Last amendment: 9 August 2022
By accessing or using the Platform, you agree to be legally bound by this Feedni User Agreement. Please read it carefully.
This Feedni User Agreement (the “Agreement”) is a legally binding agreement by and between Feedni LTD having a registered place of business at 3507ResCo-work05, Floor 35, Al Maqam Tower, ADGM Square, Al Maryah Island, Abu Dhabi, United Arab Emirates (“Feedni”) and an individual user or entity (“you”, “your”, and “user”) accessing or using the online platform “Feedni” and the related services (collectively, the “Platform”). This Agreement applies to the Platform only; it does not apply to any third-party software, websites, and services integrated with the Platform. You must agree to all provisions of this Agreement to be eligible to access or use the Platform. If you do not agree with one or more provisions of the Agreement, you are not allowed to use the Platform.
Table of Contents
3. Contractual Relationships Between the Contractors
5. Fees, Compensation, and Commission
8. Quality Assurances and Penalties
15. Disputes Between You and Feedni
Section 1 provides an overview of the requirements that you must meet before registering your user account on the Platform.
1.1. Registration and Acceptance
1.2. Account Eligibility
By registering the Account, you acknowledge and agree that you:
- Have read the documents specified in section 1.1 and agree to abide by them;
- Agree to comply with this Agreement and all applicable laws;
- Have the capacity to conclude legally binding agreements;
- Will provide full, complete, and accurate information, including personal data, and agree to amend it as soon as any changes occur;
- Are solely responsible for any activity that occurs through your Account and shall not hold Feedni liable in this regard, for any reason whatsoever;
- Are not under any type of judicial interdiction;
- Will register a single Account (multiple Accounts registered by the same person or entity are not allowed); and
- Are a human individual or an individual acting on behalf of a business entity, and not a machine (machine-generated Accounts are not allowed).
If you act on behalf of a business entity in accepting this Agreement or registering the Account, you warrant and undertake that you have the requisite power and authority to act on behalf of that entity and bind the entity to this Agreement. By creating the Account and providing details of a business entity, you confirm that you are an authorised employee, contractor, or representative of the business entity and have the necessary rights and authority to act on behalf of that entity. Feedni shall not be responsible in any manner and bear no liability for your activities carried out without such authorisation.
1.4. Your Profile
To complete the registration of the Account, you will be requested to complete your user profile (the “Profile”). You acknowledge and agree the Profile can be visible to other users of the Platform and Internet users, unless you adjust your privacy settings accordingly. You must (i) provide true, complete, accurate, and up-to-date information when completing your Profile and (ii) update the Profile information as soon as any changes thereto occur. You are not allowed to provide any information about yourself or any third parties that is false, misleading, defamatory, or erroneous, including, without limitation, information about your identity, location, education, skills, professional experience, clients, certifications, business, or the services that you provide. Feedni does not verify all Profile information and, therefore, Feedni is not responsible for the truthfulness, completeness, and accuracy of the said information. Feedni reserves the right to suspend or terminate any Account or Profile that provides false or misleading information or otherwise violates any provision of this Agreement. The Platform provides general information about the users and displays the Profiles as created by the users. Feedni does not endorse any users of the Platform and the Platform features only a limited list of the available service providers in the given area.
1.5. Account Types
You may register three types of Accounts on the Platform as specified below. Please note that, if the functionality of the Platform allows it, some Accounts may be added or merged by using a single username and password. The following types of the Accounts are available on the Platform:
- Provider Account: The Provider Account can be registered by Platform users that intend to offer their services through the Platform as independent contractors (the “Providers”);
- Seeker Account: The Seeker Account can be registered by Platform users that intend to search and order services offered by the Providers through the Platform (the “Seekers”);
- Agent Account: The Agent Account can be registered by users that intend to act as an agency managing the administration of other Providers registered on the Platform (the “Agency”). The Agency and not Feedni is solely responsible for (i) adding, managing, and classifying the Providers and (ii) paying to the Providers in accordance with this Agreement and the applicable laws. The Agency is entitled to adjust certain settings of the Provider Account (e.g. its visibility and pricing). If the Provider uses the Agency, Provider’s work history may contain projects completed under the Agency Account, even if the Provider ceases to be an active member of the Agency.
1.6. Identity and Location Verification
Feedni reserves the right but is not under obligation to verify the Accounts and the Profiles, including, without limitation, verifying the identity, location, payment methods, and email addresses, during the registration of the Account or from time to time thereafter. The verification may include requesting official documents (e.g. government issued ID) confirming your identity, location, and authorisation to act on behalf of a business entity. You agree to supply to Feedni the requested information to keep your Account active. Feedni reserves the right to temporarily suspend your Account during the verification process and terminate the Account if the verification fails.
2. Purpose of the Platform
Section 2 discusses the rules governing the relationship between Feedni and the users of the Platform.
