General Terms and Conditions

of the www.fermeria.co.uk Web Portal

1. The AT personalistika s.r.o. trading company, organization identification number: 46 788 425, with its registered seat at Hronského 2712, 09301 Vranov nad Topľou, Slovak Republic, registered in the Commercial Register of the Prešov District Court, Section: Sro, File No. 26424 / P (hereinafter referred to as the “Operator”) issues these General Terms and Conditions (hereinafter referred to as the "GTC"), which regulate the rights and obligations between the operator and third parties (clients or other entities) - users of the https://www.fermeria.co.uk website. The operator is authorized to perform brokerage in the field of services in terms of the objects of the company.

2. In the following provisions of these GTC, the Operator defines the purpose, method of use and basic conditions of the contractual relationship for the users of the website. Any other purpose of entering and using the https://www.fermeria.sk website than stated in these GTC is prohibited. The Operator is not liable for damages and injuries caused by the use of the website for any purpose other than as defined in these GTC. The Operator is also not liable for damages and injuries caused by third parties who have obtained connections of the users through the operated website.

3. The https://www.fermeria.co.uk website is freely accessible to users who, after registering, can search through the website for a person who will provide home care for the elderly, people with severe disabilities or children, tutor or provide home help ("I'm looking for a helper - I am an advertiser ”) or who offer home care for the elderly, for people with severe disabilities or for children, tutoring a subject, teaching a foreign language or playing a musical instrument, or home help (“I am looking for work - I am a helper”) via the website (hereinafter referred to as “User, Users”). In case of using the express offer option, user registration is not required if the express offer service is available.

4. The administrator of the https://www.fermeria.co.uk website is the operator AT Personalistika s.r.o. (hereinafter referred to as the "Administrator").

5. Registration and use of the website services

Through the https://www.fermeria.co.uk website, a person may express interest in the services of the operator provided through the website by registering on this website. The registration can be done via Facebook, Gmail, or via e-mail. When registering by e-mail, following the confirmation via the authorization link, the user receives an e-mail about the completion of the registration. When registering via Facebook or Gmail, the registrant uses his account set up via Facebook or Gmail to access the operator's site. Subsequently, the User fills in his data - such as his/her first name, surname, gender, month and year of birth, telephone number, photo and creates an account. The User can then choose the type of profile and advertisement (hereinafter referred to as the "Category") mainly in the following areas: senior care, child care, tutoring, home help, specialized professions, pet sitting.

5.1. Free use of the website services for a registered user is limited - he/she can connect with at most 3 users a day, or he/she can use unlimited services of the website (connect with users without limits) for a fee - see the price list.

5.2. The User registers on the website by typing in his/her e-mail address and the chosen password and by ticking that he/she agrees to these General Terms and Conditions which he/she confirms by clicking on the box - Register. The next procedure varies according to the User's area of interest. By completing the registration, the User creates his/her account, which is protected by a login name and password. The User is obliged to protect his/her login name and password from misuse.

5.3. Creating a profile

In the event that the User creates a Profile following his/her registration and account creation, the User fills in his/her data in the category he/she has chosen. He/she fills in other data related to the selected type of Profile and advertisement that he/she wants to place on the site (e.g. qualifications, frequency of activity, work experience, education, courses and certificates, driver's license, required pay, number of people, smoking, or other optional data). At the same time, the User decides whether he/she is interested in agency offers, if so, he/she ticks the marked place. The said data will be stored in the database of the Fermeria.sk application, with which the User agrees by filling them in. The User can change the data at any time.

5.4. A user who has registered (a page with a confirmation of completing the registration has been displayed) can log in by clicking on the "Log in" link in the main menu of the website, by filling in the login name (identical to the user's e-mail address) and password, or via Facebook or Gmail. The logged-in user has access to the following pages: My profile, My ads, Personal data, My ratings, Inbox.

5.5. The User can edit the data in the profile without any restrictions by filling in the form again. One User can have multiple profiles created in accordance with the service package he uses.

5.6. Publishing a profile

  1. a) The completed User profile is automatically listed for Administrator approval after its first saving. The Administrator may refuse to publish the profile, of which the User is informed by an e-mail containing a link to edit the profile (also stating the reason for rejection). If the Administrator approves the User's profile, this Profile is published and visible on the website to third parties and registered users.

  1. b) Every amendment of the User's Profile automatically stops its display and the further display of the modified Profile is subject to Administrator approval.

  2. c) If the Profile has been approved by the Administrator, the User may suspend and subsequently resume the display of his Profile at any time. If the offered activity is no longer available, the User shall terminate the publication of his Profile.

