ADAM TERMS AND CONDITIONS
1. Contractual relationship and services:
1. 1. Adam:
Adam means Adam Technology s.r.o., a company having its registered office at Evropská 2758/11, 160 00 Prague 6, Czech Republic IČ (ID Number): 09360735 registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 335125.
Adam is a technology platform (hereinafter referred to as the “Adam Platform”) intended to give natural persons and legal entities an opportunity to express interest in painting and other craft services and household services (hereinafter referred to as the “Painting Services”) provided by independent providers of such services under a contract with Adam. You acknowledge that Adam does not provide painting or any other craft services or household services and all such services are provided by independent suppliers who are not employees of Adam.
By accessing and using the services, you express your consent to these Terms and Conditions (hereinafter referred to as the “Agreement”) establishing a contractual relationship between you and Adam. If you disagree with these Terms and Conditions, you are not allowed to use the services. These Terms and Conditions expressly supersede any prior contracts or arrangements with you. Adam may terminate the validity of these Terms and Conditions or any services provided by you immediately or discontinue the services or refuse access to the services or any part thereof at any time and for any reason.
Adam may change the terms regarding the services. Such changes become valid upon the publication of such updated terms and conditions here or upon the publication of the changed terms and conditions within the relevant service. By accessing and using the services after the publication of changes, you express your consent to the amended terms and conditions.
1. 2. Service User (hereinafter referred to as “you” or the “User”):
Service User means a natural person or a legal entity who has expressed interest in providing painting services as independent contractors.
If you are a natural person, by using the Adam Platform, you declare that you are 18 years old or older or you have been subject to circumstances that gave you legal capacity and therefore you are a person with full legal capacity.
If you are acting on behalf of a legal entity, by using the Adam Platform you declare that you are authorised to enter into this Agreement on behalf of the legal entity whose details (including but not limited to the company name and identification number) you, as a representative of the legal entity, provided to Adam while expressing interest in ordering painting services.
Knowingly providing false information, including but not limited to your name, address, phone number or e-mail address, is a serious and fraudulent conduct that may cause considerable damage and breach of personal data protection for Adam, independent providers of painting services and other third parties, including time demands, efforts required for and costs of the processing of such a request and potential fines. If you knowingly provide false, random or otherwise fictitious information to Adam when expressing your interest in ordering painting services, you will expose yourself to the risk of being fined by Adam up to GBP 1,000 per each such false information knowingly provided.
1. 3. Painter:
Painter means an independent provider of services operating as a legal entity or a natural person, who wishes, as a contractual partner of Adam, to enter into a Contract for Work with a Service User regarding the provision of painting services.
You acknowledge that the Painters are independent service providers and are not employed by Adam. No employment relationship exists between the Painters and Adam.
You acknowledge that Adam does not check professional licenses or permits of Painters providing services requested via the Adam Platform.
Provision of painting services:
You acknowledge that Adam is not a provider of painting services. Painting services are delivered by independent service providers - Painters who are not employed by Adam.
1. 4. Contract for Work:
Contract for Work means a contract entered into between a Service User and a Painter which sets out the Painter’s obligation to provide painting services to the Service User to the agreed extent and at the agreed price.
1. 5. Service Location:
This is the location specified by the Service User when expressing their interest in purchasing painting services in their Painting Service Inquiry.
1. 6. Communication between the Parties
The Parties shall communicate using the contact details listed in the Painting Service Inquiry by the Service User and on Adam’s website by Adam.
2. Posting an inquiry for a Painter
2. 1. An inquiry for a Painter posted online at www.painteradam.com or at another redirected or otherwise modified address (hereinafter referred to as the “Inquiry”) includes but is not limited to:
- specifications of the floor area at the Service Location which the Service User wishes to have painted
- information whether the Painter should buy the materials (paint) or whether the User will prepare the materials at their own expense
- Colour shades selected by the User
- Information whether the User wishes to include moving, primarily moving of furniture and other movable items, and thorough cleaning after the completion of the painting services
- Information whether the User wishes to have old paint or wallpaper removed or requires any other major task or repair in order to be able to duly perform the painting services
- Price offered by the Service User to the Painter for the performance of the painting services
- First and last name of the Service User
- Phone number of the Service User
- E-mail address of the Service User
- Date when the Service User wishes to have the painting services provided by the Painter
- Address of the Service Location
3. Scope of the Painting
3. 1. The exact specifications of the Painter’s services inquired by the Service User are provided in the Painting Service Inquiry.
