Agreement for Specialists and Organizations

Company: PROMFREE LLC, identification number in the Entrepreneurial Register of Georgia: 445849486, Georgia (hereinafter — the Company).

This Agreement defines the general terms of the legal relationship between you or the organization you represent (the Specialist) and the Company.

By continuing to use the Service, you agree to the current version of the terms of this Agreement, and you confirm that you have read, agree to, and undertake to comply with: the Privacy Policy and other rules and regulations posted on the Service and in your personal account, which form an integral part of the Agreement.

The Agreement is deemed concluded in simple written form for an indefinite term as of the moment of your acceptance. Full and unconditional acceptance is deemed to be the fact of starting to use the Service or any other product of the Company (registering a profile, posting information, responding to an order, using your personal account, etc.). Such acceptance by means of implied actions has full legal force in accordance with the Civil Code of Georgia.

Specialist — an individual who has reached the age of 18 and has full legal capacity in accordance with the legislation of Georgia (or the organization they represent — a legal entity duly registered and having the legal capacity to conclude and perform this Agreement), offering and providing services to Clients of the Service under paid service contracts concluded directly between the Client and the Specialist.

Service — the computer program (software) developed by the Company, available on the Internet, as well as its mobile version. The Service is available through the personal account on the terms of a license.

The Company does not guarantee that you will receive orders (client information), does not act as your employer or as the customer of works and services, and does not grant you any advantage over other users. Information about you is entered into the Company’s database.

The amount of remuneration is determined by the total scope of services provided by the Company and is always linked to specific clients, specialization, and the parameters of each order:

• remuneration under the «Commission» plan — paid after you begin providing services under the client’s order or receive an advance payment;
• remuneration under the «Response» plan — paid if the client decides to reply to your offer or has viewed your response to the order.

Depending on specialization, location, date of registration on the Service, the level of demand, order offers, and other factors, different remuneration options may be available to the Specialist. Specific terms, amounts, and payment deadlines for remuneration are communicated through the personal account interface and by other available means at the Company’s discretion. You may unilaterally increase the amount of remuneration after completing an order you found using the Service. Such payment is voluntary and non-refundable.

For certain orders, the price and scope of the Specialist’s works/services are fixed. In such cases, a response means the Specialist’s acceptance of the specified order terms. Any changes to the terms of works/services under such an order are permitted solely with the prior written consent of the client.

The Company has the right, but not the obligation, to refund the remuneration under the «Response» plan if the client did not reply to your offer or did not view your response to the order: immediately — if the client chose another specialist or cancelled the order, and within 5 days — if the client chose no one and did not cancel the order. Exception: the client left contact details for communication.

The Company has the right, but not the obligation, to refund the remuneration under the «Commission» plan based on confirmed information about the total value of services actually rendered by the Specialist under the order, and for certain categories of specialists — subject to the simultaneous fulfilment of the following conditions: cooperation with the client was terminated on the client’s initiative; more than 2 (two) meetings with the client were initially expected; you notified of the termination of work on the order through the reporting system in your personal account.

The refund amount is calculated individually and, at the Company’s discretion, may be provided in bonuses — conditional units recorded in the balance. A bonus is written off as payment of remuneration at the rate specified in the company’s rules posted on the Service. Bonuses are not paid out in monetary equivalent.

In the event of a breach of the provisions of this Agreement, the Privacy Policy, or other rules and documents published on the Service, the Company reserves the right to refuse a refund.

At the Company’s discretion, in addition to the existing «Commission» and «Response» plans, you may be offered the option of paying remuneration on the terms of a «Subscription», «Premium Access», and «Prom-Premium» with a limited validity period, as well as on the terms of the «Secure Deal» plan. The benefits and detailed terms are communicated through the personal account interface. The cost of remuneration under the Subscription, Premium Access, Prom-Premium, and Secure Deal is non-refundable.

The Company and you warrant to each other that you have the rights, powers, and approvals to conclude and perform the agreement.

You have the right to:

• Review information about the terms on which the Service is provided.
• Use the Service and the solutions provided by the company.
• Inform the company about negative situations in your work on orders and possible problems.

You warrant that you have obtained the necessary permissions when providing: results of intellectual activity, commercial information, and information about third parties.

You warrant compliance with the company’s rules:

• Provide accurate information.
• Personally provide the services if you registered as a private specialist. Working with a team is possible if the profile is registered on behalf of an organization.
• Indicate in your profile if the work is performed by someone other than you.
• Use client information solely to perform the work. Do not share clients’ contacts without their consent.
• Inform clients about guarantees and possible risks.
• Be courteous in communication and not violate laws or agreements.
• Ensure the confidentiality of information.
• Comply with laws on copyright and intellectual property (including the Law of Georgia “On Copyright and Related Rights”).
• Use the Service solely for its intended purpose.
• Review the company’s news and notifications in your personal account.
• Regularly monitor changes to the Agreement and documents.

You grant the Company the right to use materials and data from your personal account and profile, including the results of intellectual activity, for the purpose of promoting the Service and/or your services under a free, non-exclusive, perpetual license.

The Company has the right to:

• Verify the information provided.
• Edit and organize profile information.
• Contact you and record communications.
• Refuse to publish or remove user content.
• Restrict or close access to the Service in the event of violations.
• Create conditions for posting reviews.
• Make changes to the operation of the Service.

The Company guarantees:

• Distribution of information about you only with your consent or in cases provided for by law.
• Disclosure of confidential information strictly in the cases provided for by the agreement and by law.

Your personal data is processed in accordance with the Law of Georgia “On Personal Data Protection” of June 14, 2023.

By accepting the terms of the offer, you consent to the processing of the information provided. You have the right to withdraw your consent at any time.

Information on settlements is available in your personal account. An advance payment is refunded upon the Specialist’s written request, provided that there is no outstanding debt.

The Service is provided on an “as is” basis. The Company is not responsible for the quality of the Specialist’s services or for the performance of contracts between the Specialist and the Client.

You are responsible for complying with the legislation of Georgia, for the accuracy of information, and for the lawfulness of your actions.

The Specialist is an independent contractor. The Company is not the Specialist’s employer, is not in an employment relationship with the Specialist, and bears no responsibility for the payment by the Specialist of taxes, insurance contributions and other mandatory payments. The Specialist is solely and fully responsible for compliance with the tax laws of the country of their residence and/or the country where the services are provided.

The Specialist independently and at their own expense pays all applicable taxes, duties, mandatory payments and contributions related to the provision of services to Clients through the Service, in accordance with the laws of Georgia and/or the country in which the Specialist operates.

The Specialist independently obtains, maintains and keeps in force all necessary permits, licences, certificates, professional-activity authorisations and other documents required by law to provide the relevant services.

The Company is not the Specialist’s employer, does not enter into an employment contract with the Specialist, does not act as the Specialist’s tax agent, and bears no responsibility for the Specialist’s fulfilment of tax, permit and other public-law obligations.

The Agreement is governed by the legislation of Georgia. All disputes are considered by the courts of Batumi, Georgia.

The Company has the right to make changes to the Agreement. The new version takes effect from the moment it is published on the Service.

The Specialist has the right to terminate the Agreement by deleting the account (provided there is no outstanding debt).