General Terms & Conditions

Terms & Conditions UNIYELP’s TERMS AND CONDITIONS FOR USING THE WEBSITE  
  1. DEFINITIONS:
The following term definition will apply
  1. a)    UNIYELP: Europelance LTD, the Company owning the Platform;
  2. b)    Platform: UniYelp’s website uniyelp.com;
  3. c)    User: any single or collective person accessing the Platform and agreeing to it’s use, terms and conditions;
  4. d)    Profile: set of data, professional and personal information uploaded by the users into the Platform;
  5. e)    Contract: the contractual relationship established by the Platform users, regardless of it’s legal nature;
  6. f)    Student: singular or collective person who signs up on the Platform as Student and agrees to the respective terms;
  7. g)    Tutor:  singular or collective person who signs up on the Platform as a Tutor and agrees to the respective terms;
  8. h)    Escrow or Escrow account: the set up account associated to a given Request Post;
  9. i)    Balance: the available Escrow account amount, at each given moment, associated to a given Request Post;
  10. j)    Fee: each Request commission received by UniYelp;
  11. k)    Request Post: task(s) or specific service(s) proposed by the Student on the Platform;
  12. l)    Work announcement: which will not end with a given task(s).
 
  1. PLATAFORM (REGISTER):
2.1 The Platform (in www.uniyelp.com) enables the contact between Users, Students and Tutors which in turn search for and offer specific services, respectively, regardless of their legal nature 2.2 To register on the Platform is free of charge. 2.3 Any singular or collective person is allowed to register on the Platform. 2.4 Underage and legally unable, as defined by Portuguese law, are excluded. 2.5 Only one register per user is allowed. 2.6 All data and information in the user created profile, be Student or Tutor, are of their exclusive responsibility and therefore UNIYELP cannot vouch for the veracity of user uploaded data and information, and cannot be held accountable in any way for its contents. 2.7 When registering users must make sure that all pertinent fiscal information is uploaded enabling UNIYELP to issue invoices to the Student and /or validate Tutor invoices / receipts. 2.7.1 For users taxed in Portugal it is mandatory (where applicable), to provide the fiscal number, social security number if he / she is subjected to VAT and retention, address etc. 2.7.2 For Users not taxed in Portugal, the same applicable data must be informed with the exception of VAT. Kindly note that according to the Portuguese law, UNIYELP will have to retain 25% of the payment foreign Tutors are entitled to receive. To avoid this mandatory retention Foreign Tutors must upload an RFI / DTF (“Double taxation form”) which can be downloaded from the website, validated by their local tax department and uploaded to their profile. For Tutors taxed in countries not subscribing the Double Taxation Avoidance convention, a certified residence declaration will suffice. 2.8 Registered Tutors agree to be evaluated by other users namely through comments uploaded to their profile, which can be seen by any Platform user. 2.9 UNIYELP will not previously verify user comments, and therefore will not be responsible for the contents. 2.9.1 However should any comment be seen as clearly slanderous in nature, UNIYELP has the right to delete it without warning. 2.9.2 False profiles and / or those which offend mandatory legal dispositions, are inappropriate or include images, language or offensive terms, will be deleted by UNIYELP without prior notice and any Platform user should report them.  
  1. REQUEST:
3.1 Users registered as Students are allowed to post Requests in the Platform, free of charge and must refer:
  1. a) Request Post Name and description;
  2. b) Request Category (activity area to which it belongs to);
  3. c) Estimated budget;
  4. d) Bidding period;
  5. e) If the Request can be completed from a distance (online) or if it will require the Tutor´s personal presence at the local, in which case the Request completion location must be indicated;
  6. f) Deadline, which can be split into phases/milestones;
  7. g) Tutor´s required skills.
3.2 The Student has the option of choosing, separately or cumulatively, the following Platform available features:
  1. a) To feature the Request;
  2. b) To mark it as urgent;
  3. c) To mark it as private, thus preventing other Tutors from visualizing other Tutor’s bids.
