§ 1 Scope of application

(1) These general Terms and Conditions (T&C) apply to the products and services offered by us, ArchExperts GmbH, Bussardweg 18, 41468 Neuss (hereinafter also referred to as "the Provider"), via our website https://www.archexperts.com in the legal relationship between us and the persons who use these websites within the framework of a contract concluded between us (hereinafter also referred to as the "Customer").

(2) These T&C can be requested by the customer at any time by e-mail to support@archexperts.com or in writing.

(3) By registering on our website https://www.archexperts.com/ or booking one of the services and products offered there, the customer accepts the current version of these T&C as binding for all legal relationships between him and the provider.

(4) The legal relationship between us and the customer shall be governed exclusively by these T&C. Any deviating provisions or regulations of the customer are hereby expressly rejected. Deviating provisions or regulations of the customer shall not apply even if we do not expressly object to them individually.

§ 2 Conclusion of contract with the portal - subject matter of the contract - customer data

(1) The object of the contract is the use of an online marketplace on which the services of freelancers, sole traders and businesses in the fields of architectural design, interior design, landscape design, visualization, CAD drawing, technical building equipment and similar fields can be booked and provided by means of online work.

(2) When the user registers on our portal, a contract is created with regard to the use of the functions of our website that are available to registered customers.

(3) The contract for the use of the functions on our websites is concluded when the customer goes through the following steps:

a.  Selection of the registration for the request to a Task Assignee/expert/service provider;

b.  Enter your personal data;

c.  Confirm your personal data and registration by clicking on the "Register" button;

(4) A contract for the use of our websites and the functions offered thereon is concluded upon confirmation of the customer's registration on our portal.

(5) We are entitled to refuse the registration or booking of a customer if the customer violates applicable law or the T&C.

(6) The data provided by the customer during registration will be stored by us after completion of the order process. With regard to the storage, use and processing of the customer's personal data, we refer to our dedicated privacy policy https://www.archexperts.com/info/cookie-policy-archexperts

§ 3 Conclusion of contract with the processor - placing an order

(1)   A contract for the processing of an order is only concluded with the expert registered on our portal, but not with us. The processor carries out the work on their own account and under their own responsibility. We merely provide the platform on which the customer and the processor can contact each other. We act as trustee for the fees paid by the customer. The customer retains control and decision-making power over the use of these funds for the processing of an order. We hold the funds in a fiduciary capacity to ensure that they are disbursed to the processor in accordance with the client's instructions. The placement of an order by the customer does not constitute a binding offer, but merely an invitation to processors to submit an offer for processing.

(2)   The setting of an order is carried out according to the following technical steps:

a. Click on "Post a New Project"

b. Select a category (e.g. architecture, interior design, CAD drafting, etc.);

c. Selection of a subcategory (e.g. residential building, working environment, 3D plans, etc.)

d. Award of the project title;

e. Selection of required skills (e.g. AutoCad, Adobe Photoshop, retro style, etc.)

f.  Project description;

g. Optional information on the size of the area to be planned;

h. Optional upload of photos or documents;

i. Select the currency, define the project budget (excluding the services to be provided by the Task Assignee/expert/service provider), specify the desired completion period of the project and the desired duration of the offer period;

j. Optional selection of chargeable options (e.g. highlighting the project, obtaining a non-disclosure agreement or NDA from the potential Task Assignee, preferential positioning of the project at the top of the project list, etc.).

k. Click on the "Post Project" button

(3) Task Assignees/Experts/Service Providers can apply and submit price bids.

(4) The customer can send an offer to a Task Assignee/Expert/Service Provider by selecting him. A binding offer is submitted as soon as the customer selects the Task Assignee/Expert/Service Provider by clicking on "Request Paid Service".

(5)  A contract is concluded when the Task Assignee/Expert/Service Provider accepts the customer's offer. The customer will be informed of the acceptance or rejection of the offer by email and via a message in the portal.

