Terms and Conditions

Terms and Conditions of Use

The following Terms and Conditions apply to the use of this website. This Agreement (referred to as the “Agreement”) is the contractual agreement between this site (“we”, “us”, “our”) and you (“User”, “you”, “your”) who agree to the terms of this Agreement by clicking the “I agree” box on the User Account Creation Form in the “Terms of Use” section.

This Agreement becomes effective at the time you submit the User account creation form after clicking the “I Agree” box. This Agreement governs the rules for use of this website and transactions made from this website.

Now in consideration of the terms and conditions of this Agreement contained herein, you agree to all of the following:

1. Clicking on the “Create Account” button

By using this website, by checking the box “Yes, I have read the terms and conditions” and clicking the “Create Account” button in the registration form, you acknowledge that you have accepted the terms and conditions of this Agreement. By accepting the terms and conditions of this Agreement, and after validating the information you entered in the registration form, you become registered as a “Registered User” and agree to be referred to as a “User” (as defined in section 3) which guarantees that you are represented in this Agreement.

If you do not agree to the terms and conditions of this Agreement, you are not authorized to use this website. If you have any questions about this Agreement, please contact us. * The term “Registered User” means any individual or entity that has registered with this site.

 

2. Web Platform

The website provides a means for Users with jobs to submit their jobs and to search for Service Providers (Contractors / Workers) who can perform them.

The website provides an optional matchmaking and payment service as well as other services that the platform may offer to Users from time to time. These other services are subject to the terms and conditions of this Agreement and more specifically to the section “4. The Services”. From the website, we provide information about our services, our users and other third party information. We may change, delete or add some or all of this information at any time.

By entering into this Agreement, you agree to the payment terms described in Section 8 and therefore agree to pay for specific services.

 

3. Users

By checking the “Yes I have read and agree to the Terms of Use” box on the registration form or the add a job form, you designate yourself as a “User.

The “Users” are the entities looking for workers to fulfill their calls for tender looking for assignments.

 

4. Services

This site provides services to both Users and Workers.

(i) This site facilitates the connection between Users by proposing a system of publication of jobs. We do not control the exchanges taking place between Users and Workers. Consequently, we do not define and we are not responsible for the price, quality, confidentiality clauses, transfer of intellectual property, conformity or legality of the tenders submitted, the ability of Users to provide tenders, or the ability of Workers to respond and carry out these tenders. We cannot and do not control the ability of Users to make payment. We are not responsible for the transactions and/or contacts, or the results of these transactions and/or contacts made between the Registered Users without passing through the site. It is strictly forbidden to publish contact information in the description of a project.

(ii) To facilitate the completion of a job, its delivery and payment, we offer a set of tools allowing the Project Sponsor and the Workers to communicate about the job, in particular through

Messaging
The evaluation
The declaration of a dispute

 

When the realization of a work is attributed by the Project Sponsor and accepted by a Worker, the 2 parts are invited to agree well before the beginning of the work. During the execution of the work, they are asked to mention any elements that could modify the content of their contract as soon as they become aware of them. The Worker who carries out the work is requested to indicate the stages of the realization on the progress of the realization and the payment as soon as they are assigned and to modify their status as soon as they are realized. The Project Sponsor is invited to validate mentioning the amounts of the payments that he has transmitted to the Worker on the progress of the realization and the payment as soon as he has paid this amount to the Provider.

In case of dispute with the other party, the arbitration can be automatically realized in favor of the User who has informed these elements. Users who do not correctly fill in these elements may be excluded from the site.

The transmission of information concerning a competing platform or any link to such platforms is strictly forbidden. Any deviation from this rule may result in the destruction of the user account without recourse.

(iii) This site is not a payment intermediary between the parties. Once the parties are in contact with each other, it is up to them to conduct their business directly and with full responsibility. We cannot be held responsible for the behavior or the failure of one or the other of the parties during their commercial relationship.