  3. d) If the User is not active on the website, i.e. if he does not log in to the website, his profile is suspended on the 180th day since the last login to the website. The User is always notified by a repeated message before the profile is suspended. Even after suspending a profile, the User can log in to the website and reactivate his/her profile. Following the above procedure, the Administrator prevents outdated profiles from being published.

  4. e) Advanced listing of the profile - User Profiles are listed according to the time of publication. The user can buy a more advantageous position of his Profile at the top of the list - it will be displayed preferentially via the ADVANCED LISTING upgrade service. Featured Profiles are listed according to the time of purchasing the advanced listing upgrade. Use of this service will be available to Users from March 1, 2021, unless another date is specified by the Operator.

5.7. Creating an advertisement

The User can place an advertisement on the website after logging in by opening the My ads link in the main menu. When creating the first advertisement, he/she will see a prompt page with a link to the advertisement creation form. If the User has already created an advertisement, he/she can place another advertisement by clicking on the appropriate button on the My Ads page. The User fills in the form of the advertisement (all mandatory data and additional data) and saves the advertisement by clicking on the appropriate button. The User can edit the data provided in the advertisement by filling in the form. One User - Advertiser may create and publish as many advertisements as the type of package the services of which he uses allows.

5.8. Publishing an advertisement

  1. a) The filled in advertisement form is automatically listed for Administrator approval after its first saving. The Administrator may refuse to publish the advertisement, of which the User is informed by an e-mail containing a link to edit the advertisement (also stating the reason for rejection). If the Administrator approves the User's advertisement, this Advertisement is published and visible on the website for third parties and registered Users.

  1. b) Every amendment to the User's Advertisement automatically stops its display and further display is subject to Administrator approval of the modified Advertisement.

  2. c) If the Advertisement has been approved by the Administrator, the User may suspend and subsequently resume the display of his Advertisement at any time. In the event that the required service is no longer available, the User shall terminate the publication of his Advertisement.

  3. d) The advertisement expires after 30 days from its approval. However, changing the wording of the advertisement does not extend its validity. After 30 days, the display of the advertisement is suspended, of which the user is always notified via a message three days before the expiration of the advertisement. The user can extend the effectiveness of the advertisement for 30 more days, which results in treating the advertisement as a new advertisement and listing it in according to the date of the extension. Following the above procedure, the Administrator prevents outdated advertisements from being published.

  4. e) Advanced listing of the advertisement - Users' advertisements are listed according to the time of publication. Featured advertisements are listed according to the time of purchasing the advanced listing upgrade. Use of this service will be available to Users from March 1, 2021, unless another date is specified by the Operator.

5.9. Express offer

Through the https://www.fermeria.co.uk website, the User who has not registered on the said website may also publish his offer in the specified area of activities, but solely through the form provided for that purpose - Express Offer. When adding an Express Offer, the User shall state the title of the advertisement, the location of the services, the offered pay, a description of the activity he is looking for or providing, his/her first name, surname and e-mail address. The User is obliged to familiarize himself/herself with the principles for processing personal data, to read and agree to the General Terms and Conditions, before completing and saving the Express Offer advertisement. After being approved by the Administrator, the express offer is published on the website under the chosen title, location and first name of the User adding it. Use of this service will be available to Users from the launch of this service by the Operator.

5.10. Rating and reporting ratings

The possibility to evaluate and report evaluations will be available to Users from March 1, 2021, unless another date is specified by the Operator.

  1. a) On the https://www.fermeria.co.uk website the User has the right to rate a user whose services he has been provided or with whom he has communicated. The rating is expressed using numbers from 0 to 5 (0 worst rating - 5 best rating), graphics (asterisk symbols) and words (word attributes from the menu of attributes or writing any other attribute). The received rating is visible in the profile of the rated User on the https://www.fermeria.co.uk website also for unregistered users.

  2. b) A user who does not agree with the received verbal rating or feels that the verbal rating violates his/her rights has the right to report the rating by clicking on the relevant link in the list of ratings (after logging in, on the My ratings page). This does not immediately stop the reported rating from being displayed. The Administrator has the right to modify or remove the rating according to his findings and at his discretion, if it believes that the verbal rating is inappropriate or may violate the rights of the User, but is not obliged to satisfy the User's request. The Administrator deletes personal data and derogatory expressions from the verbal evaluation at all times.

