Terms and Conditions for User.

DUUABL CONDITIONS OF USE

Duuabl Operations OÜ (16883964), address Veerenni 40a, district of Kesklinn, Tallinn, Harju County, 10138 (hereinafter: Platform) is the manager and owner of the mobile application „Duuabl“ (hereinafter: Application). 

The following terms and conditions shall apply to the legal relationship between Platform and the users of the Application (hereinafter: Conditions of Use). All users of the Application shall be bound to the Conditions of Use.

1.   General provisions

1.1 When interpreting the legal relations arising from the use of the Application, the parties shall be guided by the Law of Obligations Act, other laws of the Republic of Estonia, other legislation, and the agreement in the Terms of Use when regulating their mutual relations.

1.2. Platform reserves the right to change the Terms of Use at any time and unilaterally by notifying thereof on the Application website.

2. Nature of the Application and conditions of use

2.1. The Application is a mediation environment created and managed by Platform, which allows persons registered as a service provider (hereinafter: Provider) provision of various works and services (hereinafter: Services) and registered users (hereinafter: Users) purchasing Services. 

2.2. Only Providers registered in a special parallel application have the right to provide the Service in the Application. When ordering the Service from the Application, the Contract for the provision of the Service is entered into in the context of the Law of Obligations Act, the parties to which are the Provider (Contractor) and the User (Contracting Authority). 

2.3. Use of the Application is subject to a non-exclusive license granted by Platform. The License Agreement is valid indefinitely and is free of charge for the User. Defects in the software will be rectified as soon as possible, but the Application may occasionally be subject to technical errors, and Platform cannot guarantee that the Application will always work, forever and properly. Also, Platform will not be liable for any damages resulting from the Application not working or being unable to be used as intended. If the right to use the Application is revoked, the corresponding non-exclusive license will also become invalid.

2.4. The Application is only a means of communication between the User and the Provider, and deriving from this Platform cannot influence or be liable for the quality or deficiencies of the Services. Platform cannot guarantee that the provision of Services via the Application will always be performed correctly and without deficiencies. Platform themselves will not provide Services, nor are they liable for the quality of Services; Platform is only an intermediary for concluding contracts for the provision of Services between the Provider and Users. 

3. Registration of the Account

3.1. Upon registration of the User, the person submits a digital subscription application via the Application (hereinafter: Subscription Application), which contains the following information:

name;

desired password;

place of residence/location;

e-mail address;

phone number.

3.2. The User confirms in the Subscription Application that he/she has read the terms of use of the Application and is at least 18 years old. 

3.3. Based on the Subscription Application, a user account of the Application will be created for the User (hereinafter: Account). Platform will notify the User of the creation of the Account by e-mail. 

3.4. When logging in, the User can access the Account by entering his/her e-mail address and password.

3.5. In order to protect the Account, the User undertakes to keep his/her password confidential and ensures that third parties do not have the opportunity to order Services through the User's Account without the User's knowledge.

3.6. Platform may, without giving reasons, refuse to approve the Subscription Application and to create an Account. Platform may cancel the User's Account and delete the User and all data related to the User from the Application environment without justification and prior notice. 

4.   Ordering the Service

4.1. The prerequisite for ordering the Service is linking a valid credit card to the Account. 

4.2. In order to order the Service, the User submits an application for ordering the Service via the Application (hereinafter: Order). For ordering Services, the User shall: 

1. Choose suitable services from the list of Services;
2. Enter an address for the provision of requested Services;
3. Add a picture that enables the Provider to get acquainted with the content of Services, if necessary;
4. Choose a preferred date and time range for the provision of Services;
5. Choose a suitable service provider from the list of Providers or post the order in the Work wall;
6. Review and confirm the Order.

4.3. Upon confirmation of the Order by the User, the Order will be forwarded to the Provider. The Provider will immediately review the Order and, if appropriate, will confirm the Order. In case of non-compliance, the Provider will reject the Order.

4.4. After the Order has been confirmed by the Provider, a corresponding notification will be sent to the User via the Application. The notification shall set out the content of the Service, the time of provision of the Service, and the data of the Provider providing the Service.

