Terms of service for service providers

Terms of service for service providers

These General Terms of service set forth the main terms and conditions applying to and governing the usage of the Partly services. In order to be a Service provider and provide services via Partly platform you must agree to the Terms of service that are set forth below.

1. Definitions

1.1. Partly (also referred to as "we", "our" or "us") – a limited liability company incorporated and registered under the laws of Republic of Latvia with registration code 50203153221, registered office at Krāslavas municipality, Izvaltas parish, Izvalta, Ezera street 7.

1.2. Partly group companies and partners – Partly group shall mean (a) companies in which Partly exercises control (for example subsidiaries of Partly). Partly partners shall mean local representatives, affiliates, agents etc. appointed by Partly.

1.3. Partly services – services that Partly or Partly group companies and partners provide, including provision and technical maintenance of Partly app, Partly platform, In-app payment, customer support, communication between the Service provider and the Customer and other similar services.

1.4. Partly app – smartphone or web application for Service provider and Customers to request and receive Services.

1.5. Partly platform – technology connecting Customers with Service providers to help them to solve their household tasks.

1.6. Customer – a person requesting Services by using Partly platform.

1.7. Service provider (also referred to as „you“) – the person providing Services via the Partly platform. Each Service provider will get a personal account to use Partly app.

1.8. Agreement – any agreement between Service provider, Partly or Partly group companies and partners regarding the use of Partly services. The Agreement consists of these General Terms of service, the Service provider guidelines and other additional terms and conditions or documents referred to herein or agreed in the future between Service provider and Partly or Partly group companies and partners.

1.9. Service fee – the fee (including: base fee, fixed fee and additional cost) a Customer is obliged to pay to Service provider for provision of the Services.

1.10. Commission fee – the fee that Service provider is obliged to pay to Partly or Partly group companies and partners for using the Partly platform.

1.11. In-app payment – cards, carrier billing and other payment methods used by the Customer via the Partly app to pay for the Services.

1.12. Partly account – access to a mobile app to be able to provide and receive Services.

1.13. Services – services that Service provider is providing to the Customer whose request Service provider has accepted through the Partly app.

2. Entry into the agreement

2.1. Prior to using the Partly services, you must sign up by providing the requested information in the signup application or mobile app and adding necessary documentation as required by us or Partly group companies and partners. You may sign up either as a legal or a natural person. By clicking the „Sign up" button, you represent and warrant that:

  • pursuant to valid legal acts, you are entitled to enter into an agreement with us or Partly group companies and partners to use the Partly platform for providing the Service;
  • you have carefully studied, fully understand and agree to be bound by these General Terms of service, including all obligations that arise as provided herein and from Agreement;
  • all the information you have presented to us or Partly group companies and partners is accurate, correct and complete;
  • you will keep Partly account accurate and profile information updated at all times;
  • you will not authorize other persons to use your Partly account nor transfer or assign it to any other person;
  • you will not use the Partly services for unauthorized or unlawful purposes and impair the proper operation of the Partly services;
  • at all times, you will fully comply with all laws and regulations applicable in the state you are providing Services in;

2.2. You are obliged to provide your bank requisites in course of filling the payment details upon registration. In case you are a legal person, you must provide the bank account of the company. We or Partly group companies and partners are technically ensuring transfers of In-app payment fees via Stripe Connect to the bank account that you have provided. We and Partly group companies and partners are not liable for any incorrect money transactions in case you have provided wrong bank requisites.

2.3. After submitting the signup application, you will receive a phone call or an e-mail with information about additional conditions that must be met in order to use Partly services. These conditions may include providing criminal records, completion of a training course, owning a GPS-supporting mobile device and other conditions. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the Partly services.

2.4. You agree that in specific cities or countries we may assign any of our obligations arising from the General Terms or Agreement to Partly group companies and partners. This includes, among else, assigning the rights and obligations regarding reviewing documents related to signup applications, trainings, collection of Service fees, forwarding you the fees due, mediating In-app payment, licensing the Partly app, etc.

2.5. Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the Service fees is marked as a legal person in payment details. In such case, the indicated legal person is considered to be the provider of Services and a party to these General Terms, Agreement and any further agreements. Only the specific natural person indicated in the signup process may factually provide the Services. Such natural person may use the account of the Service provider only if he/she has read and agrees to be bound by these General Terms and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE SERVICES UNDER PARTLY ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE GENERAL TERMS AND AGREEMENT CONDUCTED BY THE SERVICE PROVIDER.

2.6. Registering Partly account as a partner company. Upon concluding a separate agreement, a partner company may itself register accounts to its employees and/or Service providers. In such case the partner company shall be required to ensure that its employees and/or service providers conform to the requirements of General Terms, Agreement and any further agreements and agrees to act in accordance and be bound with its conditions and obligations. The partner company and its employees and/or Service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or Service provider.

