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Legal

Terms and Conditions

scope of operation

1. Ayudahub operates with a digital platform called the “Ayuda App” to enable customers/users request for services.

2. Customers can make both Flex and Premium requests on our Ayuda App digital platform.

3. Services are rendered to our clients in domestic, Commercial, Industrial and Professional environments.

4. If a Customer accepts an Offer on the Ayuda Platform, a Service Contract is created between the Service Provider and the Customer (Flex).

5. Once we assign a service provider to your request, a service contract is established.

6. Service providers and customers can mutually suspend an on-going request and resume on date and time due.

7. Upon creation of the Service Contract, Ayudahub has rendered Ayuda Services and the Service Fee is due and payable.

8. Once the Services are complete, the Service Provider must provide notice of that on the Ayuda Platform.

9. After the Service Contract is completed, the user reviews and provides ratings for the Services on the Ayuda Platform.

Ayuda's role and obligations

1. Ayudahub provides the Ayuda Platform only, enabling Customers to publish service requests and for Service providers to be assigned to the requests or allowing Service providers to make offers to such requests.

2. Ayudahub only permits individuals over 18 years of age to become Users of the Ayuda Platform.

3. Users must be natural persons, but can specify within their account description that they represent a business entity.

4. At its absolute discretion, Ayudahub may refuse to allow any person to register or create an account with Ayudahub or cancel or suspend any existing account.

5. Registering and creating an account with Ayudahub is free. There is no charge for a Service Request to post request, or for other Ayudahub Users to review content on the Ayuda Platform, including Service requests.

6. Ayudahub accepts no liability for any aspect of the Customer and Service Provider interaction unofficially, including but not limited to the description, performance or delivery of Services.

7. Ayudahub has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users of the Platform, including, but not limited to, the ability of Service Providers to perform services or supply items, or the honesty or accuracy of any information provided by Customers or the Customers' ability to pay for the Services requested.

8. Except for liability in relation to any Non-excludable Condition, the Ayudahub Service is provided on an "as is" basis, and without any warranty or condition express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

9. Ayudahub has no obligation to any User of the App to assist or involve itself in any dispute between Users of the App, although may do so to improve User experience.

User Obligations

You will at all times:

1. comply with this Agreement (including all Policies) and all applicable laws and regulations;

2. only input accurate information on the Ayudahub Platform;

3. promptly and efficiently perform obligations to other User under a Service Contract; and

4. ensure that you are aware of any laws that apply to you as a Customer or Service Provider, or in relation to using the Ayuda Platform.

5. You agree that any content (whether provided by Ayudahub, a User or a third party) on the Ayuda Platform may not be used on third party sites or for other business purposes without Ayudahub's prior permission.

6. You must not use the Ayuda Platform for any illegal or immoral purpose.

Service provider obligations

1. The Service Provider must:

1.1. provide Services to Customers in accordance with the Service Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User of the platform and a third party or by any of our Policies;
1.2. provide Services to Customers in accordance with the Service Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User of the platform and a third party or by any of our Policies;
1.3. not, when rendering Services, charge a Customer any fees on top of the Service Provider Funds. However, the parties to a Service Contract may agree to amend the Agreed Price through the Ayuda Platform with the supervision and tacit approval of Ayudahub;
1.4. not request payments outside of the Ayudahub Platform from the Customer except to the extent permitted by clause 3.13 and only if the Ayuda Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 3.13.
1.5. If Ayudahub determines at its sole discretion that you have breached any obligation under this clause 3, it reserves the rights to remove any content, Service Requests or Offer you have submitted to the Ayuda Service or cancel or suspend your account and/or any Service Contracts.

Fees (Service Providers)

1. Upon the creation of a Service Contract, the service provider Compensates Ayuda Hub with a commission. The compensated commission will automatically be deducted from the Agreed Labor charge held in the Escrow Account.

2. If the Service request requires a Service Provider to incur additional cost at the completion stage of a service contract, the service provider would have to request for an additional invoice from Ayuda Hub Limited.

3. All Commissions payable to AyudaHub Limited are non-refundable unless otherwise determined by AyudaHub Limited.

Fees (Users)

1. Ayuda Hub may restrict a Service Request until call-out-fee has been paid. (Premium Services).

2. Call-out fee is not applicable to flex services, however Service charges must be paid in full before work would commence

Payment policy

1. Only valid payment methods acceptable to AyudaHub may be used for payment (cheque, visa card, mobile money, Bank transfer) and all refunds will be credited back through the same Account.

