§ 1 Scope of application

(1) These General Terms and Conditions (GTC) 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 freelancers, sole traders, or companies who offer services on our websites as processors and service providers (hereinafter also referred to as "Partner") within the framework of the contract on which these General Terms and Conditions are based.

(2)   These GTC can be requested by the Partners at any time by e-mail to support@archepxerts.com or in writing.

(3)  “Services" refers to the professional services provided by the Partner in the areas of architectural design, interior design, landscape design, visualization, CAD drawing, technical building equipment, planning engineering and similar fields.

(4)   To qualify as a Partner, individuals and companies must provide proof of relevant qualifications, comply with all applicable local laws and regulations, and meet any additional criteria set forth by the Provider.

(5)   By registering on our website https://www.archexperts.com/ as an Expert in the fields mentioned in (3), the Partner recognizes the current version of these GTC as binding for all legal relationships between Partner and the Provider.

(6)   The Partner is responsible for obtaining and maintaining all necessary licenses, permits, and qualifications required to operate legally in their respective jurisdiction for the duration of their engagement on the ArchExperts platform. Failure to comply with these requirements may result in the suspension or termination of their account.

(7)   The legal relationship between us and the Partner shall be governed exclusively by these GTC.

(8)   Any deviating provisions or regulations of the Partner are hereby expressly rejected. Deviating provisions or regulations of the Partner shall not apply even if we do not expressly object to them individually.

(9)   Partner must be at least 18 years old to register an account and offer services on the ArchExperts platform. By agreeing to these Terms and Conditions, Partner confirm that they meet the minimum age requirement.

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

(1)   The object of the contract is the use of an online marketplace on which the services of freelancers and tradespeople in the areas of architectural design, interior design, landscape design, visualization, CAD drawing, technical building equipment and similar areas can be booked and provided by means of online work. The Partner can offer its services via our portal and conclude contracts with users of the portal to process their projects and orders.

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

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

a.     Selection of registration as processor/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 Partner's registration on our portal.

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

§ 3 Membership models - terms - payment modalities for memberships

(1)   Various membership models are available for the Partner to choose from. Please refer to the description of the respective membership model for the scope of functions of the individual membership models. The membership models can be selected and booked after free registration.

(2)   The "Free" membership model is available free of charge.

(3)   A monthly fee is due for the "Pro", “Pro Plus”,"Business" and “Business Plus” membership models. Please refer to the description of the respective membership model for the amount of the respective fee.

(4)   The term of the paid membership models is one month or one year. After that, the membership must be extended by the Partner with the corresponding model. If the Partner does not renew the membership, their paid membership automatically converts to a "Free" membership.

(5)   The Partner will be notified of the expiry and its consequences by e-mail to the e-mail address provided by the Partner three days before the membership expires and again one day before the membership expires.

(6)   If the membership is not extended, the settings selected by the Partner in their personal profile will be retained. If the processor renews or extends their membership before their previous membership model expires, the service fees not used for the previous membership will be credited to the new membership.

(7)   Membership fees are due for payment immediately upon booking the model or renewing the membership.

(8)   Lifetime Deal (LTD) and its Payment Modalities:

ArchExperts may offer Lifetime Deals (LTDs) to new potential Partner, providing them with exclusive benefits and features. A LTD grants users perpetual access to the ArchExperts platform, eliminating the need for recurring payments or renewals, depending on the continued provision of services by the platform. In addition, users have the option to purchase additional features to customize their LTD plan to their specific needs.

• The LTD enables lifetime access to the ArchExperts platform with a one-time payment option. Lifetime access means that the user is granted continuous access to the platform or service for as long as it remains operational.

• Partner who purchase the LTD can enjoy various benefits, including reduced or waived monthly subscription fees and discounted website commission rates compared to regular plans

• Payments for the LTD can be made using a credit card or other available payment methods accepted by ArchExperts

Additional details on LTD payment terms, including refund policies and payment processing, will be provided during the purchase process. Please note that specific terms and conditions may apply to LTD purchases, and Partner are advised to carefully review these terms before finalizing their purchase.

(9)  The Partner has the option of paying for all fees arising in connection with this contract:

a. Credit card

If 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 platform fee, which is displayed to the customer before the order is sent.

