Termini di servizio

Terms and Conditions for the Use of Kargon

These Terms and Conditions (the “Terms”) govern the relationship between Mir Engineering ltd, UIC

208064074, VAT BG208064074, with registered office at 84 Tzvetan Lazarov Blvd, 2nd floor, Sofia,

Bulgaria, email office@kargon.eu, tel. +359 123 456 89 (“Kargon”, “we”, “us”), on the one hand, and

persons using the services offered on our website and connected interfaces (the “Site” and together

with any related applications and services, the “Platform”), on the other hand (each a “User” and

together the “Users”).

By creating an account, posting or requesting a job, submitting or accepting a quote, using our escrow

functionality or otherwise accessing the Platform, you acknowledge that you have read, understood and

agree to be bound by these Terms, the documents expressly incorporated by reference (including our

promotions.

Definitions

For the purposes of these Terms, the following expressions shall have the

following meaning:

Client – a User who requests, books or purchases finishing, repair, maintenance or similar works through

the Platform.

Contractor – a User acting as an independent contractor (freelancer or business) who offers or provides

works to Clients through the Platform.

Job – the specific works to be performed by a Contractor for a Client as described in a posting, quote

and/or variation agreed through the Platform.

Quote – an offer submitted by a Contractor setting out the scope, timing and price for a Job, including

any taxes and charges.

Escrow – the payment holding mechanism operated on the Platform through our payment service

provider whereby Client funds are collected and held pending release in accordance with these Terms.

Contractor Fees – commissions, service fees and/or subscription fees payable by Contractors to Kargon

for use of the Platform and related services.

User Content – any content that a User uploads, publishes or otherwise makes available on or through

the Platform (including listings, profiles, messages, ratings and reviews).

User Content – any content that a User uploads, publishes or otherwise makes available on or through

the Platform (including listings, profiles, messages, ratings and reviews).

2. Nature of the Platform; status of parties

2.1. The Platform is an online intermediary service enabling Clients and Contractors to find each other,

exchange information, submit and accept Quotes, arrange Jobs and process payments via Stripe.

2.2. Kargon is not a provider of the Jobs requested through the Platform. The contract for the Job exists

solely between the Client and the Contractor.2.3. Contractors act entirely as independent contractors. They are not employees, agents or

representatives of Kargon. Nothing in these Terms creates an employment, partnership or joint-venture

relationship.

2.4. Kargon does not supervise or control the manner of performance of the works. Contractors bear full

responsibility for compliance with legal, fiscal and safety obligations and for any injuries or damages

occurring during the performance of the Job.

2.5. Kargon bears no liability for injuries, accidents or damages suffered by Contractors, their staff or

third parties during the performance of any Job.

3. Accounts. Еligibility and verification

3.1. Users must be at least eighteen (18) years old and have full legal capacity.

3.2. Contractors must hold and maintain all licences, registrations, permits and insurance required for

the activities they perform.

3.3. Contractors must comply with all tax, labour and social-security obligations applicable to self-

employed or business persons in the countries where they operate.

3.4. Each Contractor must have a valid registration number identifying them as a freelancer, sole trader

or company under the applicable law of their country, and, where required by law, a valid VAT number.

3.5. Contractors are responsible for providing accurate, complete and current registration and VAT

details on the Platform.

3.6. Contractors shall be fully liable for all losses, penalties, damages and expenses suffered by Kargon,

Clients or third parties as a result of:

(a) failure to register or maintain required status as a self-employed person or business;

(b) failure to obtain or provide a valid tax or VAT number when legally required; or(c) providing false, incomplete or invalid registration or VAT information.

3.7. Kargon may verify registration numbers or VAT status, request documentary evidence, suspend

accounts that fail verification or terminate Users who repeatedly provide inaccurate information.

4. Posting Jobs, Quotes, acceptance and variations

4.1. Clients may post a description of the desired works. Contractors may submit Quotes through the

Platform.

A Client accepts a Quote through the Platform interface; upon such acceptance, the Client authorises

Stripe to charge their payment method for the final price displayed to the Client, which includes both (i)

the Contractor’s quoted price and (ii) the service fee due to Kargon. Stripe collects the full amount and

holds it pending release to the Contractor and Kargon in accordance with these Terms.