2.1. Your Relationship with Feedni
Feedni provides the Platform for the purpose of facilitating transaction between the Seekers (whether registered users or non-registered users), the Providers, and the Agencies (collectively, the “Contractors”), including negotiating and concluding service contracts (the “Service Contract”). Feedni does not intervene into the communication between the Contractors as well as negotiation, conclusion, and execution of the Service Contracts. Unless explicitly specified otherwise on the Platform, Feedni’s responsibilities with regard to the Service Contracts are limited to (i) facilitating the availability of the Platform and (ii) serving as a limited payment collection agent of each Provider for the purpose of accepting payments from the Seekers on behalf of the Providers. By using the Platform, the Seeker acknowledges and agrees that the Provider and not Feedni is solely responsible for providing services under the Service Contracts and any information or warranties related thereto. Feedni is not a party to the Service Contract and, therefore, Feedni will not be liable for any direct, indirect, consequential, or inconsequential loss or damage that results from the Service Contracts and any business transactions made between the Contractors as a result of their interactions through the Platform. The Contractors are entitled to (i) enter into additional agreements governing the Service Contracts (e.g. non-disclosure agreements) and (ii) agree on the terms and conditions of the Services Contracts, provided that (i) the agreed terms shall not expand or amend this Agreement and (ii) in case there is a conflict between the terms of the Service Contract and this Agreement, this Agreement shall prevail. The Providers are solely responsible for:
- Ensuring that they are qualified in providing services under the Service Contracts;
- Preparing, negotiating, concluding, and executing the Service Contracts; and
- Cooperating with Feedni in any audits by providing information and records about the Service Contracts, invoices, tax returns, and other financial reports issued under the Service Contracts.
2.2. Taxes and Benefits
The users of the Platform are responsible for paying all tax and duties with regard to the Service Contracts as applicable in their respective jurisdictions; Feedni does not withhold any taxes related thereto. The Provider is solely responsible for:
Paying all applicable taxes, levies, duties, and other fees associated with payments made under the Service Contracts;
Obtaining appropriate insurance related to Provider’s services (e.g. liability, health, compensation, social security, disability, and unemployment) and making sure that the terms and conditions of the insurance policy do not contravene to this Agreement;
Determining whether necessary and, if necessary, issuing invoices for any the services rendered under the Service Contracts;
Determining whether necessary and, if necessary, paying value added tax (or its equivalent) in Provider’s jurisdiction, maintaining records as required by tax authorities, and submitting records to relevant authorities, as appropriate;
Informing Feedni in writing if Feedni is required by the applicable laws to withhold any amounts of the fees payable to the Provider and indemnifying Feedni for any requirement to pay any amounts to the authorities; and
Upon Feedni’s request, cooperating with Feedni in any audits by providing information and records about the Service Contracts, Provider’s independent business activities, invoices, tax returns, and other financial reports related to Provider’s transactions on the Platform.
The users are entitled to leave feedback about other users of the Platform in a form of reviews, comments, indicators of satisfaction, or ratings (collectively, the “Feedback”). None of the references provided by Feedni or the users of the Platform in relation to any user of the Platform, including the Feedback, represents endorsement, certification or guarantee about any user, as well as the information or services provided by that user. The said references are based solely on unverified data that the users voluntarily provide; Feedni features references solely for the convenience of the users. Although Feedni vets the Providers to the best of its ability and requests the Providers to submit truthful, accurate, and complete information regarding their expertise, professional experience, training, and availability schedule, Feedni strongly encourage the Seekers not to conclude any Service Contracts if the Seekers have any doubts or concerns pertaining to the Providers. The users acknowledge and agree that:
- Provision of the Feedback is essential for the efficiency of the Platform; therefore, the Feedback must be submitted after completion of each Service Contract;
- The Feedback will be available to all users of the Platform and a part of it may also be visible to the Internet users that are not registered on the Platform;
- The Feedback must not contain any false, misleading, defamatory, or unlawfully disclosed information;
- Feedni does not control, monitor, influence, contribute to or censor the Feedback;
- Feedni is not responsible for the accuracy of the Feedback, even if the information in the Feedback violates this Agreement;
- Feedni reserves the right but is not under any obligation to remove the Feedback that, in Feedni’s sole judgement, violates this Agreement or has an adverse effect on the reputation of the Platform or Feedni’s business interests; and
- The Feedback cannot be used for making employment, credit, underwriting, or similar decisions regarding the users.
3. Contractual Relationships Between the Contractors
Section 3 contains the terms and conditions with regard to the Service Contracts concluded between the users through the Platform.