(6) The customer specifies at least one milestone for each task, on reaching which the entire fee for the order or a partial amount of the total fee is paid to the Task Assignee/Expert/Service Provider. This depends on how many milestones have been created. The Task Assignee/Expert/Service Provider has the option of creating a milestone proposal. This is displayed to the customer accordingly. The customer can edit and accept the milestone proposal or reject it completely.

(7)   We are entitled to refuse orders from customers if they violate applicable law or the T&C.

§ 4 General terms and conditions of third parties

Certain features of the Platform use third-party tools and services that may be subject to separate terms and conditions. For example, the user must agree to the general Terms of Use of the e-wallet provider in order to use the e-wallet (further information on how users are asked to accept the general Terms of Use of the e-wallet provider can be found in section 5.1).

If separate terms and conditions apply to third-party tools and services, these will be linked on the Platform. These terms and conditions are made available to the user as part of the respective third-party services in a format that enables reproduction and storage and must be accepted separately if the user wishes to use these third-party services.

§ 5 Payment service and conditions

(1)  The integrated payment service is available to the customer for all charges arising in connection with this contract:

a.  E-wallet (ArchExperts wallet)

i.     E-wallet (ArchExperts wallet) - means the financial service of the E-wallet provider that enables Users to create E-wallets (ArchExperts wallet) on the Platform. In the E-wallet (ArchExperts wallet), users can deposit money in trust, receive money for services rendered, store money, withdraw money to their bank account, purchase additional services or buy services from other users on the platform.

ii.     E-wallet provider means the payment service provider of ArchExperts, MANGOPAY SA, a limited liability company incorporated in Luxembourg. MANGOPAY SA is a licensed e-money institution regulated by the Luxembourg Financial Sector Supervisory Commission ("Commission de Surveillance du Secteur Financier") and provides payment services, including the e-wallet and escrow account services on the Platform.

iii.     If a user on ArchExperts has a credit balance in the e-wallet (ArchExperts wallet), this will automatically be used for payment transactions on the platform. If the balance in the e-wallet is not sufficient to cover the entire amount due, the user has the option of paying the missing amount using other available payment methods. Topping up the e-wallet (ArchExperts wallet) with additional credit is not permitted.

iv.     Deposits to the e-wallet (ArchExperts wallet) can be made by credit card and, depending on availability on the platform, also by other payment methods.

·  Credit card:

In the event that the credit card charge is rejected, the customer undertakes to pay the price plus any costs incurred within 10 days of receiving the service. These costs include, among other things, the costs incurred due to the revocation of the credit card charge. Payments by credit card are subject to a processing fee, which is displayed to the customer before the order is sent.

v.     If there are clear and comprehensible indications of suspicion that, for example, credit cards or payment information have been used without authorization, it is possible that the payment will be cancelled or the buyer will be asked to provide additional evidence.

(2)   Setup E-wallet (ArchExperts wallet)

a.     The E-wallet (ArchExperts wallet) is a payment service provided by the E-wallet provider. By setting up an E-wallet (ArchExperts wallet) on ArchExperts, the User concludes a contract directly with the e-wallet provider and accepts its general Terms and Conditions of Use. Before the first money transaction on ArchExperts, the user is asked to create his/her user profile. In order to create the E-wallet (ArchExperts wallet), the data provided by the user such as first name, last name, e-mail address, nationality and place of residence are used. Before setting up the E-wallet (ArchExperts wallet), users are asked to accept these terms and conditions.

(3)   User identity checks:

a.     Once the e-wallet (ArchExperts wallet) is set up, the user is subject to the regulatory procedures applied by the e-wallet provider, such as identity checks and other elements of the "Know Your Customer" (KYC) procedure, when the relevant financial thresholds are reached. The financial thresholds are set by the e-wallet provider and are based on the total amount of withdrawals made by the user.

b.     In addition to the defined thresholds, the e-wallet provider may also carry out customer identity checks on the user if fraudulent or conspicuous behavior is suspected. The user may be asked to provide additional information requested by the e-wallet provider, such as a copy of their passport, ID card or driver's license, and in some cases proof of residence and/or a bank statement (more details can be found here).

c.      If the User fails to provide the requested documents from the e-wallet provider, the User's E-wallet (ArchExperts wallet) may be blocked and the User will not be able to make withdrawals until his/her identity is confirmed. The E-wallet provider may also restrict the user's ability to process transactions via the E-wallet (ArchExperts wallet). If a user has committed an illegal act, such as uploading forged documents or other illegal behavior, and the E-wallet provider classifies this user as fraudulent, the user will not be able to pass the customer identity check. In such cases, the user will not be able to make withdrawals or access their funds.

