Terms and Conditions of Redegate.com

Last updated: 23.02.2021

Article 1 – Definitions
1. Administrator / Redegate – GAP GROUP Sp. z o.o.: 53-228 Wrocław, ul. Inżynierska 39 / 206, entered into the Register of Entrepreneurs by the District Court for Wrocław-Fabryczna, VI Commercial Division of the National Court Register, under KRS: 0000860301; REGON: 387044670, NIP: 8943158670.
2. Redegate Website / Website – an open-source online service run by the Administrator, which serves searching and matching Ordering Parties and Experts.
3. Account – an individualised IT record created in Redegate for the Ordering Party and / or Expert from the first correct logging in to Redegate, which allows for the full use of the Website and collecting information on activities performed by the Ordering Party and / or Expert in Redegate, protected by a unique User name (login) and password.
4. Ordering Party – an entrepreneur, a legal person or an organisational unit without legal personality that has accepted the Website Terms and Conditions and submitted a Ticket on the website and / or concluded an Agreement for the provision of Consulting Services through the Administrator.
5. Expert – an entrepreneur – a freelancer, legal person or an organisational unit without legal personality that has accepted the Website Terms and Conditions and has registered on the website and / or concluded an Agreement for the provision of Consulting Services through the Administrator, being a Contractor of specific consulting services commissioned via the Redegate Website under the Order and / or Agreement.
6. Ticket – information posted on the Redegate Website regarding the need to perform: a consulting service, placed by the Ordering Party, and it is aimed at searching for an Expert(s) in the scope of the subject of the Ticket, in order to implement the subject of the Ticket by the proposed Expert(s).
7. Recommending an expert is a sequence of activities undertaken by the Redegate website aimed at presenting Experts who meet the Ordering Party’s criteria specified in the Ticket.
8. Accepting the expert is the Ordering Party’s declaration of readiness to co-operate with the Expert presented by the Redegate website.
9. Order – the scope of the consulting service accepted by the Expert and the Ordering Party, to be executed, resulting from the Ticket submitted on the Redegate Website and its acceptance for implementation, in accordance with the provisions of these Terms and Conditions.
10. Initial Offer – a co-operation proposal containing information about selected Experts for approval by the Ordering Party.
11. Agreement – arrangements concluded between the Ordering Party, the Expert and the Administrator regarding the implementation of a specific Order (resulting from the Ticket submitted and from the provisions of these Terms and Conditions), specifying
the rights and obligations of the parties, accepted by the Parties under the rules of the Redegate Website.
12. Consulting Service – the result of activities performed by the Expert as a consequence of accepting the Order for execution, in accordance with the Agreement.
13. Data documentation is a process aimed at verifying the authenticity of the data and information provided on the portal during the provision of Consulting Services
14. A disputed Order means a state where the Ordering Party does not accept the executed Order carried out by an Expert.
15. Communication between the ordering party and the expert through Redegate
16. The daily rate is the amount resulting from the concluded individual agreement for the performance of Consulting Services between the Ordering Party and the Expert, determined with the help from the Administrator.
17. The total remuneration for a given project is the product of the days devoted to the implementation of a given project and the daily rate determined by the Ordering Party and the Expert.
18. The Privacy Policy is an information document presenting the rules for the processing and protection of personal data, and it is posted on the Redegate website.
19. The benefits lost by Redegate are the percentage of the amount determined between Redegate and the Ordering Party that constitutes the total remuneration for a given project due to Redegate for the service provided.
Article 2 General Provisions and Scope of Services
1. The Terms and Conditions define the rules for the provision of paid services by Redegate to the Ordering Party and the Expert, consisting in matching the Ordering Party and the Expert, settling transactions between them, the rules for using the Redegate Website, as well as the rules for the provision of other additional services specified in these Terms and Conditions and Annexes to the Terms and Conditions.
2. Redegate aims to make it easier for Ordering Parties to carry out their projects by searching for and recommending an Expert(s). The Experts accepted by the Ordering Party provide various types of Consulting Services specified by the Ordering Party in the Agreement, in which Redegate actively participates, ensuring proper communication. The Terms and Conditions regulate the rights and obligations among the Ordering Party, the Expert and Redegate acting as an intermediary.
3. Redegate does not participate in the actual provision of specific Consulting Services and acts in the relations in question only as an intermediary, negotiating terms, settling transactions and ensuring the possibility of using the Website.
4. Redegate shall not be liable for the provision and possible non-performance or improper performance of services by the recommended Experts, approved by the Ordering Party by concluding the Agreement.