2. If your visa card or transactional account is not verified or valid, your request may be suspended/cancelled by AyudaHub until otherwise rectified.

3. All prices and availability of products and services are subject to change without notice.

4. AyudaHub takes no responsibility for wrong account information provided by client.

refund policy

1. AyudaHub limited may refund fully or partially to clients when the following applies;

1.1. If the Customer and the Service Provider mutually agree to cancel the Service contract there would be a full refund. However if any of the parties disagree to the cancellation, the disagreeing party would raise a concern which would be determined by AyudaHub Limited, whether to refund fully or partially.
1.2. If reasonable attempts made by a Customer to contact a Service Provider to perform the Service Contract fails, there would be a Full refund.
1.3. If Service Provider suspends on-ongoing Contract without an acceptable reason there would be a Full refund.
1.4. Service request which is cancelled five (5) hours to due time within a 24hr schedule would be refunded in its entirety.
1.5. Service request which is cancelled after Five (5) hours to due time within a 24hrs schedule would be refunded by 50% of service charge.
1.6. Cancellation of future request which is done before 24hrs to due time would be refunded in its entirety.
1.7. Cancellation of future request which is done 24hrs to due date, would be refunded by 50% of service charge.

2. If a project is delayed at the request of a client, due to client’s internal processes, AyudaHub will not be responsible for any additional costs incurred by the delay.

3. No refund is offered for any cancellation within 2 hours to due time.

4. We reserve the right to change this payment, refunds policy terms and conditions at any time. Any such changes will take effect when posted on the website.

5. Refunds are not applicable in the following events;

5.1. Call-out-fee
5.2. Products and predetermined maintenance services.
5.3. Constant attempt of Service provider to reach clients.

6. Upon the fulfillment of this policy, refund would be made partially or fully based on the mediation process of AyudaHub limited. Money would be refunded into Clients transactional Account.

7. Refunds typically takes Fourteen (14) working days.

tokens

1. Tokens on the Ayuda App are rewarded to customers and service providers and is credited to their Wallet after work completion.

2. Service Providers are credited tokens whenever they recommend clients to make a product request.

3. Clients are credited with tokens whenever they make either a service, product, or invoice request.

4. Accumulated Tokens can be used by Clients to pay for a new service request only.

5. Credited tokens to the Service provider’s account, can be redeemed in Cash.

6. Credited tokens to users cannot be redeemed in Cash.

business partners

1. AyudaHub may enter into agreements with Business Partners and may seek to engage Service Providers in the provision of Business Services. Service Providers who agree to perform Business Services for Business Partners acknowledge and agree that AyudaHub and the Business Partner may on-sell Services supplied to third parties for an increased fee.

2. Business Partners may require Service Providers providing Business Services to be approved or hold particular qualifications. AyudaHub may assist Business Partners to locate suitably qualified Service Providers. AyudaHub makes no warranty that it will promote any or all suitably qualified Service Providers to Business Partners.

3. Business Partners may require Service Providers to enter into a Business Partner Contract before providing Business Services.

4. Where a Service Provider accepts a service request with a Business Partner:

4.1. the Service Provider must provide Business Services to the Business Partner in accordance with the Service Contract and any applicable Business Partner Contract; and
4.2. the terms of the Business Partner Contract will prevail to the extent of any inconsistency.

payment facility

1. AyudaHub may use an Escrow Provider to operate the Escrow Account.

2. In so far as it is relevant to the provision of the Escrow Account that is incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Escrow Account.

3. If AyudaHub changes its payment provider or Escrow Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.

Badges and and verification

1. AyudaHub may use Identity Verification Services.

2. You agree that AyudaHub Identity Verification Services may not be fully accurate as all AyudaHub Services are dependent on User-supplied information and/or information or verification services provided by third parties.

3. You are solely responsible for identity verification and AyudaHub accepts no responsibility for any use that is made of an AyudaHub Identity Verification Service.

4. AyudaHub Identity Verification Services may be modified at any time.

5. The Ayuda Platform may also include a User-initiated feedback system to help evaluate Users.

6. AyudaHub may make competency cards available to Service Providers. The available Cards can be requested by the Service Provider via the AyudaHub Platform, and arranged on behalf of the Service Provider and issued by AyudaHub, for a fee. Obtaining competency cards may be subject to the provision of certain information or documentation by the Service Provider and determined by AyudaHub or a third party verifier subject to its terms.

