- "Professional" - Every user, whether a private person or company, who offer their services. e.g. Moving, Repairs, etc. A professional is contracted by a client.
- "Client" - Every user, whether a private person or company, who offer no services. A client contracts a professional.
- "Services" - Any of our products or services.
A professional may also be a client and the other way around.
Who we are
ProFindler Ltd. (fullname ProFindler UG (haftungsbeschränkt)) (or "us" in all its forms) means the owners of the services like stated in our About Us.
- You may not try to harm or misuse our services in any way.
- You may only use the services through the from us provided user interface, either through our Website or our Smartphone-Apps.
- If you violate any of the Terms, we may cancel this agreement with or without notice.
- If we suspect that you are misusing our services, we may limit or block your usage of the services, until the suspicion is clarified.
- It might happen, that the services will not be reachable, will not be functioning or only partially functioning in a limited way. This may be caused for example by technical problems that are out the reach of our hands and we cannot control, as well as the usage of incompatible devices and browsers.
- We are constantly trying to optimize and improve our services. As a result we cannot guarantee that functions that were already provided, will be still available or will not be modified, nor that new functions will not be added or that the user interface will not change.
- You may not copy, reproduce, modify, change, distribute, sell, rent, lease, adapt, reverse engineer or decompile or try to extract the source code of any or part of our services.
- It may be, that in our services, content from third party is used or shown, e.g. maps from Google-Maps. You must agree to and accept the Terms from Google, and any other third party provider terms whose content is used by our services.
- In case of damages of any sort to us resulting from your activities related to our services, or because of false information provided by you, you will be held solely liable to the damages, and will bear all expenses regarding such damages. We reserve ourselves the right to decide when and whether we will press charges in such an event.
- Our services include IP2Location LITE data available from http://www.ip2location.com.
Using our services might require an account. In order to have one you have to first register to our services.
- You guarantee that the information you provide us with, is true and correct, and that you will always make certain it stays so by using the "My Profile" and "My Profissions" menus to update it accordingly when needed.
- You agree to protect you password and email address and that you are the sole user of your account and will be solely responsible to us for your use of the services.
- You agree for us to ask you for proof of identity, such as in the form of ID, especially if are registered as a professional. We may freeze your account until such proof is provided.
- If you suspect an unauthorized access to your password or account, you agree to notify us immediately using our Contact.
- You reserve your copyrights for the content you submit to us.
- You represent and warrant to us that the content you upload to us is true, accurate and correct, especially but not limited to documents and certificates you provide.
- You represent and warrant to us that you have all the rights necessary regarding such content.
- In order to be able to present and use your content, you grant us a worldwide, royalty-free, unlimited, non-transferable, and non-exclusive rights for an unlimited time to use your content. You allow us to save the content, modify, copy, reproduce or make it publicly available.
- We do not warrant for nor validate or verify any content uploaded to us, especially documents or certificates uploaded by professionals and advertisements. The responsibility for their credibility lies solely on you.
- You may use our services only through our website.
- You may not use any content from our services, in any form, except for the private usage through our Website or Smartphone-Apps for searching for a professional or offering your services, unless it belongs a third party. In such a case, the terms of the third party precede ours regarding such content. e.g. Google-Maps, jQuery.
- You may not submit content that violates third party rights or an irrelevant or inappropriate content. e.g.:
- Photos for which you do not have the necessary rights to,
- texts that have nothing to do with the description of the services you offer, or with the service or quality of a job done by a professional,
- insults; We want our users to help each other :-)
- You may not submit any content with phone numbers, Links, Urls or Email-Addresses in any form. e.g.:
- 212 - 555 - 8888
- my email at ProFindler dot com
- The icons when there is no profile picture are taken from http://www.icons-land.com.
- The message and alarm sound are licensed under public domain.
- Shield Icon taken from http://findicons.com/icon/64632/protection?id=392183 licensed under Creative CommonsAttribution (by).
There are many different ways we may inform you about your profile, contracts or jobs. But because you may enable or disable these different channels of communication, the only legally valid channel of communication is through our web application.
- You may communicate with us through emailing our support: firstname.lastname@example.org
- You are solely responsible for checking for messages from us by logging into your account.
- The date of creation of a message that lies in your account counts as the date of delivery, whether you read it or not.
- When you enable other channels, you allow us to send you messages through email, push notifications, SMS etc.
