Terms of Use - Firmxxperts GDPR,

Our terms at Firmxxperts.com

This Agreement was last modified on 19th March 2024.

1. Introduction

Welcome to Firmxxperts! These Terms of Use (“Agreement”) outline the conditions you agree to by using our website (the “Platform”) or our services (the “Firmxxperts Services”). We incorporate relevant linked information by reference.

2. Definitions

Account: Your Firmxxperts account associated with your email address.
Buyer: A User who purchases services or products from Sellers on the Platform. A User can be both a Buyer and a Seller.
Dispute Resolution Process: The steps Buyers and Sellers must follow as outlined in the Dispute Resolution Services section.
Firmxxperts, We, Our, Organization: Firmxxperts Ovosna Limited (UK).
Verified by Firmxxperts: Users who have undergone a satisfactory verification process following Know Your Customer and Identity Verification Policy guidelines.
Inactive Account: A User Account that has been dormant for 6 months or another duration we establish periodically.
Intellectual Property Rights: All existing global intellectual property rights and the subjects of these rights, including:
- patents, copyrights, trademarks, designs (registered and unregistered)
- confidential information
- any applications to register the rights mentioned above
Project or Listing: A task proposed by a Buyer or granted by a Seller through the Platform. This includes potential projects presented by a Buyer, a project granted by a Buyer (e.g., HireMe), a service procured by a Buyer from a Seller, and a service granted by a Buyer to a Seller as a result of a Contest or competition facilitated through the Platform.
Provider: A User who offers and provides services or identifies themselves as a Provider through the Platform. A User can function as both a Buyer and a Provider.
Provider Services: All services delivered by a Provider.
Individual, You, or Your: A person who explores or uses the Platform, including via the API.
Individual Agreement: This Agreement, the Code of Conduct (as amended), any additional contractual clauses agreed to by both the Provider and Buyer uploaded onto the Platform (provided they don’t conflict with this Agreement and the Code of Conduct), Project terms as granted and acknowledged on the Platform (to the extent they are not inconsistent with this Agreement and the Code of Conduct), and any other materials incorporated by reference.
Platform: The Firmxxperts websites accessible at Firmxxperts.com and its regional, alternative domains, or assets, along with any correlated Firmxxperts service, utility, or application, explicitly including mobile web access, any iOS App, any Android App, or API, or any alternative mode of access.

3. Your Agreement to the Terms

By accessing the Platform, you acknowledge and agree to the following terms with Firmxxperts. We reserve the right to revise this Agreement and associated information periodically by publishing modified terms on the Platform, without prior notification to you.

4. About Firmxxperts

The Platform serves as an online marketplace connecting businesses to freelancers. To buy or sell Provider Services or products, Buyers and (sellers) Providers must create an Account. The Platform facilitates Users collaborating online to fulfill and remunerate Projects/services, engage in the exchange of items, and utilize our provided services. It’s important to note that we are not a party to any contractual agreements between Buyers and Providers within the digital space; our role primarily involves facilitating connections between the involved parties.

We retain the right to modify or supplement the Platform, or the information, products, or services detailed therein, without any obligation to notify you. Nevertheless, we do not undertake the responsibility of constantly updating the Platform. Should any errors arise in the information on the Website or if such information becomes outdated, we bear no liability towards you or any other parties.

5. Eligibility

You are prohibited from using the Platform if you:

Cannot form legally binding contracts.
Are under 16 years of age.
Are prohibited by the laws of the United Kingdom or other applicable jurisdictions from receiving or providing services.
Are under suspension from using the Platform.
Do not possess a valid email address.

Each free user account is uniquely associated with individuals. User credentials should not be shared with others. The individual linked to the account assumes full responsibility for all actions executed through the account, without limitations.

Users may opt to utilize a business or company name in conjunction with their Account. Users acknowledge and agree that in cases where a business or company name is connected to their Account, this Agreement pertains to the User as an individual (and not the business or company). Users remain solely accountable for all activities conducted through their Account.

Entities such as corporations, companies, trusts, partnerships, or other non-individual legal entities must designate an authorized representative to establish and utilize an Account on the Platform. The authorized representative is liable, on behalf of the business entity, for adhering to all the provisions of the Agreement.

6. Account Registration

To create an Account, you must provide accurate and complete information upon registration, and update this information promptly if changes occur. During registration, you will choose a password for your Account. You bear complete responsibility for maintaining the confidentiality of your password and Account. You agree to accept full responsibility for all activities that occur through your Account, including activities by unauthorized third parties. You must notify Firmxxperts immediately of any unauthorized use of your Account or other security breaches.

