Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING “I AGREE” OR ACCESSING OR IN ANY WAY USING THE APP, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND THESE TERMS. 

1. Who we are

1.1. BauBau is a digital platform that connects construction servicers with construction work. Servicers/Workers can be construction workers, painters, carpenters, drivers, excavators,  masons, and crane drivers. Most often, customers are construction companies that need Servicers, and they can also be private individuals.

1.2. The platform enables the joining of these two groups of users, communication, order tracking, invoicing, and everything else that is needed for the best performance of work. An example of work is the construction of a wall, painting works of that wall, finishing, and similar. 

1.3. The digital part of the platform consists of a website for desktop and mobile devices, an Administrator and Dispatcher panel, a panel for companies and drivers, 2 mobile Platform Locations for iOS and Android, one Platform Location for job senders, and the other for Servicers. The goal of the BauBau platform is to optimize and make construction works more efficient. It brings transparency, accountability, speed, and quality to the construction industry.

1. The meaning of the terms

2.1. BauBau (The Platform) is a digital platform that connects construction Servicers/Workers with construction work. The Platform is provided for two types of Users. On the one hand there are Servicers/Workers and on the other hand there are Customers who can be construction companies or private individuals. Customers order some construction work and Servicers/Workers provide that work.

2.2. Servicers/Workers are construction workers or construction companies reaching for some construction work through this Platform (construction workers, painters, carpenters, drivers, excavators,  masons, and crane drivers, etc.).

2.3. Users can be:

2.3.1. construction companies who need Workers/Servicers to accomplish their own construction projects 

             or 

2.3.2. private individuals who need Workers/Servicers to fulfill some construction jobs. 

2.4. Order can be any construction work/material or some other construction service. 

1. Requirements to Use the App. 

3.1, To access the BauBau App and communications made through the App, you must have a mobile or other device that can connect to the internet, an internet connection, the current version of the BauBau App, and a compatible operating system. Access fees from your internet service provider may apply. Your access to the App may be governed by agreements required by third-party providers in connection with your use of your device, telephone, wireless, and other services.

1. Modifications

4.1. BauBau may change or modify this Agreement from time-to-time and the amended Agreement will automatically be effective when posted. When you first access or use the BauBau App after such changes have been made, you will be informed of the changed Agreement. Your continued use of the BauBau App thereafter shall constitute your consent to such changes.

1. Accuracy of information

5.1. BauBau does not warrant that any information, including any product or service descriptions, other content of this Platform or information concerning third parties (including other users of the platform), is accurate, complete, reliable, updated, current, or error-free. In the event BauBaau determines that any such information is inaccurate or incomplete, BauBau reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error unless prohibited by law. BauBau may make improvements or changes to any content, information products, services, or programs described on the platform at any time without notice.

5.2. You acknowledge that there are security, reliability, data corruption, transmission error, accessibility, availability, and related risks associated with use of mobile technology to receive and transmit confidential information.

5.3. Baubau strives for accuracy and up-to-date information in all parts of the Platform. In the event that it determines the inaccuracy of the data, Baubau is ready to correct the errors with a justified clarification received from the user. Baubau will respond within 8 working days of receiving the email. Platform’s address for these types of complaints is office@baubau.app.

5.4. Baubau is not responsible for the accuracy of the data. Workers/Servicers are free to input and modify  their content in order to advertise their construction work, service or material. Because of that they are exclusively responsible for the data which they input to the Platform. 

5.5. BauBau is permitted to monitor your activities on the Platform and remove any user content considered as offensive, inappropriate, contrary to applicable laws and regulations, or in other way causes a breach of these Terms and Conditions.

1. Privacy

6.1. Your privacy and the security of your information are important to BauBau. BauBau’s Privacy Policy, as amended from time to time (available online at: app.baubau.app/page/privacy-policy), applies to your use of the App. You agree that BauBau may collect, use and share your personal information in accordance with the Privacy Policy and to provide and maintain information, products and services you have requested through the App.

1. Payment

7.1. We will collect payment information, such as a credit card or other payment method to facilitate payment for the Platform. All such payment information and payment is handled by a secure third party, currently Stripe and PayPal. Also payment via company accounts and payment in cash are available.

7.2. To keep your information secure, we do not store complete credit card information on the Platform's servers. 

7.3. Servicers/Workers will get their fees when Customers review the work and acknowledge to the Platform that they are satisfied with the way the work is done.