3.1. Service Contracts
If the Contractors decide to enter into the Service Contract through the Platform, the Service Contract is the contractual relationship between the Contractors and the Contractors have complete discretion with regard to whether to enter into the Service Contract and the terms of the Service Contract. The Contractors acknowledge and agree that Feedni is not a party to the Service Contracts and the formation of the Service Contracts does not create employment, partnership, joint venture, or other service relationships between the Contractors and Feedni. The Contractors are entitled to enter into any agreements as they deem to be appropriate (e.g., a confidentiality or assignment agreements), provided that such agreements do not conflict with, narrow, or expand this Agreement. By concluding the Service Contracts through the Platform, the Seeker or non-registered user (as applicable) (the “Seeking Party”) acknowledges and agrees that the Seeking Party is purchasing services from the respective Provider and not directly from Feedni, and the Provider is solely responsible for delivering those services. Therefore, for any specifics related to the Service Contracts, the SeekerSeeking Party is requested to contact the respective Provider directly. The Seeking Party is solely responsible for carrying out appropriate checks regarding the Providers, including, without limitation, their relevant trade and industry accreditations, qualifications, legal authorisations, the scope of insurance, and availability schedule prior to concluding the Service Contracts. The users agree to report any abuse related to the Service Contracts without undue delay to Feedni. Feedni reserves the right but is not under any obligation to investigate the reported abuse and impose proportional sanctions on the user suspected to abuse. Feedni shall not be responsible for any late or incorrect reporting of abuse.
3.2. Online Sessions
Some of the services may be rendered by the Providers remotely through the Internet by using Feedni or third-party software, as deemed appropriate. Such online sessions (the “Sessions”) are subject to the respective Service Contract and the Sessions must be registered on the Platform. The users agree not to conduct the Sessions in any manner that violates any provision of this Agreement. The users are responsible for individually covering Internet connection fees.
3.3. Disputes Between Users
Feedni is not responsible for any disputes that arise between the users, nor is Feedni obliged to receive or process complaints against the users of the Platform or resolve disputes between the users, unless the complaint concerns the performance of Feedni’s legal or contractual obligations under this Agreement. In case you intend to obtain an order from any arbitrator or any court that might direct Feedni to take any action regarding the dispute, you agree to: (i) give Feedni at least 5 business days’ notice of the hearing and (ii) pay to Feedni in full the fees corresponding to the reasonable value of the services to be rendered pursuant to the order.
3.4. Confidential Information
The users agree to keep in confidentiality and not to use, disclose or communicate in any manner any proprietary information about the Service Contracts, each other, their officers, directors, employees, contractors, agents, operations, marketing strategies, software, codes, passwords, and login information to email accounts, web pages, phone systems, ticket systems, pricing structure, clientele, or any other proprietary information that relates to the users. The said information is material and confidential.
Any and all deliverables arising from or related to the Service Contacts, including, but not limited to, any digital content, documents, texts, photographs, images, graphic designs, logos, marketing materials, source code, reports, decks, presentations, strategies and ideas, audio and video materials, or any other materials and services commissioned by the Seeking Party from the Providers (collectively, the “Deliverables”) shall be deemed to be works for hire and shall be the sole and exclusive property of the Seekers. The Deliverables shall be delivered within the time period agreed upon by and between the Contractors. The Provider may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Deliverables without a prior written authorisation from the Seeking Party. In the event a court of law or an arbitration panel finds section 3.5 to be invalid or unenforceable in any respect and for any reason, the Provider hereby grants to the Seeker non-exclusive, perpetual, royalty-free, irrevocable and worldwide rights, with rights to sub-license through multiple levels of sub-licenses, to reproduce, make derivative works from, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights in the Deliverables.
3.6. Chat Confidentiality
The Contractors agree to keep in confidentiality and protect all information, including, without limitation communication data and digital files, exchanged through the chat functionality available on the Platform. On the disclosing party’s request, the receiving party shall promptly destroy or return all confidential information.
3.7. Disputes between the Contractors
Feedni may, at its sole discretion, provide initial dispute resolution or mediation services with regard to the Service Contracts. Feedni makes non-binding recommendations only. The Contractors hereby agree to (i) attempt to come to an agreement among themselves and (ii) if the Contractors are unable to agree in a reasonable period of time or the dispute is submitted to Feedni, participate in the dispute resolution process organised by Feedni. Should the respondent fail to respond to mediation after two contact attempts by Feedni, the dispute shall be resolved to the complainant’s favour. Should the Contractors fail to resolve the dispute with Feedni’s assistance, the Contractors are entitled to engage a third-party arbitration service provider or submit the dispute to a court. If the Provider or the Seeker intends to obtain an order from an arbitrator or a court, Feedni should be notified of the same at least five business days in advance. Further, Feedni shall be paid in full all amounts due to which it would be otherwise entitled to.
4. Classification and Payroll
Section 4 defines the independent relationship between the Contractors and the use of Feedni payroll.
4.1. Independent Relationship
The Provider provides services to the Seeker as an independent contractor and not as an employee. The relationship between Feedni, the Providers, the Seekers, and the Agencies shall be that of independent contractors and not an employees.
