GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the relationship between you as a user, either as a person offering services or a person seeking a service provider when using the site www.partners.place and Partners Place Ltd. with UIC 206634084, address 18 Stefan Karadzha Street, Loznitsa, 7290, Bulgaria referred to below as www.partners.place, "partners.place", "Partners Place", "Partners Place Ltd.", "platform", "the platform", "we", "site", "a site", "the site", "website", "a website" or "the website".
I. GENERAL PROVISIONS.
To register at www.partners.place or use the Site and Services on the site, you must confirm that you are a legal entity or a person who has reached the age of eighteen (18) years of age and who can conclude legally binding contracts in the applicable legislation. The User agrees that the User IS NOT (a) a citizen or resident of a country where the use and participation in the Website are prohibited by law, by decree, ordinance, contract, or administrative act; (b) a national resident of or located in a country or region subject to sanctions from Bulgaria or under an embargo; or (c) a natural or legal person employed by third parties or related to other persons, declared wanted by the Bulgarian legislation. Upon registration of a legal entity on the site, you must confirm that: (a) you are an employee or an agent authorized to act on behalf of the company (whether as Sole Proprietorship, LTD or any other entity); b) use the Site and Services on the site for business purposes only; (c) comply with any licensing, registration or other requirements concerning your business or the business for which you are acting and the provision of freelance services; and are either a legal entity or a person who is 18 years of age or older (or otherwise has reached the age of maturity in the jurisdiction in which you do business) in any case that may form legally binding contracts.
The User/Party is a Buyer/Employer or a Seller/Contractor using the Site www.partners.place.
The Buyer/Employer is any adult person or legal entity who wishes to conclude a contract with the Seller/Contractor for the performance of a specific service through the site www.partners.place.
The Seller/Contractor is any adult person - or legal entity who wishes to conclude a contract with the Buyer/Employer for the performance of a specific service through the site www.partners.place.
Partners Place's website, namely www.partners.place is a website that allows the Seller/Contractor to offer services as a freelance specialist and buys services provided by freelancers and to the Buyer/Employer to buy services provided by freelancers. Sellers/Contractors and Buyers/Employers may be registered as private people or legal entities. The User can only be a Seller/Contractor, a Seller/Contractor, and a Buyer/Employer or only a Buyer/Employer.
Under these General Terms and Conditions (GT&C), www.partners.place provides services to all users of the Website only in case the User has agreed to these General Terms and Conditions (GT&C) and complies with them. We do not engage in legal relationships between users and do not provide services related to the conclusion of contracts between them. Partners Place Ltd. has no connection with the contracts concluded between the users of the Website and assumes no responsibility or attitude to any disputes between them.
Upon purchase, the Buyer/Employer shall provide the Seller/Contractor with the data necessary for the conclusion of the contract of sale, and if necessary a separate contract is signed between the parties.
II. REGISTRATION AND OPERATION OF THE SITE.
Registration on the Partners Place site is mandatory for all users who wish to use the site in their capacity as Sellers/Contractors and Buyers/Employers.
Upon registration on the Site, users must provide their personal data in accordance with the Personal Data Processing and Protection Policy, located on the site www.partners.place.
Upon registration on the Site, users must agree to these General Terms and Conditions and declare that they will comply with them.
After registration on the Site;
The Sellers/Contractors could:
publish advertisements offering specific services.
apply for jobs on projects announced by other users.
publish advertisements seeking a contractor for their projects.
The Buyers/Employers could:
publish advertisements seeking a contractor for their projects.
After registration on the Site and after the User has found the right counterparty for him depending on the job sought or offered, the two parties may proceed to conclude a contract between them, which happens by accepting the offer.
III. CONCLUSION OF A CONTRACT.
13. Before the User is bound by a contract or by an offer to conclude a contract, the User provides in a clear and comprehensible manner all information about the service offered or sought by him/her. Each party should be able to familiarise itself in detail with the project and the services offered or sought respectively. The information referred to in the preceding sentence shall include, but are not limited to, a description of the main characteristics of each service and the selling price. The Seller/Contractor and the Buyer/Employer conclude a valid service contract after the Parties have complied with the procedure on the Site, i.e. the applicant party has gone through the procedure using the application button (Apply now, make an offer respectively) and the host party has accepted the offer or application using the accept the offer button. The Buyer/Employer may also refuse the offer or application received using the Reject the offer.
14. Each project to which the parties have agreed on mutual work is bound by a deadline for implementation and a deadline for payment, pre-specified and prominent on the Site and for which the respective party is fully responsible.
15. As a result of any contract concluded within the meaning of item 13 of these GT&C, respectively due to a refused offer/application, the parties receive notifications at the e-mail addresses specified by them.