3.3 Choosing any one of these options implies the payment of a fee to UNIYELP. 3.4 UNIYELP reserves the right to previously check the conformity of each Request and Job Posting contents with both the national and international in force legislation. 3.5 Posting a Request or a Job Posting is subjected to UNIYELP’s previous verification, in accordance with 3.4. 3.6 Requests and Job Postings contents which violate legal provisions, or use foul language or offensive terms, will not be posted by UNIYELP.  
  1. REQUEST BIDDING:
4.1 When posting a Request, the Student has to indicate the estimated budget in EUR.  4.2 On the other hand any Tutor is able to bid a certain Request provided the bid is not below the amount defined by the Student. 4.3 When bidding a Request, the Tutor is automatically informed of the UNIYELP fee value as well as of the applicable taxes in accordance with the fiscal information uploaded to the Profile.  4.4 It is up to the Tutor to keep his information updated at all times; UNIYELP cannot be held accountable in any way should the fiscal data uploaded by the user be incorrect. 4.5 When the Request bidding period is over, the Student freely selects the Tutor which, in turn, can accept or refuse the Request. 4.6 The Student and the Tutor can, at any moment, agree to cancel the Request. 4.7 UNIYELP is completely isolated and exempt from the legal relationship established between Student and Tutor, and is not part of it.  
  1. ASSIGNEMENT, FINANCING AND REQUEST COMPLETION (ESCROW ACCOUNT):
5.1 All transactions, within the scope of UNIYELP’s Platform, are performed through the Safe Payment System named Escrow or Escrow Account. 5.2 Once the Tutor is selected, and he accepts to carry out the Request, it is considered to be assigned to him for the bid value (c.f. 4). 5.3 Each Request is associated to an Escrow Account.  5.4 By assigning the Request, the Student will have to finance it, through the Escrow Account associated to the Request, in the amount of the bid value (plus applicable taxes namely VAT for Portuguese Students) 5.5 With the confirmation of the bid amount transfer, UNIYELP will make available to the Student the corresponding invoice; the Student will receive an invoice for each transfer; the invoice will be issued for the total transferred amount i.e. including taxes (if applicable). 5.6 When the Request is concluded and with the Student’s agreement, UNIYELP will transfer to the Tutor’s bank account, the Request associated Escrow Account balance, deducting both fee and taxes (if applicable). 5.7 In order to transfer this amount to the Tutor Bank account, he will have to issue UNIYELP the corresponding invoice for the total bid amount deducting UNIYELP’s fee as well as applicable taxes according to his/hers fiscal status; UNIYELP will not transfer any funds which are not previously substantiated by an invoice/receipt. 5.8 The Tutor is totally responsible for the Bank data provided and UNIYELP cannot be held accountable should they be either incorrect or incomplete. 5.9 UNIYELP avails the Students several safe payment methods (c.f. 7. below); make sure to choose the most suited to you.  
  1. FEE UNIYELP:
6.1 UNIYELP’s commission for the rendered Platform services (fee) is 15% of the agreed amount for each assigned Request; this percentage will automatically be deducted from the Student Escrow deposit, and available at the Tutor account balance. 6.2 Nevertheless the fee will only be charged provided the following conditions are jointly met:
  1. a)      The Request has been bid and accepted by both Student and Tutor (see 4. – “Request Biding” above);
  2. b)      The Request has effectively been financed by the Student;
  3. c)      Finalized Request payment has been approved by the Student.
6.3 To Post and Bid Requests do not involve a fee payment.  6.4 After Request conclusion, the Tutor submits to the Student the “COMPLETION” request, being up to the latter to confirm if the Request has effectively been finished. 6.5 If Request completion is confirmed by the Student, the amount the Student transferred to the Request Escrow account will be transferred to the Tutor bank account he indicated. 6.6 There will be no compensatory interests and/or any indemnification/compensation, regardless of its legal nature, regarding funds transferred to UNIYELP during the Request execution phase or even after its completion, except if UNIYELP unduly withholds funds which should have been transferred, namely after Request completion. 6.7 In case a disagreement arises between Student and Tutor, UNIYELP will mediate the conflict through it’s dispute system (see below).  
  1. PAYMENT METHOD
7.1 Through their partners, UNIYELP makes available to the Users, namely to the registered Students, several safe payment options. The Student must indicate at least one valid payment method, among the following:
  1. a)          Bank transfer;
  2. b)          Paypal;
  3. d)           Debit or Credit card when using Paypal menthod.
