Terms and conditions for Onsiter.com
- 1 Ownership and Contract Conditions
Ownership: These terms and conditions (hereafter shortened to "T&Cs") regulate your access to and use of platform, content, tools and services (hereafter referred to as the "Services") provided by Onsiter.com, which is a part of the Danish company Onsiter ApS located on Strandgade 12B, 1401 Copenhagen K, CVR: 30590627 (hereafter "Onsiter").
By accepting our T&Cs, you hereby agree to your access and use of the Services is governed by the T&Cs. By accepting the T&Cs, a contract relationship is thus established between you and Onsiter.
Definitions: With regards to the T&Cs, the following words and phrases are defined as below:
"Consultant Buyer" refers to the user and the legal entity he/she represents, who creates a buyer profile using the Services either by posting a Project or by approaching the Consultant or the Consultant Supplier through the Services.
“Consultant Supplier” refers to the user and the legal entity he/she represents, who creates one or more profiles with CV information in order to accept a Project using the Services.
"Consultant" refers to the person who will potentially carry out the project for the Consultant Buyer and acts as a representative for the Consultant Supplier.
“Agreement” refers to the agreement that is established between a Consultant Buyer and a Consultant Supplier using the Services.
“Project” refers to any task, project or job provided by the Consultant Buyer to the Consultant Supplier through the Onsiter platform, either in form of a Project posted on Onsiter.com or offered directly by a Consultant Buyer through the Onsiter Service, or through other means of communication, including communication on platforms outside the Onsiter platform, if the initial dialogue was started on Onsiter.com.
"Project Period" refers to the agreed period during which the Consultant Supplier is working on a Project for the Consultant Buyer.
Your use of the Services constitutes your express consent and acknowledgment that you lose your right of withdrawal under your contractual relationship with Onsiter. If you do not accept these terms, you should immediately cease using the Services.
Pricing. The Consultant Supplier is responsible for determining his or her hourly rate for a Project, while it is the decision of the Consultant Buyer, if they want to hire the Consultant at that price. Onsiter adds a fee to the Consultant Supplier’s price which is paid by the Consultant Buyer.
Additional Terms may apply to certain Services, such as, but not limited to, events or special offers. In that case and you will be notified of such additional terms and asked to agree to them. These additional terms will be a supplement to the general T&Cs and will hence be considered as a part of the Terms of the Services in question. If elements of additional terms conflict with what is defined in the standard T&Cs, the additional terms overrule the standard T&Cs.
Changes to T&Cs: Onsiter reserves the right to change the T&Cs related to the Services. In that case, the T&Cs will be updated here on the page and our users will be informed of the change via email. Users will be notified about changes to T&Cs at least 10 days before they enter into force. Unless, you delete your profile within this notice period, you consent to be bound by the new T&Cs.
2 The Service
With Onsiter.com, Onsiter provides a Service that enables Consultant Suppliers and Consultant Buyers to enter into a contractual relationship where the Consultant Supplier works on a Project defined by the Consultant Buyer.
While the Onsiter platform is developed by Onsiter and created in such a way that the best matching Consultant profiles are suggested to the Consultant Buyer, the actual selection of a Consultant lies with the Consultant Buyer and Onsiter is without responsibility for the actual work of the Consultant at the Consultant Buyer.
Consultant Buyers and Consultant Suppliers who agree to convey Projects through the Service acknowledge that the Agreement is governed by the provisions of these T&Cs.
Onsiter has the right to exclude any person or company from using the Service for any reason.
- 3 Data Protection
- 4 Projects
Consultant Buyers: When posting a Project on Onsiter, the Consultant Buyer needs to assure that the Project is accurate and comprehensively described.
By posting or offering Projects of any kind on Onsiter, the Consultant Buyer agrees to the T&Cs and warrants that it has the necessary authority to offer the Projects in question and/or have full authority to conclude the Agreement and thereby offer the Project to the Consultant Supplier.
The Consultant Buyer is responsible for ensuring that the Consultant gets sufficient access to systems and knowledge to be able to perform the Project correctly, including, to the extent necessary, access to the Consultant Buyer's premises, IT systems and people. If the Project requires the Consultant to be physically present at the Consultant Buyer's premises, the Consultant Buyer is responsible for the proper working environment for the Consultant in accordance to applicable health and safety regulations.
As a Consultant Buyer, you agree to only paying Consultant Suppliers through invoices issued by Onsiter through the Services. Violation of this clause will terminate your access to the Services without further notice and take appropriate legal actions to enforce the T&Cs.
Consultant Suppliers: By accepting the Project, the Consultant Supplier commits to having the necessary authority to take the Project and / or full authority to conclude the Agreement with the Consultant Buyer.
Onsiter continuously uses significant resources to offer the best and most relevant Projects through the Onsiter platform and to create a user-friendly interface for Consultant Suppliers and Consultant Buyers. This is only possible with a viable business model based on a fee which is added to the Consultant Suppliers’ hourly rate before presented to the Consultant Buyer. As a Consultant Supplier, you agree to invoice any Project where the connection between Consultant Supplier and Consultant Buyer is established via Onsiter should be invoiced using Onsiter.
Disputes: Any disputes that may arise between Consultant Supplier and the Consultant Buyer regarding and/or in connection to the Project must be settled between Consultant Supplier and the Consultant Buyer. Onsiter disclaims any liability in this context.
