The Customer and the Freelancer who wish to offer services to the Customer shall be referred as “Member” herein.
Rimuut and Member shall be hereinafter referred to individually as the “Party” and collectively as the “Parties”.
By registering with the Site, the Member agrees and represents that he/she has read all terms and conditions herein, understood all the contents and approved all provisions.
In case the Customer is a “consumer” pursuant to the Consumer Protection Act (Law no. 6502) and the applicable consumer legislations, the Customer is able to benefit from the rights and powers vested in consumers thereunder. However, the Site and services provided to Customers therein are essentially designed for commercial operations and transactions, if the Customer is considered as a consumer, he/she should give a prior notice to duly inform Rimuut to use its consumer rights. Freelancer accepts and declares that he/she understands this situation and that he/she shall act in line with the applicable consumer legislation, if necessary.
Rimuut Contact Information:
: Rimuut OÜ
: Sepapaja 6 Tallinn, Harjumaa, 15551 Estonia
Site: refers to the web site operated under the domain www.rimuut.com and all channels consist of domains connected thereto and all Rimuut mobile applications;
Rimuut: means Rimuut OÜ;
Freelancer: refers to an individual or legal entity who registered with the Site for the services to be offered to the Customers over the Site and provides these services described herein to the Customers and provides primary support for providing of such services to them and benefits from Site Services subject to such terms and conditions set out in the Terms and Use and other contracts;
Contract: means this Rimuut Terms and Use;
Service Contract: means any of the framework contracts concluded between Rimuut and Customer which governs general conditions of all Services;
Service(s): mean following operations (including but not limited to) made available over the Site whose the Customer requests to receive from the Freelancer.
Web, Mobile and Software Development
Data Science and Analytic Services
Engineering and Architecture
Design & Creative Services
Digital Marketing & PR
Purpose and Subject Matter
RIMUUT System Flow and Parties to Service Agreement
Rimuut is an e-commerce platform that provides Service to the Customers with Freelancers’ primary support and services.
Freelancers who shall work with the Customer shall be chosen by the related Customer and directed to Rimuut. Customer accepts and declares that it will chose the most convenient candidate for its request and will act diligently and carefully. Customer has direct effect in selecting the related Freelancer. In addition, Parties shall choose each other and agree on Service provisions when the Customers make contact to Freelancers’ through their adverts on the Site or Freelancers make contact Customers through their adverts on the Site.
Obligations of Rimuut that were undertaken hereunder for Members shall limited to setting up a platform whereby Customers and Freelancers meet and contact, Site’s maintenance and hosting as well as procuring those drafting commercial conditions by means of the system which Freelancers shall define in each type of Service separately .
Rights and Obligations of Customer and Freelancer in the Use of Site
Under this Agreement, Freelancer who works in order to provide service to a Customer may be a resident of anywhere in the world and provide service from anywhere in the world.
Customer and Freelancer accept, declare and undertake that when they make use of the Site services during their Membership term and perform any operation in connection with the Site services, they shall act in line with the terms and conditions hereof and all rules defined elsewhere in the Site and the entire applicable legislation; that they have read and approve all terms and rules agreed herein.
All necessary information fields should be completed to be a member to the Site and Site Services. Neither any right nor any claim defined herein and designated for products offered in the Site may not be used by minors. Therefore, in case Freelancer is an individual, he accepts that upon his approval of the Contract, he is older than 18 years old.
In case the Member is a legal personality, the Member agrees and undertakes that upon the approval of this Contract, it has been duly organized and existing in its jurisdiction; that it has all authorities and powers to enter into this Contract; that moreover, its representative who signs this Agreement has been duly authorized to sign it.
Rimuut may accept the membership application following its evaluation or may reject it without the need to offer an explanation. Rimuut shall not be under any obligation because of any misrepresentation by the Member.
When registering with the Site as a member, e-mail address and other data provided by the Member should be current. This e-mail address provided by the Member during his registration shall be taken as basis and used in all correspondence in respect of the membership. Rimuut accepts that any and all information provided by the member is correct and current, and acts accordingly, and is not under any obligation to inquire about it. In case of a change to any information provided by the Member at the time of registration, Member shall be obliged to notify this change to Rimuut without any delay.
Member agrees and undertakes that under circumstances where Rimuut is obliged to make a disclosure to governmental authorities pursuant to the applicable mandatory legislation, it shall be authorized to disclose confidential/ private/ business data of Members to governmental authorities upon a duly made request by them and therefore Members shall be in no event entitled to assert any claim or indemnity against Rimuut under any name whatsoever.
