General Terms for Service Providers

In force since: Nov 30, 2021

1. 
   
2. LEGAL FRAMEWORK
   1. The Snabb Platform enables the Users to book and order the Services from the Providers.
   2. For the provision of Services through the Snabb Platform, a Service Agreement is concluded directly between the Client and the Provider. A Service Agreement is deemed to be concluded from the moment the Order is confirmed on the Snabb Platform.
   3. By operating the Snabb Platform, Snabb acts only as a provider of the information society service and is not a party to any Service Agreement. Snabb is not the provider of the Services and is not liable in any way for the performance of the Services.
   4. Section 2.3 shall not apply to the extent Snabb itself acts as the provider of the parking service with respect to certain parking spaces in which case Snabb shall be considered the Provider with respective rights and obligations.
   5. By operating the Snabb Platform, Snabb acts as the agent for the Providers in relation to mediation of Service Agreements between the Providers and the Clients. By signing the Special Terms, the Provider authorizes Snabb to receive payments from the Clients on behalf of the respective Provider (principal) and forward the received funds subject to agreed deductions, to the Providers.
   6. In addition to these General Terms, the booking, ordering and paying for specific Services may be governed by Additional Terms applicable specifically to such Services, as made available through the Snabb Platform or on the site of provision of Services.
      
      
3. Snabb PLATFORM
   1. After signing the Special Terms, Snabb enables the Provider to use the Snabb Platform for the purpose of providing the Service.
   2. All information regarding the Provider and the provision of its Services is provided to Snabb by the Provider and is uploaded to the Snabb Platform by (a) Snabb exactly as communicated by the Provider or, (b) directly by the Provider, if the respective function has been made available to the Provider through the Snabb Platform. The Provider shall ensure that all information provided by the Provider, including in particular the information regarding the prices of the Services, is accurate and complete and Snabb shall have no obligation to verify such information. Snabb will not change any information provided by the Provider unless instructed by the Provider in a form reproducible in writing.
   3. Snabb may change or remove different parts of the Snabb Platform and/or change its features in part or in whole at any time without prior notice.
   4. Snabb is not obliged to adjust the Snabb Platform according to the Provider’s needs. The development of any additional functionalities to the Snabb Platform will be agreed between Snabb and the Provider separately.
   5. Snabb shall make reasonable efforts to ensure the availability of the Providers’ Services to the Clients on the Snabb Platform 24 hours a day, seven days a week, but does not warrant that the access will be uninterrupted. Access may be interrupted, among others, for scheduled and unscheduled maintenance.
   6. Unless agreed otherwise in the Special Terms, designing, ordering and installing signs in relation to the provision of Services shall be organized by Snabb subject to the prior agreement on the division of respective costs with the Provider.
      
      
4. FEES
   1. In consideration for Snabb acting as the agent for mediation of the Service Agreements, the Provider shall pay to Snabb the Agency Fee per every Service Agreement concluded through the Snabb Platform in the amount specified in the Special Terms.
   2. In addition to the Agency Fee the Provider shall also pay to Snabb the Additional Fees, as specified in the Special Terms.  
   3. The Service Fees applicable to the Clients are determined by the Provider and uploaded onto the Snabb Platform by (a) Snabb on the basis of the information provided by the Provider or, (b) directly by the Provider, if the respective function has been made available to the Provider through the Snabb Platform. The Provider has the right to change the Service Fees at any time by notifying Snabb thereof. The revised Service Fees enter into force after being made available on the Snabb Platform.
   4. Snabb and the Provider may agree on the application of certain promotional offers and discounts regarding the fees applicable to the Clients.
      
      
5. INVOICING AND PAYMENTS
   1. Snabb, acting as an agent of the Provider, shall prepare and issue to the Client the invoice for the Services on behalf of the Provider, and accept the Client’s payment of the Service Fee of behalf of the Provider. The payment obligations of the Client arising from the Service Agreement is deemed to be fulfilled respectively towards the Provider when payment has been performed to Snabb and charged from the Client’s credit card or using other payment method.
   2. Invoicing and payments between Snabb and the Provider will be made after each reference period. Unless agreed otherwise in the Special Terms, the reference period shall be one calendar month.
   3. Snabb undertakes to forward all Service Fee payments from the Client to the respective Provider for a given reference period.
   4. Within five business days from the expiry of each reference period Snabb will issue an invoice to the Provider for the Agency Fee and any other applicable Additional Fees for a given reference period.
   5. All payments between Snabb and the Provider will be settled by way of set-off to the maximum extent possible. All other payments between Snabb and the Provider that cannot be set off will be made by way of bank transfers.
      
