These Website Terms and Conditions ("T&C") apply to your access to and use of www.Findie.cl (the "Site"), including all software, data, reports, text, images, sounds, videos and content available through any part of the Site (collectively, the "Content"). Content includes all such items in the aggregate, as well as individual items and portions thereof.
Findie allows you ("User" or "you") to access and use the Site and the Content, subject to these T&Cs. By accessing or using any part of the Site, you acknowledge that you have read, understand and agree to be bound by these T&Cs. If you are using these T&Cs on behalf of a company or other legal entity ("User Entity"), you must have the legal authority to contractually bind such User Entity to these T&Cs, in which case the terms "you" or "User" shall refer to such User Entity. If you lack the legal authority to contractually bind yourself or do not agree to these T&Cs, you must not accept these T&Cs or access or use the Site or the Content.
Findie reserves the right, at its sole discretion, to change or modify portions of these T&Cs at any time. Findie will post changes to these T&Cs on the Site and will indicate at the top of this page the date they were last revised. It is your responsibility to check the T&Cs periodically for changes. Your continued use of the Site and Content after the date such changes become effective means that you have accepted the new or revised Terms and Conditions.
Authorization to access and use the site and content
Subject to your compliance with these T&Cs and the provisions thereof, you may access or use the Site and Content solely for the purpose of evaluating Findie's services. You may only link to the Site or the Content, or any portion thereof, as expressly permitted by Findie.
On-site behavior
Good manners are essential among Findie Users. They must maintain a cordial mode of communication. No insults will be accepted between them, including between Freelancers and Clients. Communication between the parties shall be through Findie. Otherwise, company warranties will apply in case of legal disputes. The privacy of messages, projects and content posted on Findie must be respected.
Contents on the site
It is not allowed to make projects or send messages related to the following content: pornography and content unsuitable for minors, violence, racial intolerance or attacks on an individual, group or organization, hacking, illegal drugs and related items, sale of weapons or ammunition, sale of products that are replicas or imitations of designer or other items, software of a malicious nature (computer viruses, spyware, etc.), and any other content that is illegal, promotes an illegal activity or infringes the legal rights of others.
Ownership and restrictions
All right, title and interest in and to the Site and the Content shall remain and belong exclusively to Findie. Accordingly, Freelancers may NOT, among other activities: (1) sublicense, resell, rent, lease, lease, transfer, assign, or otherwise commercially exploit or make available the Site and any Content to any third party, (2) use the Site and Content in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or its related components, and (3) modify, adapt or hack the Site and Content to, or attempt to, gain unauthorized access to restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any portion of the Site and Content, or any other Findie product or service that is not available to the general public). You may not copy, modify, frame, republish, publicly perform or display, sell, reproduce, distribute or create derivative works of the Site and Content, except to download, display and print one copy of the publicly available materials (i.e., Content that does not require an account name or password to access) on a single computer for personal, non-commercial use only, provided that you do not modify the material in any way and you keep intact all copyright, trademark and other proprietary notices. You may not access the Site or the Content by any means other than through the interface provided by Findie for accessing the Site. You may not use any "page-scrape", "deep - link", "spider" or "robot" or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not generally available through the Findie Site. Findie reserves the right to take any legal action to prevent such activity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission sent to Findie on or through the Site or any service offered on or through the Site. You may not pretend, misrepresent or falsely state that you are or represent someone else or impersonate any other person or entity.
Responsibility for your data
Both Client and Freelancers are solely responsible for all data, information and other content that they upload, post, provide or store ("Posting") in connection with the Site.
Reservation of rights
Findie owns and retains their respective rights in all logos, company names, brands, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or incorporated in or otherwise related to the Site and Content. Findie does not grant you any rights or licenses (implied, by estoppel or otherwise) under these T&Cs.
Non-Disclosure Agreements (NDA)
All applicants or Freelancers who go through the selection process, whether they are accepted or not, are subject to comply with the NDA on: methodology, questions, tasks, interviews, and everything related to this process. Every Freelancer must respect the NDA that has been stipulated with the Client in a given project.