(4)   Transferring funds from an e-wallet (ArchExperts wallet)

a.     Users have the option of transferring funds from their E-wallet (ArchExperts wallet) to their bank account. This transfer is carried out by the E-wallet provider. To activate this option, the user must first go to their account settings and enter their bank account number, full name and address. Withdrawals can be made from the amounts available in the E-wallet (ArchExperts wallet) to the users' bank accounts. If a user reaches certain thresholds or the e-wallet provider suspects fraudulent or conspicuous activity by the user, the user will not be able to transfer funds until the customer identity check has been fully completed.

§6 Fees - Terms of payment

(1)   The total fee and the respective partial fee to be paid upon reaching a milestone must be determined in advance for each order.

(2)   The amount specified for the next milestone must be paid in advance into a project-related E-Wallet (ArchExperts wallet). The E-wallet provider holds the amount in an escrow account until the customer and the processor confirm that the milestone has been reached.

(3)   The processor confirms the achievement of a milestone via the corresponding input screen. The customer receives a notification and can in turn confirm the achievement of the milestone in the corresponding input mask. After confirmation by both parties, the provider pays the amount deposited for the milestone to the processor within 14 working days, less a service fee, in accordance with the membership model valid at the time the offer was submitted.

ArchExperts supports its users in payment processing by the E-wallet provider and the integrated payment service provider and offers them assistance for these services. At the same time, it is clarified that ArchExperts itself does not provide payment processing for the users. Users are responsible for providing correct information in connection with the achievement of milestones or payment methods.

(4)   The following means of payment are available to the customer for all charges arising in connection with this contract:

a.     Credit card

(5)   Other payment methods are currently not offered and will be rejected.

(6)   The user may be charged platform fees when depositing amounts on the platform. The amount of the fees includes a one-time fee and a percentage of the deposited amount.

Example:

-      0,45 EUR + 3 % of the deposited amount

The exact platform fees are displayed transparently on our website and are subject to change. By using our platform, you agree to the current platform fees.

(7)   Additional external charges may apply for payments in other currencies or for cross-border payments.

(8)   The Task Assignee/Expert/Service Provider is solely responsible for invoicing in connection with the services provided. This includes the creation, dispatch and management of invoices to customers. The Task Assignee/Expert/Service Provider undertakes to comply with all applicable tax and legal requirements in connection with invoicing. The platform offers tools and functions to support invoicing, but the actual creation and management of invoices is the responsibility of the Task Assignee/Expert/Service Provider. The invoice can be made available to the customer by the Task Assignee/Expert/Service Provider for download via the portal.

(9)   The customer is only entitled to set-off rights if his counterclaims are legally established, undisputed, recognized by the provider or synallagmatically linked to the provider's main claim. If the customer is an entrepreneur, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

§7 Booking an option to highlight the project

(1)   Customers can book a highlighting option for their project. This entitles customers to highlight their projects on the platform for a specified period of time in order to increase their visibility.

(2)   The fee for the highlighting option is displayed to the customer before the order is placed. The fee for booking the option is due immediately when the order is placed and is non-refundable.

§8 Booking an option for preferential positioning of the project at the top of the project list

(1)   Customers can book an option for preferential positioning of their project at the top of the project list. This entitles the customer to preferential positioning of their project on the platform for a defined period of time in order to increase its urgency.

(2)   The fee for the preferred positioning is shown to the customer before the order is placed. The fee for booking the option is due immediately when the order is placed and is non-refundable.