5.11. Communication between Users

If the User wants to connect with another User, he/she must be logged in. Clicking on the button in the User's Profile or the User's advertisement results in displaying a pop-up contact form. The User types in his/her message for the other User and clicks on the "Send message" button, whereby the User agrees to the sending of his/her contact details (telephone number, email address) to the other User. The message is displayed on the User's "Inbox" page within one conversation, and the User sees the contact details within the conversation. If the recipient of the message responds to the message, the message appears in one conversation in the "Inbox" page of the first User. In the conversation, the contacted User also sees the contact details of the first User. The entire conversation between the Users is archived.

The basic free use of the services for natural persons is limited, the User may connect with a maximum of 3 other users of the website per day.

5.12. The User is responsible for the content of the text, photographs or graphic images published by him/her and is obliged to secure that the content of his/her Profile or Advertisement is in accordance with the valid legal regulations of the Slovak Republic and these GTC:

◦ The User may publish the Profile or Advertisement solely in the field of care for the elderly, for the disabled or for children and may not offer different products or services in the Profile or Advertisement, nor provide any advertising and promotional information or information contrary to good morals,

◦ The User must not interfere with the rights of other users, disparage their reputation or violate their rights,

◦ The User is not allowed to publish his/her personal data in the text of the Profile or Advertisement (e.g. his/her exact address, telephone number, e-mail address, date of birth, personal identification number). The Operator has the right to delete such data from the Advertisement or not to publish such an Advertisement. The contact details are to be typed in only in the section designed for this purpose. The User publishes his photograph by his own action.

5.13. The User can log out of the website and after logging in he can resume using his registration account and the Operator's services. If the User wants to log out permanently - cancel his registration account on the https://www.fermeria.co.uk website, he shall send a request for cancellation to the Operator by e-mail or in writing. The Administrator shall process the request within 30 days of receiving the request and will inform the User about the account cancellation.

5.14. The User is responsible for false information (especially withholding important information, alteration of personal data, place of business, etc.). The Operator is not liable for any damage to health or property caused by false information provided by Users in the Profiles or Advertisements created by them.

5.15. Users of the https://www.fermeria.co.uk website accept that visible logos or advertising of the Operator or third parties may be placed on the said website. Advertising (logos, videos, images) is published on the basis of a contract concluded separately with the Operator.

6. Services and prices

6.1. Users can create a registration account on the https://www.fermeria.co.uk website free of charge. Users have access to their account, they can create Profiles or Advertisements, connect with other users and use all currently available features of the website to the extent of the type of package they use in line with the Price List valid from 1/1/2021. The current Price List is available here.

6.2. The Operator provides Users with the following paid Services:

  • - placing advertisement(s), connecting with other users directly, with the access valid for a specified number of days,

  • - advanced listing upgrade of the advertisement(s), the validity of the upgraded advertisement depends on the type of the upgrade,

  • - creating profile(s), with the access valid for a specified number of days ,

  • - advanced listing upgrade of the profile(s), the validity of the upgraded profile depends on the type of the upgrade.

The validity period of the Profile or Advertisement starts from the moment of the first Administrator approval of the Profile or Advertisement.

6.3. SERVICES FOR USERS - TYPES

The Operator's services provided through the website are divided into services for natural persons of non-entrepreneurs and separately for business entities (self-employed persons, companies and other legal entities). Services are further divided into several types - "packages" according to the content of services and their price.

After ordering the service, the User shall receive a confirmation of the order and the activation of the service. Before the expiry of the service period, the Operator shall inform the User about the date of the expiration of the service.

6.3.1. Natural persons can use these service packages:

- BASIC - free use of services with limited connecting with other users - a maximum of 3 connects per day, creating 1 profile and 1 advertisement for each category, with the possibility of buying certain extra services,

- PREMIUM - paid use of services for a certain period (30 days, 90 days or 180 days) - unlimited connecting with users, creating 1 profile and 1 advertisement for each category, with the possibility of buying certain extra services.

If a registered natural person buys the extra services of the PREMIUM package, after the expiration of the paid package this natural person automatically continues to use the (limited) services of the website free of charge.

Natural persons may benefit from these paid extra services:

- UPGRADE - paid service for an advanced listing of an advertisement or profile. Advertisements or profiles are published in the order of the date they were added. In the case of using the Upgrade service, for a specified period of time (30 days) the advertisement or user profile appears on the first page when searched by other users of the website, in rotation according to the total number of upgraded advertisements.

- RECOMMENDATION - The "Recommend me a carer" service includes selecting and recommending three website users who meet all or as many of the criteria specified by the User seeking care as possible. The selection and the recommendation will be performed by the Operator meeting the specified deadline following the payment. Use of this service will be available to Users from the launch of this service by the Operator.

