Snapr Limited Terms and Conditions of Use

Please read carefully before continuing to use website


Effective since: January 2019 

 

Please read these Terms and Conditions of Use carefully before visiting the Snapr Website and/or using Snapr Mobile Services. 


These Terms and Conditions of Use apply between You, the Website Visitor or User(s) of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions) and/or Mobile Services, and Snapr  Limited, the owner and operator of this Website. 


Please read these Terms and Conditions of Use carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms and Conditions of Use is deemed to occur upon Your first use of the Website and/or Mobile Services. 


If you do not agree to be bound by these Terms and Conditions of Use, you should stop using the Website and/or Mobile Services immediately. 



Key Terms


“Snapr ®” or "Snapr" means Snapr Limited 

“Website” or “Site” means www.snapr.eu , www.snapr.co.uk and all sub domains
“Visitor” means a person, organisation or entity using the Website and/or Mobile Services 

“You” or “Your” means a person, organisation or entity using the Website, Mobile Services and Freelance Services 

“User” or “Users” means a person, organisation or entity who books a Service or signs up to a Snapr ® account through the Sign-Up process and verifies their account via email in order to Order Freelance Services through the Website. 

“Pro” or “Pros” means a professional photographer, floor planner or energy assessor who can provide the Professional Services Ordered and who is pre-vetted by Snapr on the Website and/or Mobile Services. 

“Service”, “Services”, “Professional Service” or “Professional Services” means photography related services provided by Pros, floor plan related services provided by Pros and energy performance related services provided by Pros. 


In these Terms and Conditions, User or Users means any third party that accesses the Website and/or Mobile Services and is not either; 

  1. employed by Snapr and acting in the course of their employment or;
     
  2. engaged as a consultant or otherwise providing services to Snapr and accessing the Website in connection with the provision of such services.
     


You must be at least 16 years of age to use this Website and/or Mobile Services. By using the Website and/or Mobile Services and agreeing to these Terms and Conditions of Use, You represent and warrant that You are at least 16 years of age. 


  

Intellectual property and acceptable use 


 

1. All Content included on the Website, unless uploaded by Users or Pros, is the property of Snapr, our affiliates or other relevant third parties. In these terms and conditions, any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website (means “Content”). 


2. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the prior written permission of Snapr. 


3. You may, for your own personal, non-commercial use only, do the following: 

   a. retrieve, display and view the Content on a computer screen 

   b. download and store the Content in electronic form on a disk (but not on any server or other storage      device continually connected to a network) 

   c. print one copy of the Content for personal use and personal physical storage (such as filing) 


4. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Snapr. 


5. You acknowledge that you are responsible for any Pro Content (see definition below) you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. 


6.You may not upload to, distribute or otherwise publish through the Website any Pro Content or Content that: 

   i. is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; 

   ii.may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or 

   iii.may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." 


7. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Pro Content. You may not upload third party commercial Content onto the Website. 

 

8. You represent and warrant that you own or otherwise control all the rights to the Pro Content you post; that the Pro Content is accurate; that use of the Pro Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Snapr for all claims resulting from Pro Content you supply Users. 


9. Snapr is not liable in any way for any Content or material of any third parties (including Users and Pros), for any errors or omissions in any Pro Content or Content, or for any loss or damage of any kind incurred as a result of the use of any such Pro Content or Content. 


10. Pros, You and Users acknowledge that Snapr does not pre-screen any Pro Content submitted onto or through the platform. 

  

11. Snapr will have the right (but no obligation) in their sole discretion to refuse or remove any Pro Content that is available via the Service. Without limiting the foregoing, Snapr will have the right to remove any Pro Content that violates these Terms and Conditions of Use and Service or is deemed by Snapr, in its sole discretion, to be otherwise objectionable. 


12.You and Users agree that you must evaluate, and bear all risks associated with, the use and copyright of any Pro Content, including any reliance on usage licenses, accuracy, completeness, or usefulness of such Pro Content. 


13. If you believe that your Pro Content has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Snapr of your infringement claim immediately via support@snapr.co.uk 


14. If you believe that your Pro Content that was removed is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Pro Content, you may send a written counter-notice to support@snapr.co.uk 


15. If a counter-notice is received by Snapr. Snapr will send a copy of the counter-notice to the original complaining party informing that party that the Pro Content may replace the removed Content or cease disabling it in 14 business days. Unless the copyright owner files an action seeking a court order against the Pro Content provider, Pro or User, the removed Pro Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of Snapr. 


