Mysupplace.com Terms and Conditions
The terms and conditions (hereinafter referred to as the “Terms and Conditions”) are entered into between:
SMARTFIX30, a Luxembourg limited liability company (société anonyme) registered with the Luxembourg Trade and Companies Register (hereinafter the “LTCR”) under the number B 202823 and whose registered office is located at 3, rue de la Reine, L-2418 Grand Duchy of Luxembourg (hereinafter the “Company”)
The User of the Site www.mysupplace.com.
The Company runs a website accessible at the address www.mysupplace.com which provides an online platform for connecting Providers (as defined in clause 1) and Customers (as defined in clause 1).
These Terms and Conditions govern the terms and conditions for the use and sale of the Site, and define the rights and obligations of Users who are connected through the Site.
Access to or use of the Site implies full acceptance and compliance with all of these Terms and Conditions.
Customer(s): a company or any natural or legal person using the Site and/or the Services for the purpose of finding a Provider (the entities belonging to Solutions 30 group).
Terms and Conditions: refers to these terms and conditions as mentioned above.
Content: shall mean any words, messages or information of any kind (text, images, videos, photographs, comments, trademarks, company names, etc.), posted by a User on the Site.
Copyrighted Content: as defined in clause 9 of these Terms and Conditions.
Work Order: shall mean the agreement between a Provider and a Customer for the performance of a Job Assignment.
Company: shall mean the limited liability company SMARTFIX30, registered with the LTCR under number B 202823 and whose registered office is located at 3, rue de la Reine, L-2418 Grand Duchy of Luxembourg, responsible for the Site.
Invoicing Mandate: shall mean the invoicing agreement entered into between the Provider and the Company, in compliance with the applicable general rules, for the purpose of drawing up and issuing invoices from the Provider relating to Job Assignments carried out by the latter for the benefit of a Customer through the Site.
Job Assignment(s): shall mean the specific task(s) assigned by a Customer to a Provider.
Provider(s): shall mean any company or natural or legal person having a registration number with a national registry or is self-employed under the applicable legal conditions and who offers its services to Customers through the Site.
LTCR: shall mean the Luxembourg Trade and Companies Register, as mentioned above.
GDPR: shall mean EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Services: shall mean all services provided by the Company on the Site as listed in clauses 7.1 and 7.2 of these Terms and Conditions.
Site: shall mean the website whose address is www.mysupplace.com.
User(s): shall mean the Providers and the Customers.
2. Changes to and duration of the Terms and Conditions
These Terms and Conditions are agreed to for an indefinite period and become effective when Users use the Services.
The Company reserves the right to modify the clauses of these Terms and Conditions at any time and without justification.
3. Company commitments
The Company provides Users with the tools and technical means to enter into a relationship for the purpose of agreeing upon a Work Order through the Site. Therefore, its responsibility is limited to the provision of technical means and tools, as described in these Terms and Conditions, for the purpose of putting Providers and Customers into contact with each other. However, the Company reserves the right not to pass on messages to Users when they do not comply with these Terms and Conditions.
The Company and the Users are fully independent parties, each acting in its own name and on its own behalf.
It is expressly agreed by Users that the Company is strictly limited to providing access to the Site to ensure direct contact between Customers and Providers. Therefore, by selecting a Job Assignment through the Site, the Customer expressly acknowledges being informed of the fact that it is entering into a direct contractual relationship with the Provider(s) in question. It is expressly acknowledged that the Company acts solely and strictly as an intermediary between the Customer(s) and the Provider(s) and its role is therefore exclusively limited to posting Job Assignments proposed by Users on the Site.
The Company shall not under any circumstances be considered an employee/employer, agent, or any other general role of a User.
The Company shall use all technical means to ensure access to and the proper functioning of the Site and Services 24 hours a day, 7 days a week.
The Company makes every effort to ensure the Content and the validity of the information and documents transmitted by Users on the Site, without however being liable in any way for the accuracy or veracity of the information provided.
4. User commitments
4.1. Compliance with laws and regulations and the Terms and Conditions
Users agree to access and use the Site and Services in compliance with current laws and regulations and with these Terms and Conditions.
In this respect, Users acknowledge that the Company may review any Content published or exchanged on the Site in order to verify its compliance with current laws and regulations as well as these Terms and Conditions.
Similarly, Users acknowledge that the Company may intervene to moderate the Content published on the Site if it does not comply with current laws and regulations or these Terms and Conditions.
