Terms and Conditions

About uuugabuild
uuugabuild is an electronic market place where Sellers can advertise and sell the services of their personnel (ICT Skilled Resources/ services ) to purchasers OR BUYERS who require those services. The nature of the services is limited to the services of personnel on a 'staff augmentation' basis that is, BUYERS buy the services of Seller's personnel to replace, augment or supplement their existing workforce.
While uuugabuild facilitates the advertisement of the services or personnel offered by Sellers, it is not a reseller of the services. It is the responsibility of the relevant Seller to provide the services of individuals in accordance with the Terms of Engagement (see below), and except as specified in the Terms of Engagement, any transaction entered into under these Terms of Use is entered into directly between the Seller and the Buyer.


Your Agreement to these terms
These terms and conditions apply to your use of this website and the uuugabuild. By proceeding to use the website or to offer services for sale or by purchasing services, you must read and agree to the terms and conditions set out below which will operate as a contract between uuugabuild and your organisation (whether you are a Buyer of services or a Seller of services) and the Terms of Engagement will operate as the contractual terms between the Buyer and Seller on which services are sold and purchased. The terms and conditions include our privacy notice.


General Terms applicable between your organisation and uuugabuild
Your use of this website and the uuugabuild Service is subject to the following terms and conditions:

Accounts
In order to conduct transactions on this website, you must open an account join uuugabuild; you can only join uuugabuild once you have accepted this Agreement [sign up as a Buyer / Seller or Agent at www.uuugabuild.com].
You Warrant that All information you provide when opening the account must be true and accurate in all respects. You must be a registered business to use the uuugabuild platform


Transactions
You agree to conduct any transaction for the sale and purchase of services through uuugabuild on these terms and conditions and as between the Buyer and Seller, on the Terms of Engagement. This means that you must not contract with a Seller or Buyer for any service that is advertised on this website without contracting on these terms and conditions with uuugabuild and between Buyer and Seller on the Terms of Engagement.

This means that as a Buyer:

1. if you have identified a person you wish to engage who is advertised as available on uuugabuild, you must not seek to engage that person directly either as an individual or through the Seller who advertised that person services; or

2. if you have engaged a particular person through uuugabuild, you cannot subsequently engage, hire, solicit or in any way contract with that person or the organisation for which he or she works directly for a period of six months once that person ceases to be engaged by you, except through uuugabuild.

This means as a Seller:

1. if you have been approached by a Buyer who has identified a person that they wish to engage who is advertised as available by you on uuugabuild, you must not seek to engage with that Buyer directly for the provision of the services of the person the Buyer has indicated interest in or any person in substitution for that person; or

2. if you have engaged with a Buyer for provision of a particular person through uuugabuild, you cannot subsequently engage, hire, solicit or in any way contract with that Buyer for the services of the person hired for a period of six months once that person ceases working for you as the Buyer, except through uuugabuild; 

3. You agree to pay uuugabuild as fee  (15% of revenue). uuugabuild will pay you the revenue less the uuugabuild fee. Payment runs will be published (run twice per month).

 


This means as an Agent:

1. you will only make professional recommendations to suitable Buyers

2. you will not compete against uuugabuild

3. you will be paid in accordance with the agent schedule

4. you will not directly represent uuugabuild, nor make false representations or warranties

If a Seller or Buyer wishes to re-engage for the provision of the services of a particular person, that person must be re-advertised through uuugabuild. [Generally, you (whether as a Buyer or Seller, or Agent) must not seek to circumvent or manipulate these terms and conditions or in any way to avoid or reduce payments due and payable to uuugabuild.

 

Terms of Engagement
The Terms of Engagement are provided for the benefit of both Buyers and Sellers to establish a fair set of terms and conditions on which Buyers and Sellers may transact. You may not, whether as Buyer or Seller, conduct any transaction entered into under or using this website, on any other terms.
In particular, you acknowledge as Buyer or Seller, the obligation to make payment through uuugabuild and not direct as between Buyer and Seller. For that purpose, only uuugabuild is a party to the Terms of Engagement as payment agent for the purposes of facilitating payment between Buyer and Seller.
uuugabuild will deduct fees payable to uuugabuild for the service provided as a percentage commission payable by the Seller on amounts received from the Buyer.

