General Terms and Conditions

Latest Update: 26 February 2024

GetTrusted is committed to meeting the specific needs of our Enterprise Clients and Partners. We recognize the importance of flexibility in business collaborations. As such, we are fully prepared to create and agree upon Custom-written Terms and Conditions tailored individually to each Enterprise Client and Partner.

These General Terms and Conditions (“Terms”) constitute a legally binding agreement between GetTrusted Escrow GmbH, a company duly registered in Austria (hereafter referred to as “the Platform”), and users of the IT Services Marketplace accessible at https://gettrusted.io (referred to hereafter as “the Marketplace”), operated by the Platform. The Platform’s identification and contact details are provided at the end of this document.

1. Glossary

Customer: A natural or legal person compliant with the Eligible Countries List, who has registered and handles an Account with the chosen role “Client” and with the purpose to order services from the Platform, delivered by Service Providers from the Marketplace. Customers can contact or be connected with one or more Service Providers to work on Projects submitted by the Customer under the subcontracting and supervision of the Platform.

Service Provider: A natural or legal person, company, or company representative compliant with the Eligible Countries List, who has registered and handles an Account with the role “Talent” or “Company” and whose purpose is to provide services to Customers as a subcontractor of the Platform. This includes delivering services for Customer Projects, interacting with Customers, submitting Proposals, engaging in Negotiations with them, and submitting Estimates, Top-Up Requests, Payout Requests (hereinafter referred to as “Submissions”).

Project: A service request submitted by a Customer on the Marketplace with the intention to obtain services from Service Providers or the Platform. One Project can have one or more Estimates from one or more Service Providers.

Proposal: Refers to the service offer initiated by the Service Provider on the Marketplace with the intention to work on a particular Customer’s Project.

Negotiations: A relationship between the Platform, Customer, and Service Provider that begins once the Customer decides to respond to a Proposal sent by a Service Provider.

Estimate: A formal proposal submitted by a Service Provider in relation to a Project after being in Negotiations, detailing all aspects such as promises, deliverables, payment expectations, timeframe, total budget and budget fluctuations, currency, payment schedule, Initial Escrow Payment, and other details necessary to describe what the Customer will receive if they accept, fund, and collaborate with the Service Provider on the specific Estimate.

Escrow: The total balance of funds funded by the Customer and paid out to Service Providers per each Estimate.

Initial Escrow Payment: The minimum required amount of funds paid into Escrow by the Customer for project work delivery to be started by the Service Provider within the particular Estimate’s scope.

Top-Up Request: A formal request from the Service Provider to the Customer to add funds to Escrow.

Payout Request: A formal request from the Service Provider to the Customer to approve funds payout, full or partial, from Escrow to the Service Provider, performed by the Platform after taking the Platform Commission.

Platform Commission: A service fee taken by the Platform from funds released to the Service Provider from Escrow, which is 10% of the amount of work delivered within the first six months period of working with a Customer, 5% of the amount of work delivered within the second six months period, and 0% after twelve months of working with a Customer. There are no commissions for the Customer, only for Service Providers.

Confirmation: A declaration by the Customer to the Marketplace that the goals of the Estimate carried out by the Service Provider are completed and comply with the Estimate.

Services: Refers to all services provided by the Platform, including running a Marketplace with its features.

Content: Refers to all Submissions, Projects, statements, messages, or information of any kind (text, images, videos, photographs, comments, brands, business names, and names, etc.) that are posted online by a user on the Marketplace.

Users: Refers to Service Providers and Customers who have registered on the Marketplace.

Eligible Countries List: A list of countries with representatives with whom the Platform does business, available at https://gettrusted.io/eligible-countries/.

The KYC (Know Your Customer) Procedure: Includes Address and ID Verification, Video Interview Verification, and Phone Number Verification, and other crucial steps to ensure the security and authenticity of users on our platform.

The Dashboard: A vital section of the Marketplace located at https://gettrusted.io/dashboard/. Here, users can seamlessly manage their activities, from tracking ongoing projects and earnings to communicating with clients or freelancers. The Dashboard serves as a comprehensive hub for users to oversee their engagements.

