Terms and Conditions for Service Providers
These are the terms and conditions for service providers (the ‘Terms’) for www.kwotani.com.mt (the ‘Site’). The Site is operated by Kwotani Limited (‘Kwotani’, ‘we’, ‘us’ and ‘our’), a private company incorporated under the laws of Malta with registration number C 72806 and having its registered address at Block 21, Flat 102, Vjal Portomaso, St. Julians STJ 4017, Malta.
The object of the Site is to provide an online platform to enable persons providing services (the ‘Service Provider’ or ‘you’) and persons who wish to avail themselves of and pay for services (the ‘Client’) to connect with each other. The Site is intended to allow the Service Providers to offer their services in response to a Client’s search and request of various services (the ‘Services’).
All and any use of the Site shall be subject to these Terms and by using the Site in any way whatsoever you agree to be bound by these Terms in their entirety. Printing and keeping a copy of these Terms for future reference is recommended.
What do we do?
Kwotani operates a website that connects Clients with relevant Service Providers against a single request for service.
Kwotani categorises industries against keywords. All industries are easily accessible by Clients against a simple text input search or index search. Once an industry is chosen, Kwotani proceeds to intelligently asks relevant questions about the required service to the Client. Once all questions have been asked and answered, Kwotani sends the Client request to all Service Providers on its database that are registered in the industry chosen by the Client.
Interested Service Providers are then able to send a quote to the Client in a competitive scenario. A maximum of seven (7) Service Providers can do this for any given request.
The Client may then, but is not obliged to, choose the quote that is most favourable to him/her within a designated period of time.
The Service Provider selected by the Client pays Kwotani a credit/s against the value of the quoted works on the following scale (1 credit is equal to €10):
- €1 – €50: FREE
- €51 – €499: 1 credit
- €500 – €999: 3 credits
- €1,000 – €1,499: 5 credits
- €1,500+: 7 credits
We do not:
- provide the Services ourselves;
- get involved with the contract of work between the Client and the Service Provider;
- get involved with payments between the Client and the Service Provider;
- guarantee that the Clients will select you as a Service Provider;
- act as agents or partners to the Service Providers or the Client;
- take responsibility for any issues whatsoever arising in connection with Services provided by the Service Provider.
Registration as a Service Provider
It is possible for businesses and freelance individuals to register as a Service Provider.
For a business to be eligible to register as a Service Provider on our Site, the business must provide:
- A company registered e-mail address;
- Company incorporation number;
- VAT number;
- Registered Office Address;
- Company Website; and
- Office Phone Number.
For a freelance individual to be eligible to register as a Service Provider on our Site, the freelancer must provide:
- Proof of age 18+ (ID card scan);
- Mobile Phone Number;
- Address; and
- E-mail Address.
All eligible Service Providers may create an account on our Site by completing a registration form, which is accessible here www.kwotani.com/register. Registration shall be subject to our acceptance and we reserve the right to refuse any application in our sole discretion, without giving a reason.
You are responsible for the information you provide to us in your registration form and at any other time when communicating with us. Please ensure that all information is accurate, complete and up to date, including your name, the name and details of your business, telephone number, postal address and email address. You can update your registration details and account settings directly on the Site.
While creating your Kwotani account on our Site, you will be asked to include information and details under your profile regarding the Services you provide, any appropriate images and videos relative thereto, references and credentials. We are not obliged to review or edit your Profile but we may ask you to make changes to ensure it is presented in an informative and helpful way for Clients. See the Your Profile section below for further information.
When registering, you will be asked to choose from a list of Services that you provide. The Site supports a number of categories of services, which are subject to change from time to time.
If your registration is accepted, we will supply you with a login name and password (the ‘Login Details’). By registering as a Service Provider with us, you accept that your Login Details must be kept confidential. You shall be held responsible for all and any activities that take place under your Login Details. Should you become aware of or suspect any unauthorised use of your Login Details, or any other security breach, you are obliged to notify us immediately at firstname.lastname@example.org. Failure to do shall entitle us to terminate your account and registration on the Site.
Unless we have previously been notified by you in writing at email@example.com that the confidentiality of your credentials has been compromised, we are entitled to treat any use of the Site (including any quote for Services via the Site) under your credentials as being solely attributable to you.
You are entitled to register on the Site only once. Creating more than one user account is a violation of our Terms and can result in the suspension or termination of your account.
We reserve the right to disable access to your account at any time if we believe that this is required to preserve the security and proper operation of the Site, if at any time you have breached your obligations under these Terms, or if we become aware that any of the details you supplied upon registration were incorrect, inaccurate or misleading in any way.
Verifying your Identity
Once your registration has been accepted, we will verify your identity through a number of checks, including:
- verification through contact details, such as email address and phone number;
- verification through social media accounts, should you choose to link your account to a social media profile;
- validation of personal and business postal addresses;
- basic company information checks;
- identity checks using name, address and date of birth.
By registering on the Site, you consent to the above uses of your information.
