Treamer Terms of Service
1. Definitions and Service Description
1.1.1 ”Service Provider” shall mean Treamer Oy or its partners or both, as the context may require.
1.1.2 ”Service” shall mean the electronic employment service offered by Treamer Oy to its Users.
1.1.3 ”User” shall mean any and all persons using the Service provided by Treamer Oy.
1.1.4 ”Client” shall mean a company, community or other legal entity that uses the Service to purchase personnel services.
1.1.5 ”Employer” shall mean Treamer's subsidiary Treamer Finland Oy that acts as the employer and personnel service provider in the service.
1.1.6 ”Employee” shall mean shall mean a person that uses the Service for purposes of finding employment regardless of any success of said purposes.
1.1.7 ”Task” shall mean an action which a Client lists on the Service to be discovered by an Employee or which an Employee has undertaken to perform in the Service or both, as the context may require.
1.1.8 ”Instructions” shall mean, in addition to these Terms of Service, any instructions and/or other guides published in the Service or other communications.
1.2 Service Description
1.2.1 These Terms of Service govern the use of the Treamer service, owned by Treamer Oy, when the client is a business, a community or any legal entity. When a private individual uses Treamer to act as an employer different terms of service are applied. Treamer service is a marketplace where clients can purchase personnel services from Treamer’s
partner company Treamer Finland Oy.
1.2.2 In addition to these Terms of Service, the User undertakes to comply with any instructions of the Service Provider on the use of the Service, possibly given separately or in connection with the Service.
2. Right of Use and User Information
2.2 Every registered User has their own profile and username. For security reasons, the User is obligated to disclose their identity to their trading partner once the User is purchasing or selling services.
2.3 When a Task is completed and remuneration paid, Users are suggested to leave a review of their experience on a five-star scale rating system and provide optional written feedback.
2.4 By registering to the Service the User shall receive a right to use the Service in accordance with these Terms of Service and other instructions regarding the Service. Upon registering, the User shall provide the required registration information which allow the User to be identified and authenticated, and pick a password-protected username for the use of the Service. Impersonating as another person may be punishable as a crime.
2.5 The Service Provider shall have the right to refuse access to the Service if complete User Information is not provided or if the Information is insufficient, incorrect or inappropriate, or the User does not otherwise meet the conditions for granting access to the Service.
2.6 In order to register, you must be at least 15 years of age or older. By registering, the User assures that they are at least 15 years of age or older. A single User may have only one account.
2.7 The Service Provider shall handle the personal information of registered Users confidentially and in accordance with legislation on protection of privacy.
2.8 The Service Provider shall have the right to remove or freeze a User account at any time if the User is under suspicion of crime, does not follow instructions, or acts contrary to good practice.
2.9 The Service Provider shall have the right to inform the authorities if the User is suspected of a criminal offence.
2.10 The User shall not have the right to assign or transfer their right of use of the Service to a third party.
3. Rights and Liabilities of the User
3.1 The User undertakes to use the Service using their real name. The Service Provider shall reserve the right to remove the User from the Service if the User misrepresents herself using false information. Using a false identity is a criminal offence, and the Service Provider shall have the right to report all cases of abuse to the official authorities of the country where the Task is performed.
3.2 The username and password are user-specific and may not be transferred or disclosed to a third party. The User is responsible for all the activity conducted in the Service with their user account. In the event of disclosure of the password or username to an external party the User shall immediately inform the Service Provider.
3.3 The User shall be responsible for all direct and indirect costs resulting from the use of the Service.
3.4 The User undertakes in all use of the Service to act in accordance with these Terms of Service, any other guidelines regarding the use of the Service, as well as laws and good practice. No Tasks or services may be offered in the Service that the Service Provider has deemed prohibited or that are unethical or unlawful.
3.5 The Service may not be used in a manner that is harmful or offensive to the Service Provider, other Users of the Service, or third parties. If the User submits any image or video content to the Service, the User shall be responsible for having all necessary copyrights and other intellectual property rights to said submitted content.
3.6 The User shall receive and use the Service at their own risk, and by listing a service or Task they shall strive to describe it truthfully and in sufficient detail.
3.7 The User represents and warrants that they have the right to offer a service or work that they have listed. When the work is completed, the Employer is responsible for paying the Employee the agreed upon remuneration. The Service Provider shall not be liable for any unlawfully occurred event or action.
