WEBSITE CONDITIONS OF ACCESS AND USE
Updated 30th November2012.
1. - General Information.
The PORTAL access and use through the address www.projectlinkr.com(THE PORTAL) is offered by the Spanish company LEVERAGE IQ IBÉRICA INTERNET SERVICES, S.L., hereinafter LEVERAGE, domiciled at Balmes Street, No. 297, 1º 2ª, registered in the Commercial Registry of Barcelona, tome 42660, Folio 13, Sheet No. B-413 368, and with ITIN no. B65594822.
2. - Acceptance of the General Conditions of Access and Use
2.1 - The access and navigation through the website www.projectlinkr.comimplies automatically the express acceptance of these General Conditions of Access and Use (hereinafter GCAU), so that people who access and browse the PORTAL website on www.projectlinkr.comagree to be bound and abide under their sole responsibility.
2.2 - In order to obtain the best effectiveness out of the PORTAL, LEVERAGE may deny or restrict access to Users and/or Users who do not respect these GCAU without any need for notice.
2.3 - These GCAU may be modified by LEVERAGE at any time and without notice, when deemed appropriate or necessary to optimize and/or adapt the regulation of access and use of the PORTAL. Once introduced that amendment, if the User is accessing and using the various tools of the WEBSITE, it will be considered that he accepted those changes, otherwise he will have to refrain from their use.
2.4 - Moreover, notwithstanding these GCAU, LEVERAGE may set certain conditions that must be complied with for access and use of some of the services offered by the PORTAL.
2.5 - In addition to these GCAU, for access and use of the portal, the Privacy and Data Protection Policy indicated in these general terms should be respected.
2.6 - For the purposes of these GCAU, the User will be understood as anyone who browses the PORTAL, regardless of he registers by completing the registration forms and/or uses any of the services theWEBSITE offers, be them free or subject to the paying of a certain amount.
3. - Brief description of the PORTAL and purpose of use.
3.1 - THE PORTAL is a "Marketplace" for companies and self employed service providers of different types, professionals and individuals, as well as for businesses with specific projects, which have signed an agreement collaboration with LEVERAGE, and have interest in contacting Users registered in the PORTAL whose profile fits their needs.
3.2 - The PORTAL does not execute any activity of working intermediation with any of the PORTAL users, nor is a part of any contracts of services providing that Users can subscribe to each other.
3.3 - To facilitate the hiring of the services offered, the PORTAL offers to the Users the same set of tools that grants, among others, the access to a wide range of projects and services offering, a selection of projects and offers in different areas according to multiple search parameters, the possibility to contact the professional or the company selected to negotiate the terms of the offer, to decide safe vehicles for the payment, etc..
3.4 - The PORTAL also offers professionals the opportunity to contract, additionally and in attractive conditions, different services to facilitate and stimulate their own professional activity, aimed at both business management and the optimization and growth of their business, or any other service LEVERAGE decides to introduce. All of these services will be provided by professionals outside LEVERAGE and the PORTAL and there will be separate contracts with them, which is subject to specific conditions.
3.5 - Finally, Users will have access to a wide range of products and services that LEVERAGE decides to offer its Users at any time.
3.6 - Notwithstanding the foregoing, LEVERAGE is empowered to change at any time without prior notice the look & feel (design, image, presentation and configuration or operation), as well as the PORTAL content and functionality included in it, deleting, changing, adding new or subjecting it to specified conditions, without involving alteration of the agreements or commercial relationship between LEVERAGE and the User.
3.7 - To access the service it is required a computer, with the programs and settings needed for the proper functioning of the PORTAL  and Internet connection. The costs of connection are the sole responsibility of the user.
4. - Registry: Getting the username and password.
4.1 - To proceed with the use of the different functionalities of the PORTAL, the person must be an adult and must register accordingly to the following instructions included in the PORTAL, accessible through the option "Register as a Freelancer". Access and registration for the offering of services is exclusively reserved for freelancers and companies, who must fill out a form specially designed for this purpose.
4.2 - The User warrants under their own responsibility the accuracy of the information provided, to be kept current at all times, absolving LEVERAGE of the consequences and damage that the inaccuracy of it may cause to third parties.
4.3 - Once all the required fields are completed, LEVERAGE will provide to the User the identification code and password and a key (codes) that will allow the access and use of the PORTAL under the conditions that have been employed.
