GENERAL TERMS AND CONDITIONS

Last modified on 25 October 2024

By clicking the relevant checkbox during the registration process, you irrevocably accept these General Terms and Conditions in order to use the website www.finboo.io and the services it provides.

The use of the Website is governed by these General Terms and Conditions. By continuing to browse or use the Website, you explicitly agree to be bound by these General Terms and Conditions.

  1. Definitions

    “General Terms and Conditions”
    refers to these General Terms and Conditions, along with all integral parts specified in Clause 12.11 below, and are binding without limitation to all Users who use the Website
    “User”
    refers to an individual Freelancer, acting as a Subcontractor of Finboo for the provision of services to Finboo’s Customer, or a Customer who uses the Website and its functionality to manage and administer work with Freelancers.
    “You” or “Your”
    refers to the User/Users who visits or uses the Website.
    “Customer”
    refers to a legal entity, trust, partnership, or any other non-individual corporate entity that uses the Website to receive certain Services, as well as to manage and administer work with Freelancers.
    “Finboo”, “we”, “our” or “the company” or “us”
    refers to Finboo Limited, a company duly registered and operating under the laws of the Republic of Cyprus under registration No. HE 407056, registered at Cyprus, Nicosia 1022, Archangelou, 28B, Kaimakli, Republic of Cyprus, or any of our affiliates.
    “Subcontractor”
    refers to an individual Freelancer or self-employed person who provides services using the infrastructure of Finboo, including the Website, to deliver services to Customers with Finboo’s assistance and using its infrastracture. Hereinafter, the term “Subcontractor” may also be referred to as “Freelancer” with the same meaning.
    “Services”
    refers to any digital services provided remotely, including but not limited to: web design and creative services, web and mobile development, marketing services, IT services, consultancy and advisory services, coaching and training, data analytics, copywriting, translation, virtual assistance, customer support, video and audio editing, content creation, social media management, SEO optimization, cloud computing services, cybersecurity services, UX/UI design, and other types of digital services that are not prohibited by the laws of the Republic of Cyprus or the laws of the residence country of any Users of the Website.
    “Website”
    refers to the website owned and operated by Finboo, available at www.finboo.io, including any of its other domains or properties, as well as any related Finboo services, tools, or applications, including but not limited to mobile web, any iOS app, any Android app, or other access methods.
    “User area”
    refers to the account created by the User through the Website in order to access and use its functionality, features, and tools.
    “Know your client (KYC) procedure”
    refers to the process aimed at verifying the identity of Users and preventing illegal activities such as money laundering, fraud, and sanction violations.
    “ID document”
    refers to a passport, identification card, or any other personal identity document valid in the User’s country of residence.
    “Scan copy”
    – a digital image or file that is an exact reproduction of a physical document, created by scanning the document with a device capable of capturing its content, layout, and appearance.
    “Invoice”
    refers to a payment document generated through the Website and issued to the Customer for the payment of delivered Services.
    “Service agreement”
    refers to an agreement between Finboo and a Customer registered through the Website for the provision of services with the assistance of Subcontractors who possess the necessary skills and knowledge and have been pre-approved by the Customer.
    “Service Subcontract”
    refers to an agreement between Finboo and a Subcontractor for the provision of services.
    “Applicable Law”
    refers to the law governing the resolution of a dispute.
    “Intellectual Property Rights”
    refers to all intellectual property rights existing worldwide, and the subject matter of such rights, including: (a) patents, copyrights, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any rights to maintain confidential information; and (b) any applications or rights to apply for registration, whether or not such rights are registered or capable of being registered, and whether they exist under any laws, common law, or in equity.

  2. General information

    1. Before using the Website, you must read and accept these General Terms and Conditions, our policies, and all related information.
    2. By accepting these General Terms and Conditions when accessing the Website, you agree that they will apply whenever you use the Website or any tools and features made available on the Website.
    3. By accessing the Website, you acknowledge and accept that these General Terms and Conditions are legally binding and you agree to fully comply with them.
    4. We may amend these General Terms and Conditions, along with any other information and policies, without prior notice to you by posting the changes and amendments on the Website.
    5. The Website is an online tool owned, provided, and supported by Finboo, that provides freelancers with infrastructure and website functionality to enhance the efficiency of service delivery and streamline administrative processes, while offering clients tools to manage and administer the workflow with freelancers.
    6. Finboo acts as an Agent of record, reselling services from Users to Customers.
    7. We may, from time to time, and without prior notice, modify or add to the Website, including the information, products, or services described on it. However, we do not commit to keeping the Website updated. We are not liable to you or anyone else for any errors in the information provided on the Website, or if the information becomes outdated.