Publication of papers
When submitting a job, Client shall not: (a) violate the Terms of Service of another company or entity; (b) ask Freelancers to perform unpaid work; (c) offer payments in the form of compensation, exchanges, stock; (d) promote other services or products; (e) offer bids for full-time work without consulting Findie; (f) agree to assignments and deliverables without notifying Findie.
Submission of proposals
When submitting a proposal, the Freelancer may not: (a) offer their services for free: (b) use unprofessional language and/or harass another member of the site; (c) offer to receive payment off-site; (d) use the communication tools for any purpose other than work.
Findie Customer Relationship
All previous contact with a potential Freelancer will be carried out by Findie (such as sending the client's brief and the Freelancer's budget), and only at the moment the service is initiated, Findie will deliver the contacts to each party. The Professional must assign all copyrights or intellectual property rights with respect to the work performed for the Client, so that it is hereby established that the work performed, as well as the background provided for the development of each project, belong to the Client.
Findie's responsibility with respect to work
Findie disclaims any responsibility for the service provided by the Freelancer. The platform only acts as an intermediary for the Client to find and contact Freelancer for the development of the requested project(s). In case the Client is not satisfied at the time of full delivery of the service, Findie will act as an arbitrator to understand the problem, who is responsible and how to reach a solution. If the Freelancer does not deliver the project, but the Client liked what he/she saw, the Client has the right to demand that incomplete material, so he/she can do with it what he/she wants. The Client is solely responsible for acquiring the rights to any software licenses, code, information, documentation and intellectual property that it obtains from a third party. Customer assumes all risk with respect to its technology, web site, products and related materials, including all work and materials including in the Work.
Early termination of the agreement
The agreement for the performance of the work shall commence on the date agreed upon and shall remain in effect until the end of the project. If either party is in breach of this agreement, the affected party may immediately terminate this agreement by notifying Findie and its counterpart in writing in the means provided for that purpose. Either party may terminate this agreement at any time, with good cause, by giving 3 business days written notice to its counterparty, either the Client or the Freelancer, and to Findie in either case.
Payment
The Client will pay Findie the total price agreed upon with the Freelancer he/she wishes to hire through the payment method that will be indicated to the Client, and only from the moment of the initial payment the Freelancer will start working on the project. In the case of successive tract work, Findie will determine the method of payment with the Freelancer in order to keep control with respect to the Client. Under no circumstances will the Professional accept free work from the Client. If such behavior is perceived, Findie has the right to close the Client's account and not refund any payments made by the Client. Findie will take payment from the Client for work performed by the Freelancer, as set forth above. Findie will issue slips to Client as often as payments are made depending on the Work it has contracted for. The slips or invoices will be made out in the name of Findie Spa. All payments will be made electronically via credit card, wire transfer, or online payment platform. Findie will apply a 3.49% surcharge to payments made via payment platforms, and payments made via wire transfer will not be subject to a 3.49% surcharge. Late payments made by Customer will result in an interest charge of 1.5% per month. Findie reserves the right to deduct outstanding amounts on the date of completion of the Work if the Customer chooses to pay by credit card.
Non-circumvention
In order to protect the integrity of our platform and to foster transparent working relationships, Clients and Freelancers agree not to enter into direct hire agreements outside of Findie after having met through the platform. This prohibition is effective for 24 months from the completion of the last project managed through Findie. Any attempt to circumvent this rule may result in immediate suspension of the accounts involved and appropriate legal action. If both parties wish to continue their working relationship outside of Findie, they must request prior written authorization from Findie and pay a release fee, which will be determined on a case-by-case basis.
Customer registration on the platform
Once the Client has decided to register on the Findie platform, he/she must complete a form that will indicate the page to register, which will ask for information such as full name, name of the company he/she represents, position, company industry, telephone number, e-mail, which must be confirmed by the same means. Once the account is verified, the Client will be able to create projects and follow up on them. Findie charges a flat-rate for each successful connection/search. The amount to be paid will depend on whether it is a one-time project (Single Project), a rebooking of a professional with whom you have already worked (Rebooking), or if it is a monthly project or service (Regular Basis). In all modalities, the professional search process will be done by Findie. All projects are subject to a 5% service fee for use of the platform.