Furthermore, Users acknowledge that the technical means and tools provided by the Company do not exempt the former from their legal obligations. In particular, Users agree to make all declarations and carry out all formalities necessary for their business, as well as to meet all their legal, social, administrative, and fiscal obligations and any other obligations of any kind that may be incumbent on them, where applicable, in application of Luxembourg law or the foreign legislation to which they are subject, in connection with their business and the use of the Services.
If requested, Users agree to provide the Company, without delay, with proof that they are meeting the commitments set out in this clause.
Users are solely responsible for the proper completion of the aforementioned formalities. The Company cannot be held liable for these matters.
4.2. User behavior on the Site
By accessing the Site or the Services, Users declare, warrant, and agree, at all times, to:
- (i) use the Site in a reasonable, fair, and correct way;
- (ii) not circumvent or attempt to circumvent the purposes of the Site and the Services offered on it;
- (iii) post comments that are respectful of other Users and strictly related to the Services offered (no political, religious, hateful, defamatory, or generally inappropriate comments will be accepted);
- (iv) accept that their publications are moderated and can be refused by the Company, without any obligation to justify its decision;
- (v) grant the Company a non-exclusive and free right to represent, reproduce, adapt, modify, disseminate, and distribute its publication, directly or through an authorized third party. The Company agrees to cite the User in the event its publication is used;
- (vi) not to use or exploit the electronic or postal contact details of other Users for the purpose of sending mass email solicitations and to engage in spamming practices;
- (vii) not to extract, in any way, Content from the Site for similar or competing activities, or for recruitment or solicitation purposes;
- (viii) not to share with any third party, either privately or on social networks (in the broadest sense of the term, including any instant messaging system), any exchange, information, or excerpt of conversations from the Site’s messaging system.
In addition to the above, by accessing the Site or the Services, all Customers further declare, warrant, and agree to:
- (i) propose a serious, reasonable, and sufficiently detailed Job Assignment to the Provider whom it contacts through the Site in order to obtain an estimate relating thereto;
- (ii) give the Provider any useful and necessary details so that the description of the Job Assignment is as accurate as possible and cannot mislead the Provider;
- (iii) not use the Services and the Site to promote its business or that of any third party. As such, all Customers agree in particular not to send advertising message to Users of the Site, solicit them, or approach them, directly or indirectly.
In addition to the above, by accessing the Site or the Services, all Providers declare, warrant, and agree to:
- (i) respect strict confidentiality as to the exchanges they may have had with Customers (including potential Customers) and as to the information that may have been transmitted to them or that they may have come to learn by having been put into contact with Customers through the Site (whether the Job Assignment was agreed upon or not);
- (ii) enter into an Invoicing Mandate with the Company and agree to upload to the Site any documents required of them in order to meet their obligations in terms of measures to prevent undeclared work and of transparency to prevent tax fraud, money laundering, and the financing of terrorism (KYC), in order to be able to use the Services of the Site.
5. User and Company liabilities
The Company shall not be liable in the event of failure, breakdown, difficulty, or service interruption, preventing access to the Site, to the Services, or to one of its features.
The Company is not and cannot be held liable for any damages caused to Users, third parties or their devices as a result of their connection to or use of the Site, and Users waive any claim whatsoever against the Company as a result.
The devices used to connect to the Site are under the sole responsibility of Users who must take all appropriate and necessary measures to protect their own devices and data, in particular from viral attacks over the Internet. Users are, in any case, solely responsible for the sites and data they consult.
The Company cannot be held liable for how often Provider profiles are displayed on its Site. Similarly, the Company is not responsible for false, misleading, or out-of-date information communicated to it by Users.
The Customer is solely responsible for the description of the Job Assignment for which an estimate from the Provider has been requested. In the event of an error in the description of the Job Assignment, the Customer shall alone assume any necessary additional services and any additional costs related thereto by formalizing with the Provider an additional Job Assignment through the Site.
Users must comply with any applicable data protection law, in particular with regard to the personal data that Users put on the site.
Users are solely responsible for the execution and performance of Work Orders that they agree to with another User through the Site; the Company only intervenes to make the Site and the Services related thereto available, enabling Users to eventually be put in contact with each other. The execution and performance of Work Orders between a Provider and a Customer are carried out at the behest of and under the exclusive responsibility of the latter.