§9 Sending/receiving tips (tipping)

The platform allows customers to voluntarily tip Task Assignees/Experts/Service Providers or make additional payments to express their satisfaction or appreciation. Service providers who have a paid membership have access to this feature and can receive tips from customers. All tips received will be processed in accordance with the platform's current payout policy and their paid membership conditions.

§10 Rating and Messaging Systems

(1)   Rating System

As a user of ArchExperts' website, you commit to evaluating the performance of counterparts with whom you conduct business on the platform. Similarly, counterparts are expected to assess your performance. Experts may receive ratings based on various factors such as work quality, meeting deadlines, and professionalism. On the other hand, clients may be rated on criteria like the clarity of job descriptions, communication effectiveness, promptness of payments, collaboration during projects, and the likelihood of rehiring. ArchExperts will make consolidated user ratings available for public viewing, encompassing expert ratings, profile details, and general background check information for clients, and client ratings and profiles for experts.

Users acknowledge that ArchExperts retains the right to determine if ratings violate the platform's terms of use. Ratings containing inappropriate content may be removed, and access to ArchExperts services may be revoked. Additionally, ArchExperts reserves the discretion to delete any ratings, either partially or entirely, from the platform. Users who post defamatory or legally actionable content will bear exclusive responsibility.

(2)   Messaging System

ArchExperts provides an online messaging system for user communication, to be utilized in accordance with platform guidelines.

a. Liability

ArchExperts holds no responsibility or liability for user conduct or expressed opinions submitted through its website, including the messaging system, or for privately shared content among registered users, such as client and expert ratings. The platform serves as a conduit for content distribution and does not assume responsibility for exchanged content. Users are solely accountable for ensuring that their content adheres to intellectual property rights and other legal regulations.

b. Monitoring

ArchExperts retains the right to monitor content submitted through its messaging and rating systems to ensure compliance with its terms of use and other established rules. The platform may modify or delete material found to contravene its terms or deemed objectionable. Users are accountable for the content they post on the platform

§ 13 Arbitration

(1)   Customers and processors can create a chargeable support ticket if there are discrepancies regarding the processing of the order, for example in the event of delayed or faulty processing.

(2)   After a support ticket has been created, an employee of the provider will review the draft and the milestones. After review, the employee will submit a proposal for mediation. This proposal may include, for example, the waiver of fees or the assertion of claims for delay or defects. The parties can accept or reject the proposal.

(3)   There is currently no fee for the ticket creator for involving an employee in a support ticket.

(4)   If the arbitration proposal is rejected, the following § 14 shall apply.

§ 14 Defects in the results

(1)   No payment shall be made to the Task Assignee/Expert/Service Provider if the customer has objected to defects in the results and an arbitration procedure in accordance with § 13 above was unsuccessful. Deposited amounts shall be paid out to the customer no later than 14 days after the arbitration procedure has been terminated. Claims based on defects must be asserted directly against the processor outside the conciliation procedure.

(2)   Fees for the booking of a recruiter shall not be refunded to the customer even if the customer successfully asserts claims against the Task Assignee/Expert/Service Provider due to defects. The fees for booking a recruiter are incurred for a service provided by the provider and are therefore not affected by any repayment claims against the Task Assignee/Expert/Service Provider.

§ 15 Contract terms - Termination of contract

(1)   The contractual relationship between us and the customer exists for the duration of the customer's active registration on our websites.

(2)   The customer can delete his customer profile at any time and thus terminate the contractual relationship. Payments already made to us will not be refunded. All data linked to the customer profile will be irrevocably deleted from the website. All personal data will be deleted from the internal databases, unless the provider is obliged to store certain data for the performance of this contract or by law.

§ 16 Obligations of the customer

(1)   The customer is solely responsible for the completeness and accuracy of all data entered by the customer in the input masks on our website or transmitted in any other way. We are entitled to leave inquiries unprocessed if the data entered by the customer in our input masks or otherwise transmitted proves to be incorrect, untrue or insufficient. Furthermore, we reserve the right to demand compensation from the customer for any resulting damages in the event that the customer intentionally transmits or otherwise provides incorrect data.