Conflict resolution
(1) If the type of professional you are looking for is not on the platform: The Client upon entering the web platform, the first thing he/she will have to fill out is a form, where among other things, the type of product he/she needs to perform for the given job is indicated. In this sense, in case Findie does not have the right person for the realization of the product required for the job, the Client will be notified immediately and will not be charged any amount, because the search for Freelancer will not be carried out. (2) If the Freelancer, once hired, does not respond to the Client's messages: In the event of any anomaly during the development of the service, Findie requests Clients to notify the platform as soon as possible by the means of communication delivered. Findie will be responsible for contacting the Freelancer, informing the Client of the procedure to be carried out. (3) If the Freelancer abandons the project due to force majeure (illness or any circumstance out of his/her hands): The Client will pay according to the development status of the corresponding stage of the project. If the Client is in the case described above, he/she may a) resume the project with the Freelancer once he/she is available again, or b) choose a new one, paying for this new search. (4) If the Freelancer abandons the project for reasons attributable to the Client: The latter shall be obliged to pay the Professional for the services actually rendered. (5) If the Freelancer does not comply with the provisions of the Project Agreement: The Client may declare its dissatisfaction and shall not have to pay the full amount of the services rendered by the Professional. Valid reasons for dissatisfaction are: unjustified abandonment of the project, repeated failure to meet deliverables and deadlines, misbehavior. Reasons of personal appreciation are excluded, for example: disagreement with the result despite having approved the different project progresses. The Client may request Findie to intervene directly in the execution of the service by correcting errors, omissions or imperfections in the assignments executed by the Freelancer, for which Findie shall demand payment of the full amount remaining in case of opting for this alternative. (6) If the Client abandons the project: If the Client abandons the project for reasons not attributable to the Freelancer, the Client shall be obliged to pay the Professional for the services that have been effectively rendered so far and shall not be entitled to the material performed during such rendering of services. The abandonment of the project is understood as the cancellation or termination of the service before it has completed its full development, i.e. its deliverables were not completed 100%. For the determination of the status of progress and payment of the service, the Freelancer will have to present and demonstrate with the project schedule presented in the Project Agreement, the percentage of progress for Findie to calculate the proportion and amount to be paid by the Client.
Exemption from liability
Customer agrees to hold harmless Findie and its affiliates, officers, directors, directors, employees, agents, against any loss, damage, liability, deficiency, action, judgment, suit, interest, award, penalty, costs, including attorney related costs, resulting from: (1) bodily injury, death of any person or damage to real or personal property resulting from Client's acts or omissions; (2) breach of any representation, warranty, covenant or obligation under this Agreement; and (3) Client's alleged breach of any direct agreement with Freelancer, or Client's failure to comply with any law, rule or regulation applicable to its business.
Advertising
After working for more than two weeks with a Professional, having successfully completed the Trial Period, Findie may list Customer as a potential referrer (including any company affiliated with or controlled by Customer) on the Website or other marketing channels owned by Findie. Customer may waive this right by notifying Findie in writing at marketing@findie.cl that it does not wish to be referenced on Findie's site.