5. In order to use the Redegate Website, the Ordering Parties and the Experts should, by means of separate statements submitted in electronic form, declare and ensure that:
a. They will comply with the provisions of these Terms and Conditions.
b. They agree and accept the fact that these Terms and Conditions define not only the rights and obligations of the Users towards the Administrator, but also directly create rights and obligations between the Ordering Party and the Expert, including the Expert’s liability towards the Ordering Party for the quality and manner of the performance of the Commissioned Consulting Services.
c. They have carefully read the content of these Terms and Conditions and the Privacy Policy, they know the nature of Redegate’s participation in the transactions in
question, and thus, by using the Website and posting Applications therein, they do not raise any objections or comments in this regard.
Making the declarations referred to in items a-c above determines the possibility of completing the registration process and concluding an agreement with the Administrator for the provision of services on the Redegate Website.
The declarations referred to in items a-c above will be in each case voluntary, explicit and unambiguous. Making a given declaration in electronic form takes place by marking the appropriate item (“checkbox”) or in the form of a return e-mail confirmation.
1. The Expert hereby declares and confirms that in the event of non-performance or improper performance of the Order or infringement of the copyrights of third parties in connection with the performed Order, they shall be fully liable to the Ordering Party. The Ordering Party will not make any claims in this regard against Redegate and waives these claims. If the Ordering Party intends to refer certain claims to the Expert without communication through the Administrator, the Administrator will provide the Ordering Party with all necessary information regarding the Expert.
2. The Expert agrees that the Administrator shall provide the Ordering Party, at the Ordering Party’s request, with information on the Expert, and shall provide documentation regarding the Service, in order to enable the Ordering Party to refer any claims directly to the Expert.
3. Ordering Parties and Experts who have been matched with each other via the Redegate Website may not settle transactions outside the Website. A user who breached the above obligation shall be fully liable to Redegate for damages, and in particular, they are obliged to pay Redegate compensation for the benefits lost by Redegate.
4. The Ordering Parties and the Experts accept the loyalty clause and the non- circumvention clause, which is valid for up to 18 months from the moment of providing each piece of information on a Ticket, in particular:
a. The Expert is forbidden to contact the Redegate Ordering Party, directly or indirectly, in person or through third parties, as well as the clients of the Ordering Parties, for whom Redegate has been active.
b. The Expert is forbidden to submit offers for consulting services, accept projects and consulting services, in person or through third parties, for Ordering Parties, for whom that Expert has been presented, or is executing or has executed Orders on behalf of Redegate.
c. The Ordering Party is forbidden, independently or with the use of another entity, to conclude a separate co-operation agreement with the presented Expert, after submitting the Ticket, during the Order, up to 18 months after the end of the Consulting Service.
d. In the case of concluding an agreement between the Ordering Party and the Expert after submitting the Ticket, during the execution of the Order or before the end of the 18th month after the end of the Service, the Ordering Party and the Expert shall pay a contractual penalty to Redegate in the amount of twice the total remuneration for a given project.
1. The Ordering Party and the Expert may change the form of co-operation only with the consent of and after agreeing the terms with the Administrator.
2. The Expert declares that all Orders carried out for the Ordering Party will be performed in accordance with the law, including the provisions on the protection of
personal data and intellectual property rights, particularly the copyrights and industrial property rights of third parties. Under this declaration, the Expert shall be fully liable for damages to the Ordering Party, in accordance with applicable law. In the event of non-compliance of the above declaration with the factual and legal situation, the Ordering Party has the right to demand compensation from the Expert on general principles provided for by law.
3. All communication between the Administrator and the User shall take place via the internal communication channels of the Redegate Website, via e-mail – to the e-mail address, by phone or via the User’s postal address provided during Registration.
Article 3. Use of the Website Services
Submitting Tickets
1. The Ordering Party may use all the functionalities of the Redegate Website, registering a Ticket on the Website by completing the electronic form and accepting the Terms and Conditions, with full consequences resulting therefrom.
2. The correct performance of the above activities results in the Ordering Party receiving an automatic notification sent by the Administrator to the e-mail address, confirming the acceptance of the Ticket.
3. The moment of receiving the confirmation of the Ticket is tantamount to the confirmation and acceptance of the terms and conditions of the provision of services by the Website on the terms resulting from the Terms and Conditions, and it is the beginning of the Application processing procedure.
4. Redegate reserves the right to withdraw from processing the Ticket at any stage of carrying out the project without reason.
Expert Registration
1. In order to start using all the functionalities of the Redegate Website, the Expert shall register on the Website by completing the electronic form available on the Redegate Website and accepting the Terms and Conditions, with full consequences resulting therefrom.