3.8 The User acknowledges that when they, either as an Employee or Client, have agreed on certain work, they shall also be liable to be bound by agreed procedure.
3.9 The User is recommended to leave a review of the opposing party after every service or Task on a five-star scale rating system, and strives towards an as truthful review as possible.
3.10 Tax is paid for Tasks brokered through the Service in accordance with the tax card provided to the service by the employee, and if the tax card is not provided, the tax is paid in accordance with the guidance of the tax authority. The Service Provider shall not be responsible for the User’s tax or insurance matters.
3.11 The Users shall resolve all possible disputes regarding the Task between themselves. Repeated issues shall be reported to Service administrator in order for them to be able to interfere with said issues.
3.12 The User shall be liable for any use of the Service happening through their account.
3.13 The Employee shall have the right, upon request, to receive a written testimony from their Employer which may be delivered to the Employee by the Service Provider in the manner separately provided in the Service.
3.14 The Employee may neither utilise unlawfully nor divulge to third parties the trade secrets or information that are not commonly known of the Client or the Service Provider. Liability for any loss incurred by the Client or Service Provider applies not only to the Employee who divulged the trade secret or or information that are not commonly known but also to the recipient of this information, if the latter knew or should have known that the Employee had acted unlawfully.
3.15 The Client undertakes to pay the Recruitment Fee in accordance with the applicable price list when entering into an employment relationship, service relationship, business relationship or anything comparable with Employees encountered, directly or indirectly, through the Service. If the Client violates this Agreement unannounced, the Client will be required to pay the Service Provider penalty of seventy-two thousand (72,000) Euros for each recruited or induced Employee.
4. Rights and Liabilities of the Service Provider
4.1 The Service Provider shall offer to the Users of the Service a mobile application which is generally accessible 24 hours a day. The Service Provider shall, however, have the right to take the Service or part of it temporarily down due to maintenance, installation, modification, public order and safety, excessive load on the system, or any other similar reason.
4.2 The Service Provider shall have the right to add, change or remove portions of the Service, as well as to change free of charge components of the Service to paid components, or to discontinue the maintenance of the Service in part or in its entirety. The Service Provider shall seek, where it is reasonably practicable, to inform of changes and interruptions in the Service relevant to the User in advance to the User through the Service or by other appropriate means. The changes shall take effect as soon as they are implemented.
4.3 The Service Provider shall not provide any direct or indirect guarantees of the functioning or features of the Service and does not guarantee that the Service will function without interruptions or errors.
4.4 The Service Provider shall not be responsible or liable for the content of the Service or accuracy thereof with the exception of content produced by the Service Provider. The Service Provider shall not, therefore, be responsible or liable for the correctness of User Information, the services or work listed by the Users in the Service, the accuracy or legality of listings, or the correctness of information given by the User.
4.5 The Service Provider shall only act as an employment broker and salary payment service, and is therefore not responsible or liable for the fulfilment of offered services or work, the quality of services or work, nor any wrongfully occurred matter during the performance of a service or work.
4.6 The Service Provider shall not be responsible or liable for any damage, loss or other inconveniences occurring during the services or work brokered by the Service Provider.
4.7 The Service Provider shall in no event be liable for direct or indirect damages relating in any way to the Service or its use, or to information or notifications available through the Service. The Service Provider shall not be responsible for any damage caused to the User or to third parties due to the use of the Service or the presence of failures, technical faults, malicious software, links, or interruptions in the Service.
4.8 The Service Provider shall not be liable for the Users of the Service and their reliability. The Service Provider shall in no event be liable to compensate for any accidents or criminal offences occurring during the performance of the Tasks or owing to the performance of said Tasks.
4.9 The Service Provider shall have the right to close the User account if the User is acting against these Terms of Service, the law or good manners, or if the User is not logged into the Service within twelve (12) months. The Service Provider may at any time terminate the agreement, in its sole discretion, without cause and without prior notice.
4.10 The Service is protected by copyright under the Finnish law. The Service may include material protected by copyright, trademark or other intellectual property rights. The User may not, without the express written permission of the Service Provider or other right holders, distribute, reproduce, publish, circulate or otherwise commercially exploit such protected material unless permitted by applicable law.