SERVICE PACKAGES FOR NATURAL PERSONS

Natural person
BASIC

Natural person
PREMIUM

Unlimited publication of advertisements

1 for each category

1 for each category

Unlimited publication of profiles

1 for each category

1 for each category

Unlimited viewing of profiles / advertisements

Unlimited connections

3 connects / day

Possibility to rate user profiles

Email notifications of compliant user profiles

Email notifications of received messages or user profiles

Inbox (archive of all messages )

Agency offers

PROMOTIONAL PRICE

FREE

19,99 £ with VAT (valid for 30 days) )

 

 

24,99 £ with VAT (valid for 90 days)

 

 

29,99 £ with VAT (valid for 180 days)

FURTHER SERVICES

Profile / advertisement upgrade

1,79 £ with VAT for 30 days

1,79 £ with VAT for 30 days

Recommend me a carer
* the service will be available in the future

52,39 £ with VAT
(one-off payment)

52,39 £ with VAT
(one-off payment)

 

6.3.2. Business and other entities can use these service packages:

- For a fee with unlimited connecting with users and publishing advertisements, divided according to the duration of the service into 6 months and 12 months, with the possibility of buying additional services.

The service for businesses and other entities includes publishing an unlimited number of advertisements, publishing the entity´s profile, unlimited connections with other users, possibility to evaluate users, e-mail notifications of compliant user profiles, e-mail notifications of incoming messages or user profiles, message archiving, presentation using a banner between the profiles and presentation on the web index. The banner appearing between the profiles includes the creation of an advertising banner - text and graphic processing. In case of using paid images, graphics, or videos, these items will be billed separately. The User's presentation on the Website Index means that the User's name and logo will be displayed on the Website's Index (home page).

SERVICE PACKAGES FOR COMPANIES
(Natural person entrepreneur, Legal person)

Company Business 6
(6 months)

Company
Business 12 (12 months)

Unlimited publication of advertisements

Publication of the company profile

Unlimited connections

Possibility to rate user profiles

Email notifications of compliant user profiles

Email notifications of received messages or user profiles

Inbox (archive of all messages)

Display of company profile

Company presentation on the Web Index

PROMOTIONAL PRICE

429,00 £ without VAT

519,00 £ without VAT

FURTHER SERVICES

Profile / advertisement upgrade

17,49 £ without VAT for 30 days

17,49 £ without VAT for 30 days

Businesses and other entities may benefit from these paid extra services:

- UPGRADE - paid service for an advanced listing of an advertisement or profile. Advertisements or profiles are published in the order of the date they were added. In the case of using the Upgrade service, for a specified period of time (30 days) the advertisement or user profile appears on the first page when searched by other users of the website, in rotation according to the total number of upgraded advertisements.

Businesses and other entities may benefit from these paid extra services on the basis of an agreement with the Operator:

a) Producing a banner for a presentation between the profiles in line with the User's requirements:

The Operator shall create an advertising banner on the Facebook website in line with the instructions of the User as the customer within the agreed period of time. Paid images, graphics or videos will be billed separately.

b) Unpaid status on Facebook to support advertising in line with the User's requirements:

Creating a status on the Facebook website to support advertisements. Generating job offers automatically by means of unpaid statuses on Facebook.

c) Paid status on Facebook to support the advertisements:

The Operator shall create a status on the Facebook website to support advertising within the agreed period of time for a fee of 25 % of the total daily budget for advertising without VAT (e.g. if the client wants a status or advertising on Facebook for 855,75 £, the fee is 213,94 £ and 1.069,69 £ will be invoiced). The client shall be provided with all related reports - statistics on the ad performance, budget reports.

d) Paid advertising on social media (Facebook, Instagram)

The Operator shall create a paid advertisement on the Facebook website within the agreed period of time in line with the instructions of the User as the customer for a fee of 25 % of the total daily budget for advertising without VAT. The client shall be provided with all related reports - statistics on the ad performance, budget reports.

e) Producing an advertising banner on social media:

The User can commission the Operator to produce an advertising banner on social media. Paid images or graphics will be billed separately.

6.4. Methods of payment for natural persons :

- via payment card (cardPay),

- via SMS payment (a fee is charged for this method of payment, if available).

Methods of payment for business entities and other persons:

- via payment card (cardPay),

- on the basis of an invoice issued by the Operator (a fee of 4,29 £ is charged for this method of payment).

When paying with a payment card, the general terms and conditions of Tatra banka, a.s. set by the bank for the given method of payment apply - the text can be found here. When paying via SMS, the general terms and conditions of the operator providing this method of payment apply - the text can be found here. The maturity date of the payment is the day of placing the order (except for invoice payment).