2. The Administrator may request documentation by the User of the data indicated on the Redegate Website.
3. The correct performance of the above steps shall start the process of the verification of an Expert who, after positive verification, shall receive the registration status in the system within the next 14 days. In the event of negative verification, the Expert shall receive a negative response from the Administrator and the Expert’s data shall be removed from the Website.
4. The positive verification of the Expert activates the Account on the Redegate Website and makes the User’s basic data available for the purpose of executing the Orders received through the Ordering Party, to which the Expert agrees.
5. In the event of any change of the Expert’s data provided during the registration process, the Expert should update them immediately, using the appropriate form available on the Redegate website.
6. It is forbidden to delete the data provided by the Expert in the registration form in the registration form or to change them in such a way that they do not reflect the facts, or to provide incomplete or false data.
7. It is forbidden to have two or more accounts assigned to the same Expert.
Execution of the Order – the Agreement
1. In order to begin the Ticket processing, the Ordering Party, using the Redegate Website, fills in the form on the website www.redegate.com, thus completing the basic information regarding the need for support in the implementation of their project. Approval of the Ticket form is tantamount to providing the Administrator with information about the intention to grant the Order.
2. After receiving the Ticket, the Administrator reserves the right to contact the Ordering Party directly in order to clarify the detailed information concerning the Ticket.
3. On the basis of the information provided by the Ordering Party, the Administrator, using intelligent IT systems and professional know-how, carries out the process of selecting an Expert whose professional profile, along with other detailed information, is best suited to the Ordering Party’s Ticket.
4. During the selection process, the Administrator communicates with selected registered Experts, informing them about the transfer of their profile to the Ordering Party, providing basic information from the Ticket, such as the Ordering Party’s name and the scope of the project being implemented.
5. As a result of the selection process, the Ordering Party shall be presented with the appropriate Experts for approval under the Initial Offer, taking into account the name, qualifications and experience of the Experts, together with the daily rate in order to conclude an individual agreement for the provision of Consulting Services.
6. The Administrator shall enable the Ordering Party to see the presented Experts in person after setting the date and establishing details of the meeting.
7. The Ordering Party shall inform the Administrator within 5 days from the presentation of the initial offer about the readiness to conclude an individual agreement or about the necessity of performing an additional selection process.
8. An Initial Offer submitted by the Website, pursuant to Art. 66(1) of the Civil Code, is binding for the person submitting the Ticket if the Ordering Party confirms it by signing an individual contract.
9. On the basis of the profile(s) of Expert(s) accepted by the Ordering Party, the Administrator shall present an individual agreement for the provision of consulting services.
10. The execution of the Order by the accepted Expert(s) shall begin with the signing of an individual Agreement for the performance of consulting services between the Administrator and the Ordering Party, about which the Administrator will inform the Experts accepted by the Ordering Parties.
11. The Expert is obliged to document the status of the Order on a monthly basis by providing Redegate with information confirmed by the Ordering Party about the progress of the Order.
Article 5. Settlements – Remuneration and Invoicing
The Ordering Party
1. Settlements between Redegate and the Ordering Party are based on daily rates. Each time, the conditions will be agreed as part of an individual contract and may take the form of:
a. Flat-rate fee for individual projects
b. regular monthly billing based on the number of days provided by the accepted Expert(s) confirmed by the Ordering Party.
2. The Administrator, upon the conclusion of an individual agreement between the Ordering Party and Redegate, sends to the Ordering Party, depending on the agreed method of settlement:
a. A pro forma invoice covering all or part of the amount due for the performance of a specific Order, agreed between the Website and the Ordering Party, which the Ordering Party should pay no later than by the deadline specified in the pro forma invoice, or
b. A VAT invoice covering all or part of the amount due for the performance of a specific Order, agreed between the Website and the Ordering Party, which the Ordering Party should pay no later than by the deadline specified in the VAT invoice, maximum 30 days.
3. Payments referred to in Article 5(1) and (2) should be made by bank transfer to the bank account indicated on a given pro forma invoice or VAT invoice. If the above payments are not made by the agreed deadlines, the Order is not cancelled and remains in force, and thus the Ordering Party remains obliged to pay the specified amount. In this case, the Ordering Party will receive an additional reminder about payment, and in the event of further non-payment, the Administrator will be entitled to suspend the execution of the Order and to take debt collection actions, and will also be able to charge the Ordering Party with related costs.
4. The Ordering Party, each time after completing the execution of the Order or its part (in the case of monthly settlement), is obliged to verify the status of the Order within 7 days from the submission of the settlement by the Administrator for verification. The Ordering Party may reject the Order in electronic form or via the Website, the absence of the rejection shall result in the automatic approval of the Order and issuing an invoice for the consulting services provided.