Member shall be fully responsible for the security and safe storage of system access tools (user name, password etc) used by him for making use of Site services and preventing unauthorized access of third parties to them and for their use. A transaction that is executed by using a Member’s user name and password shall be deemed to have been personally executed by the Member. Rimuut shall in no event be directly or indirectly liable for any present or future losses that Members and/ or third parties may sustain on account of the Member’s failure or negligence in ensuring the security of system access tools, their safekeeping, denial of access to third parties or their use.
Member may not assign this Contract or its rights and obligations hereunder to any third party in part or in full without the written consent of Rimuut. It may not make available its membership for the use of third parties other than himself.
Without prejudice to the specific liability provisions herein and in other agreements to be executed for services in the Site, Member agrees that he shall be solely liable for any loss arising from any unlawful act executed by him over the Site.
Even if there is not any violation of agreements signed in connection with the Site, in case it is understood that the purpose underlying the Member’s use of the site is unlawful and immoral, Rimuut has the right to cancel the Membership status of the Member for an indefinite term. In such a case, Rimuut reserves its indemnity rights arising from the contracts and laws. Member shall be liable for all present/ future direct and indirect losses and Rimuut reserves its right of recourse.
Rimuut reserves its right to modify those services offered over the Site. Member agrees and undertakes that he may not assert any claim or compensation from Rimuut under any name whatsoever on account of his present and/ or future direct and/ or indirect losses because of such changes or cancellations.
Rimuut may remove any content that is against the Site’s operation, general rules and general ethical rules and that is in no event acceptable to Rimuut at any time and in any manner at its sole discretion and may terminate the Membership of the Member who posts that content without any further notice. There may be interruptions between the Site and Member due to technical malfunctions such as any fault, negligence, deletion, corruption, and delay in communication or a failure of communication network irrespective of whether it is attributable to the Site. Rimuut may not be held liable for any problems that the Member shall endure during interruptions for access to site and communication due to them.
Rimuut may at all times amend the terms and conditions hereof without the need for any further notice. Members shall be obliged to constantly keep track of the Site and Site updates. Notwithstanding the foregoing, if a Member continues to use the Site following the changes to it, he shall in any event be deemed to have accepted the new version of the Agreement.
Other Customer Rights and Obligations
Customer may view Freelancers who shall and/ or may provide the Service sought by it under the relevant heading in the Site after he registers as a member with the Site. Customer may post ads that describes and/ or gives information about the Service he is looking for without the need to go over Freelancer profiles. Customer shall receive any service through Rimuut from Freelancers who he/she chose/prioritized to be work together.
Customer may contact and directly send messages to Freelancer over the Site in case he wishes to negotiate Service terms and conditions (Site Communication Tool). When Customer uses the Site Communication Tool, he shall try his reasonable efforts to provide any information about the Service he is looking for in full and correct manner that makes it easier for Freelancer to provide the service. In his communication with Freelancer by using Site Communication Tool, the Customer shall act in line with legal and ethical rules.
Rimuut shall have the right to have access to the history and contents of the communication between Freelancer and Customer over the Site Communication Tool. In case of any dispute between Freelancer and Customer, Rimuut may be involved at the problem-solution stage to review and audit these communication records and to identify problems underlying the dispute. For the avoidance of any doubt, communications over which Rimuut has the right and authority are limited to those ones made over the Site Communication Tool.
In case Customer wishes to procure the Service to be provided through Rimuut, he is required to sign the Service Contract (Contract Service) in which chosen/prioritized Freelancer defines the specific conditions to specific services.
Customer shall choose or suggest to choose the Freelancer who has primary effect on providing Services. Customer accepts and declares that it will chose the most convenient candidate for its requests and will act diligently and carefully. Therefore, in case of any defect/fault or malfunction of the related Service, Customer accepts declares that he/she shall apply to Freelancer firstly and Freelancer shall have the main responsibility in such cases regarding the Service. For this particular reason, for responsibilities regarding content and quality of the Service, no current or possible liability or right shall be imposed on Rimuut
Customer is obliged to perform its obligations and liabilities undertaken by it under the Service Contract in full, on a timely basis and in a complete manner. Unless he complies with his such obligation he accepts that Rimuut shall not perform/ may refuse to perform his contractual obligations.
Customer agrees that in case he fails to pay sums payable by him under the Service Contract at all and/ or makes incomplete payments, Rimuut may close and/ or suspend the Customer’s account and initiate legal proceedings. In case legal proceedings are initiated, Customer shall be demanded to pay, in addition to Rimuut’s commission fee, such interest at a rate applicable for commercial interests and attorney’s fee as well as other expenses incurred/ to be incurred for said legal proceedings.
