About the General Terms and Conditions
The content of the General Terms and Conditions of the DAIBAU Ltd. web portal relates to all forms of use of the content and services on the DAIBAU Ltd. portal and represents a legally valid and binding agreement between the DAIBAU portal and Users of the DAIBAU Ltd. portal.
The owner of the DAIBAU Ltd. internet portal reserves the right to change the General Terms and Conditions of the DAIBAU Ltd. portal without prior notice to Users.
Definitions
The portal with information on construction, DAIBAU Ltd., is the property of the company DAIBAU Ltd. (hereinafter “PORTAL”).
The owner responsible for the development and management of DAIBAU Ltd. is the company DAIBAU Ltd. (hereinafter “DAIBAU”).
The Portal is intended for individuals, businesses, or institutions that want to build or renovate and are searching for contractors and service providers or just require information on construction (hereinafter “USERS”).
Personal or technical data that Users submit via the online form in order to find contractors and service providers for their building or design project hereinafter is referred to as an “ENQUIRY”.
The Portal is intended for contractors and service providers. This encompasses construction companies, tradespeople, and companies offering architectural, planning, and engineering services (hereinafter “BIDDERS”).
The criteria used on the Portal when selecting those Bidders to forward an enquiry to relate to the size of the company, the number of employees, its location, its workload, its response capacity, and performance feedback (hereinafter “CRITERIA”).
According to the type of service, the Portal sends a notification by e-mail or directly via the contractor/service provider’s website to those Bidders that meet the criteria. These contractors and service providers are “SUITABLE BIDDERS”.
The webpages on the Portal are intended for those companies that advertise through us; the Terms and Conditions of these webpages are determined by individual cooperation agreements. Hereinafter these companies will be referred to as “ADVERTISERS”.
The webpage intended for the Bidder’s individual presentation within the Portal hereinafter is the “BIDDER’S PROFILE”.
Use and misuse
Any use of the Portal or webpage that can damage, disable, overburden, or impair the website, technical equipment, or the company is prohibited. DAIBAU reserves the right to immediately remove those Users who violate this policy or harm webpages, other Users, Bidders, or Advertisers in any other way.
In the event that the same natural person or legal entity repeats an offence or offences that can cause reputational, financial, or other damage to the website, the Portal reserves the right to commence legal proceedings.
Accuracy of information and limitations of liability
DAIBAU strives for accuracy and up-to-date information in all sections of the Portal. In the event that data is found to be inaccurate, DAIBAU is prepared to correct the errors upon receiving valid clarification from the User or the Bidder. DAIBAU will respond within 7 working days of receiving written notification. DAIBAU cannot be held responsible for the accuracy of data.
All information published or provided to Users or Bidders is of an informative nature. DAIBAU does not guarantee and is not liable for its accuracy. DAIBAU is also not liable for any harm caused to natural persons or legal entities by using information from the Portal.
Disclaimers
The Portal will endeavour to ensure its smooth and flawless operation, the timeliness and accuracy of content, and to restore operation of the Portal in the event of a malfunction.
DAIBAU is not liable for any damage caused to Users or Bidders if the Portal is unavailable at any time or for any period.
Users use the content of the Portal at their own risk. The User undertakes not to use the Portal for illegal purposes, contrary to the provisions of the law or ethical and moral standards.
All information published or provided to Users or Bidders is informative in nature. DAIBAU does not guarantee and is not liable for its accuracy. DAIBAU is also not liable for any harm caused to natural persons or legal entities by using information from the Portal.
DAIBAU is neither a construction contractor nor a provider of trades services. Nor does it sell material and equipment used for interior and exterior construction and renovation projects. Therefore, it is not liable for any errors or damage caused by those companies registered on the Portal. DAIBAU is under no obligation to resolve complaints or other disputes, but can help the User to resolve a complaint.
DAIBAU is not a party to any agreement reached between the User and the Bidder and will not interfere in the said relationship.