3. Right to use Partly app

3.1. License to use the Partly app. We hereby grant you a license to use the Partly app and the Partly account. The license does not grant you the right to sublicense or transfer any rights to the third persons. Regardless of the above and if so agreed separately, partner companies may sub-license the Partly app and the Partly account to their employees.

3.2. In course of using the Partly app and Partly account you may not:

  • decompile, reverse engineer, or otherwise attempt to obtain the source code of the Partly app or other software of Partly;
  • modify the Partly app or the Partly account in any manner or form or to use modified versions of the Partly app or Partly account;
  • transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on Partly platform;
  • attempt to gain unauthorized access to the Partly app, Partly account or any other Partly aervices.

3.3. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the Partly app and the Partly account and we or Partly group companies and partners are entitled to block and delete your account without a prior notice.

3.4. Using tags and labels of Partly. Additionally, we or Partly group companies and partners may give you tags, labels, stickers or other signs that refer to Partly brand or otherwise indicate you are using the Partly platform. We grant you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating you are providing Services via the Partly platform. After termination of the Agreement you must immediately remove and discard any signs that refer to Partly brand.

3.5. All copyrights and trademarks, including source code, databases, logos and visual designs are owned by Partly and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Partly platform or any other Partly services you do not acquire any rights of ownership to any intellectual property.

4. Providing the services

4.1. The Service provider’s Obligations. You hereby guarantee to provide Services in accordance with the General Terms of service, Agreement as well as laws and regulations applicable in the state where you are providing Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Services.

4.2. You must have all licenses, permits, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Services. It is your obligation to maintain the validity of all the aforementioned documentation. Partly and Partly group companies and partners reserve the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.

4.3. You must provide the Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Customer's request in the best interest of the Customer.

4.4. You retain the sole right to determine when you are providing the Services. You shall accept, decline or ignore Services requests made by Customer at your own choosing.

4.5. Costs you incur while providing the Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Services at your own expense, including tools, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Services including, but not limited to, fuel, mobile data plan costs, duty fees, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the Partly app may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.

4.6. Fees. You are entitled to charge a Service fee for each instance you have accepted by Customer on the Partly platform and completed the Service as requested. The Service fee includes base fee (set by Partly) and fixed fee (determined by you). In some cases, Service fee will include additional costs, which can be cost of material or costs of additional task added during “confirmed” status. The default base fee may fluctuate based on the local market situation. You may negotiate the base fee by sending us or Partly group companies and partners a pertinent request that has been either signed digitally or by hand.

4.7. If you find that there has been an error in the calculation of the Service fee and wish to make corrections in the calculation of the Service fee, you must contact us via Support or e-mail [email protected].

4.8. Partly or Partly group companies and partners may adjust the Service fee for a particular order completed, if we or Partly group of companies and partners detect a violation or in case a technical error affecting the final Service fee is identified. Partly and Partly group companies and partners may also reduce or cancel the Service fee in case we have reasonable cause to suggest a fraud or a complaint by the Customer indicates a violation by you. Partly and Partly group companies and partners will only exercise its right to reduce or cancel the Service fee in a reasonable and justified manner.

4.9. Customer pays the Service fee for the Services via the In-app payment as described in section 6 of these General Terms of service. In case the Customer is not satisfied with amount payed or quality, then he/she can claim for a refund by writing e-mail to Partly support team [email protected] or through the app My tasks -> Completed (Opens respective task card) -> Claim for a refund. Customer can claim for a refund within 48 h after completion of task, otherwise we will charge the Customer without any possibility to initiate a dispute/refund process.

4.10. Receipts. After each successful provision of Services, Partly will inform Customer and Service provider about the total costs of service. As of now, Partly provide transactional information of each transaction. For a legal Service provider with whom we (Partly or Partly group companies and partners) have a separate Partnership agreement we provide a final receipt, but if Service provider is operating only on General Terms of service, then a final receipt shall be provided by Service provider.

4.11. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Services, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we or Partly group companies and partners may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Services. You hereby agree to compensate Partly and Partly group companies and partners all state fees, claims, payments, fines or other tax obligations that Partly or Partly group companies and partners will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax and social tax).

4.12. Partly and Partly group companies and partners have a right to issue an invoice on your behalf to the Customer in order to compensate you any fees, contractual penalties or other fees that Partly and Partly group companies and partners mediate to you. The invoice will be made available to you via the e-mail.