4.3. Any variation to scope, time or price must be agreed through the Platform. Where a variation

entails an increase in price, the Client authorises Stripe to charge the additional amount.

4.4. Users must not circumvent the Platform or its fees by arranging or accepting off-platform payments

for Jobs initiated through the Platform.

5. Prices, Contractor Fees and transparency

5.1. Prices for Jobs are proposed by Contractors through their Quotes. Each Quote represents the

Contractor’s total price for the works to be performed (“Contractor Price”).

5.2. When the Client views the Job summary before confirming payment, the Platform displays a final

price payable by the Client, which includes both (a) the Contractor Price and (b) a separate Platform Fee

payable to Kargon for the use of the Platform. The combined amount is shown as a single total for the

Client’s convenience.

5.3. The Platform Fee is due from the Client to Kargon. It is collected at the same time as the payment

for the Job and settled through Stripe in accordance with Clause 6. The Contractor is not charged any

commission or fee by Kargon.

5.4. After successful completion of a Job and Client confirmation, Stripe allocates the collected payment

as follows:

(a) Kargon receives the Platform Fee; and(b) the Contractor receives the full Contractor Price quoted in the accepted offer.

5.5. Kargon issues an invoice to the Client for the Platform Fee. The Contractor issues a separate invoice

to the Client for the Contractor Price, in accordance with applicable tax law.

5.7. Kargon may adjust Platform Fees, with reasonable notice, and any such change shall not affect Jobs

already accepted by Clients.

6. Payments through Stripe; holds and releases

6.1. All payments between Clie nts and Contractors are processed by Stripe, an authorised electronic

money institution regulated by the Central Bank of Ireland, acting as payment intermediary.

6.2. When a Client accepts a Quote, Stripe collects the payment from the Client’s payment method and

holds the corresponding amount as electronic money on behalf of the Contractor until release

conditions are met in accordance with these Terms.

6.3. Upon the Contractor’s notice of completion, the Client has 72 hours to confirm satisfactory

completion or to raise a dispute. If the Client confirms completion—or no dispute is raised within that

period—Kargon instructs Stripe to:

(a) release to the Contractor the full Contractor Price specified in the accepted Quote; and

(b) release to Kargon the Platform Fee payable by the Client under Clause 5.

6.4. Administrative delays and holds. Karogn may, through Stripe, instruct the temporary suspension or

delay of payout to the Contractor and/or of settlement of the Platform Fee where:

(a) there is a dispute or complaint between the Client and the Contractor;

(b) there is a suspected breach of these Terms or of applicable law; or

Any such hold shall be temporary, proportionate and limited to the time reasonably necessary for

investigation or resolution.

6.5. Refunds. Refunds are executed by Stripe in accordance with these Terms and Kargon’s instructions,

acting solely as payment processor.6.6. Kargon does not itself receive or hold Clients’ money. Funds are held by Stripe in accordance with

payment services legislation. Kargon’s role is limited to transmitting payment instructions to Stripe,

including instructions to delay, release or refund funds as described herein.

6.7. Payment processing and settlement are subject to Stripe’s own terms of service and privacy policy.

Kargon shall not be liable for interruptions, delays or failures attributable to Stripe or the banking

network beyond Kargon’s reasonable control.

7. Cancellations, withdrawal rights and refunds

7.1. Prior to commencement of on-site works the Client may cancel, in which case Stripe will refund the

Client’s payment less any non-recoverable payment processing charges displayed at checkout.

7.2. Once on-site works have commenced, the Client’s statutory withdrawal rights under distance-

contract law may no longer apply. Refunds will reflect the value of works properly performed and costs

incurred, subject to Clause 11.

7.3. If a Contractor cancels or fails to attend without valid reason, Kargon may instruct Stripe to refund

the Client in full and may apply sanctions to the Contractor’s account.

8. Standards of performance; safety; materials

8.1. Contractors shall perform Jobs with reasonable skill and care, in accordance with applicable

technical standards and regulations.

