Terms and Conditions
Last updated September 3th, 2024
Contents
1. General
2. Definitions
3. Valmista-identity
4. Valmista - Service description)
5. User accounts
6. Customer-Specific Terms
7. Service Provider-Specific Terms
8. User Content on Valmista Platform
9. Intellectual property rights
10. Force Majeure
11. Disclaimer clause
12. Validity and termination
13. Applicable law and dispute resolution
14. Changes to the terms and conditions
15. Transfer of rights and obligations
16. Feedback, suggestions for development, remarks and complaints
1. General
By using the Valmista, you accept these terms and conditions (hereinafter referred to as “Terms and Conditions”) and agree to comply with them.
Before using the Valmista service, please read these terms and conditions carefully. If you do not accept these terms and conditions, or Valmista Privacy policy or Code of Conduct, please refrain from using the Valmista service. These Terms and Conditions shall apply to all use of the Valmista service and any agreements and transactions concluded in accordance with these Terms and Conditions. For a more detailed description of the Valmista service, please visit Valmista.com. If you have any further questions, please contact the service provider by sending an e-mail to info@valmista.com.
2. Definitions
Valmista platform (www.valmista.com): Valmista is a digital platform designed to connect Service Providers, like businesses and freelancers, with Customers who need their services. Think of it as a marketplace for gigs or freelance work. When using Valmista, whether you're downloading it from Apple's App Store or another source, the rules of that platform apply, along with Finnish and EU laws.
Service Provider: This can be a legal company or a freelancer who offers services.
Customer: This is the person or entity that buys services from the Service Provider.
User: This term includes both Service Providers and Customers who use Valmista's platform.
Booking: Reservation for the project/work/service to be done by Service Provider with separate Agreement between Customer and Service provider.
Booking Fee: This is a fee that Valmista charges the Customer every time they book a service through the platform.
Subscription: This means that the user subscribes to Valmista, and subscription is automatically renewed after a certain period of time, for example monthly or annually, until User cancels the recurring Subscription.
Agreement: Agreement concluded between Service provider and Customer,
Project: Task, work or service defined in the platform.
Content: Any information (eg, feedback, text, photos, audio, video, information, and other content) you create or upload into Valmista platform.
Verification: Confirmation of your personal identity.
3. Valmista-identity
- Legal company: TOTEMI Investment Oy
- Address: Kahilanniementie 5, 53130 Lappeenranta, Finland
- Business ID 3092683-2, VAT number FI30926832
- Brand and trade name: “VALMISTA”
- E-mail address: info@valmista.com
4. Valmista - Service description
Service Providers: They list and describe their services on Valmista. They are independent and responsible for ensuring their services comply with legal requirements. Valmista and TOTEMI Investment Oy, the company behind Valmista, are not the Service Providers themselves.
Customers: Customers can post their needs as open projects (Open request) or directly contact Service Providers for specific services without creating a listing. Customers are responsible for the agreements they make with Service Providers.
Responsibilities : All platform Users must provide accurate and lawful information. When a Customer chooses a Service Provider, that provider is responsible for the quality of the service or product Service Provider delivers. Valmista or TOTEMI Investment Oy are not parties of the Agreement between Customer and Service provider. Since Valmista isn't the employer of these Service Providers, Valmista isn't responsible if the Service Provider or the Customer doesn't do what they agreed to. What Valmista does take responsibility for is the platform that it offers. This includes enabling Customers to book services through the Valmista calendar and giving Service Providers an opportunity to earn ratings and references.
If you have any security concerns, like suspecting unauthorized use of your account, you should immediately inform the Valmista service administrator. Remember, you are responsible for all activities conducted under your account. For any suggestions, remarks, or complaints, you should contact Valmista in writing at info@valmista.com.
Booking fees: Valmista will charge a Booking Fee for the bookings. Valmista will not invoice or is responsible for the Agreement.
Recurring Subscription: Valmista offers an option for recurring Subscription according to prices and other terms available on the platform. During the validity of the Subscription, the User will not be charged any Booking Fees.
Verification: A User who that has decided for providing Valmista with detailed personal data, will be marked as with the Verified Profile badge.
Usage Agreement and Privacy policy: By using Valmista's website and services, you agree to these Terms and Conditions, and Valmista Privacy Policy. Valmista's Privacy Policy details how they use and share your information. You need to agree to this to use Valmista’s platform. If you don’t agree, you can not use Valmista platform or services.
Changes to Terms and Conditions: Valmista may update these Terms and Conditions and will notify Users, either on their site or through other communications. If you continue using the site after updates, it means you accept the changes taken place.
Who Can Use Valmista?: User must be at least 15 or the age of majority in your country, able to form binding contracts, and not prohibited by law. The Valmista platform is for business purposes only, not for personal use. You need to comply with all business-related requirements.
Third-Party Services: Valmista may use third-party services. You must agree to these third parties’ terms to use Valmista.
