TERMS OF USE AND PRIVACY POLICY

Welcome to www.werk.eu These Terms of Use, to be read in conjunction with our Privacy Policy, govern any use of our Platform, the Services and the content and services available on our Platform (collectively, the Werk Service or Services).

OÜ Werk IT is an Estonian company (hereinafter Werk”), reg. code 16041366, which manages the Platform for day-to-day recruitment in the construction sector, i.e. for the creation of profiles of construction workers, the management of works and references, the submission and acceptance of tenders, the award of contracts, the acceptance of works and other services available through the Platform.

By clicking on "I agree to the Terms of Use and Privacy Policy" in the registration page, you agree to be bound by these Terms and to confirm that you have read the Terms below.

We know that the Terms of Service are a long, boring read, so here's a brief overview of what we think interests you the most:

The Werk Service and the Platform are offered to you subject to your acceptance without modification (other than the Specific Terms) of all of these Terms here and on our Website, all other policies (including our Privacy Policy https://www.werk.eu/termsofuse /) and information regarding the Fee, whether offered in person or on our Website; and any future changes that may be published from time to time on the Platform or made available to you through the Werk Service (collectively, the Terms). With Your consent, these Terms constitute a legally binding agreement between You and Werk. If You are entering into this Agreement as an agent of a company, on behalf of Your employer or on behalf of a company for which You are providing a service, You confirm that You have all rights and obligations to bind that company in contract.

1. General Provisions

1.1. These Terms and Conditions govern the use of the online environment www.werk.eu ( Website). The online community consists of any documents (including images, videos, etc.) that are accessible from the werk.eu domain or its subdomains, and the databases necessary to use the Online Community.

The Terms of Use are available on the Website at https://www.werk.eu/termsofuse.

1.3. The owner and administrator of the Website is Werk IT OÜ (registration code: 16041366; registered office: Harju maakond, Tallinn, Kesklinna linnaosa, Tartu mnt 56, 10115; e-mail: info@werk.eu; hereinafter referred to as Werk).

2. Werk Service

2.1. The Werk Service connects independent job seekers interested in jobs in the construction sector (hereinafter referred to as the "Work") and companies looking for skilled construction workers. A Construction Worker who has created an account and registered as a user of the Werk Service under these Terms and Conditions is hereinafter referred to as a "User". The company that posts a job advertisement on the Platform is hereinafter referred to as the "Contractor“.

2.2. Werk may mediate and/or facilitate communications between the User and the Contractor, but Werk does not obligate the User to accept or perform any Work. Werk does not guarantee the correctness or accuracy of the Work Specifications or any other information provided by the Contractor. Werk is not responsible for the accuracy or reliability of any information provided by Users in connection with the Service. Users shall independently confirm which Works they are qualified to undertake and the scope of the Works shall be confirmed by Users directly with the Contractor. Users are solely responsible for the Work they choose to accept, the frequency with which they accept the Work, the time required to complete the Work accepted and the fee for the Work accepted.

2.3. Werk does not instruct, supervise or monitor how a User performs the Works or individual Projects during the course of the Works. Werk shall not interfere in any communication between the User and the Contractor, including in the communication window of the Platform. Werk shall not be liable for the actions of Users and/or Contractors. The Contractor is advised to confirm with the User whether the User is competent to carry out the Works before commencing the Works. Werk shall not be liable for the confirmations or actions of Users or Contractors. Werk does not indemnify the Contractors or Users against any loss or liability which may arise from the use of the Werk Service.

3. Use of the service

3.1. Use of the Werk Services constitutes acceptance of these Terms. You must be at least 18 years of age to enter into this Agreement or have valid permission from your legal guardian or legal representative. In the case of a legal entity, the entity must be duly registered and have full legal capacity.

3.2. By using Werk to find Work, you confirm that you will only apply for Work which you are qualified and able to carry out and that you will carry out such Work personally. In addition, you agree that Werk may from time to time impose requirements on the suitability of the Works, such as information and documentation to verify your identity and qualifications.