4.4 - The User identification code and the password are entirely personal and untransferable, specifically assigned to the User, who takes responsibility before LEVERAGE and others from the proper use and non-transmission or disclosure to third persons and/or entities other than the User or person expressly authorized by him to contract in its name.
4.5 - In case of any loss or theft of passwords, unauthorized use of the PORTAL or codes, and any violation of security that the User has become aware of, he is obliged to notify LEVERAGE immediately. In this case, the User shall be entitled to be given a different identification code and password to access the PORTAL.
4.6 - The PORTAL assumes no obligation or have no technical means to verify the identity of those who register on it. Therefore the PORTAL shall not be liable in case of identity theft of the user.
4.7 - LEVERAGE reserves the right to reject any application for registration whose content does not conform to the purposes of the PORTAL, without implying any right to indemnification, compensation and/or restitution, or refund of any amount satisfied by the user.
5. - Code of conduct and terms of access and use of the PORTAL.
The correct behavior of Users is essential for the proper functioning of the service. Below is the code of conduct which they must follow to access and use the PORTAL, expressly stating that compliance with the condition described below is essential for using the portal.
5.1. - Code of Conduct for Users.
A) The Users declare under their sole responsibility that they are going to act in compliance with the applicable regulations, in a responsible, respectful, diligent way, with complete good faith.
B) Particularly, the User guarantees that the services offered and that can be agreed with other Users are not illegal, immoral, or infringe or violate prohibited third party rights and has all necessary licenses to develop the contracted activity .
C) Likewise, the User agrees, at its sole responsibility, to provide complete, accurate and truthful information about his business and the services offered through the PORTAL and, when appropriate, about their experiences in relation to transactions with other Users.
D) The User is prohibited of the following behaviors that are described below by way of example:
F) The User agrees not to transmit through the PORTAL any information or material, with products or services of any kind or nature that is unlawful, libelous, defamatory, harmful, vulgar, obscene or otherwise objectionable.
G) In the case that the User has access to confidential information, he agrees to use it only for the purposes for which they were revealed, with due regard to confidentiality.
H) LEVERAGE, in its sole discretion, may terminate access to the Portal, immediately and without advance notice, if the User's conduct is not consistent with these GCAU.
6.- Contracts with third parties through the PORTAL.
6.1 - Once the User has obtained the keys he will be ready to, among others, contract with third parties providing certain services. The process is different depending on whether a service is offered or if you demand one.
6.1.1 - Publication of demand for services
Businesses, professionals and individuals who wish to publish a request for services should include the following particulars:
a) Clear description of the requested service, including all the information that must be considered by professionals to provide it.
b) Geographic area of service.
c) Execution time.
d) Estimated budget.
e) Period of validity of the offer.
The submit of a demand for services will be free.
The applicants should be aware that the more details about the services they offer, the more budgets they will receive.
6.1.2. - Publication of service offerings
Companies and professionals who are interested in a demand for services will answer it including at least the following information:
a) Clear description of the service offered.
b) Method of payment with the need to specify if the Projectlinkr Escrow payment option will be used, that consists of 1 or 3 payments.
6.2 - The realization of offers and other services by the user of the PORTAL is only possible using a certain number of credits, as laid out in the Credit Appendix. The credits will be automatically discounted from the users account, when a corresponding action is done by the user.
6.3 - The realization of offers that are part of an Escrow Payment, are exempted from the above paragraph.
Unless the conditions applicable to the contracted service type does not specify the opposite, the submission of an offer of services responding to a demand made by an User of the PORTAL will be subject to payment of the amount stated in the "Rates and Prices" .
6.4 - Once published, the demand for services may not be modified and will be accessible under the conditions applicable in each case, to all PORTAL users, who, in their case, may submit an offer to provide services on the terms demanded or those they deem most appropriate. It is expressly stated that certain information in the demand for services may only be accessible to Users who have purchased a certain type of services.
6.5 - Whenever the User demanding a service receives a bid, he will be notified in writting, and may accept, reject or invite to submit a new bid under certain conditions.
6.6 - Similarly, the User provider of a service will be notified in writting when his offer is accepted, rejected or when has been sent an invitation to change the bid previously submitted.
6.7 - The modification of a previously submitted bid answering the invitation of a User demanding services will be subject to payment of an additional amount, unless the conditions applicable to the type of services contracted otherwise.