DAIBAU cannot be held responsible for any inaccuracies or poor quality or outdated content. Nor does it make any warranty that the functionality of the services and website will be uninterrupted or error free.
DAIBAU is also not liable for any damage that may occur to the User’s hardware, software, or other equipment due to use of the website. The User must ensure that equipment is adequately protected (antivirus software, etc.) when accessing and using the Portal.
The Portal may include links to third-party websites that are not controlled by DAIBAU. The Portal is not liable and does not assume responsibility for information and materials or any other content available on third-party websites.
Users are advised to read the Terms and Conditions and Privacy Notices on all third-party websites before using them or before posting or providing personal or other information via them.
Intellectual Property Rights
All content and enquiries are the property of DAIBAU and their reproduction or use on other websites is prohibited by the Copyright and Related Rights Act (CRRA), except for content created by Bidders or Advertisers, which is subject to the same provisions of the CRRA.
The content and information on the Portal are intended for the personal, non-commercial use of the User only and may not be downloaded, copied, reproduced, transmitted, stored, sold, or distributed for commercial use, with the exception of content that is available specifically for download and intended specifically for such purposes. The User can print or publish on social media only those parts of the Portal that are intended for personal use.
Apart from company profiles, the content of the Portal, i.e., texts, articles, and other contributions, images, graphics, etc., is protected by copyright and is the property of the Portal. This content may be cited, summarized, reproduced, processed, or distributed for commercial purposes in magazines, press releases, or other publications only if DAIBAU Ltd. is listed as the source with an active link to the relevant webpage.
Copyright for Bidder’s Profile
The content of a Bidder’s webpage and all the intellectual property of the Bidder are the sole property of the Bidder. The content and intellectual property of the Bidder are only published with the Bidder’s oral or written consent. At the Bidder’s request, which may be written or verbal, DAIBAU shall immediately remove the intellectual property or delete the Bidder’s Profile.
The content of a Bidder’s webpage and all the intellectual property of the Bidder are the sole property of the Bidder. The content and intellectual property of the Bidder are only published with the Bidder’s oral or written consent. At the Bidder’s request, which may be written or verbal, DAIBAU shall immediately remove the intellectual property or delete the Bidder’s Profile.
Sending enquiries
Users can use the Portal to research and find Bidders by sending an enquiry to selected Bidders or by DAIBAU selecting Suitable Bidders for the project.
The specific information that DAIBAU collects and processes is determined by the Privacy Policy.
The User guarantees that the information is correct and that the contact information provided in the online form is the data of the person who will also be the client if agreement is reached.
When submitting a request, i.e. sending an enquiry, the User must agree to the General Terms and Conditions and the Privacy Policy.
When the User completes the online enquiry form, the User will receive an email with a link to confirm the request, whereby the User should again accept the General Terms and Conditions and the Privacy Policy.
A text message with a verification code can also be sent to the User to verify their telephone number.
Enquiry acceptance assessment
When dealing with enquiries, DAIBAU may give priority to Users who have previously used the Portal, especially if they have engaged Bidders on the basis of their previous enquiries and have submitted evaluations of Bidders’ work.
DAIBAU receives an enquiry and, based on the available data, contacts the User, also, at personal discretion, in the case that additional information is required.
DAIBAU will not accept the enquiry in the following cases:
Accepting an enquiry
In the event that DAIBAU considers that it has sufficient data to accept an enquiry, then it will do so. This means that the enquiry will be visible to all Bidders that are considered suitable for the project and the anonymous part of the enquiry will be available in the designated part of the webpage. After confirmation, DAIBAU may also notify the Bidder selected by the User.
DAIBAU will inform Bidders of the enquiry through its communication channels, namely those Bidders that, based on its records and previous experience, DAIBAU considers suitable to undertake the work or to provide the service requested by the User.
If the User wants the enquiry to be visible to selected Bidders, but not all Bidders, the User can make it invisible.