4.2. Feedni Payroll Services
If Seeker’s use of Provider’s service gives rise to an employment relationship, the Seeker agrees to enrol in Feedni Payroll. The enrolment to Feedni Payroll will engage a third-party staffing vendor affiliated with Feedni to manage the employment relationship between the Seeker and the Provider. Feedni shall not be responsible in any manner whatsoever for the said employment relationship. Feedni shall have no control over the terms and conditions of the employment relationship, including, without limitation, work hours, pay rates, selection and hiring, and working conditions. The role of Feedni shall be limited to facilitating the communication between the Seeker, the Provider, and the third-party staffing vendor.
5. Fees, Compensation, and Commission
Section 5 describes the fees payable by you to Feedni for the use of the Platform.
5.1. The Compensation payable to the Provider
As compensation for the provided services (the “Compensation”), the Provider is entitled to the fees payable by the Seekers (the “Fees”) for each project completed successfully through the Platform minus the commission fees payable by the Provider to Feedni (the “Commission”). The Provider shall not be entitled to any further payments from Feedni or the Seekers for any reason whatsoever, unless expressly agreed to by Feedni or the Seekers (whichever relevant). The Fees shall be debited from Seeker’s payment method and held by Feedni until the Service Contract is concluded. If the Service Contract is completed successfully and no disputes arise between the Contractors regarding the respective Service Contract, Feedni shall pay out the Compensation (i.e. the Fees minus the Commission) to the Provider by using a third-party payment processor within 15 days commencing at the end of then-current billing cycle. The Provider shall be solely responsible for the payment of any and all fees to any third-party payment processor involved in the processing of the Compensation. No disputes related to the services rendered by the Provider shall affect the payment of the Compensation. Should the Seeker find the Provider’s services be of dissatisfactory quality, the Seeker is entitled to rate the Provider and provide the Feedback accordingly.
5.2. Tracking Software
The Contractors are entitled to use the time tracking software provided by Feedni to track billable time under the Service Contracts. If the Seeker chooses to adjust Seeker’s Account settings to auto-approve billable time, extended hours, overtime, or similar, Feedni shall not be liable of any errors related thereto or misuse of the function by the Provider. Therefore, Feedni reserves the right to claim penalties and/or charge fees associated with the cancelation or retraction of the billed time.
5.3. The Commission
Provider’s use of the Platform is subject to the Commission payable by the Provider to Feedni representing the percentage of the Fees payable by the Seeker for each project completed through the Platform. The Commission rate shall be specified on the Platform and remains subject to change at Feedni’s sole discretion. The Commission may vary depending on the number of projects completed and the total Fees paid by the Seeker to the respective Provider. Unless specified otherwise or agreed between the Provider and Feedni, the standard Commission rate is 15%. The Commission rates and payment terms related thereto are made available on the Platform or communicated to the users personally. The Commission rates remain valid (i) for as long as they are indicated on the Platform or (ii) for the time period communicated to the users. The Commission rates are subject to a change without a prior notice. Any changes to the Commission rates will be made available to the users and, if necessary, Feedni will request the Providers to provide their consent to the amendments of the Commission rates. The Commission is deducted automatically upon pay-out of the Compensation to the Provider. By accepting this Agreement, the Provider agrees to pay the Commission to Feedni for each project completed through the Platform. The Provider is solely responsible for (i) defining the Fees and other charges applicable to the services rendered by the Provider and (ii) communicating the Fees and charges to Feedni. The Fees shall be subject to the Commission as provided above and the Fees made available to the Seeker through the Platform shall include the Compensation and the Commission.
5.4. The Fees Payable By the Seeker
When the Seeker concludes a Service Contract through the Platform, the Seeker agrees to pay the Fees to the Provider, as agreed under the Service Contract in accordance with Provider’s individual pricing policy. Once the Seeker makes a payment for the Fees, the Fees shall be deducted from Seeker’s payment method and reserved by Feedni until the Seeker approves the completion of the Service Contract. Should Seeker’s payment method be rejected, or payment cancelled for any reason whatsoever, the Service Contract shall not commence. The Provider is entitled, but has no obligation, to provide discounts for the Fees. The discounts will be clearly indicated on the Platform. The Fees paid by the Seeker to the Provider through the Platform constitute the entire amount payable for the respective Service Contract and the Providers must not charge the Seekers any additional Fees, unless agreed otherwise.
5.5. Subscription Fees
Some of the services provided through the Platform may be subject to subscription fees payable on a recurrent basis. By concluding a service contract that is subject to subscription fees, the user agrees to pay such subscription fees for each billing cycle in accordance with this Agreement, the terms and conditions of the respective Service Contract, and other terms and conditions in force at the moment the service contract is concluded. Subscription fees are charged automatically at the beginning of each billing cycle.
5.6. Premium Features
Feedni may offer premium features to the Platform that allow the user to upgrade the Account, get exclusive offers, or use the functionalities of the Platform not available to standard users. Such premium features are subject to additional fees as specified on the Platform. Feedni reserves the right, at its sole discretion, to introduce, amend, or cease premium features at any time with or without a prior notice to the user.