6.8 – Once the offer has been accepted by the demanding User, the User provider of services will be notified and this offer shall be final and binding on both parties, so that the obligations are payable as the parties have agreed or, in case of non-agreement, as determined by the law.
6.9 - In addition, once accepted the offer, the contracting Users will receive an electronic document with the content of the agreement.
6.10 – In no case shall be understood that LEVERAGE has participated in any way in the negotiation process, limiting its activity exclusively to facilitate contact between buyers and sellers of professional services.
6.11 - Also, users are obliged to have in place, while they are discharged as users of the Portal, all permits, authorizations and licenses, whether municipal, provincial, state and/or international, to exploit the activity that is proper and that may be required to provide a service to other users, undertaking to apply for a renew on time, if necessary.
6.12 - Once the contracted service has been fully completed, the contractor user may fill out a form that objectively assess the service received, which shall be accessible to the other PORTAL Users.
6.13 - Notwithstanding the foregoing, LEVERAGE does not guarantee the authenticity and/or accuracy of the opinions made by Users in relation to the work performed by another User who has accomplished a specific service.
6.14 - If a Contracting User is aware that the Contracted User, in the provision of the contracted service, performs an unlawful conduct he must immediately inform LEVERAGE through the PORTAL.
6.15 - LEVERAGE is not required to mediate in disputes which may arise between Users in the commercial relationships that they maintain or have maintained.
7.- Rates for access and use of the PORTAL and its various services.
7.1 - The PORTAL tools, resourcesand services which are not free are clearly indicated on the PORTAL. To make use of them, the user need to have a number of credits available, depending the explicit case.
7.2 - The way credits can be bought, as well as the corresponding tariffs and conditions, as well as the different types of access and payment forms are available at all times on "Rates and Prices."
7.3-The Prices of credits are fixed in Euros. They do not include taxes and fees that may apply.
7.4- The credits have a validity of 12 months starting with the date when they have been bought or they have been credited to the user. The credits will be automatically deducted from the user account, when they are expired.
8.- Links between Web pages.
8.1 - If LEVERAGE decides to include in the PORTAL links to third party websites, the User freely decides on his own responsibility the navigation and access on them with complete indemnity of LEVERAGE.
8.2 - If the User enters the PORTAL links to their Web pages or third parties Web pages, he must ensure that they do not contain elements and/or information that is immoral, violent, not complying with existing laws, or in either way, adversely affect the image of the PORTAL.
8.3 - LEVERAGE is empowered to withdraw all content posted by the User who contravenes the provisions of these GCAU.
9.- Intellectual Property.
9.1 - The User expressly acknowledges, for all purposes, that information, signs, pictures, designs, logos, animations, video, text and other elements and contents, including services and applications from the PORTAL, are subject to rights of intellectual property belonging exclusively to the owner, who has granted LEVERAGE the necessary licenses for exploitation, so they are not grant any rights therein except as expressly recognized.
9.2 - The rights of use granted by LEVERAGE to the User in relation to the above items are strictly limited to the access and printing on any medium and for strictly private purposes, provided that the registration of the User remains in force.
9.3 - Consistent with the previous paragraph, the User is not entitled to, for example, download, reproduce, change, modify, distribute, copy, exploit commercially, publicly or in any form or medium, as well as having the elements and contents listed above, including computer codes of any of the elements of the PORTAL.
9.4 - The User is directly responsible for all consequences, damages arising for LEVERAGE and / or third party of infringement of any obligation under this clause.
9.5 - The User may provide, if appropriate, a blog or diary where he can publish the content he sees fit, always respecting the provisions of these GCAU.
9.6 - Notwithstanding the preceding paragraph, LEVERAGE is not responsible for any of the arguments heard in it.
9.7 - In any case, LEVERAGE is empowered to block access to content that is unlawful, libelous, defamatory, harmful, vulgar, obscene or objectionable in any way.
9.8 - The User grants to LEVERAGE the right to use the content he has entered the PORTAL to the development of the activity thereof. This right is conferred in a global level throughout the term of his registration on the PORTAL.
9.9 - The User recognizes to LEVERAGE the right to modify the contents introduced in order to be suitable and compatible with the technical and aesthetic features of the PORTAL.
9.10 - LEVERAGE may, at its sole discretion, which contents should appear prominently on the PORTAL. .
10.1 - LEVERAGE assumes no liability or obligation of any kind regarding the User's expectations or outcomes related to access, use and performance of the PORTAL.