7. User Conduct

You acknowledge and agree to abide by the following when using the Platform:

Compliance with Laws and Regulations: You must comply with all applicable local, national, and international laws and regulations when using the Platform.
Prohibited Activities: You must not participate in any prohibited activities on the Platform, including:
- Uploading or distributing illegal content or content that violates intellectual property rights.
- Transmitting unsolicited commercial emails or spam.
- Disrupting or damaging the Platform or connected servers.
- Engaging in any fraudulent or misleading activity.
- Impersonating another User, Firmxxperts employee, or any other person or entity.
- Accessing the Platform through unauthorized means or interfering with any other User’s use of the Platform.
- Violating the privacy of any other User.
Respectful Interaction: All interactions through the Platform must occur in a professional and respectful manner. You are prohibited from using offensive or abusive language, harassing, stalking, threatening, or intimidating other Users.
Accuracy of Information: All information you provide on the Platform, including Account information and Project descriptions, must be accurate and truthful.
Violations of any of our terms may lead to the termination of your account

8. Content Ownership

By uploading or publishing content to the Platform, you grant Firmxxperts a non-exclusive, irrevocable, royalty-free, worldwide license to utilize, reproduce, publish, modify, adapt, translate, distribute, and display such content on the Platform and associated marketing materials. You retain ownership of the intellectual property rights to the content you post.

8.1 Transfer of Ownership Clause

Upon full and timely payment for services rendered by the seller ( freelancer(s)), the buyer hereby assumes all legal rights and ownership, including copyright, of the delivered services. The freelancer(s) relinquish all claims and retain no rights to the completed work, which becomes the exclusive property of the buyer. The buyer may use, modify, or distribute the services as they see fit, in accordance with applicable laws and regulations. This transfer of ownership is irrevocable and effective upon payment. Any prior agreements or conflicting terms are hereby null and void.

9. Third-Party Content

The Platform may include content provided by third parties. You acknowledge that we are not responsible for the accuracy or completeness of such third-party content. We do not endorse any third-party content and make no warranties regarding it.

10. Disclaimers

The Platform and all associated services are provided “as is” and “as available.” Firmxxperts makes no express or implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the extent permitted by law, Firmxxperts shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Platform, or the services or content provided on the Platform. This includes, but is not limited to, damages for loss of profits, data, goodwill, or other intangible losses.

12. Indemnification

You agree to indemnify and hold harmless Firmxxperts, its officers, shareholders, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and costs (including attorney’s fees) arising from or relating to your use of the Platform, your violation of this Agreement, or your violation of any rights of another User or third party.

13. Termination

We may terminate your Account or access to the Platform for any reason, at any time, without notice. You may also terminate your Account at any time. Upon termination, all rights and licenses granted to you under this Agreement will cease, and you must immediately stop using the Platform.

14. Dispute Resolution with Arbitration

In the event of a dispute between a Buyer and a Seller regarding a service on the Firmxxperts platform, the following process will be followed:

Attempt to Resolve Directly: Both Buyer and Seller are encouraged to communicate directly to attempt a mutual resolution within 7 days of the dispute arising.
Arbitration: If a direct resolution cannot be reached within 7 days, either party may initiate arbitration by contacting Firmxxperts. Firmxxperts will appoint a neutral, third-party arbitrator. The arbitrator will review all relevant information, including:
- The Buyer’s project request.
- The Seller’s project offer.
- Any communication between the Buyer and Seller related to the service (attachments, chats, etc.).
Arbitrator’s Decision: Based on the information reviewed, the arbitrator will have the authority to:
- Cancel the Service: If the arbitrator determines the Seller acted maliciously or cannot provide the services purchased due to misrepresentation or lack of qualifications, the service will be cancelled.
- Full Refund: In the case of cancellation due to Seller misconduct, the Buyer will receive a full refund for the service.
- Partial Refund: If the Seller partially delivered the service but fell short of expectations, the arbitrator may award a partial refund to the Buyer.
- Extended Completion Time: If a delay is due to unforeseen circumstances and the Seller can still deliver the service, the arbitrator may grant a reasonable extension for completion.
- No Action: If the arbitrator finds no wrongdoing by the Seller or the Buyer’s complaint is unfounded, no further action will be taken.
Binding Decision: The arbitrator’s decision will be final and binding on both parties.
Costs: The cost of arbitration will be split equally between the Buyer and Seller.

Please note: All Disputes must be raised within 7 days of project delivery time.

This dispute resolution clause can be modified by Firmxxperts at any time.

Firmxxperts is not responsible for chargebacks but may debit your firmxxperts balance if you lose a dispute.

15. Refunds

Refunds are issued as credits to your Firmxxperts account.
You can withdraw up to £1,000 per day to PayPal, Payoneer, Skrill, or other approved methods.
Refunds cannot go back to the original payment method.