IV. SPECIAL CONTRACTS BETWEEN THE PARTIES.
16. In addition to standard service contracts, the parties may also agree on the following special cases of service contracts:
A) Tutoring
In this case, the Seller/Contractor could provide services similar to teaching services, and for this purpose, the Parties should use the integrated Google Classroom. The Seller/Contractor provides private lessons on days and hours specified by him/her and may provide pre-recorded video lessons available on record. If the Buyer/Employer wishes to reschedule the appointment, he may make a request, which should be sent to the Seller/Contractor not earlier than 48 hours before the appointment, the decision whether this request is fully granted is up to the Seller/Contractor.
The buyer could book an appointment for a lesson and/or purchase a pre-recorded video tutorial. Payments from the Buyer/Employer to the Seller/Contractor are made in advance and in full.
B) Mentoring
In this case, the Seller/Contractor could provide mentoring services, and for this purpose, the Parties should use the integrated Google Classroom. The Seller/Contractor provides private lessons on days and hours specified in advance. If the Buyer/Employer wishes to reschedule the appointment, he may make a request, which should be sent to the Seller/Contractor not earlier than 48 hours before the appointment, the decision whether this request is fully granted is up to the Seller/Contractor.
C) Team-up
Through the Team-up section, two or more Sellers/Contractors could join efforts to create a team to provide specific service and/or implement a specific project. In this case, one of the Sellers/Contractors must always accept the status of project manager and be solely responsible for the performance provided by the team. The project manager should allocate tasks among the team members and distribute payments among the team members. The project manager has the right to reassign a specific task or a task to a team member in case, in his/her judgment, that participant has not carried out the assigned work in full and up to the requirements. As a last resort, that specific team member may be removed from the project, in which case he/she will not be paid.
All payments on the processing service will be made in stages and after approval and acceptance of the milestone at the relevant stage. The stages are predetermined and divided into 2 to 4 milestones (parts), their designation is carried out by the project manager or by another selected participant in the project. In case the project is worth a total of 50 USD, EUR, or GBP, the payment must be in one transaction and cannot be divided into milestones (parts).
If the Buyer/Employer abandons the project during its implementation, he will owe payment for the work done at the time according to the stage at which the project is located (the last approved by him/her milestone).
All Parties participating in the team project irrevocably agree to the terms above in advance.
D) Internships
In this case, the Seller/Contractor is an adult person who wishes to gain experience in a specific field, as well as to acquire new knowledge and skills. To this end, the Seller/Contractor sells his services at an hourly rate, indicating the price per hour, as well as which days and hours he could be engaged in.
V. PRICE, METHOD OF DELIVERY, AND METHOD OF PAYMENT OF SERVICES.
17. The payment method for the services is the Stripe payment electronic platform. The Buyer/Employer pays directly to the Seller/Contractor through Stripe. Partners Place does not at any time store customer debit or credit card information. If the Country in which one of the Parties is located is not authorized to work with Stripe, the Party concerned may not use the Services of the Site, for which We are not responsible.
All countries that are authorized to work with Stripe can be found at the following address, where the list is updated periodically https://stripe.com/global
18. The price of the services is expressly negotiated between the Buyer/Employer and the Seller/Contractor or is indicated in advance on the Site, the specific price of the service being determined by the respective Party. Payment may be made in full in advance or in parts, the specific method being agreed between the Buyer/Employer and the Seller/Contractor in advance. The price of the administrative service provided by Partners Place amounts to 10% of the price of the service, this amount is added to the price of the service and is paid by the Buyer/Employer. After the payment has been made, the Buyer/Employer has the opportunity to withdraw from the Site a tax document under the requirements of the VALUE ADDED TAX ACT for the value of the service provided by Partners Place. Project payments are made after receiving the result of the service performed, as well as after approval of the Buyer/Employer. In case the service is provided and the Buyer/Employer has not approved it within 7 days of its delivery or has not returned instructions for necessary changes, it is assumed that the service has been accepted without notice and the Buyer/Employer owes the corresponding payment.
19. The provision of the service shall be made within the time limit explicitly agreed between the Parties. In case of force majeure circumstances, the service may be delayed and Partners Place is not responsible for the delay. Upon completion of the service provided by the Seller/Contractor, the Buyer/Employer certifies its acceptance and implementation.
VI. REVIEW AND RIGHT OF WITHDRAWAL. GUARANTEE.
20. For the services offered by the Seller/Contractor, the right of withdrawal under the relevant legislation is not valid because the purchased product is a service and when buying and providing it, immediately starts performing the service and the user loses his right of withdrawal. The parties may expressly agree on the right of withdrawal from an awarded project at any time, and in case of refusal, only the amount of the stages of the project carried out until the moment of refusal will be due.