7. You acknowledge that Competency cards are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent you relied on a card in entering into a Service Contract, you do so aware of this limitation. You should seek to verify any card with the Service Provider through the confirmation of service code prior to commencing the task.

8. It remains the Service Provider’s responsibility to ensure that information or documentation it provides in obtaining a Competency card is true and accurate and must inform Ayudahub immediately if a competency card is no longer valid. 10.9 Ayudahub may, at its discretion, issue cards to service providers for a fee.

9. The issue of a Card to a Service Provider remains in the control of Ayudahub and the display and use of a card is licensed to the Service Provider for use on the Ayuda Platform only. Any verification obtained as a result of the issue of a Card may not be used for any other purpose outside of the Ayuda Platform.

10. Ayudahub retains the discretion and right to not issue, or remove without notice, a Competency Card if You are in breach of any of the terms of this Agreement, the Card has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Ayudahub.

Insurance

1. Ayudahub may offer its Users an opportunity to obtain insurance for certain Task Contracts. All such insurance will be offered by a third party. Ayudahub confirms that all insurance policies are Third Party Services and subject to further

2. Ayudahub does not represent that any insurance it acquires or which is offered via the Ayuda Platform is adequate or appropriate for any particular User (customers and service providers).

3. Each User must make its own enquiries about whether any further insurance is required.

4. Ayudahub may also take out other insurance itself and that insurance may at Ayudahub's option extend some types of cover to Users (customers and service providers). Ayudahub reserves the right to change the terms of its insurance policies with the third-party insurance providers at any time. A summary of the policies are available on the Ayudahub website and the policy details can be requested via Ayudahub. Users are responsible for familiarizing themselves with these details.

5. Services are insured if inconveniences or faults occur from the side of our service providers to compensate our customers and faults caused by customers will also not be covered by our insurance.

feedback

1. You can complain about any comment made on the Ayuda App Platform using the 'complaint' function on the Ayuda App or contact Ayudahub via the Ayuda Platform/contact telephone and mobile numbers.

2. Ayudahub is entitled to suspend or terminate your account at any time if Ayudahub, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other Ayuda Users.

Health, Safety and Environmental (HSE) Policy

The aim of this policy is to ensure that all employees are safe from risks to injury, ill health and prevent environmental pollution whilst in the workplace. It also aims to ensure a safe working environment.

It will also support enforcement of good health, safety and environmental performance and to eliminate repeated or continuing health, safety and environmental violations by the use of appropriate corrective and disciplinary measures.

1. AYUDAHUB Limited is committed to implementing health, safety and sustainable environmental practices across the business. We are firmly committed to the provision of a safe and healthy working environment for our employees, clients, subcontractors and the general public to prevent injury, ill health accidental loss of life and property and pollution to the environment. Our people are our most valuable assets. Protecting them and the environment is our major concern.

2. Management recognizes that this commitment will only be achieved with positive leadership, the provision of necessary resources and continued pursuit of best industry practice in occupational health and safety and environmental management. We also accept that effective implementation of Health, Safety and Environment Programme is a management responsibility. We will therefore actively encourage all our stakeholders to support and co-operate with policy guidelines outlined below to ensure a healthy, safe and an environmentally friendly operation.

3. The company will ensure continual improvement of Health, Safety, wellbeing and environmental requirements and in compliance with legislative requirements in Ghana and other requirements including international standards. We expect every employee to accept personal responsibility for promoting the safety, health, wellbeing and environmental practice of themselves and those involved in, or affected by the companies' activities.

policy guidelines

Management of AYUDAHUB Limited in pursuance of the above policy will:

1. Ensure compliance to local regulations, our own requirements and International Standards as a minimum requirement.

2. Work towards a safe and reliable operation through regular identification and management of hazards that could compromise the environment of Stakeholders.

3. Develop competencies and maintain a well-trained, conscious and committed workforce through effective communication, and recognition of employee commitment to environmental obligations.

4. Comply with environmental regulations as a minimum standard.

5. Learn from best practices and make efforts to incorporate internationally accepted industry specific practices into our programme, practices and procedures.

6. Provide resources for setting and maintaining the highest standards reasonable, practicable and ascertainable.

7. Audit our operations and business practices at regular intervals to assess environmental performance against best industry standards.