Where Rimuut suffers a loss arising from the disputes attributable to obligations and liabilities under the service conditions between Customer and Freelancer, Rimuut have right to recourse such loss to Customer or Freelancer according to the relevant circumstance.
Other Freelancer Rights and Obligations
Freelancer shall provide such details asked from him after his registration with the Site to allow Rimuut to draft a profile for him. Freelancer agrees and undertakes that he shall use such terms and definitions that will help his profile gain a reliable and professional view; that he shall attach his portfolio to site in a manner that fully describes his own professional services and that he shall disclose any such information that Rimuut may ask from in the course of such profile drafting.
Freelancer acknowledges that Services to be provided to Customer shall be performed by itself, its own actions and work shall be sent to Customer directly and “as is” basis, Rimuut has no responsibility to control or supervise such operations and hence all responsibility belongs to the Freelancer. In any case, Rimuut supervise the service and / or the product provided by the Freelancer.
Freelancer is the most essential labour force and support in the Services provided to Customers within the scope of this Contract. Freelancer individually and directly procures the provided Service. Hence, it accepts and declares that it completely, accurately and currently shares the documents and information that Rimmut has asked/would ask regarding the Services.
Freelancer is exclusively liable for providing the products/services prepared by himself/herself in accordance with Customer’s request; on time; free of error; complete; in functioning and in full condition. In case of any request regarding the Service is made to Rimmut, Rimmut shall directly recourse this claim to Freelancer or deduct the sum from Freelancer’s fee.
Account details and commercial details that Freelancer shall attach to the Site’s interface should be full, complete and current so that sums collected from the Customer under the Service Agreement may be credited to Freelancer account in full and on a timely basis. Otherwise, Rimuut may not be held liable for any delay.
Freelancer shall pay Rimuut such fees at different rates to Rimuut for such different options that he may select at the site. Accordingly, such prices quoted at the following link shall be applicable for each different option: https://rimuut.com/pricing
Invoicing service: Rimuut shall issue and send the proforma invoice and the invoice for the said service provided to the Customer with Freelancer.
Secure Collection: Service cost shall be collected with secure payment systems by Rimuut and shall be kept in the pool account.The amount is credited to Freelancer account following the completion of the following processes.
If it is agreed in the Service Contract that payment shall be made upon the completion of the Service, Rimuut shall issue an invoice to the Customer and send a payment link to the Customer’s e-mail address on the date on which Freelancer notifies Rimuut that the Service is completed. Customer shall be obliged to make said payment within 3 business days upon the receipt of the link. After the payment is made and the amount is transferred to the relevant pool account, if the Service does not require the final acceptance of the Customer, relevant commission fees shall be deducted from the fee and the balance shall be transferred to the Freelancer’s account and a Service invoice shall be issued to the Customer.
However, if the Service requires the final acceptance of the Customer, Customer shall be obliged to inspect and review the Service within 5 business days following the payment. In this respect, Customer shall duly inform Rimuut within 5 business days about whether it approves or refuses that payment should be credited to Freelancer’s account. Upon approval, the relevant commission fees shall be deducted from the applicable fee and the balance shall be transferred to Freelancer’s account and the Service invoice shall be issued to Customer. Unless the Customer does not give any notice of his approval or rejection within 5 business days, he shall be considered to have finally accepted the Service and the fee shall be transferred to Freelancer account. Following the transfer of the fee to Freelancer’s account, Freelancer shall be the only contact person and responsible party for any claims and complaints by the Customer regarding the Service.
If Customer notifies Rimuut that Freelancer has incompletely fulfilled any obligation or liability, or the circumstances indicate it, Rimuut shall have the right to withdraw the amount that a refund shall be made to the Customer under the general rules of law and it may use such right at its sole discretion, Expenses in connection with the refund shall be charged to Customer.
Rimuut shall not be held liable for any present/ future losses that may arise in case Customer does not give its approval and/ or Freelancer fails to place instructions on it.
Freelancer agrees that he shall deliver the service in which he/she takes part in that shall be provided to the customer in a professional, full, defect-free and timely basis; that otherwise Rimuut shall have the right to terminate this Contract. In such a case Rimuut may claim, and initiate legal proceedings against, Freelancer for the indemnification of such losses.
Prepayment: In case, , it is decided to make a prepayment for a specific amount for the commencement of the related Service’s provision/ performance, Rimuut shall send a proforma invoice to the Customer and a payment link to the Customer’s e-mail address for the payment. Customer shall be obliged to make payment within three business days following the receipt of the said link. After the Customer makes payment, the entire amount, including the balance to be paid following the completion of the entire Service or a part of it as agreed with the Freelancer but less the commission fee shall be transferred to Freelancer’s account.