21. The right of withdrawal under Art. 9 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and the Council Text with EEA relevance does not apply to purchasers of natural persons, who purchase products from the Seller for their use in their commercial or professional activity or Buyers legal persons.
22. Under Art. 16 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council Text with EEA relevance to the right of withdrawal under Article 10(2) of the Basic Regulation 9 of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and the Council Text with EEA relevance:
1. service contracts where the service is fully executed when the performance has begun with the explicit prior consent of the consumer and confirmation on his part that he knows that he will lose the right of withdrawal once the contract has been fully executed by the trader;
2. for the supply of goods or services the price of which depends on fluctuations in the financial market which cannot be controlled by the trader and which may occur during the period for exercising the right of withdrawal;
3. for the supply of sealed phonograms or video recordings or sealed computer software which is printed after delivery;
4. for the supply of digital content which is not supplied on a material medium where the execution has begun with the express consent of the consumer who has confirmed that he knows that he will thus lose his right of withdrawal;
5. supply of goods made to the consumer's order or unambiguously personalized.
VII. RIGHTS, OBLIGATIONS, AND RESPONSIBILITIES OF THE SELLER/CONTRACTOR.
23. The terms of the Seller/Contractor under the service contract and use of the Site are as follows:
- provide clear and correct information about himself/herself, including services he/she provides without using unfair practices and misleading statements;
- perform the services with the care of a good trader, as he would perform them for himself;
- comply with relevant legislation and good commercial practices;
- use licensed software and be fully responsible in case of use of pirated software;
- not to disseminate the information it has received from Buyer/Employer and/or Partners Place during the performance of the services while keeping any information specified by the other Party as confidential;
- not infringe the intellectual property rights of third parties, including copyrights and related rights;
- use appropriate language in its communication with the defendant, including by not using vulgar and obscene words, not agitating for political parties, not manifesting a violation of the law, not violating the rights to the protection of personal data and rights related to money laundering measures;
24. The Seller/Contractor shall not be liable in case the Buyer/Employer has not correctly interpreted the performance of the service, despite its quality performance.
25. In case of inaccurate data and/or poorly formed assignment, the Seller/Contractor is not responsible for its proper execution.
26. The seller/Contractor is entitled to remuneration for the services performed by him/ her. The Seller/Contractor declares and guarantees that he will be fully responsible for the correct accounting and tax reporting of the received royalties from the services provided by him/her through the Site according to the country for which he is resident. The Seller/Contractor declares and understands that Partners Place Ltd cannot and will not be liable for the correct taxation and accounting of the remuneration paid by the Buyer/Employer to the Seller/Contractor.
27. The Seller/Contractor has the right to refuse the performance of the service in case of violation by the Buyer/Employer, which is essential for the proper and accurate performance of the service.
28. The Seller/Contractor declares and guarantees that he will be fully responsible for the above, and Partners Place Ltd will not be liable in the relations between the Seller/Contractor and the Buyer/Employer, including. and disputes between them.
VIII. RIGHTS, OBLIGATIONS, AND RESPONSIBILITIES OF THE BUYER/EMPLOYER.
29. The responsibilities of the Buyer/Employer under the service contract and use of the Site are as follows:
- provide clear and correct information about himself, including services he/she seeks without using unfair practices and misleading allegations;
- to assign the service tasks with the care of the good trader for them to be interpreted correctly by the Seller/Contractor;
- comply with relevant legislation and good commercial practices;
- use licensed software and be fully responsible in case of use of pirated software;
- not to disseminate the information it has received from the Seller/Contractor and/or Partners Place during the performance of the services while keeping any information specified by the other Party as confidential;
- not infringe the intellectual property rights of third parties, including copyrights and related rights;
- use appropriate language in its communication with the defendant, including by not using vulgar and obscene words, not agitating for political parties, not manifesting a violation of the law, not violating the rights to the protection of personal data and rights related to money laundering measures;
30. The Buyer/Employer shall not be liable if the Seller/Contractor has not correctly interpreted the assignment and/or does not have the necessary knowledge and competence to perform the service, but has nevertheless accepted the same.
31. The Buyer/Employer must pay the Seller/Contractor remuneration for the services rendered by him/her, as well as the remuneration of Partners Place Ltd for the administrative services performed by him/her.
32. The Buyer/Employer has the right to refuse the performance of the service in case of violation by the Seller/Contractor, which is essential for the proper and accurate performance of the service.
33. The Buyer/Employer declares and guarantees that he will be fully responsible for the above, and Partners Place Ltd will not be liable in the relations between the Seller/Contractor and the Buyer/Service Assignor, including. and disputes between them.