About Freelancer Membership
Once the Freelancer or Studio has decided to register on the Findie platform, he/she must complete a form that will indicate the page to register, which will ask for information such as full name, phone number, email, which must be confirmed by the same means. Once accepted on the platform, the Freelancer or Studio must choose the Findie Plan that best suits their needs and what each one proposes. The Freelancer or Studio will automatically enter with the Independent plan, so that the change of plan is exclusively a responsibility of each professional. - FINDIE INDEPENDENT. The plan is free for the Freelancer. A permanent commission of 15% will be subtracted for each assigned job. If the Freelancer has a Ticket in his favor, the commission charged by Findie drops to 12% for the corresponding job. - FINDIE MEMBER. The plan is on a pay-as-you-go basis. Unlike the previous plan, during the hiring of this membership, only 10% will be subtracted from the Freelancer's commission in favor of Findie. If the Freelancer cancels the benefit, it will be removed as of the next billing date. If you have a Ticket in your favor, it drops to 7% for the corresponding Job fee. - FINDIE MEMBER PRO. The plan is a paid plan. Unlike the previous plan, during the hiring of this membership, only 5% will be subtracted from the Freelancer for commission of use in favor of Findie. If the Freelancer cancels the benefit, it will be removed as of the next billing date. By having a Ticket in your favor, you will be entitled to one month free of charge on your membership. - INDEPENDENT STUDIO. The plan is free for the Studio. A permanent commission of 20% will be subtracted for each assigned job. If the Freelancer has a Ticket in his favor, the commission charged by Findie drops to 17% for the corresponding job. - STUDIO MEMBER. The plan is on a paid basis. Unlike the previous plan, during the contracting of this membership, only 16% will be subtracted from the Studio's commission in favor of Findie. If the Studio cancels the benefit, it will be removed as of the next billing date. If you have a Ticket in your favor, it drops to 13% for the corresponding Labor charge. - STUDIO MEMBER PRO. The plan is a paid plan. Unlike the previous plan, during the hiring of this membership, only 8% will be subtracted from the Freelancer's commission in favor of Findie. If the Freelancer cancels the benefit, it will be removed as of the next billing date. By having a Ticket in your favor, you will be entitled to one month free of charge on your membership.
Freelancer benefit programs
Freelancers will have opportunities to earn "Tickets", which are rebates to Findie's commissions for their work, in order to encourage the growth of the community. If the Freelancer invites three (3) Freelancers or one (1) Client to the platform and they have been accepted (in the case of Freelancers) or have started a project (in the case of Clients), they will get a Ticket once Findie accepts and approves them, which will be notified. Tickets are not cumulative. No more than one (1) application per project will be accepted. Once the Ticket is obtained, the following benefits are available: 1) Discount on the 3% commission charged by Findie, only applicable for the next project completed; 2) The presentation as a Featured Profile on the Home Page lasts 7 business days; 3) Be the first on the list for Clients for 7 business days. Tickets do not expire. In the event that a Ticket is activated and the Freelancer does not have an active Project, the Ticket will remain reserved for application to the next assigned Job. In the event that a project with an activated ticket is cancelled, if cancelled for cause attributable to the Client, the ticket will be reinstated and may be used on the next project. In case of cancellation for cause attributable to the Freelancer, the ticket will be deleted.
Pause Freelancer Account
In cases where the Freelancer wishes to freeze or pause his/her account for a period of time, he/she must notify Findie in writing by the assigned means at least two weeks in advance (14 calendar days). The account will remain paused until he/she decides to return, which must also be requested in writing to Findie.
In case of rejection in a selection process
If a Freelancer is rejected in the selection process he/she will be able to reapply in six more months, 180 calendar days.
Rights over user content
By posting your information and other content ("User Content") on or through the Site and Content, you grant Findie a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site and Content. Findie has the right, but not the obligation, to monitor the Site and Content, and User Content. Findie may remove or disable any User Content at any time and for any reason, or for no reason at all.
Unsecured transmission of user content
It is understood that the operation of the Site and Platform, including User Content, may not be encrypted and may involve transmission to Findie's third party providers and hosting partners to operate and maintain the Site and Content. Accordingly, each User acknowledges that it is solely responsible for the proper security, protection and backup of its Content. Findie shall have no liability to User for any unauthorized access to or use of any User Content, or any corruption, deletion, destruction or loss of any User Content.
Feedback
Either Client or Freelancer may submit ideas, suggestions or comments ("Comments") about the Site and Content or Findie's business or services. By submitting your Comments, you acknowledge and agree that (a) your Comments are provided voluntarily and Findie may, without any obligation or limitation, use and exploit such Comments in any manner and for any purpose, (b) you will not seek and will not be entitled to any money or other form of compensation, consideration or attribution with respect to your Comments, regardless of whether Findie considered or used such Comments in any way, and (c) your Comments are not confidential or proprietary information of yours or any third party.