Pro Copyright and Usage Licensing 


16. Pros agree to allow, freely enable and assist Snapr to facilitate a seamless transaction of the Pro Content between the Pro and User through the Snapr platform. 


17. The Pro acknowledges and agrees that the photographs, floor plan sketches and other original data files produced as a result of the Pro Services for a User as a result of an Order (“Pro Content”) contain Content or features that are protected by copyright, trademark, trade secret or other proprietary rights and laws. 


18.Snapr shall assist Pros, if required or requested by Pros, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights specified to be so owned or assigned through any copyright or licensing law. 


19.Pros hereby grant Users an exclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to use, copy, display upload, perform, distribute, store, modify and otherwise use Pro Content for any legal or marketing purposes the User requires. 


20.Pro Content or other materials Pros upload through the platform or share with Users (“User Content”), Pros represent and warrant that they own all the rights, title and interest in and to such Pro Content, including, without limitation, all copyrights and rights of publicity contained therein. 


21.By uploading any Pro Content you hereby grant and will grant Snapr and its affiliated companies the right to transfer, display, upload, distribute, store, modify and otherwise use your Pro Content in connection with the operation of the Pro Services, in any form, medium or technology now known or later developed. 



Rating Pro Services 



22.Users are required to rate and review each Pro and their Pro Services Pro Rating”) after Downloading Pro Content, and Pros are similarly required to rate and review a User (“User Rating”) once the User has provided the Pro Rating, in each case using the multidimensional rating system provided on the Site and App (collectively, “Rating”). 


23. Users and Pros may only leave a Rating once the Professional Services have been provided for Download for the relevant Order. 


24. Snapr can remove a Rating at any time, in its sole discretion. 


25. Users and Pros must provide true, fair and accurate information in their Ratings. 


26. Users and Pros acknowledge and agree that any Rating, Review, questions, comments, suggestions, ideas, feedback or other information about the Professional Service (“Submissions”), provided to Snapr are not confidential and that Snapr will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation. 


27.The rights to such Submissions of Snapr includes, but is not limited to, creating an aggregate rating from the Ratings it receives and showing Users and Pros such aggregated ratings. Accumulating ratings for the purposes of providing high usage reward scheme incentives. 


28.Both the Users and Pros acknowledge and agree that Snapr may preserve Submissions and may also disclose Submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 

   a. comply with legal process, applicable laws or government requests;
  b. enforce these Terms and Conditions of Use and Service;
  c. respond to claims that any Submissions violate the rights of third parties;
  d. protect the rights, property, or personal safety of Snapr, its Users and the public. 



Freelance Services 


29. Snapr Pro Services make available a platform with related technology for Users and Pros to arrange for the connection and assignment of Pros with a User and the ordering of Pro Services (“Orders”) between the two parties. 


30. Snapr itself does not provide any photography related services, floor plan related services or energy assessment or performance related services itself. The responsibilities of Snapr are limited to: 


  1. facilitating the availability of the Site;
     
  2. facilitating the assignment of Pros to Orders made by a User, and based on the location of the Pro, Rating of the Pro and the availability of the Pro (which is ultimately determined by the Pro at the time the Order is made by the User by accepting or declining the Order based on GDPR compliant information provided by Snapr);
     
  3. serving as the limited agent of each Pro for the purpose of invoicing and accepting payments from a User on behalf of the Pros. 

  

31. There are risks that Users assume when dealing with Pros (including those who may be acting under false pretences). 


32. Although Snapr takes every precaution possible through its strict vetting procedure to avoid these risks, Users agree that all of these risks are borne by the User, and not by Snapr 


33. Snapr is not liable for behavior of Pros, the quality of the Pro Services provided, or the quality of the Pro Content provided by Pros that does not meet the strict Service Level Standards provided to Pros through the App and expected of Pros. 



Mobile Services


34. The Snapr website includes certain Services that are available via a mobile device, including 


   i. the ability to upload Pro Content to the Service via a mobile device; 

   ii. the ability to browse the Service and the Site from a mobile device and 

   iii. the ability to access certain features through an Application downloaded and installed on a mobile device 


These Services (collectively known as the “Mobile Services”). 


35. To the extent You access the Service through a mobile device, Your mobile service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. 


36. By using the Mobile Services, You agree that Snapr may communicate with you regarding Services and other entities by push notifications, text messages, emails or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Snapr. 


37. In the event You change or deactivate Your mobile telephone number or email address, You agree to promptly update Your Snapr account information to ensure that Your messages are not sent to any person that acquires Your old number or Your old email address. 