IX. RIGHTS, OBLIGATIONS, AND RESPONSIBILITIES OF PARTNERS PLACE LTD.
34. Partners Place Ltd undertakes to provide a quality and complete service, as well as to ensure the use of the Site seamlessly, in so far as there are no force majeure circumstances related to the latter.
35. Partners Place Ltd is entitled to remuneration for the intermediary services it provides through the Site.
36. Partners Place Ltd shall not be liable for the performance of the obligations of the Seller/Contractor and the Buyer/Employer in respect of the contract concluded between them, nor shall it be liable in the event of a dispute between the Seller/Contractor and the Buyer/Employer regarding the performance of the contract.
37. Partners Place Ltd is not responsible for the cash flows when making payments by the Buyer/Employer related to the contract concluded by it through the Site. Partners Place Ltd is not responsible for the correct taxation and accounting of the remuneration paid by the Buyer/Employer to the Seller/Contractor.
38. Partners Place Ltd is not responsible for the allegations that the Seller/Contractor and the Buyer/Employer relay before, during, and after the performance of the contract concluded between them through the Site.
X. FINAL CLAUSES
39. Partners Place Ltd. is a data controller and guarantees the integrity of the information provided by the Buyer/Employer and the Seller/Contractor. Disclosure of personal data is possible in compliance with the statutory procedure for this. Users are informed that to fulfill Partners Place Ltd's obligations, the latter will process, including store, the personal data submitted by them. The personal data will be stored, processed, and deleted accordingly, under the requirements of the legislation in force, and more information about this is contained in the Personal Data Processing and Protection Policy published on its website.
40. A cookie is a small text file that is saved on the computer or mobile device through which users have visited and downloaded from the Site on subsequent visits. Partners Place uses cookies to improve and facilitate any subsequent user visit. Cookies are not used to store personal information or to disclose information to third parties. Detailed information about cookies is published on the Site.
41. Partners Place does not violate foreign intellectual property rights. Partners Place does not guarantee that access to the Site will be uninterruptible, timely, secure, and error-free, insofar as this is beyond Our capabilities, control, and will. The services and content produced by Partners Place on the Site remain entirely copyrighted and their unlawful use by third parties is subject to legal sanctions.
42. Except where expressly stated otherwise, any party to a contract which is still in force shall not be liable for non-performance, in part or whole, and/or in cases where the obligations are outside the terms of the contract if the failure to fulfill obligations has occurred as a result of force majeure/force majeure. The Party or its legal representative, who invokes force majeure/force majeure, shall immediately and exhaustively inform the other Party of the event and take measures to prevent it to limit its consequences. The party or its legal representative referring to the event described above shall be released from liability only if the event has prevented him from performing the contract in good faith.
43. The Parties undertake to maintain the confidentiality of any information relating to the conclusion, performance, and existence of the contract and the relationship between them and Partners Place. The existence and terms of the contract should be perceived as "Confidential Information" and should not be disclosed by either party. "Confidential information" shall mean any information (provided in writing, oral or electronic form) which is disclosed between the Parties and which is clearly designated by either Party as confidential or which can reasonably be expected to be perceived by the other Party as confidential. Confidential information includes, but is not limited to business, financial, accounting and marketing information, analyses, forecasts or projects, documentation, procedures, innovations, concepts, reports, drawings, sketches, plans, trade secrets, know-how, and/or other intellectual property, personal and contractual relations between the parties.
44. Partners Place may change these GT&C at any time and publish them on its Website, notifying of the change prominently on its website.
45. In the event of a dispute between the Seller/Contractor and the Buyer/Contracting Authority, the parties settle the dispute through mutual discounts and consents, and if they do not, they may contact an independent alternative dispute resolution body (ADR/OAR). Partners Place Ltd does not have the role of the arbitrator concerning disputes between the Parties and should not be held responsible for resolving the same.
46. In the event of a dispute between Partners Place Ltd and someone from among the Seller/Contractor and the Buyer/Employer, the parties settle the dispute through mutual discounts and consents, and may, failing that, contact an independent Alternative Dispute Resolution Authority (ADR/OAR). If they do not resolve the dispute between them in this way, it should be referred to the competent civil court in the town of Razgrad, the Republic of Bulgaria.
47. These General Terms and Conditions comply with Bulgarian and European legislation. For all cases not settled with these GT&C in connection with the relations between the Seller/Contractor, Buyer/Employer, and Partners Place Ltd. the legislation currently in force in the Republic of Bulgaria applies, and the litigation should be referred to the competent civil court in the town of Razgrad, the Republic of Bulgaria.