4.5. The User undertakes to provide true information when placing the Order. Neither Platform nor the Provider shall be liable for improper performance, non-performance or any consequences thereof due to incorrect data provided by the User. 

4.6. The User and the Provider may cancel the Order retrospectively. If the User cancels the Order less than 90 minutes before the deadline for the provision of the Service or after the deadline for the provision of the Service, The User undertakes to pay Platform a contractual penalty for late cancellation in the amount corresponding to the Hourly rate of the ordered Service. The contractual penalty will become immediately chargeable and will be paid automatically from the booking described in section 7.5 below. Platform will send an invoice regarding the corresponding part to the User's e-mail address.

4.7. Services are provided to both natural and legal persons.

4.8. The User and the Provider are obliged to pay for the work or Service offered on the Platform platform or taken from the platform through the Duuabl application. The User and the Provider are prohibited from settling the hourly or agreement fee outside the Application. In the event of deviations, Platform has the right to demand a contractual penalty of 100 (one hundred) euros from the User and the Provider who have violated the aforementioned obligation or prohibition to block the user account and to prohibit further use of the applications. Platform reserves the right to change these terms at any time.

5. Contract for Services and Provision of the Service

5.1. If the User and the Provider have confirmed the Order, it is deemed that a contract for Service has been entered into between the Provider (Contractor) and the User (Contracting Authority) within the meaning of § 635 of the Law of Obligations Act and taking into account the conditions provided in the Terms of Use (hereinafter: Contract).  If the content of the Services rather more conforms to some other type of contract established in the Law of Obligations Act, a contract for providing the respective services is considered concluded between the Provider and the User, also considering the terms and conditions specified in the Contract. 

5.2. The legal relationship between the Provider and the User is regulated by the Contract, and the Service is provided on the basis of the Contract.

5.3. The following terms and conditions have been accepted by the Provider and are an integral part of the Contract between the User and the Provider. The unregulated part is based on the general regulation of the Law of Obligations Act.

5.4. Service. The Provider shall perform the Service ordered by the User on the basis of the Contract. The Provider will perform the Service for the period specified in the Application.

5.5. Fee. The User shall pay the Provider a fee for the provision of the Service to the extent provided in clause 6 and pursuant to the procedure provided in clause 7. 

5.6. Obligations of the Provider. The Provider undertakes to:

1. Provide Services in compliance with the Contract for Services, valid legislation and guidelines from the User;
2. Observe, in providing and organising Services, the reasonable interests and goals of the User as well as all legitimate guidelines from the User;
3. Immediately contact the User for guidelines, if these are necessary for providing Services;
4. Notify the User immediately about all circumstances that have an impact on the provision of Services or on the performance of other obligations of the Provider arising from the Contract for Services that the User may have reasonable interest in;
5. Also perform, without separate agreements, such work and procedures that have not been ordered by the User, but the performance of which is ordinarily necessary for the proper performance of the Contract for Services and for achieving the goals and that are inherently part of Services.

5.7. Rights of the Provider. The Provider has a right to:

1. Request guidelines from the User, if these are necessary for the provision of Services;
2. Suspend the provision of Services, if the Provider has requested guidelines from the User and the User has not provided the guidelines within a reasonable time frame and without good reason.

5.8. Obligations of the User. The User undertakes to:

1. Immediately provide the Provider guidelines and source data, if these are necessary for providing Services;
2. Review and accept or decline Services after Services have been provided;
3. Notify the Provider immediately about all circumstances that have an impact on the performance of obligations of the User arising from the Contract for Services that the Provider may have reasonable interest in.

5.9. Rights of the User. The User has a right to:

1. Inspect the course of providing Services at any time;
2. Demand, if there are deficiencies in Services, that the services are corrected to comply with the terms and conditions of the Contract for Services.

5.10. Liabilities of the Provider. The Provider is solely liable for the proprietary and non-proprietary damage to the User arising from the Provider's actions or omissions, as well as the defects of Services.

6. Service Fee  

6.1. All Service Fees within the Application are indicated in euros. 

6.2. The Service Fee comprises an hourly fee (hereinafter: Hourly Fee) and the cost of materials and additional services (hereinafter: Additional Fee; hereinafter jointly: Service Fee).  