5.7. Membership Fees
Feedni reserves the right to charge the users membership fees for maintaining the Accounts. The membership fees may vary depending on the level of participation, privileges, premium services, and other additional features on the Platform. The membership fees (if any) shall be made available on the Platform.
The Fees exclude all applicable taxes (e.g., VAT, GST, and other sales taxes), levies, or duties imposed by taxing authorities. Unless otherwise stated in the schedule of the Fees, the users are responsible for paying all applicable taxes, levies, and duties, including the tax applicable to the services provided or received under the Service Contract, and excluding local taxes based solely on Feedni’s income. If Feedni is required by law to collect taxes in the jurisdiction of the Provider, any amounts that Feedni is required to collect or withhold for the payment of such taxes shall be collected from the Provider in addition to the Compensation.
5.9. No introduction
Feedni does not engage in introducing the Seekers to the Providers and does not assist the Providers to secure projects on the Platform. However, Providers may pay for tools made available by the platform to generate leads for their business.
Unless agreed otherwise by the Seeker, the Provider agrees to cover all reasonable expenses incurred with regard to the services, including, but not limited to, software costs, sub-contractors’ fees, fees for the services provided by third parties, postage and copying expenses, long-distance and/or international telecommunications expenses, transportation costs, lodging and meals. The Provider shall be solely responsible for providing evidence to the Seeker of the expenses incurred (e.g., invoices).
6. Payment Terms
Section 6 explains what payment terms apply with regard to the Service Contracts.
6.1. Billing of the Service Contracts
The Service Contracts are billable, and the Fees related thereto are transferred from Seeker’s payment method and secured by Feedni immediately upon Seeker’s acceptance of the Service Contract.When the Seeker approves the Service Contract (i.e. approves the deliverables delivered by the Provider), the Seeker automatically and irrevocably authorises the payment of the Compensation to the Provider and the Commission to Feedni.
6.2. Additional features to the Service Contracts
In addition to the Service Contracts, the Seekers are entitled to purchase (i) bulk packages of bookings that allow the Seeker to use a discount for the Fees, and (ii) add-ons to the Service Contracts that allows the Seeker to use additional features, products, and services.
6.3. Pay-outs to Providers
The pay-out of the Compensation is subject to successful completion of the Service Contract and approval of the deliverables by the Seeker. Feedni will transfer the Compensation generated by the Provider (i.e., the Fees minus the Commission payable to Feedni) to Provider’s Account within 15 calendar days commencing at the end of then-current billing cycle. The said pay-outs are subject to the transfer fees payable by the Provider. Feedni reserves the right but is no under any obligation to offer free-of charge transfers if the Provider reaches the earnings threshold set by Feedni. The Provider shall be entitled to withdraw the funds from the Provider’s Account to the Provider’s payment method within the period of 30 calendar days; after the expiration of the said period, the funds will be withdrawn to the Provider’s payment method automatically. The Provider acknowledges and agrees that: (i) any payment made by the Seeker to the Provider through the Platform shall be considered as payment by the Seeker directly to the Provider; (ii) the Provider will not charge the Seeker any additional fees for the Service Contracts, unless agreed otherwise between the Seeker and the Provider; (iii) Feedni accepts payments from the Seekers as Provider’s limited payment collection agent; (iv) Feedni’s obligation to pay out the Compensation is subject to and conditional upon successful completion of the Service Contract and receipt of the associated payments of the Fees from the Seekers; and (v) Feedni is not responsible for transferring the funds that have not been successfully obtained from the Seekers. The Providers are responsible for paying any and all applicable transfer costs charged by payment processors.
6.4. Suspension of Pay-outs to Providers
Feedni reserves the right, as deemed appropriate and in its sole discretion, to suspend the pay-outs of the Compensation to the Providers if any of the following occurs:
- Feedni requires additional information or verification from the Provider (e.g. tax information or proof of identity);
- Feedni has a reason to believe the Fees, or the Service Contract may be subject to dispute or chargeback;
- Feedni suspects that the user has engaged in fraud through the Platform or violated this Agreement; or
- Feedni deems it necessary in connection with investigation or upon request of a public authority.
Feedni reserves the right, to the extent permitted by the applicable law, to seek reimbursement from the user or use other remedies available under the applicable law, if any of the following occurs:
- Feedni suspects that the user engaged in fraud associated with payments, withdrawals, or the Service Contract;
- Feedni discovers that the Service Contract is erroneous or duplicated; or
- Feedni receives a chargeback from your payment method, provided that Feedni has complied with its obligations under the Agreement.
If the Seeker fails to pay the Fees due, Feedni shall be entitled to the following remedies, in addition to other remedies that may be available under the applicable law:
- Temporarily or permanently close Seeker’s Account;
- Revoke Seeker’s access to the Platform;
- Seek from the Seeker all amounts due plus interest of 1.5% per month on the outstanding amounts, or the maximum interest permitted by the applicable laws;
- Charge the Seeker, with or without notice, all, or a portion of the amounts due; and
- Report the Seeker to credit reporting agencies and law enforcement authorities and cooperate with them in investigation and prosecution.