3.3. To use the Werk Services, you will need to create an account. To use certain features of the Service, you will also need to provide your valid telephone number. It is important that you provide us with accurate, complete and up-to-date information and that you keep this information up-to-date. If you fail to do so, we may freeze or delete your account. To protect your account, you must keep your account details and password confidential and notify Werk immediately of any unauthorised access to your account.

3.4. The User shall be responsible for all activities on the User's Account, regardless of whether such activity was authorised by the User.

4. Feedback and Rating

4.1. Feedback. We appreciate all feedback, comments, ideas, suggestions and proposals for improving the Werk Service (the "Feedback"). If you choose to leave Feedback with Werk, you agree that Werk has a free, worldwide, irrevocable license and right to use and distribute the Feedback without any restriction or compensation to you or any third party.

4.2. For a period of time after completion of the Work, the Contractors may leave public feedback and a rating for the User regarding the User's performance of the Work, and Users may leave public feedback for the Contractor regarding the Work accepted from the User (a "Rating"). The Ratings reflect the opinions of individual Users and the Contractors and do not reflect the opinion of Werk. Werk does not certify the truthfulness of the Ratings. The Contractors and Users agree that the Ratings shall be truthful and shall not contain offensive or derogatory language and shall comply with these Terms. Users and Contractors are prohibited from tampering with the Ratings system in any way. Ratings may be part of a User's or Contractor's public profile and may also be visible in other parts of the Platform.

5. Obligations when using Werk Services

5.1. In addition to the other obligations in these Terms, the User and the Contractor agree to the following:

5.1.1. Werk does not give any endorsement or approval of any Contractor. Werk does not endorse or approve any Contractor. Werk does not endorse the truth or accuracy of any information provided by any Contractor or any content posted on the Platform. Users are solely responsible for assessing whether to accept Works. The User understands and agrees that Werk does not guarantee or warrant that the User will receive or be considered for a Job Proposal.

5.1.2. Contract with Contractor. If the Contractor commissions the Services from or accepts the Work from the User, the employment or employment-like legal relationship shall be solely between the Contractor and the User. Werk shall not be involved in any activity to create an employment relationship and Werk shall not obligate the User to perform any Work and the Works shall have no obligation to compensate the User for anything. The User understands that any Contractor may ask the User to agree to additional requirements in order for the Contractor to order the Services from the User. The User shall be solely responsible for complying with such requirements. User acknowledges that by pursuing any remedy against any Contractor, User waives any claim against Werk and its management.

5.1.3. Licenses and Certificates. User agrees at all times to hold the necessary permits and certificates to provide the Service in any jurisdiction. User and/or Contractor shall carry insurance, if required, and Contractor agrees to be subject to all laws regarding User's compensation. The Contractor shall provide Werk with evidence of its compliance with this Section 5.1.3. if required by the Werk.

5.1.4. Compliance with Laws. Users and Contractors represent that they will at all times act in compliance with all laws, rules, regulations applicable to them.

5.1.5. Bypassing the Platform. The User acknowledges that, by agreement between Werk and the Contractors, the Contractors who post a Job Offer on the Platform agree not to contact the Users other than through the Platform.

5.1.6. Referrals. A User may participate in a Werk program under which a User refers a friend or potential Construction Contractor to join Werk. By making a referral, the User expressly agrees that he/she has all rights to send an invitation to his/her contact.

6. Fee

6.1. Creating an account on the Platform is free of charge. Werk may charge a fee for the use of certain functionalities on the Platform and in such case the User or the Contractor will be informed in advance of the applicable fees.

6.2. In the event that the Contractor accepts the User as a service provider, Werk will charge a fixed fee or a fee as a percentage of the cost of the Work, as agreed between the Contractor and Werk (the „Platform Fee“).

6.3. The Contractor wishing to contact Users on the Werk Platform shall provide Werk with correct billing information and update such information as necessary.

