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ayudahub limited
terms and conditions

ayudahub mandate

1. Ayudahub operates with a digital platform called the “Ayuda App” which enables Customers/Users to request for services.

2. Ayudahub provides two forms of services

2.1. Premium Services (Ayuda premium) is an express priority portal where service requests are assigned to service providers by Ayudahub and non-negotiable payment are made when tasks is executed.
2.2. Flex Services (Ayuda flex) is a flexible service portal where service providers can see and negotiate job offers from customers and commence work when offer is accepted.

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

4. Services which are rendered to our clients across the various sectors are categorized into

I. Domestic
II. Commercial
III. Industrial
IV. Professional

Service Providers are Users be it individuals or organizations including but not limited to artisans who provide Services to Customers.

5. If a Customer accepts an offer on the Ayuda Platform and makes payment, it is assumed that a Service Contract is created between the Service Provider and the Customer (Ayuda Flex).

6. Once Ayudahub assigns a Service Provider to provide service upon request by a customer, it is deemed that a Service Contract is established (Ayuda Premium).

7. Upon creation of the Service Contract, the User must pay the agreed amount into Ayuda’s Escrow Account that will be provided.

8. Service Providers and Customers can suspend an ongoing request and resume on a new set date and time.

9. This suspension must be mutually agreed. If there are any disagreements by either party during the suspension, necessary penalties will be applied.

10. These penalties will be determined by Ayudahub and both parties are bound to abide by it.

11. Once the Services are completed, the Service Provider must serve notice of completion of work on the Ayuda Platform.

12. After the Service Contract is completed, the parties (customer and Service Provider) are under obligation to review and prove the feedback immediately on the Ayuda platform. Parties should pay regard to the fact that, Service Providers can only receive payment, after the review and feedback is completed. Hence, we encourage a high level of urgency with regards to the aforementioned.

scope of operations

1. Ayudahub exclusively provides the Ayuda platform, which allows clients to post service requests and have service providers assigned to them, or for service providers to make offers in response to such requests.

2. Ayudahub only permits individuals over 18 years to enter into contractual agreement on the Ayuda App.

3. Ayudahub may disallow any person to register or create an account with Ayudahub or cancel or suspend an existing account and Ayudahub is not obliged to give any reason.

4. Registering and creating an account with Ayuda App is free. There is no charge if Customer/User post request or review content on the Ayuda Platform, including Service requests.

5. 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.

6. 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 or the honesty or accuracy of any information provided by Customers or the Customers' ability to pay for the Services requested.

7. Ayudahub will assist or involve itself in dispute resolution between Customers and Service Providers should it occur. The resolution process may take the form of mediation, arbitration, negotiation etc.

user obligations

User obligations refers to the actions and duties that are expected of individuals who sign up as a customer or as a Service Provider on the Ayuda Platform

1. CUSTOMER OBLIGATIONS

You will at all times;

1.1. comply with this Agreement (including all Policies) and all applicable laws and regulations.
1.2. only input accurate information on the Ayuda App.
1.3. promptly and efficiently perform obligations to Ayudahub when there is a valid contract between the parties.
1.4. ensure that you are aware of any laws that apply to you as a customer, in relation to the Ayuda Platform.
1.5. 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.
1.6. desist from using the Ayuda Platform for any illegal or immoral purpose.
1.7. maintain control of your Ayuda App account at all times. This includes not allowing others to use your account, or by transferring or selling your account or any of its content to another person.
1.8. Ayuda App may from time to time encourage location-based or map-based functionality. The Ayudahub platform may display the location of Service Providers and end-Users.

2. SERVICE PROVIDER OBLIGATIONS

The Service Provider;

2.1. must provide Services to Customers in accordance with the Service Contract, unless the services are prohibited by laws of the country, this Agreement, an agreement between the customer of the platform and a third party or by any of our policies.
2.2. must not charge a Customer any fees in addition to the agreed-upon service charge when rendering a service. 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.
2.3. must not request payments outside of the Ayudahub Platform from the Customers except to the extent permitted by this Agreement and only if the Ayuda Platform does not facilitate the reimbursement via the Ayuda payment platform.
2.4. must not breach any obligations under this Agreement. Ayudahub at its own discretion reserves the rights to remove any content, service requests or offer you have submitted to the Ayuda Service Requests or cancel or suspend your account and/or any Service Contracts.

fees

1. SERVICE PROVIDERS

1.1. 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 AyudaHub Limited.
1.2. All Commissions payable to Ayudahub Limited are non-refundable unless otherwise determined by Ayudahub Limited.