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

b. 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, 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 to pay the missing amount using other available payment methods. The user is free to top up any balance in the e-wallet (ArchExperts wallet) using the available payment methods.

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.

1. Credit card:

If 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 platform 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 user profile. In order to create the E-wallet (ArchExperts wallet), the data provided by the user such as e-mail address, surname, first name, 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.

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 customer identity check must be complete and positive. The user can access their account settings, 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 user's bank accounts. If 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 and positively completed.

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

(6)  Invoices are issued by e-mail immediately after receipt of payment. The user can also call them up in the portal.

(7)  The statutory regulations concerning the consequences of default in payment shall apply.

(8) The Partner shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed, are

recognized by the Provider or are synallagmatically linked to the Provider's main claim. If the Partner is an entrepreneur, it is only authorized to exercise a right of retention if its counterclaim is based on the same contractual relationship.

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

(1)  A contract for the processing of an order is only concluded between the customers registered on our portal and the Partner, but not with us. The Partner carries out the work for its own account and on its own responsibility. We merely act as an intermediary between the customer and the Partner and as a trustee with regard to the fees to be paid for the processing of an order.

(2)  The placement of an order by the customer does not constitute a binding offer.

(3)  Partner can apply for the processing of an order.

(4) The customer can send an offer to a Partner by selecting the Partner in the input mask provided for this purpose. A binding offer is submitted as soon as the customer selects the Partner by clicking on "Request paid service ".

(5)  A contract is concluded when the Partner 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 order, on reaching which the entire fee for the order or a partial amount of the total fee is paid to the processor.

§ 5 Fees for the processing of orders

(1)  For each order, the total fee to be paid by the customer to the Partner for processing the order and the respective partial fee to be paid upon reaching a milestone must be specified in advance.

(2) The amount designated for the next milestone is deposited in advance by the customer into an account managed by the provider on behalf of the customer at the provider's payment service provider. The provider manages the disbursement of the amount until both the Partner and the customer confirm that the milestone has been reached.

(3) The Partner confirms the achievement of a milestone via the corresponding input screen. The customer receives a notification and can also confirm the achievement of the milestone through the corresponding input screen.

(4) After confirmation by both parties, the provider immediately pays the deposited amount for the milestone to the Partner. However, the payment obligations arising from the contract between the customer and the Partner exist only in their legal relationship. This also applies in particular if the customer has failed to deposit the agreed contracts.

(5) Payment of the deposited fees is made exclusively by bank transfer via the payment service provider MANGOPAY SA. In this respect, the deposit of current bank details is a prerequisite for the payment of all fees to the Partner.

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

(7) Neither party may claim interest on the deposited amount for the period of the deposit.

(8) For the use of our platform for processing and handling the order between customer and Partner, the Partner must pay a commission fee to the provider amounting to a percentage of the total budget of the order. The amount of the percentage share varies depending on the membership model. Please refer to the description of the respective model for the specific amount.

(9) The commission fee is automatically retained by the provider when the deposited fees are paid out to the Partner. This also applies to partial commission fees when milestones are reached.

§ 6 Additional Services and Fees

(1)   Seal entry work sample

a.  The Partner has the use of a service called "Seal Entry", which can be used in the context of a public competition to display the submitted work sample under seal. This means that the contents of this work sample are only visible to the customer.

b.  This service is optional and involves additional costs. Partner interested in this service will find detailed pricing information in the pop-up window before uploading a work sample. The purchased use of this service is valid for the duration of the contest and includes the sealing of all work samples uploaded by the Partner to this contest. This is a one-time fee per contest.

(2)   Group Video Conference

a. The Partner has the possibility to use a service called "Group Video Conferencing". This service allows Partner to participate in video conferences and communicate effectively with customers and people outside the ArchExperts platform.

b. Use of the "Group Video Conferencing" service is included in some membership plans or includes a limited number of free minutes. As soon as these free minutes are used up, Partner can purchase additional minute packages to continue using the service.

c. Prices for additional minute packages are clearly displayed on our website and are subject to change. Partner are responsible for booking these charges in a timely manner to maintain the benefits of the “Group Video Conferencing” service.

d.  If the service fees are not paid before the purchased minute quota is used up, this may result in access to the service being restricted.

e. If the use of the "Group Video Conferencing" service is terminated, there will be no refund of fees already paid for the unused minutes.