DAIBAU cannot guarantee a response from those Bidders selected by the User. Moreover, DAIBAU cannot guarantee that it will inform those Bidders selected by the User.
DAIBAU does not guarantee for any quotes received or for any contract relating to the implementation of the agreed works.
DAIBAU cannot be held responsible or liable for Bidders’ responses.
The User is obliged to contact the proposed Bidders.
Closing enquiries and evaluation of Bidders
Upon completion of the work or the provision of the service, the User is obliged to close the enquiry if it has not been closed automatically after several reminders to the User via e-mail.
After the work has been completed, the User should evaluate the selected contractor or service provider.
DAIBAU will only publish a negative evaluation if the User can prove that the work was not completed to a satisfactory standard and the Bidder does not provide any explanation for their actions.
Unacceptable use of enquiries
Only natural persons and companies that need services in the field of planning, construction, and renovation are permitted to submit a request, i.e., send an enquiry.
Sending enquiries for the purposes of market research or to access the list of Bidders for commercial purposes is strictly prohibited.
Sending enquiries to search for a subcontractor is also not allowed. If DAIBAU determines that the User has sent an enquiry in order to find its own subcontractors or to procure personnel, it may charge for services rendered for a commercial search in line with its current prices.
Complaint resolution
DAIBAU cannot be held responsible for the quality of the work undertaken by the Bidders or for any damage, but is willing to provide the User with support in resolving possible complaints by providing guidelines and communicating with the Bidder.
DAIBAU can assist the User in resolving a complaint only when:
The Portal provides assistance in resolving complaints when:
Guaranty for Authorized Bidders
Authorized Bidders are those contractors and service providers that have signed an appropriate Business Cooperation Agreement with DAIBAU and on the basis of that Agreement offer their services through the DAIBAU Ltd. platform as Authorized Bidders. They are marked as Authorized Bidders on the platform and graded according to the type of certificate that has been issued (A+, AA, or AAA).
When a User has paid an advance, advance invoice, or otherwise paid for a service in advance (hereinafter: “ADVANCE PAYMENT”) to an Authorized Bidder whom the User contacted through the Portal, DAIBAU will act as an additional guarantor for a refund of up to EUR 500 for an A+ certificate, EUR 1,500 for an AA certificate, and EUR 3,000 for an AAA certificate if the User proves that the Authorized Bidder did not begin the work by the agreed deadline or did not return the amount paid within 8 days. DAIBAU provides the User with this guaranty if the Bidder appeared on the list of Authorized Bidders on the Portal at the time when the User placed the order and made advance payment to the Bidder.
DAIBAU does not guarantee for any of the Authorized Bidder’s other obligations, which are not explicitly defined in this Article, nor that the Bidder will complete the agreed work in a quality and timely manner.
DAIBAU does not guarantee the User that the Authorized Bidders it offers to the User are solvent nor that they will meet all the User’s requirements.
If in one calendar year there are several disputes for which DAIBAU provides the User with a refund in accordance with this Article, DAIBAU shall guarantee the User a maximum of EUR 4,000 in that calendar year.
The User may obtain a refund under this Article under the following conditions:
The User is entitled to a refund for the advance payment only if:
Through this Agreement, the User may request a refund from DAIBAU no later than 30 days from the date on which the Authorized Bidder was due to start work.
If DAIBAU suspects that the User is abusing the guaranty as set out in this Article or is otherwise attempting to harm DAIBAU, it may at any time withdraw the guaranty under this Article, which shall come into force on the date written notice is served, this being the date an e-mail is sent to the User’s e-mail address.
Conditions
In order to join the Portal, a Bidder must complete the registration process, through which DAIBAU records data on Bidders in its electronic database, i.e. the companies it cooperates with, the type of work they undertake, and their commercial interests. Registration requirements are that:
If any of the above conditions are not met, the Bidder is obliged to submit a written statement to DAIBAU within 7 days.