6.7. No Return of Funds and No Chargebacks
The Seeker hereby acknowledges and agrees that Feedni will charge or debit Seeker’s designated payment method for the Fees due. The said charge or debit is non-refundable, except if otherwise required by applicable law. All disputes related to the Service Contracts should be resolved by the Contractors or addressed to Feedni. To the extent permitted by applicable law, the Seeker agrees not to ask its credit card company, bank, or other payment service provider to charge back any Fees or other amounts paid through the Platform for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Agreement.
6.8. Payment Processors
All payments related to the Platform, including payment of the Fees, pay-outs to the Providers, are processed by Feedni’s third-party payment processors Network International LLC (collectively, the “Payment Processors”). You hereby authorise Feedni to (i) verify your Payment Processor and (ii) charge your Payment Processor, where necessary. The Payment Processors are solely responsible for handling your payments. You agree not to hold Feedni liable for payments that do not reach Feedni or the Providers because you have quoted incorrect payment information, or the Payment Processors refused the payment for any other reason. Please note that the Payment Processors may collect from you some personal data, which will allow them to make the payments requested by you (e.g., your name, credit card details, payment account information, or any other required personal data). You hereby represent, warrant, and covenant that (i) you are legally authorised to make and receive payments by using the chosen Payment Processor and provide payment details related thereto and (ii) your use of the Payment Processor does not and will not violate the terms and conditions applicable to your use of the Payment Processor or the applicable laws. The Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing. For the payment service agreements and policies applicable to your payments, please refer to the website of your chosen Payment Processor.
The invoices for the payments made or received through the Platform (the “Invoices”), are generated automatically and can be reviewed and downloaded through your Account. Please make sure that all information in respect to your Account is accurate and up to date so that the Invoices can be generated correctly. Feedni accepts no responsibility if the Invoices are erroneous due to your failure to comply with this Agreement.
6.10. Currency Conversion
All fees featured on the Platform are in the United States dollars (USD), unless another currency has been chosen by you, subject to Feedni currency conversion rates. If you make or request payments in other currencies, the payments will be converted by using then-current foreign currency conversion rates set by Feedni. The currency conversion rates, and the available foreign currencies shall be made available on the Platform or through the Payment Processor. The currency conversion rates adjust regularly based on (i) market conditions and (ii) the amounts payable. The Payment Processor may charge fees for the foreign currency conversion. All conversions are made at your own risk and Feedni is not responsible for currency fluctuations that occur when receiving or sending payments through the Platform.
Section 7 discusses your obligation to make and receive payments through the Platform only. If you decide to pay or accept payments outside the Platform, your Account will be suspended immediately.
7.1. Making Payments Through the Platform
You hereby acknowledge and agree that (i) all payments for the Service Contracts must be made and accepted through the Platform only, (ii) the Platform must be used as your exclusive method to request, make, and receive the payments, and (iii) your violation of this section 7.1 is a material breach of the Agreement and, therefore, your Account may be permanently suspended. The said obligation is valid at all times when the communication or transactions are carried out by and between the Seekers, the Providers, and the Agencies through the Platform. By way of illustration, you are not allowed to:
- Offer, solicit, accept any offers or solicitations, contract, hire, pay, receive payments, or invoice other users outside the Platform;
- Request or issue an invoice for an amount lower than the actual agreed Fees; and
- Refer other users to third parties for making or receiving payments.
7.2. Not Sharing Contact Details
The users must use the Platform as a sole manner of communicating before entering the Service Contract. A violation of this section 7.2 is a material breach of the Agreement and, therefore, your Account may be permanently suspended. Unless allowed otherwise on the Platform, the users are not allowed to:
- Provide contact details to any user of the Platform. The term ‘contact details’ hereinafter should be understood broadly as a means to contact the user, including, without limitation, user’s phone number, email address, social media account, address, a link to a contact form, information about third-party communication tools like Skype, WhatsApp, WeChat, Facebook, Slack, or Viber;
- Use user’s contact details to attempt to or to contact, communicate with, solicit, or find the contact information about the user outside of the Platform;
- Provide, ask, or attempt to identify contact details of any user through public means; or
- Include your contact details into any proposal, job offering, description, message, invitation, or other pre-hiring communication.
7.3. Opting Out
You may opt-out from your obligations specified in sections 7.1 and 7.2 by paying a conversion fee determined by Feedni. Please contact Feedni for more information.
8. Quality Assurances and Penalties
Section 8 outlines the acceptable use policy and lists the measures Feedni takes if you do not comply with the terms of this Agreement.
When using the Platform, you are required to follow our acceptable use policy outlined in this Section 8. Please be advised that Feedni works closely with law enforcement and reports any inappropriate content that may infringe applicable laws.