  3. Eligibility. Creation of the User’s area. Know your client (KYC) procedure

    1. The Website can be used and the User area can be created only if you:
      1. are able to enter into legally binding contracts;
      2. are not barred from receiving and rending Services under any jurisdictions;
      3. are not suspended from using the Website;
      4. are not subject of effective international sanctions;
      5. have a valid email address;
      6. have a valid ID document.
    2. We may, at our absolute discretion without explanations, refuse to register you as a User.
    3. You cannot delegate, transfer or assign any rights or obligations you have under this General terms and conditions and signed agreements without our prior written consent.
    4. To register a User Area, you must provide a valid personal email address and verify the email using the code received.
    5. To start using the User’s area full functionality You shall:
      1. verify your identity in accordance with the procedure provided on the Website;
      2. fill the required KYC information described in article 3.10. below;
      3. accept these General Terms and Conditions and all Website policies. The signing and accepting these General Terms and Conditions means an activation the checkbox “I have read, agree and confirm the terms and conditions and all Website policies”.
    6. The User Area shall be used exclusively by the User who has completed the verification process and not by any third party.
    7. Finboo facilitates payments exclusively for services provided by Freelancers. All payments are made directly to the Freelancer’s personal bank account or any account with a payment institution or virtual asset service provider that is solely in the Freelancer’s name. Finboo does not process payments or settlements to any third party under any circumstances.
    8. Finboo receives payments for services provided to Customers only from bank accounts, payment institution accounts, or virtual asset service provider accounts that are exclusively held by the Customer. Finboo does not accept payments from any third party that is not a Customer of Finboo.
    9. To utilize the User’s area full features, each User shall be accepted by Finboo. The acceptance can be made only after the relevant Know your client (KYC) procedure is completed.
    10. Users are obliged to go through the KYC procedure and provide following information and documentation:
      1. In case the User is an individual entrepreneur/self-employed person: actual living address, phone number, e-mail, field of expertise;
      2. In case the User is a legal entity, trust, partnership or other non-individual corporate entity: legal entity name, registration number and tax registration number (if different), legal or business address, VAT number (if the User’s entity is registered within EEA), phone number, e-mail, User’s representative name, last name, position, representation basis, User’s business activity area.
    11. After reviewing the information obtained through the KYC procedure, FINBOO reserves the right to request additional information and/or documents from the User in order to accept and approve the creation of the User Area. This may include, but is not limited to: the name and surname of the User’s shareholders and ultimate beneficial owners, date of birth, ownership percentage, and a scanned copy of the ID document.
    12. FINBOO reserves the right, at its sole discretion, to reject a User’s request to create a User Area without providing any further clarification or explanation.

  4. Service rendering. Scope of services. Invoicing

    1. A Freelancer may issue an invoice solely for services that have been actually rendered. No prepayments for services are accepted. The invoice must accurately reflect the scope of work, its price, payment method and payment details, term of payment and other required details.
    2. Payment of an invoice issued by FINBOO constitutes the Customer’s acceptance of the services rendered and a waiver of any claims regarding the quality of the work performed.
    3. The services provided by FINBOO through engaged Freelancers are limited to those listed in the Service Catalog available in the User’s personal account. No services outside the scope of the listed services in the Catalog shall be provided.
    4. The subject of payment shall be strictly limited to the services listed under the “Category” and “Sub-Category” sections of the invoice. Any comments or information provided in a field “Notes” of the invoice are considered non-binding and secondary to the primary terms of payment.
    5. Users are not permitted to modify, amend, or alter any invoices generated by Finboo, except cases when any modifications, amendments or alteration are performed within User’s area.

  5. Using the Website and the User’s area

    1. While using the Website and your User Area, you are not permitted to:
      1. take any action that could harm the reputation of FINBOO or/ and any of affiliates, the Website, or the User Area;
      2. fail to make payments for the delivered Services;
      3. violate any laws of any jurisdiction;
      4. post false, offensive, deceptive, or inappropriate content and information;
      5. transfer access to your User Area to third parties without our consent;
      6. distribute viruses or other harmful technologies, or take any actions that may harm FINBOO, the Website, the User Area, or that are unlawful, threatening, or abusive;
      7. attempt to modify, translate, adapt, edit, copy, decompile, or disassemble software programs used by us in connection with the Website and the User Area;
      8. copy, modify, or distribute any rights, content, or FINBOO’s copyrights and trademarks from the Website;
      9. collect any information about other Users in any manner;
      10. use the Website or the User Area to perform any illegal activity.