10.2 - LEVERAGE does not warrant that the use of the site will be uninterrupted, secure, timely or error-free, nor the accuracy and/or reliability of the information obtained through it.
10.3 - LEVERAGE is not responsible for damages caused by misuse of the service by users. The services offered by the PORTAL comply with current regulations and the User must refrain from acts of any kind that violate any law, local, national or international, regarding human rights and law in general, declining LEVERAGE any responsibility otherwise.
10.4 - LEVERAGE is not obliged to repair any damages, direct or indirect, that are caused by an incomplete or incorrect and untrue information, provided by the PORTAL Users, nor is responsible for the behavior of Users, their possible failures and/or possible insolvency situations where they can be found.
10.5 - LEVERAGE is not obliged to repair the damages, direct or indirect, arising from services provided by external providers with which LEVERAGE has reached agreements or commercial partnership, in which it acts only as a mere intermediary.
10.6 - LEVERAGE will not be liable for any damages that may result from the inability to access the PORTAL, or by the unavailability of the network, lack of proper configuration of computer equipment, for acts or omissions of other Users or third parties, or any other cause.
10.7 - LEVERAGE is not responsible for delays and/or faults produced in access, working and/or operating the PORTAL, nor for any interruption, suspension or malfunction of the same whenever originated from damage by natural disasters such as earthquakes, floods, and any force majeure or situations of extreme emergency such as war, strikes, lockouts or any other situation of fortuitous cause or force majeure.
10.8 - In no event LEVERAGE will be liable for any damages the User may suffer in case of non-compliance of these GCAU.
10.9 - The User is the sole responsible for the business he carried out, based on which products and services he offers through the PORTAL, both in terms of management, and in relation to the compliance of the regulations in force in all that apply to him in response to the type of activity performed, such as obtaining permits, licenses, authorizations, etc. To this end, management means all activities related to the contracted services, and any other activity related to the transaction model to conduct through the PORTAL.
10.10. - The User is the sole responsible for the damages occasioned to LEVERAGE, to any User and/or third party, caused by bad faith, illegality, misrepresentation, inaccuracy, lack of diligence, failure of any information, content and/or object of any transactions, commitments or agreements made with another User as a result of using the PORTAL or arising from it.
10.11 - If LEVERAGE be held responsible for any loss or damage to cause the above ends in a judicial or extrajudicial lawsuit, by a court, administrative tribunal or competent public entity, it may reclaim all sums paid and had to endure including consequential damages and lost profits from the User, and any costs or charges which would have had to face, including taxes, charges, lawyers, attorneys, experts, arbitration, travel, leisure, and any other.
10.12 - LEVERAGE reserves the right to communicate confidential information that Users have exchanged when it is imposed by law, rule, regulation, ordinance and/or any other legal or judicial mandate, or under governmental request.
11.- Protección y funcionamiento del PORTAL.
11.1. - LEVERAGE, mantendrá operativo EL PORTAL durante todo el año, las 24 horas del día, siempre que el estado de la técnica lo permita.
11.2. - Asimismo, LEVERAGE se reserva el derecho de modificar o interrumpir, en todo o en parte, el acceso al sistema temporalmente, cuando lo requiera el servicio de mantenimiento, actualización o reparación del sistema o el servidor de Internet, sin necesidad de haberlo notificado al Usuario.
11.3. - Si el Usuario detectara alguna anomalía, interferencias de terceros, errores del sistema o mal funcionamiento del PORTAL, deberá notificarlo a LEVERAGE para que esta proceda a su solución.
12.- Protection and operation of the PORTAL.
12.1 - The User declares that all information provided is true, complete and accurate and that, in accordance with the provisions of Article 5 of Law 15/1999 of December 13, on Protection of Personal Data, he expressly consents and authorizes his data to be incorporated into an automated file, from which LEVERAGE is responsible, to be used for the following purposes: - The provision and billing of services. - Contact and contracting with third parties through the PORTAL, related to projects that have been previously supplied or demanded. - The announcement of promotional agreements LEVERAGE has reached with partner companies to provide to the Users of the PORTAL certain products and services on attractive terms.
12.2 - The information provided which is part of the public profile of the User may be accessed by all Users.