2. USERS

2.1. Ayudahub may restrict a Service Request until call-out-fee has been paid. (Premium Services).
2.2. Call-out fee is not applicable to flex services; however, cost of service provided, must be paid in full and negotiated before work commences.
2.3. If Ayudahub introduces a new service on the Ayuda Platform (Flex or Premium Services), the Fees applying to that service will be payable as of the launch of that service.

payments, disbursements and refunds

1. PAYMENT POLICY

1.1. Payment would be made to service provider after three working days after completion of work. Only valid payment methods prescribed by Ayudahub may be used for payment (cheque, visa card, mobile money, bank transfer) and all refunds will be credited back through the same account.
1.2. If your visa card or transactional account is not verified or valid, your request may be suspended/cancelled by Ayudahub until otherwise rectified.
1.3. All prices and availability of products and services are subject to change without notice.
1.4. Ayudahub takes no liability for any inaccurate account i.e., visa, mobile money, bank and information provided by clients and service providers in terms of payment.

2. REFUND

2.1. Refund is the amount reversed to customers, less transactional charges (payment platform charges of 4%).
2.2. Full Refund: Is the full reversal to less payment platform form charges of 4%
2.3. Partial Refund: Is the partial refund to customers less payment platform charges of 4%
2.5. Refund typically takes 14 working days.
2.6. Refund would be made partially or fully based on the mediation process of Ayudahub limited. Funds will be made available and refunded into customers transactional accounts.

We reserve the right to change this payment, refunds policy & terms and conditions at any time. Any such changes will take effect as and when it has become necessary. Changes will reflect on our website.

3. REFUND POLICY

3.1. Ayudahub limited may refund fully or partially to clients when the following applies;
1. (a) the Customer and the Service Provider mutually agree to cancel the Service contract there would be a full refund.
2. However, if any of the parties disagree to the cancellation and service provider has moved to site already or part of the work has been executed before concerns are raised by the customer, a partial refund will be granted the customers
3. (b) For Flex services, if reasonable attempts are made by a customer to contact a Service Provider to perform the Service Contract fails, there would be a full refund. In the case of premium services, however, customers must direct their concerns to Ayudahub for amicable resolutions as opposed to the service providers.
3.2. Refund policies applicable to both Premium services and Flex services
1. (a) If Service Provider suspends on-ongoing Service Contract without an acceptable reason, there would be a Full refund to customers.
2. (b) Service request which is cancelled five (5) hours to due time within a 24hr schedule, funds would be refunded in its entirety (less 4% transactional charges).
3. (c) Service request which is cancelled after Five (5) hours to due time within a 24hrs schedule would be refunded by 50% of service charge.
4. (d) Cancellation of future request which is done before 24hrs to due time would be refunded in its entirety less 4% transactional charges).
5. (e) Cancellation of future request which is done 24hrs to due date, would be refunded by 50% of service charge.
3.3. 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.

4. REFUND EXPECTATIONS

Refunds are not applicable in the following events;

4.1. Call-out-fee; fixed service charge for assessment (Premium Service).
4.2. Products and predetermined maintenance services.

5. REFUND PROCESS

5.1. Upon the fulfillment of this policy, refund would be made partially or fully based on the mediation process of Ayudahub limited. Funds would be refunded into Clients transactional Accounts.
5.2. Refunds typically takes seven (7) working days.

6. TOKENS

6.1. Tokens on the Ayuda App is rewarded to Customers and Service Providers and is credited to their Wallet after work completion.
6.2. Service Providers are credited tokens whenever they recommend clients to make a product request.
6.3. Clients are credited with tokens whenever they make either a service, product, or invoice request.
6.4. Accumulated Tokens can be used by Clients to pay for a new service request only.
6.5. Credited tokens to the Service Provider’s account, can be redeemed in Cash.
6.6. Credited tokens to Users cannot be redeemed in Cash.