Content
As a Seller you will provide content directly to the website and for that purpose you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free and sub licensable right to use and reproduce all such content and intellectual property rights contained in that content the purposes of operation of the website and provision of the services offered by it.

As a Buyer, you acknowledge that we have no responsibility for such content including for the accuracy and truthfulness of the content.

Things you must not do
You must not use our website to collect information about individuals without their consent.
You must not publish any information or content on this website which would be offensive, defamatory, obscene or constitute an infringement of any third party owned intellectual property rights.
Any information you provide on this website must be accurate and not misleading or deceptive.

You must comply with our policies including the following:
• privacy policy
• rules for listing
• rules for purchasing
You must not contravene any law and utilise this website or contracting for the provision or purchase of any services offered under this website.

While using the uuugabuild, you will not:
• post content or Services in inappropriate categories or areas on our sites and services;
• infringe any laws, third party rights or our policies.
• use the uuugabuild if you are not able to form legally binding contracts, or are suspended from using the uuugabuild;
• fail to deliver payment for Services purchased by you, unless the Seller has materially changed the Services description after you purchased.
• fail to deliver Services purchased from you, unless the Buyer fails to meet the posted terms or you cannot authenticate the Buyer's identity;
• manipulate the price of any Service or interfere with other users' listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to uuugabuild;
• post false, inaccurate, misleading, defamatory or offensive content (including personal information);
• take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to uuugabuild);
• transfer your uuugabuild account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
• distribute viruses or any other technologies that may harm uuugabuild or the interests or property of uuugabuild users;
• export any uuugabuild tools, uploads and processes except in compliance with the export control laws of any relevant jurisdictions;
• copy, modify or distribute rights or content from the uuugabuild or uuugabuild's copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

What we can do if you do not comply
If you contravene any provisions set out in these terms and conditions or if we are notified by a Buyer or Seller that you have not complied with the Terms of Engagement, uuugabuild may, at its sole discretion, without notice, remove your content, issue a warning, temporarily or indefinitely suspend your account and privileges, terminate your account, prohibit access to the website, take technical and legal steps to prevent use of the website and/or refuse to provide any services to you and, where the breach is, in our view, sufficiently serious:


1. terminate and close your account immediately by written notice to you; or
2. provide notice to you that you have breached the terms and conditions of this website or any Terms of Engagement specifying that breach and requiring you to remedy the breach within a period of time set out in that notice failing which, we may terminate and close your account immediately by written notice to you
3. uuugabuild also reserves the right to Rate and comment on your services, professionalism or conduct

Our Liability
You agree that the service uuugabuild offers under this website is a venue or marketplace for Buyers and Sellers to contract for the provision of individual's services and uuugabuild is not involved in the actual transaction between Buyers and Sellers except as payment agent to facilitate payment and accordingly, uuugabuild is not responsible for and does not:
1. guarantee or warrant the accuracy or truthfulness of any information provided by any Seller with respect to any person advertised on this website or that such person can be provided by the Seller;
2. guarantee or warrant that a Buyer will pay for the services provided by a Buyer;
3. have any obligation to enforce and obligation established between the Buyer and Seller under the Terms of engagement or otherwise.

You also acknowledge and agree that we do not guarantee uninterrupted service and this website may be removed or rendered inoperable at our absolute discretion at any time should we deem it necessary or desirable.

We may by written notice posted on this website, discontinue the operation of this website permanently should be determined that commercially, the service should not continue to be provided.

To the maximum extent permitted by law, uuugabuild excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with this website, the content or the use or performance of the website or the services offered.

If you have a dispute with any Buyer or Seller, you release us (and our officers, directors, agents and employees) from any claim, demand, damage every kind and any costs (including legal costs) which you may suffer or incur in connection with any such dispute.

You agree to indemnify uuugabuild and its officers, agents and employees in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment (including legal expenses (on a full indemnity basis) arising from or relating to:
• your use of the uuugabuild website or any content you submit through the website;
• a breach of these and conditions by you, your employees or agents;
• a breach of any applicable law by you, your employees or agents; or
• any action against uuugabuild by a third party as a consequence of any of the above.