6.5. The scope and content of the services provided are specified on the website. The User can contact the Operator to ask for a more detailed explanation of the scope and content of the services. Services and fees charged by the operator are charged separately and their amount is listed on the website in the Price List separately.

6.6. The tax document for the ordered and paid service shall be issued by the Operator in accordance with Act no. 222/2004 Coll. on value added tax, as amended.

6.7. The contractual relationship between the User and the Operator is established by completing the registration on the Operator's website. The Contract is closed for a definite period defined by the duration of the registration or the ordered service in accordance with the Price List valid from 1/1/2021.

7. In the event of a defect in the services provided, the User may complain to the Operator about the defect in the service immediately upon discovery of the defect. The User must send the complaint to the Operator in writing to the email address of the Operator: fermeria@fermeria.co.uk or to his address of the registered office: Hronského 2712, 09301 Vranov nad Topľou, Slovak Republic. The Operator shall verify the stated facts and immediately notify the User of his findings and the method of correcting the defect, no later than within 30 days from the delivery of the User's complaint. The Operator proceeds with complaints in accordance with applicable law.

8. Termination of the contractual relationship:

- upon expiry of the service,

- by agreement between the User and the Operator,

- The Operator may withdraw from the contract (and cancel the registration account) for the following reasons:

a) if the User provides false information,

b) if the User breaches the contractual obligations severely,

c) if the User communicates with other Users in a derogatory or other inappropriate manner,

- The User may withdraw from the contract (and request the cancellation of the registration account) for the following reasons:

d) if the Operator provides false information,

e) if the Operator breaches the contractual obligations severely.

9. The User must not injure the Operator´s reputation, spread false and distorted information to third parties, and must not take any action to harm the Operator in any way.

10. The Operator reserves the right to announce "special offers" for new users or for existing users, which are limited in time and content. The Operator determines the date of the start and the end of the special offer. The Operator publishes the terms and conditions of the special offer on his website in a timely manner. The User has no right to claim the special offer if he/she does not meet the conditions required by the Operator to obtain these special offers.

11. The User undertakes to comply with all provisions of these GTC, in particular, he/she undertakes to pay properly and on time the remuneration for services according to the price list and these GTC.

12. The Operator commits to and declares that he will not use the User´s personal data obtained during the provision of services for purposes other than related to his activities and the fulfillment of contractual obligations.

13. The Operator proceeds in accordance with Act no. 18/2018 Coll. and Regulation 2016/679 of the European Parliament and of the Council of the European Union of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The basic principles of personal data protection of Website Users and information about their rights are available on the Website in a separate document, Principles for Processing Personal Data.

14. The contractual relations established between the User and the Operator during the operation and use of the said website are governed by the law of the Slovak Republic. The Operator issues these GTC, which are binding for all Users of the https://www.fermeria.sk website and are in accordance with the relevant provisions of the European Union Directives and applicable laws. The Operator reserves the right to amend these GTC at any time. By issuing new GTC or changing the GTC by the Operator, the old GTC shall cease to be valid on the day of publication of the new GTC or amendments to the GTC on the website.

15. The operator hereby informs the consumers that they have the right to turn to an ADR entity in cases provided for by Act no. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments to Certain Laws. A consumer is a natural person who buys goods or uses services privately, not commercially. Alternative dispute resolution is the procedure of the subject of alternative dispute resolution according to this Act, the aim of which is to achieve a friendly settlement of the dispute between the parties to the dispute. The body of alternative dispute resolution is the Slovak Trade Inspection, Prievozská 32, 827 99 Bratislava 27, Slovak Republic, organization identification number: 17 33 19 27. Other bodies of alternative dispute resolution according to the law are the Office for Regulation of Network Industries for Disputes arising from Connection Agreements, Office for Regulating Electronic Communications and Postal Services for disputes arising from public service contracts. The consumer has the right to turn to the seller for redress if he/she is not satisfied with the way in which the seller handled his complaint or if he/she believes that the seller has violated his rights. The consumer has the right to apply for the initiation of ADR of the ADR entity if the seller has responded to the request for redress in a negative manner or has not responded to it within 30 days from the date of its sending. The proposal is to be submitted by the consumer to the relevant ADR entity; the possibility of going to court is not affected.

16. When using the website, knowledge of the technical possibilities of the Internet and general skills are expected from all users of the website. The Operator is not responsible for viruses or other attacks on the computer system or other technical equipment of the users of this website. The Operator is not liable for damages caused by incorrect connection to the portal.

17.  These General Terms and Conditions shall enter into force on 1 January 2021.

 


AT personalistika s.r.o., the Operator

Anton Tekely, CEO