User Agreement This document "User Agreement" represents the offer of UTECH INNOVATIONS OÜ (hereinafter referred to as "Administration" or "Service"), to enter into a contract on the terms and conditions of the Agreement set out below.
User Agreement This document "User Agreement" represents the offer of UTECH INNOVATIONS OÜ (hereinafter referred to as "Administration" or "Service"), to enter into a contract on the terms and conditions of the Agreement set out below.
1.1. The following terms and definitions shall apply in this document and the Parties' relations arising from or related to it:
a) Platform - software and hardware integrated with the Administration Website;
b) User - a legally capable natural person who has joined this Agreement in his/her own interest or acting on behalf and in the interests of a legal entity represented by him/her.
c) Administration Website/Site - Internet sites located in the dewelloper.com domain and its subdomains.
d) Service - a set of services and licence provided to the User using the Platform.
e) Agreement - this Agreement with all additions and amendments.
e) Work Hour - a conditional unit of labour input estimation of the executor's work on the User's task.
g) Customer - a Service User who is looking for a qualified specialist to fulfill his/her tasks.
h) Specialist - A person with certain technical qualifications, who is also a service user, but is ready to perform the Customer's task for a fee.
i) Arbitration - a section of the Service, where by means of qualified external expertise, the rightness of one of the parties in disputes between the Customer and the specialist is assessed.
1.2. Your use of the Service in any way and in any form within the limits of its declared functionality, including viewing the materials posted on the Site; registration and/or authorisation on the Site; posting or displaying on the Site any materials, including but not limited to such materials as: texts, hypertext links, images, audio and video files, information and/or other information; creates a contract under the terms of this Agreement in accordance with the provisions of Spanish law.
1.3. By using any of the above scenarios to use the Service you confirm that:
a) You have read the terms of this Agreement in full before using the Service.
b) You accept all the terms of this Agreement in full without any exceptions or limitations on your part and undertake to comply with them or stop using the Service. If you do not agree with the terms of this Agreement or do not have the right to conclude an agreement based on them, you should immediately stop any use of the Service.
c) The Agreement (including any of its parts) may be changed by the Administration without any special notice. The new version of the Agreement comes into force from the moment of its posting on the Administration's website or bringing to the User's attention in another convenient form, unless otherwise provided by the new version of the Agreement.
2.1. The use of the functional capabilities of the Service is allowed only after the User has registered and authorised on the Website in accordance with the procedure established by the Administration.
2.2. The technical, organisational and commercial terms of use of the Service, including its functionality, shall be brought to the Users' attention by means of a separate posting on the Site or by notification of the Users.
2.3. The login and password chosen by the User are necessary and sufficient information for the User's access to the Site. The User has no right to transfer his login and password to third parties, and bears full responsibility for their safety, independently choosing the method of their storage.
3.1. The Customer has the right to hire one or several specialists for piecework work on the tasks of his IT project. Before hiring a specialist, the User is obliged to familiarise himself with the specialist's qualifications and make sure that they are sufficient for the performance of his tasks.
3.2. The Customer has the right to reserve a specialist for a certain number of hours to be spent monthly on the fulfilment of his tasks, however, if the Customer has not been able to assign tasks for the required number of hours specified earlier, the hours for which no tasks have been assigned will be considered as worked and will not be refunded.
3.3. The Customer has no right to set tasks for a specialist beyond the scope of his qualification and specificity of work for which he was selected.
3.4. The Customer has the right to set any number of tasks, but understands that they will be performed by the specialist in the order of priority. The Customer has no right to demand from the Specialist to fulfil tasks in a greater volume than specified when hiring the Specialist.
3.5. The Customer understands that the evaluation of the task in hours is made by the Specialist, but the administration of the service does its best to make this evaluation objective and equal to the evaluation by another Specialist of the same qualification. The Customer has the right to agree or disagree with the evaluation of the task until the moment of its fulfilment, as well as to challenge it in the Arbitration of the service.
3.6. If the customer agrees with the evaluation of the task and sends it to the workload, by indicating the corresponding status, then he can no longer refuse this task, unless the deadlines were grossly violated, namely more than 7 working days or the performer failed to cope with the task.
3.7. If the Specialist has failed to fulfil the task or the deadlines have been grossly violated, the customer has the right to refuse to pay for the task and request a recalculation for the next billing period or a refund for the specific task. The Customer has no right to dispute and request a refund for the tasks already accepted by the Customer, if a period of more than 14 calendar days have passed.
3.8. After the Specialist has submitted the task for review with the corresponding status, the Customer is obliged to review it within 2 working days and either accept it or reject it with arguments. In case of rejection, the task should be revised by the specialist at his own expense. However, the customer should understand that the rejection of the task must be reasoned and legitimate, namely, include a description of specific errors in the work and or discrepancy with the description of the task. If there is a dispute, the parties have the right to appeal to the Arbitration Service.
3.9. The Customer has the right to change the configuration of the team at any time for not started works, but he cannot reduce the number of hours already paid for. He can change the number of hours downward only in the next period, which is equal to 30 calendar days from the start of the team configuration.
3.10. The Customer has the right to add his team members to the configuration. In this case the service is not responsible for such specialists, and the customer makes all calculations with them independently. The customer also controls that these specialists do not interfere with the work of the service specialists, but supplement the team with the necessary competences.