38. Snapr offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”) and/or Alphabet Inc.
(“Google”). With respect to software that is made available via the platform for Your use in connection with Apple and Google branded products (such Software, “Apple Enabled Software” and/or “Google Enabled Software”), in addition to the other terms and conditions set forth in these Terms and Conditions of Use, the following terms and conditions apply: 

 

a. Snapr and You acknowledge that these Terms and Conditions of Use are concluded between Snapr   and You only, and not with Apple and/or Google, and that Snapr, not Apple and/or Google, is solely responsible for the Apple Enabled Software and/or Google Enabled Software and the content thereof;
 

b. You may not use the Apple Enabled Software and/or Google Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple Enabled Software and/or Google Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service and/or the Google Play Terms of Service (“Usage Rules”).
 

c. Your license to use the Apple Enabled Software and/or Google Enabled Software is limited to a non-transferable license to use the Apple Enabled Software and/or Google Enabled Software on an iOS an/or Android product that you own or control, as permitted by these Usage Rules. 


d. Apple and/or Google have no obligation to provide any maintenance or support services with respect to the Apple Enabled Software and/or Google Enabled Software. 


e. Apple and/or Google are not responsible for any product warranties, whether express or implied by law. 


f. In the event of any failure of the Apple Enabled Software and/or Google Enabled Software to conform to any applicable warranty, you may notify Apple and/or Google, and Apple and/or Google will refund the purchase price for the Apple Enabled Software and/or Google Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple and/or Google will have no other warranty obligation whatsoever with respect to the Apple Enabled Software and/or Google Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be the sole responsibility of Snapr, to the extent it cannot be disclaimed under applicable law. 


g. Snapr and You acknowledge that Snapr, not Apple and/or Google, is responsible for addressing any claims of You or any third party relating to the Apple Enabled Software and/or Google Enabled Software or Your possession and/or use of that Apple Enabled Software and/or Google Enabled Software, including, but not limited to: 


   i. product liability claims; 

   ii. any claim that the Apple Enabled Software and/or Google Enabled Software fails to conform to any applicable legal or regulatory requirement; 

   iii. claims arising under consumer protection or similar legislation. 


h. In the event of any third party claim that the Apple Enabled Software and/or Google Enabled Software or the end-user’s possession and use of that Apple Enabled Software and/or Google Enabled Software infringes that third party’s intellectual property rights, as between Snapr and Apple and/or Google, Snapr, not Apple and/or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. 


i. If You have any questions, complaints or claims with respect to the Apple Enabled Software and/or Google Enabled Software, they should be directed to Snapr at support@snapr.co.uk 

 

39. Snapr and You acknowledge and agree that Apple and/or Google, and Apple and/or Google subsidiaries, are third party beneficiaries of these Terms and Conditions of Use with respect to the Apple Enabled Software and/or Google Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms and Conditions of Use, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions of Use against you with respect to the Apple Enabled Software and/or Google Enabled Software as a third party beneficiary thereof. 


Prohibited use


40. You may not use the Website or Mobile Services for any of the following purposes: 


a. in any way which causes, or may cause, damage to the Website and/or Mobile Services or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
 

b. interferes with any other person's use or enjoyment of the Website and/or Mobile Services and/or poses or creates a privacy risk to any person;

c. Advertise or offer for sale or buy any goods or services for any business purpose that is not specifically authorised; 


d. constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “chain emails”, “pyramid schemes”, “competitions” or any other form of solicitation;
 

e. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
 

f. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner; 


g. harvest or collect email addresses or other information of other Users and/or Freelancers from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; 


h. obtain or attempt to access or obtain any materials or information through any means not intentionally made available for through the Service 


Registration 


41. You must ensure that the details provided by you on registration or at any time are correct and complete. 


42. You must inform Snapr immediately of any changes to the information that You provide when registering by updating your personal details to ensure Snapr can communicate with You effectively. 


43. Snapr may suspend or cancel Your registration with immediate effect for any reasonable purposes or if You breach these terms and conditions in any way. 


44. You may cancel Your registration at any time by deleting your account via the Edit Profile page of either the Website and/or Mobile Services. If You do so, You must immediately stop using the Website and Mobile Service. Cancellation or suspension of Your registration does not affect any statutory rights. 


45. Once You cancel Your registration, Your information will be deleted from the Snapr platform in its entirety in accordance with the Snapr Privacy Policy (details of which are set out clearly in these Terms and Conditions of Use). This means you will be completely forgotten in all of Snapr records and thus Snapr cannot be held responsible for accidentally approaching you to rejoin the platform. 