The Company is never a contracting party to Work Orders entered into between a Provider and a Customer; therefore, the Provider and the Customer are solely responsible for any difficulties, complaints, and disputes that may arise during the execution or performance of said Work Orders. Consequently, Users release the Company from any liability for the direct or indirect consequences resulting directly or indirectly from the introduction, execution, or performance of a Work Order.
Furthermore, the Company cannot be held liable, in any way whatsoever, for breaches of the obligations incumbent on Users, in particular in connection with measures to prevent undeclared work and compliance with transparency rules, as well as any damages that may result.
In addition, the Company cannot be held liable for any legal action taken against Users: (i) as a result of the use of the Site or any service accessible via the Internet; (ii) as a result of non-compliance by Users with these Terms and Conditions.
If the Company becomes the subject of any proceedings (whether amicable or legal) arising out of the use of the Site by Users, the Company may freely and without any justification file a claim against them to obtain compensation for any damages, sums, awards, and costs that may arise from any such proceedings.
6. Access to the Site
Users with access to the Internet may access the Site from anywhere. The costs incurred to access it (Internet connection, computer hardware, etc.) are the exclusive responsibility of Users.
The Site and its various Services may be interrupted or suspended by the Company, in particular during maintenance, without any obligation to provide warning, notification, or justification.
The Services are only accessible by Users who have created an account by registering on the Site. In this regard, Users must be at least 18 years of age and be legally capable of contracting and using the Site in accordance with these Terms and Conditions. Users are obliged to provide accurate information and to update it immediately in the event of any changes.
Similarly, access to an account is protected by a username and password chosen by the User when registering and creating their account on the Site. The User is solely responsible for any use that may be made of their login and password, and is the sole guarantor of their confidentiality, as well as of any use of their account.
In order to be listed as a Provider and thus to be visible to Customers, every Provider is, furthermore, obliged to provide accurate and complete information on their company page and to update it regularly as soon as necessary in accordance with their obligation to keep their information up to date.
As the Site is a local platform, Users are required to indicate as their main location of business, the place where they are registered or their usual place of residence. Users domiciled outside the Grand Duchy of Luxembourg are also required to comply with any obligations arising from legislation in force in their country of origin.
Identifying information provided to the Site is provided voluntarily by Users.
In the event that a User provides false, inaccurate, outdated, or incomplete data, the Company shall be entitled to suspend or close their account as well as refuse to reinstate access in the future to all or part of the Services without prior warning and without any justification. The Company may also restrict or suspend Users’ access to the Site if they fail to comply with their obligations as listed in clause 4 of these Terms and Conditions.
The Site is strictly reserved for Customers and cannot be used by intermediaries or professionals acting on behalf of an end customer. If these access rules are violated, the Company reserves the right to limit access to its Services, including, by restricting the possibility to contact Providers on the platform or to use the features of its profile in order to put an end to the anti-competitive practices.
Beyond disclosing the rules of use of the Site contained in these Terms and Conditions, limiting access to the Site is not subject to any specific prior notification.
7. Description of the services and how the Site works
7.1 Services include but are not limited to:
- connecting Providers and Customers with each other;
- collecting from Providers documents required for due diligence and making them available to Customers;
- setting up additional services for Users.
7.2 Additional Services for Users include, but are not limited to:
- providing an online library to host the Customer’s contractual documentation;
- additional payment options;
- an option in certain situations to obtain factoring services with the Luxembourg company Solutions 30 SE, a European company registered with the LTCR under number B 179097 and headquartered at 3, rue de la Reine, L-2418 Grand Duchy of Luxembourg, or with any other factoring company;
- automatic profile recommendation tools;
- access to reports;
- advanced tools for managing Provider resources (activity monitoring, overall group report, customizable settings, etc.);
- a search system to easily propose Job Assignments to verified Providers;
- a marketplace for selling and reselling equipment.
In the event of a disagreement between a Customer and a Provider on the quality of the service, the scope, the terms and conditions, or the stage of completion of the Job Assignment, the latter shall make every effort to settle their dispute within 45 (forty-five) days and in case of non resolution within that timeframe the Provider agrees to inform the Company by sending an email to firstname.lastname@example.org.
The Customer and the Provider shall settle their dispute(s) without any involvement of the Company, which will remain a third party to this contractual relationship. However, the Company may, if necessary and at its own discretion, intervene to try to propose a solution to the parties. In any case, the Company will always remain a third party and cannot be required to intervene in any way in any possible dispute between a Customer and a Provider.
