial banks).
2. Eligibility & Corporate Representation
Users warrant they are at least 18 years old and hold legal capacity. Corporate entities warrant bona fide incorporation under CAMA 2020. Users warrant they are not listed on NFIU, EFCC, or international AML/CFT sanctions lists.
3. Marketplace Intermediary Safe Harbor & Non-Employment
Collekt operates strictly as a neutral technology venue and escrow platform. Specialists operate strictly as independent professionals. Contracts for deliverables exist solely between Company and hired Professional. Each party is responsible for their own tax obligations (WHT, VAT, PAYE, CIT with FIRS and State IRS).
4. Professional Licensure Warranties (COREN & NOGICD)
Pursuant to the Engineers (Registration, etc.) Act, specialists executing certified engineering designs warrant active registration with COREN. Petroleum tenders must adhere to the NOGICD Act 2010. Uploading falsified seals constitutes criminal fraud.
5. Identity Verification, CAC & Shield Badging
Users consent to verification of identity data (NIN, CAC RC Number, TIN) against regulatory databases (NIMC, CAC, FIRS, NIBSS). Shield verification denotes successful record reconciliation and does not constitute a financial guarantee.
6. Project Standards & 24-Month Non-Circumvention Rule
For any relationship initiated on Collekt, Users agree not to negotiate contracts, receive payments, or disintermediate the platform off-site for twenty-four (24) months from introduction without written consent.
7. Milestone Escrow Protection, NUBAN Payouts & 15% Fee
Milestone funds are deposited into protected escrow prior to commencement. Upon submission, Clients have 7 business days to inspect deliverables. A standard 15% platform service fee is deducted from completed milestone disbursements via automated NIBSS instant NUBAN bank transfers.
8. Kolly AI Generative Intelligence Safe Harbor
Kolly AI matching and copilot tools provide automated assistance and do not substitute for human structural calculations or formal legal advice. Private designs are never sold for external model training.
9. Health, Safety & Environment (HSE) Safe Harbor
Collekt exercises zero physical control over worksites, offshore facilities, or construction zones. Worksite safety and operational insurance remain the exclusive liability of companies and executing professionals.
10. Limitation of Liability
To the maximum extent permitted by Nigerian law, Collekt's total aggregate liability is strictly limited to the actual platform service commissions received for the specific disputed milestone transaction.
11. Intellectual Property & Deliverables
Upon full and final escrow release, ownership of custom CAD files and deliverables vests in the hiring Client. Collekt retains all proprietary rights over platform software and marks.
12. Prohibited Conduct & Cybercrimes Compliance
Pursuant to the Cybercrimes Act, fraudulent identity creation, platform scraping, unauthorized testing, and money laundering are strictly forbidden and subject to prosecution.
13. Dispute Resolution & Binding Arbitration in Lagos
Disputes follow a 3-tier procedure: (1) 14-day informal negotiation; (2) Collekt Escrow Mediation; (3) Final binding arbitration in Lagos State under the Arbitration and Mediation Act 2023.
14. Governing Law & Severability
Governed exclusively by the laws of the Federal Republic of Nigeria.
PART 2
Privacy Policy & NDPA 2023 Data Protection Charter
1. Data Controller & NDPC Framework
Collekt Technologies Ltd acts as Data Controller under supervision of the Nigeria Data Protection Commission (NDPC) pursuant to the NDPA 2023.
2. Lawful Bases of Processing
Processed strictly under: (a) Explicit Consent; (b) Contractual Performance (matching, messaging, escrow); (c) Statutory Compliance (CAMA 2020, AML/CFT, NDPA 2023).
3. Sensitive KYC & AES-256 Encryption
Identity records (NIN, CAC documents, Director IDs) are encrypted with AES-256 at rest and transmitted across TLS 1.3 encrypted tunnels.
4. Multi-Tenant RLS & Zero Data Brokerage
PostgreSQL infrastructure enforces Row Level Security (RLS). Collekt NEVER sells or trades personal data or designs to third-party data brokers.
5. Escrow Banking & NUBAN Transfers
Banking data is shared exclusively with CBN-licensed payment partners (Korapay, Paystack, settlement banks) solely for executing milestone payouts.
6. Statutory Data Rights (NDPA 2023 Section 34)
You hold statutory rights to access, rectify, object, export, or request account erasure subject to 7-year AML audit requirements.
7. Data Protection Officer Contact
Contact Compliance at: collektng@gmail.com.