7. Werk manages the online marketplace

7.1. Online Marketplace. Werk manages an online marketplace that allows Contractors to post job advertisements and facilitates the connection between Contractors and Users. Werk does not itself carry out the Works, nor does it employ staff or use service providers to carry out the Works. The Users are independent service providers who use the Platform to provide their own services and to perform the Works for the Contractors. Werk is not party to any service contract between the Users and the Contractors. Werk is not responsible for the manner, quality, nature, location or extent of the User's performance of the Work. Werk shall have no control over, or any involvement in, the manner, quality or timing of the performance of the Work by the User. Werk shall not control or direct the performance of the Work by the User or determine the location or hours of the Work by the User. Users provide the Services under their own name or the name of a company associated with them, and not under the name of Werk. Users shall supply their own equipment, tools and other materials for the performance of their Work. Werk does not determine the hours or conditions of work of the User. Users are free to accept or decline any Job Offer or any project or offer related to the Work. Users will not be penalised for rejecting an offer from the Contractor. If the User accepts the Contractor's offer through the Werk Platform, he/she will be expected to fulfil his/her contractual obligations.

7.2. There are no restrictions on Users' business activities. Users are free to conduct their own business, to take on projects or to provide services to third parties without restrictions from Werk. Werk is aware that Users may generate revenue outside Werk and expects Users to do so.

7.3. Werk does not create an agency relationship. The Werk Platform and Services are not recruitment agent services and Werk is not the employer of any User. The User acknowledges and agrees that it is responsible for its own business decisions in entering into a contractual relationship with any Contractor and, depending on how it makes its business decisions, there is the possibility of earning a profit or incurring a loss and this is at the User's own risk.

8. Interaction between Contractors and Users

8.1. Werk shall not be responsible for the Contractors' choices, communications or legal relationship with Users. It is the sole decision of the Contractor whether to hire a User or to contract a Service from the User. Werk accepts no responsibility for the accuracy of any User's or Contractor's information, including any Contractor's or User's personal data or information published in the Job Advertisement or in the Project Content.

8.2. Werk may assist Users and Contractors with the information they disclose, but each is individually responsible for the information they disclose on the Platform. The Contractor and the User acknowledge that no Contractor is under any obligation to offer or provide Work to any User and no User is under any obligation to accept Work from any Contractor. All interaction between the User and the Contractor is at their own risk. If the User or the Contractor fails to perform the agreed service, the party in breach and not the Works shall be liable. When interacting with other Users or Contractors on the Platform, each should use caution and common sense to protect their property and intellectual property.

9. Compliance with the law

9.1. User classification Where the Contractor provides the Works to the User through the Platform, the Contractor is responsible for determining the legal relationship between the User and the Contractor and the laws that apply to the relationship between them, including whether the User is an employee, service provider or otherwise, or whether the User is permitted to perform the Works for the Contractor under applicable laws and regulations. Werk does not employ Users and is not responsible for their compensation or for any tax liabilities associated with Users.

9.2. There shall be no joint employer on the Platform. The Contractor confirms that under no circumstances will there be a joint employment relationship between the Werk and the Contractor using the Platform. If the Contractor employs the User, it shall be the sole employer of the User and shall be solely responsible for the hiring, termination, supervision, employee schedule, terms and conditions of employment, and compensation of the User. The Contractor acknowledges that the Contractor, and not Werk, is responsible for the remuneration of the User in connection with the Work.

10. Telephone calls and consent to be contacted

10.1. The Contractor and the User give their consent to receive telephone calls and automatic messages (SMS) from Werk. By voluntarily providing your telephone number, you agree that Werk or our service providers may call you regarding Work announcements, marketing, promotions, account registration, future Work, Work-related reminders, completed Work, Werk Service offerings, improvements or updates to the Werk Platform.

10.2. The Contractor and the User consent to Werk contacting You by email at an email address that You have voluntarily provided to Werk or that Werk has obtained through other lawful means. You acknowledge that You are under no obligation to receive calls or messages from Werk for marketing purposes as a prerequisite for using the Werk Services.

10.3. Opt-Out. Your consent to receive calls or messages from Werk is entirely voluntary and you may opt out at any time. To opt-out of messages, calls and emails, please send a message with the reply "I do not wish to receive messages from you!". or send an email to info info@werk.eu and let us know that you wish to opt-out of receiving messages and calls.

10.4. Fees. Receiving calls or messages from Werk will not be subject to any charges from Werk or our service providers. However, a charge for receiving a call or message may be provided for in your contract with your telephone service provider, in which case your contracted tariff will apply.