2. Overview

The Platform serves as a marketplace for the purpose of connecting freelancers, IT service 

companies, their representatives, recruitment agencies and Customers with one another.

The Platform enables Customers to create Projects; Service Providers to issue Estimates and to work on those Projects – all with Marketplace and Platform managing relations between them, receiving funds, and guaranteeing Projects delivery as agreed in Estimate documents accepted by Customers.

These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) regulate the terms of use, operations, use cases and financial operations of the Marketplace as well as the rights and obligations of users who are connected to one another via the Marketplace.

Any access to or usage of the Marketplace requires unconditional and legal binding acceptance of and compliance with these Terms and Conditions.

The Platform always creates and submits Estimates, Invoices and other documents in its own name, but which contain the name of the Service Provider who is subcontracted for the Estimate tasks for the Customer.

The Platform has the sole responsibility of receiving the funds from Customers and of delivering Estimates and Project goals as well.

Service Providers and Customers don’t have direct invoicing between them – they only have the Platform as a single contragent.

3. The Process

3.1. Typical Process Overview

1. A Customer creates a project.
2. Interested Service Providers submit their proposals.
3. The Customer responds to proposals via the Marketplace’s messaging system.
4. If a Service Provider is interested and ready, they submit an Estimate document detailing tasks, deliverables, and a payment schedule. The Estimate lists the Platform as the contractor, funds recipient, and party responsible for delivering the tasks outlined.
5. The Customer must pay the Initial Escrow Amount to the Platform if they accept the Estimate.
6. Once paid, the Service Provider begins work on the tasks specified in the Estimate.
7. During the process, the Service Provider may submit Payout and Top-Up requests to release funds from Escrow, after the Platform’s commission is deducted.
8. The Platform monitors the project’s progress and the quality of the delivery processes.
9. Upon completion of Estimates and Projects, parties are invited to participate in a video interview with the Platform’s verification team to provide reviews for their profiles.
10. If issues are identified on the Service Provider’s end by the Platform, the Platform may replace the Service Provider or return the funds from Escrow to the Customer.
11. In the event of disputes, the Platform’s technical team will intervene to decide on the continuation of Estimates and the management of Escrow.

3.2. Project Submission and Verification Process

Upon receiving a project submission from a Customer, our dedicated verification team promptly evaluates the project for compliance with our marketplace standards. Projects that meet our criteria are marked as verified and become accessible to Service Providers for proposal submissions. This verification ensures that only legitimate and feasible projects are made available, maintaining the integrity of our marketplace.

3.3. Proposal Handling and Verification

Service providers, having access to the list of verified projects, are invited to submit their proposals. Each proposal undergoes a verification process by our team to ensure it aligns with the project requirements and our marketplace standards. Verified proposals are then presented to the Customer, who has the option to initiate negotiation through a message dialog in the marketplace dashboard, fostering clear and direct communication between the parties.

3.4. Estimate Submission, Verification, and Approval

Following successful negotiations, Service Providers may submit an estimate for the project through the marketplace dashboard. This estimate includes detailed information such as the scope of work, pricing model, recurring payments, hourly conditions, or milestones, total budget, deliverables, terms, and attachments if needed. Our verification team reviews the estimate for completeness and accuracy before it is forwarded to the Customer for acceptance. Upon Customer acceptance, the estimate becomes a binding agreement, obligating the Customer to fund the initial escrow amount specified in the estimate.

3.5. Escrow and Payment Process

To commence work, the initial escrow amount outlined in the approved estimate must be funded by the Customer. This escrow serves as a secure means to manage payments and financial commitments throughout the project lifecycle. Service providers can request payouts from the escrow based on the agreed-upon payment schedule, ensuring a smooth and transparent financial transaction process. During the project, Service Providers may request additional funds to be added to the escrow (Top-Up requests) to cover unforeseen expenses or additional scope of work. These requests include detailed justification for the additional funds needed and must be approved by the Customer. This process ensures that all financial adjustments are transparent and agreed upon by both parties. Customers have the discretion to review and approve each payout and top-up request, with a ten working days window to respond, ensuring accountability and satisfaction on both ends. If no objections are submitted by Customer to Platform within this period, Payout request will be satisfied, and funds will be released from an Escrow to Service Provider with no refunds option.