  6. Closing User’s area

    1. Any User can close its User’s area at any time at its own discretion.
    2. FINBOO reserves the right to close a User’s Area if:
      1. the User violates these General Terms and Conditions;
      2. the User fails to comply with the requirements or instructions of FINBOO;
      3. the User’s Private Profile remains inactive for 12 (twelve) months;
      4. FINBOO has reasonable suspicions regarding violations of these General Terms and Conditions;
      5. FINBOO reasonably believes that the User’s actions may cause damage or harm to FINBOO in any way.
    3. FINBOO is not obligated to provide the User with explanations or justifications for the closure of their User Area.
    4. The closure of the User’s Area results in:
      1. the User losing access to the User Area;
      2. the User being unable to order or request Services;
      3. the User being unable to order the Services, make payments for acquired services or receive remuneration for rendered services.
    5. FINBOO may retain certain personal information in order to comply with regulatory requirements and to fulfill its internal and external obligations.

  7. Taxes

    1. Each User is solely responsible for determining and fulfilling their tax obligations arising from the services provided, including but not limited to any income tax, VAT, or other applicable taxes, in accordance with the laws of the country of their tax residence.
    2. FINBOO does not assume any responsibility or liability for calculating, collecting, reporting, or remitting any taxes arising from the services rendered or payments received by Users. It is the sole responsibility of each User to comply with the tax laws applicable in their jurisdiction.
    3. Users are encouraged to seek independent professional tax advice in order to ensure compliance with their local tax laws. FINBOO will not provide any tax-related advice or guidance.
    4. By using the Website and its services, the Users acknowledge and agree that they are solely responsible for determining and paying any taxes applicable to the payments they receive, based on the laws of their tax residency.
    5. FINBOO is not liable for any tax obligations of Users, and Users are fully responsible for declaring and paying any taxes due in accordance with the tax regulations of their respective countries.
    6. It is the User’s obligation to report all earnings received through the use of the Website in accordance with the tax laws of their country of residence, and FINBOO will not be held accountable for any failure by the User to meet their tax obligations.

  8. FINBOO responsibilities

    1. FINBOO shall be responsible solely for the operation of the provided infrastructure and the functionality of the Website and User Area.
    2. In no event shall FINBOO, its related entities, affiliates, or staff be liable for any damages or losses, whether arising from contract, warranty, tort (including negligence), or any other form of liability, including but not limited to:
      1. Any indirect, special, incidental, or consequential damages or losses incurred by you;
      2. Any loss of income, business, or profits (whether direct or indirect) that may arise;
      3. Any claim, damage, or loss incurred by you as a result of any transactions involving the Website/User Area.
    3. The limitations of liability set forth herein shall apply regardless of whether FINBOO, its related entities, affiliates, or staff have been advised of the possibility of such losses or damages.
    4. In the event of a breach of any obligation by a User, you shall bear sole responsibility for enforcing any rights you may have. For the avoidance of doubt, FINBOO assumes no responsibility for the enforcement of any rights under these General Terms and Conditions.
    5. By accepting these General Terms and Conditions, Users acknowledge that:
      1. FINBOO operates as a digital service distributor, facilitating the provision of services offered by Freelancers;
      2. FINBOO is not responsible for the quality of the Services performed, including its terms and conditions;
      3. FINBOO bears no responsibility for payment terms;
      4. FINBOO shall not be liable for Services rendered or payments made that fall outside its scope of responsibility;
      5. In the event of User non-compliance with their obligations, FINBOO will take all necessary actions to resolve disputes between Users; however:
        1. FINBOO shall not be a party to any dispute;
        2. FINBOO shall not provide any advice;
        3. FINBOO shall maintain neutrality.
    6. You agree to take all necessary actions to resolve disputes without involving FINBOO if the subject of the dispute does not pertain to Services directly provided by FINBOO (such as the operation of the Website and/or User Area).
    7. FINBOO reserves all rights, without limitation to any other remedies, to limit, suspend, or terminate services and User access, suspend or ban access to FINBOO services, remove any content, and take any and all technical or legal measures to ban Users at its own discretion.