7. PAYMENT FACILITY

7.1. Ayudahub may use a Payment Provider to operate the Escrow Account.
7.2. 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.
7.3. If Ayudahub changes its payment 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.

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.

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

3.1. The Service Provider must provide Business Services to the Business Partner in accordance with the Service Contract and any applicable Business Partner Contract. In accordance to Ayuda business practices
3.2. The terms of the Business Partner Contract will prevail to the extent of any inconsistency.

badges & 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 of 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.

feedback

1. You can lodge complaints on the Ayuda App using the 'complaint' option or contact Ayudahub via the 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.

modifications to the agreement

1. Ayudahub may modify this Agreement or Policy (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.

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 which bind Ayudahub, its related entities or affiliates in any way whatsoever.

2. 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 Amount as applicable.

3. Third Party Services are subject to Third Party Service Provider terms and conditions.

4. If your account or this Agreement is 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.

companies act, 2019 (legal proceedings)

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.

commencement date and termination

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. (Ayuda Premium).

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

4. The fixed term contract is created when a customer accepts to make payments through other processes i.e., cheque, cash etc. other than the alternative options on the payment platform 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 upon.

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 amount into Ayuda’s 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 Customer can cancel, suspend and raise an issue.

dispute resolution/settlement

1. In the event of dispute between the parties involved, the windows of resolution have to be opened and this includes; settlement, resolution, arbitration. The dispute will be settled within 14 days by informal negotiation.

2. Ayudahub has the right to hold on to any agreed amount that is the subject of a dispute in the Escrow Account, until the dispute has been resolved.

termination of contract/settlement

The Service Contract will terminate when:

1.1. The Services are completed and the Agreed amount is released from the Ayuda Escrow Account
1.2. When any part of the Service Contract is breached, that can also call for outright termination.
1.3. If Service Providers true identities are not disclosed during negotiations (Ayuda Flex) and Ayudahub gets to know at any point, the Service Contract will be terminated.

application of policies

1.1. The parties incorporate by reference the applicable laws of Ghana (Companies ACT, 2019) (ACT 992) as amended.

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. "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.

5. "Ayudahub Service" means the service of providing the Ayuda Platform. *

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

7. "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.

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

9. “Ayuda App” means our Mobile App on IOS or Android devices.

10. "Business Partner Contract" means a contract between a Business Partner and Ayubahub to perform Business Services.

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

12. "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).

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

14. "Consequential Loss" means any loss, damage or expense recoverable by law:

14.1. 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
14.2. Which is a loss of?
14.3. opportunity or goodwill;
14.4. profits, anticipated savings or business;
14.5. data
14.6. value of any equipment,

and any costs or expenses incurred in connection with the foregoing.

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

16. "Escrow Account " means an account wherein funds are held before they are transferred to the ultimate beneficiary.

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

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

19. "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.

20. "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.

21. "Offer" means an offer made by a Service Provider in response to a service request to perform the Services.

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

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

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

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

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

27. "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.

28. "Site" means the website at https://www.Ayudahub .com/.

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

30. "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.

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

32. "Service Provider Funds" means the Agreed Price for Customers less the Service Fee.

33. "Third Party Dispute Service" means a third-party dispute resolution Service Provider used to resolve any disputes between Users.

34. "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.

35. “Token is a motivational tool to encourage customers and service providers as a way of rewarding them.

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

37. "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:

1.1. the singular includes the plural and vice versa, and a gender includes other genders;
1.2. another grammatical form of a defined word or expression has a corresponding meaning;
1.3. a reference to a document or instrument includes the document or instrument as innovated, altered, supplemented or replaced from time to time;
1.4. a reference to GHS, Ghana Cedis or ¢ is to Ghanaian currency;
1.5. a reference to time is to the time in Accra, Ghana;
1.6. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
1.7. 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;
1.8. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions
1.9. 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.