- If you provided us with your email address under your account, it also counts as a legally valid channel of communication.
Contracts / Jobs
Our services connect between clients and professionals.
- We are not responsible, being a part of or bound to, or will be held liable, in any form, juridically or content related, for the contracts between clients and professionals, or their results.
- We are not responsible for any files transferred between clients and professionals. You are solely responsible to validate their contents and scan them with an anti virus program to make sure they do not contain any harmful code.
- You are solely responsible for your finances, especially for tax payments or declaration for the tax authorities, and collecting your payments from clients.
When a professional fulfills or cancels a contract, the client can write a review about it. The description and scoring the different criteria, e.g. quality or punctuality, should describe the truth, and help other clients make better decisions as to whom they should to contract, and if needed help the professional to improve his service and client satisfaction. Please read the allowed contents before writing a review.
We strive to have the best professionals in your area. Reviews help us achieve a high standard.
- If you wrote yourself a review, or if we suspect a review is not authentic or false, we may to our sole discration and without notice, remove it and delete it from our database.
- For clients, the usage of our services is completely free.
- You agree for us to contact you to ask you about the quality of a job as well as its price done by a professional.
- The usage of our services MIGHT be free and lies in our sole disrection.
- We may charge a commission for jobs you do or a monthly rate. For example:
- A certain number of job offers per month might be free;
- We might charge a 5%, 10% or 15% commission from a job\'s payment;
- We might charge 20€, 50€ or any other amount of money as a monthly flat rate for receiving and executing jobs.
- You agree for us to contact the client and ask about the quality as well as the price of a job done by you.
- You agree for us to contact you and demand a proof in the form of an invoice for any specific job you did and is registered in our databank.
- In case you refuse our fees, do not provide proof or lie to us, for example stating a 100€ contract and writing a 200€ invoice, this agreement is terminated and you are to stop using our services immediately. We may then delete or hide your profile as well as your account and charge you for the extra fees.
- In case of pending payments to you, we may deduct your debt to us from fees you owe to us.
- Any debt you have to us survives any termination of this agreement and we may continue to persue it in the courts of law.
Clients and professionals may choose to use our safe payment service. Although the client transfers the payment to us and the professional receives it from us, using this service does not create in any way an employer-employee relationship of any sort between us and the professional nor seller-customer of any sort between us and the client. Its sole purpose is to ensure the money transfers between clients and professionals. Both the client and the professional agree, like already stated above in this agreement, to relieve us from any direct or indirect liability, claims or legal issues they might have or might arise regarding the job.
- A payment is considered valid, only when a transaction for it is present in our bank or payment service provider account.
- In case of a dispute, or false data on our website, the only true source of the amount and currency of a payment is what stands in the transaction for it in our bank or payment service provider account.
- We may refuse to offer the service without the need of explanation in our sole discretion.
- As a client you agree:
- to transfer the amount of money agreed between you and the professional for doing the job to us, prior to the beginning of the job.
- to receive a message from us regarding the execution of the job. If you do not respond to it within 7 days from the time it was sent to you and is registered in our database, the job is considered as done to your satisfaction and the professional will be paid from the money you transferred to us.
- that in case the money is transferred back to you, all external fees regarding the money transfer commissions will be deducted from the total amount. e.g. You transferred 10€ using a credit card and the total fees we pay are 5%. You will receive 9.5€ back.
- As a professional you agree:
- to receive the payment you agreed upon with the client from us. Our fees or external transaction costs will be deducted from this amount. e.g. you and the client agree on a 10€ payment. Our fees are 5%. You will receive 9.5€. In case the external fees are 0.6€ you will receive 9.4€.
- for us to hold your payment until you receive from us a message that the client was satisfied with the job or a dispute is resolved.
- to provide us your bank account and relevant details to transfer you the money, and your address for writing you invoices, and save them in our database for an unlimited time. This section survives any termination of the contract.
- that in case you cancel the job and a payment was already transferred, the client receives the payment back and you are to pay all commissions related to the transfer.
- In case the client cancels the job and a payment was already transferred to our account, the professional receives a message and has 7 days from the time the message was sent to respond and start a dispute regarding a payment he might argue should be paid to him. In case of no response or no complaint from the side of the professional, the payment will be transferred back to the client.
