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- DIFOL BERZA
I GENERAL PROVISIONS
Geelancer.com is a service located at the web addresses http://www.geelancer.com and http://www.geelancer.rs(hereinafter: the Service) and it is part of the information society services provided by DIFOL LTD., a manufacture, trade and import-export service company in Belgrade, Svetozara Papića Street 21/10, company number: 17347195, TIN:100099122 (hereinafter: the Company).
The service is designed for establishing communication and intermediation between people engaged in the design business and those who require design services, whether by placing a design offer or hiring a designer directly.
The Service allows its Users to use it as a virtual market, i.e. a software platform to create, post, change and announce design offers, as well as to apply for them. Furthermore, they are able to hire a designer directly.
The Company is dedicated to maintaining and enforcing personal rights, privacy rights, data protection, copyrights and fair business practices, all in accordance with the rules of information trade, fair business practices and applicable regulations of the Republic of Serbia.
II SERVICE INTEGRITY
The Geelancer.com service is primarily intended to educate, inform and promote the Users and their content, as well as to create offers and apply for them, along with the possibility of direct hiring.
Texts, comments or other inputs made by the Users on any part of the Service (for instance in a portfolio, offer, etc.) must be accurate and correct.
The User who entered the data is solely responsible for the accuracy and correctness of the entered data. The accuracy of the entry implies that it comes from a competent source and/or personal experience of the user. Correctness implies grammatical and spelling correctness.
Time frames and deadlines, as well as time zones and non-working days, are calculated in accordance with the applicable regulations of the Republic of Serbia.
III PROTECTION OF RIGHTS
The Company shall on each occasion provide full support to the protection of personal rights, privacy and copyrights to all individuals who have interest in bringing an action or whose rights were violated without delay by:
The Company holds exclusive copyright over the Service and each individual element comprising the Service such as text, visual and audio elements, visual identity, data and databases, source code, user interface and other elements.
Unauthorized use of the Service, in whole or in part, without prior explicit written permission of the Company as the exclusive holder of the copyright, shall be considered a violation of the Company’s copyright and subject to legal action to the fullest extent of the law.
The Service may contain other elements exclusively copyrighted by other individuals such as the content of customers, Users, business partners, advertisers and free content.
The aforementioned individuals are solely responsible for the content over which they hold copyright regardless of the content being located on the Service.
By uploading any kind of content, the User agrees to the uploaded content becoming visible to any visitor and/or User of the Service.
Further sharing of user content from the Service, even partial, is allowed only with prior written permission of the Company with a reference that the content was taken from the Geelancer.com website.
The company reserves the right to change and suspend (whether temporarily or permanently) any element of the Service, the services provided as well as the content or input, regardless of the content’s author without prior warning or notice, in accordance with fair business practices.
The company is exclusively responsible for the content over which it holds copyright. Each individual is solely responsible for their authored content made publicly available through the Geelancer.com service.
Advertising on the Service is possible in the manner and under the terms laid down by the Advertising Law and other existing laws that regulate the field.
VI DATA GATHERING AND PROCESSING
Data submitted during registration shall be complete and always accurate, and it specifically contain the following:
For natural persons: name and surname, username, e-mail address, residence address, city, country, postal code, telephone number, preferred language and type of service.
For legal persons: full business name, username, e-mail address, head office address, city, country, postal code, representative’s telephone number, TIN, personal identification number and type of service.
The aforementioned data is collected solely for the purpose of enabling paid services provided by the Company through the Service and is not processed in any other way. By providing this data, individuals agree to their data being collected for the aforementioned purpose.
Users are obligated to update their personal data in a timely manner if any change occurs. The title, name or pseudonym used to identify the user through the Service must not in any way be inappropriate and/or offensive, contain a reference to an e-mail or web address or be used to violate the rights of a third party.
The company is responsible neither for the accuracy of the data entered into the Service by other individuals nor the results of potential data processing such data was subjected to.
Users’ mutual Non-Disclosure Agreement
An agreement between all users that interact regarding NDA offers obliges those users to not reveal details of contest or offers to others.