If DAIBAU determines that the Bidder does not meet one or more of the conditions listed, it may terminate the cooperation agreement immediately or delete the Bidder from the Portal without prior warning.
Trial period
DAIBAU may offer the Bidder a trial period whereby the Bidder can use the services of the Portal for free.
The scope of these free services and their duration may be amended by DAIBAU without prior warning.
Subscription packages and the number of forwarded enquiries
The Portal offers a variety of subscription packages for Bidders and Advertisers. The choice of the subscription package determines how many enquiries the Bidder can review, how the Portal presents the Bidder to Users, and how quickly and how many times the Bidder will be informed about any submitted enquiries.
In the event that the Bidder is not a contractor or service provider but a trader, wholesaler, agent, manufacturer, or advertising agency, and especially when its goal is to forward an enquiry to its own network of bidders, then a separate subscription package applies that is different to the subscription packages for other Bidders.
The subscription agreement begins upon payment of a proforma invoice and the Portal will provide access to enquiries within one business day of payment being received.
The moment the Bidder sends a request to the Portal to display a customer’s contact details, the Portal subtracts this request from the total number of enquiries available to the Bidder as part of the Bidder’s subscription package.
In the event that the Bidder’s website immediately proposes to the User confirmation of the enquiry, this enquiry is also subtracted from the total number available to the Bidder as part of the Bidder’s subscription package since the Bidder’s contact details are immediately visible to the User.
Receiving enquiries
DAIBAU sends information on any new enquiry to the Bidder through its communication channels. The number of forwarded enquiries and the deadline for forwarding these may depend on what kind of subscription package the Bidder has.
On the Portal, the Bidder is able to access any information that is key to implementing the project, including the User’s contact details. DAIBAU checks all data in advance or checks it at the request of the Bidder. In the event that the User has closed an enquiry, data cannot be accessed.
The Bidder can inform DAIBAU if it considers that an enquiry does not meet conditions for submission. In this case, DAIBAU shall deduct that enquiry from the Bidder’s quota.
DAIBAU will also notify the Bidder of cases where it finds that the User has violated the Terms and Conditions or otherwise misused the Portal, manipulated Bidders, or harmed them in some other way.
Limitations of liability
DAIBAU guarantees that a User’s data is the same as that entered in the online form on the Portal and that it will not touch or alter it except when it determines that it is deficient or incomprehensible.
DAIBAU is committed to forwarding enquiries from Users who have shown serious intent to proceed with their project. The level of intent is determined by DAIBAU according to internal criteria.
DAIBAU does not guarantee that the User intends to proceed with a project, nor does it guarantee that the Bidder will agree to undertake it.
Furthermore, DAIBAU does not guarantee that the User will respond to telephone calls or text messages.
DAIBAU does not guarantee that all conditions for realizing the project from the enquiry will be met.
In addition, DAIBAU does not guarantee that the User will pay for work or services rendered.
Number of enquiries
DAIBAU allows the Bidder to access only as many enquiries as are actually available for a particular category and region – those defined by the Bidder and assigned to the Bidder.
Job categories for enquiries
Bidders can only receive enquiries for the categories of jobs and/or services for which they are registered on the platform, i.e. for those categories which they are engaged in. Companies engaged in job placement or design and engineering are not allowed to use the Portal, except in exceptional cases as determined by DAIBAU. Cooperation agreements shall be concluded with such bidders on a case by case basis.
In exceptional cases, Bidders may forward enquiries to their full-time associates if the project requires categories of services that the Bidder does not provide.
DAIBAU may remove certain categories from a Bidder’s Profile, in particular in the case of suspected misuse or when the Bidder cannot prove that it is suitably qualified for a certain category.