Our Site provides Clients with the facility to search for a wide range of Services, and Service Providers with the facility to list and quote for the same Services.
A full list of the Services offered on the Site is listed here www.kwotani.com.mt/service.
There are a number of Services we do not currently permit on our Site. These include, but are not limited to, babysitting, caregiving services, property rental, lending of money and dating services. We regularly review our list of permitted Services and it is at our sole and absolute discretion as to whether a Service may be listed or not. We reserve the right to add or discontinue Services at any time.
As a general rule we do not permit the listing of physical or virtual goods or products and the sale of products is not allowed.
The Site is only applicable to the Maltese Islands and Services may not be offered outside this territory. All Service listings and Service Provider details must be in English.
In your profile, you should reflect a clear, accurate and honest picture of your business. Include as many details as you can, evidence of your past work (for instance through images or samples of your work), and references from past Clients, colleagues or third parties.
All details provided in relation to you and your Service/s must be honest, true and correct, including details of skills, experience and qualifications. We reserve the right to check or request verification of any qualifications, licences or memberships you may claim to have, however we are not obliged to do so. You may not misrepresent yourself or your Services, nor may you include fraudulent or illegal information.
We will receive requests for required Services (‘Request/s’) from Clients through the Site. These Requests will be assessed by us and forwarded, at our discretion, to a selection of Service Providers that fit the relevant criteria.
In submitting their Requests, Clients will be asked to respond to a number of questions and provide details, including photographs, dimensions, plans and descriptions, in order to ensure that the Service Provider has enough information to give as accurate a quote as possible.
On receipt of a Request, the Service Provider shall assess the information provided, decide whether to quote for the job and, if in the affirmative, proceed to prepare the quote via our website, including a cost estimate and personal message relative to the Service to be offered. The Service Provider’s quote will be sent directly to the Client via email notification and will appear in the request section in the Client’s ‘dashboard’ on the Kwotani website.
If the information provided in the Request is not sufficient, and you need more details to give an accurate quote for the job, you may request further details, explaining what exactly you require and why.
You are to be clear about how you price your work and do not provide quotes for work you are not appropriately competent, skilled, qualified or available to carry out. Your quote should be a reasonable estimate of the cost of the work to be carried out based on the information provided in the Request. You may not deliberately under- or over-quote.
The Client will receive a maximum of seven (7) quotes for each Request they submit. The number of quotes sent to the Client may vary according to the Service in question and the Client shall be at liberty to select and proceed with any quote received at its sole and absolute discretion.
Once the Client receives your quote they may get in touch with you directly, via our websites or otherwise. We have no control over whether the Client contacts you or not, nor are we responsible for the number of responses you receive.
Conclusion of Contract
Should a Client agree to engage you following receipt of the quote, any agreement or contract for the provision of the Service will be between you and the Client only. We will not be responsible for, or a party to, any agreement between you and the Client, nor are we bound by any of the terms of such an agreement. It is up to you and the Client to agree on terms of provision of service and to ensure that the appropriate agreement is in place.
We do not get involved in any aspect of the payment process, and any transfer of money shall be arranged directly between you and the Client.
Client materials and information
You may only use Requests and any other information or materials provided by Clients (including personal information of the Client and images and video) (‘Client Materials’) for the sole purpose of assessing the Request and preparing the relative quote. You will keep such Client Materials confidential and secure from third party access at all times. You shall remain responsible at all times for any unauthorised and/or illegal use of Client Materials.
Service Providers need to purchase credits to be able to quote for a Service. Credits are fully refunded should the Service Provider not be selected by the Client following issuance of the quote.
Each credit costs ten Euro (€10).
The amount of credits required depends on the value of works as per the issued quote, as follows:
- €1 – €50: FREE
- €51 – €499: 1 credit
- €500 – €999: 3 credits
- €1,000 – €1,499: 5 credits
- €1,500+: 7 credits
A Service Provider will not be able to issue a quote unless the Service Provider has enough credits to support the quote in the event that the Service Provider is successfully selected by the Client.
Each Client and Service Provider has a rating.
Following completion of works, both the Client and the Service Provider will be prompted to leave a review of the other party making up the transaction. We are not involved in this review in any way and cannot be held responsible for negative or unfavourable reviews.
Service Provider Content
The content you submit to or through the Site (‘Service Provider Content’), including material contained in your profile or any reviews or comments you post on the Site, must comply with the standards set out in this Section. Service Provider Content must be relevant, accurate and in compliance with applicable law.
Service Provider Content may not:
- be unlawful in any way;
- infringe any intellectual property right or other right of any other person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations;
- contain fraudulent information;
- offer Services that are illegal under Maltese law;
- offer Services in any way in competition with Kwotani;
- contain any hyperlink to any page of an internet site that resides behind a ‘paywall’ or other login screen or any ‘deep link’ where ‘deep-linking’ (except to the Site’s home page) is prohibited by the site operator;
- contain any material which is defamatory of any person or entity;
- be or be likely to be misleading or deceptive;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- be menacing, threatening, abusive or invasive of another´s privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
- contain or promote sexually explicit material;
- promote violence or aggression;
- promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
- be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- disrupt the normal flow of dialogue with an excessive amount of Service Provider Content (flooding attack) to the Site, or that otherwise negatively affects other users’ ability to use the Site;
- contain any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- be posted by a third-party agent, service or intermediary that offers to post content on behalf of others without express permission from us; or
- give the impression that it emanates from us, if this is not the case.