(2)   The customer may not create or link to any content that is unlawful or immoral, offensive, threatening, glorifies violence, is racist or sexually offensive or could be understood as such by an unbiased, objective observer, that violates copyright, competition law or trademark rights or that is likely to offend the religious feelings of others, denigrate political dissidents or morally endanger children or young people or impair their well-being.

(3)   The customer undertakes not to carry out any advertising of his own or for third parties in the context of a published project or within a specially submitted evaluation. The provider is entitled to remove any unauthorized advertising content. In the event of repeated incidents, the provider is entitled to block the customer's account.

(4)   The customer shall indemnify us against all claims asserted against us by third parties due to a breach of the aforementioned obligations by the customer.

§ 17 Copyright and rights of use

(1)   All copyrights, rights of use or industrial property rights to the content, illustrations, logos, graphics and images on our pages or within our software as well as to the software and database on which our offer is based remain with us or the respective rights holder.

(2)   Upon conclusion of an order, all rights of use shall be transferred to the client exclusively, spatially and for an unlimited period of time.

ArchExperts receives a spatially and temporally unlimited right of use to the images and results of orders for the purpose of advertising the portal and the functions and services offered on it. This is not the case if a non-disclosure agreement (NDA) on the website has been concluded between the customer and the processor. ArchExperts undertakes to also comply with this NDA.

§ 18 Warranty and liability - Exclusion of liability

(1)   The presentation of the data and information provided on our website and in our software with regard to the projects and data of customers and Task Assignees/Experts/Service Providers is based on the information provided by the respective customer or Task Assignee/Expert/Service Provider. We therefore accept no liability for the topicality, completeness and accuracy of the information presented there regarding the projects and data of customers and Task Assignees/Experts/Service Providers. We also accept no liability for the prompt, complete and correct forwarding of data between customers and Task Assignees/Experts/Service Providers. We are not liable for any damages or losses arising from the use of the website or the services offered.

(2)   We have no influence on the availability of the projects and Task Assignees/Experts/Service Providers presented on our website. We therefore accept no liability for the availability of projects and Task Assignees/Experts/Service Providers. We make no promises, guarantees or other assurances in the legal sense with regard to the projects and Task Assignees/Experts/Service Providers.

(3)   Our goal is the universal usability of the functions and services on our website, regardless of the other hardware and software used by the customer or Task Assignee/Expert/Service Provider. Nevertheless, we cannot rule out the possibility that there are hardware and software configurations with which the services we offer cannot be used or can only be used to a limited extent. We therefore exclude any liability for the limited or non-existent usability of our services if this is due to the customer's or Task Assignee’s/Expert’s/Service Provider’s choice of a specific hardware or software configuration. In such cases, however, we shall endeavor to restore usability as quickly as possible in cooperation with the customer or Task Assignee/Expert/Service Provider.

(4)   We exclude any liability for short-term, insignificant disruptions to the accessibility of our websites or disruptions beyond our control. This also applies in particular to disruptions to accessibility due to maintenance work on the website or server structure on which our service is based. Maintenance work is usually carried out on Tuesdays between 05:00 (CET) and 07:00 (CET). These cases do not entitle customers and Task Assignees/Experts/Service Providers to a reduction, termination or the assertion of any claims for compensation. Liability for disruptions caused by the unauthorized use of the customer's or Task Assignee’s/Expert’s/Service Provider’s access data is also excluded if the customer or Task Assignee/Expert/Service Provider is responsible for this unauthorized use.

(5)   Furthermore, we are only liable for intent and gross negligence as well as for damages resulting from injury to life, body or health that are based on a culpable breach of duty by us or by one of our legal representatives or vicarious Task Assignees. For damages resulting from a slightly negligent breach of material contractual obligations for which we are responsible, we shall only be liable for foreseeable damages typical of the contract. Material contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract between us and the customer and on whose compliance the customer regularly relies and may rely. Otherwise there is no liability.