8.2. Contractors are solely responsible for compliance with all health and safety regulations, lawful

handling and waste disposal of materials, and for obtaining any permits, licences or authorisations

required for the performance of the Job, in accordance with all applicable laws, including European

Union law and the law of the state where the Service is provided.

8.3. Title and risk in materials shall pass as agreed between Client and Contractor; failing agreement, risk

passes on delivery to site and title on payment for such materials.

9. User conduct

Users shall not: (a) misrepresent identity, qualifications, insurance or authorisations; (b) post unlawful,

misleading or infringing content; (c) harass, threaten or discriminate; (d) interfere with the security or

availability of the Platform; (e) use the Platform for activities prohibited by law; or (f) attempt to

circumvent the Platform or its fees.

10. Ratings and reviews

10.1. After a Job is completed, Clients and Contractors may submit a rating (on a 1–5 scale displayed as

stars) and a textual/visual review. Ratings and reviews reflect the personal opinions of Users and are

provided for information only; they do not constitute statements of fact by Kargon or contractual

promises.

10.2. Reviews must concern the specific Job and must be truthful, fair and lawful. The following content

is prohibited and may be removed without notice:(a) content containing personal data of third parties or confidential information;

(b) defamatory statements, hate speech, threats or harassment;

(d) spam, advertising or off-topic material;

(e) content encouraging unsafe or unlawful conduct;

(f) content submitted in return for compensation or other inducements.

10.3. Kargon may moderate, withhold or remove ratings and reviews which, in our reasonable opinion,

breach these Terms or applicable law, or where we are required to do so by law or competent authority.

We may also suspend reviewing privileges for repeated or egregious breaches.

10.4. Users acknowledge that reviews may be subject to reasonable authenticity checks and that we

may request substantiation of factual assertions where appropriate.

11. Problems, disputes and Kargon’s limited administrative role

11.1. The Client and the Contractor shall first attempt to resolve any issue directly through the Platform.

11.2. If the Client raises a dispute within the confirmation window with reasonable grounds, Kargon

may, through Stripe, instruct the temporary suspension or delay of payout to the Contractor pending

review. During this time Kargon may request evidence and communications from both parties.

11.3. Acting solely in an administrative capacity and without assuming the role of arbitrator, Kargon may

determine one or more of the following actions:

(a) maintain the temporary hold pending rectification by the Contractor;

(b) authorise partial payout proportionate to the satisfactory portion of the Job;

(d) arrange, with the Client’s consent, a replacement Contractor to complete or repair the Job using

funds subject to the temporary hold.

11.4. Any such instruction is executed by Stripe as payment processor. Kargon’s administrative steps do

not constitute adjudication of liability and are without prejudice to the legal rights of either party.11.5. Nothing in this Clause prevents either party from seeking statutory alternative dispute resolution

or pursuing claims in court.

12. Intellectual property

12.1. All intellectual property rights in and to the Platform (including software, databases, trademarks,

trade dress and content published by us) are owned by or licensed to Kargon and are protected by

applicable laws. You shall not copy, adapt, distribute or create derivative works from the Platform or any

part of it except as permitted by law or by our prior written consent.

12.2. By uploading or posting User Content you grant Kargon a non-exclusive, worldwide, royalty-free

licence to host, store, reproduce, display and otherwise use such content f or the operation,

improvement and promotion of the Platform. You warrant that you have all rights necessary to grant

this licence and that your User Content does not infringe third-party rights.

13. Data protection

Personal data is processed in accordance with our Privacy Policy, which forms part of these Terms.

Payment service providers process payment data under their own terms and privacy notices. Users shall

not upload personal data of others without a lawful basis.

14. Liability

14.1. Kargon is not the provider of any Job. All works are carried out by independent Contractors who

bear full responsibility for their acts, omissions, tools, equipment and personnel.

14.2. Kargon shall not be liable for any damage, loss, injury or accident suffered by Contractors, their

assistants or subcontractors during the performance of a Job, whether on the Client’s premises or

elsewhere.

