Terms and conditions for service providers
Last updated on: June 17th, 2020
These Terms and Conditions (“Terms”) constitute the contractual basis between you as an independent third-party provider (“independent service provider”) and eazi UG (haftungsbeschränkt, i.e. with limited liability) (“eazi”), registered in the District Court Charlottenburg under number HRB 210440 B based in Reinhardtstraße 27B, 10117, Berlin, Germany. They regulate the use of mediation services and related services offered by eazi.
These general terms and conditions apply only to entrepreneurs in accordance with § 310 Sec. 1, 14 BGB (German Civil Code).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR MEDIATION SERVICES
If after review of your request to join we make the discretionary decision to activate your profile in our platforms as an independent service provider, you are giving us authorization to act as a brokering agent for you so that we can process bookings and contractually commit you to supply the services you listed to CUSTOMERS.
By accepting these conditions, you declare your legally binding acceptance of these conditions. The use of our platform and services presupposes acceptance of these conditions.
These conditions expressly replace all agreements or agreements previously concluded with you.
eazi can immediately terminate these conditions and all intermediary services vis-a-vis you, generally discontinue the intermediary services or deny access to all or part of any intermediary services at any time for any reason.
Additional conditions may apply to certain agency services, such as guidelines for a specific event, promotions or offers.
Supplementary conditions apply in addition to the conditions for the respective agency services and constitute part of them. If there is a contradiction to the present conditions, the supplementary conditions apply to the respective agency services. eazi can change the conditions at any time. eazi will notify you of the changes. By confirming the changed conditions, you agree to the changed conditions. From this point in time, the changed conditions take effect.
Our collection and use of personal data in connection with the intermediary services is carried out in accordance with eazi’s data protection guidelines, which can be found at https://eaziapp.com/privacy-policy/. Without prejudice to the data protection guidelines, eazi can, insofar as the applicable laws allow, provide a claims processor or insurer with all the necessary information (including your contact details) if there is a complaint, a lawsuit or conflict in connection with the services that eazi acts as a mediator for, in which you and a third party (in particular an independent service provider) are involved and this information or data is necessary to follow up and settle the complaint, litigation or conflict.
2. OBJECT OF THE CONTRACT
These terms and conditions apply to the mediation of agreements for services including (but not limited to) cleaning services, small home repairs, grocery delivery, pet care (“services”) with customers (“CUSTOMER”) through the offering of various technology platforms that allow independent service providers to accept requests from these customers and to carry out all payment-related activities to the conclusion of such agreements. The agreements for services are concluded solely between the CUSTOMER and the SERVICE PROVIDER. eazi itself does not become (based on a written agreement) a partner of the service agreements arranged between the CUSTOMER and the SERVICE PROVIDER. However, eazi is in any case entitled to act as a representative with power of lawyer for the SERVICE PROVIDER and to end/decide on agreements for services with CUSTOMERS.
eazi receives a commission for each service agreement that is brokered according to the fee terms described in the section “Commission” of the present Terms.
3. RELATIONSHIP BETWEEN THE PARTIES
4 CONCLUSION OF CONTRACT
1. By registering on the platform, the SERVICE PROVIDER concludes a contract with eazi for agency and other services (“agency contract“). When registering, the SERVICE PROVIDER must truthfully provide the data in accordance with Section 6 (1) and submit the documents specified there.
2. eazi will check the offer and confirm the registration to the SERVICE PROVIDER after completing the check, notifying the activation of the unrestricted user account. The agency contract is concluded with the notification of activation by email. There is no entitlement to the conclusion of an agency contract with eazi.
3. The SERVICE PROVIDER also agrees to the transfer of the data necessary for payment processing (name, account number, etc.) to the payment service provider at the same time that the agency contract is concluded.
4. eazi offers the service provider special services for a fee. The prices listed at the time of use apply.
1. eazi accepts inquiries from CUSTOMERS for services (“booking request” or “offer“) via the platform, via the eazi app, by telephone, via SMS or by e-mail, and evaluates the booking request according to location, time, price and scope of services. eazi determines suitable service providers for the booking request of the CUSTOMER and transmits the booking request (usually by forwarding the booking request by email, SMS, via the eazi portal, via the eazi app or in individual cases also by telephone).