Relationship Between Users: Valmista acts as a link between Users,Service Providers and Customers, but it's important to remember that Valmista does not employ them or have direct control over them. Valmista is a a marketplace where Service Providers and Customers meet to make deals, but Valmista is not a part of the Agreements they make with each other. Valmista promises to do the best to establish a safe platform. Valmista is not responsible for how accurate, legal, or good the performance of the Agreement is, and Valmista does not guarantee that payments will be made between Service provider and Customer. If a party doesn't follow these Terms and Conditions, Valmista has the right to either temporarily suspend or completely end their access to our platform. Valmista aims to try and help sort out disagreements between Users, Valmista is not obligated to do so.
Project and User Responsibility: Users must decide if a project or another User is right party for the agreement between parties. Service provider and Customer are in contractual relationship between each other. Valmista or TOTEMI Investment Oy is not a contract party.
Service provider (Worker) Classification: Customers must decide if they can make an Agreement with a Service Provider and make sure it's legal.
Feedback: Valmista appreciates your ideas and suggestions. It's important to know that if you share them with us, we can use these ideas without the need to pay you or give you credit for them. This means that once you share your suggestions, Valmista may use them in a way we find suitable.
Links to Other Sites: Valmista isn’t responsible for the content of other websites linked to/from its site.
Notices: Valmista will communicate with you via email or messages on your profile on the platform. The date Valmista sends the email is the date you are considered to have received the notice.
Payment Handling: Payments are processed through a third party, Valmista isn’t responsible for payment obligations or ensuring payment.
No Liability for Users’ Actions: Valmista should not be held liable for any actions or inactions of its Users. Additionally, Valmista is exempt from any responsibility for delays or failures resulting from events beyond its control, including but not limited to strikes, natural disasters, or actions taken by governmental authorities. Furthermore, Valmista assumes no responsibility for any outcomes, losses, or legal issues that may arise from your project or from the use of their agreement. Valmista reserves the right to modify or discontinue parts of its services at any time.
No Legal Advice: Valmista isn't giving legal advice with this template. It's recommended that you get legal advice to make sure the template fits your specific needs and understand any legal or tax implications.
Indemnity Clause: You agree to protect Valmista from any legal issues, losses, or costs that arise from your use of the platform, your content, agreements made through Valmista, or your violation of laws or third-party rights.
No Guarantee on Platform Reliability: Valmista does its best efforts to provide you with a great experience when you use our services. However Valmista can not guarantee that everything will work perfectly all the time. There might be occasional interruptions or errors. If you do run into any problems, please inform us promptly into info@valmista.com, or with “contact us” form, for quick resolution.
Limited Liability: While we always strive to do our best, it's important to know that Valmista doesn't guarantee that all the information on our website will always be accurate or up-to-date. This means that sometimes, there might be errors or outdated information, and we can't be held responsible for any issues that arise from this. Just remember, our maximum liability is still limited to the total amount you've paid us over the past six months. So, while we try to keep everything correct and current, it's a good idea to double-check important information.
5. User accounts
General: The Users have a limited, non-exclusive, non-transferable, and non-sublicensed right to use the Valmista platform in the format in which it is offered at each time. All the other rights to the Valmista platform are reserved by TOTEMI Investment Oy, the provider of the Valmista. The access rights are limited to the purposes specified in these Terms and Conditions.
User Accounts: Users need to create an account with accurate, and current and complete information. Valmista can review and block accounts that does not comply with these terms and conditions or otherwise violate someone’s rights or are illegal or inappropriate. Keep your account secure, and you're responsible for the content and all activities under your account. User Accounts are non-transferrable to other parties.
User Identity and Compliance: Valmista can not guarantee User's identities. Also, Valmista can not ensure that Users always comply with laws. Every interaction and Agreement between Customers and Service Providers is their own responsibility. Valmista provides a platform for these interactions, but Valmista does not oversee or guarantee compliance with legal requirements in those interactions.
Verification of Identity: Valmista provides further verification service to indicate Users that have submitted valid identity document to Valmista. This functionality is separate functionality that Valmista will invoice from the User.
Types of Accounts: You can register as a Customer (to hire) or as a Service Provider (to find work) and switch between these roles when needed.
User License and Platform Use: Valmista owns its platform and its content. You're allowed to use it if you follow the rules, but you can't change, sell, or publicly display its content, try to figure out its code, remove copyright notices, or share the content on other servers.
6. Customer-Specific Terms
Content Control: Valmista can remove or block any content, purchases, or accounts to comply with laws, third-party terms, or our policies.
Customer Data Responsibility: You must follow all laws, especially data protection laws. You're responsible for any data you provide, including getting the necessary permissions.
Making a Booking: When you choose a service from Service Provider at Valmista platform, and schedule it using Valmista calendar, you as the Customer need to pay a booking fee.
Payment of Bookings fees: Valmista uses third party payment processing services. Booking fee is paid when the Booking is performed.
Refund Policy: If, for any reason, the Service Provider cannot fulfill the service at the booked scheduled time, inform us at info@valmista.com, and we will refund of your booking fee (note: not the cost of the service as per your Agreement).
