Special Annex of Supplemental Terms for Provision of Services
These Supplemental Terms are in addition to the terms of the Agreement (www.discontract.com/terms) between you and Discontract. The Supplemental Terms indicated in this annex shall apply in regards to the provision of services through the Discontract platform. Capitalized terms used in this annex will have the respective meanings assigned to them in the Agreement. This special annex replaces the any other Supplemental Terms for Provision of Services to which you may have agreed previously.
Offering and Providing Services
Discontract is a platform that provides you–a professional Service Provider–with a possibility to offer your Services to potential clients, to agree on Tasks, Service provision terms, and communicate with Clients. By agreeing to these Supplemental Terms for Provision of Services, you authorize Discontract to act on your behalf with respect to you offering your Services on the Discontract platform, Clients creating Tasks, and agreeing on provision of Services, i.e. you agree that Discontract may on your behalf: (i) offer your Services to Clients; (ii) advertise the Services you provide through the Platform or engage in other marketing activities ; (iii) allow Clients to create or confirm Tasks for your Services (i.e. agree with Clients about provision of such Services); (iv) calculate Amounts Payable by Clients for Services provided, inform Clients of these payments, generate and send invoices to Clients through payment service providers chosen at Discontract's discretion, and accept Payments from Clients.
You shall, at your expense and risk, and using your own tools and materials (compensation for which must be agreed on with a Client), provide Services as indicated (agreed to by you and a Client) in a Task. You undertake to provide Services to Clients in a responsible and professional manner, in accordance with the conditions specified in agreed-upon Tasks, for a pay which will be calculated according to procedures described below in this Annex.
By providing Services, you act as an independent service provider (contractor). None of the conditions set out in the General Terms of Service or this Annex may be interpreted as condititions that create a new legal entity, joint venture, or employment relationships of any sort.
You may receive hourly-rate based payments for services performed through Discontract, as stated in the Agreement and this special annex. For the total cost of an order, the Pro Rate will be calculated on the basis of gross hourly rate per indicated working time.
You must indicate your gross pay (hourly rate) in your Account (under "Services") for each service you wish to provide. The rates on your Account are personal, i.e. only modifiable by and visible to you. The indicated Pro Rate corresponds to the hourly rate you wish to receive for your services after the Platform fee has been deducted, as set out below, and includes all taxes payable by you as a Service Provider (it will hereinafter be referred to as the Amount Payable to the Service Provider). Payment Totals visible to clients on the Discontract platform correspond to payments for services, which include the Platform Fee.
Once you have indicated your rates, Discontract will review and confirm them, or, if any manifest errors are detected, inform you accordingly. Your rates might not be visible to clients on the Discontract platform until you have been verified as a Service Provider, or a new or modified rate card has been approved.
Clients shall be charged for your Services offered through the Discontract platform in accordance to your Pro Rate plus the Platform fee per actual hours spent on a Task/providing a Service. Payments shall be made through Discontract, which reserves the right to, at its sole discretion, choose a payment service provider. Payments for any Services provided shall be due once a Task has been completed and Services provided. Discontract shall generate and issue invoices to Clients on your behalf.
The payment amounts calculated at the time of booking are estimates and may differ from the final Payment corresponding to the actual duration of any Services provided. Upon providing a Service, you must indicate the actual time spent on a Task, which shall then be taken into account when calculating the final Payment amount.
Use of the Discontract platform and any transfers set out in these Supplemental Terms for Provision of Services are subject to a Platform Fee (Platform Fee). The Platform Fee is calculated upon completion of a Task, for each separate Task that has actually been completed.
The Platform Fee is calculated as a percentage (the values of which are stated in Discontract's price list) of each indicated Pro Rate on your Account (the hourly rate you wish to receive for Services provided). When you indicate your desired hourly rate, the Discontract platfrom calculates the applicable Platform Fee and adds it to your Pro Rate. The total amount, which will be visible to Clients as the Amount to be Paid, will be displayed to you as the Client's Rate.
These amounts shall unconditionally include all taxes payable by you or on your behalf by Discontract (including, but not limited to personal income tax), and other payments related to Payments made by Clients and the Amounts Payable to the Service Provider. This means that when (i) you must, in accordance with applicable law, pay taxes or contributions, these shall be paid from the Amounts Payable to the Service Provider, or (ii) when, in accordance to applicable law, Discontract must deduct and pay taxes or contributions on your behalf, these shall be deducted from the Amount Payable to the Service Provider.
By offering your Services through the Discontract platform, you confirm that you are familiar with tax obligations, and you assume sole and full responsibility for all required and applicable taxes and contributions in respect to Services provided and payments received.
For your convenience, you may receive additional payments from Clients through the Discontract platform and its selected payment service provider, such as: payments for materials (these sums are not included in the Client or Pro Rate, and they must be agreed on with the Client separately), tolls, taxes or other payments for Service-related expenses that you may incurr when providing Services, and which you should be additionally compensated for by a Client (e.g. the cost of removing waste materials) and others. The Platform Fee shall not be applied to these additional payments.
Acting on your behalf and through a payment service provider, selected at its discretion, Discontract accepts Payments made by Clients for your Services, and, first deducting the Platform Fee, makes a transfer for the Amount Payable to the Service Provider to you. We make every reasonable effort to ensure that any due Amounts Payable to the Service Provider are made to you at least once a week.
The payments made through the Discontract Platform do not include any interest.
Discontract reserves the right to modify or withhold part or full amount of the Amount Payable to the Service Provider, if (i) we believe the Service Provider has attempted to cheat or abuse the Discontract Platform or has otherwise failed to comply with our General Terms of Service, or (ii) we have received a Client's claim in regards to your Services. A decision by Discontract to modify or withhold a payment in any way will be taken for the purposes of reaching a compromise fair to both Client and Service Provider.
You acknowledge and agree that in the interest of both parties, Discontract has the right to advertise the Services you offer on the Discontract Platform, or engage in other marketing activities. You acknowledge and agree that such advertisement or marketing do not constitute an entitlement to any additional monetary sums, Discontract's pay for such marketing services is included in the Platform Fee, and you shall not receive any additional payments for them.
You hereby acknowledge and agree that, for the benefit of both parties, Discontract and its affiliates may create more new and existent clients' demand for your services through advertisement or marketing. You acknowledge and agree that such advertisement or marketing do not constitute an entitlement to any additional monetary amounts exceeding those clearly stated in the Agreement and the annex of Supplemental Terms for Provision of Services.
Consent and Information Accuracy
Before you register as a Service Provider or when you provide Services to Clients, Discontract may request you to submit information about yourself and your activities, including: (i) a valid identity document, (ii) business activity number, (iii) other information required for tax or legal purposes.
Your continued use of the Discontract platform constitutes your acceptance of and agreement to all of the terms and conditions in this annex of Special Terms for Provision of Services.