8.2. Breach of Acceptable Use
You are not permitted to use the Platform in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Breach of any provision of this Agreement and/or the Service Contracts;
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Provision of false, inaccurate, or misleading information;
- Dissemination of information about the acts that may result in injuries and physical harm;
- Any activities that are regulated by the applicable laws;
- Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Platform;
- Interfering with or abusing other users of the Platform;
- Using bots, scripts, and other automated methods; and
- Collecting and disclosing any information about other users of the Platform.
In addition to the acceptable use policy outlined in section 8.2, the Providers agree to treat each Service Contract in a fair manner, including, without limitation, not to:
- Breach any term of the Service Contracts;
- Reject paid bookings without valid reasons;
- Modify the terms of the Service Contracts last minute and/or without prior notification to the Seekers;
- Fail to provide the Services under the Service Contract;
- Provide the Services of an insufficient quality;
- Fail to show up; or
- Request chargebacks.
8.4. Reporting Inappropriate Content or Behaviour
If you think that some of the content available on the Platform or a behaviour of a user is inappropriate, infringes the terms of this Agreement, applicable laws, your or other person’s right to privacy, please immediately contact Feedni. If any user is reported, Feedni will immediately investigate the conduct of the reported user.
Feedni reserves the right to take one or more of the following actions if Feedni, at its sole discretion, has grounds to believe that your use of the Platform seriously and repeatedly breaches this Agreement, and it is appropriate, necessary, or desirable to do so:
- Send you a formal warning;
- Appy Feedni Strike Program, where (i) each user’s offence is subject to a number of strikes, depending on the severity of the offence and (ii) 10 strikes collected by a single user shall result in a temporary or permanent suspension of user’s access to the Platform;
- Temporary or permanently suspend your access to the Platform;
- Impose financial penalties;
- Report you to the relevant public authorities; or
- Commence a legal action against you.
9. Records of Compliance
Section 9 states that you agree to make and keep all required records related to your use of the Platform.
You agree to create and maintain records that document your compliance with this Agreement, including, but not limited to, payment obligations and compliance with tax and employment laws. Upon request of Feedni, you agree to provide copies of the said records to Feedni or any third parties acting on behalf of Feedni. You are solely responsible for creating, maintaining, storing, and backing up your records. Nothing in this Agreement is construed as a requirement for Feedni to (i) monitor or assess your compliance with the Agreement or the terms of the Service Contracts or (ii) store, backup, retain, or grant access to the records.
10. Warranty Disclaimer
Section 10 disclaims all Feedni’s warranties with regard to the Platform.
Feedni provides the Platform on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, Feedni does not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Platform, any content featured on the Platform, whether provider by Feedni, the users, or by third parties, and hereby disclaims all warranties regarding the Platform and its operation. It is your sole responsibility to verify and assess the fit for the purpose of the Platform prior to using it and to decide whether or not the Platform fits for the intended use. By using the Platform, you acknowledge that Feedni may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of Feedni’s reasonable control. To the maximum extent permitted by law, Feedni excludes any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers. Nothing in is Agreement shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
11. Limitation of Liability
Section 11 limits Feedni’s liability with regard to the Platform.
Unless otherwise excluded or limited by the applicable law, Feedni will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of the Platform, the services provided under the Service Contract, any content made available through the Platform, whether provided by Feedni, the Provider, the Seeker, the Agency, or by third parties, or any transactions concluded through the Platform.
Section 12 how you release Feedni from legal claims.
You hereby absolutely and unconditionally release and forever discharge Feedni and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which you have had, now has or have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Agreement, whether such claims, demands and causes of action are matured or unmatured or known or unknown.
Section 13 explains that you agree to defend Feedni against all claims.
You hereby agree to indemnify, defend, save, and hold harmless Feedni, its members, officers, directors, and other agents from and against all claims, liabilities, causes of action, damages, judgments, attorneys’ fees, court costs, and expenses which arise out of or are related to your use of the Platform, the Service Contracts, violation of the rights of a third party, failure to perform as required, or result from conduct while engaging in any activity outside the scope of this Agreement before, during or after the termination of the Agreement. This obligation of indemnification survives the expiration or termination of the Agreement. You agree to cooperate with any and all litigation arising from or related to the Platform or Feedni, as appropriate.
14. Term and Termination
Section 14 states when this Agreement starts, terminates, and is subject to amendment.
This Agreement shall commence on the day the user accepts it or starts using the Platform and continue until the user ceases to use the Platform (e.g. by deleting the Account), unless terminated earlier by Feedni.
Feedni reserves the right, at its sole discretion with or without a notice to the user, to terminate this Agreement. The Agreement shall be terminated automatically if the user breaches any provision of the Agreement.
Feedni reserves the right to modify this Agreement at any time, effective upon posting of an updated version on the Platform. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of the Platform, or Feedni’s business practices. Feedni will send you a notification (if it has your email address) about any material amendments to the Agreement that may be of importance to you. You are responsible for regularly reviewing this Agreement to stay informed. Your continued use of the Platform after any changes shall constitute your consent to such changes. Feedni also reserves the right to modify the services provided through the Platform at any time, at our sole discretion.