- Please note that transferring the money to either side might take a few working days, depending on your bank and location, but will be initiated no longer than 7 days after we notify about such a transfer.
- Just to make it clear, using this service does not make us a part of the job in any way. e.g. We do not guarantee its completion, quality or price.
- In any case in which we transferred more than what was transferred to us regarding the specific job, you are obliged to transfer the difference back to us on our demand. This section survives any termination of the contract.
- In case of a dispute, both sides may try and reach a compromise using our mediator service.
Clients and professionals may start a dispute regarding payments they owe each other. Using our service does cost a small fee, which will be presented before starting a dispute.
- Please read the explanation of how the mediator service works.
- In the process we give our offer to settle the dispute to both sides. We are not obliged to explain our offer or persue a compromise.
- If both sides do not agree to our offer, or we consider the mediation process as having no chance of success, we will give our decision, declare the dispute as resolved and transfer the money, without the need for an explanation and in our sole discretion, to the side we consider to have more evidance to support their case. Both sides may then continue the dispute on their own, outside of our services. The case is considered closed and the usage of the mediator service is considered done.
- In case one side refuses to cooperate with us, e.g. not giving us photos of the completed work, invoices of used material, does not respond to our requests etc. we will transfer the money to the other side.
- Just to make it clear, using this service does not make us a part of the job in any way.
- The decision wether we offer this service or not lies in our sole discretion. e.g. we may offer it, or not, when contracting an electrician, and not at all when contracting a babysitter.
- The default currency used is the currency in the registered location of the professional.
- In case our services show a different / wrong currency, the client and the professional are responsible for agreeing on the currency.
- When using any of our services that transfer money:
- In case we do not accept the local currency the currency that will be used is Euro (€).
- In any case of conflict, the currency, amount or commissions to refer to and use, are those to find in the relevant transactions in our bank or payment provider accounts.
As a professional we may offer you to use our invoice service and generate an invoice for your clients.
- You agree and commit yourself to carefully review and assure the correctness of any invoice before sending it to the client.
- You are solely responsible for the correctness of the invoice regarding all its aspects as well as its legal validity for your tax authoroties. e.g. the amount, vat, and any other hint or writing that must be included in order for the invoice to be correct, valid and legal.
If you have questions, please use our Contact.
Disclaimer of Warranty
Only the limitations that are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law. The services are provided "AS IS", with no warranty of any kind, expressed or implied, including, without limitation, warranties that the services are error-free, merchantable, fit for a particular purpose, non-infringing, data accurate, correct, reliabile or useful. The entire risk as to the quality and performance of the services is with you. No advice or information obtained by you from the service or content provided will create any warranty of any kind.
Limitation of Liability
Under no circumstances and under no legal theory, contract, or otherwise, shall we be liable to you for any direct, indirect, special, incidental, or consequential damages of any sort, including, without limitation, damages for lost profits, loss of goodwill, data loss, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain types of loss or damages. Accordingly, our liability will be limited to the maximum extent permitted by applicable law in your jurisdiction.
Any litigation relating to us may be brought only in the courts of Berlin, Germany. Any such litigation shall be governed by laws of Germany, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party\'s ability to bring cross-claims or counter-claims.
- The agreement is for an unlimited amount of time.
- You can stop using our services at any time.
- If you have an account by us, you can deactivate it under "My Profile". In case you had professional profiles, they will not appear anymore in the search results.
- In order to protect you, other users and our services, we will keep your data and personal information submitted to us on our servers.
- If you violate any of the Terms, we may terminate this agreement immediately with or without a notice. Especially in case of fraud from your side, inaccurate or false information, investigated complaints from clients about your price and service quality, legal proceedings against you, etc.
- We reserve the right to end the agreement in an orderly fashion with a one month notice to your email address you gave us. If the email address is not correct or reachable, the agreement will be terminated immediately.
- In case we terminated the agreement, you are never allowed to use our services again.
- In case you terminated the agreement, you are allowed to register and activate your account with the same email address originally given by you. In this case, you naturally again accept and agree to the Terms stated above.
Changing the Terms
- We may change the Terms at anytime.
- You should check this page regularly for changes.
- The changes will be published on this page.
- We may inform you of meaningful changes in our point of view through email and / or after a successful login.
- The changes will take place 14 days after their posting.
- Changes because of legal causes are immediately in effect.
- If you do not agree to the changes, you must stop using our services.