7.4 Connecting Users
The Customer contacts the Provider through the Site. After having exchanged on the scope and terms of the Job Assignment in question, the Provider uses the tools offered by the site to send the Customer a service proposal which will be accepted or not by the Customer.
Validation of the end of the Job Assignment by the Customer automatically entails payment to the Provider of the amount of the invoice from which are deducted (i) the commission payable to the Company (in accordance with clause 8), (ii) any price reductions applied as per clause 7.3 of these Terms and Conditions in the wake of reservations expressed by the Customer and (iii) the service proposal made by the Provider.
8. Système d’évaluation et de recommandation
At the end of each Job Assignment, Customers and Providers are encouraged to evaluate their relationship. The evaluation left by a Customer (about a Provider) may appear on the page of the Provider in question. Moreover, the evaluation left by a Provider (about a Customer) will only be visible to Providers who are contacted by this same Customer for a Job Assignment
Evaluations left by Customers can be modified only by the Company after the end of a Job Assignment.
Evaluations and recommendations should reflect objective considerations and should not, under any circumstances, contain excessive, insulting, or defamatory remarks. Should this be the case, the Company reserves the right to delete the evaluation or the recommendation.
9. Intellectual property
All technical documents, products, photographs, texts, logos, drawings, graphics, videos, and other content on the Site are the exclusive property of the Company. This content is protected by copyright as stipulated in the Law of April 18, 2001, on copyright, related rights and databases, as amended (the “Copyrighted Content”).
Access to, the provision of, or the use of Copyrighted Content by a User shall not be construed as an assignment or granting of a license to the Copyrighted Content, unless expressly stated by the Company. Consequently, the Company may require the User to immediately return Copyrighted Content and may also prohibit any access to and use of the Copyrighted Content by the User.
By accessing the Site, Users agree not to infringe the copyrights of the Company by duplicating, reposting, or redistributing the Copyrighted Content to a third party, unless the Company gives its prior express consent to use the Copyrighted Content.
The User is nevertheless allowed to print and/or temporarily store copies of the pages and Copyrighted Content of the Site for their personal use, without being authorized to make any modification.
10. Third-party services, products, content, websites, and hyperlinks
The Site may provide links to other websites and access to third-party content, products, and services. You agree that the Site is not responsible for the content provided on third-party websites or its availability. You should refer to policies published by other websites regarding privacy and other matters before using them. You agree that the Site is not responsible for any third-party content accessible through the Site or displayed on the Site, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase products or services from a third party, your relationship is directly with the third party. You agree that the Site cannot be held liable for:
a) the quality of third-party products or services;
b) fulfilling any of the terms of your agreement with the seller, including the delivery of products or services and warranty obligations related to the products or services purchased. You agree that the Site is not liable for any loss or damage of any kind that you may incur in dealing with a third party.
Users are strictly forbidden from creating hypertext links on other websites that refer visitors of said websites to all or part of the Site unless they obtain prior written consent from the Company, by sending an email to the following address: email@example.com
The Company may refuse permission at its discretion and without having to justify its decision. If the Company consents, this consent shall be considered temporary and may be withdrawn at any time by the Company without justification. In any event, if requested by the Company, hypertext links must be removed within 3 business days.
Other websites that you may access through the Site are provided for your convenience and information only. The Company makes no representations whatsoever about such websites and cannot be held liable for the content or use of such websites.
For the Site and the Services to function properly, cookies are stored on the User’s computer when the User connects to the Site. Cookies are small text files that are stored in the browser or device by websites, applications, online media, and advertisements. Users have the option to disable cookies from their browser settings.
12. Customer service
For questions or information concerning the Site and the Services, Users can contact the Company by sending an email to the following address: firstname.lastname@example.org.
14. Nullity – Waiver
In the event that one of the clauses of these Terms and Conditions is declared null and void by a change in legislation, regulations, or by a court decision, this shall not, under any circumstances, affect the validity of and compliance with the other clauses of the Terms and Conditions.
Failure by the Company to exercise its rights under these Terms and Conditions does not constitute a waiver of its rights.
15. Applicable law and jurisdiction
These Terms and Conditions are governed and interpreted in accordance with Luxembourg law.
For any dispute arising out of or in connection with these Terms and Conditions, the users hereby agree to find an out-of-court settlement within 45 (forty-five) days at the initiative of the most diligent party.
At the end of this period of 45 (forty-five) days and in the absence of an out-of-court settlement between the users, the dispute will be subject to the exclusive jurisdiction of the courts of the city of Luxembourg.
Version of 26 July 2021