6.3. The amount of the Hourly Fee is determined by the Contractor by the type of Services and is visible on the profile of each Provider upon submission of the Order. 

6.4. The Provider will start the timer for the Services in the Application when they begin providing Services and will stop the timer when they stop providing Services. The Application will automatically calculate the time spent for providing Services and the amount of the Hourly Fee. The Hourly Fee will be calculated on a minute-basis, except for the first working hour, which will always be calculated on the basis of the Hourly Fee as a full hour, regardless of the actual duration of the work.

6.5. If the provision of Services necessitates the use of additional materials by the Provider or the provision of other additional services or the Provider has additional costs (consumables, installed equipment, transport etc) in relation to providing Services, the Provider will add an Additional Fee to the Service Fee via the Application. The Additional Fee will be added to the Service Fee only when the Additional Fee has been agreed with the User beforehand and the User has given an express consent to the Provider for the respective costs. A 3% payment intermediation fee (including VAT) is added to the material fee.

6.6. The Additional Fee may total a maximum of 3000 Euros. The costs exceeding the maximum total of the Additional Fee shall be settled by the Provider directly with the User. 

6.7. The hourly fee specified by the Provider is final and exhaustive. The Provider shall withhold from the Service Fee all statutory taxes and payments (income tax, unemployment insurance, compulsory pension insurance etc.).

7. Payment of the service fee by the User

7.1. Immediately after the provision of Services, the Application will automatically, and considering the principles specified in the above chapter 6, the final amount of the Service Fee that shall be paid by the User immediately. The Application will automatically prepare an invoice for the Service Fee on behalf of the Provider and this is forwarded to the e-mail addresses of both the User and the Provider.

7.2. The payment of the Service Fee by the User shall be performed automatically via a credit card payment.  The intermediation of credit card payments in the Application is performed by EveryPay AS.

7.3. The receiver of the credit card payment is Platform that will pay the acquired total of the Service Fee to the Provider after deducting all monetary liabilities falling due under the present Contract by the Provider to Platform

7.4. Platform act as an economic agent of the Provider by providing credit card payments, mediating payments made in the Application. The User's obligation to the Provider shall be deemed fulfilled from the moment the payment order is issued for the payment of money to the Platform bank account. Platform is not the executor of the User's payment order.

7.5. The User undertakes to ensure that at the time of providing the Service, his/her credit card has sufficient funds to be able to pay the Service fee by automatic credit card payment immediately after the provision of the Service. In order to check the solvency of the User, after confirming the Order, but not more than 48 hours before the planned start of providing Services, the amount corresponding to the Hourly Fee of the ordered Services is booked from the credit card of the User. If necessary, an additional booking will be made in the course of the provision of Services to cover additional Hourly Fee and Additional Fee. If the credit card of the User does not have sufficient funds for those bookings, the Application will automatically cancel the Order and both the User and the Provider will be notified of the cancellation. 

8. Quality of Service 

8.1. The compliance of the Service with the terms of the Contract must be ensured by the Provider. 

8.2. Platform is not responsible for any shortcomings in the provision of the Service or compliance of the Service with the Contract. The User may submit claims arising from the breach of the Contract and use legal remedies only against the Contractor (except for the limited right to file a complaint specified in clause 9 below).

9. Right of submitting complaints

9.1. The User has a right to submit to Platform a complaint regarding the compliance of Services under the Contract for Services within 7 days from the provision of Services (hereinafter: Complaint). 

9.2. The complaint must be submitted via the Application or e-mail, in Estonian, and with a description of the shortcoming(s) of the Service as in a manner comprehensible as possible. If necessary, pictures of the shortcomings of the Service must be attached to the Complaint.

9.3. Platform shall immediately forward the Complaint to the Provider, request the Provider's comment on the shortcoming, and review the Complaint no later than on the first workday following its submission. 

9.4. Platform subjectively assess the validity of the Complaint and rely exclusively on the data provided by the Complaint and collected from the Provider.  

9.5. If Platform determines that the Complaint is justified and the Provider has violated the terms of the Contract for Services, Platform may withhold all or part of the Service Fee and refund it to the User. In this case, the User is considered to have withdrawn from the Contract for Services concluded with the Provider and the Service Fee is refunded to the User according to legislation.