5. Commission fees

In order to use the Partly services, you are obliged to pay a Commission fee. The Commission fee is paid based on the Service fee of each Service order that you have completed. The amount of the Commission fee is made available to you via e-mail, Partly app, Stripe Connect or other pertinent means. Please acknowledge that the Commission fee may change from time to time. We or Partly group companies and partners shall send you a prior notification or e-mail of each such change.

6. In-app payments

6.1. We or Partly group companies and partners enable Customer to pay for the Service directly in the Partly app (i.e. In-app payment). You hereby authorise us or Partly group companies and partners to act as your limited commercial agent solely for the purpose of collecting, on your behalf, the Service fees paid by the Customer via In-app payment. Any payment obligation made by the Customer via the In-app payment shall be considered fulfilled as of the time that the payment has been made.

6.2. Partly and Partly group companies and partners reserve the right to distribute promo code to Customers at our discretion per promotional basis. You are required to accept the use of promo code only when the Customer applies the code in-app to a task using card payment. If the use of promo codes is suspected as being fraudulent, illegal, used by a Customer in conflict with our Terms of service relating to promo code use, then the promo code may be cancelled, and the outstanding amount will not be reimbursed by Partly to the Service provider.

6.3. You are entitled to review In-app payments in the Partly app. In case, you want to see detailed reports, then you need to contact our support team. You must notify us or Partly group companies and partners of any important circumstances which may affect our obligations to collect and distribute the Fares paid via In-app payment.

6.4. We and Partly group companies and partners are not obliged to pay you the fee due from the Customer if the In-app payment failed because Customer’s credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will help you in requesting the fee due from the Customer and shall transmit it to you once the Customer has made the requested payment.

6.5. Please note that we or Partly group companies and partners will set off any fees paid via In-app payment against the amounts that you are obliged to pay to us or Partly group companies and partners (i.e. Commission fees and contractual penalties). We and Partly group companies and partners reserve the right to fulfil any of your financial liabilities to any Partly group companies, in which case we or Partly group companies and partners will acquire the right to submit a claim against you. We or Partly group companies and partners may set off any of your financial liabilities against financial liabilities that you may have against us or Partly group companies and partners.

6.6. If we or Partly group companies and partners are not able to pay the Service fees to you due to you not including your bank account details to your Stripe account or if the bank account details have been noted incorrectly, then we or Partly group companies and partners will hold such payments for 60 days. If you do not notify us or Partly group companies and partners of the correct bank account details within 60 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Service fee not transferred to you shall expire.

7. Customer support

We provide the Service providers with Customer support regarding the use of the Partly services. We and Partly group companies and partners have the right to stop providing the Customer support services in case you of violation of Terms of service and/or community guidelines.

8. Ratings, reviews and activity

8.1. In order to guarantee high-quality service and provide additional reassurance to Customers, you hereby acknowledge that the Customer may provide you a rating and leave feedback regarding the quality of the Services that you have provided.

8.2. Your average rating will be linked to your Partly account and will be available to Customers at Partly app. If we find out that the rating is not given in good faith, this rating may not be projected in the calculations of your rating.

8.3. All reviews will be listed under you Partly profile, but if we find out that the review is not given in good faith, then we will erase it from your profile.

8.4. If you think that rating or review is not given in good faith, then let us know by contacting our support team via e-mail [email protected].

8.5. In addition to the rating, we measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, and completing Service/task requests.

8.6. In order to provide reliable services to Customers, we or Partly group companies and partners may determine a minimum average rating and a minimum activity score that Service providers must establish and maintain. If, after a pertinent notification from us or Partly group companies and partners, you do not increase your average rating or activity score to minimum level within the prescribed time period, your Partly account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.

9. Market overviews and campaigns

9.1. Market overviews. We or Partly group companies and partners may send you, via the Partly app, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Customers is highest. Such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, we and Partly group companies and partners cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.

9.2. Campaigns promising minimum income. We and Partly group companies and partners may also provide campaigns, whereby we will guarantee a minimum income if you provide Services within a specified timeframe. If the specified minimum is not reached by you, we or Partly group companies and partners shall compensate the gap. The specific requirements and conditions will be sent via the Partly app, SMS, e-mail or other means. We and Partly group companies and partners have full discretion in deciding if, when and to which Service providers we provide such campaigns. If we or Partly group companies and partners have reasonable cause to suspect any fraudulent activity by you, we may withhold your fee until the suspicion of fraud has been cleared.

9.3. Campaigns for Customers. We and Partly group companies and partners may also occasionally arrange various campaigns to Customers in order to promote the Partly platform. If the Service fee paid by the Customer is reduced as part of such campaign, we or Partly group companies and partners shall pay you compensation, amounting to the monetary value of the benefit offered to the Customers. We and Partly group companies and partners may set off the marketing compensation against the Service fee.