Your representations and warranties
By entering the Site, you represent and warrant to Findie that your activity on the Site and Findie's possession and use of the User Content, as contemplated by these T&Cs, will not violate, infringe or misappropriate the copyrights, trademarks, rights of privacy or publicity of any third party or other personal or proprietary right, or that the User Content contains any matter that is defamatory, obscene, unlawful, threatening, abusive, criminal, offensive or harassing.
Considerations
Findie may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these T&Cs or other agreements or guidelines that may be associated with your use of the Site. You also agree that any violation by you of these T&Cs will cause irreparable harm to Findie, for which monetary damages would be inadequate, and you consent to Findie obtaining any injunctive or equitable relief Findie deems necessary or appropriate in such circumstances, without limiting the other remedies. In addition, Findie may, in its sole discretion and without prior notice, terminate your access to the Site for cause, including (but not limited to) (1) requests by law enforcement or other governmental agencies, (2) discontinuance or material modification of the Site or any services offered on or through the Site, or (3) unexpected technical problems.
No warranties and Findie's release of liability
The site and content, and all server and network components, are provided "as is" and "as available" with all faults and defects and without warranty of any kind, and Findie expressly disclaims all representations and warranties, including any implied warranties of accuracy, completeness, merchantability, fitness for a particular purpose or non-infringement, and any representation or warranty arising from course of dealing, course of performance or usage of trade.You acknowledge that Findie does not warrant that your access to or use of or both the Site and Content will be uninterrupted, timely, secure, error or virus free, and Findie makes no warranty regarding the results that may be obtained from the use of the Site and its Content.No information, advice or service you obtain from Findie or through the Site shall create any warranty not expressly stated in these T&Cs. You should not rely solely on the Site and the general content as the basis for your business decisions. Findie reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Site, or any part of the Site, for any reason; (2) modify or change the Site, or any part of the Site, for any reason; and(3) discontinue operation of the Site, or any part of the Site, as necessary to perform routine or non-routine maintenance, error correction or other changes.
Exclusion of damages
Exclusion of Damages and Limitation of Liability. Findie does not charge fees for accessing and using the Site and the Content in accordance with these T&Cs. The Content consists of general information and describes some of the basic elements of the Findie service. As consideration for your access to and use of the Site and Content in accordance with these T&Cs, you also agree that Findie shall not be liable to you for any incidental, consequential, indirect, special, punitive or exemplary damages (including damages for loss of business, loss of profits or the like) arising out of or related to these T&Cs, including, without limitation, your use or inability to use the site, platform, services, content, proprietary information or any interruption or disruption of such use, even if Findie has been advised of the possibility of such damages and regardless of the cause of action(whether in contract, tort, breach of warranty or otherwise). Findie's total liability with respect to these T&Cs shall in no event exceed $100.
Consultation due
You agree and affirm that, given the general nature of the Site and the Content, you will not specifically rely on any statement or material contained on the Site or in the Content in making business decisions. Resourcing and staffing issues are inherently complex and unique. If you decide to pursue your inquiry as to whether Findie's service is right for you, you have the opportunity to make an additional inquiry of Findie and you must conduct an independent investigation into the suitability of Findie's use for your particular business needs. Only after such due diligence, a thorough review of Findie's service offerings, including the terms and conditions of Findie's service agreements, and a thorough evaluation of any freelancer Findie proposes to you, should you reach any conclusion or make any decision as to whether Findie or any Freelancer proposed by the platform is suitable for you and your specific project needs or requirements.
Miscellaneous
These T&Cs, and any additions, changes, edits and/or modifications made by Findie, together with Findie's Privacy Policy, constitute the entire agreement between the parties with respect to the portions of the Site available without an account ID or password. Access to certain password-restricted portions of the Site and any subsequent acquisition and use of Findie's services are subject to separate and additional agreements.
Any conflict arising from this T&C agreement, whether as to its application, interpretation or extension, shall be submitted to the ordinary courts of the Santiago Jurisdiction, whereby the domicile of both parties shall be understood as Santiago de Chile.