3. 2. The painting services shall be provided at the Service Location specified in the Painting Service Inquiry.
3. 3. The Service User and the Painter shall approve the final scope of work and price at the Service Location before the start of the painting in writing with the signatures of both Parties (hereinafter referred to as the “Purchase Order”).
4. 1. You acknowledge that the services of the Adam platform may be subject to fees for services or goods that you receive from the Painter. Once you have received the services or goods acquired via the Adam platform services, Adam will mediate on behalf of the Painter the payment of the relevant fees as a representative for the collection of payment with a limited scope of the Painter’s powers. The fees paid by you are final and non-refundable unless Adam stipulates otherwise.
4. 2. After the User enters the input details at www.painteradam.com, Adam will show the recommended price, which corresponds to the entered input details in Adam’s opinion and at which, in Adam’s opinion, the Service User may be matched with a Painter. The figure is only a price recommended and estimated based on the information submitted by the Service User. The final price is determined solely by agreement between the Painter and the Service User at the Service Location before the Painter begins with the painting services. Adam does not determine the final price and does not influence it in any way.
4. 3. The final price for the painting services shall be determined by the Painter at the location before the painting begins based on the Painter’s professional assessment of the scope of the work, measurements of the Service Location and other factors that may affect the final price.
4. 4. In the event that the final price determined by the Painter before the painting begins differs from the recommended estimate, the User will be entitled to cancel the Inquiry before the painting begins.
4. 5. The fee shall be paid within 7 days of the handover of the completed work by the Painter solely and exclusively to the following account: 44328524, sort code 040075. Cash payments and payments made to other accounts shall be disregarded.
4. 6. In case of overpayment, the User is entitled to request a refund which will be paid within 30 days of the date when Adam confirms the existence of the overpayment by e-mail.
4. 7. The Service User has the right to cancel their Inquiry free of charge no later than 5 days before the planned start of the painting. If an Inquiry is cancelled less than 5 days before the planned start of the painting, Adam may charge the Service User a cancellation fee of up to 30% of the recommended price of the Inquiry or GBP 200, whichever is greater.
4. 8. The Service User expressly agrees that in the event they do not properly pay the price for work performed under the Contract for Work Done concluded between the Painter and the Service User in connection with the use of the Services provided by Adam, the following receivables will be assigned from the Painter to Adam, which will enforce these receivables against the Service User:
a) the entire receivable with accessions consisting in the entitlement to payment by the Service User of the price for the performance of the work on the basis of the Contract for Work Done concluded between the Painter and the Service User in connection with the use of the Services provided by Adam;
b) the entire receivable with accessions consisting in the entitlement to payment by the Service User of the contractual penalty in the amount of 0.05% of the outstanding amount of the price for the work for each commenced day of default with the payment of the price for the work on the basis of the Contract for Work Done concluded between the Painter and the Service User in connection with the use of the Services provided by Adam.
5. Conclusion of the Contract for Work
5. 1. The Contract for Work will be concluded upon the signing of a Purchase Order.
5. 2. By concluding the Contract for Work, the Painter agrees to provide painting services to the Service User to the scope and under the terms specified in the Purchase Order for Painting Services at the Service Location before the painting begins.
5. 3. Adam does not guarantee professional conduct, performance or quality of the services provided by the individual Painters.
5. 4. The Adam Platform is an effective tool for matching Service Users and Painters. Adam does not recommend or give any advice to the Service User regarding the selection of a specific Painter.
5. 5. Adam does not guarantee that a Service User will be matched with the same Painter or that the performance or quality of the painting will be the same if repeated Inquiries are posted by the same Service User or Inquiries are posted regarding the same Service Location.
Under the above conditions, the Customer assigns to Adam the specified receivables relating to all future Contracts for Work Done concluded with Service Users in connection with the use of the Services provided by Adam. Adam will accept these future receivables under the above conditions.
6. Miscellaneous Terms of the Contract for Work
In addition to the arrangements specified in these Terms and Conditions above and in the Painting Service Inquiry, the following terms of painting services provided by the Painter to the Service User are hereby agreed:
6. 1. The Painter is required to notify the Service User of the scope and final price of the painting services in the Purchase Order between the Painter and the Service User.
6. 2. The Painter shall notify the Service User of the completion of painting services by signing the handover report for the completed work (hereinafter referred to as the “Handover Report”) which should be signed between the Painter and the Service User.
6. 3. The Painter is entitled to complete the painting job at any time on any day as agreed with the Service User.