In any case regarding the Service, Customer shall apply to the Freelancer under Rimuut’s organization as Customer chooses/prioritises Freelancers which they will work with. Freelancer shall exclusively face all claims due to Freelancer’s failure to perform his services and/ or obligations faultily, defectively or incompletely. Rimuut shall not be liable for material, moral, direct or indirect loss arising from Freelancer and it may not be held liable in criminal or civil terms on account of any unlawful act by its Members.
Freelancer acknowledges that Services to be provided to Customer shall be performed by itself, its own actions and the work shall be sent to Customer directly and “as is” basis, Rimuut has no responsibility to control or supervise such operations and hence all responsibility belongs to the Freelancer. In any condition, Rimuut shall have right or authority to control and supervise the provided Service or prepared Product.
Nothing contained in this Contract shall be deemed or construed to create any employee/ employer relationship under the Labour Code or applicable legislation. Service terms and conditions including business model, how and in what way the services shall be delivered, shall be decided by the Customer and Freelancer.
In case Rimuut reasonably believes and/ or discovers that Freelancer has committed any fraudulence, abuse, double or erroneous transactions or any breach of the Contract over the Site, Rimuut reserves its right to retain such sums due to Freelancer under the Service Contract and not to transfer them to Freelancer’s account.
Intellectual Property Rights
Rimuut is the sole proprietor of products and/ or services, projects, documents used at the Site in connection with the services, and visuals, texts, bulletins, slogans, videos, designs, know-how and any business data, illustrations, database, system flow data, logo, emblem and data, ideas, or Rimuut trademarks and trade dressing, flows, source codes, researches, codes, methods, statistical figures and financial and moral rights and all other intellectual property rights during the preparations for the Contract and during its term for the supply of the contractual services. All rights that are vested in it under the Law on Intellectual and Artistic Works and the applicable legislation in connection with such contents shall be the exclusive property of Rimuut. Accordingly, the member agrees and represents that he shall not commit any reverse engineering or attempt to find or acquire the source code of the Site nor shall it violate the security of any computer network or crack security encryption codes; it shall not send SPAM mails or load malicious software; that otherwise he shall be liable for all losses that Rimuut and third parties may sustain.
Unless otherwise agreed between Customer and Freelancer regarding any intellectual property rights arising from any Service prepared and provided to Customer by the Freelancer, the Freelancer shall grant the right to use of the related Services which shall be worldwide, indefinite and exclusive. In any case, Freelancer has the right to determine the ownership of the aforesaid intellectual property right and its usage. However, if Freelancer suggests a different conditions other than the provisions in this clause of this Agreement, it should notify the Customer until the Contract Service is used; or until the commencement of the operations for the Service, in case Contract Service is not used.
Force Major Event and Applicable Law
In all circumstances that constitute a Force Major event in legal terms, Rimuut shall not be held liable for its failure to perform its obligations hereunder or to perform them late or incompletely agreed herein. This kind of failures shall not be considered a default or incomplete or faulty performance and no claim of compensation shall be made against Rimuut.
The term “Force Major event” refers to any event that is beyond the reasonable control of the affected Party and that cannot be avoided despite the reasonable care and diligence shown by Rimuut, including but not limited to God’s acts, riots, war, strikes, communication interruptions, infrastructural and Internet failures, power failures and adverse weather conditions.
This Contract and legal relations arising hereunder shall be governed and construed as per British law. Estonian Courts shall have jurisdiction over any actual or potential dispute arising from this Contract.
Term and Termination
This Contract shall become effective on the date it is approved over the Site and shall remain in force as long as Member maintains its Membership at the Site and shall continue to be effective and operative as between Member and Rimuut legally. Where Membership is suspended for an indefinite time or the Member puts an end to his Membership at his discretion, the Contract shall be deemed to have been terminated.
Rimuut may unilaterally terminate this Contract without any obligation of compensation and further notice under any circumstance where Member acts in breach of this Contract, or any other contracts to be executed or rules applicable to different services offered over the Site and in particular, following circumstances:
- If Member manipulates the operation of the Site by employing any method;
- If Member acts in breach of the provisions of this Contract or any other contract to be executed over the Site;
- If Member commits any act that violates third party rights;
- If data, contents, visuals and articles posted by the Member at the Site or shared with Rimuut have unlawful elements; or even if they are free of any unlawful or immoral elements, posting such data, contents, visuals and articles at the Site for unlawful or immoral purposes.
Each Member that logs in the Site and/ or becomes a Member shall be bound by the provisions hereof for an unlimited term.