7.4. You may contact us directly, in which case we have the contact information contained in the correspondence.

1. Responsibility

8.1. BauBau is providing strictly intermediate service. Because of that, our responsibility ends when we make the connection between Users. Problems that occur in some later stages are not our responsibility at all. 

8.2. Baubau is not responsible for:

• quality/quantity of the construction service performed by the workers/servicers 
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• any damage which can occur
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• any work-related injuries, 
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• none or incomplete building/constructing permissions and documentations, 
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• lack of basic working conditions,
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• construction service delay,

8.3. If any of these problems occur we are willing to provide our full support to the Users in order of resolving those problems.

1. Using the platform - for Workers/Servicers

9.1 First and basic condition for joining BauBau as a Worker/Servicer is successful registration. 

9.2. Workers/Servicers must meet other crucial conditions before performing their first construction work/service and after it, as long as they are part of the BauBau system. Workers/Servicers must: 

• have active email address, 

• have mobile phone for communication and work organization,
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• activate bank account in order of wallet activation,
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• have driving license if performing some service which includes transport
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• have permit for performing some particular construction service, if it is obligatory,
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• have special license for steering some particular machine, if it is obligatory,

9.3. If Baubau determines that the Workers/Servicers do not meet one or more of the listed conditions, it can immediately terminate cooperation or delete the company from the platform, without prior warning.

1. Duties of Workers/Servicers 

10.1. First of all, Workers/Servicers must do their work carefully, professionally, according to the rules of the profession.

10.2. Workers/Servicers must meet the deadlines. If Workers/Servicers are late with finishing the work their fees will be reduced. Reduced amount depends on the situation, but will always be from 10% to 25% of construction work cost, for each day of delay.   

10.3. Workers/Servicers must fulfill all Customer’s requests which are related to the construction work. If Customer is not satisfied with the way the work is done, Workers/Servicers can be fined by the reduction of their fees, from 30% to 100% of total construction work cost. Neglectful Workers/Servicers can be banned from the platform. 

10.4. Workers/Servicers who accept particular construction work must be ready to start working on the day which is arranged. If they get sick or ill, or there is some other justified reason they must prove those facts by bringing valid documentation, for example medical documentation. Neglectful Workers/Servicers can be banned from the platform. 

10.5. Workers/Services should strive to do their construction work in the best manner. BauBau applies a rating system and Workers/Servicers recognized better than others will be prior for the future construction works. 

1. Exclusion of Workers/Servicers

11.1 Exclusion of  Workers/Servicers from the platform may occur if:

11.1.1. no longer meets the basic requirements for participation on the platform,

11.1.2. cancel accepted work two or more times without justification,

11.1.3. cancel accepted work five or more times with justification,

11.1.4. start working directly for Construction company - Customer,

11.1.5. their way of construction working is sloppy or negligent,

11.1.6. obligations have not been paid  

12. Using the platform - Customers

12.1. Customers can use the platform to search for services and products to buy via the BauBau platform directly with partner companies.

12.2. First step in order of using the services which BauBau ensures is registration. After successful registration, Customer must activate the wallet by entering payment card number and following information. Now, Customers can search for the services, and choose appropriate ones (for example -  paint work) which BauBau provides. When Customer orders some service BauBau will search for a Servicer/Worker who is able to complete the ordered service. When there is no Servicer/Worker on disposal, BauBau will not accept the order.

12.3. What specific information BauBau collects and processes is determined by the Privacy Policy.

13. Duties of Customers

13.1 Customers' basic duty is to pay for the ordered construction service.

13.2. Customers can complain about the service until they notice that they are satisfied with the construction service. 

13.3 Customers must avoid illegal and unethical actions. For example, they must avoid treating construction workers in a manner which is opposite to the governing labor law rules. 

13.4. The Platform strongly recommends to Customers to follow the progress of their construction service in order to receive the construction work smoothly.

13.5. The Platform kindly requests from Customers to rate and review finished construction work in order to help us make our service better.

14. Exclusion of Customers

14.1. Exclusion of Customers from the platform may occur if:

14.1.1. no longer meets the basic requirements for participation on the platform,

14.1.2. cancel accepted work four or more times

14.1.3. obligations have not been paid

14.1.4. their behavior toward Workers/Servicers and their requests either are unacceptable according to governing labor law rules.