Value of enquiries
DAIBAU first determines the value of each enquiry. Enquiries are classified into three categories: low, medium, and high value. The criteria for enquiries, i.e. projects of a lower or higher value, may be altered by DAIBAU without prior notice. DAIBAU can also amend the enquiry value class at any time. The number of low, medium, and high value enquiries that a Bidder can receive depends on the subscription package the Bidder has.
Bidder’s Profile
The Bidder’s Profile is the Bidder’s webpage on the Portal. The Bidder can edit and upload its Profile itself or DAIBAU can do this for the Bidder. The Profile is uploaded once the Bidder has registered.
In the event that DAIBAU registers a Bidder, DAIBAU determines the appearance and content of the Profile. If the Bidder registers itself, the Bidder fills out the form with the mandatory information that becomes part of the Bidder’s Profile.
The content of the Bidder’s Profile can be set by the Bidder or, in some situations, the Bidder can ask DAIBAU for assistance.
The standard content of a Bidder’s Profile consists of:
DAIBAU cannot be held responsible for the content of the Bidder’s Profile, i.e. the bidder’s webpage. All content and intellectual property on the Profile belong to the Bidder. The content and intellectual property on the Bidder’s Profile are published solely with the Bidder’s oral or written consent. At the request of the Bidder, again, verbally or in writing, DAIBAU will remove the intellectual property or delete the Bidder’s Profile.
Bidder evaluation
Bidder evaluation is an objective assessment comprising several elements that are set and compiled by DAIBAU or determined on the basis of cooperation with the Bidder in question. Evaluation consists of the following criteria:
DAIBAU reserves the right to amend the evaluation criteria, i.e. change and/or add criteria without prior warning.
Evaluation of the Bidder is based solely on the given criteria. The evaluation cannot be altered by means of payment.
National Minimum Wage Act
Contractors and service providers undertake to pay themselves and their employees at least the minimum wage in accordance with and in the manner prescribed by the relevant law.
In the event of an employment contract resulting from a contract signed with subcontractors, they undertake to pay at least the minimum hourly rate established by the relevant law for work and services performed.
Liability insurance and income protection insurance
The Administrator provides contractors and service providers on the platform with information on the possibility of obtaining liability insurance and income protection insurance in order to protect Users and Bidders.
For certain categories on the platform, the Administrator may request that a contractor or service provider provides information on the existence of insurance cover and details of their insurance policy. In the bidder evaluation system, the Administrator can change and add evaluation criteria on the platform and visually highlight those Bidders that have arranged appropriate insurance policies.
Removal of a Bidder
A Bidder may be removed from the platform if:
DAIBAU shall notify the Bidder of their removal by e-mail, post, or telephone within three days. DAIBAU reserves the right to change the criteria for removal.
Forwarding information about Bidders to third parties
DAIBAU may provide Advertisers with information about Bidders. This data includes the trade description or nature of business, commercial interests, and general information about the services provided by the Bidder. DAIBAU provides targeted information only to those Advertisers that provide services or products that are useful to a particular category of Bidder.
Changes to Terms and Conditions
DAIBAU reserves the right to make changes, in whole or in part, to any part of the Terms and Conditions. However, it must inform Portal users of these changes in advance in the usual manner. The changes apply from the moment they are published on the Portal. DAIBAU undertakes that the Terms and Conditions that currently apply will always be easily accessible on the Portal.
Jurisdiction in the event of a dispute
Agreement on the acceptance of all the aforementioned Terms and Conditions is concluded in Belgrade. Disputes arising from the use of Portal services or Terms and Conditions shall be exclusively governed by and construed in accordance with the law of the Republic of Serbia.
All disputes arising from this Agreement should be settled amicably by the Parties involved. If this is not possible, either of the Parties is entitled to refer the dispute to the competent court of law in Belgrade.
Lagos, 31st March 2024
The Terms and Conditions remain in full force and effect until revocation or the next change in content.
Othuke Joseph Urughu, CEO
Daibau.ng Ltd., 13A Acme road, Ogba, Lagos, Nigeria