3.11. The customer receives all copyrights for the works performed by the service executors within the framework of work on the customer's projects. The service guarantees that the specialists will not have copyright on the product created by them, unless otherwise agreed in the individual conditions.
3.12. If for reasons beyond the control of the customer, the specialist leaves the project, the Administration of the service will do everything possible to find an equivalent replacement as soon as possible, but does not guarantee it. In case of impossibility to find a replacement in this situation, the funds paid for the specialist's hours will be returned to the customer's account balance.
3.13. The Parties have agreed that if in the course of work performance the Specialist has a need to provide the Customer with information materials (or other data necessary for the Specialist’s work performance), the Specialist notifies the Customer in writing and indicates what materials are necessary for work performance, as well as the preferred terms within which these materials should be provided by the Customer. If the Customer fails to provide information within 3 working days, the Specialist has the right to hold off the work on this task.
3.13.1. If the Specialist lacks information for the task implementation, and the Customer has not provided it within 3 working days, the Specialist has the right to stop work on this task and switch to the next one.
3.13.2. A task with the status, lacking information, is considered not delivered and is not subject to fulfilment within the 30-day period.
3.14. The Customer understands that tasks assigned later than 10 days before the end of the 30 day period may not be completed by the Specialist within this period, due to the inability to meet the deadline, but the Specialist undertakes to make every effort to complete all assigned tasks. The Client also understands that the hours for which he has hired the Specialist are evenly spent by him throughout the period and the Client endeavours to distribute the tasks evenly throughout the month.
3.14.1. Three (3) days before the end of the 30 day period of the period, the customer undertakes to have on his account the necessary amount of funds to pay for the next period of the selected configuration. This amount will be blocked until the end of the next period.
3.14.2. On the last day of the 30 day period, the reserved amount will be debited with the amount corresponding to the tasks performed by the specialists. The tasks that have not been performed due to the fault of the Specialist will not be subject to payment and the Customer has the possibility to either make a refund of this amount by written request to hello@dewelloper.com, or if this has not been done, this amount will be automatically transferred to the next period.
3.14.3. If the Customer has set tasks for fewer hours than the number of hours reserved for specialists in the configuration, the Customer understands that these hours will be considered spent and cannot be refunded. However, he has the right to write a request to hello@dewelloper.com to transfer unused hours and the Administration will do its best to satisfy this request, but cannot guarantee it.
3.15. The Customer understands that the Administration of the Service provides intermediary services, checks the skills and qualifications of specialists, but cannot be held responsible for other aspects of the relationship between the Customer and the Specialist. The Customer understands that this is his responsibility. However, the Service is obliged to sign with each specialist NDA to protect the data of the customer, with an example of this document, the customer can familiarise himself in his personal cabinet. As well as download it after adding a specialist to the configuration.
3.16. The Customer undertakes not to develop with the help of the service and Specialists projects or materials contrary to the legislation of the country where this project will operate.
3.17. The Customer undertakes under no circumstances to offer the Specialist to work outside the DeWelloper Service or in any other way to establish personal relations with him for the purpose of obtaining benefits for one of the parties. If such a fact is revealed, the Customer undertakes to pay compensation to the Administration of the service in the amount of 100 hours of the cost by the hour of the specialist in the service. As well a suit can be filed for damages.
3.18. If the Customer has received an offer of work or payments outside the service from the Specialist or members of his team, he is obliged to immediately inform the Administration of the site by means of a message to hello@dewelloper.com, labelled "Unfair actions of the Specialist" with the description of the situation.
4.1. The Customer makes a 100% prepayment for the number of hours required for his project from his personal account in the service. The total number of hours, the customer specifies and confirms independently when creating the team configuration and selecting the workload of Specialists.
4.2. Payment for the required hours is made every 30 days according to the set team configuration settings (total number of hours of specialists and their qualification). If 7 days before the end of the 30-day period, the customer has not paid for the next period, he loses the team and the service does not guarantee that he will be able to collect the same specialists again due to switching them to other projects.
4.2. If the customer has started the team, he has the right to change the number of specialists upwards at any time, if there is such an opportunity. However, a downward change before the end of the paid period can only take place with the consent of the service. If such consent is not obtained, the customer can remove the specialists not needed or reduce the load of existing specialists, and the released hours can be spent at his discretion on other specialists within the current payment period.
4.3. At the end of the 30 day period, the next period will take into account the current configuration of the team, unless the customer has created another configuration to replace the current one.
4.4. By accepting the tasks from the specialists, the customer agrees that the work has been completed for the hours spent. And confirms that there are no claims. However, if an error is detected within 14 days, the customer has the right under the warranty obligations to request the correction of the identified defects.
4.5. At the end of each 30 day period, the service sends a statement of completed work to the customer's personal cabinet. The Customer is obliged to sign it with an electronic signature via sms. If it was not done within 7 working days, the act is considered signed and accepted by the customer.
5.1. The Parties shall be released from liability for partial or full non-fulfilment of their obligations under this Agreement, if such non-fulfilment was caused by force majeure circumstances, which arose after the conclusion of the Agreement as a result of extraordinary events, such as: earthquake, fire, flood, other natural disasters, epidemics, accidents, explosions, military actions, changes in legislation, resulting in the impossibility for the Parties to fulfil their obligations under this Agreement.