5. If the Ordering Party does not accept the executed Order, it receives the status of a “disputed Order”. In this case, the Administrator only checks whether the file / document sent by the Expert gives credibility to the number of days of consulting completed for the Ordering Party, without any substantive assessment of the quality of the Consulting Services provided.
6. The Administrator is entitled to withhold payments to the Expert when the Expert’s non-performance of the Order is obvious. The Administrator reserves the right to withhold payments to the Expert until the dispute is resolved.
7. Further reservations, complaints or claims of the Ordering Party against the Expert related to possible non-performance or improper performance of the Order shall be carried out directly between the Ordering Party and the Expert, without the possibility of directing any claims in this regard to the Administrator. However, the Administrator shall undertake to grant the parties full access to documents and information related to the execution of the Order in question.
8. The Administrator, using appropriate IT tools, may enable the Ordering Parties to add opinions on co-operation with given Experts, which may be made available to all Website Ordering Parties, in order to enable them to verify the skills and references of a given Expert.
The Expert
1. Redegate remunerates the Expert for consulting services on the basis of actually completed days of consulting and daily rates agreed for a given project in accordance
with the relevant project agreement concluded between the Administrator and the Expert.
2. The settlement between Redegate and the Expert takes place on a monthly basis and results from the number of days completed and accepted by the Ordering Party on the basis of the agreement concluded between the Administrator and the Ordering Party.
3. Acceptance by the Ordering Party of consulting services and the number of days provided under the agreement is the basis for charging the Ordering Party by the Administrator with an invoice. After paying the invoice by the Ordering Party, the Administrator transfers to the Expert the amount, established in the agreement, by bank transfer to the bank account indicated by the Expert within seven days from receiving the money.
Article 6. Agreement: Duration, Withdrawal, Termination
1. The agreement for the provision of services referred to in these Terms and Conditions is concluded after the Ordering Party submits the Ticket by completing the form on the Redegate Website and by accepting the provisions of these Terms and Conditions, and it is valid for an indefinite period of time.
2. Similarly, the registration of an Expert by placing their data on the Website and accepting the Terms and Conditions of the Redegate Website results in the conclusion of a Co-operation Agreement with the Administrator for an indefinite period of time.
3. The Agreement may be terminated by both parties with a 4-week notice period with effect at the end of the month by sending an e-mail to info@redegate.com or a written statement to the Administrator’s address, containing a statement on termination of the agreement with the indication of the data that identify the User Account.
4. The Agreement may be terminated with immediate effect, unless the Ordering Party has a valid Ticket or is in the process of executing a specific Order, in which case the Agreement shall be terminated after 30 days from the completion of the Order.
5. The Agreement may be terminated with immediate effect for important reasons, including in particular: failure to pay the bill within the agreed period and conviction for a crime.
6. The termination of the Agreement shall not affect individual agreements concluded on its basis, provided that the individual agreement specifies a date different from the date specified in this Agreement.
7. Termination of the Agreement for the provision of services referred to in these Terms and Conditions does not release the Ordering Party and the Expert from compliance with the general provisions in Article 2(9) regarding loyalty and the prohibition of circumvention.
8. Redegate reserves the right to terminate the agreement with immediate effect with the party that violates the provisions of the Terms and Conditions.
Article 7. Confidentiality of Information
1. The Parties involved shall undertake not to disclose to third parties information regarding the Order being executed, and particularly not to disclose the business and commercial secrets obtained during the execution of the Order.
2. The obligation of confidentiality shall not expire after the completion of the delivery of the Consulting Service.
3. It is stipulated that this obligation does not apply to information:
a. which was verifiably known to the Parties at the time when the Consulting Service
was performed or that information was subsequently disclosed by a third party without breach of a confidentiality agreement, statutory or regulatory requirements
b. which is publicly known at the time of execution of the Order or will become known at a later time without violating these Terms and Conditions
c. the disclosure of which is required by law or by order of a court or public authority. To the extent permitted and possible, the party receiving the disclosure obligation shall inform the other party in advance and shall allow them to contest the disclosure.
4. The Administrator may publish an anonymous short description of the project on the Administrator’s website without specifying the customer’s name, but with specifying the project’s topic, industry and duration.
5. In order to receive a written permission to publish the name and additional details of the Order, the Administrator shall contact the Ordering Party each time.

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Contact

GAP GROUP sp. z.o.o.

ul. Inżynierska, nr 39, lok. 206
53-228 Wrocław

KRS: 0000860301;
REGON: 387044670,
NIP: 8943158670