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TERMS OF USE – PROVIDER

‘Version 1.0’- Last update March 1st, 2023
Welcome to Eknons.com!

Agreement to the terms

These terms and conditions constitute a legally binding agreement made between  Eknon Tech OÜ doing business as( “Eknons.com”, “The Site”, “The Marketplace “We”, “Us”, or “Our” ) concerning your access and use of the https://www.Eknons.com/ as well as other media form, mobile website, mobile application, registered in Estonia as EKNON TECH OÜ registration number 14373354. Which provides an online marketplace for digital goods, products, and services ( “Service” ) to the natural or legal person who is using the website (“User”, “Users”) and where private individuals, associations, and companies (the “Consumer”, the “Buyer” ) natural or legal person who submits order or can buy services, products, utilize the services or describe assignments they wish to have performed and where are private individuals, associations and companies ( “Service Provider”, “You” or “Your”) a natural or legal person who provides offer, sell and promote services and with whom the Consumer concludes a contract for the provision of Service.   “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.        

In addition to general TERMS OF USE, Eknons.com and The Service Providers are guided by the special terms (Agreement) for the services, products, and goods offered by Service Provider.

By accessing this website, submitting a request, or creating an account in the Service we assume Service Provider accepts the Agreement terms. Do not continue to use Eknons.com if Service Provider does not agree to take all of the terms and conditions stated in this Agreement.

If the Service Providers have agreed upon the Service, the conditions specified in this agreement also apply. The general TERMS OF USE and the terms in this Agreement and any additional agreement are collectively referred to as the “Agreement”. The agreement is considered binding from and including the date the Service Provider approves it.

Service Providers’ Terms

  • During the entire period of the Agreement, the Service Provider commits to hold all legal documents, tax certificates, and licenses comply with the law and follow the decisions and recommendations of the relevant authorities in the event of a dispute with the Consumer.
  • The Service Provider hereby appoints Eknons.com as the agent to facilitate the booking of the Services. The Service Provider will make the Service available to Consumers in the agreed upon manner as described in the service page. In accepting appointment as the authorized agent of the Service Provider, Eknons.com assumes no liability for any acts or omissions of the Service Provider.
  • If the Service Provider provides a defective Service or fails to meet the deadline for Service delivery or delivers a Service inconsistent with the order specification, or a Service described as unsatisfactory pass or failing in the Service quality assessment, Eknons.com may demand that the Service Provide rectify any defects within a specified time limit. Upon ineffective expiry of the indicated time limit, Eknons.com may cancel the Agreement or/and hire another Service Provider to rectify the defects or perform the Service at the expense and risk of the Service Provider.
  • Service Provider is controlling the availability, bookings, invoices and offers using your internal system, within the specified timeframe.
  • If the Service Provider unable to perform the service within the specified timeframe, any amounts collected by Eknons.com for the requested service will be refunded to the applicable Buyer’s credit card and any pre-authorization of such credit card will be released.
  • The Service Provider understands and agrees that once a consumer has bought the service, the price for such service may not be altered.
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  • The Service Provider who has failed to perform the Service or has performed it incorrectly through its fault, thus causing damage to Eknons.com or any of its users, shall be financially responsible proportionally for the damage caused.
  • The Service Provider must not utilize any users’ Information or content that has been received through the Service of Eknons.com for any purpose other than offering its services as a direct response to the service description and may not give unauthorized third parties access to information obtained through the Service.
  • The Service Provider understands that Eknons.com is not a party to the agreements entered into between Service Providers s and Consumers, between Service Providers s and Users, and between Service Providers s and other Service Providers.
  • The Service Provider is obliged to compensate for damage caused by the Service Provider breaching the Agreement or otherwise acting negligently.
  • The Service Provider is responsible for ensuring that all content that the Service Providers uploads or otherwise generates in the Service is correct, cannot be perceived as offensive or objectionable, does not contravene the law or the rights of third parties and that any permissions required by law or other regulation have been obtained. This also applies to the content of other websites that the Service Provider links to in the Service.
  • The Service Provider might contact Eknons.com to complain about the Consumer if the provided contact information is not correct or communication methods do not work. In such a case, complaints must be made by the Service Providers contacting Eknons.com’s customer service no later than 7 working days after the Service Providers should have become aware of such inaccuracy. If the Service Providers has sent an initial message to the Consumer within the Service and the contact details then turn out to be incorrect, the above-mentioned deadline shall start counting from the time such message was sent.
  • The Service Provider must report any errors in the Service in writing to Eknons.com within 7 days from when the Service Provider discovered or should have discovered the error to be entitled to compensation. Any compensation is limited to a maximum of the amount that the Service Providers paid for the Service for the period when the error occurred.
  • The Service Provider approves that Consumers can leave reviews about tasks carried out by the Service Providers.
  • The Service Provider does not have the right to request the removal or correction of submitted reviews but has the opportunity to respond to the Consumer’s reviews. The Service Providers’ response is published on Eknons.com’s website in connection with the consumer’s review. However, Eknons.com reserves the right not to publish answers that are inappropriate, in violation of the law or that can be perceived as offensive. 
  • Eknons.com reserves the right, without prior information to the Service Providers, to delete content published by the Service Providers if the content is deemed illegal or otherwise, inappropriate.
  • Eknons.com reserves the right to supervise the performance of the Service by the Service Provider to ensure the highest quality of the Services. For the Service quality assessment, Eknons.com shall use its different assessment methods.
  • Eknons.com reserves the right to limit the availability of the Service to the extent that Eknons.com deems necessary to update and improve the Service. Compensation cannot be claimed for such disturbances.
  • Eknons.com is not responsible for the content of Consumer reviews but undertakes not to publish reviews whose content violates the law or which Eknons.com otherwise considers inappropriate.
  • Eknons.com owns the rights to the Service and all content uploaded or created therein by Service Providers and Consumers. When uploading content such as information about the Service Providers, text, and images, the Service Provider grants Eknons.com the unrestricted right to freely dispose of the content by, for example, processing, adapting, storing, or copying it and making it available to the public regardless of the media channel, as well as to pass these rights on to Eknons.com’s partners and may also use the content for marketing purposes.
  • The parties shall be exempted from damages and other penalties if the fulfillment of a certain commitment is prevented or significantly hindered by a circumstance that the party could not reasonably control or foresee. As a liberating circumstance, i.a. changes in the law, lightning strikes, fires, government regulations or other public regulations, war, natural disasters, or faults in major telecommunications or data networks are considered.
  • The parties may, within the framework of the Agreement, process personal data. The parties agree that each Party is the personal data controller for its own personal data processing.
  • To the extent that the Party discloses personal data to the other Party, the receiving Party is the personal data controller for the data and shall only process the data for purposes that are in line with the Agreement. It is the responsibility of each Party to ensure that the processing of personal data takes place as per applicable legislation and to take all appropriate technical and organizational measures required.
  • To the extent that Eknons.com must delete or update the Consumer’s data following the Data Protection Regulation or other applicable law, the Service Provider is not entitled to a refund because the Service Provider can no longer see this data in the Service.

