These general terms (hereinafter referred to as the General Terms) are an integral part of the service agreement (hereinafter referred to as the Service Agreement) between the client (hereinafter referred to as you) and the service provider (hereinafter referred to as the Freelancer) for the provision of freelancer services (hereinafter referred to as the Service).
Freelancer is a partnership based on a contractual relationship between a managing partner (hereinafter referred to as Involancer) and an individual Freelancer(hereinafter referred to as Freelancer. The Freelancer is regulated by Estonian law. With this in mind, Involancer (as the managing partner of the Freelancer) and the Freelancer represented by Involancer sign the Service Contract on behalf and on account of the Involancer
These General Terms and Conditions apply to the Client as a natural person and as a legal entity.
1) The nature and scope of each Service you order (including the manner and terms of delivery of the Service, the Service Fee, the payment terms and, if applicable, the number of hours to be worked, the hourly rate and all other terms) is determined between you and the Freelancer. By making the payment, you agree that you have agreed with the Freelancer according to the terms between you and the Freelancer. Involancer is not a party to disputes due to the terms of the contract between you.
2) Involancer may restrict or prohibit the nature, scope and everything related to the service.
3) By clicking the checkbox with the contents of this agreement, you agree to the Invoice and all terms applicable to the provision of the Service.
4) Involancer cannot be held responsible for agreements, disputes and disputes between the freelancer and the service purchaser.
5)Involancer may refuse to provide services or may subsequently terminate the ongoing Service and/or Service Agreement based on laws and its own internal guidelines, including anti-money laundering, anti-terrorism and other rules. Involancer is not obliged to provide an explanation for any refusal or termination.
6) The service will be provided by Freelancer. We recommend that you conduct a background investigation on the Freelancer and verify that the Freelancer has all necessary professional skills and resources assumed in providing the Service. You must verify and ensure that Freelancer has all applicable authorizations, licenses, approvals and permits from any state, local or other authority for the legality of its activities required under any jurisdiction to provide the Service to you. You acknowledge, agree and understand that You are responsible for evaluating whether to enter into a Service Agreement and verifying any information/documentation about the Freelancer. Involancer does not give you any advice or warranty with respect to Freelancer and the information and/or documents Freelancer provides in connection with the Service.
7) Prior to the provision of the Service, you may require the Freelancer to take out personal insurance covering damages and consequences that may arise in connection with the provision of the Service and the fulfillment of obligations and rights related to the Service Agreement.
8) In cases where, during the provision of the Service, you are obliged to share confidential information, client information or personal data with Freelancer, you must sign a confidentiality agreement with Freelancer. Involancer is not a party to these agreements. For the avoidance of doubt, Freelancer is personally liable in case of any service defect, incomplete service or failure to perform the service. Being aware of this, you agree that Involancer has no liability whatsoever.
9) Involancer is only to provide representation and administrative support to Freelancer so that Freelancer can focus on the provision of the Service. Involancer does not in any way supervise, direct, control or evaluate Freelancer on the provision of the Service.
10) You are obliged to ensure that the provision of the Service does not create an employment relationship between you and the Freelancer.
11) You shall inform Involancer of any significant problems arising during the provision of the Service no later than 24 hours after the problem arises.
12) You are obliged to review the Service immediately upon receipt. If you do not have any complaints (hereinafter referred to as Objections), the Service shall be deemed accepted by you from the day the Service is delivered to you. The Service is also deemed accepted by you if you do not accept the Service without any legal grounds.
13) Objections must be made to Involancer and Freelancer no later than 24 hours from the delivery of the Service. If you raise reasonable objections by the deadline, Freelancer must make the relevant improvements to remedy the deficiencies within a reasonable time. Freelancer is hereby personally liable for the resulting defect. You agree that this responsibility is solely Freelancer's responsibility.
14) The Freelancer will forward your contract to you as a service fee. The fee you pay through Involancer is the fee for the service provided by Freelancer. Involancer collects the fee for the representation and administrative services it provides to Freelancer from the fee paid as specified on the fee page. You will be charged for any additional third party claims against Involancer related to the Service provided and performed after the provision of the Service, payment of the Service Fee and/or termination of the Service Agreement.
15) The Service Fee shall be payable based on one or more Invoices issued by Involancer. You shall pay the Service Fee to Involancer's bank account within the period specified in the Invoice.