To the full extent permitted by law, all warranties, conditions, guarantees, terms, representations and undertakings, other than as expressly set out in these terms and conditions, whether express, implied or verbal, statutory or otherwise, and whether arising under these terms and conditions or otherwise, are hereby excluded including, without limitation, the implied guarantees or warranties of merchantability, non-infringement and fitness for a particular purpose provided that, to the extent that any such provision cannot be excluded and is implied into this Agreement uuugabuild’s liability is limited to the re-provision of such services or the cost of providing such services.

Other Websites linked to this Website
This website may contain links to other websites. uuugabuild is not responsible for the content or availability of, and does not endorse, any outside websites or resources linked to or referenced on this website.

uuugabuild does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that uuugabuild is not responsible or liable for, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, Services or services available on or through any such Websites or resources.

Disputes
Buyer and Seller are initially to sort out any discrepancies. Resource is limited to 10 days (per resource unit) and has no lock in contract. If any dispute between Buyer and Seller cannot be resolved then write to dispute@uuugabuild.com. uuugabuild reserves the right to provide replacement resources if necessary and also to Rate the Buyer & Seller through the Star Rating and Comment process

Amendment of these terms and conditions
uuugabuild may at any time, amend these terms and conditions by posting the amended terms and conditions on this website. We may also but are not obliged to, notify you by email to the address you have provided. Changes to our terms and conditions will take affect 30 days after they have been posted and should you disagree with any changes, you may immediately close your account provided that you will remain liable continue to make payment for any services you receive following the date of termination through uuugabuild in the manner provided for in the Terms of Engagement.

General
If any provision of these terms and conditions is held to be invalid or unenforceable, such provision will be severed without affecting the enforceability and validity of the remaining provisions which will remain in full force and effect.

These terms and conditions:
1. are the entire agreement and understanding with regard to the subject matter and the services provided pursuant to this website; and
2. supersede any prior agreement or understanding on anything connected with that subject matter.
You have entered into these terms and conditions without relying on any representation by us or any person purporting to represent us.
A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.
The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.

A waiver is not effective unless it is in writing.
Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
Neither party may assign any of its rights or obligations under this Agreement.
Content and process utilized by the uuugabuild platform is strictly Copyright Protected © uuugabuild and must not be reproduced

Governing Law
This agreement is governed by the law in force in Melbourne, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State and courts which may hear appeals from those courts in respect of any proceedings in connection with this agreement.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply in any respect to this agreement or to the parties.

Privacy Policy
We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the uuugabuild. uuugabuild views the protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We may use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way, please do not use our services.

Privacy of Others; Marketing
If uuugabuild provides you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

Rules For Listing / Selling
While using the uuugabuild, you will not:
• post content or Services in inappropriate categories or areas on our sites and services;
• infringe any laws, third party rights or our policies.
• use the uuugabuild if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the uuugabuild;
• fail to deliver payment for Services purchased by you, unless the Seller has materially changed the Services description after you purchased.
• fail to deliver Services purchased from you, unless the Buyer fails to meet the posted terms or you cannot authenticate the Buyer's identity;
• manipulate the price of any Service or interfere with other users' listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to uuugabuild;
• post false, inaccurate, misleading, defamatory or offensive content (including personal information);
• take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to uuugabuild);
• transfer your uuugabuild account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
• distribute viruses or any other technologies that may harm uuugabuild or the interests or property of uuugabuild users;
• export or re-export any uuugabuild tools, uploads and processes except in compliance with the export control laws of any relevant jurisdictions;
• copy, modify or distribute rights or content from the uuugabuild or uuugabuild's copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent
• Where your listing appears in “matches” or auction listings results may be based on certain factors including star rating, discipline, sub discipline, speciality, domain, method, experience, location, dates and durations available, and any other specialized requirements
• you agree to pay uuugabuild the relevant sales commission fee (uuugabuild takes payment and passes payment back to you less local taxes and the sales commission)
• all communication with the Buyers must go through the uuugabuild platform. All payment must be made through the uuugabuild platform
• unless stated otherwise, all payment is in USD

Rules For Purchasing
• Joining uuugabuild and buying Services through uuugabuild is free. Buyers will not be charged any additonal fees (local taxes will be charged as appropriate).
• Unless otherwise stated, all fees are quoted in US Dollars.
• Buyers must pay in 10 day block periods (per resource unit) through the uuugabuild platform