Service Fees
Eknons.com collects a service fee only from The Service Providers. A Service Fee that is charged to the Service Provider based upon a percentage of the amount of the Service Cost. Where applicable, Taxes may also be charged in addition to the Service Fee.

Taxes
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Eknons.com cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Service Provider is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

Payment

The price displayed on the booking page is generally the Total Cost of the service including the applicable Taxes based on the Service Provider’s Terms as outlined on the Service page. The Service Cost and applicable Taxes are collectively referred to in these Terms as the “Total Cost” Which is solely determined by The Service Provider Services. Eknons.com will collect the Total Cost at the time of purchasing and booking confirmation acting on behalf of the Service Provider. The Payment (defined as the Total Cost minus Eknons.com Fees) will be payable directly to the Service Provider once the Service delivered completely to the Consumer based on the Payment Terms as stated by Eknons.com.

You acknowledge and agree that Eknons.com reserves the right, in its sole discretion, to introduce and collect other fees from you and will provide notice of any fees via the Website, while implementing such features.

Confidentiality

The Parties mutually undertake not to disclose information that the Party has received from the other Party and which is to be considered a trade secret or can otherwise be assumed to be confidential. The Parties shall also take the necessary measures to prevent such information from being disclosed by the Party’s employees to outsiders. Materials or information that Eknons.com receives from the Service Provider to provide the Service is never to be considered confidential. If the Service Providers breaches the Agreement, Eknons.com has the right to inform Consumers who use the Service about this.

  • The Service Provider shall keep confidential all information and data, including those involving Consumer’s information and Eknons.com Agreements in connection with the Service. 
  • The Service Provider shall have the right to disclose Confidential Information only to its employees who need such information to perform their obligations under the cooperation, and only to the extent that is necessary for the proper performance of the Service.
  • If the Service Provider suspects that any unauthorized third party has come into possession of Confidential Information, including, in particular, an unlawful breach of the security of the IT systems used by the Service Provider, the Service Provider shall immediately notify Eknons.com of this fact and take all necessary security measures. 

Changes

Supplemental terms or Agreements that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert Service Provider about any changes by updating the “Last updated” date of these Terms, and Service Provider waives any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time the Service Provider uses our Site so that Service Provider understands which Terms apply. Service Provider will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by continuing use of the Site after the date such revised Terms are posted.

Eknons.com has the right to change the appearance, functionality, and content of the Service without notifying the Service Providers beforehand.

Business Changes Or Transfer

The Service Provider’s rights and obligations under the Agreement may not be transferred in whole or in part to anyone else without Eknons.com’s written consent. If the Service Provider changes the company form, a new agreement must be signed.

If Eknons.com allows transfer, the new Service Provider is jointly and severally liable with the departing Service Providers for obligations relating to the period before the time of transfer.

Agreement period and termination

The Service Provider and Eknons.com have a mutual right to terminate the Agreement after the end of the binding period with three (3) months’ notice unless the Service Provider has a pending service or an obligation toward a Consumer or/and a User.

Termination of the Service takes place by the Service Providers filling in a termination form provided by Eknon.com Customer Service. The termination is then registered on the day the form is received.

Regardless of what is stated above, Eknons.com has the right to immediately suspend the Service if the Service Provider breaches the Agreement, and to keep the Service Provider suspended until the Service Provider fulfills the terms of the Agreement. If the breach of the Agreement is material, Eknons.com further reserves the right to cancel the Agreement in its entirety, suspend the Service Providers permanently, and demand compensation for any damages incurred as a direct consequence of the Service Providers’ material breach of the Agreement.

Eknons.com has the right to terminate the Agreement with immediate effect if the Service Providers has been declared bankrupt or can be assumed to be insolvent.

CONTACT US

In order to resolve a complaint regarding the Site Offerings or to receive further information regarding use of the Site Offerings, please contact us at:

Eknon Tech OÜ

Tallinn, Estonia

hello@Eknons.com