Collaborators - Terms of use

Version 1.00

By using EKITER's services as a Collaborator, you expressly acknowledge that you have read, understood, accepted and taken steps to consider the consequences of this agreement, that you agree to comply with it and that you have the legal capacity to accept it. 

INTRODUCTION 

At EKITER, collaborators are understood to be those individuals, of legal age, who can participate in an entrepreneurial project by contributing their knowledge and skills externally to the project and receiving rewards or money for their contributions. 

In order to become a Collaborator in EKITER, it is necessary to register for free in the Platform, fill in and validate the data requested in the corresponding form and create a profile where the skills to participate in entrepreneurial projects are described. 

When a user registers as a Collaborator in EKITER, he accepts the General Terms and Conditions of the Platform and these Terms and Conditions for Collaborators. EKITER may modify and update both the General Terms and Conditions of the Platform and these Terms of Use for Collaborators without prior notice and will not be liable if errors occur as a result. 

This website is a place where entrepreneurs and partners offer and agree on services to participate online in the development of early-stage entrepreneurial projects. An Entrepreneur and a Collaborator can make a contractual agreement by communicating through the forums that the Platform makes available. However, EKITER Platform is not part of any contractual agreement between the Entrepreneur and the Collaborator but simply a facilitator of communications between the parties. 

EKITER offers services to Entrepreneurs and Collaborators, including the hosting and maintenance of the website, and allows the conclusion of agreements between an Entrepreneur and a Collaborator who use EKITER's website to get in touch and commit. EKITER does not provide collaboration services itself. The provision of these services depends on the Collaborators. 

EKITER, through the Platform, offers information and a method to obtain these mentoring services, but does not provide or intend to provide such services and therefore has no responsibility for them. EKITER is not affiliated, supported or sponsored by any supplier or external collaborator. 

ELIGIBILITY
No user may use EKITER's services as a Collaborator if: 

  1. It cannot be part of legally binding contracts; 
  2. He is under 18 years of age; 
  3. You are a person who is legally incapable of providing services under the laws of Spain or any other applicable jurisdiction; 
  4. You are suspended as a Collaborator to operate on EKITER's website; or 
  5. It does not provide verifiable and valid personal data, such as address, email address, etc. 

The Collaborator as a user of the Platform is responsible for the veracity of the data entered in the Platform's registration process. 

OPERATION 

An Entrepreneurial Team can search on the Platform and free of charge for the collaborators it needs or make an offer of a Collaborator profile on the Platform, specifying the conditions of the same, both the requirements of the Collaborator and the description of the task to be carried out and the offer in euros or in tokens. This offer will be open on the Platform for a period of 20 days. 

Candidates may submit their applications by contacting the Entrepreneurial Team directly or through the Platform to negotiate the conditions. 

The Entrepreneur will pay directly to the Partner for the hours performed as agreed by both parties. 

In the event of a conflict, EKITER can act as a mediator if both parties request it and accept EKITER's budget to do so. 

AGREEMENT BETWEEN ENTREPRENEUR AND COLLABORATOR 

When the Entrepreneur awards a project to a Collaborator and the latter accepts it through the Platform, it will be considered that the Entrepreneur and the Collaborator have concluded a contract that we call Contract between Users, by virtue of which the Entrepreneur accepts to contract his services and the Collaborator accepts to carry out the collaboration services. The Entrepreneur and the Contributor may enter into an additional contract between them apart from the binding agreement that means accepting these Terms of Use for Contributors, but in no case may such contract be in contradiction with these Terms of Use. 

If the Partner fails to comply with any obligation to the Entrepreneur or causes damage to the Entrepreneur, its property or its rights, the Entrepreneur (or the Entrepreneurial Team) is the only one who may bring an action against the Partner. To avoid any doubt, EKITER does not have any responsibility for damages caused by an Employer. 

Depending on their jurisdiction, users may have rights under legal guarantees that cannot be legally excluded. Nothing in these Terms is intended to override any rights that cannot be excluded under applicable law. 

The Partner accepts that the relationship with the Entrepreneur is that of an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between users of the Platform. None of the provisions of these Terms shall be interpreted as constituting a joint venture, association or employer-employee relationship between EKITER and any of its users. 

By using EKITER's Platform, the Collaborator agrees to release EKITER from any responsibility or damage that may arise from the services provided as a Collaborator to an Entrepreneur. EKITER is not responsible for the conduct, whether online or offline, of any user, and will not be liable for any claim, injury or damage arising in connection with the Collaboration services. 

DELIVERY OF INFORMATION TO THE PARTNER 

The Entrepreneur grants the Partner a limited, non-exclusive and revocable right (at any time in the sole discretion of the Entrepreneur) to use the deliveries of information to the Partner as necessary for the provision of the services. The Entrepreneur reserves all intellectual property rights in respect of the information delivered to the Contributor and that generated by the Contributor for the project. 