This Nondisclosure Agreement (the "NDAgreement") is entered into by and between Disclosing Party and Receiving Party for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information ("Confidential Information").
1. Definition of Confidential Information: For purposes of this NDAgreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged.
2. Exclusions from Confidential Information: Receiving Party's obligations under this NDAgreement do not extend to information that is:
3. Obligations of Receiving Party: Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information.
4. Time Periods: The nondisclosure provisions of this NDAgreement shall survive the termination of this NDAgreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this NDAgreement, whichever occurs first.
5. Relationships: Nothing contained in this NDAgreement shall be deemed to constitute either party a partner, joint venture or employee of the other party for any purpose.
6. Severability: If a court finds any provision of this NDAgreement invalid or unenforceable, the remainder of this NDAgreement shall be interpreted so as best to effect the intent of the parties.
7. Integration: This NDAgreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This NDAgreement may not be amended except in a writing signed by both parties.
8. Waiver: The failure to exercise any right provided in this NDAgreement shall not be a waiver of prior or subsequent rights.
This NDAgreement and each party's obligations shall be binding on the representatives, assigns, and successors of such party.
VII SERVICE USERS AND TYPES OF USERS
Initiation and Termination of Use
User may be any natural person of legal age, as well as an underage natural person with consent from a parent or guardian, as well as a properly registered legal person.
The use is initiated by confirming the verification e-mail sent by the Service via electronic mail to the address provided by the User during the start of the registration process.
A user may cancel their use at any moment, without prior or subsequent explanation, in the following ways:
Certain information, and/or your personal information, or part of it, may remain on website and/or in our archives and be used for administrative and similar purposes, like:
The user whose use was cancelled by the company is prohibited from registering again, whether under their own or someone else’s name, without prior explicit consent of the Company.
The individual who violates this prohibition is obligated to pay to the company’s bank account liquidated damages in the amount of 20,000.00 RSD or 200,00 EUR within three days of receipt of the written payment request from the Company. The Company shall block the account on the Service of the User who violated the abovementioned prohibition. The Company reserves the right to permanently ban the account of such user.
User Categories (Types)
There are four user categories (types):
Classic Designer User
Use of the Classic Designer category is completely free, with the exception of the commission paid for the Company’s services, and grants the User access to all of the content and services provided by the Service indefinitely, with the exception of the content and services available to Premium Designer Users.
Premium Designer User
Use of the Premium Designer category is completely free, with the exception of the commission paid for the Company’s services.
In order for a User to be eligible for the Premium Designer category, they have to be already registered as a Classic Designer user.
Use of the Premium Designer is achieved based on the decision of the Company which has the discretionary right to award the Premium Designer category to Users of their own discretionary choice.
Some of the criteria for awarding the Premium category:
A user may request use of the Premium Designer at any moment by clicking the option ‘Become a Premium Designer’.
The Company has the discretionary right to accept or deny any request for user transfer from the Classic Designer category to the Premium Designer category of use without any prior or subsequent explanation or notice, to which the User has no right of appeal.
Only Premium Designer users are allowed to participate in the Premium offers (design contests) posted on the Service.
Natural person - Client
Use of the Service for the category Natural Person – Client is completely free, with the exception of the commission paid for the Company’s services.
This user category allows the Natural Person – Client to create an offer for any design needs, i.e. hire any Designer User to do any design job using the GeeMee service as special service of the Service.
Legal person - Client
Use of the Service for the category Legal Person – Client is completely free, with the exception of the commission paid for the Company’s services.
This user category allows the Legal person – Client user to create an offer for any design needs, i.e. hire any Designer User to do any design job using the GeeMee service as special service of the Service.
The user is obligated to keep their access data during the entire period of use (especially the password chosen during registration which is necessary to use the Service) confidential as well as not to reveal their access data to a third party. Violating this obligation is at the user’s own risk and they shall bear full responsibility for any actions taken by the third party to whom the access data was revealed.
The content posted by a User on the Service may consist of a URL link and/or an web address unless used for advertisement or promotion.
The Company is not obligated, but reserves the right to remove all external and/or internal links as well as any other content found to be unsuited for the purposes of the Service.