Here's how booking and fees work with Valmista
- When a customer books your service through the Valmista calendar, we charge the Booking fee from the Customer.
7. Service Provider-Specific Terms
- Content and User Account Control: Valmista can remove or block content, service sales, or accounts for legal or policy compliance.
- Data Responsibility: Service Providers must follow all applicable laws, especially regarding personal data. User is responsible for any data User provides.
- Insurance and Benefits: Service Providers are responsible for their own insurance, like liability, health, or workers' compensation. Valmista does not provide these, and is not employer of Service providers.
Here's how booking and fees work with Valmista:
- When a Customer books your service through the Valmista calendar, we collect the booking fee from the Customer. Valmista is commission-free for the Service Providers.
- If you're unable to provide the service at the agreed-upon time, you will be charged €10. To avoid this, please make sure your calendar is updated. Block out times when you're not available, and only open up your schedule for bookings once you're sure of your availability.
Listing Your Services
You can list all the services you offer to Customers with the prices you want to include into the Agreement. This is to be done in your Service portfolio of your User account. At Valmista we value transparency and encourage you to share the cost of each service.
8. User Content on Valmista Platform
By providing Content, in whatever form and through whatever means, you grant Valmista a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Valmista Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks.
If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy policy.
You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Valmista the rights described in these Terms and Conditions. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.
Content must comply with our Code of Conduct, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Valmista may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Valmista does not guarantee the accuracy or quality of translations.
Valmista does not primarily check the content saved by its Users. Valmista shall not be liable for any content added by third parties (including partners) to the Valmista service or for any losses or damages resulting from the use of such content.
Valmista reserves the right to edit or remove content it considers erroneous or otherwise inappropriate without notice at its discretion.
9. Intellectual property rights
Any intangible and tangible rights (e.g. trademarks or other IPR) to the Valmista platform or the related documentation and parts thereof belong exclusively to TOTEMI Investment Oy and/or its subcontractors/licensors.
These Terms and Conditions do not give the User any intellectual property rights to the Valmista platform, and Valmista or its subcontractors/licensors reserve any rights not expressly mentioned or granted in these Terms and Conditions.
Any feedback you give on Valmista becomes its property.
10. Force Majeure
Force Majeure refers to unforeseeable events beyond Valmista's control, such as wars, cyberattacks, natural disasters, epidemics, labor striker and government actions or other similar.
If Force Majeure stops Valmista from providing services for over 60 days, Valmista may cancel the services without being liable to Users.
The effects of the COVID-19 pandemic or any potential pandemics, especially significant disruptions, are also considered Force Majeure.
If Valmista's subcontractors face Force Majeure, Valmista is not liable, especially if finding alternatives may lead into significant delays.
11. Disclaimer clause
Valmista or TOTEMI Investment Oy shall not be liable for any direct, indirect, incidental or consequential losses or damages resulting from the content of the Valmista service app or website or their availability, use or trust thereof.
Valmista or TOTEMI Investment Oy shall not pay compensation for damage or other compensations for losses, injuries, penalties or other losses resulting from access to or use of the Valmista service app or the website, trusting in their content or other sites to which this website is linked.
Valmista or TOTEMI Investment Oy shall not be liable for the accuracy of information provided by third parties, services produced by third parties or products sold by third parties.
The Valmista service or website may provide access to third-party websites via links. TOTEMI Investment Oy has not checked and does not manage such websites and shall not be liable for any content or issues related to or caused by the linked third-party websites.
Valmista or TOTEMI Investment Oy are not parties of the Agreement between the Customer and the Service Provider.
The maximum liability of the Valmista or TOTEMI Investment Oy is limited to the total amount paid by the User to us in the last six months.
12. Validity and termination
The User may discontinue the use of the Valmista service at any time without a separate compensation. Valmista may discontinue the provision of the Valmista service at any time permanently or temporarily, without a separate notice or compensation.
With regards to the valid Subscription, the User may cancel his/her subscription at any time. In this case, the Subscription will remain active until the end of the billing cycle. Payments are non-refundable, except in case of billing errors or if a refund is required by law.
13. Applicable law and dispute resolution
The laws of Finland and the EU shall apply to these Terms and Conditions.
Any disputes between the parties arising from these Terms and Conditions shall primarily be settled through negotiations. If no settlement can be reached in the negotiations, the dispute shall be settled in Helsinki District Court.
14. Changes to the terms and conditions
TOTEMI Investment Oy reserves the right to make changes to these Terms and Conditions. The terms and conditions valid at each time can be found in the Valmista platform.
15. Transfer of rights and obligations
TOTEMI Investment Oy shall have the right to transfer all the rights and obligations arising from these Terms and Conditions fully or in part to its Group companies, successor or the party acquiring the business operations of the Valmista service without the User’s approval.
The User shall not have the right to transfer the rights arising from these Terms and Conditions fully or in part.
16. Feedback, suggestions for development, remarks and complaints
Valmista only accepts suggestions for development, remarks or complaints in writing, or any questions, please send your message to: info@valmista.com.