In the event that any Invoice is overdue, you will pay late payment interest at the rate of 0.1% of the outstanding amount of such Invoice for each day overdue, unless you are a consumer, in which case late payment interest at the rate of 0.05% of the outstanding amount of such Invoice for each day overdue will apply. You are also obliged to cover all additional costs (including legal aid costs) incurred by Involancer or third parties in connection with the collection of overdue amounts. In addition, Involancer has the right to suspend the provision of the Service for the period during which you are in arrears of any payment under the Service Agreement, pending receipt of payment.
In the event of termination of the Service Agreement or suspension of the performance of the Service Agreement, You shall pay fees for the services performed up to that point.
16) The intellectual property created as a result of or during the provision of the Service (hereinafter referred to as Intellectual Property) may be agreed between Freelancer and you.
Unless expressly agreed otherwise, all Intellectual Property shall remain with Freelancer. The Intellectual Property created as part of the Service is made available only to you.
If otherwise agreed by the parties, the Intellectual Property will be transferred and assigned to the extent permitted by law.
You are solely responsible for the intellectual property. It is recommended that you enter into an agreement with the Freelancer regarding this matter.
17) Involancer may assign its rights and obligations under the Service Agreement to third parties.During the term of the Service Agreement, you and Freelancer jointly and severally undertake to act primarily in each other's economic interests in the performance of the Service Agreement, and you undertake to
a) to inform the other Party of all material circumstances relating to the contractual relationship in which the other Party has a legitimate interest;
b) notify the other Party of any modification of the contact data of the individual during the validity period of the Service Agreement.
You are obliged to:
Inform Involancer in case the Freelancer fails to fulfill his/her obligations or if his/her activities trigger any claim;
notify Involancer of the country where the Freelancer provides the Service;
not assign, transfer or otherwise dispose of the rights and obligations arising from the Service Agreement to a third party without Involancer's prior written consent;
inform Involancer if you and Freelancer are related parties.
keep documents and information related to the Service during the validity period of the Service Agreement and within 10 years from the termination of the Service Agreement;
You are obliged to ensure that your cooperation with Freelancer is never considered as an employment relationship.
18) You represent and warrant that:
18.1 the Party has the legal right and capacity to enter into and perform the Service Agreement.
18.2 no voluntary or compulsory liquidation proceedings or insolvency or bankruptcy proceedings have been commenced, threatened or notified against the Party.
18.3 You have active legal capacity and are acting on your own behalf and account; 18.4 You have reviewed the Service Agreement and understand its contents;
18.5 you are satisfied that the Freelancer can provide the Service according to your request and needs
18.6 that you are aware of all aspects related to the provision of the Service through Involancer as a contractual partner, including the applicable obligations, responsibilities and risks.
19) The Service Contract shall be concluded for an unspecified period, unless otherwise provided in the Project. The Service Agreement may be terminated by either Party at any time by giving at least 20 days prior written notice to the other Party.
The Service Agreement shall be deemed automatically terminated when the contractual partnership between Freelancer and Involancer is terminated or liquidated.
Either Party may terminate the Service Agreement extraordinarily if the other Party materially breaches the Service Agreement and fails to remedy the breach within 10 days after notice of such breach by the other Party.
In addition, Involancer shall have the right to terminate the Service Agreement extraordinarily at any time if: 1) in the event of a material deterioration or threatened deterioration in your financial condition that may affect your ability to fulfill the Service Agreement, 2) in the event of the initiation, threat or warning of liquidation, insolvency or bankruptcy proceedings, 3) due to requirements and restrictions of third party service providers (banks, other financial institutions, debit card service providers) and/or applicable laws, 4) due to other circumstances prohibiting or restricting Involancer's activity; or 5) In other cases expressly set forth in the Service Agreement.
Involancer shall have no liability in such cases. Involancer is not obliged to retain any information or documents related to the Service Agreement after the termination of the Service Agreement.
All provisions of the Service Agreement that should survive termination of the Service Agreement in accordance with its contents will continue to apply to you until all legal and/or financial issues between the Parties are resolved or reasonably possible.
20) Depending on the content of the Service, you as a consumer may have a 14-day right of withdrawal from the Service Contract. The withdrawal period shall start from the date of entry into the Service Contract. In order to withdraw from the Service Contract, you must submit a written withdrawal application. The application can be sent to Freelancer's and Involancer's e-mail.