8. Identify risks and hazards to eliminate and prevent work related injury and ill health for both employee and other interested parties including Service Providers and visitors. Identify impacts to decrease the use of natural resources and prevent any pollution to the environment.

modifications to the agreement

1. Ayudahub may modify this Agreement or the Policies (and update the Ayudahub pages on which they are displayed) from time to time. Ayudahub will send notification of such modifications to Your Ayudahub account or advise you the next time you login.

2. When you actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Ayudahub Platform in any manner, including engaging in any acts in connection with a Service Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 21 days after they are initially notified to you.

3. If you do not agree with any changes to this Agreement (or any of our Policies), you must either terminate your account or you must notify Ayudahub who will terminate Your Ayuda App account, and stop using the Ayuda App Service.

no agency

1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular you have no authority to bind Ayudahub, its related entities or affiliates in any way whatsoever. Ayudahub confirms that all Third Party Services that may be promoted on the Ayuda Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Ayudahub specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of such Third Party Service.

termination

1. Either You or Ayudahub may terminate your account and this Agreement at any time for any reason.

2. Termination of this Agreement does not affect any Service Contract that has been formed between Ayudahub Users. If you have entered a Service Contract, you must comply with the terms of that Service Contract including providing the Services or paying the Agreed Price as applicable.

3. Third Party Services are subject to Third Party Service provider terms and conditions. Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.

4. If your account or this Agreement are terminated for any reason then you may not, without Ayudahub's consent (in its absolute discretion), create any further accounts with Ayudahub and we may terminate any other accounts you operate.

general

1. This Agreement is governed by the laws of the Republic of Ghana. You and Ayudahub submit to the exclusive jurisdiction of the courts of law in Ghana.

2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

3. This Agreement may be assigned or novated by Ayudahub to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.

4. This Agreement sets out the entire understanding and agreement between Users (customers and service providers) and Ayudahub with respect to its subject matter.

5. Revised November 2018 copyright Ayudahub2018.

commencement date and term

1. The Service Contract is created when the Customer accepts the Service Provider’s Offer on a Service Request to provide services (Ayuda Flex)

2. The Service Contract is created when Customer makes a service request and Ayuda assigns a service provider to the request.

3. the service Contract is created when Customer makes a service request and an invoice is generated by the Ayuda Platform for acceptance from the Customer.

4. fixed term contract is created when a customer accepts to make payments through other processes ie. cheque, cash etc. other than the payment platforms in the Ayuda App for services over a defined period to be determined by Ayudahub and the third party(Postpaid clients)

services

1. The Service Provider will perform Services in a proper and workmanlike manner.

2. The Service Provider must perform the Services at the time and location agreed by AyudaHub Limited.

3. The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Service Contract.

warranties

1. Each party warrants that the information provided in the creation of the Service Contract is true and accurate.

2. The Service Provider warrants that he/she has the right to work and provide Services and hold relevant certification and licenses in Ghana.

payment or cancellation

1. Upon the creation of the Service Contract, the Customer must pay the Agreed Price into the Escrow Account

2. If the parties agree to cancel the Service Contract, or the Customer is unable to contact the Service Provider to perform the Service Contract, the Service Provider can cancel/suspend and raise an issue.

disputes

1. If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).

termination of contract

the contract will terminate when:

1. the Services are completed and the Agreed Price is released from the Escrow Account;

2. a party is terminated or suspended from the Ayudahub Platform, at the election of the other party

application of policies

1. The parties incorporate by reference the applicable Policies

governing law

1. The Task Contract is governed by the laws of the Republic of Ghana. The parties submit to the exclusive jurisdiction the Ghanaian legal regime.

Ayudahub Glossary

1. "Agreement" means the most updated version of the agreement between Ayudahub and Users of the Ayuda App

2. "Agreed Price" means agreed price for Services (including any variation) paid into the Escrow Account made by the Customer but does not include any costs incurred by the Service Provider when completing Services which the Customer agrees to reimburse.

3. "Ayudahub" "we" "us" "our" means Ayudahub (GH.) Limited GM - 014 - 2370.

4. "Ayuda Competency Card" means a card that may be issued to a service provider based on the service provider meeting certain qualifications as determined and set by Ayudahub Limited.

5. "Ayudahub Platform" means the Ayudahub website https://www.ayudahub.com/, Ayuda smartphone app, and any other affiliated platform that may be introduced from time to time.