- 5 Access and Use
In order to get complete use of the Service, you must register an active account at Onsiter. You must be at least 18 years old to create an account on Onsiter.com. When registering, you agree to provide complete, accurate, and up-to-date information prior to the conclusion of an Agreement. Not having complete and up-to-date account information may exclude you from entering an Agreement. You are responsible for all activity on your account and you agree to keep your account name and password secret.
When you register and get an account on Onsiter, either as a Consultant Supplier or a Consultant Buyer, and as long as you maintain an active account on Onsiter, you agree to receive emails about activities in the Services and relevant information from Onsiter. You can opt out of these emails except for information that is critical to the use of the Services.
Your account on and login details for Onsiter are strictly personal and are not to be shared with others. You may not offer Projects or accept Projects on behalf of third parties. If people in your network want to make use of the Service, they need to get their own account. You agree to comply with all applicable laws while using the Service and you may use the Service only for lawful purposes.
- 6 Communication
Projects: No Consultant Supplier using the Service is allowed to approach a Consultant Buyer who has posted a Project on Onsiter outside the Service to initiate a dialogue, make a final bid or enter an Agreement. Likewise, a Consultant Buyer is not allowed to approach a Consultant Supplier, who they identified on Onsiter, via other channels. During the Project Duration, Consultant buyer and Consultant Supplier can communicate through platforms of their own will, but Agreements and contract extension agreements must always be entered via Onsiter.com.
Communication between a Consultant Buyer and a Consultant Supplier on Onsiter excludes those two parties from working together on that specific project without using the Service for a period of 3 months.
Privacy: Communication and interaction on the platform by Consultant Supplier and Consultant Buyers are not to be outsourced to third-parties or automated to any extent.
Tone of voice/exclusion: When using the Service, you agree not to provide content or communicate in a way that is insulting, hateful, violent, pornographic, illegal, or otherwise offensive. Onsiter holds the rights to delete content if we believe that this paragraph is violated and to exclude users from the Service.
Content. When you create an account on Onsiter and upload content, you declare and warrant that you are the sole owner of this content and/or hold the rights necessary to ensure that the user content will not infringe upon any third-party rights or legal provisions, regardless of their nature and scope.
All user content provided by you remains your property. However, by making your content accessible through Onsiter, you grant Onsiter the right to distribute, change, share with third-party, add extra content, publicly display, use or in otherwise utilize without further consent from you and without any claim for payment.
Marketing: The Service provided cannot be used for marketing of products or services other than the ones you want to provide through the Onsiter platform that fit the overall purpose of the Onsiter Service.
- 7 Payments
Invoicing requires an Agreement. All invoicing is to take place through the Service and following the procedure described in this section (7). Invoicing can only take place when a Consultant Buyer and a Consultant Supplier have entered into an Agreement with a contract issued through the Service.
Invoicing process. Through the Service, the Consultant Supplier invoices Onsiter, who then invoices the Consultant Buyer – this process is automatized by the Service.
Time sheet: To issue an invoice, the Consultant Supplier submits a time sheet, based on which the Service generates an invoice from the Consultant Supplier to Onsiter, as well as an invoice from Onsiter to the Consultant Buyer.
Payment process and terms. Within 5 working days from receiving payment from the Consultant Buyer, Onsiter will initiate the corresponding payment to Consultant Supplier.
If a Consultant Buyer does not pay within the payment deadline, fees will be added to the amount due as per applicable law. After 3 reminders, Onsiter holds the right to escalate the case of non-payment to a collection agency and to exclude the Consultant Buyer from further use of the Service.
- 8 Liability and indemnity
Disclaimer of liability: Onsiter offers a Service that helps Consultant Buyers and Consultant Suppliers to find each other and start a working relationship through an Agreement provided by the Service but we do not guarantee the quality, suitability, security or capabilities of Consultant Buyers and Consultant Suppliers using the Service. As a user of the Service, you agree that all risks arising from your use of the Service are at your own risk.
The information and Service that is provided by Onsiter is provided on an 'as is' and ‘as available’ basis without any warranty, representation or condition of any kind. Onsiter does not assume any liability or responsibility for the accuracy, comprehensiveness or usefulness of the information found through the Service.
Onsiter disclaims any liability for direct or indirect damages, including consequential damages, such as e.g. lost profits, lost data, personal injury, or property damage related to, in connection with or otherwise resulting from use of the Service. This applies even if Onsiter has been informed of the possibility of such damage. Onsiter is also not liable for any damages, liability, or losses arising from either your use of or reliance on the Service or your inability to access and/or use the Services; or any transaction or relationship between you and any third-party provider.
Under no circumstances will Onsiter be liable to you if there is force majeure affecting Onsiter or its subcontractors, including in connection with war, strikes, lockouts, interruption of common traffic, computer virus, fire, civil unrest, natural disasters, restrictions by public authorities, and similar force majeure events that are outside Onsiter’s control.
Indemnity: You agree to indemnify Onsiter for any claims, obligations, losses, liability and expenses arising of your use of the Services, your breach, or violation of these Terms, your violation of third-party rights or similar.
- 9 Applicable law
Any dispute between Onsiter and the Consultant Buyer, Onsiter and the Consultant Supplier or between Consultant Supplier and the Consultant Buyer must be settled in accordance with the law that is applicable in the country of the defendant Party.
Any dispute or disagreement should first be attempted solved by mediation between the parties.