(6)   Our website contains links and references to third-party websites. These are not operated by us. We also have no influence on the content presented on these sites. We accept no liability for the content of these websites, nor do we adopt this content as our own. We do not control the content on these sites. We are not aware of any violations of applicable law on these pages.

(7)   We accept no liability for fraudulent transactions between users on the platform. We merely provide the platform and assume no responsibility for actions beyond our control. We recommend that all users conduct a thorough review of project and user information prior to transactions to minimize potential risks.

§ 19 Right of withdrawal for services rendered and immediate services

In accordance with the applicable laws on distance selling and consumer protection, you as a consumer have the right to withdraw from the contract within 14 days without giving any reason.

(1)   Exception for services already rendered:

Please note that this right of revocation expires if the service has been provided in full and execution has only begun after you have expressly agreed that we may begin execution and you thereby lose your right of revocation.

(2)   Deadline for revocation

The withdrawal period is 14 days from the date of conclusion of the contract.

(3)   Consequences of revocation

If you withdraw from the contract, we shall reimburse to you all payments received from you, including any costs incurred, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

(4)   Right of withdrawal and immediate services

By booking services on our platform, you agree that the statutory right of withdrawal pursuant to Section 312g (2) No. 1 BGB (German Civil Code) is excluded for services that are provided immediately after booking or immediately after use. This applies in particular to expert services that require immediate attention and are individually tailored to your requirements. The waiver of the right of withdrawal becomes effective as soon as you confirm the booking and make use of the services.

§ 20 Data protection

We take the protection of customer data seriously. A comprehensive explanation of how we collect, store and process data can be found in our privacy policy. The privacy policy is available at the following link: https://www.archexperts.com/info/cookie-policy-archexperts. The privacy policy of our payment service provider can be found at the following link: https://mangopay.com/privacy-statement.

§ 21 Form of declarations

Legally relevant declarations and notifications which the customer must make to us or a third party must be made in writing.

§ 22 Place of performance - choice of law - place of jurisdiction

(1)   The statutory provisions on the places of jurisdiction shall remain unaffected, unless otherwise stipulated in the special provision of paragraph 3.

(2)   The law of the Federal Republic of Germany shall apply to contracts in accordance with these General Terms and Conditions.

(3)   If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be our registered office. However, we are also entitled to sue the customer at the court of his place of residence. In the case of a contract with a consumer, the place of jurisdiction shall be our place of business if the customer moves his place of residence or habitual abode outside the territory of the Federal Republic of Germany after conclusion of the contract. This shall also apply if the customer's domicile or habitual residence is unknown at the time the action is brought.

§ 23 Tax Responsibilities

(1) The platform ArchExperts GmbH does not assume direct responsibility for the reporting and payment of Value Added Tax (VAT) or any other tax obligations incurred by the Task Assignees/Experts/Service Providers. The primary responsibility for compliance with tax laws and regulations rests solely with the Task Assignees/Experts/Service Providers.

(2) The Provider shall take reasonable measures to assist Task Assignees/Experts/Service Providers in fulfilling their tax obligations, which may include providing relevant information regarding VAT and tax regulations, offering general guidance on compliance practices, or facilitating access to relevant resources.

(3) The Provider shall not be liable for any tax-related consequences arising from the Task Assignees/Experts/Service Providers failure to comply with applicable tax laws and regulations. The Task Assignees/Experts/Service Providers agrees to indemnify and hold the Provider harmless from any claims, damages, or liabilities that may result from the Partner’s non-compliance with VAT or other tax obligations.

(4) Task Assignees/Experts/Service Providers are encouraged to seek independent professional tax advice to ensure compliance with all applicable tax laws and regulations.

§ 24 Implementation of the ODR Directive

Online dispute resolution pursuant to Art. 14 para. 1 ODRVO: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/.

Our e-mail address is support@archexperts.com.

Status: September 2024, Version 1.01