3.6. Completion, Feedback, and Continuous Improvement

Upon project completion, both Customers and Service Providers have the opportunity to provide feedback through a structured video interview with our verification team, no text, only with video that will be later transformed to text review on the profiles of the parties. This feedback is crucial for maintaining high standards of quality and trust within our marketplace. It allows us to continually improve our processes and ensure the best possible experience for all users. This comprehensive feedback mechanism, unique to our Platform, underscores our commitment to excellence and continuous improvement.

3.7. Projects and Estimates cancellation, Disputes

If a Project or Estimate is canceled by mutual agreement (whether at the instigation of the Customer or the Service Provider), the Platform will refund the Escrow amount to the Customer within ten working days. In the event of a disagreement between the Customer and the Service Provider regarding the quality of the service, the scope, the conditions, timeframe or the completion of the Estimate, both agree to inform the Platform about this through its Messages system. In such an event, the Platform will involve its Technical Team to investigate the situation on the project and decide whether to keep funds in Escrow or return those to Customer, or change the Service Provider to another one, to complete the Estimate or Project goals and tasks. 

Based on the verification and approvals nature of billing, the funds already released to Service Providers from Escrow will not be refunded to Customer in any case.

By participating in our marketplace, users agree to abide by these processes described above, ensuring a collaborative and trustworthy environment for all. The Platform reserves the right to modify these processes as needed to adapt to changing requirements and to better serve our community.

4. Registration on and Using the Marketplace

4.1. Conditions for Registering Users on the Marketplace and Its Usage

In order to gain access to the services offered, the user must create an account by registering and signing in to the Marketplace. The user must be at least 18 years old and legally competent to use the marketplace in accordance with these Terms and Conditions. The user is obliged to provide truthful information and also undertakes to update it immediately in the event of any changes.

The user must have a valid physical passport or national ID card from one of the countries on the Eligible Countries List. Having driver’s licenses or residence permits is not enough for the usage of the Marketplace.

Access to the created account is protected by a username and password that the user selects when registering on the marketplace. The user is solely responsible for any use of his or her username and password and must not disclose them to third parties.

The users are also obliged to update their account billing profiles data by adding new billing profiles where needed or disabling existing ones with the help of a Personal Manager.

The customer is additionally obliged to update his account and his billing profiles regularly to stay up to date and notify the platform about any changes that can affect the ability of the customer to pay for services and top-up related escrows on time.

In order to be registered as a Service Provider on the marketplace and be visible to other users, the Service Provider must provide complete information, upload a current photo, and pass a two, three, or more step verification process including document verification, video interview, and other verifications requested by the platform at the platform’s sole decision, including future requests. The Service Provider is also obliged to update his account regularly to stay up to date and notify the platform about any changes that can affect the ability of the Service Provider to provide quality services on time.

The Customer and Service Provider must specify and maintain the place where he is registered or has his usual place of residence as the place of doing business.

4.2. Billing Management

The Customer and Service Provider acknowledge and agree that setting up an account on the Marketplace includes the unconditional consent to grant the Platform an order to issue invoices and the necessary authority to do so (“Billing Management”).

Pursuant to the Billing Management, the Platform will issue invoices from the Platform to the Customer and from the Service Provider to the Platform, pre-taking the Platform Commission from the Service Providers invoice.

Users agree to provide the necessary personal and business documents to the Platform in order to fulfill their obligations to comply with the transparency regulations (KYC), to avoid tax evasion, money laundering, and terrorist financing in terms of Austrian law.

The Service Provider and Customer provide the Platform with all the accurate information necessary to create invoices and make payments, including tax identification, bank account details, and other required information.

The primary billing document is an estimate itself, which can be accessed via the Dashboard. The Platform doesn’t issue separate invoices for customers until requested directly – because receipts that are issued at the moment of payment received are already included in the estimate.

In the event of a justified request for an invoice creation or correction, the Platform will immediately issue a new or corrected invoice. If it’s not possible or too late to correct the tax amount due to a mistake by the user in billing profile details, the Platform will not change amounts paid and will not change the tax amount charged.

