Condições de trabalho on-line.
1. Object and general principles.
These Terms and Conditions of Online Contracting (hereinafter referred to as “TCOC”) regulate the principles that will rule online contracting of the services offered on the website www.yeeply.com – hereinafter referred to as the WEBSITE-, owned by YEEPLY MOBILE, SL,-hereinafter referred to as YEEPLY-domiciled in Calle Melissa, 45, Bloque 5, puerta 36, 46980, Paterna (Valencia); which is registered in the Mercantile Registry of Valencia, Volume 9545, Sheet 191, Page no V-151070, and with tax identification number B98487333.
For these TCOC the “User” will be any individual or legal entity with sufficient capacity to act on their behalf, enter legal transactions and provide services that are object to the WEBSITE, either due to a demand of services (by the requesting client, hereinafter referred to as “Client”) or the provision of a service (by a developer whose offer has been accepted, hereinafter referred to as the “developer”).
When contracting any of the services offered on the WEBSITE, the User automatically accepts these TCOC. These services are offered by YEEPLY, which conveniently informs about them and offers the possibility of online contracting through this WEBSITE. In order to contract, the registration form must be completed and all procedures and formalities that YEEPLY requests through the WEBSITE.
Any service contracted with YEEPLY through the website is governed by these TCOC, and substitutes any other condition. Therefore, any User that accesses the WEBSITE, completes the registration process, and proceeds to contracting any of YEEPLY’s services accepts these TCOC as drafted at the time of accessing the WEBSITE.
If the user of YEEPLY’s services were to be a Legal Person (or Mercantile Entity), this entity will respond for the valid and effective authorisation or empowerment of the individual who has entered into this agreement. This entity cannot oppose the lack of empowerment or authorisation of the individual who has contracted YEEPLY’s services
2. Description of services
YEEPLY puts Developers (companies, self-employed, freelancers and individuals that offer their services) in contact with Clients (companies or individuals seeking the development of an application or a related mobile service).
All the information and conditions of the services provided by YEEPLY can be found in the Terms and Conditions of Access and Use (TCAU); the direct access link is found in us general terms.
3. Online contracting of services.
3.1. Registration process
For contracting the services YEEPLY offers, the Client must register by filling out the registration form on the WEBSITE. Registration for Developers will also be obligatory to start communicating with clients or contracting a YEEPLY service.
To register, the User must fill in all fields marked as required, accept the TCAU available on the WEBSITE, and click on the button “Register”. The user must validate his account within 24 hours by following the link sent to him by email. Once having used the activation link, the user may access the WEBSITE with his email and password via the corresponding link. From that moment, he can create their profile by incorporating his data, sharing applications he has created and if needed, contracting any of the services covered by these Terms.
The use of the password is personal and non-transferable and may not be transferred to third parties. The User is solely responsible for the custody and use of the same and YEEPLY is exonerated from any responsibility for the use of it by third parties.
The veracity of all data entered by the user on the WEBSITE is guaranteed in the registration process, on behalf of the User, with the completion of all forms or fields.
3.2. Operation of the WEBSITE’s system of contracting.
By activating the account, YEEPLY allows Users to communicate with Clients and Developers. The Client can contract the provision of services by the Developers that may offer them, thanks to the different tools provided by YEEPLY.
The demand for provision of services (the Client posts the project), and the provision of them (the Developer makes an offer), is different depending on the situation of each during the contracting process:
1) Client: Posts a development project.
Companies, freelancers and self-employed professionals or individuals who demand the development of an application or any project related to mobile technology by third parties, will include the following project information:
- Title of the project
- Description of the requested project (development times, technical requirements, design, etc.)
- Application platforms
- Application category
- Estimated budget for the provision of the project
It is recommendable to offer as many and of high quality details as possible in order to receive better and of higher quality budgets from the developers.
2) The Developers prepare a technical-economic offer of the project
Developers interested in the project can prepare an offer for the client.
The offer must contain at least the following information, very clear and of a high quality:
- description of the offer and its content
- the list of milestones (it is recommended to include the milestones that constitute project implementation):
- development time
- the price of each milestone
In this offer the developer is responsible for suggesting the client making payments through the ESCROW system provided by YEEPLY.
3) The client can communicate with the group of Developers that make offers for him.
Communication between the Client and the group of preselected Developers is allowed in order to share doubts relevant to the project. In the offer stage, this communication will be public between the Client and the group of preselected Developers.
The User (Client and Developers) assumes that they cannot exchange contact information to manage the process externally to the WEBSITE. If a user does this, the other users are required to notify it at firstname.lastname@example.org indicating this fact in the subject of the message so that YEEPLY proceed to the removal of the profile or profiles involved after verifying the facts.