(iv) In case of dispute, the Project Sponsor and the Provider undertake to continue their exchanges and to negotiate between them by all possible legal means to find an amicable solution to their dispute. They undertake to find a solution for the completion of the work, delivery, payment and evaluation of the other party. If no amicable agreement has been reached within 7 calendar days after a problem has been reported by the Project owner or the Worker, we or another intermediary, whose choice will be made by this site at its sole discretion, may become the arbitrator of a dispute between the Project owner and the Worker. The resolution of the dispute will include the original call for tender, the response to the call for tender by the Worker, the amendments or the relative communications that took place through the Website. If either party is unavailable to respond to the other or to nZui, they must indicate this as soon as they become aware of it and no later than 7 days before they are unavailable so that if a dispute arises, they can propose solutions before they are no longer available.

(v) nZui will honestly interpret the work based on the dispute between you and the Worker. In making its decision, nZui will consider only: the work as described on the Website, the causes of the dispute from the perspective of both parties, the activity logs as well as the communications through the Website, the project itself and any other information and communications that Users agree to disclose as part of the Dispute Resolution Service.

 

(vi) You agree that our decision, acting as arbitrator during the Dispute Resolution Service, is final, binding and binding on both Parties.

(vii) In the event that you are the losing party in such arbitration, you agree that you will not benefit in any way from the decision in question. You agree by registering as a user to our arbitration.

(viii) By clicking the “Create My Account” box in this Agreement, you understand that in consideration of this Agreement, you release us from any damages or liability related to your involvement with a Worker or Project Developer or our services, including without limitation, the Dispute Resolution Service.

 

5. System Integrity

You may not use any device, software, or algorithm, including but not limited to viruses, trojans, worms, DOS attacks, with the intent to damage or interfere with the proper working of the Website, or any transaction taking place on the Website, to intercept and use the Website system, data, or personal information.

You are prohibited from taking any action that would overload our system, including but not limited to “spamming” or other mass emailing techniques.

To avoid any risk of cheating and abusive rating, a Project Sponsor and a Provider must not have known each other outside the platform before the Project Sponsor publishes the work.

6. Published Information

A. You are solely responsible for the information you post on our Website, including but not limited to any form of posting, creating a message in a chat room, or through an email system. You grant us the irrevocable right to enforce copyright and publicity rights with respect to such information. Information you post must not: infringe on the rights of others, including but not limited to intellectual property rights, publicity, or privacy; be defamatory, threatening, harassing; be obscene, indecent, or contain pornography.

We are not responsible for information posted by Registered Users nor are we liable for any such information posted on our Website including but not limited to information about you. We reserve the right to take such legal action with respect to information posted on our Website as we, in our sole discretion, deem appropriate, including but not limited to termination of this Agreement.

Furthermore, we cannot control the information provided to you by Registered Users through the Website. Very rarely is information posted by people offensive, threatening or inaccurate. The information provided is delivered as is and may contain technical inconsistencies or typographical errors.

 

B. The Website may contain links to external websites that are not under our control. We are not responsible for the content of these websites or for any links that may be contained in these external sites.

 

7. Relationship and Obligations of the Parties

A. This site provides RELATIONSHIP SERVICES for Registered Users, including you, other Users and Workers. All parties are independent of the site with respect to matters outside this Agreement. Registered Users shall not be considered employees, agents or partners of the Platform and nZui shall not be considered an employer, agent, or partner of Registered Users.

 

B. You understand that we will act merely as a matchmaker between you and the Worker. We are not responsible for ensuring the accuracy, completion, and performance of the tasks you request from Workers.

 

C. You agree that we, in providing all of its services, shall not be considered an employer. You agree and understand that we shall not be bound by any employment contract between you and any Worker, if such a contract exists. We are not responsible for and do not control the manner in which Workers operate, and we are not involved in and do not control the hiring process and working conditions. We do not provide any materials or support to the Worker to complete the project for which you hired them. Any problems, complaints or questions regarding the work environment, performance or other agreement between you and the Worker must be resolved by you and the Worker you hire.

 

D. We are not responsible for the accuracy of the information posted by users of the site, whether publicly in their profile, privately in their account or in their private messages. It is the responsibility of the Workers and Project Owners / Clients to verify the information before concluding a sale, a purchase, a service or any other commercial transaction. We cannot be held responsible in case of publication of erroneous or fraudulent information by one of the Users of the Site.

 

E. By registering on this site as a Worker, you agree to be constituted in a legal structure (company, portage or other) allowing you legally to perform and sell the services you offer.