The Service Provider acknowledges that updating all information regarding his legal, accounting, and tax situation is essential for invoicing and, therefore, undertakes to immediately notify the Platform of any change that could affect invoicing. The Platform has no responsibility for mistakes in such information provided and losses caused by such mistakes.

The Platform undertakes to comply with all applicable legislation on invoicing and, in particular, to ensure that the invoices issued contain the appropriate accounting and tax information (in particular VAT).

The Service Provider and Customer remain solely responsible for their accounting and tax obligations and payments related to the usage of the Marketplace and working with the Platform.

The Platform is liable for incorrectly issued invoices exclusively in accordance with the mandatory provisions of the respective national law.

Invoicing is part of the services provided by the Platform and may be covered by the commission paid by the Service Provider.

The Billing Management comes into force upon acceptance of the General Terms and Conditions and is valid as long as the Service Provider’s account exists on the marketplace or until the Platform terminates the Billing Management.

Service Providers established abroad must also comply with all obligations that apply to them under the legislation applicable to them in their country of residence, as well as the obligations that arise from their use of the Marketplace.

The Service Provider warrants the right (license) to provide services which he offers and have the right to carry out the projects and estimates for which he has applied on the Marketplace.

If the User:

• provides false, scam-like, unprofessional, aggressive, inaccurate, outdated, or incomplete data or doesn’t respond in a timely manner or doesn’t use the Marketplace regularly (i); in case of a user sharing his account with other persons or robots (bots) (ii); in case the Platform might expect the danger or aggression of the User to other users; in case the User acts as an intermediary person or reseller (iii); in case of sole Platform decision (iv);
• the Platform has the right to suspend or close his account and then deny him access to all or part of the Services without any explanations and further obligations.

5. The Marketplace and Platform Services

The Marketplace and Platform Services includes, but not limits:

• The ability for users to create an account on the marketplace, providing information, content, and communication with other users of the Marketplace and Platform representatives.
• Bringing together Service Providers and Customers through the marketplace for projects in each of the countries in which the Platform operates (Eligible Countries).
• Estimate management assistance, due diligence, and other measures that secure the progress of a Project.
• Billing management.
• A messaging system.
• Assistance in Service Provider, Proposals, and Estimates negotiations, selection, and mediation.

5.1 Prices of Services for Service Providers

The Platform is designed to support Service Providers by offering a fair and transparent pricing model that rewards long-term collaboration. Here’s how our fee structure works:

Commission Rates

Service providers are subject to a commission fee on payments received through our marketplace. The commission rate is determined by the duration of the Service Provider’s continuous work on a project with a specific client:

• First 6 Months: A commission of 10% is deducted from payments for work provided within the first six months of a project.
• Second 6 Months: After the initial six months, the commission rate is reduced to 5% for the following six months of work on the project.
• After 12 Months: Following a year of continuous work on the same project, the commission fee is reduced entirely to 0%, allowing Service Providers to receive full payment without any deductions from the Platform.

Obligation to Remain on the Marketplace and with the Platform

Despite the reduction to a 0% commission after 12 months, Service Providers and their Customers are required to continue their business relationship through our Platform. Direct off-Platform work arrangements are not permitted without explicit written consent from the Platform, ensuring continued quality, security, and support for both parties.

5.2. Prices of Services for Customers

Customers don’t pay any fees to the Platform except for bank commissions where needed. The Platform aims to create a value-driven environment for Customers with transparent and straightforward pricing:

• No Commission Fees: Customers are not charged commission fees for Estimates and Projects through our marketplace. This approach ensures access to a wide range of professional services without additional costs.
• Bank Commission Fees: While our Platform does not impose commission fees on Customers, they may be responsible for covering any applicable bank transaction fees associated with their payments.
• Interest Rate for Unpaid Estimates: In cases where a Customer accepts a project estimate but fails to make the necessary payment, an annual interest rate of 5% will be applied to the outstanding amount. This measure is in place to encourage timely payments and maintain a fair ecosystem for Service Providers.
• Debt Collection: Should there be any delinquency in payments owed to Service Providers through our Platform, we reserve the right to engage debt collection agencies to recover unpaid funds on behalf of our Service Providers.