(3)   Payment and Billing

a. The fees for the additional services are clearly displayed on the platform and are subject to change. Partner can make payment in accordance with the payment options listed in §3, subsection (8).

b.  Invoices are issued by e-mail immediately after receipt of payment. The user can also call them up in the portal.

§ 7 Arbitration

(1)   Customers and Partner can create a support ticket free of charge 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 by an employee, 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 § 8 shall apply.

§ 8 Defects in the results

(1)   No payment shall be made to the Partners if the customer has objected to defects in the results and an arbitration procedure in accordance with § 7 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 are to be asserted directly between the customer and the Partners outside the arbitration procedure.

§ 9 Contract terms - Termination of contract

(1) The contractual relationship between us and the Partner exists for the duration of the Partner's active registration on our websites. Special membership models expire at the end of a month and are converted into a membership according to the "Free" model if the Partner does not extend the membership. As long as the Partner is a member of at least the "Free" model, these GTC shall continue to apply to the contractual relationship.

(2) The Partner can delete their user profile at any time and thus terminate the contractual relationship. All data linked to the user profile will be irrevocably deleted from our site. The user's personal data will be anonymized unless the provider is obliged to store certain data anonymously for the performance of this contract or by law. After anonymization, the data on the Partner's projects is stored internally in anonymized form.

§ 10 Obligations of the Partner

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

(2)  The Partner 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, violates copyrights, competition law or trademark rights or 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 Partner undertakes not to carry out any advertising of its 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 Partner's account.

(4) When booking the confidentiality mode by the customer, the Partner undertakes to submit the corresponding confidentiality declaration with regard to the project.

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

§ 11 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.

(3) The provider 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. The provider undertakes to also comply with this NDA.

§ 12 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 Partner is based on the information provided by the respective customer or Partner. We therefore accept no liability for the topicality, completeness and accuracy of the information presented there on the projects and data of customers and Partner. We also accept no liability for the prompt, complete and correct forwarding of data between customers and Partner.

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

(3)   Our aim is the universal usability of the functions and services via our website, regardless of the other hardware and software used by the customer or Partner. 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 limited or non-existent usability of our services if this is due to the customer's or Partner's choice of a specific hardware or software configuration. In such cases, however, we will endeavor to restore usability as quickly as possible in cooperation with the customer or Partner.

(4)   We exclude any liability for short-term, insignificant disruptions to the accessibility of our websites or disruptions that are 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 at weekends between 20:00 and 06:00. These cases do not entitle customers and Partner 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 Partner's access data is also excluded if the customer or Partner is responsible for this unauthorized use.

(5)   Furthermore, we shall only be 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 one of our legal representatives or vicarious agents. 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 Partner 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.

§ 13 Data protection

We take the protection of our Partner' data seriously. A comprehensive explanation of how we collect, store and process data can be found in our privacy policy: https://www.archexperts.com/info/cookie-policy-archexperts

§ 14 Form of declarations

Legally relevant declarations and notifications that the Partner must make to us or a third party must be made in text form.

§ 15 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 Partner 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 Partner 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 Partner moves its 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 not known at the time the action is brought.

§ 16 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 Partner. The primary responsibility for compliance with tax laws and regulations rests solely with the Partner.

(2) The Provider shall take reasonable measures to assist Partner 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 Partner’s failure to comply with applicable tax laws and regulations. The Partner 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) Partners are encouraged to seek independent professional tax advice to ensure compliance with all applicable tax laws and regulations.

§ 17 VAT on Commission Fees

(1) For Partner based in Germany, ArchExperts will charge VAT on the commission at the current German VAT rate. This applies to both VAT-validated and non-validated Experts.

(2) For Partner based in other EU countries with a validated VAT ID, the Reverse Charge Mechanism applies. ArchExperts will not charge VAT on the commission.

(3) For Partner based in other EU countries without a validated VAT ID, ArchExperts will charge VAT at the valid German rate on the commission.

(4) For Partner based outside the EU, ArchExperts will not charge VAT on the commission.

Status: September 2024, Version 1.01