The right of withdrawal does not apply to the Service Agreement, the purpose of which is as follows:
Freelancer has fully fulfilled its contractual obligations and the provision of the Service or other performance has commenced with your prior express consent and acceptance that you will lose your right of withdrawal upon Freelancer's performance of the contract.
It is expressly provided for in Article 47 (3) of the Estonian Code of Obligations.
The 14-day right of withdrawal applies, but if you want Freelancer to start the provision of the Services within the withdrawal period, you must expressly state that you do not want to wait until the end of the withdrawal period. If Freelancer has started the provision of the Service before the expiry of the withdrawal period at your express request and you decide to exercise your right of withdrawal anyway, you undertake to reimburse all costs incurred for the provision of the Service.
For the avoidance of doubt, the right of withdrawal and the obligations shall only apply to you if you are considered a consumer.
21) The Service Contract is governed by the laws of the Republic of Estonia.
During the validity period of the Service Agreement and after the termination of the Service Agreement, you are obliged to provide any documents and/or information that may be necessary for Involancer to resolve any dispute arising out of or relating to the Service Agreement.
Any dispute, controversy or claim arising out of or relating to the Service Agreement or its breach, termination or validity shall be resolved by the Harju County Court of the Republic of Estonia as the court of first instance.
22) The Service Agreement is the entire agreement between the Parties and supersedes all prior negotiations and agreements relating to the subject matter hereof. Except as otherwise provided in the General Terms and Conditions, no amendment or modification shall be valid unless in writing and signed by all Parties.
Involancer has the right to change the General Terms from time to time. If the revised General Terms are not acceptable to you, you must notify Involancer immediately and initiate the process of termination of the Service Agreement. in this case you will not be allowed to terminate the Service Agreement.
If one or more of the above provisions are or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that achieves the purpose and commercial objective of the invalid provision to the extent possible.
16.4. In the event of a conflict between the content of the General Terms and the Service, the content of the Service/Invoice shall prevail, provided that the General Terms expressly entitle the Parties to agree otherwise (e.g. agreements on the ownership or use of intellectual property rights created during the Service Contract) or the terms set out in the Project regulate an area not regulated by the General Terms (e.g. the Parties agree that the Service is covered by warranty). If the above conditions are not met, the General Terms shall prevail over the content of the Service/Invoice.
www.involancer.com is the official website of Edulegal OÜ, duly incorporated and existing under the laws of the Republic of Estonia at Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe, 74626 Estonia (“Involancer”)
Conclusion of the Agreement
The Agreement is considered as concluded between the Parties once the Client accepts the Agreement according to complete the Sign Up form on https://involancer.com . If the Client is a legal entity, the payment upon the Agreement from the bank account of the legal entity shall be deemed as a confirmation that the person who accepted the Agreement via the involancer.com has been authorized by the Client for these actions.
Any use of the Website and/or Personal Account means a full and unconditional acceptance of the terms and Client’s obligations under the Agreement.
If a Member is a Freelancer, such Member agrees to enter into a separate freelancer agreement with Involancer. If a Member is a Client, such Member agrees to enter into a separate client agreement with Involancer.
Rights and Obligations
Involancer may accept or reject the membership application without the need for explanation following its evaluation. Involancer shall not be under any liability due to the Member's misrepresentation. Involancer may terminate the membership of the member without any justification. The Members accept and undertake that Involancer shall be authorised to disclose the confidential, private and commercial data of the Members to the official authorities upon a request to be duly made by them in cases where Involancer is obliged to disclose to the official authorities in accordance with the mandatory legislation in force. therefore, the Members shall in no case be entitled to claim any claim or compensation under any name against Involancer.
Involancer provides services based on the information provided by the Member.
Transactions shall be recorded in the accounting records based on the documents provided by the Member. Involancer has no obligation to verify the correctness of documents provided by the Member. Involancer has grounds to believe that they may be a violation of tax law in case of which liability will arise for members. Involancer is not obliged to justify the refusal of providing the services. Member undertakes to inform or deliver all useful, relevant, and truthful information for the correct provision of services by the Involancer.