Payment of the estimated amount by the Customer is made in advance via funding the Escrow. Payment of the advance is made by credit card using a secure online payment service (via Stripe or PayPal) or by bank transfer to the Platform’s bank accounts. The transfer of an amount of money as part of a payment by providing it to the Escrow does not constitute a bank deposit and does not bear interest.

The parties acknowledge and agree that in case of successful delivery of services, the Platform agrees to pay the Escrow in full to the Service Provider, with the understanding that ownership of the Service Provider’s intellectual property arising in connection with the work performed under the Estimate is transferred to the Customer upon receipt of payment.

Unless otherwise agreed, the budget for the Estimate is fixed and final within the “amount” and “budget range (%)” values. Any changes to the Estimate resulting in a change in financial conditions must be approved in advance by the parties as part of a new Estimate to be submitted, verified, and accepted separately.

The costs incurred by the Service Provider for carrying out the contract, e.g., for travel, accommodation, flights, internet access, etc., are included in the Estimate price.

5.3. Transfer of Intellectual Property Rights

As part of the services, the Platform undertakes to transfer to the Customer all results from the work. Unless expressly agreed otherwise in the Estimate document, the Estimate amount includes the acquisition by the Customer of all property rights to the results created as part of the Estimate. This purchase constitutes a worldwide transfer of intellectual property rights for the duration of protection, excluding existing tools, methods, expertise, and know-how that the Service Provider makes available.

6. Obligations

6.1. User Obligations

The User undertakes to use the Marketplace and the Services in accordance with applicable laws and these Terms and Conditions. In this context, the User acknowledges that the Platform may take note of any content published or exchanged on the Marketplace for the sole purpose of verifying compliance with these Terms and Conditions and applicable laws. At the same time, he acknowledges that the Platform may intervene to moderate the content published if it violates the applicable laws and regulations and the obligations of users under these Terms and Conditions. 

The User undertakes to make all declarations or comply with formalities necessary for his activity and to comply with all legal, social security, administrative, and tax obligations, as well as any specific obligations that may be imposed on him in the application of the laws applicable to him in the context of his activity and the use of the services. In the event of a request, the User undertakes to immediately provide the Platform with all evidence of compliance with the conditions established in this article. The user is solely responsible for the proper fulfillment of the aforementioned provisions. The Platform assumes no liability in this regard. 

User agrees that it will not transfer to Company any Customer Data that contains personal data of a person subject to the European Union General Data Protection Regulation without first entering into a mutually agreeable data processing agreement with Platform.

The User undertakes not to use the Marketplace for any purpose other than using the Services, but also to use the Marketplace in a fair manner and not to make any advertisement of other services, illegal actions and avoiding the provisions of the Marketplace and its Services. In this context, the user undertakes in particular not to agree on any projects initiated via the marketplace outside of the marketplace. It is also prohibited for any user to extract content from the marketplace for a similar or competing activity or for recruiting purposes. 

In particular, users are prohibited from sharing any messages history, screenshots, projects or estimates details, other information, or excerpts from the marketplace messaging service with third parties, either privately or via social media. 

If a User directly or indirectly enters into a business relationship with another User outside of the Marketplace – regardless of the type and duration of this business relationship – within no time limit after being connected with this Service Provider via the Marketplace as this constitutes a breach of the General Terms and Conditions. In this case, the User acknowledges and agrees to pay the Platform a compensation fee of €50,000 (fifty thousand euros).

6.2. Obligations of the Customer

The client undertakes to submit a serious and sufficiently detailed project description to every Service Provider with whom he comes into contact via the marketplace in order to then receive an offer. In this regard, the Customer undertakes to provide the Service Provider with all the necessary information to ensure that the description of the Project is as accurate as possible and will not provide any misleading information to the Service Provider. The client may not use the services and the marketplace to advertise its activities or those of a third party. In this context, he undertakes in particular not to send the users of the marketplace any advertising messages or to otherwise influence them with a corresponding intention. The purpose of the General Terms and Conditions is to provide the Platform with appropriate compensation for the services it provides to Users. 

6.3. Obligations of the Service Provider

The Service Provider undertakes to treat all conversations that he has had with Customers, as well as all information that has been transmitted to him or of which he has become aware during contact via the marketplace (with or without a project), with strict confidentiality. The Service Provider undertakes to offer and carry out his services and projects on the marketplace only in his own name. He is therefore prohibited from subcontracting his project in whole or in part to third parties.