10. Relationship between You, Us and the Customer

10.1. You hereby acknowledge and agree that we or Partly group companies and partners provide an information society service and do not provide Services. By providing the Partly platform and Partly services, we act as a marketplace connecting Customers with Service providers to help them solve their everyday household tasks, without direct Partly involvement in the process. You acknowledge that you are providing the Services to Customer either independently or via a company as an economic and professional activity.

10.2. You acknowledge that neither employment agreement nor an employment relationship has been or will be established between you and us or Partly group companies and partners. You also acknowledge that no joint venture or partnership exists between you and us or Partly group companies and partners. You may not act as an employee, agent or representative of us or Partly group companies and partners nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us or Partly group companies and partners, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.

10.3. You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.

11. Processing of personal data

Your personal data will be processed in accordance with the Privacy policy.

12. Liability

12.1. The Partly platform is provided on an "as is" and “as available” basis. We and Partly group companies and partners do not represent, warrant or guarantee that access to Partly platform will be uninterrupted or error free. As the usage of Partly platform for requesting Services depends on the behaviour of Customer, we or Partly group companies and partners do not guarantee that your usage of the Partly platform will result in any Service requests.

12.2. To the maximum extent permitted under the applicable law, we, Partly group companies and partners, representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the Partly services, including but not limited to:

  • any direct or indirect property damage or monetary loss;
  • loss of profit or anticipated savings;
  • loss of business, contracts, contacts, goodwill, reputation and any loss that may
  • arise from interruption of the business;
  • loss or inaccuracy of data;
  • any other type of loss or damage.

12.3. The financial liability of us or Partly group companies and partners in connection with violating the General Terms or Agreement will be limited to 200 euros. You shall have the right to claim for damages only if we or Partly group companies and partners have deliberately violated the General Terms or Agreement.

12.4. We, Partly group companies and partners shall not be liable for the actions or non-actions of the Customers and shall not be liable for any loss or damage that may incur to you as a result of actions or non-actions of the Customer.

12.5. You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or Partly group companies and partners or any state authority. You shall indemnify us and Partly group companies and partners for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we or Partly group companies and partners may occur in connection with your breach of the General Terms, Agreement and laws and regulations. If Customer presents any claims against us or Partly group companies and partners in connection with your provision of Services, then you shall compensate such damage to us or Partly group companies and partners in full within 7 (seven) days as of your receipt of the respective request from us or Partly group companies and partners. In case we or Partly group companies and partners are entitled to present any claims against you, then you shall compensate us or Partly group companies and partners any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.

13. Term and termination

13.1. The conditions expressly specified in these General Terms of service shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing Services on Partly platform.

13.2. You may terminate the Agreement at any time by notifying Partly or Partly group companies and partners at least 7 (seven) business days in advance, after which your right to use the Partly platform and Partly services shall terminate. Partly or Partly group companies and partners may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 5 (five) business days in advance.

13.3. Partly or Partly group companies and partners are entitled to immediately terminate the Agreement and block your access to Partly platform without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, disparage Partly or Partly group companies and partners, or cause harm to our brand, reputation or business as determined by Partly or Partly group companies and partners in our sole discretion. In the aforementioned cases we may, at its own discretion, prohibit you from registering a new Partly account.

13.4. We may also immediately block your access to the Partly platform and to the Partly account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.

13.5. We are aiming to provide the highest quality service to all Customers therefore we are monitoring the activity of Service providers on Partly platform. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving any advance notice.

14. Amendments

14.1. Any changes to the Agreement shall enter into force after they have been made available to you via e-mail or Partly app, and you have continued to provide the Services.

14.2. In order to amend the General Terms of service, we shall post a revised version on the website and give you at least 7 (seven) days prior notice. If you continue to use the Partly services, you shall be deemed to have accepted the revised conditions.

15. Applicable law and court jurisdiction

The General Terms and Agreement shall be governed by, and construed and enforced in accordance with the laws of Republic of Latvia. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in Supreme Court of Latvia.

16. Notices

16.1. You are obliged to immediately notify us of any changes to your contact information.

16.2. Any notice required to be given under the General Terms of service and Agreement shall be sufficiently given if: (i) delivered personally, (ii) sent by courier with proof of delivery, (iii) sent by registered mail, (iv) sent by e-mail or (v) made available via the Partly app. Any notice which is sent or dispatched in accordance with this clause shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the party; (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; (iv) if made available via the Partly app, or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.

17. Final provisions

If any provision of the General Terms of service is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. Date of entry into force of the General Terms of service: 21.01.2020.