1. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and the Remotely (“we,” “us” or “our”), concerning your access to and use of our websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
2. You agree that by accessing the Site and using resources provided therein, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service or have no legal capacity to be bound to them, then you are expressly prohibited from using the Site and resources provided therein, and you must discontinue the use immediately.
3. Depending on your role while using the Site, you act either or jointly as:
4. You can only conclude this contract and use our Site if you provided us with your current details and where applicable - the current details of your economic activity or an entity you are authorized to represent, including relevant registration information and a TAX ID. You shall inform us immediately of any updates to the information you provided.
5. These Terms of Service, your use of the Site, as well as contracts concluded with us are governed by and construed in accordance with the laws of Ukraine. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
6. All orders placed through the Site are subject to conditions specified on the order page and below.
7. Our Site serves as a platform for anybody that needs to hire a developer.
8. Our role is to provide a platform enabling developers to connect with their clients. Unless indicated otherwise, any services ordered through the Site, create a legally binding agreement between us and the client, whereas the developer acts on our behalf (“Services”).
9. For providing our Services, we shall receive the Remuneration from the client, in the amount provided to your attention before hiring a developer. Where relevant, the details of offered services, their scope, and price, shall be further specified in a separate agreement, or in exchange for messages and requirements, if unanimously agreed before placing the order. The Remuneration is provided at the net value, meaning we might charge additional tax, depending on applicable tax law.
10. Unless necessary for the performance of the contract concluded through the Site, communication with clients and developers outside the Site is prohibited. You shall immediately notify us of any requests or communication that is made outside the Site. We reserve the right to request further information, including updates on details of relations and business negotiations with clients and developers.
11. To provide the highest standard of services, a developer can only use the website in compliance with all his/her legal obligations towards the client, including any applicable legal norms, informational duties, as well as clarification of what is covered by the price, what the service costs are, deadlines and any guarantees you provide. The developer shall also comply with all applicable tax and customs regulations.
12. To enable offering services through the Site, a developer shall register with our Site and apply for verification. After receiving the request, we carry out a recruitment process and ask for information necessary to determine qualifications, credibility, and any other characteristics necessary to cooperate and provide Services.
13. For taking part in providing our Services, a developer shall receive remuneration, subject to conditions and in the amount specified in a separate agreement or on the Site.
14. You shall perform your obligations towards us and clients you work with, in accordance with your best knowledge and skills, with due diligence relevant for professional relations, as well as in a timely and fair manner.
15. Failure to perform the above duties may result in termination of your account, and legal actions aimed at pursuing our claims.
16. For helping us promote our Site and reach clients who need our Services, our partners are entitled to a commission based on the remuneration received from the clients who place orders as a direct result of the partner’s assistance.
17. All complaints should be sent to the address indicated in section 1 above, by e-mail or traditional mail. The complaint should include:
18. Complaints will be considered within 30 days of their receipt. The answer will be sent to the e-mail address provided by you.
19. We may request you to provide the information necessary to solve the request, specifying a period not shorter than 7 days and the scope of the required information, with the instruction that failure to complete the request within the specified period will result in the request not being considered. After the expiry of the designated deadline, the complaint shall not be considered.
20. Consumers enjoy the possibilities of using out-of-court complaint and redress procedures. If you wish to follow such a procedure, please contact us so we might suggest a procedure appropriate for your case.
21. By using the Site, you represent and warrant that:
22. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
23. You are required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
24. The Site may invite you to chat, contribute to, or participate in selling platforms, blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
25. The Contributions mentioned above cover any communication made through the Site, as well as other data you provide to us by any other means, including your trademarks, offer product and price range, and business activity details.
26. Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
27. Any use of the Site in violation of these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.
28. By posting your Contributions to any part of the Site, or making Contributions accessible to the site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels.
29. To provide the functionality and transparency of the Site, as well as to enable best matches with clients, you grant us the license to post your details, including your first name, image, as well as information about education, courses, and work experience. You agree not to share with the client your last name and other information enabling them to contact you outside the Site.
30. Within the Site and our social media pages, we can also post the developer’s service details, prices, and price lists with or without company and brand details, including company name, website, contact person, and trademarks.
31. You also license us to use your business name, brand details, manager’s first and last name, and title in the credentials section of the Site.
32. You hereby grant us the license to the use of photos you post on the Site and in email correspondence with a purpose to illustrate our business connection with your business, products, or services.
33. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
34. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
35. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
36. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
37. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
38. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
39. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
40. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
41. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
42. Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in Ukraine, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Ukraine.
43. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
44. Sales through the Site depend on several factors, including, but not limited to the offer’s attractiveness, price, matching client’s needs, and the current demand for a specific offer. The Site does not guarantee any specific sale volumes or any other success but aims at matching developers and clients with each other.
45. The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connections with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:
(1) errors, mistakes, or inaccuracies of content and materials,
(2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
(3) unauthorized access to or use of our secure servers or all personal data or financial information stored therein,
(4) interruption or cessation of transmission to or from the site,
(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you any third-party providers of products or services.
46. As with making transactions through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
47. To the fullest extent permitted by law, in no event will our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
48. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
49. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
50. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
51. These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
52. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
53. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
54. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
55. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
56. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes to these Terms of Service, using the e-mail address you provided. If you do not agree with the updates to these Terms of Service, let us know within 7 days of receiving an alert. Lack of timely objection means you agree to the new version Terms of Service.
57. These Terms of Service remain binding until you have a valid account on our Site and until you pay us all the remaining fees, commissions, and remuneration, 2 years after that date, and later - to the extent implied by the nature of rights and obligations created under these Terms of Service, in particular until the end of limitation periods for any legal claims.