Once the collaboration or the termination of the service agreement has taken place, or upon written request by the Entrepreneur, the Partner must immediately return to the Entrepreneur all the information related to the development entrusted to the Partner. Likewise, the Partner commits itself to eliminate all the copies of the information given by the Entrepreneur. The Partner undertakes to deliver a signed document of the return and deletion of all the information related to the services performed within ten days after receiving the written request for certification from the Entrepreneur. 

EKITER'S PLATFORM FEES 

Registration on the Platform is free for Collaborators. During the beta period of the Platform, EKITER's services are also free for Collaborators.

REWARDS FOR COLLABORATION 

The tasks carried out by the Partner can be paid by the Entrepreneur in cash, although they can also be satisfied in the form of tokens that will mean a participation in the project or also in a mixed formula. These rewards will be carried out according to the agreements established between the Entrepreneur and the Partner. 

In the event that the Collaborator receives as a reward a participation in the project, it will become a Participant in the project. In this case, the Partner must read and accept the Terms and Conditions for Sponsors and sign the Participant Agreement. These tokens may be offered for sale through the channels specified by EKITER's Platform. 

EKITER in no case will be responsible for the lack of payment or delay in payment by the Entrepreneur to the Collaborator. 

CONDITIONS AS A PARTNER REGARDING THE PLATFORM As a Collaborator, you acknowledge and agree that: 

  1. We act only as a forum for the distribution and online publication of the Entrepreneur's content and do not guarantee that the Entrepreneur's content will be available on the Platform in due time. We have the right (but not the obligation) to take any action we deem appropriate with respect to the Entrepreneur's content. 
  2. We have no responsibility or liability for the accidental removal or failure to store any content that is actually available on the website; and 
  3. All content submitted to the website is subject to our approval. We may reject, approve or modify the entrepreneur's content at our sole discretion. 

You as a Partner declare and guarantee that: 

  1. It shall not infringe or misappropriate any copyright, patent, trademark, trade secret or other intellectual property right or property right or right of publicity or privacy of any person; 
  2. It will not violate any law or regulation; 
  3. It will not be defamatory or slanderous; 
  4. It will not be obscene or publish child pornography; 
  5. It shall not contain the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons; 
  6. It will not contain material related to terrorist activities; 
  7. It shall not include incomplete, false or inaccurate information about the Entrepreneur or any other person; and 
  8. You will not introduce viruses or other programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. 

INFORMATION DISPLAYED ON THE PLATFORM 

The information on the website may contain general information on legal, financial, health and other issues. This information should not be accepted as a substitute for professional advice. If you have specific questions about any matter, you should consult your professional advisor. 

We provide unsupervised access to third-party content, including user comments and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no responsibility for third party content on your website, whether it infringes copyright or other intellectual property laws, defamation, privacy, obscenity or the violation of any other legal aspect. 

COMMUNICATION OF THE PARTNER WITH THE ENTREPRENEUR 

The communication between Collaborator and Entrepreneur can be done directly and freely or through the communication channels and forums provided by the Platform. 

PRIVACY 

The use of your personal information is carried out as described in EKITER's Privacy Policy. If you do not agree to your information being transferred or used in this way, you should not use our services. For the avoidance of doubt, your name and personal details will be used for identity purposes in the normal course of operation of the Platform. 

LIABILITY EXCLUSIONS 

The products and services offered through EKITER's Platform, are given in the state in which they are found. The use of EKITER's services by the Collaborator is at their own risk. EKITER's services are offered without guarantees of any kind, whether express or implied, including, but not limited to, no guarantee that the content is exact or correct, that the services will be available at all times and without interruption or safely. Defects or errors will be corrected as soon as possible and although every effort will be made to avoid them, they cannot be totally guaranteed to be free of viruses or other harmful components. The Collaborator accepts that EKITER will not be responsible for its actions or omissions nor for the actions or omissions of any other Entrepreneur or Collaborator. 

COMPLETENESS OF TERMS 

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. The failure of EKITER to exercise any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. 

NO WAIVER 

The omission of action for the violation by the Collaborator of some of the points set out in this document does not imply a waiver by EKITER to exercise the right to act with respect to subsequent or similar violations. Nothing in this section shall exclude or restrict the liability of the Collaborator arising from fraud or fraudulent misrepresentation. 

COMMUNICATIONS 

As a Collaborator, you agree to receive notices and information regarding the Platform and the Services by means of electronic communication. You can withdraw this consent at any time, but then EKITER could not contact the user. In this case, undesirable situations could occur and to avoid them EKITER could choose to suspend or close your account. 

ADDITIONAL TERMS 

It is important to read and understand all our policies, as they provide the rules for operating on EKITER's website. In addition, specific rules may apply, and it is your responsibility to consult our documents published on the Platform to ensure that you comply with our policies, including those referring to the general operation of the Platform which includes, among others:

  1. Privacy Policy 
  2. EKITER Operating Conditions 
  3. Terms of use 

Each of these policies can be updated and changes take effect when they are published on the web. 

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