 7.2 Users accept that UNIYELP and its above mentioned partners process their bank data, PayPal information and other bank information for the exclusive purpose of being able to perform the transfers within the scope of the Platform use. 7.3 All payments and receivables will be dealt with in Euros (EUR) and the users will bear the cost resulting from the currency conversion (if required), in accordance with the price list in operation at their bank.
  1. REFUND RIGHT:
 8.1 The Student can request the bid amount refund, after confirmation by UNIYELP, and provided the Tutor was not paid yet, in the following situations:
  1. a)          The Tutor did not complete the Request within the agreed time span;
  2. b)          The Tutor did not execute the Request in accordance with the agreed specifications.
  3. c)          Overpayment, being refunded by the remnant;
  4. d)          By agreement with the Tutor;
 8.2 All costs related to any refund will be borne by the Student  8.3 By marking the Request as completed, the Student accepts it as is, waiving the refund right over the amount transferred to the respective Request Escrow balance.  
  1. DISPUTE SYSTEM:
9.1 Should a conflict arise in the course of executing a Request, both the Student and the Tutor accept to submit to the UNIYELP dispute resolution system, without waiving the right to appeal to the Court of Law, as well as to other alternative means of conflict settlement, in which case UNIYELP cannot be summoned as main contender.  9.2 The Platform dispute resolution system will analyze each situation and, should the disagreement persist, will issue a recommendation for the conflict settlement which will become binding should both parties accept it without reservation.  
  1. RIGHT TRANSFER:
10.1 By completing the agreed Request, the Tutor agrees to transfer to the Student, free of any charges (namely “royalties”) all inherent rights, which can be freely used by the Student without any time or territorial restrictions. 10.2 With the Request completion, the Tutor accepts that all intellectual and / or industrial property rights are definitely transferred to the Student without any further charges.  
  1. CONFIDENTIALITY:
11.1 By accepting the Request assignment, except for his technical autonomy, the Tutor submits himself to the Student’s instructions as to the use of the technology and materials made available by him. 11.2 With Request completion, the Tutor commits himself to return all records and materials owned by the Student and keep the data and information received from the Student as well as those he had access to, during the Request execution, confidential.  
  1. LIABILITY LIMITATION:
12.1 UNIYELP is not responsible for any damages or losses resulting from the use of the Platform, namely those arising from the following circumstances:
  1. a)          Temporary unavailability of the Platform, regardless of its cause;
  2. b)          Viruses or malware acquired by accessing the Platform;
  3. c)          False information uploaded by Platform users;
  4. d)          Any user register suspension under the circumstances foreseen in these terms and conditions;
 
  1. INDEMNIFICATION:
Users agree to indemnify UNIYELP in case of misconduct affecting either UNIYELP’S public image and /or the Platform functioning.  
  1. VALIDITY OF THE AGREEMENT:
14.1 These Terms and Conditions must be accepted by each user whenever registering on the Platform.  14.2 Any changes to these conditions will be posted on the Platform in www.uniyelp.com, and will be considered to be fully accepted by the users if they do not communicate otherwise within 15 (fifteen) days after being posted.  14.3 A UNIYELP can suspend or cancel an User registration under the conditions established by this agreement (see 2.9.2). 14.4 In case of User register suspension or annulment, for any reason, the User will no longer have access to the data, messages, files and remaining information stored in the Platform. Register cancelation does not exonerate in any way User responsibility in case of conflict.  
  1. PERSONAL DATA:
The User accepts that the personal data uploaded to the Platform can be used by UNIYELP namely for promotional purposes within the boundaries of both Law and the Personal Data Protection Act.  
  1. LAW AND COMPETENT TRIBUNAL:
To resolve any conflict emerging from the Platform use, the parties agree to exclusively resort to the Sintra Lisbon West Tribunal in Sintra and abide by the Portuguese Law.   BY REGISTERING WITH THE PLATFORM THE USER DECLARES TO HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS AND CONDITIONS AS WELL AS TO RESPECT ITS PROVISIONS.