9.6. The Complaint is not a legal remedy of the User arising from legislation and the submission of the Complaint does not limit the User's other legal rights in the contractual relationship with the Provider, but is an additional contractual assistance measure and means provided by Platform to ensure the quality of Services within the limits of the Service Fee paid by the User. In respect of damages or deficiencies exceeding the Service Fee that become apparent after the term for submitting a Complaint, the Complainant may apply all legal remedies provided by legislation directly against the Provider.

10. Right of withdrawal

10.1. Pursuant to the Law of Obligations Act, a User who is a consumer for the purposes of § 1 (5) of the Law of Obligations Act may withdraw from a contract entered into by a means of communication within 14 days without giving a reason. The respective right of withdrawal within 14 days applies to the Contracts for Services concluded via the Application. The term for exercising the right of withdrawal starts from the day of concluding the Contract - i.e. from the day the User receives the confirmation of the Order specified in clause 4.4 above. 

10.2. The right of withdrawal ends 90 minutes before the planned start of the provision of Services.

11. Processing the personal data of the User

11.1. Hereby, the User undertakes to give Platform consent for the processing of its personal data. 

11.2. The personal data of the User that has became known to Platform upon account registration and the provision of Services shall be entered in an electronic register and used to forward to the Provider information related to the Contract for Services and to provide Services to the User

11.3. The User undertakes to agree to the use of its personal data by Platform in order to receive offers. The User has a right to submit, at any time, a request to stop the forwarding of offers and/or to delete its contact details from the database.

11.4. When requesting card data, security systems shall be used that corresponds to a reasonable average level in the field of economic and professional activities.

11.5. The source of personal data and the basis for their processing is the creation of a user relationship in the Application when creating an Account according to the Terms of Use. The processing of personal data is a prerequisite for ordering the Services.

11.6. The personal data to be registered includes data on the User's Order - surname, first name(s), place of residence and address for ordering the Service, telephone number, e-mail address, method of payment, acceptance of the Terms of Use, and acceptance of sending sales offers.

11.7. Personal data shall be processed by Duuabl Operations OÜ (16883964), address Veerenni 40a, district of Kesklinn, Tallinn, Harju County, 10138. 

11.8. The Parties to the Contract (i.e. the User and the Provider) will be provided with the other Party’s personal data that is necessary for the other Party to perform the Contract for Services (incl. e-mail address and name of the User). Hereby, the User agrees that Platform has a right to forward such data to the Provider.

11.9. Platform undertakes not to forward the registered personal data to third persons that have not been specified in the Contract.

11.10. Platform has a right to forward the personal data of the User to third persons, if the liability of processing the personal data arises from legislation. 

11.11. The User has a right to review the personal data concerning them, as well as to request amending these or deleting their personal data from the databases of Platform. 

11.12. Upon account registration or Order creation, the User shall give to Platform consent to receive the following to the specified e-mail address:

1. confirmations and notifications that have been described in the Contract or are necessary for the proper and lawful functioning of the Application (incl. notice on account registration, notification on Order confirmation etc); 
2. to send information letters if the User has expressed a wish to receive such notifications when placing an Order or creating an Account (tick the appropriate window). The User has the right to withdraw such consent later by clicking on the link at the end of the letter to cancel the information letter.

12. User liability and dispute resolution

12.1. The User agrees to use the Application only in accordance with the law and good practices. 

12.2. The User shall be liable for any damages caused to Platform, the Provider or third parties due to the use of the Application in violation of the Contract, the Contract for Services, legislation or best practice

12.3. Disputes between the User and Platform arising from the Terms of Use of the Application shall be resolved in accordance with the legislation in force in the Republic of Estonia. If no agreement is reached, the disputes will be resolved in Harju County Court.

13. The Conditions of Use are mandatory and binding

12.1. Upon account registration, by marking the respective choice “I agree to the conditions of use for the application” and by then clicking the button “I agree”, the User confirms that they have read the Conditions of Use, understood these, agrees to the Conditions of Use and affirms their validity.

12.2. The Conditions of Use are mandatory and binding for the User in their entirety.