The User is obligated not to post any promotional or advertising content.
The Company has the right to charge the User who violated the abovementioned prohibition and posted advertising (or promotional) content a commercial advertising fee for the duration of time the advertising message was available on the service.
The User is obligated to deposit the money into the Company’s bank account within three days of receipt of the invoice under threat of foreclosure.
Any visitor, as well as User, is prohibited from blocking, covering or altering content generated by the Service as well as blocking or preventing in any manner the error-free operation of the Service.
Use of mechanisms, software or other programming tools which may disrupt regular activity of any of the Service’s websites as well as related websites is prohibited.
The User is prohibited from undertaking any actions which may lead to inappropriate and excessive use of the infrastructure or overloading of the Service.
The Company is not obligated to check or in any way control any User’s behaviour regarding the use of the Service. The Company is not obligated, but reserves the right to check whether the entries, i.e. User-uploaded content on the Service are in accordance with the purpose of the Service.
Authorship Warranty and User Rights
By uploading their content on the Service, the User warrants that he or she has the exclusive copyright over each format, i.e. over each copyrighted particular work such as a text or an image, audio and video works, architecture works as well as other content uploaded to the Service.
In the event of copyright infringement, violation of personal rights or any other right by the User, the Company shall provide full support in each particular instance to the protection of personal rights, privacy rights or copyrights to all individuals interested in bringing an action or whose rights were violated in such manner without delay by:
The User is obligated to pay compensation for any material damage or damage done to the Company’s reputation potentially caused by the User’s actions.
VIII GEEMEE SERVICE AND PORTFOLIO
‘GeeMee’, which is part of Service designed for the User’s Portfolio, represents a unique segment of the Service through which Designer Users may post their personal Portfolios thereby promoting themselves and their works.
Only the Designer User is allowed to upload, create or alter their Portfolio. As mentioned above, each User bears full responsibility for the content (e.g. works) they enter into their Portfolio.
Clients may use the GeeMee service provided by the Service to hire a Designer with an existing Portfolio, directly, for a specific designer job in line with presently available technical possibilities:
1) By clicking the option "Hire Designer", the client gains access to a special segment in which they may post a description of their requested design and offer to hire a designer at their own discretion.
2) The description of the requested design, among other things, has to contain both the deadline and the price of the requested design.
3) Designers who are notified through the service about the hire request are able to accept or refuse the design request or demand a correction of price or deadline. The requested designer is not allowed to demand correction of any other elements of the design request apart from the price and the deadline.
4) In the event the requested Designer refuses the design request or the deadline expires, the Client may offer the same design request to a different designer or remove the design request.
5) In the event the requested Designer demands a correction of the price and/or deadline for the requested design, the Client may either agree to the corrected price and/or deadline or remove the design request within two days of the correction request.
6) After the Client and the Designer come to an agreement regarding the relevant elements of the requested design, including the price and the deadline, the Client is obligated to deposit the amount of the agreed price plus the corresponding commission calculated according to the existing Price List to the Company’s bank account by using the option ‘pay & run’ within five days of receipt of the payment notice. In the event the Client fails to deposit the money within the aforementioned deadline, their request shall be considered withdrawn.
7) After the Company records the deposit, the deadline agreed upon by the Designer and the Client for the completion of the requested design commences.
8) Within the completion deadline, the Designer has the right to upload files which contain the requested design available only to the Designer and the Client who has requested the design.
9) The Client may view the files uploaded by the Designer and post comments for the Designer to see allowing them to communicate in regards to the design completion.
10) The Client may mark the uploaded files as the finalized version in which case they may click on the option "Exchange successful" signifying that the Client accepted the requested design and that the Designer submitted the completed requested design.
11) If the Client does not mark the uploaded files as finalized within the deadline, or clicks on the option "Exchange is not successful" the design request is considered unsuccessful. In that case Geelancer will step in to mediate between Client and Designer with goal of successful completion of the job or to give Client a refund.