7. Access to the Marketplace and Its Services

7.1. Access to the Marketplace

To access the marketplace, users must ensure they have the necessary IT and telecommunications infrastructure in place, such as a computer or smartphone. Users are solely responsible for the costs associated with their internet access and the utilization of the marketplace. The marketplace is designed to be accessible 24/7, allowing users to engage with its services at any time.

However, the Platform reserves the right to temporarily or permanently modify, restrict, or suspend access to the Marketplace or any of its services without prior notice. This may be done to perform updates, modifications, or other changes to improve the operational infrastructure or for maintenance purposes. The Platform also retains the flexibility to enhance and refine the Marketplace and its services to ensure their optimal functionality and to address the evolving needs of its users.

7.2. User Access

Access to the marketplace is exclusively available to registered users. The use of the marketplace by intermediaries, or their employees, on behalf of an end customer or service provider is strictly prohibited. Furthermore, individuals or entities not recognized as service providers, as defined in Article I, are not authorized to create accounts, submit offers, or execute projects on the Marketplace. This restriction particularly applies to those intending to use their account to solicit customers or service providers for external projects or to negotiate payments outside the marketplace framework.

Violations of these terms and conditions may lead the Platform to:

• Permanently terminate all associated accounts.
• Seek compensation from the violating individual, their employer, or any unauthorized entity acting on their behalf. The compensation sought will reflect the severity of the breach, starting from a minimum of €5,000 (five thousand euro).
• Implement any additional legal measures deemed necessary.

Violators will be held accountable for any direct or indirect harm resulting from their actions and must fully compensate for any damages caused.

7.3. Prohibition of Illegal Web Scraping and Unauthorized Promotions

The Platform strictly prohibits any form of data extraction or collection, whether through automated means or manually, using software, bots, or any other method aimed at “web scraping” or unauthorized copying of user data and service information. Engaging in such activities will attract severe penalties from the Platform, including financial sanctions starting at €50,000 (fifty thousand euro) or more, depending on the infraction’s severity.

These measures are in place to protect the integrity of the marketplace, its users, and the services provided, ensuring a secure and reliable environment for all participants.

8. Liability of User

The user is solely responsible for any direct or indirect damage that he or she suffers as a result of incorrect, incomplete, or misleading information that he or she provides when registering or that has not been updated and bears the sole consequences of the resulting damage.

He agrees that any notification under these Terms and Conditions may be made to him via the email address that he provided when creating his account on the Marketplace or that he has updated accordingly, or through the Marketplace’s messaging system.

The user is solely responsible for all content that he posts online on the marketplace.

The user is expressly prohibited from publishing content that is offensive, defamatory, slanderous, racist, xenophobic, contrary to morals and common decency, infringing patents, violating public order or the rights of third parties, or which could jeopardize the rights, reputation, and image of the user, harm the Platform, or, more generally, content that violates the law, particularly criminal law.

The client is solely responsible for the description of the Project for which he asks the Service Provider for a price quote. In the event of an error in the description of the Project, it is the Customer’s sole responsibility to commission any additional services that may be required and to bear any associated additional costs by awarding a supplementary project to the Service Provider via the marketplace.

The Platform is involved in managing the contractual and administrative relationship with the Service Provider and Customer, performing Project Management assistance, supervision, and Quality Checks at any time when decided.

The Service Provider acknowledges that the tools and technical means provided by the Platform do not relieve him of his responsibility for the legal obligations incumbent on him. In particular, he acknowledges that he retains full responsibility for his legal and tax obligations in relation to the invoicing of the initial, original, or corrective invoices issued with his name and on his behalf by the Platform, in particular with regard to his reporting and payment obligations related to VAT and in accordance with the Billing Management.

9. Liability of the Platform

The Platform uses all means at its disposal to ensure access and the proper operation of the Marketplace and its Services in a “24/7” online mode.

However, given the limitations associated with the Internet, the Platform cannot exclude the possibility that access to and operation of the Marketplace and the Services will be interrupted, in particular in the event of force majeure, malfunction of the User’s equipment, disruption of the User’s Internet access, hosting, data centers, as well as in the event of maintenance work to improve the marketplace and services.

