Terms of Use for the Marketplace
1. About the Terms of Use
Folq AS with reg.nr. 918 714 588 (“Folq”) supplies and provides a digital platform for facilitating the sale and purchase of consultancy services on app.folq.com (the “Marketplace” that requires a user account) and Folq's open websites.
The Marketplace for facilitating the sale and purchase of consultancy services is owned by Folq. The Marketplace is offered to companies that purchase consultancy services. Such companies are hereafter referred to as the “Customer”. The Marketplace is also offered to companies that provides consultancy services to the Customer, and will be referred to as the “Consultancy Company”. Folq, the Customer and the Consultancy Company are referred to individually as a “Party” and collectively as the “Parties”.
These terms (known as “Terms of Use”) apply to the Party that uses the Marketplace. By using the Marketplace, you agree to these Terms of Use. The physical person that is affiliated with the Customer or the Consultancy Company and who holds valid right to use the Marketplace, will be known as the “End User”.
This Folq’s Privacy Policy will explain how Folq processes the End User’s personal data on Folq.com and the Marketplace.
2. Minimum Requirements for Registering a User Account
All End Users of the Marketplace, regardless of whether it is a person affiliated with the Customer or Consultancy Company, must accept Folq’s Terms of Use in order to use the Marketplace.
To register an account on the Marketplace an End User must be at least 18 years old and associated with a company that is either the Consultancy Company or the Customer in the agreement with Folq. Each End User shall have their own user account, which must not be shared with other people. The End User is responsible of taking adequate precautions to ensure the confidentiality of their username and password.
3. Right of Disposition to the Marketplace
Any End User who registers an account on the Marketplace receives a non-exclusive and non-transferable right to use the Marketplace for the duration of the agreement with Folq. If the Consultancy Company or the Customer terminates the agreement with Folq, Folq will notify the Customer and the Consultancy Company and their End Users that the End User’s account will be terminated.
It is not necessary to have an ongoing agreement between the Customer and the Consultancy Company in order to retain right to use Marketplace. A right of disposition is a condition for entering into an Assignment Agreement.
4. Violation of these Terms of Use
If an End User violates these Terms of Use, Folq is entitled to revoke the End User’s user account. The End User will lose access to the Marketplace and all associated services.
5. Obligations of the End User
5.1 Duty of Loyalty
The End User must not act in a way that could damage Folq’s interests in relation to other End Users, companies affiliated with the End User or Folq.
The End user gains access through the Marketplace to assignments or consultants that Folq has vetted. If an End User finds a consultant or an assignment through the Marketplace and contributes to the Consultancy Company or Customer entering into an agreement, the agreement must be completed in accordance with Folq’s current pricing rates. If an End User contributes to a breach of this provision, the End User is responsible for paying EUR 15 000 to Folq for each breach the End User has contributed to.
This applies for the duration of the agreement with Folq, and for period of 6 (six) months after the Customer or Consultancy Company stopped using the Marketplace.
5.2 Duty to Update the Marketplace
All End Users have a user account on the Marketplace. End Users shall ensure that their account is kept up to date with contact information and information about their affiliation with the Consultancy Company or the Customer. End Users, who are consultants, have additional information about their experience and skills in their user account. End Users, who are consultants or consultancy admins, shall keep profile information and experience up to date, so that they receive necessary communication from the Marketplace, and so that their user account reflects the consultant’s current experience.