Terms of Service

1 Acceptance of Terms

By creating an account, accessing, or using the BONAFYDS platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any additional policies or guidelines incorporated herein by reference. These Terms constitute a legally binding agreement between you and BONAFYDS.

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our platform with a revised "Last updated" date. Your continued use of our Services after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2 User Accounts

To access certain features of our platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated at all times.

• Account Types: We offer different account types for clients, professionals, supervisors, and administrators. You must select the account type that accurately reflects your intended use of the platform. Professionals must provide valid business credentials and may be subject to verification.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or use of your account. We will not be liable for any loss or damage arising from your failure to protect your account credentials.
• One Account Per Person: Each individual may maintain only one account on the platform. Creating multiple accounts, impersonating another person, or misrepresenting your identity is strictly prohibited.
• Account Suspension and Termination: We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, if you violate these Terms, engage in fraudulent activity, or for any other reason we deem appropriate. Upon termination, your right to use the Services will immediately cease.

3 Professional Listings

Professionals on the BONAFYDS platform may create profiles and listings to showcase their services, qualifications, and design packages. The following terms apply specifically to professional users:

• Accuracy of Information: Professionals are responsible for ensuring that all information in their profiles and listings is accurate, current, and not misleading. This includes qualifications, experience, licensing status, portfolio images, pricing, and service descriptions.
• Verification: BONAFYDS offers a verification process for professionals. Verification status indicates that we have confirmed certain credentials provided by the professional. Verification does not constitute an endorsement or guarantee of the professional's work quality, and BONAFYDS makes no representations regarding verified professionals beyond the scope of the verification process.
• Design Marketplace: Professionals who list design packages on the marketplace must own or have the right to sell those designs. All design listings are subject to review and approval by BONAFYDS. We reserve the right to remove any listing that violates our policies or standards.
• Portfolio Content: Professionals must have the rights to all images, documents, and other content included in their portfolio. Uploading copyrighted material without authorization is prohibited.
• Response Obligations: Professionals are expected to respond to project proposals and client inquiries in a timely manner. Repeated failure to respond may result in reduced visibility or account restrictions.

4 Payment & Fees

Certain services on the BONAFYDS platform may involve fees and payment processing. The following terms apply to all financial transactions on the platform:

• Platform Fees: BONAFYDS may charge fees for certain services, including but not limited to design marketplace transactions, premium features, and project posting. All applicable fees will be clearly disclosed before you complete a transaction. Fees are subject to change with prior notice.
• Design Marketplace Transactions: When you purchase a design package through the marketplace, payment is processed through our platform. Upon successful payment, you will receive access to the design files subject to the applicable license terms. Design files are released after payment confirmation and, where applicable, after administrative review.
• Service Fees: BONAFYDS charges a service fee on design marketplace transactions. The service fee is a percentage of the listing price and is deducted before the professional receives their payout. Current service fee rates are published on our pricing page.
• Payment Processing: All payments are processed through secure third-party payment processors. We do not store your full credit card information on our servers. Payment processing is subject to the terms and conditions of our payment processor.
• Refunds: Refund policies vary by service type. Design marketplace purchases may be eligible for a refund within the dispute resolution period if the delivered files do not match the listing description. Refunds are subject to our dispute resolution process.
• Payouts: Professionals receive payouts for design sales after the applicable review period and deduction of platform fees. Payouts are processed according to the schedule published in your professional dashboard. Minimum payout thresholds may apply.
• Taxes: You are responsible for any taxes applicable to transactions conducted through the platform. BONAFYDS is not responsible for collecting, reporting, or remitting taxes on behalf of users, except as required by law.

5 Prohibited Conduct

You agree not to engage in any of the following prohibited activities while using the BONAFYDS platform:

• Providing false, misleading, or inaccurate information in your profile, listings, proposals, or any other content on the platform.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Engaging in fraud, deception, or misrepresentation, including submitting fake reviews, creating synthetic accounts, or manipulating ratings or feedback.
• Harassing, threatening, intimidating, or disparaging other users, including through messaging, reviews, or any other communication channel on the platform.
• Uploading, posting, or transmitting any content that infringes the intellectual property rights, privacy rights, or other rights of any third party.
• Circumventing or attempting to circumvent our payment system, including conducting transactions outside the platform to avoid fees.
• Using automated tools, bots, scrapers, or any other automated means to access the platform, collect data, or interact with the platform without our express written consent.
• Interfering with or disrupting the integrity or performance of the platform, including introducing viruses, malware, or other harmful code.
• Accessing or attempting to access areas of the platform or systems that are not authorized for your use.
• Violating any applicable local, state, national, or international law or regulation in connection with your use of the platform.
• Soliciting other users for purposes outside the scope of the platform's intended services.
• Redistributing, reselling, or sublicensing design packages purchased from the marketplace without explicit authorization from the original creator and BONAFYDS.

6 Intellectual Property

The BONAFYDS platform, including its design, text, graphics, logos, icons, images, audio clips, software, and the compilation thereof, is the property of BONAFYDS and is protected by international copyright, trademark, and other intellectual property laws.

• Platform Content: All content on the BONAFYDS platform that is not user-generated is owned by or licensed to BONAFYDS. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any such content without our express written permission.
• User Content: You retain ownership of the content you submit to the platform, including profile information, portfolio items, project descriptions, and design listings. By submitting content, you grant BONAFYDS a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and providing the Services.
• Design Marketplace IP: Design packages listed on the marketplace remain the intellectual property of the professional who created them. Clients who purchase design packages receive a license to use the designs subject to the terms specified in the listing. Unless otherwise stated, purchased designs are licensed for a single construction project and may not be resold or redistributed.
• Feedback: Any feedback, suggestions, or ideas you provide regarding the BONAFYDS platform may be used by us without restriction or compensation to you.
• DMCA Notices: If you believe that your copyrighted work has been used on our platform in a way that constitutes copyright infringement, please contact our designated copyright agent at legal@bonafyds.com with the information required by the Digital Millennium Copyright Act.

7 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BONAFYDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services.
• Any conduct or content of any third party on the Services.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.
• The quality, safety, or legality of construction work performed by professionals found through our platform.
• Any disputes between clients and professionals, including but not limited to project delays, cost overruns, construction defects, or breach of contract.

BONAFYDS is a platform that connects clients with construction professionals. We do not perform construction services, and we are not a party to any contract between a client and a professional. We do not guarantee the quality, timeliness, or legality of services provided by professionals, nor do we guarantee the ability of clients to pay for services.

IN NO EVENT SHALL BONAFYDS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO BONAFYDS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED THOUSAND NAIRA (₦100,000), WHICHEVER IS GREATER.

8 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts of Lagos State, Nigeria, and you consent to the personal jurisdiction of such courts.

Before filing any claim against BONAFYDS, you agree to attempt to resolve the dispute informally by contacting us at legal@bonafyds.com. We will attempt to resolve the dispute within 30 days. If the dispute is not resolved within 30 days, either party may proceed with formal legal proceedings.

You agree that any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.