Consequently, the Platform cannot be held liable for any voluntary or involuntary interruption of the Services, unless otherwise provided by mandatory applicable national law. However, the Platform undertakes to make every effort to minimize any disruption attributable to it.

The Platform provides Service Providers and Customers with tools and technical means that enable them to contact each other via the marketplace for the purpose of concluding contracts. The Platform’s responsibility is limited to providing these means, as described in the General Terms and Conditions, and to arranging contacts between Service Providers and Customers.

In particular, the Platform assumes no responsibility for the frequency with which Service Provider profiles are displayed on the Marketplace and the positions in the list of search results for Service Providers or their suggestions on the Platform.

The Platform and the User are independent parties, each acting in its own name and for its own account. The Platform cannot under any circumstances be considered an employee/employer or agent of a User. 

The Platform uses all means at its disposal to ensure the content and validity of the information and documents transmitted by Service Providers to the Marketplace, provided that they are located in a country in which the Platform has a legal entity. However, the Platform cannot be held liable under any circumstances for violations of the obligations incumbent on Service Providers, in particular in the context of combating undeclared work and compliance with transparency regulations, or for any damages that may result.

Therefore, the Platform cannot be held liable for any inaccurate, misleading, or outdated information provided to it by a Service Provider. The Platform also reserves the right to view, check and not to send another user’s messages to a user and to close users’ accounts if they violate the Terms and Conditions or share their direct contact data like phone numbers, social profiles, email addresses, and other communication tools’ links.

The Platform is solely liable to the Customer for damages resulting from the breach of its obligations in carrying out the Estimate tasks. However, the Platform’s liability is limited to a flat rate of five thousand (5,000) euros, including all taxes, and cannot be held liable 12 months after the occurrence of the event for which liability is claimed. The Service Provider acts on the Customer’s instructions regarding the processing of the Customer’s personal and business data.

10. Intellectual Property

10.1. The Marketplace

The Marketplace and all its components, including but not limited to texts, images, videos, photographs, trademarks, logos, business names, designations, and domain names, are exclusively owned by the Platform or its partners. These elements are protected by intellectual property laws and others, including copyright. Any total or partial reproduction or representation of the Marketplace or any of its components without the express permission from the Platform is prohibited and constitutes an infringement punishable under applicable law.

10.2. The Content

Each user who publishes content on the marketplace retains ownership of all the content they publish. However, the user profiles on the Marketplace, including those that are publicly available, are owned by the Platform. By creating a profile, posts, images, or any other content, the user grants the Platform express authorization to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate such public content on the Marketplace, in social networks, blogs operated by it, and/or on all other media (including physical and digital media, press kits, commercial media, promotional and/or advertising material), by any means, for the purpose of promoting, improving, marketing, or advertising the Services and the Marketplace, the Platform, or for establishing partnerships. This permission is granted worldwide and lasts for the entire duration of the user’s registration with the Marketplace.

The user acknowledges that any use of their content by the Platform that occurred before the user logs out, deletes, or terminates their account cannot be contested.

11. Personal Data

The processing of data in connection with the use of the marketplace and any other interactions with the Marketplace and Platform is detailed in the Privacy Policy, available at https://gettrusted.io/privacy-policy/.

12. Cookies

To ensure the smooth functioning of the marketplace and its services, cookies may be stored on the user’s device upon logging in to the marketplace. Cookies are small text files saved by web browsers or devices when visiting digital marketplaces, applications, online media, and by advertisers. The Marketplace’s Cookie Policy can be found at https://gettrusted.io/cookie-policy/.

13. Customer Service

Should you have any questions or require information about the Marketplace and the Services, users can contact the Platform via the [email protected] and [email protected] emails, or through the “Message Personal Manager” feature in the Dashboard.

14. Duration and User Compliance

This Terms and Conditions agreement becomes effective and binding indefinitely upon the User’s acceptance of these Terms and Conditions. The Platform is committed to developing a professional and respectful environment. Any actions by a User that violate these Terms and Conditions, or applicable laws and regulations, grant the Platform the authority to immediately suspend the User’s account, restrict future access to the Marketplace entirely or partially, and pursue any damages resulting from such actions. 