14.3. To the fullest extent permitted by law, Kargon excludes liability for:

(a) the quality or safety of Jobs;

(b) acts or omissions of Users;

(d) loss of profit, business, contracts, goodwill or data.

14.4. Nothing excludes liability for death or personal injury caused by negligence, for fraud, or for any

liability which cannot be excluded by law.

14.5. Subject to Clause 14.4, our total aggregate liability to any User arising out of or in connection with

the Platform and these Terms (whether in contract, tort - including negligence - statute or otherwise)shall be limited to the higher of: (i) EUR 400; or (ii) the total Contractor Fees (if any) actually paid to

Kargon by that User in the twelve (12) months preceding the event giving rise to liability.

15. Indemnities (Contractors)

Contractors shall indemnify Kargon against all losses, damages, liabilities, costs and expenses (including

reasonable legal fees) arising out of or in connection with:

(a) any breach of these Terms or of applicable law;

(b) failure to hold valid registration or VAT number where required;

(d) injury, property damage or other loss occurring during a Job; or

(e) infringement of third-party rights.

16. Insurance

16.1. Contractors shall maintain, at their own cost, adequate insurance appropriate to the nature and

risk of the Jobs they undertake, including but not limited to public liability and professional indemnity.

Contractors shall provide evidence of such insurance upon reasonable request by Kargon or a Client.

16.2. Kargon bears no responsibility or liability whatsoever if a Contractor fails to hold valid or sufficient

insurance. Kargon shall not be liable to the Contractor for any loss, damage, injury or expense arising

from the absence or inadequacy of such insurance, nor to the Client for any damage, loss or claim that

would have been covered had the Contractor maintained appropriate insurance.

17. Suspension and termination

17.1. We may suspend or terminate a User account, remove content or restrict access where reasonably

necessary to protect Users, comply with law or enforcement requests, address repeated poor

performance, fraud, non-payment of Contractor Fees, excessive chargebacks or other material breaches.

17.2. Users may close their account at any time.

17.3. closure does not affect accrued obligations.

18. Changes to these Terms and to the Platform18.1. Kargon may amend these Terms at its own discretion. The updated version will be published on

the Site with an “Updated on” date.

18.2. Where a change is material, we shall provide reasonable notice via the Platform or by email.

18.3. The version of the Terms in force at the time a Quote is accepted shall continue to apply to that

Job.

19. Complaints and escalation

If you have a complaint about the Platform (as distinct from a Job dispute), please write to

office@kargon.eu. Users remain free to utilise statutory ADR in their Member State or to pursue court

proceedings.

20. Waiver

No failure or delay by Kargon in exercising any right or remedy under these Terms shall operate as a

waiver of that or any other right or remedy, nor shall any single or partial exercise preclude any further

or other exercise of the same or any other right or remedy. Any waiver shall be effective only if given in

writing and signed by an authorised representative of kargon.

21. Severability

The parties declare that, in the event that any of the clauses under these General Terms and Conditions

is found to be invalid, this shall not invalidate the entire contract or any of its other parts. The invalid

clause will be superseded by the mandatory rules of law or established practice.

22. Entire agreement. Assignment. Notices

22.1. These Terms (together with documents expressly incorporated by reference) constitute the entire

agreement between you and Kargon in relation to the Platform and supersede any prior understandings

relating to the same subject matter.

22.2. You may not assign, novate or otherwise transfer your rights or obligations without our prior

written consent. We may assign or novate our rights and obligations to an affiliate or in connection with

a reorganisation, merger or sale of business by giving you notice.

22.3. We may provide notices by email to the address associated with your account, through in-product

notifications or by publication on the Site. You may provide notices to us by email to office@kargon.eu

unless a different method is specified for a particular matter.

23. Governing law and jurisdiction

23.1. These Terms and any contractual or non-contractual obligations arising out of or in connection

with them shall be governed by and construed in accordance with the laws of Bulgaria, without

prejudice to any mandatory consumer protection provisions of the consumer’s habitual residence within

the European Union.

23.2. Any dispute arising out of or in connection with these Terms or the Platform, shall be finally settled

by the courts of Bulgaria.