Terms and Conditions

1. Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

- We may amend these Terms at any time, by providing written notice to you;

- To the maximum extent permitted by law, the Service Fee is non-refundable;

- Our liability under these Terms is limited to the Service Fee paid, or where no Service Fee is paid, $50, and we will not be liable for Consequential Loss;

- We will have no liability for the use or results of any third-party services, any aspect of the Hirer and Freelancer interaction including the services offered by the Freelancer, the description of the services requested or offered, any advice provided, the performance of services, and any event outside of our reasonable control; and

- We receive a service fee from each Hirer for payments made through the Platform.

Nothing in these terms limits your rights under applicable consumer laws.

2. Introduction

2.1 These terms and conditions (Terms) are entered into between Dbento.io (we, us, or our) and you, together the Parties and each a Party.

2.2 We provide a platform where building and construction professionals (Freelancers) and businesses looking to hire Freelancers (Hirers) can connect and transact, and where Hirers can find Freelancers to provide services to them (Platform).

2.3 In these Terms, you means (as applicable) the person or entity registered with us as either a Hirer or Freelancer or the individual accessing or using the Platform.

2.4 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

3. Acceptance and Platform Licence

3.1 You accept these Terms by registering on the Platform.

3.2 You must be at least 18 years old to use the Platform.

3.3 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.

3.4 If you access or download our mobile application from the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

3.5 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b) using the Platform to defame, harass, threaten, menace, or offend any person;

(c) using the Platform for unlawful purposes;

(d) interfering with any user of the Platform;

(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

(f) using the Platform to send unsolicited electronic messages;

(g) using data mining, robots, screen scraping, or similar data gathering and extraction tools on the Platform; or

(h) facilitating or assisting a third party to do any of the above acts.

4. Accounts

4.1 You must register on the Platform and create an account (Account) to access the Platform’s features.

4.2 You may have one Account as a Freelancer or as a Hirer on the Platform.

4.3 You must provide basic information when registering for an Account, including your business name, contact name, date of birth, and email address, and you must choose a password.

4.4 To create an Account, you will be required to verify your identity using a third-party verification service, currently Stripe (Third Party ID Service). The Third Party ID Service will request identification documentation from you, and it will hold that documentation.

4.5 You acknowledge and agree that (1) we may contact, connect to, or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check.

4.6 You acknowledge and agree that (1) any Identity Check performed on a user of the Platform may not be fully accurate, as it is dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should make your own inquiries as to the accuracy, legitimacy, validity, credibility, or authenticity of any users of the Platform.

4.7 Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

4.8 All personal information you provide to us will be treated in accordance with our Privacy Policy.

4.9 You agree to provide and maintain up-to-date information in your Account and to not share your Account password with any other person. Your Account is personal, and you must not transfer it to others.

4.10 You are responsible for keeping your Account details and your username and password confidential, and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

5. Platform Summary

5.1 We provide the Platform to users (including hosting and maintaining the Platform) and process payments between Hirers and Freelancers (together the Dbento.io). You understand and agree that we only make available the Dbento.io. We are not a party to any agreement entered into between a Hirer and a Freelancer, and we have no control over the conduct of Freelancers, Hirers, or any other users of the Platform. We are not responsible for the services provided by Freelancers.

5.2 A Hirer may create an accurate and complete description of the services they require through the Platform, including the scope of services, their budget, the due date, classification, and plans (Proposal). The Hirer may then send their Proposal to up to three Freelancers.

5.3 If any of the chosen Freelancers desires to provide services to a Hirer in accordance with a Proposal, those Freelancers will make an offer through the Platform setting out any amendments to the Proposal, the cost (including any applicable taxes), and, if applicable, their non-disclosure agreement (Offer). By making an Offer, the Freelancer confirms that it is legally entitled to and capable of supplying the services described in the Offer. To the extent there is inconsistency between the Freelancer’s non-disclosure agreement and these Terms, these Terms will prevail.

5.4 The Hirer may then choose to accept one of the Offers through the Platform, which creates a Project.

5.5 Hirers and Freelancers can communicate privately using our private messaging service or offline using the listed contact details once a Project has been created. Hirers and Freelancers must not use the contact details to organise the provision of the services off the Platform, or otherwise attempt to circumvent the payment of Service Fees to us.

6. Payments

6.1 As a Hirer, you agree to pay (and your chosen payment method will be charged) the cost of the Project (Freelancer Fees) when a Project is created.

6.2 In consideration for providing the Platform, we will charge the service fees to the Hirer as set out on the Platform (Service Fee). As a Hirer, you agree to pay the Service Fee at the same time you pay the Freelancer Fees.

6.3 Upon receipt of the Freelancer Fees from the Hirer, our third-party payment processor will hold the Freelancer Fees minus our Service Fee until such time as the Freelancer has completed the services in the Project, or until such time as the Freelancer Fees are refunded to the Hirer (if the Hirer is entitled to a refund in accordance with these Terms).

6.4 The payment methods we offer for the Service Fees and for the Freelancer Fees are set out on the Platform. We may offer payment through a third-party provider, such as Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

6.5 You must not pay, or attempt to pay, the Freelancer Fees and the Service Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

6.6 You agree that we may set-off or deduct from any monies payable to you under these Terms any amounts which are payable by you to us (whether under these Terms or otherwise).

6.7 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

6.8 All fees are in U.S. dollars unless otherwise specified.

6.9 The maximum Freelancer Fee that a Freelancer may set for a particular Project is set out on the Platform.

7. Refunds and Cancellation Policy

7.1 The cancellation, variation, or refund of any services ordered on this Platform is a matter between the relevant Hirer and Freelancer, subject to the following clauses.