2. The SERVICE PROVIDER notifies eazi via the platform, the eazi app, by telephone or by email whether it is performing the service.
3. eazi accepts the offer of the CLIENT on behalf of the SERVICE PROVIDER who answered the booking request first, by eazi notifying the CLIENT by email or other channel and confirming the order. The mediation is accomplished with the notification.
4. eazi is involved in the conclusion of agreements for services as an agent for the SERVICE PROVIDER. The SERVICE PROVIDER carries out the service agreements concluded with its CUSTOMERS within its own organization and on its own responsibility. eazi is not liable for the execution and fulfillment of agreements for services by the SERVICE PROVIDER.
6 OTHER eazi OBLIGATIONS
1. eazi is obliged:
a) to operate the platform and list the SERVICE PROVIDER there with the prices, times and location for services specified by the SERVICE PROVIDER,
b) to continuously maintain a user account for the SERVICE PROVIDER, on which the agreements concluded through eazi are listed;
c) to transmit appropriate booking requests from the CUSTOMERS to the SERVICE PROVIDER at the prices, times and location offered by the SERVICE PROVIDER;
d) to accept the CUSTOMER booking request on behalf of the SERVICE PROVIDER;
2. eazi does not create invoices for the services performed on behalf of the SERVICE PROVIDER.
3. eazi processes re-bookings and cancellations from CUSTOMERS (eazi is free to charge its own processing fee to the CUSTOMER). If a CUSTOMER wishes to change an appointment for services or cancel the booking, eazi will inform the SERVICE PROVIDER in a timely manner.
4. eazi takes notice of complaints from CUSTOMERS and forwards them to the SERVICE PROVIDER for inspection and possible rectification. The SERVICE PROVIDER will inform eazi if an invoice is not to be made due to notification of defects or if a credit is to be given to the CLIENT.
7 OBLIGATIONS OF THE SERVICE PROVIDER
1. When registering on the platform, the SERVICE PROVIDER confirms that he is entitled to pursue an independent activity in Germany and provides eazi with the following information I documents:
a) the expected availability and location of the services offered;
b) price of the services offered;
c) copy of a valid ID document;
d) Business license certificate and tax number;
e) email address, telephone number;
f) current status of VAT liability;
g) valid and complete bank details;
2. eazi is entitled to request references about activities as a service provider – for example references from previous customers.
3. If the above information changes, the SERVICE PROVIDER is obliged to inform eazi immediately. In addition, the SERVICE PROVIDER hereby confirms that it is aware that it is not possible to provide service agreements to the SERVICE PROVIDER without submitting the requested information and documents.
4. By registering on the platform, the SERVICE PROVIDER confirms that he provides the services within the framework of a properly registered trade. The SERVICE PROVIDER is responsible for the proper fulfillment of his duties in regards to taxes and other duties as well as for the issuance of the required invoices.
5. The SERVICE PROVIDER is available to provide services for CLIENTS in accordance with these general terms and conditions. There is no obligation to accept booking requests. The SERVICE PROVIDER authorizes eazi to accept booking inquiries and to make the declarations necessary for order processing in accordance with your instructions.
6. The SERVICE PROVIDER informs eazi of short-term changes with regard to services already booked, in particular its foreseeable delay, via the platform or by telephone, in order to enable eazi to inform the CUSTOMER in a timely manner.
7. The SERVICE PROVIDER agrees to the forwarding of his address and contact details to his CUSTOMERS, provided that these are expressly requested by his CUSTOMERS, the request is in connection with a booked order and there is a clear reason for this (e.g. assertion of claims against the SERVICE PROVIDER).
1. CUSTOMERS who are consumers can withdraw from service agreements concluded through distance selling. Insofar as the SERVICE PROVIDER has not yet started the activity, such a revocation is not associated with a remuneration obligation for the CUSTOMER.
2. If a CUSTOMER cancels less than 24 hours before the start of the service, the SERVICE PROVIDER is entitled to the equivalent of 1 hour of work at the hourly rate set for the agreed booking.