12) The Designer shall receive a system notification that they may withdraw the amount of the agreed price for the requested design only if the Client accepts the requested design within the deadline, or if Geelancer reach the verdict that Designer has fulfilled all job requirements.
13) The Client and the Designer are obligated to rate each other upon the conclusion of their collaboration on the requested design regardless of the way the collaboration was concluded (i.e. whether the collaboration was concluded with the delivery of the requested design or not) within ten working days of the day the collaboration was concluded. If they don’t rate each other, system will automatically rate the collaboration with maximum rating.
In the event of cancellation or failure to hire a Designer directly, the Company retains the commission while the received amount of the design price is reimbursed to the Client at their own expense.
The Company does not participate in negotiations, set prices or deadlines, or in any way represent a counterparty in a copyright transfer agreement between the Designer and the Company, which may occur by using the services of the information society provided by the Company.
Company may act as a mediator in a potential litigation between the Client and the Designer while taking into account the contractual obligations of both sides.
IX OFFERS (DESIGN CONTESTS)
Offers (design contests) represent a unique segment of the Service through which Designer Users may apply for public design requests (offers - design contests) published by Clients.
The Client may create a Classic Offer (Classic Design Contest) or Premium Offer (Premium Design Contest) or NDA Offer (Classic or Premium NDA contest) through the Service to acquire the design according to their needs.
The Client-creator of the Classic Offer or Premium Offer or NDA Offer shall pay and deposit the amount of the offer reward and the commission (fee) for offer publishing to the account of the Company prior to the publishing of the offer. After the Offer (design contest) payment is on the Company account, design contest will be published and Client will receive Invoice (Forma) as a confirmation of the payment via email.
The aforementioned forma invoice i.e. invoice is comprised of and includes the calculated:
Upon payment of the total amount (commission and reward) the Client-creator of the offer unconditionally authorises the Company to publish the offer, as well as to transfer on behalf of the Client the amount of the offer reward to the Designer of the winning solution chosen by the Client.
After registering the Client’s payment of the total amount (commissions and rewards) the Company delivers an original electronic invoice which is valid without stamp and signature in accordance with the Electronic Document Act (Article 7), the Accounting Act (Article 9) and the Company Law (Article 25, Paragraph 3).
All offer (design contest) reward or GeeMee job (project) offer amounts are transferred in the currency of the offer reward, if possible, otherwise they are transferred in the domestic currency, whereby the currency conversion costs, or potential decrease of the amount due to the difference in currency conversion, are borne by the Designer.
The Company shall pay the designer who won the offer the full reward specified in the offer description on the Service, minus Service fee according to Price List, and other transfer fees, only after being notified by the Client that they received the correct, required by the offer, usable files they chose as the winning solution.
Every User-Designer winning an offer is obligated to independently calculate and settle all fiscal and public law obligations upon receiving the offer reward in accordance with the applicable regulations of Republic of Serbia governing the field, or in accordance with the applicable regulations of their country of residence, if they are not from Serbia.
In the event that no winner for an offer is chosen, to which the creator has the right, the amount of the offer reward shall be returned to the person who has made the deposit, minus transfer costs, while the Company retains its commission for providing the services of organising the offer.
The Client-creator of the offer has a deadline of 5 (in letters: five) days of the termination of the offer to choose the winner. Otherwise, after said deadline, offer will automatically be set in "no winner" status, after which the offer prize will be returned to the client.
In the event that the Client creator of the offer fails to provide the notice about preferred way of receiving offer prize back, within the deadline od 10 (in letters: ten) days, the Company is entitled to retain the amount of the offer reward as a waiver fee for own income in addition to the commission. It shall be understood that the creator of the offer has wavered the possible request for any reimbursement and/or refund of the deposited amount from the Company.
Classic Offers are open to all Users registered as designers: Classic and Premium Designers.
Premium Offers are only open to Premium Designer Users.
The Right to Create Offers
Every User registered as Client has the right to create, publish and change their offers for their own use (as a natural or legal person).
When creating an offer, the User-Client is obligated to specify the offer description, duration of the offer and the cash reward amount.
Every offer must indicate the sum of the cash reward (hereinafter: reward).