It is the Member's responsibility to ensure that its companies and activities are in strict compliance with legality and applicable legislation in Estonia , in Europe and in country of operation. The Member is ultimately responsible for any claims, sanctions, fines or other legal actions to Involancer. (caused by Member) The Involancer shall in no way be held liable for any consequences resulting from the actions or inactions of the Member or its companies. The Client undertakes to assume this responsibility.
The Member agrees to pay the fee for the services provided by the Involancer under this Agreement as set out in the Involancer's pricing page.
In case of any change in the information provided by the member, it is responsible for notifying Involancer without delay.
Involancer shall have the right to suspend, disable, block, terminate or delete the Member's access and account without any notice and without refund or compensation if the following or similar behaviours are attempted or performed;
Attempting to gain access to another user's account,
Imitating other real people, Post any illegal or copyrighted material of any kind to the involancer.com without Involancer's written permission, Failure to comply with local laws, Use known vulnerabilities, bugs or features to harm others or disrupt online services in any way,Doing something the Involancer is morally or ethically opposed to
Involancer.com, including but not limited to; 1) Product trading ,
2) activities that require physical presence 3) regular salary payments,
4) Provide fictitious services,
5) any unlawful purpose or any purpose that may constitute an offence, 6) to provide services that can only be provided under a valid licence,
7) To use for dividend distribution of the company
8) Drop shipping
It is prohibited to reverse engineer or make any attempt to find or obtain the source code of the involancer.com or to breach the security of any computer network or crack security encryption codes.
Liability and Compensation for Damages
Documents, Content, software made available in connection with or through the Involancer is provided on an 'as is' and 'as available' basis without warranty of any kind, either express or implied. We disclaim all warranties of any kind to the extent possible under applicable law.
We do not warrant or represent that involancer.com and the software provided through Involancer is compatible with any hardware or software you may use, is accessible at all times or at any particular time, operates without interruption at any time, is secure or error-free, meets your needs
and wants, or is free from viruses, bugs, hacking, and other interferences that reduce security. We are not responsible for any failure or interruption in the Service, but will use our best efforts to ensure that any failure or interruption is promptly addressed and the operation of the Service is restored as soon as possible. We will remedy within five (5) business day such urgent malfunctions in the operation of the Service that render the use of the Service impossible, or if this is technically impossible, We will inform You when the Service will be functional again. Other malfunctions that do not render the Service unavailable (for example, some functions of the Services not working properly) will be remedied by Us within a reasonable time depending on the nature of the problem. Any failure and interruption in the use of the Involancer may be caused, inter alia, by Involancer repairing or improving the functionalities of the Platform.
We are not responsible for the accuracy of the data entered into the Involancer or its compliance with the requirements arising from the law.
You agree to indemnify us against any costs, damages, claims and expenses (including legal costs) arising directly or indirectly from any breach by You of these Terms or applicable legislation.
We reserve the right to further improve the involancer.com Any changes and additions will be made in Our best judgment during the development of the software for the following purposes: (a) improve or modify the existing functionality of the software, (b) improve or strengthen the security of the software, (c) make the software compliant with applicable law.
A Party is not liable for failure to perform the Party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or another natural disaster), war, invasion, the act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.
Validity and Termination of the Agreement
We reserve the right to modify or supplement these Terms at any time. If You do not agree to the new terms, You may delete your account .The legal relations between us and you arising out of the use of the Involancer shall be governed by the laws of the Republic of Estonia.
The parties will try to resolve any dispute arising out of the Involancer through negotiation. If agreement cannot be reached, the dispute will be resolved by the Harju County Court.
Edulegal OÜ . (hereinafter "Involancer") recognises the importance of protecting your personal data. For that reason, we have developed a set of safety measures that aim to protect the personal data of all our partners, employees, and clients, as well as all users of our website ttps://involancer.com
PROCESSING PURPOSES AND LEGAL BASE
Personal data processed on the website https://involancer.com includes:
Data collected in the htts://involancer.com : e.g., name, email ,your credentials, e-mail address, telephone number,home address, bank account information, internet protocol (IP) address, if you are a legal entity, commercial title, tax office and number and the information you give us or allowed us to access preferably. Involancer processes this data in order to respond to requests from potential clients or institutional partners. Providing the information requested in the scope of the above-mentioned contact forms is mandatory, without them it is not possible to serve the requested purposes.