As indicated above, the fact of exchanging contact information in the process of offers making may include removal of the profile of the involved one/ones and all their actions and contents on the WEBSITE. YEEPLY is empowered to decide the matter.
4) Selection of the winning Developer
Once all the offers have been received and analysed by the Customer and all the necessary questions and answers have been exchanged, he selects the winning Developer.
When the Customer accepts the offer, YEEPLY will notify the relevant Developer and he will have to pay YEEPLY the commission of the service according to the TCOC accepted at the registration process.
Moreover, both parties will have to accept these TCOC on the corresponding link of the notification email or on the WEBSITE in the corresponding section upon acceptance of the offer.
This is final and binding for both parties, assuming the obligations of these TCOC and the offer in itself, which will also be binding for the parties. The contracting parties will receive a document via email that will state the agreement, terms of payment and the amount according to the following section 4 of these TCOC.
The project posted by the Client requesting the services of a Developer cannot be modified and is open to any of the WEBSITE’s Users that may make their offers for it unless the Client chooses the service of PRIVATE publication of the project.
YEEPLY will automatically notify the client every time an offer is received and he can accept or reject it.
Likewise, YEEPLY will communicate to the expert by email, when their offer has been accepted or rejected.
In no case will it be understood that YEEPLY has participated in the negotiation between both parties; the only service provided is the communication between the Client and the Developer.
Users (Client and Developer) are required to have all the necessary documentation to carry out the project and all permits and legal authorisations for the development of the activity, whether national or international; they are obligated to request or renew them if necessary.
The Customer may evaluate the Developer by completing a form about the service provided by the Developer in an objective way. This information will be accessible to other users of the WEBSITE and will serve for future selection processes in which the Developer is involved.
However, YEEPLY cannot guarantee the accuracy or authenticity of the evaluation the Client made about the contracted Developer who has provided him a service.
4. Price and terms of payment.
4.1. Terms of payment for services. Budget deposit
Once the Users have agreed to the terms for the provision of services, as described in the previous section, the Client and the selected Developer will receive a document in an email with the terms of the agreement, the agreed budget with the remuneration that the Client gives the Developer, indicating the part of fees that correspond to taxes.
If the arrangement Escrow is chosen and no later than five days after receipt of this e-mail, the Client must make a deposit, as instructed by YEEPLY (credit card, PayPal or bank transfer), of the budget amount plus the corresponding commission for the payment system ESCROW (the payment for the intermediation service). In the event that the Client does not make the deposit within this period, it will be understood that he disagrees with the agreement.
YEEPLY acts as a mere custodian of the budget deposited, obligated to guard it and unable to use this budget until the payment is ordered, as stated below. This amount will be deposited into an account different from the one used by YEEPLY for business operations. Notwithstanding, any amount that the account may generate for interests will belong to YEEPLY.
The Client, with the agreed budget income, grants an express and irrevocable mandate to YEEPLY to proceed to make payment for the services provided by the Developer, as long as they meet the requirements and terms set out in the section 4.2.
In the following cases, YEEPLY releases the agreed budget payment (deducting YEEPLY’s commission, in accordance with section 4.2.) to the Developer:
- If the contractor Client accepts the Developer’s services as finalised;
- If the contracted Developer registers the development as finalised, and it is ratified by the Client within fifteen (15) days of notification, or if the Client has not spoken out against such effect after the deadline.
In all of the cases and so that YEEPLY releases the payment, the Client will have to be invoiced by the Developer with both contracting parties’ correct data. This fact, and the actions described in clause 4.2. in regards to the part corresponding to YEEPLY, will release the latter from their obligations to both contracting parties.
If the payment cannot be released under the circumstances described, the provisions of the conflicts section will come into force.
The contractor Client may only claim a refund or part of the deposit, depending on the circumstances, in the following cases:
- If the contracted Developer agrees with this fact;
- If the final price invoiced by the Developer is less than the deposit (the corresponding differential will be released);
- If the provision of services have not been initiated within 15 days.
4.2. Price of services provided by YEEPLY.
Any user can register for free on the WEBSITE. YEEPLY offers the developers different types of membership with different prices and different benefits (as it is written in the relevant TCAU clause).
In the event that a Client contracts a Developer through the Website for the provision of their services, YEEPLY is entitled to receive the relevant commission of the agreed budget as the payment for the provided services (as it is explained in the TCAU), and this payment is made by the Developer.