16. Advertisements

Advertisements or promotional content may be displayed on the Platform. You acknowledge and accept that we hold no responsibility for any type of loss or damage incurred by you due to the presence of such advertisements or promotions, or any ensuing interactions with third parties. Furthermore, you acknowledge and agree that the content of these advertisements or promotions might be safeguarded by copyrights, trademarks, service marks, patents, or other intellectual property or proprietary rights and regulations. Unless explicitly authorized by Firmxxperts or the respective third-party rights holders, you agree not to modify, sell, distribute, appropriate, or create derivative works based on such advertisements or promotions.

Unless expressly agreed upon with us, you are prohibited from advertising external websites, products, or services on the Platform. Any website address posted on the Platform, including within a listing, bid, listing description, clarification board, or message board, should pertain to a Project, Contest, listed item, user, or service conducted on the Platform.

17. Communication

Communication With Other Users on the Platform must be conducted through the text, audio, and/or video chat features, as well as message boards, public clarification boards, Project message boards, direct message sending, and other communication channels provided on the Platform.

Your email address or other contact details (including but not limited to Skype ID or other identifying strings on other platforms) must not be posted on the Platform, except within the “email” field of the signup form, upon our request, or as otherwise authorized by us on the Platform.

Unless a prior relationship with a User exists, communication with Users should exclusively occur via the Platform. Engaging in communication or attempts to communicate with other Users through alternative methods, including but not limited to email, Teams, Zoom, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat, or Yahoo, is strictly prohibited.

Users may face penalties if discovered engaging in communications or transactions outside of the Platform.

Regarding video and audio chats, any mutually agreed-upon terms between Users must be confirmed in writing using the chat or direct message function.

Firmxxperts may utilize your information, such as your name, location, display or username, and/or your image, in relation to providing messaging services on the Platform or within the mobile applications.

We reserve the right to peruse all correspondence shared on the Platform, as well as to download, access, and, if necessary, test all uploaded files, programs, and websites linked to your Platform usage. This action is undertaken to investigate fraud, ensure regulatory compliance, manage risk, and fulfill other related objectives.

18. Affiliate Program

Anyone can promote a seller’s products or services and earn a 15% commission on sales they generate for 7 days. The commission is deducted from the seller’s payout.

19. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.

20. Note

You are prohibited from engaging in any actions (or omissions) that may compromise the integrity of the Firmxxperts feedback system. We retain the prerogative to suspend or terminate your Account at any point if we, exercising our sole and absolute discretion, have concerns regarding any feedback about you or your feedback rating, where we perceive that our feedback system might be manipulated.

Content Disclaimer

Firmxxperts assumes no liability for content uploaded by users.
They don’t review or endorse user content and don’t guarantee its accuracy.
You rely on user-generated content at your own risk.

Project Requests & Offers

By submitting a request for services, you confirm you have the authority to do so and it won’t violate anyone’s rights.
You are responsible for obtaining any necessary licenses or permits.
You agree to indemnify Firmxxperts for any claims related to your project request.
By offering products or services, you warrant you own the rights to them and their use won’t infringe on anyone else’s rights.
You are responsible for obtaining any required licenses or permits.
You agree to indemnify Firmxxperts for any claims related to your project offer.

Additional Terms

Firmxxperts reserves the right to delete content they believe is protected by copyright.
They can investigate suspicious submissions.
As a seller, you warrant your offerings don’t infringe on any third-party rights and won’t violate their terms.
You agree to indemnify Firmxxperts for any claims related to your project offer.
The burden of determining copyright ownership lies with you.
Firmxxperts does not perform background checks on users and is not liable for their actions.
All communication and transactions must occur directly through the Firmxxperts platform.
Firmxxperts reserves the right to terminate accounts for bypassing the platform.
By using the service, you grant Firmxxperts a license to use any content you upload for marketing purposes.

Advertising & Premium Services

Sellers can purchase advertising plans at various prices and locations on the platform.
There’s a paid “Premium Seller” subscription with additional marketing features.
Firmxxperts may discount services without seller permission.

External Links

Firmxxperts links to other websites but is not responsible for their content.
You are advised to exercise caution when using information from external sources.

Limitation of Liability

Under no circumstances shall we, our affiliated entities, affiliates, or personnel bear any responsibility, whether based on contract, warranty, tort (including negligence), or any other form of responsibility, for:

any indirect, unique, incidental, or subsequent damages that you may encounter;
any financial, commercial, or profit-related losses (whether directly or indirectly) that you may face;
any assertion, harm, or loss stemming from your transactions involving the Website.

These limitations on our responsibility toward you, as detailed above, will hold true irrespective of whether we, our affiliated entities, affiliates, or personnel have been informed about the potential occurrence of such losses or damages.

Your use of any information or materials on the Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Service meet your specific requirements.

In situations where we can curtail the available remedies as per this User Agreement, we explicitly confine our liability for breach of an unavoidable condition or warranty implied by virtue of any legislation to the subsequent remedies (with the selection being at our absolute discretion): either re-providing the Firmxxperts services or compensating the expense associated with re-providing the Firmxxperts services.