      
6. COMPLAINTS
   1. If the Client has any complaints regarding the Services, the Client is encouraged to contact the Service Provider directly using the contact information made available through the Platform.
   2. The Client may also inform Snabb directly of any dissatisfaction with the Services of the Provider, in which case Snabb will forward the complaint to the Provider. In doing so Snabb is not obliged to nor does it assume any responsibility for resolving the complaint. The obligations of Snabb in resolving the complaint are limited to the extent that is necessary for proving the payment of fees by the Client.
      
      
7. TERM, TERMINATION AND SUSPENSION OF USE
   1. The Agreement concluded under the Special Terms and these General Terms is entered into without term, unless otherwise agreed in the Special Terms.
   2. Both Snabb and the Provider may terminate the Agreement without cause by notifying the other party thereof at least 30 calendar days in advance. The advance notice is not required in cases described in Section 7.3 below, and if the other party fundamentally breaches the Agreement.  
   3. Snabb is entitled to suspend the Provider from the Snabb Platform with immediate effect and without obligation to compensate any lost profit if the Provider causes any abuse or harm to the Snabb Platform, if Snabb has reasonable belief of fraudulent acts by the Provider when using the Snabb Platform, or if the Provider otherwise fails to comply with its obligations under the Special Terms or these General Terms.
   4. Upon termination of the Agreement on any grounds the Provider shall return to Snabb any equipment and devices provided by Snabb, unless the Provider has become the owner of such equipment and devices according to the Special Terms.
      
      
8. INTELLECTUAL PROPERTY RIGHTS AND DATA PROCESSING
   1. By registering on the Snabb Platform, Snabb grants the Provider a revocable, non-exclusive, non-transferable, non-sublicensable license to use the Snabb Platform for the purpose of providing the Services.
   2. All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of Snabb during the provision of the information society services under these General Terms (incl. the Snabb Platform and any material uploaded therein) belong to Snabb. The Provider shall not copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the Snabb Platform or any other software used by Snabb or extract or use any data on the Snabb Platform for commercial purposes or any other purpose than the intended purpose of the Snabb Platform.
   3. The principles for processing personal data are set out in the Privacy Policy available on the Snabb Platform.
      
      
9. LIABILITY
   1. The Provider is solely liable for the provision of the ordered Services and for any defects or issues related to the Services and other shortcomings in the performance of the Service Agreements and Snabb does not assume any liability thereof.
   2. Snabb will not be liable for any interruptions, connection errors, unavailability of, or faults in the Snabb Platform. Snabb is not providing any warranties, guarantees or representations regarding the features, functions and quality of the Snabb Platform, including regarding the absence of apparent or hidden defects, fitness for ordinary or particular (special) purpose. Notwithstanding the above, if the Provider becomes aware of any circumstances that give rise to complaints, the Provider undertakes to notify such issues to Snabb and Snabb shall make reasonable efforts to resolve the issue within 14 calendar days.
   3. Neither Snabb nor the Provider is liable to the respective other party, whether under the General Terms, Special Terms or otherwise, for any damages other than direct proprietary damages. A party is not liable for any loss of revenue, loss of business, anticipated savings or profits or any indirect, special or consequential damages or similar damages.
   4. Snabb’s aggregate liability towards the Provider arising in connection with the use of the Platform or otherwise shall be limited to the total amount of Service Fees paid by the Clients to the Provider through the Snabb Platform during six months preceding the date on which the claim arose.
   5. No limitations of liability set forth in these General Terms apply in case the damage is caused intentionally or through gross negligence.
      
      
10. MISCELLANEOUS
    1. Snabb reserves the right to make changes to the General Terms at any time, by uploading the revised General Terms onto the Snabb Platform and notifying the Provider thereof through the email address provided in the Special Terms. The revised General Terms will enter into force after 30 calendar days from sending the notification.
    2. The Agreement, its content and any information regarding the other party obtained during the performance of this Agreement that the party had not obtained without entry into this Agreement are confidential. Confidential information may not be disclosed to any third parties except upon prior written consent of the other party or if such disclosure is required under law. Disclosure of confidential information to the party’s credit institution, auditor or professional adviser is not a breach of the confidentiality undertaking if the disclosing party procures that the recipient is bound by a duty of confidentiality and will not disclose the information to third parties.
    3. The use of the Snabb Platform and all legal relations formed thereunder will be governed by the laws of Estonia.
    4. If the respective dispute resulting from these General Terms cannot be settled by negotiations, then the dispute will be finally solved in Harju County Court in Tallinn, Estonia.
    5. Where versions of these General Terms exist in any other language, the English language version shall prevail.