If the arrangement Escrow is chosen, once the release of payment is authorised as indicated in the previous section, YEEPLY issues and sends the Customer the relevant invoice for the commission for the intermediation service of the secure payment system ESCROW, if it is requested by the customer.
5. Termination of the relationship
The duration of the Client’s relationship with YEEPLY will last the time of the project contracted through the Website.
If the User would like to discharge YEEPLY’s services, he will have to send a letter signed by the account holder along with a photocopy of his ID card, indicating that the User will to terminate the service by mail to the following address: email@example.com. This will become effective when the contract is finalised between both parties.
YEEPLY, within a maximum period of 4 days, will send an email to the address provided by the user with the written confirmation of receiving the discharge request.
In the event that the User flagrantly does not comply with these TCOC, YEEPLY may terminate the contract without prior notification to that user, and without them able to claim or seek compensation of any kind.
Upon finalisation of this relationship, the User will have no right to use the WEBSITE.
In the event that any of the conditions or terms of these TCOC are withdrawn, the rest of them will not be impaired or affected thereby.
The voided condition or clause will be replaced by another one that complies as much as possible with the previous one.
If YEEPLY does not exert any right arising from these TCOC, this will not be construed as a waiver thereof unless it is given in writing by YEEPLY or by exceeding the time limit of the corresponding action.
7. Modification and Validation of the TCOC.
YEEPLY, without prior notice and at any time, can change or modify these TCOC, the presentation, content and configuration of the WEBSITE. These TCAU and TCOC will always be visible on the Website and available to the Users, who should read them every time they access. Moreover, for any type of contracting through the WEBSITE, the User has to accept these TCOC.
These TCOC and the document that acknowledges contracting through YEEPLY are the only valid documents that govern the relationship between YEEPLY and the User, any other oral or written prior agreement between both parties is invalidated. If any modification of these TCOC is required between the parties, it will be done in writing and by mutual agreement between the User and YEEPLY.
8. Transfer of rights and obligations of subcontracting.
YEEPLY may subcontract, assign and/or transfer without the User’s authorisation the rights and obligations established in these TCOC or services provided through the Website.
However, YEEPLY must authorise in writing the User to assign and/or transfer the rights and obligations provided in these TCOC or the contracted services through the website.
9. Communication between YEEPLY and the User
Any communication between the User and YEEPLY relevant to these TCOC or the contracting of services will be done in writing, and in accordance with that established herein for each case.
The User will address the remaining cases not covered in these TCOC by email to firstname.lastname@example.org or to YEEPLY´s address referred to in the first paragraph, through a system that can accredit the content and acknowledgment of receipt by YEEPLY.
10. Resolution of conflicts between users
If there is a disagreement in the relationship between the Client and the Developer that they are not able to resolve, they may submit freely to the free mediation service offered by YEEPLY that provides assistance in the resolution of conflicts. For this matter, YEEPLY will have 15 days to offer a solution or request additional information. In any case, YEEPLY’s decision will not be binding for any of the parties nor will YEEPLY have to assume any responsibility in regards to it.
In the event that the mediation service between Users does not achieve any agreement between the parties and for any dispute that arises from this contract, both parties submit expressly, and renounce their own jurisdiction, to the decision of the matter or dispute proposed through the institutional arbitration of ARBITEC Spanish Technological Arbitration Association, which is entrusted the administration of arbitration and the appointment of arbitrators. The arbitration shall be conducted in accordance with the procedure established in the Arbitration Regulation of ARBITEC and the Arbitration Act, of 23 December 2003, and may be conducted on the Internet or by using any other electronic means. The arbitration ruling shall be made within ninety days following the acceptance of the position by the appointed arbitrators, forcing both parties to accept and comply with the decision contained therein. In the event that the arbitration is not conducted by mutual agreement or is declared invalid, both parties submit to the Courts and Tribunals of the City of Valencia, renouncing their own jurisdiction if different.
This arbitration can only be made between companies and self-employed professionals, never with individuals that become Users of the Website.
In the event the arbitration is not conducted by mutual agreement or is declared invalid, both parties submit to the corresponding Courts and Tribunals of the corresponding city in accordance with the applicable legislation.
11. Applicable Legislation and Jurisdiction
Spanish laws govern the access and use of the WEBSITE and the interpretation, compliance and enforcement of these TCOC.
To resolve any legal dispute arising from the interpretation and/or enforcement of these Terms and Conditions, both parties renouncing any general or special jurisdiction that may apply to them, submit to the Courts and Tribunals of Valencia (Spain). However, if any of the parties are considered a “Consumer”, in accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users, the submissive clause set forth above shall not apply, the jurisdiction applicable will be the one corresponding in each moment depending on said consideration.