The Company reserves the right to alter the design categories and minimal offer rewards at any moment without prior notice.
Obligations upon Creating an Offer, Duration and Reward
The offer on the Service starts with the creation and publishing of the offer by the User-Client.
The text of the offer includes the following mandatory elements: description of the offer, duration of the offer and the reward sum awarded for the best conceptual design for the offer.
The duration of the offer represents the time in which it is possible to submit a solution for the offer.
The client may not combine several prescribed design categories within one offer.
The company has the right, but not the obligation, if it sees fit, to extend or reduce the duration of the offer to the extent necessary for the proper execution of the selection of the relevant conceptual design, with the objective of achieving the purpose of the Service.
Every client is obligated to explicitly and clearly specify the terms of their offer in detail in the Offer description, particularly in terms of technical requirements (the required dimensions, resolution, etc.), the required formats, etc., in order to obtain the correct, required by the offer, usable files of the solution they chose as the winning one.
Regardless of the type or characteristics of the offer, the Client may at any moment increase the offer reward by paying the difference between the original reward amount and the new reward amount in addition to paying the commission according to the valid Price List at the moment of increasing the reward. The reward may not be reduced.
Regardless of the type and characteristics of the offer, the Client may at any moment extend the duration of the offer with payment of an additional commission according to the valid Price List at the moment of extending the duration. The duration of the offer may not be decreased.
Response to the Offer
As response to the offer, Designer Clients in mutual competition submit their conceptual designs (for instance: works, original works of authorship) which are published publicly within the offer of the Client on the Service.
The User whose work the Client declares as the winning one after expiry of the offer is considered to be the winner of the offer.
The client has the right to refrain from choosing a winner, thus terminating the offer without a winner.
If the Client does not choose a winning work within 5 (in letters: five) days of the closing of the offer, it shall be considered closed without a winner and the offer shall officially change to the 'no winner' status.
Every User chosen as winner of any offer is required to deliver to the Client the correct, required by the offer, usable files of the solution he chose as the winning one, according to the terms of the offer.
The original winning work is delivered to the Client in the required format (the format requested in the offer) and in the event of an additional demand from the Creator of the offer the winning work is also delivered in other formats clearly stated in the offer description. The Client does not have the right to request the winning work to be submitted in formats not clearly stated in the offer description.
If the delivered files contain parts for which copyright is owned by third parties, the User must have permission to use these copyrighted works in accordance with the law.
If the User does not deliver the winning work in accordance with description of the offer or they deliver a work which does not meet the requirements of the offer within 15 days of the day of proclamation of the winner via "exchange", shall not be paid winning prize, as well as have to compensate for any possible damage caused thereby.
The Client is obligated to confirm the reception of the winning work in accordance with the description and terms of the offer via the "exchange" within 15 days of the reception of the winning work, after which the Company shall disburse the reward to the User.
If the Client fails to click on the option "exchange successful" or "exchange unsuccessful" within the deadline, it shall be considered as successful exchange of winning files and designer will be paid. It shall be understood that the creator of the offer has wavered the possible request for any reimbursement and/or refund of the deposited amount from the Company.
The Creator of the offer shall become the copyright holder of the work – offer solution only upon declaring the winner and after the Company disburses the reward money to the winner of the offer.
Only after the winner of the offer receives the full amount of the cash reward and after the creator of the offer receives the original work of authorship – offer solution (in the original and required format) shall the Creator of the offer become the formal legal owner of the work and holder of the property copyright over it.
Service users who are legally considered non-residents are obligated to submit, at their own expense, all documents required for the possible execution of transfer of funds (payments), and commit to bear all costs incurred through the transfer of funds (payments) using OUR payment instructions.
Design Categories and Minimal Offer Rewards
Restriction of the Use of Offer Data
Client information, which is visible in the offer, or any other information the Service may render visible to Users connected to other Users’ Offers may only be used in connection with the offer concerned. Use of such information by the User for illegal purposes, especially for sending unwanted commercial messages, is prohibited.