Pro Obligations 


46. As a Pro, you must provide Snapr with all the information requested in the Sign Up process in order for Snapr to be able to vet You, set You as live on the Snapr platform and assign You to Users. Such as your personal information, Your experience, Your skill set, a portfolio of photos, brief description of You, Your contact details and Your profile picture and Your bio. 


47.Once You are assigned with a User for Pro Services, You have the right to turn down the Order, but Snapr has sole discretion to determine if such denial of Pro Services will harm Your ability to be assigned to that User and other Users on the platform in the future. 


48. Snapr has sole discretion as to which Pros are accepted onto the platform and Snapr reserves the right to reject any potential Pro and remove any Pro from the platform for any reason. 


49.Snapr has some clients that require Pros to submit and hold a certificate from the Disclosure and Barring Service (DBS) containing a statement that the Pro has no unspent convictions or cautions before they can become eligible to Pro Services for Users on the platform. 


50.Every Pro is solely responsible for maintaining their own minimum levels of public liability insurance of £10,000,000 GBP.  Pros providing advice, are required to provide proof of professional indemnity insurance of at least £10,000,000 GBP. Freelancers failing to meet these strict requirements will not be allocated jobs requiring such levels of insurance.  


51. Pros should provide proof of insurance prior to becoming live on the Snapr platform during the vetting process and annually thereafter. This proof shall include copies of a valid updated insurance certificate evidencing such insurances and evidence of payment of the relevant premiums. Snapr will set up automated reminders for Pros to ensure this. 


52. Snapr assumes no responsibility for a Pros failure to maintain such insurances and reserves the right to remove vetting certificates of any Pro from the platform should they deliberately mislead, forge, or renegade to supply in a timely fashion any of these insurance certificates. 


53. Users and Pros understand and agree that Snapr is neither an insurer nor a contracting agent or employer for You as a Pro. Snapr is simply an introductory and payment agent to these Pro Services.


54.If a User orders any of Your Pro Services, any agreement the Pro enters into with such User outside the scope of the work ordered through the Snapr platform is between the Pro and the User, and that Snapr is not a party thereto. 


55.Notwithstanding the foregoing, Snapr serves as a limited connection and payment agent for Pros for the purpose of assigning Users Orders to Pros, Invoicing Users on behalf of the Pros and accepting payments from Users on the Pros behalf. 


56.Snapr is responsible for transmitting the Pros payments for Pro Services to the Pro less the connection and servicing costs.


57. Pros acknowledge and agree that, as a Pro, you are responsible for your own acts and omissions. 


58.Pros understand that Snapr does not offer any coverage for any personal injury or damage to personal property, third party injury or damage to any third party property that may result from providing the Pro Services for Users. 


59.Snapr will not reimburse for any property damage, injuries, transportation expenditure or loss of wages as a result of any accommodations in the provision of Pro Services by Pros. 



Assigning Pros


60. Snapr assigns Users with the most suitable Pro based on information provided by the User in their Order and matching that information with information provided by Pros and their Preferences, Rates and Ratings. 


61.Users will be able to Order Pro Services though the Site (“Order”). However, even when a Pro is assigned to Users for an Order, Snapr reserves the right to change which Pro actually provides the Services for a particular Order, in its sole discretion. 

  

62.Snapr will notify Users at least 15 minutes before any Order if the Pro changes. 



Password and security 


63.When Freelancers and Users register on this Website and Mobile Services, Freelancers and Users will be asked to create a password, which should be kept confidential and not disclosed or shared with anyone at any time. This password is encrypted and Snapr ® cannot ever see Your passwords. Snapr ® therefore offers an automated password recovery system through the App and website which is directly linked to the email associated with Your account and verified by You at sign-up. 


64.If Snapr ® has reason to believe that there is or is likely to be any misuse of the Website and/or Mobile Services, or breach of security, Snapr ® may require You to change your password or suspend your account without prior notice.

 

65.You are responsible for maintaining the confidentiality of Your password and account and are fully responsible for any and all activities that occur under Your password or account. You agree to: 


a. immediately notify Snapr ® of any unauthorised use of Your password or account or any other breach of security, and; 

b. ensure that You exit from Your account at the end of each session when accessing the Service. Snapr ® will not be liable for any loss or damage arising from Your failure to comply with this Section. 


Links to other websites 


66.This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Snapr ® or that of our affiliates. 