  9. Applicable Law and Dispute solving

    1. These General Terms and Conditions, as well as any agreements concluded between Users and FINBOO, shall be governed in all respects by the laws of the Republic of Latvia.
    2. We encourage all parties to attempt to resolve disputes through negotiation.
    3. In the event of a dispute arising between you and FINBOO, our aim is to address your concerns promptly. If we are unable to do so to your satisfaction, we will provide you with a means of resolving the dispute efficiently. We strongly recommend that you first contact us directly to seek a resolution by sending an email to claims@finboo.io.
    4. If the dispute cannot be resolved through negotiation, any dispute, controversy, or claim arising out of these General Terms and Conditions, any agreement between the parties, obligations or breaches of related documents, as well as their expiration, enforceability, interpretation, and reimbursement of legal costs, shall be resolved in the Main Arbitration (No. 40103210884) in Riga, in accordance with the rules of the arbitration court. The proceedings shall be conducted in writing by a single arbitrator appointed by the chairman of the arbitration court.
    5. In the event of a dispute arising between Users, each User shall inform us of the dispute by sending an email to claims@finboo.io, providing details regarding the nature of the dispute. We may, at our discretion, participate in negotiations to facilitate a swift resolution; however, we are not obligated to do so.
    6. If a dispute between Users cannot be resolved through negotiation, any dispute, controversy, or claim arising out of the agreement, obligations or breaches of related documents, as well as their expiration, enforceability, interpretation, and reimbursement of legal costs, shall be resolved in the Main Arbitration (No. 40103210884) in Riga, in accordance with the rules of the arbitration court. The proceedings shall be conducted in writing by a single arbitrator appointed by the chairman of the arbitration court.

  10. Intellectual property rights

    1. You acknowledge that the Intellectual Property Rights associated with the Website, User Area, and services, as well as any content created and provided by FINBOO, are and shall remain the sole property of FINBOO.
    2. In the event that the relevant services provided by the User require the Customer to obtain Intellectual Property Rights, such rights shall automatically vest in the Customer upon the commencement of the performance of those services, but only after the agreed remuneration for the services has been paid in full. You acknowledge that the remuneration paid by the Customer for the performance of the Services constitutes sufficient and complete compensation for both the performance of the Services resulting in the creation of Intellectual Property and the assignment of all Intellectual Property Rights related to that result, which either contains or constitutes the Intellectual Property.
    3. If you believe that your Intellectual Property Rights have been violated, please notify us by sending an email to claims@finboo.io.

  11. Contacting us

    1. If you have any questions or suggestions regarding the Website, User Area, our General Terms and Conditions, or our policies, please feel free to contact us via email at support@finboo.io.

  12. Final provisions

    1. You agree and undertake not to enter into any contractual provisions that conflict with these General Terms and Conditions. The provisions of these General Terms and Conditions shall prevail in all circumstances.
    2. You are solely responsible for ensuring compliance with your obligations regarding other Users. Failure to do so may result in liability towards that User. You must familiarize yourself with any applicable domestic and international laws, statutes, and regulations relevant to your status as a User or any activities you undertake on the Website or within the User Area.
    3. Users acknowledge and agree that nothing in these General Terms and Conditions or in any agreements concluded creates a partnership, joint venture, agency, or employment relationship between Users, or between FINBOO and any User.
    4. FINBOO will use your information only as described in the FINBOO Privacy Policy. If you object to your information being transferred or used in this manner, you may not use the User Area. For the avoidance of doubt, your name and personal information/details will be used for identification purposes.
    5. You indemnify FINBOO, including its officers, directors, agents, subsidiaries, and employees, against any claims or demands, including legal fees and costs, made against us by any third party arising from your breach of these General Terms and Conditions and any agreements concluded through the use of the Website and User Area.
    6. You must take all reasonable precautions to protect your access to the User Area. You must immediately notify FINBOO upon becoming aware of any unauthorized access or security breach related to your User Area. You acknowledge that your User Area is solely for your use, and you must not share your username and password with others. You are solely responsible for the security of your username and password. In any case, FINBOO shall not be liable for any loss or damage arising from unauthorized access to your User Area.
    7. The provisions of these General Terms and Conditions are severable. If any provision becomes invalid or unenforceable, such provision may be removed, and the remaining provisions shall remain in effect.
    8. These General Terms and Conditions may be amended by us from time to time without prior notice and without the consent of Users.
    9. You agree to receive any notices and information from FINBOO via electronic communication (including the email you provided, messages to the provided phone number, and/or within the User Area).
    10. You acknowledge the importance of reading and understanding these General Terms and Conditions, related documents, agreements, and all our policies. You also acknowledge that it is your sole responsibility to periodically review the relevant sections of the Website for updates to our policies and legal documents to ensure compliance.
    11. You acknowledge that adherence to our policies and all legal documentation mentioned herein, including but not limited to, is mandatory:
      1. Privacy Policy
      2. Customer Agreement
      3. Subcontractor Agreement.