Failure to Comply with the Offer and Abuse of the Offer
Abuse or any other manipulation of the offer, as well as preventing fair competition (marking or suggesting some work as plagiarism, as well as submitting plagiarism), represents the basis for termination of use, blocking of the account and/or deletion from the User register, as well as for the obligation of the User-violator of the Terms to a liquidated damages payment to the Company account in the amount of 100,000.00 RSD or 1.000,00 EUR within 3 days of the day of invoice receipt from the company, under threat of foreclosure.
X PENALTY SYSTEM
XI PAYMENT OF GEELANCER.COM SERVICES WITH PAYMENT CARDS THROUGH THE INTERNET
Statement of Protection and Collection of Personal User Data and its Use
The Company is committed to protecting the privacy of all its users.
The Company collects only necessary, basic user information required for conducting business and informing users in accordance with fair business practices and in order to provide quality service and the Contractual Relations Act, based on consent.
All user information is kept strictly confidential and is only available to the employees requiring such information to perform their work in the Company. All employees of the Company are responsible for the compliance with the privacy protection principles.
Description of the Manner of Protection of Confidential Information on Transactions
When performing card payments on the Internet, entering the card data is performed on a secure page of the bank.
Data security during card payments is guaranteed by the payment card processor on whose websites the entire payment procedure is performed. At no point does the Company or iPay Ltd. Belgrade, which allows for acceptance of payment card on behalf of the Company, have access to your payment card data.
When entering payment card data, confidential information is transmitted via a public network in a protected (encrypted) form using the SSL protocol and the PKI system as the latest technology.
Data security during transactions is guaranteed by the payment card processor iPay Ltd. Belgrade, hence the entire payment process is performed on the bank websites. At no point is the payment card data available to our Service.
Reimbursements are exclusively performed via VISA, EC/MC, Maestro and DinaCard payment methods, meaning the bank shall upon request of the seller perform a reimbursement on the account of the card user.
Company can offer other ways of internet payment for its Services, like PayPal, where terms and conditions of that money transfer providers will apply.
The Company is committed to disburse the agreed amount to the hired User-Designer, or the amount of the offer reward to the User-Designer who won the offer within 15 (in letters: fifteen) days after the day of meeting the disbursement conditions.
All offer (design contest) reward or GeeMee job (project) offer amounts are transferred in the currency of the offer reward, if possible, otherwise, they are transferred in the domestic currency, whereby the currency conversion costs, or potential decrease of the amount due to the difference in currency conversion, are borne by the Designer.
XIV PRIVACY AND CONFIDENTIALITY OF DATA
Geelancer.com respects the privacy of its Users – users and visitors. Data from the registration process and other user data shall not be disclosed to other parties by the Company.
Information on the Creator of the offer and the User-winner of the offer shall be exchanged for the purpose of achieving direct contact and concluding the appropriate legal transaction with regards to the offer.
Data on the offer shall not be available to third parties unless explicitly required by law.
The company may, in accordance with the law, collect certain anonymous, aggregated data on visits received during the use of the portal (exclusively data about the computer and the internet provider which due to their legal nature are not rendered personal data).
The Company shall use the aforementioned data to collect information which it can use to improve the Service and additionally tailor and adapt its contents to the visitors.
XV UNAVAILABILITY OF THE SERVICE
The Company is not responsible for any temporary unavailability of the Service or for partial or complete dysfunction or malfunction of the same.
The Company is not responsible for technical problems that may lead to delays and/or incorrect electronic data processing, including the system clock.
Internet service providers are responsible for the aforementioned.
The Service may be temporarily unavailable or available to a limited extent, as a result of regular or irregular maintenance of the system or in the event of system upgrades.
By registering on the Service the User gives permission for their e-mail address to be included in the mailing list, i.e. for periodically receiving a newsletter.
The User may unsubscribe from the mailing list at any moment by clicking the option "unsubscribe" within the newsletter itself.
System e-mails (notices) are not considered newsletters and the User chooses the manner in which they shall receive them by selecting options in their user account.
XVII TRANSITIONAL AND FINAL PROVISIONS
DIFOL LTD. BELGRADE
CEO DRAGAN POPOVIĆ
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