12.3 - The information provided that does not form part of the user's public profile as well as any other data can be obtained indirectly through billing, business reports or information from other Users, will only be accessed by LEVERAGE and its service providers, with whom it will sign the necessary agreements to ensure adequate protection and confidentiality of such information.
12.4 - The failure to disclose information considered mandatory will prevent the registration in the PORTAL. The failure to disclose information considered optional may hinder contact with other PORTAL Users.
12.5 - The User can exercise their rights of access, rectification, cancellation or opposition by sending a e-mail to email@example.com or by written communication sent to the following address C / Balmes, 297, 1 º, 2 ª, 08006 Barcelona.
12.6 - If the User exercises the right to cancel or oppose the data necessary for LEVERAGE to provide the PORTAL services, it may terminate this agreement, unsubscribing the member who will be not entitled to any claim for the part of this term.
13.- Term, Suspension and Resolution.
13.1 - The relationship between the User and LEVERAGE have aunlimited duration.
13.2 -A user can at any moment resolute his participation in the PORTAL with a letter signed by the account holder, indicating the desire to terminated the service and his PORTAL user to the following eMail: firstname.lastname@example.org
13.3 - The User will receive written confirmation of his request by the sending of an email to the address that has been provided by him or any other manner that is equally effective and ensuring proper evidence thereof.
13.4 - LEVERAGE also may inform the User of its decision to terminate the contract by sending an e-mail to the address the User has provided in the registration form, which will produce the full effect 5days after it was received.
13.5 - As an exception to the preceding paragraph, LEVERAGE shall terminate the contract without prior notification in case of flagrant violations of these GCAU by the user, without given to him any rights of claiming or compensation.
13.6 - At the time of the termination, User's rights to use the PORTAL cease immediately.
13.7 - In addition to the reasons for termination expressly indicated in the remaining provisions of these GCAU, the following reasons will motivate the termination of the relationship between the User and LEVERAGE: a) In the event of irregularities and misrepresentations by the User. b) In the event that the User breakes any of the conditions of access and use of the PORTAL stablished in these GCAU.
13.8 - In case of disagreement by the User of these GCAU, or any of its amendments, or if he is not satisfied with the PORTAL, the User must:
a) discontinue the use of the PORTAL.
b) cancel his subscription.
c) notify LEVERAGE about the termination in the manner prescribed in these GCAU.
(I) Abrogation: If any term and conditions that make these Terms and Conditions of User Conduct is held invalid or unenforceable, in whole or in part by any court, the remaining provisions shall retain their full force.
(II) Plenitude: The legal relationship between the parties is governed by these GCAU and, where appropriate, by the specific conditions that apply to the services contracted further. These GCAU and, where appropriate, the specific conditions referred to, are the only valid document between the parties and replaces any previous agreement or commitment on the same object, whether written or verbal, and may only be modified by agreement reached by both parties.
(III) No Waiver: The non-exigency from any of the parts of their rights set by these GCAU, will not be considered a renunciation of such rights in the future.
(IV) Relationship between the parties: The access to and use of the PORTAL and the relationships between the parties do not constitute any partnership, joint venture, agency, job placement or employment contract between the parties.
(V) Headings: The headings of clauses are for information purposes only and do not affect, qualify or extend the interpretation of this Agreement.
(VI) Force Majeure: LEVERAGE is not responsible for delays or faults produced in access, working and/or operating of the PORTAL, nor for any interruption, suspension or malfunction of the same whenever it is origined by natural disasters such as earthquakes, floods, and any force majeure or situations of extreme emergency such as war, strikes, lockouts or any other situation of fortuitous cause or force majeure.
15.1 - For any questions or doubts that are related to the access and use of the PORTAL or these GCAU, one can send an email with its request and contact details to the following address: email@example.com
15.2 - You can also contact us by directing your request and contact information to: LEVERAGE IQ IBÉRICA INTERNET SERVICES, S.L. C/ Balmes, 297, 1º, 2ª 08006. Barcelona, Spain.
15.3 - Notwithstanding the foregoing, LEVERAGE may transmit notifications via the homepage of the PORTAL, to inform the User about the changes on it. Notification shall be considered valid and therefore, as notifications to the User.
16.- Law and Jurisdiction.
The access and use of the PORTAL as well as the interpretation, compliance and enforcement of these GCAU are subject to the provisions of Spanish law. The User and LEVERAGE are subjected, expressly waiving any other jurisdiction, to the courts of Barcelona (Spain).