Data obtained through website browsing: e.g., visited web pages, interest in content, access times, device type. Involancer processes a limited quantity of user data for web optimization purposes. This data is processed in order to improve user experience and manage the provided services. For this purpose, we use third-party analytics providers, including Google Analytics. You may opt-out of Google Analytics by clicking here:https://tools.google.com/dlpage/gaoptout.
Involancer may also use remarketing and behavioural targeting services in the interest of the analysis, optimization, and economic operation of our online offer, namely
Google Ads Remarketing and Facebook Remarketing. If you wish to opt-out of interest- based advertising through Google Marketing Services, you may use Google's settings and opt-out options: http://www.google.com/ads/preference. For more information and the ability
to control your Facebook preferences, please visit https://www.facebook.com/ads/preferences.
Involancer keeps and processes personal data only for the time necessary for the purpose for which it was collected, with possible contacts during this period by email, telephone,SMS or ect.
We only share personal data with other organisations when we have a lawful basis to do so. When we share data with other organisations, we put contractual arrangements and security mechanisms in place to protect personal data and to comply with our data protection, confidentiality and security standards.
Data sharing within the service provider accountants and accountant companies
Personal data held by us may be transferred to, or disclosed to, service provider accountants and accountant companies. We may share personal data with other service provider accountants and accountant companies where necessary for administrative purposes and to provide professional services to our customers.
The service provider accountants and accountant companies are bound by a Data Sharing Agreement which commits them to share personal data in a secure and lawful manner that respects the rights and freedoms of data subjects.
HOW WE OBTAIN PERSONAL DATA
Personal data is any information relating to an identified or identifiable living person. We only collect such personal data that is necessary for us to perform our services and we ask customers only to share such personal data as required for that purpose. Where we identify that a customer has provided us with unnecessary personal data, we either return that information to its source or destroy it, considering the customer’s preference wherever possible.
Personal data that you provide to us by:
Filling in forms on our websites https://involancer.com ;
Corresponding with us by telephone;
Corresponding with us by email;
Corresponding with us by letter;
Communicating with us by our secure portal “https://involancer.com /username ”; Using the Live Chat facility;
Personal messaging services such as WhatsApp, Facebook Messenger and SMS ;
Personal data that we collect from publicly available sources
From credit reference agencies and other company information providers; From national business administration authorities, such as teatmik.ee From social media such as LinkedIn; From our own research activities such as reviewing websites.
Personal data that we receive from referrals
We may receive personal data submitted as a referral from one of our own employees. We will seek consent before processing such personal data any further.
We use specialist organisations to provide certain services, such as data hosting. These organisations (defined as processors in data protection legislation) are bound by a written contract which defines their tasks and responsibilities. .
In order to withdraw your consent, you may contact us through the email address:
Involancer may share your personal data with other accountant companies in order to provide complementary services.
Accountant companies will only receive the personal data required for procured services and/or for marketing purposes within the instructions provided by Involancer , strictly complying with all legal standards regarding personal data protection, information security and other applicable guidelines.
For more information about these recipients, you may contact us through the email address:
While Involancer keeps or processes personal data all users may, at any time and free of charge, exercise the following rights:
Access right – the right to ask for a copy of the information we have on you;
Rectification right – the right to correct all data that you consider inaccurate or incomplete;
Right to be forgotten – you may request that the data we have on you be deleted from all our records;
Right to restriction of processing – when certain conditions apply, you have the right to restrict the processing of your personal data;
Portability right – the right to have your data transferred to another organization; Right to object – the right to object to certain types of processing;
Right to object to automated processing, including profiling;
Right to judicial remedy – in case Involancer refuses your request according to the access right, we will explain the reason.
The above-mentioned rights may be exercised through the email address:
Users that want to file a complaint regarding the way their personal data is being processed by Involancer,or the way their complaint has been handled, have the right to complain directly to Involancer: [email protected]
PERSONAL DATA PROTECTION MEASURES
Involancer applies several technical and organizational measures adequate to protect the user's personal data, including the use of safe servers, firewalls, and data encryption.
CONTACTS AND QUESTIONS
Our website https://involancer.com uses session cookies, which are small information files sent from the website server to the user’s browser and stored on their computer. These temporary cookies remain in the cookie archive only during the use of the website. Those cookies will be used only by Involancer to analyse web traffic patterns, allowing us to identify problems and provide a better user experience.