67.We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. 


68.The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. 


Privacy Policy and Cookies Policy 


69.Use of the Website and/or Mobile Services is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these Terms and Conditions of Use by this reference. To view the Privacy Policy and Cookies Policy, please click on the following (or copy and paste into a browser): 


https://www.snapr.co.uk/static/Snapr_Privacy_Policy.pdfhttps://www.snapr.co.uk/static/web/Snapr_Cookie_Policy.pdf 


Availability of the Website and disclaimers 


70.Any online facilities, tools, services or information that Snapr ® makes available through the Website and/or Mobile Services (the “Service”) is provided "as is" and on an "as available" basis. 


71.Snapr ® gives no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, Snapr ® provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Snapr ® is under no obligation to update information on the Website and/or Mobile Services. 


72.Whilst Snapr ® uses all reasonable endeavors to ensure that the Website and/or Mobile Services are secure and free of errors, viruses and other malware, Snapr ® gives no warranty or guaranty in that regard and all Users and Freelancers take responsibility for their own security, that of their personal details and their computers or mobile devices.

 

73.Snapr ® accepts no liability for any disruption or non-availability of the Website and/or Mobile Services. 


74.Snapr ® reserves the right to alter, suspend or discontinue any part (or the whole of) the Website and/or Mobile Services including, but not to, any products and/or Services available. 


75.These Terms and Conditions of Use shall continue to apply to any modified version of the Website and/or Mobile Services unless it is expressly stated otherwise. 


76.You acknowledge that Snapr ® may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on the Snapr ® servers on Your behalf. 


77.You agree that Snapr ® has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. 


78.You acknowledge that Snapr ® reserves the right to terminate accounts that are inactive for an extended period of time. 


79.You further acknowledge that Snapr ® reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 


Limitation of liability


80.Nothing in these terms and conditions will: 


a. limit or exclude our or Your liability for death or personal injury resulting from Snapr ® or Your negligence, as applicable; 

b. limit or exclude Snapr ® or Your liability for fraud or fraudulent misrepresentation; 

c. limit or exclude any of Snapr ® or Your liabilities in any way that is not permitted under applicable law. 


81.Snapr ® will not be liable to You in respect of any losses arising out of events beyond the reasonable control of Snapr ®. 


82.To the maximum extent permitted by law, Snapr ® accepts no liability for any of the following: 


a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; 

b. loss or corruption of any data, database or software; c. any special, indirect or consequential loss or damage. 


General 

 

83.You may not transfer any of Your rights under these Terms and Conditions of Use to any other person or entity. Snapr ® may transfer the rights of Snapr ® under these Terms and Conditions of Use where Snapr ® reasonably believe Your rights will not be affected. 


84.These Terms and Conditions of Use may be varied by Snapr ® from time to time. Such revised terms will apply to the Website and/or Mobile Services from the date of publication. Users and Freelancers should check the Terms and Conditions of Use regularly to ensure familiarity with the then current version. 


85.These Terms and Conditions of Use together with the Privacy Policy and Cookies Policy and Service Level Standards contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms and Conditions of Use. 

86.The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions of Use and no third party will have any right to enforce or rely on any provision of these Terms and Conditions of Use. 

87.If any court or competent authority finds that any provision of these Terms and Conditions of Use (or part of any provision) is invalid, illegal or unenforceable, that provision or part- provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions of Use will not be affected. 

88.Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy. 

89.This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts. 

Payment Terms 

Users 

90. Users agree to pay all applicable fees for Freelance Services purchased through the Site after the completion of the Freelance Services (“Downloads”) as set forth on the User Package Costs supplied to the User when they Sign-Up to the platform and annually thereafter (collectively, “Freelance Fees”). 

91. Snapr ® will invoice the User for payment of the Freelance Fees when Snapr ® has completed the Freelance Services. These applicable fees will be sent to the User via electronic mail (email) to the supplied email address associated with the User account on the platform. 

92. Users must pay the Freelancer Fees due within 7 days of the date of our invoice or otherwise in accordance with any credit terms agreed between Snapr ® and the User. 

93.Without limiting any other right or remedy Snapr ® may have for statutory interest, if the User does not pay within the period set out above, Snapr ® will charge the User interest at the rate 

of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full. 

94. If Users do not pay within the period set out above, Snapr ® can suspend any further provision of the Freelance Services and cancel any future Services which have been ordered by, or otherwise arranged with, the User. 