7.2 If: (1) the Hirer and Freelancer mutually agree to cancel a Project; or (2) following reasonable attempts by a Hirer to contact a Freelancer for the Freelancer to fulfil the Project, the Project is cancelled, and the Freelancer Fees have already been paid

by the Hirer, we will refund the Freelancer Fees to the Hirer’s nominated account, and we will not charge the Service Fee.

7.3 If we are required to make a refund to a Hirer in accordance with these Terms, we will process the refund as soon as possible, and in any event within 30 days of being notified of the need to refund the Freelancer Fees.

7.4 If you, as a Hirer, are not satisfied with the services provided by a Freelancer, you should contact the Freelancer directly to resolve the issue. Dbento.io is under no obligation to resolve the dispute.

7.5 Nothing in this clause attempts to modify or exclude the conditions, warranties, and other legal rights under applicable consumer laws. Our goods come with guarantees that cannot be excluded under consumer protection laws. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8. Reviews

8.1 Hirers may rate a Project (Rating) and/or provide feedback (Review) to the Freelancer regarding the Project. Ratings and Reviews will be published on the Freelancer’s profile.

8.2 You must provide true, fair, and accurate information in your Rating and Review.

8.3 You acknowledge and agree that:

(a) your Rating and Review must not contain any harmful, offensive, defamatory, or misleading material;

(b) we may remove a Rating or Review if we consider that it contains any harmful, offensive, defamatory, or misleading material, at our sole discretion; and

(c) we are in no way responsible for the content of any Ratings or Reviews.

9. Dispute Resolution

9.1 If any dispute arises between the Parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

9.2 Any Party claiming that a dispute exists must notify the other Party in writing of the nature of the dispute (Dispute Notice).

9.3 If the Parties cannot resolve the dispute by mutual negotiation within 10 business days of the date of the Dispute Notice, either Party may refer the dispute to mediation administered by an agreed-upon mediation service.

9.4 The mediation rules of the agreed-upon service will apply to the mediation.

9.5 The costs of the mediation will be shared equally between the Parties.

9.6 If the dispute is not resolved within 30 days of the appointment of the mediator, either Party may pursue any other course of action available to them under the applicable law.

10. Intellectual Property

10.1 All intellectual property rights, including copyright, in the Platform and in any content or information provided on the Platform (Content) are owned or licensed by us.

10.2 You must not reproduce, transmit, adapt, distribute, sell, modify, publish, or store any Content or intellectual property, or use any Content or intellectual property other than as allowed by these Terms, without our prior written consent, or as permitted by law.

11. Warranties

11.1 You represent, warrant, and agree that:

(a) there are no legal restrictions preventing you from entering into these Terms;

(b) you will comply with all applicable laws, regulations, and codes in relation to the performance of your obligations under these Terms;

(c) all information and documentation that you provide to us in connection with these Terms is true, correct, and complete; and

(d) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.

12. Consumer Law

12.1 Certain legislation, including consumer protection laws, may confer you with rights, warranties, guarantees, and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted, or modified (Statutory Rights).

12.2 If consumer protection laws apply to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under such laws. You agree that our liability for the Platform provided to an entity defined as a consumer under such laws is governed solely by the applicable consumer protection laws and these Terms.

12.3 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work, and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law, or under these Terms.

12.4 This clause will survive the termination or expiry of these Terms.

13. Liability

13.1 To the maximum extent permitted by law, we exclude all liability for any loss, damage, costs, or expense, whether direct, indirect, incidental, special, consequential, or otherwise (including loss of profits, loss of opportunity, loss of data, and loss of reputation) suffered by you or any third party, or claims made against you or any third party which result from your use of or access to the Platform.

13.2 To the extent we are unable to exclude liability, our total liability for loss, damage, costs, or expenses arising under or in connection with these Terms is limited to the total amount of the Service Fees paid by you to us during the 12-month period prior to the event giving rise to the liability, or if no Service Fees have been paid, $50.

13.3 This clause will survive the termination or expiry of these Terms.

14. Termination

14.1 These Terms commence on the date you accept these Terms and continue until terminated in accordance with this clause.

14.2 You may terminate these Terms at any time by deleting your Account and ceasing to use the Platform.

14.3 We may terminate these Terms immediately if:

(a) you breach any provision of these Terms;

(b) we determine that you are acting in a manner that is harmful to our reputation or our users;

(c) you have not logged into your Account for a period of 12 months; or

(d) we, at our sole discretion, determine that your use of the Platform is inappropriate or in violation of these Terms.

14.4 On termination of these Terms:

(a) your right to use the Platform immediately ceases, and we may delete your Account;

(b) we will have no further obligations to you under these Terms except to the extent such obligations survive the termination of these Terms; and

(c) you agree that we will have no liability to you or any third party for any termination of your access to the Platform.

14.5 This clause will survive the termination or expiry of these Terms.

15. General

15.1 Governing Law: These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Dbento.io operates. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in that jurisdiction and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

15.2 Severability: If any provision of these Terms is found to be invalid, unenforceable, or illegal, the remaining provisions will continue in full force and effect.

15.3 Entire Agreement: These Terms constitute the entire agreement between the Parties and supersede any prior negotiations, arrangements, understandings, or agreements, whether oral or written.

15.4 Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without your consent.

15.5 Waiver: No waiver of any provision of these Terms will be effective unless it is in writing and signed by the Party waiving the right. A waiver by either Party of any breach or default will not be deemed to be a waiver of any subsequent breach or default.

15.6 Notices: Any notice required or permitted to be given under these Terms must be in writing and sent by email to the other Party's last known email address.

15.7 Relationship: The relationship between the Parties is that of independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the Parties.

16. Contact Us

If you have any questions or concerns about these Terms or the Platform, please send us a message on our Contact page.