By using the Site, you acknowledge that it is your responsibility to ensure that you have the right to submit all and any Service Provider Content you submit to or through the Site, and that you do not submit any content which is in breach of the standards set out above.
Moreover, you agree to grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that Service Provider Content (in whole or part) in connection with the Services and the use of the Site and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of that Service Provider Content.
We will attempt to take down, edit or modify any objectionable Service Provider Content, including rating reviews and comments, and reserve the right to do so with or without notifying the Service Provider. However, given that we do not screen or moderate all Service Provider Content, with the exception of certain information as detailed in these Terms, such as Profile information, you acknowledge that you may be exposed to content that you may find objectionable or offensive, including negative feedback.
To make changes to your Service Provider Content you can contact us at firstname.lastname@example.org.
By using the Site you agree to unconditionally and irrevocably indemnify us, on demand, against all losses, liabilities, amounts paid in settlement, costs and expenses suffered or incurred by us as a result of any claim arising out of or in connection with:
- any Service you provide (or fail to provide);
- any quote;
- any Service Provider Content (including your Profile and any feedback) you submit to or through the Site;
- any use of Client Materials;
- any use you make of the Site.
This indemnity will survive termination or closure of your account for whatever reason.
You may request us to terminate your account at any time. Your Credits shall not be refunded unless you have a right to terminate under these Terms due to a breach on our part.
We reserve the right, at our discretion, to terminate your account immediately when we believe this is reasonably necessary, for instance following a breach of these Terms. All access to the Site will be suspended without prior notice. In this case any unused Credits may be refunded depending on the reason for termination.
We will not be liable to you or any third party for the termination of your account. All provisions of these Terms which are intended to have effect or to bind either party following any expiry or termination hereof, shall survive expiry or termination of these Terms to the extent permissible by law.
The object of the Site is to provide an online platform to enable Service Providers and Clients to connect with each other directly.
Subject to the provisions of this Section, we are not responsible for and disclaim any and all liability related to the provision of Services as between Service Providers and Clients. You agree that your use of the Site and provision of Services is entirely at your own risk. No representations are made by us regarding the Clients who may receive your quote, the number of times your quote will be sent to Clients or the number of jobs you will secure. You are to make your own assessment when deciding whether or not to provide a Service to a particular Client. We do not endorse any content submitted by Clients or any opinion, reliability or ability to pay expressed by the Clients and we expressly disclaim any and all liability in connection with the foregoing.
Nothing in these Terms shall limit or exclude our liability to you for death or personal injury caused by our gross negligence or for fraud or fraudulent misrepresentation or any other liability that under Maltese law may not be limited or excluded.
Subject to the immediately preceding paragraph, (i) in no event shall we be liable to you (including by reason of negligence) in contract, tort or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and (ii) our total liability arising under or in connection with these Terms or any breach or non-performance of these Terms no matter how fundamental (including by reason of negligence) in contract, tort or otherwise shall be limited to the total value of the Credits you have purchased from the Site.
Your rights and obligations under these Terms may not be transferred or assigned, whether in whole or in part.
Any notices required to be given must be given in writing, including via email, to Block 21, Flat 102, Vjal Portomaso, St. Julians STJ 4017, Malta and to email@example.com. We may give notice to you at the email or postal addresses provided to us by you in your registration, as updated by you from time to time.
Failure to enforce our rights under these Terms shall not result in a waiver of our rights.
Should any of these Terms be found to be invalid or unenforceable, all other provisions shall be unaffected.
These Terms may not be varied in any way without our express consent in writing. These Terms do not purport or intend to create any agency, partnership, joint venture, franchiser-franchisee, or employer-employee relationship.
All and any headings used shall be for references purposes only and shall in no way define, limit, construe or describe the scope or extent of any Section.
These Terms and any document expressly referred to in them shall represent the entire agreement between us.
All confidential information obtained in relation to these Terms, the Site or its use shall remain confidential. Confidential information may only be disclosed to your professional advisors, employees, officers, subcontractors and agents, and only where (i) disclosure is necessary for the purpose of exercising and performing rights and obligations under these Terms, (ii) they have been informed of the confidential nature of the disclosed information and (iii) they agree to comply with the confidentiality requirements of these Terms.
Governing law and jurisdiction
These Terms are construed in accordance with and governed exclusively by Maltese law. Any dispute, claim or controversy that arises between you and us in connection with these Terms or the Site shall be settled exclusively by the Courts of Malta. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
For further information about these Terms, please contact us at firstname.lastname@example.org.