 

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95.Snapr ® can furthermore communicate with the Freelancer to redact any copyrights, certificates or usage licenses to help enforce payment and the Freelancer agrees to assist Snapr ® with this in any way the Freelancer reasonably can. 

96.All Freelance Fees are payable in the currency specified on the User Package Costs supplied to the User when they Sign-Up to the platform and annually updated thereafter. 

97.If a User requests amended Freelance Services, including but not limited to changes to the time, location or type of Freelance Services provided (“Edit Order”), an Edit Order Fee may be charged or reduced from the original Freelance Fees for the original Freelance Service Ordered. 

98.Except as otherwise expressly set forth herein or as expressly approved by Snapr ® in writing in its sole discretion, all payments made are final and non-refundable. If you make a payment by any payment method, you represent and warrant to Snapr ® that such information is true and that you are authorised to use such payment methods. 

99.You will promptly update your account information with any changes (for example, a change in your billing address) that may occur. 

100.You agree to pay Snapr ® the amount that is specified on the provided User Package Costs supplied to the User in accordance with the terms of such fees and purchases and these Terms and Conditions of Use for the Services provided. 

Freelancers 

101.Snapr ® will facilitate bi-monthly payments to a Freelancers nominated bank account for the total Freelancer Fees accrued for the Freelance Services provided to a User by such Freelancer during the preceding payment period, with the addition of the fixed connection fee payable to Snapr ® for assigning the User(s) to such Freelancer as set forth in terms provided to Freelancers at the time of accepting an Order via the Snapr ® Mobile Services after their on- boarding (“Snapr ® Fee”). This fee does not include Value Added Tax (V.A.T.) and V.A.T. is added to this fixed rate fee regardless if the Freelancer is V.A.T. registered or not. 

102.Snapr ® has sole discretion to act as arbiter on behalf of the User, and Freelancer, if the User reports that the Freelance Services were not provided or adequately completed according to the Order details, scope of work provided and Service Level Standards provided to all Freelancers through the document section of their profile page in the App. This may include but is not limited to circumstances where a Freelancer did not arrive for an Order or Freelance Services provided were of insufficient quality for use. Snapr ® will act as the independent arbiter in such an arbitrary process and seek input from the User and the Freelancer in its sole discretion and may decide at its sole discretion to issue a refund to the User or demand full or partial payment from the User to the Freelancer. This process is undertaken entirely independently by Snapr ®. However, if either party is unhappy with the process they can indicate this and the process will be assigned to another independent arbiter of Snapr ® choice. 

103.Snapr ® as limited payment collection agent for the Freelancer, agrees to facilitate the payment of any Freelancer Fees for Freelance Services provided, on a bi-monthly basis unless otherwise agreed between Snapr ® and the Freelancer. In the event that Snapr ® does not remit such amounts, the Freelancer will have recourse only against Snapr ® and not the User. 

Non-Circumvention 

104. As a Freelancer, you acknowledge and agree that a substantial portion of the compensation Snapr ® receives for making the Site available to you is collected through the Snapr ® Fee 

 

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described in Payment Terms. Snapr ® only receives this Fee when a User and a Freelancer pay and receive payment through the Site. Therefore, for 48 months from the time You identify or are identified by any party through the Site (the “Non-Circumvention Period”), You must use the Site as Your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of Your relationship with that party. You may opt- out of this obligation with respect to each User-Freelancer relationship only if the User or prospective User or Freelancer pays Snapr ® for each such relationship by paying an “Opt-Out Fee” of £10,000 GBP. To pay the Opt-Out Fee, You must request instructions by sending an email message to accounts@snapr.co.uk

105. ExceptifyoupaytheOpt-OutFee,youagreenottocircumventthePaymentTermsoffered by the Site. 

By way of illustration and not in limitation of the foregoing, You must not: 

- Submit proposals or solicit parties identified through the Site to contact, hire, work with, or pay outside the Site. 

- AcceptproposalsorsolicitpartiesidentifiedthroughtheSitetocontact,provideservices, invoice, or receive payment outside the Site. 

106. You agree to notify Snapr ® immediately if You, a Freelancer or another User improperly contacts You or suggests making or receiving payments outside of the Site. 

Snapr ® details 

107.Snapr ® is a company incorporated in England and Wales with registered number 10997793 whose registered address is Nightingale House, Gloucester Road, Bath, Somerset, BA1 8BJ and it operates the Website www.snapr.co.uk. The registered VAT number is 282 9586 51. You can contact Snapr ® by email at contact@snapr.co.uk

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