14.4. Account Data on Closure
Unless required otherwise by law, Feedni shall disable your access to the Account and any data related thereto (including, without limitation, your messages, files, or any content store) upon closure of the Account for any reason. Feedni shall not have any liability whatsoever for your inability to access the Account and the said data.
After termination of the Agreement, the provisions of the Agreement that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect.
15. Disputes Between You and Feedni
Section 15 explains how disputes can be resolved and which law governs this Agreement.
15.1. Dispute Resolution
You agree to resolve any disputes arising out of or relating to this Agreement by means of negotiation with Feedni. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the binding online arbitration. This Section 15.1 does not affect any statutory rights that you are entitled to as a consumer.
15.2. Governing Law
This Agreement shall be governed and construed in accordance with the laws of Abu Dhabi’s International Financial Centre, without regard to its conflicts of law provisions.
16. Intellectual Property
16.1. Feedni Content
Most of the content available on the Platform, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, “Feedni Content”) is owned by Feedni, its partners, agents, licensors, vendors, and/or other content providers. Feedni Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from Feedni, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to Feedni Content to third parties, or use any manual or automated means to scrape any content available on the Platform.
16.2. Feedni Brand
You may not use the brand, the word or figurative trademarks associated with the Platform, Feedni, or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that Feedni sponsors, endorses, or associates with you without obtaining prior written consent from Feedni.
16.3. Third-party Intellectual Property
Some of the intellectual property assets, such as third-party trademarks, featured on the Platform may be owned by other third parties. Such third-party intellectual property does not belong to Feedni, and it remains the property of the respective third-party proprietors.
16.4. Copyright Infringement Claims
If you have any grounds to believe that any content available on the Platform violates your or third party’s intellectual property rights, please contact Feedni and express your concerns or request to remove the allegedly infringing content. Feedni will reply to your copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim, please make sure that you sign it and include information that would allow Feedni to locate the allegedly infringing content.
16.5. Your Content
You may upload and submit various content, such as advertisements, CVs, descriptions of your business activities, text messages, photos, videos, links, reviews, and files (collectively, “Your Content”) through the Platform. Please note that some of Your Content may become available to other users of the Platform (e.g., if you use the Platform as the Provider, the Seekers will be able to see some of Your Content). Therefore, you must (i) exercise your due diligence when uploading Your Content onto the Platform, (ii) not to make any sensitive information publicly available to other users of the Platform, and (iii) make sure that, by uploading Your Content onto the Platform, you comply with this Agreement and all applicable laws, including intellectual property laws. You grant Feedni unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of carrying out Feedni’s legitimate business interests. Feedni reserves the right, at its sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates this Agreement or may harm the reputation of the Platform. Your Content includes your personal views and recommendations. None of Your Content reflects Feedni’s views, recommendations, endorsement, or any commitments related thereto.
17. Final Provisions
17.1. Entire Agreement
This Agreement, together with the documents referred to therein, represents the entire agreement between you and Feedni regarding your relationship with Feedni.
A failure of either party to the Agreement to enforce strictly a provision of this Agreement shall in no event be considered a waiver of any part of such provision. No waiver by either party of any breach or default by the other party shall operate as a waiver of any succeeding breach or other default or breach by such other party. No waiver shall have any effect unless it is specific, irrevocable and in writing.
You are not allowed to assign your rights under this Agreement. Feedni is entitled to transfer its rights and obligations under this Agreement entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate this Agreement with immediate effect by deleting the Account and stopping to use the Platform.
To the extent that any provision of this Agreement is deemed unenforceable, all remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect.
17.5. Force Majeure
The availability of the Platform may be affected by factors, which Feedni cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or force majeure events; Feedni takes no responsibility for the unavailability of the Platform caused by such factors. The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of, any obligation hereunder for a reasonable period due to the factors mentioned in the preceding sentence.
17.6. Prevailing Language and Location
The English language version of the Agreement will be controlling in all respects and will prevail in case of any inconsistencies with translated versions. The Platform is controlled and operated from Feedni’s facilities based in Abu Dhabi’s International Financial Centre (ADGM).
17.7. Access From Abroad
Feedni does not represent that the Platform is appropriate or available from outside the United Arab Emirates or other countries as specified on the Platform. The users accessing the Platform from outside the United Arab Emirates do so at their own risk and are entirely responsible for compliance with all applicable laws and regulations.
17.8. Electronic Records
Any notices related to your use of the Platform shall be delivered electronically and not in paper form. By concluding this Agreement, you agree to receive the said notices in electronic form.
- Email address: firstname.lastname@example.org
- Mail address: P. O. Box 969751 Abu Dhabi, UAE
- Phone number: +971-50-9876565
- Registration number: ADGM 000005175