Terms of Service

1. Introduction

Welcome to BuildTalent. These Terms of Service ("Terms") govern your access to and use of our platform, which connects construction companies with skilled consultants including construction managers, engineers, and other construction professionals. By using our platform, you agree to be bound by these Terms.

BuildTalent operates as a matching platform similar to Upwork and Toptal, but specifically designed for the construction industry. We facilitate connections between clients seeking construction consultants and qualified professionals available for consulting work.

2. Acceptance of Terms

By accessing or using BuildTalent, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our platform.

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our platform. Your continued use of BuildTalent after such changes constitutes your acceptance of the modified Terms.

3. Platform Services

BuildTalent provides a platform where:

• Construction companies and consultant firms can post job openings for construction consultants free of charge
• We match posted roles with qualified consultants from our network
• Clients receive candidate profiles and can proceed with interviews and hiring
• We facilitate the connection between clients and consultants

We act as an intermediary platform and do not directly employ consultants or guarantee the performance of any consultant. All engagements are between the client and the consultant, and BuildTalent is not a party to any employment or consulting agreement.

4. Fees and Payment

Posting Jobs: Posting job openings on BuildTalent is completely free. There are no charges for creating an account, posting roles, or receiving candidate profiles.

Placement Fee: We charge a one-time placement fee only when a client accepts a consultant that we have proposed through our platform. This fee is payable upon acceptance of the consultant and is separate from any fees or rates agreed between the client and consultant.

The placement fee will be clearly communicated to you before you accept a consultant. Payment terms and methods will be specified in our fee agreement, which will be provided at the time of consultant acceptance.

If you hire a consultant through our platform but later engage the same consultant directly for additional work without using BuildTalent, you may be subject to additional fees as specified in our fee agreement.

5. User Accounts and Responsibilities

Account Information: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate, current, and complete information when using our platform.

Prohibited Activities: You agree not to:

• Use the platform for any illegal or unauthorized purpose
• Post false, misleading, or fraudulent job listings
• Circumvent our platform to avoid payment of placement fees
• Harass, abuse, or harm other users
• Violate any applicable laws or regulations
• Interfere with or disrupt the platform's functionality
• Attempt to gain unauthorized access to any part of the platform

6. Consultant Matching and Vetting

We strive to match clients with qualified consultants based on the requirements provided. However, we do not guarantee:

• The availability of consultants for every role
• The specific number of candidates you will receive
• The exact qualifications or experience of matched consultants
• The success of any engagement between client and consultant

While we perform vetting and verification of consultants, clients are responsible for conducting their own due diligence, including interviews, reference checks, and verification of qualifications before making hiring decisions.

7. Client Responsibilities

As a client using BuildTalent, you agree to:

• Provide accurate and complete information about job requirements
• Respond to consultant proposals in a timely and professional manner
• Pay the placement fee when you accept a consultant through our platform
• Comply with all applicable employment and labor laws
• Treat consultants with respect and professionalism
• Honor any agreements made with consultants

8. Consultant Responsibilities

Consultants using our platform agree to:

• Provide accurate information about their qualifications, experience, and availability
• Maintain professional standards in all interactions
• Fulfill their obligations under any consulting agreements
• Comply with all applicable laws and regulations
• Not engage in any activities that could harm BuildTalent's reputation

9. Intellectual Property

All content on the BuildTalent platform, including but not limited to text, graphics, logos, and software, is the property of BuildTalent or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on the platform without our express written permission.

10. Limitation of Liability

BuildTalent acts as an intermediary platform and is not responsible for:

• The performance, conduct, or actions of consultants or clients
• The quality or outcome of any consulting engagement
• Any disputes between clients and consultants
• Any losses or damages arising from the use of our platform
• Any technical issues or interruptions to the platform

To the maximum extent permitted by law, BuildTalent's total liability for any claims arising from your use of the platform shall not exceed the amount of fees you have paid to us in the twelve months preceding the claim.

11. Termination

We reserve the right to suspend or terminate your access to BuildTalent at any time, with or without cause or notice, if you violate these Terms or engage in any activity that we determine is harmful to our platform or other users.

You may stop using our platform at any time. However, any placement fees owed to BuildTalent remain due and payable even after termination of your account.

12. Dispute Resolution

If you have any disputes with consultants or other users of the platform, you agree to resolve such disputes directly with the other party. BuildTalent is not obligated to mediate or resolve disputes between users.

Any disputes arising from these Terms or your use of the platform shall be resolved through binding arbitration or in the courts of the jurisdiction where BuildTalent is incorporated, as applicable.

13. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and BuildTalent regarding your use of the platform.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

14. Contact Information

If you have any questions about these Terms of Service, please contact us through our platform or at the contact information provided on our website.