 

F. You agree to comply with all applicable laws regarding employment discrimination, taxes, payroll taxes and duties in your jurisdiction. You agree not to hold us liable for any violation or noncompliance by you of such statutes or laws.

 

8. Payments

A. We collect payments for several types of services offered on our Site: subscriptions, commissions and visibility options. These services begin immediately, from the moment the Customer’s payment is made and validated by the Site. Therefore, by using our Site to make these purchases, you can immediately take advantage of the services ordered and you explicitly waive any right of withdrawal.

 

You agree and understand that we may change its rates at any time.

B. Payment of commissions occurs after the completion deadline OR the delivery date indicated by the Provider has been reached OR after the Worker has been evaluated by the Project Owner. The Worker is invited to pay the commission as soon as one of these conditions is validated. He has 7 days to pay the commission. Without payment of the commission, the possible evaluation that he will have received will not be displayed and his account can be suspended.

C. We will provide you with an electronic invoice, for the payment of the services provided (Matching, subscription, commission).

D. Invoices for services ordered from Workers must be provided directly by the Workers who have validated the order.

E. You are responsible for payments. We are not a payment intermediary and cannot be held responsible for any failure on the part of either party.

F. We reserve the right to refund or not refund commissions depending on the situation. Users acknowledge nZui’s authority to decide whether or not to refund commissions. Workers acknowledge that getting a partial payment in advance for a project is a security to have your commission refunded or offset by said payment. To avoid abuse, you understand and agree that the refund of a commission will be made exclusively in the form of a credit note and not a cash refund.

9. WARRANTIES

A. Each party warrants that it has the right, full power and authority to accept this Agreement.

B. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE QUALITY AND FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, AND THAT USERS WILL NOT VIOLATE THE RULES OF THE SERVICE.

C. WE DO NOT WARRANT THAT (i) THE SERVICE WILL PERFECTLY MEET YOUR EXPECTATIONS (ii) THE SERVICE WILL BE UNINTERRUPTED, OPPORTUNITY, SECURE OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EXACT AND RELIABLE (iv) THE QUALITY OF ANY SERVICES, (iv) THE QUALITY OF ANY SERVICES, INFORMATION PURCHASED OR OBTAINED BY YOU ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) DEFECTS IN THE SOFTWARE USED, IF ANY, WILL BE CORRECTED.

D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NZUI OR IN THE COURSE OF USING THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

10. Limitation of Liability

A. In no event shall we be liable for any damages of any kind, whether direct or indirect, special, punitive or consequential, arising out of access to or use of this Site or any information contained on this Site. This excludes all types of damages, including lost profits, whether related to the parties or not, whether arising in contract or out of contract (including negligence or fraud), or whether arising from service liability, even if We have been advised of the possibility of such damages.

B. Our contracts with our suppliers, including that of our host, imply that they may perform emergency or scheduled maintenance at any time. We are not responsible for the unavailability of the Website caused by our providers’ performance or lack of maintenance performance to keep the Website functional. Also, we will not be responsible for any loss of data or transaction resulting from the delay, non-delivery or mis-delivery of our services.

 

11. Act

We have the right to transfer or assign this Agreement to any other person or entity without your consent. You may not transfer or assign this Agreement to any person or entity without our prior written consent.

 

12. Common Provisions

The Agreement is entered into intuitu personae between us and the User. The rights and obligations hereunder may not be assigned, in whole or in part, to third parties, except in the event of a merger or acquisition. Our failure to exercise or enforce any right or provision of the Agreement shall not be deemed a waiver of such right or provision. The limitations and exclusions set forth in the Terms and Conditions shall apply to the User if and to the extent permitted by French law. Any part or all of a provision of the Agreement that is held to be unenforceable or illegal shall be severed from the Agreement and shall not affect the enforceability of the remaining provisions of the Agreement. The Parties agree to replace any provision of the Contract found to be unenforceable or illegal with a provision of equivalent economic effect. Any dispute relating to the performance or interpretation of the Contract shall, according to the jurisdiction, be under the exclusive jurisdiction of the Court of First Instance of Douala. Cameroonian law shall apply and the language of proceedings shall be French. The Agreement contains the entire agreement between us and the User with respect to the Site and the services offered therein, to the exclusion of any prior agreement.