Taxation and Insurance

1 Tax Responsibility

Both Buyers and Sellers on the Firmxxperts platform are solely responsible for reporting and paying any applicable taxes arising from transactions conducted through the Platform. This includes, but is not limited to, income taxes, sales taxes, and self-employment taxes. Firmxxperts does not withhold or collect taxes on behalf of Users. Users are encouraged to consult with a tax advisor to determine their specific tax obligations.

2 Seller Insurance

Sellers (Freelancers) are responsible for maintaining their own insurance policies as required by law or their industry standards. This may include, but is not limited to, professional liability insurance, general liability insurance, or errors and omissions insurance. Proof of insurance may be requested by a Buyer before awarding a Project. Firmxxperts is not responsible for any losses or damages resulting from a Seller’s failure to maintain adequate insurance coverage.

Infringement of Intellectual Property Rights

Our approach is to respond to clear notifications of alleged infringement of intellectual property rights. Our Copyright Infringement Policy has been formulated to simplify the process of submitting notices of alleged infringement to us while minimizing the receipt of fraudulent or intricate notices. If you believe that your Intellectual Property Rights have been violated, please inform us through the link provided on our Website or email [email protected], and we will conduct an inquiry.

Fees

Fees

Currently Firmxxperts does not charge for using its platform, but sellers pay a 15% fee on each sale.
Transactions through third-party payment providers may have a 3% processing fee

Seller Payments

Funds are credited to your account after the buyer marks the transaction complete (3 days automatic if not marked).
Verification by Firmxxperts can take up to 5 days.
You can withdraw up to £1,000 per day, with a £3 withdrawal fee.

refunds

Refunds are issued as credits to your Firmxxperts account.
You can withdraw up to £1,000 per day to PayPal, Payoneer, Skrill, or other approved methods.
Refunds cannot go back to the original payment method.

Data Privacy

Firmxxperts is committed to protecting the privacy of its Users. We collect, use, and store User data in accordance with applicable data protection laws and regulations, including the UK General Data Protection Regulation (UK GDPR) and the European Union’s General Data Protection Regulation (EU GDPR) (collectively, “Data Protection Laws”).

1 Data We Collect

We collect various types of data from Users, including:

Registration Information: Name, email address, password, and other information you provide when registering for an Account.
Project Information: Details about Projects posted on the Platform, including descriptions, budgets, and communication between Buyers and Sellers.
Payment Information: Billing address and payment method details (credit card information is not stored by Firmxxperts).
Usage Data: Information about how you use the Platform, such as browsing history, search queries, and IP address.

2 Data Use

We use the data we collect to:

Provide and improve the Platform and services.
Facilitate communication between Buyers and Sellers.
Send you marketing communications (with your consent).
Process payments.
Comply with legal and regulatory requirements.

3 Data Storage and Security

We take reasonable steps to protect User data from unauthorized access, disclosure, alteration, or destruction. However, no internet transmission or electronic storage method is 100% secure.

4 Your Data Rights

You have certain rights regarding your data, including the right to:

Access your data.
Rectify inaccurate data.
Erase your data.
Restrict the processing of your data.
Object to the processing of your data.
Withdraw your consent (where applicable).

For more information about your data rights and how to exercise them, please see our Privacy Policy (https://firmxxperts.com/privacy-policy/).

Limitation of Warranties

THE PLATFORM AND ALL ASSOCIATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FIRMXXPERTS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIRMXXPERTS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. FIRMXXPERTS DOES NOT WARRANT THAT THE RESULTS OBTAINED BY THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE. YOU USE THE PLATFORM AT YOUR OWN RISK.

Disclaimers

1 Force Majeure: Firmxxperts shall not be liable for any delay or failure in performance due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, labor strikes, earthquakes, floods, or other natural disasters.

2 Third-Party Content: The Platform may contain content provided by third parties. Firmxxperts does not endorse or warrant the accuracy or completeness of such third-party content. Firmxxperts is not responsible for any harm or loss resulting from your use of third-party content.

3 Links to Other Websites: The Platform may contain links to other websites. Firmxxperts is not responsible for the content or privacy practices of other websites. You should review the terms of use and privacy policies of other websites before using them.

4 Experimental Features: The Platform may include experimental features that are not fully supported. These features may be subject to change or removal without notice. Your use of experimental features is at your own risk.

5 Investment Disclaimer: The Platform may contain information about products or services offered by third parties. This information is for informational purposes only and should not be considered investment advice. You should consult with a qualified financial advisor before making any investment decisions.

6 Earnings Disclaimer: Firmxxperts does not guarantee that you will earn any income from using the Platform. Your success depends on a variety of factors, including your skills, experience, and the effort you put in.