The Platform reserves the right to formally close a User’s account, without any obligation to provide compensation for the closure. Actions warranting such measures include, but are not limited to:

• Submission of inaccurate or falsified information by the User, including but not limited to documents, location, and professional qualifications.
• Engaging in abusive or offensive conduct towards other Users or staff members of the Platform.
• Misuse of the Marketplace’s features, or attempts to bypass its intended use, including but not limited to arranging projects outside of the Platform.
• Account sharing.
• Acting as an intermediary, reassigning to individuals or entities other than the Service Provider without prior authorization.

Additionally, the Platform holds the discretion to modify the visibility of any User content within search results or to suspend or terminate a User’s account in response to repeated complaints or negative feedback from Customers, as communicated to the Platform’s support team.

By engaging with the Marketplace, Users acknowledge their responsibility to uphold the standards set forth in these Terms and Conditions, ensuring a trustworthy and efficient platform for all participants.

The Platform expressly reserves the right to terminate any account at any time, should it determine, at its sole discretion, that the continued association with a User or their activities on the Marketplace may detrimentally affect its interests, reputation, and/or image. This decision is made in the interest of maintaining the integrity and safety of the Platform’s community and ensuring that the Marketplace operates in a manner consistent with its values and standards.

15. Governing Law and Jurisdiction and Other Conditions

These Terms and Conditions, and any disputes arising out of or related to the services provided by the Platform, shall be governed by and construed in accordance with the laws of Austria, without giving effect to any choice or conflict of law provision or rule.

All parties agree that any legal action or proceeding relating to these Terms and Conditions or any transactions, services, or interactions involving the Platform shall be brought exclusively in the competent courts located in Vienna, Austria. By agreeing to these Terms and Conditions, all parties consent to submit to the jurisdiction of these courts for the purposes of litigating any such action or proceeding. The parties acknowledge that the venue in Vienna, Austria, is appropriate and convenient for any disputes arising from or related to these Terms and Conditions, and waive any objections to venue and jurisdiction, including but not limited to objections based on an inconvenient location. The parties agree that the final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

If any provision of these Terms is held invalid or unenforceable, it shall be replaced with the valid provision that most closely reflects the intent of the Parties and the remaining provisions of the Agreement will remain in full force and effect.

Except for payment obligations under these Terms, neither party hereto shall be liable for any loss, damage, or penalty resulting from such party’s failure to perform its obligations hereunder when such failure is due to events beyond its reasonable control, such as, without limitation, flood, earthquake, fire, acts of God, military insurrection, civil riot, or labor strikes.

16. Amendments to the Terms and Conditions

GetTrusted Escrow GmbH, the entity behind the Platform, holds the exclusive right to periodically update, modify, or change these Terms and Conditions to better reflect the evolving nature of the Platform’s services and operational guidelines. These changes are intended to ensure the Terms and Conditions remain accurate representations of the Marketplace’s current features and policies.

Users who continue to use the Marketplace after any such updates will be considered as having accepted the new Terms and Conditions. Therefore, it’s crucial for users to regularly check the Terms and Conditions to stay updated on any alterations.

By continuing to engage with the Marketplace, users are affirming their acceptance of and agreement to any updated Terms and Conditions.

Should any part of these General Terms and Conditions become invalid or unenforceable due to new legislation, regulatory changes, or court decisions, such a situation will not compromise the validity and enforceability of the remaining sections of this agreement. The ineffectiveness of any specific term, clause, or provision will not invalidate the rest of the Terms and Conditions.

Additionally, any failure or delay by GetTrusted Escrow GmbH in exercising a right, power, or privilege under these Terms and Conditions does not imply a waiver of such rights. The occasional non-enforcement of any rights provided by these Terms does not constitute a permanent waiver or loss of those rights, nor does it alter the obligations of the Users or the Platform.

Platform:
GetTrusted Escrow GmbH
Zimmermanngasse 8
1090 Vienna, Austria
+43 6764484655 
[email protected]
[email protected]
https://gettrusted.io
VAT ID: ATU79631025
Firmenbuchnummer: FN 607629