3. Cancellation of accepted booking requests is not permitted. In the event of a cancellation less than 24 hours before the start of the service or a no-show, the SERVICE PROVIDER is obliged to pay eazi the equivalent of 1 (one) hour of work at the hourly rate set for the agreed booking to compensate for the loss of commission and the processing costs of the cancellation. The SERVICE PROVIDER reserves the right to prove less damage.
9 PAYMENT PROCESSING, COMMISSION
2. eazi receives a commission from the SERVICE PROVIDER for the mediation of the services and the services rendered for processing (including the mediation of the payment service contract). The commission is calculated according to the commission list valid at the time of arranging a service, which can be found here: https://eaziapp.com/dienstleister-werden/
3. eazi provides the SERVICE PROVIDER with information on the charges and fees for the services provided by the SERVICE PROVIDER and information about payment by the CUSTOMER. THE SERVICE PROVIDER instructs the payment service provider upon completion of the booking to collect the total price of the booking from the CUSTOMER and to keep the amount paid by the CUSTOMERS in trust for the SERVICE PROVIDER (minus the commission for eazi and other payment and payout related fees). Upon completion of the booking, the SERVICE PROVIDER also instructs the payment service provider to pay the amount paid by the CUSTOMER minus the commission from eazi and other payment and payout related fees to the SERVICE PROVIDER and to pay the commission to eazi. The instructions to the payment service provider are issued via the platform. The payments made by the CUSTOMERS to the payment service provider are usually paid to the SERVICE PROVIDER every Monday. The funds that are then available for payment at the payment service provider are paid by the payment service provider to the SERVICE PROVIDER. For a service fee, the SERVICE PROVIDER can instruct eazi to arrange for the payment of the funds available for payment to be paid outside the regular payment schedule by the payment service provider. The SERVICE PROVIDER is informed of the amount of the eazi commission and other payment related fees on the platform before the order is completed. The commission is paid to eazi immediately after the booking has been completed. The funds that are then available for payment at the payment service provider are paid by the payment service provider to the SERVICE PROVIDER.
4. If a service agreed between the SERVICE PROVIDER and the CUSTOMER is not performed due to a circumstance for which the SERVICE PROVIDER is responsible and the CUSTOMER therefore does not pay, eazi’s claim to commission remains in full. The same applies in the event that the CUSTOMER refuses to pay due to poor performance of the service. The service provider is responsible for enforcing unpaid remuneration.
1. eazi is not liable for the execution of the service contract by the SERVICE PROVIDER.
2. In addition, eazi is liable in the event of a violation of contractual and non-contractual obligations by eazi in accordance with the statutory provisions. eazi is liable for damages – regardless of the legal reason – in the event of intent and gross negligence. If the negligence is less than gross, eazi is only liable:
(1) for damage from injury to life, limb or health and
(2) for damage from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the agency contract in the first place and on the observance of which the SERVICE PROVIDER can regularly trust and rely (main contractual obligation).
3. The pages of www.eaziapp.com also contain links to websites that are maintained by third parties and whose contents may not be known to eazi. Links to other websites are only used to facilitate navigation. eazi assumes no responsibility for the content of external websites.
11 TERMINATION OF THE CONTRACT
1. The agency contract begins after the SERVICE PROVIDER has registered and activated in the eazi platform.
2. It runs for an indefinite period of time and can be terminated properly by both parties at any time in compliance with statutory notice periods. Termination must be in text form; a notification by e-mail is also sufficient.
3. eazi is entitled to suspend the transmission of booking requests to the SERVICE PROVIDER if it does not accept any booking request for more than 30 days. At the request of the SERVICE PROVIDER, the transmission will be resumed at any time.
12 FINAL PROVISIONS
1. The SERVICE PROVIDER agrees that eazi may contact the SERVICE PROVIDER by e-mail, telephone or by post during the term of the agency contract and up to 6 months afterwards to improve and expand the offers on the website www.eaziapp.com, in order to assess the satisfaction with the offers on the platform and to inform about additions, extensions, news and cooperation offers.
2. During the term of this contract, the SERVICE PROVIDER is entitled to execute other orders for customers not acquired through eazi even without the knowledge of eazi.
3. The parties undertake to comply with the statutory provisions on the protection of personal data. The SERVICE PROVIDER will only use the personal data of their CUSTOMERS that has become known to them through a booking request to fulfill the respective service agreements.