Last updated: August 10, 2020

In Short: Thank you for your interest in Fayrworks! You would need to read and accept and follow these terms to use our platform.

Thank you for using Fayrworks! Please read these terms and conditions carefully before using Our Platform. Your access to and use of the Platform is conditioned on Your acceptance of and compliance with these Terms and Conditions.

Acknowledgement

In Short: These terms are between two parties: you and we. When you accept these terms and keep all information that you provide to us up-to-date, we will grant you access to the platform.

These are the Terms and Conditions (“Terms”) governing the use of ‘Fayrworks’ -platform (“Platform”) and the agreement that operates between You and Fayrworks Oy, a Finnish limited liability company (“Company, We, Us, Our, Fayrworks”).

These Terms and Conditions set out the rights and obligations of all users regarding the use of the Platform.

When you create your Fayrworks account, you must provide accurate and complete information, and you agree to update your information to keep it accurate and complete.

Subject to these Terms and our policies we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Platforms. These Terms and Conditions apply to all visitors, users and others who access or use the Platform.

By accessing or using the Platform You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Platform.

Your access to and use of the Platform is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Platform. The Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Platform and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Platform.

Fayrworks as a Platform

In Short: Fayrworks is a platform, an online marketplace if you will, to connect private individuals to pro's. We are not an employer in any function or form.

In our Platform, we connect private individuals (“Client”) with persons who provide different services (“Pro, Professional, Service Provider”). These Professionals may be other individuals or they can be businesses. Clients and Professionals are both users of the Platform (“User”).

Professionals are independent contractors of a Client, not employees, partners, representatives, agents, contractors or franchisees of Fayrworks. We do not employ Users or other individuals to perform services to Clients. Fayrworks operates as online marketplace that connects Clients and Professionals.

You acknowledge that We do not supervise, direct, control or monitor Professionals and (to the extent permitted by law) take any liability or responsibility for the work performed by Professionals. We do not offer any warranty for the services performed by the Professional.

User Representations and Warranties

In Short: Please check and see that you can fulfill and accept all of these conditions

All Users represent and warrant that:

You are capable of entering into binding contracts
You have the right, authority and capacity to accept and agree on these Term and Conditions
You have read, understand, and agree to be bound by these Terms and Conditions and the Privacy Policy
You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread.
You agree not to discriminate, harass, bully or misbehave in any form while using the Platform.
You will not use the Platform for the purchase or delivery of any other controlled or illegal substances or services.
Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement

Professionals, Service providers additionally represent and warrant that:

When using Fayrworks Platfrom you are operating as own business entity or as a micro entrepreneur (not a private individual)
You have the mandatory license/licenses if those needed for the service you want to perform
You have any and all insurance required to operate your business and provide your services
You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing services as agreed upon with Client; and providing timely, high-quality services to your Clients;
You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws

Agreements between parties in the Platform

In Short: When you accept a gig/work with other user, you will enter into an agreement directly with said user. Platform or we as a company are not party to that agreement.

You agree that legally binding contract formed when You agree on the terms of a service with another User (“Agreement on a Service”). Agreement of a Service can contain terms that 1) are based on the terms of the Platform 2) that are accepted between You and other User 3) derive from compulsory legislation. For this reason, we store your chat discussions.

Fayrworks is not a party of any Agreement on a Service. You may not agree with other User on terms that conflict with these Terms, you may not expand Fayrworks obligations or restrict Our rights.

Agreement on a Service may not, under any circumstances, create an employment or other service relationship between Fayrworks and a User or between Client and a Professional.

Fayrworks role, beyond enabling connection between Client and Professional via the Platfrom, is to act as a limited payment collection agent for the Professional to facilitate payment for Agreement on a Service on behalf of the Professional through the Platform using payment service provider.

Paid Services

In Short: Payments through the platform are conducted by a third party payment service provider. If you are a Pro and willing to receive payments through the platform you would need to establish an account in that service. We will guide you with that, no worries!

In Our Platform Users may contract services that are provided by other Users in the Platform. Fayrworks is not a party to these contracts. Payment for the services through the Platform are done directly from the Client to the Professional via payment service provider (“PSP”), not Fayrworks. We are not liable to compensate to the Professional, if the Client fails to perform payment for the services.

Fayrworks collects a service charge and a platform fee from the payment through PSP.

Professionals are obligated to set up an account with the PSP, agreeing with the terms of the PSP and complete the account validation process (“KYC, KYB”).

We reserve the right (but not obligation) to place on hold any payment from Client to Professional upon request of the Client or Professional, upon notice of potential fraud or upon misuse of the Platform.

Users of the Platform are liable for any taxes, including VAT (if applicable) for the country where services are performed.

Your content

In Short: When you submit something to the platform you grant us a license for that information you have provided.

We welcome your ideas, feedback, comments and suggestions (“Feedback”) about the Platform. By submitting the Feedback you grant us to use your feedback without any restrictions or compensation to you.

Our Platform enables you to share your content, such Your own introduction, chat messages and other content that you send the Platform (“User Content”), with Us and other users. You are responsible for this content and retain copyright to this content you share.

You grant Us a fully-transferable, royalty-free, non-exclusive perpetual license to copy, modify, alter, build top of, publicly display and perform and otherwise use this content worldwide. We can also grant these rights to our Partners. We also reserve the right to modify and remove User Content from the Platform for any reason, especially if we believe it violates these Terms.

Content and trademarks

In Short: Using Fayrworks does not grant you ownership of any part of Fayrworks.

Subject to these terms, we grant you limited, personal, non-transferable and non-exclusive license to use Our Platform. Using Our Platform does not give you any ownership of any intellectual property rights.

Third party Services and links to Other Websites

In Short: We use third party services to deliver the best possible platform. We choose them carefully, but can't vouch for them (legally speaking).

Third party services or content (including data, information, products or services) may be displayed, included or made available by the Platform. You can see how these affect your privacy from the Privacy Policy. Our Platform may contain links to or content from third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, 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, goods or services available on or through any such web sites or services.

Termination

In Short: We have the right to terminate your account

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Platform will cease immediately.

Limitation of Liability

In Short: We are liable up to €100 for the issues we have directly caused, but not for the Issues caused by someone else.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to 100 EUR. The Company is not liable for any damages, direct or indirect, that are caused for actions or failures to perform by other User.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Platform, third-party software and/or third-party hardware used with the Platform, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

In Short: It’s in our best interest to maintain the highest possible standard of service and quality on Fayrworks, but we do not assume any legal obligation to do so.

The Platform is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Platform will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Platform, or the information, content, and materials or products included thereon; (ii) that the Platform will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Platform; or (iv) that the Platform, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

In Short: We are bound by Finnish law (https://www.finlex.fi/en/)

The laws of Finland, excluding its conflicts of law rules, shall govern this Terms and Your use of the Platform. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Platform, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Platform. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Platform after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Platform.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

- By email: contact@fayrworks.com
- By chat in the Platform
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