15. Limitation of liability

15.1. The platform will strive to ensure smooth and faultless operation, timeliness and accuracy of content, and restoration of platform operation in case of failure.

15.2. Baubau is not responsible for any damage caused to users during the unavailability of the Platform.

15.3. Users use the content of the Platform at their own risk. The user undertakes not to use the platform for illegal purposes, contrary to the provisions of the law or ethical and moral standards.

15.4. As a condition to your use of the platform, you agree that you will not take any action intended to:

• access data that is not intended for you;
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• invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the platform;  
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• probe, scan or test the vulnerability of the platform or breach security or authentication measures; 
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• attempt to interfere with service to any user, host, or network or otherwise attempt to disrupt BauBau’s business. 

15.5. Unauthorized use of the platform, including but not limited to unauthorized entry into BauBau’s systems, misuse of passwords, or misuse of any information provided through the platform is strictly prohibited.

15.6. All information published or provided to users or bidders is informative in nature. Baubau does not guarantee or be responsible for their accuracy. Baubau is also not responsible for any damage caused to legal or natural persons, resulting from the use of information from the platform.

15.7. Baubau is not obliged to resolve complaints or other disputes, but it can assist the user in resolving complaints.

15.8. Baubau does not guarantee the customer's response to phone calls or messages.

15.9. Baubau does not guarantee the fulfillment of all conditions for the realization of the project from the inquiry.

15.10. Baubau also does not guarantee that the customer will pay for the performed works or services.

15.11. Baubau is not responsible for the content of the Workers/Servicers profile, that is, his page made on the Platform.

15.12. However, if any of the listed situations happens, the Platform is ready to help Users to overcome a particular problem.

16. No Employment Relationship

16.1. The Platform only provides intermediate service. We are here just to connect Users in order to do some construction work. We can help in work organization, but we are not responsible for job realization. 

16.2. BauBau and Worker/Servicer expressly agree that (a) this is not an employment agreement and does not create an employment relationship between BauBau and Worker/Servicer; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement.

16.3. Neither BauBau nor any of its affiliates shall have responsibility for any wages, benefits, expenses, or other payments due any Worker/Servicer Subcontractor(s), nor for income tax withholding, social security, unemployment insurance contributions, or other payroll taxes relating to Worker/Servicer or any Worker/Servicer Subcontractor. Neither Worker/Servicer nor any Worker/Servicer Subcontractor shall receive any wages, including vacation pay or holiday pay, from BauBau, nor shall Worker/Servicer or any Worker/Servicer Subcontractor participate in or receive any other benefits, if any, available to employees of BauBau or any of its affiliates.

17. Term and Termination (How Long This Agreement Lasts and How It Can End)

17.1. This Agreement is effective immediately after creating an account on Platform. Agreement is effective till Users erase their Platform account. Also, Platform can terminate the agreement by banning Users for violation of rules which are an integral part of this Agreement (sections: Exclusion of Workers/Services and Exclusion of Customers). 

17.2. Erasing the account or banning from Platform immediately terminates this Agreement. Exception is provided for the Users who are in the middle of some construction work. In such cases, their account lasts till the mentioned construction work is finished.   

18. Jurisdiction in case of dispute

18.1. This Agreement will be governed by and construed under the laws of Serbia as a country of Platform origin, without giving effect to the conflicts of laws provision thereof.

18.2. Any dispute that arises due to the construction services, shall be resolved in the competent court of the country where construction service is finished or needs to be finished. 

18.3. All disputes that arise due to this contract should be resolved by agreement between the parties involved. If this is not possible, each contracting party can initiate a dispute before the competent court in the target country.

19. Final part 

19.1. BauBau may terminate this Agreement, and also terminate, suspend or limit your access privileges to the Platform, in whole or part, at any time for any reason without prior notice, including but not limited to the reasons involving your use of the Platform which BauBau may deem to be illegal or potentially brand damaging. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Upon termination, you shall immediately discontinue use of the Platform.

19.2. We encourage you to share your comments and questions with us, however we may not be able to respond to all of them as quickly as we, or you would like. If we don’t reply please don’t take that personally. We’re excited to have you as a member of our community and are grateful for the work you do to improve patient lives every day. Be proud of who you are, and what you bring to the table. We’re grateful you’d take the time to make a suggestion that helps make us better as an organization.

20. Contact Us

20.1. For any questions/suggestions about our service, Platform or conditions of this Agreement, please be free to contact us at office@baubau.app.