4.11 The Service Provider may record customer phone calls and store messages for the purposes of internal training or improving the quality of the Service.
4.12 The Service Provider may at any time change the fees and charges paid for the Service and change the non-paid Service to a paid Service, or vice versa. The fees and charges and the basis for determining such fees and charges in effect at a given time are on display on the website of the Service.
4.13 The Service Provider shall charge for the paid Service through the available methods of payment or in another possibly separately agreed method in accordance with the applicable price list. In the event of late payment, the Service Provider shall have the right to send the User a payment reminder and to charge penalty interest and a reminder fee. The Service Provider may also assign the debt to be collected by a debt collection agency. Additionally, the Service Provider shall have the right to refuse the User’s access to the Service.
4.14 The Service Provider shall have all rights in the content generated in connection with the use of the Service, such as video presentations and images. The Service Provider reserves the right to use any and all content generated in connection with the use of the Service or parts of it in its marketing, promotion and communications, with the exception of personal details, contact details, account details, or other personal data subject to applicable privacy laws and regulation.
5. Terms of personnel service
5.1 The Service Provider shall act as an employment agent between the Users of the Service. The Service Provider is not a contracting party in employment relationships formed through the Service.
5.2 In the Service, the Client personally chooses an Employee to handle the Task. The Client shall exercise the employers authority of direction and supervision, i.e. it is the Clients responsibility to sufficiently advise, instruct, and supervise the Employee so that the Employee is able to carry out their Tasks.
5.3 When a Client makes a purchase in the Service, Treamer Finland Oy is the provider of the personnel service and a fixed term employment relationship is formed between Treamer Finland Oy and the Employee. The employment relationship becomes effective when the employee selected for the order commences employment at the time agreed upon in the contract. The fixed term employment relationship lasts for the duration of the task. The probationary period of employment is always half of the duration of the employment period, but not more than four months. Employment contracts made for an indefinite period will be agreed separately. The Employer has the right to redeploy the employee to another job. The Employee has the right to refuse to reorganize the job, which leads to the cancellation of the job. The salary and other terms of employment (type of work, place and time) are defined in the service. The price of the personnel service is based on salary costs, service fee and value-added tax.
5.4 It is the responsibility of the client to make sure that the salary and other terms of the purchase and employment are aligned with the terms of possible collective union agreements that might be applicable to the work being performed.
5.5 The Client has the limited right to cancel or make changes to the order in accordance with the applicable price list.
5.6 The Service Provider has the right to cancel or terminate the employment relationship between Treamer Finland Oy and the employee as agreed between the Client and the Employee in the service, if the conditions required for the employment are not met.
5.7 In other respects the contractual relationship between the client and Treamer Finland Oy is subject to General terms and conditions for temporary agency work (HPL GTC 2014).
6. Amending the Terms of Service
5.1 The Service Provider shall have the sole discretion to unilaterally amend these Terms of Service by notifying the User by email or through the Service. The User will be deemed to have accepted such amendments to the Terms of Service by continuing to use the Service.
5.2 Having received notification of such amendments, the User may terminate the entire agreement by email or through the Service to end before the amendments become effective.
7. Term and Termination
7.1 The agreement between the User and the Service Provider shall enter into force upon the User accepting these Terms of Service and the Service Provider granting the User access to the Service.
7.2 The agreement shall remain in force until further notice. Both parties may terminate the agreement without notice by email or through the Service without cause for the termination.
7.3 After the termination of the agreement, the Service Provider shall close the User account and remove any possible material deposited by the User from the Service.
8.1 The Service Provider shall have the right to assign or transfer the agreement to a third party provided that the assignment or transfer is linked to the Service or a part of the Service being sold, or to a change in the provider or broker of the Service.
8.2 Service Provider shall always have the right to assign or transfer the agreement.
8.3 The User does not have the right to assign or transfer the agreement. The User specifically acknowledges that the right to use the Service is personal and may not be assigned or transferred to a third party.
9. Applicable law and dispute resolution
9.1 The Service and these Terms of Service are governed by the laws of Finland.
9.2 Any dispute between the Service Provider and the User shall be primarily resolved amicably by negotiations. If no agreement is reached, the dispute shall be settled in the Helsinki District Court in Finnish language.