6. "Ayudahub Service" means the service of providing the Ayuda Platform.

7. "Badge" means an Ayuda Badge and Verification Icon.

8. "Business Day" means a day on which banks are open for general business in Accra, Ghana, West Africa other than a Saturday, Sunday or public holiday.

9. “Ayudahub GH. Limited” means the company providing the Platform for the Ayuda App services.

10. “Ayuda App” means the App in IOS and or Android form.

11. "Business Partner Contract" means a contract between a Business Partner and a Service Provider to perform Business Services.

12. "Business Partner" means the business or individual that enters into an agreement with Ayudahub to acquire Business Services through the Ayuda Platform.

13. "Business Services" means Services provided by a Service Provider to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).

14. "Cancellation Admin Fee" means the Fee payable by a Customer for cancelling a Service Contract.

15. Consequential Loss" means any loss, damage or expense recoverable at law:

15.1. other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
15.2. which is a loss of
1. 15.2.1. opportunity or goodwill;
2. 15.2.2. profits, anticipated savings or business;
3. 15.2.3. data; or
4. 15.2.4. value of any equipment, and any costs or expenses incurred in connection with the foregoing

16. "Service Insurance" means all services provided for by Ayudahub through the Ayuda Platform are insured by Ayudahub or its related bordies corporate or an insurance provider.

17. "Escrow Account" means the escrow account.

18. "Escrow Provider" means an entity that manages the Escrow Account (which may include Ayudahub or its related bodies corporate).

19. "Fees" means all fees payable to Ayudahub by Customers and Servicers Providers including the Service Fee.

20. "Identity Verification Services" means the tools available to help Customers to verify the identity, qualifications or skills of other service providers including mobile phone verification, verification of payment information, References, integration with social media, Ayudahub Badges and Verification Icons.

21. "Marketing Material" means any updates, news and special offers in relation to Ayudahub or its Third Party Services.

22. "Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.

23. "Offer" means an offer made by a service provider in response to a service request to perform the Services.

24. "Personal Information" has the same meaning as described in the Privacy Policy.

25. "Policies" means the policies posted by Ayuda on the Ayuda Platform, including but not limited to the Privacy Policy and local government laws.

26. "Customer" means a User that requests on the Ayuda Platform in search of particular Services.

27. "Service requests" means the Customer's request for services, and includes the deadline for completion, price and description of the Services to be provided.

28. "Privacy Policy" means the privacy policy which is available at https://ayudahub.com/privacy.

29. "Service Fee" means the fee payable by the Service Provider to Ayudahub as consideration for the Ayuda Services (and comprised as part of the Agreed Price) displayed to a Service Provider prior to entering into each Service Contract.

30. "Services" means the services to be rendered as described in the Service requests, including any variations or amendments agreed before or subsequent to the creation of a Service Contract.

31. "Site" means the website at https://www.ayudahub .com/.

32. “Toll free number” is a customer service number available to all users of the Ayuda platform. Which is free to all networks.

33. “Service code” is a unique service number for every service request made in the Ayuda App as a peculiar reference number.

34. "Competency card" means the physical card issued to every Service provider after completing the Ayuda Training to validate Service Providers eligibility to provide services through the Ayuda Platform.

35. "Service Contract" means the separate contract which is formed between a Service Provider and Ayudahub for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Service Contracts.

36. "Service Provider" means a User who provides Services to Customers.

37. "Service Provider Funds" means the Agreed Price for customers less the Service Fee.

38. "Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.

39. "Third Party Service" means the promotions and links to services offered by third parties as may be featured on the Ayuda Platform from time to time.

40. "User" or "You" means the person who has signed up to use the Ayuda Platform, whether as the Customer, Service Provider, or otherwise.

41. "Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Ayuda Platform to confirm details such as a User's qualification, license, certificate or other skill.

Rules of Interpretation

In the Ayuda Agreement and all Policies, except where the context otherwise requires:

1. the singular includes the plural and vice versa, and a gender includes other genders;

2. another grammatical form of a defined word or expression has a corresponding meaning;

3. a reference to a document or instrument includes the document or instrument as innovated, altered, supplemented or replaced from time to time;

4. a reference to GHS, Ghana Cedis or ¢ is to Ghanaian currency;

5. a reference to time is to the time in Accra, Ghana;

6. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

7. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

8. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;

9. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.