6. 4. The Service User agrees to cooperate with the Painter as specified in the terms and conditions or reasonably requested by the Painter, including but not limited to the following:
- Allow the Painter to access the spaces to be painted or provide the Painter with keys or access codes to the building for the purposes of painting;
- Ensure that the Service Location is accessible and fit for the painting, in particular free from any items that prevent or may prevent painting. The Painter is not required to ensure that such items are removed to ensure the proper performance of their task. If such items are not removed, the Painter is not required or authorised to have them removed and perform the painting, and, at the same time, the Painter is not liable for any defective performance caused by failure to remove such items. The above does not apply if the Service User expressed interest in the Inquiry in or agreed with the Painter before the final price confirmation on a service that includes moving of furniture or other movable items and a thorough cleaning after the painting;
- Prepare the Service Location by removing wallpaper and old paint or to ensure that no major work or repairs are required for the proper performance of the painting by the Painter. The above does not apply if the Service User expressed interest in the Inquiry in or agreed with the Painter before the final price confirmation on a service that includes the removal of old paint or wallpaper or other major tasks or repairs required for the proper performance of the painting;
- Refrain from any action that prevents painting
- The Service User agrees to check and inspect the painting job without undue delay after the completion thereof
- Where the Service User is a legal entity, it agrees to ensure that the aforementioned obligations are complied with by the users of the building in which the services are provided.
6. 5. If the Service User is in default in payment of the fee for a confirmed Purchase Order (i.e. the fee for the painting services), the User agrees to pay to the Painter a contractual penalty of 0.05% of the outstanding amount for each day of default or any part thereof.
7. Inspection of Painting Services and Handling of Complaints
7. 1. Given the nature of the activities performed, the Service User is entitled to point out defects in the Painter’s work as soon as they are detected but no later than on the day when the painted spaces are handed over by the Painter by listing the defects in question in the Handover Report describing the specific defects in the painting services, and by sending a copy of the Handover Report to Adam’s e-mail address listed on the company website.
7. 2. In the event that a complaint is not made as described in the paragraph above, the service shall be deemed to have been provided duly in accordance with the Purchase Order.
7. 3. In case of latent defects, the Service User is entitled to point out defects in the work performed as soon as they are detected but no later than 24 months after the handover of the completed work.
7. 4. In the event that the Painter causes damage to the User by violating its contractual obligations, the Service User is entitled to claim reimbursement of such damage by the Painter.
7. 5. Before the Painter is permitted to enter the Service Location, the Service User shall safely store away all valuable and fragile items. Adam is not liable for any loss of or damage to such items.
8. Personal Data Protection
8. 1. The Service User grants their consent to the processing of their personal data provided to Adam under Section 5(2)(b) of Act No. 110/2019 Sb., on personal data protection. The relevant personal data must be processed to enable performance in accordance with the Inquiry.
8. 2. The Service User’s personal data may be transferred to the Painter who expressed interest in providing services to the Service User according to the Service User’s Inquiry.
8. 3. By using the Adam Platform, including but not limited to submitting an Inquiry, you express your consent to receiving communication from Adam, including text messages, phone calls, e-mails and letters. You can withdraw your consent at any time.
8. 4. Adam shall notify the Service User of their right to access personal data and their right of rectification of personal data. If the Service User finds out or believes that Adam processes their personal data in a manner that violates the Service User’s right to protection of private and personal life or in violation of the law, particularly if the personal data are inaccurate given the purpose of their processing, the Service User has the right to request clarification from Adam, remedy of the situation, including but not limited to blocking, correcting, supplementing or erasing the personal data.
8. 5. The Service User hereby grants to Adam their express consent to receiving commercial communication regarding Adam’s services to the Service User’s e-mail address. Adam hereby notifies the Service User that they may withdraw their consent to such use of their e-mail address at any time.
8. 6. Adam may provide all necessary information to a liquidator of insurance claims or an insurance company in case of complaints, a dispute or conflict that may result in an insurance claim and to which you and an independent provider are parties if such information is necessary to resolve the complaint, dispute or conflict.
9. Common and Final Provisions
9. 1. These Terms and Conditions apply also to individual Contracts for Work and Painting Service Inquiries.
9. 2. The services are provided “as is” and “as available”. Adam disclaims any and all representations and warranties, whether express, indirect or statutory, which are not specifically included in these Terms and Conditions.
9. 3. Furthermore, Adam does not make any representations, warranties or accept any obligations concerning the reliability, timeliness, quality, suitability or availability of services and any services requested using our services or a guarantee that the services will be continuous and free of error.
9. 4. Adam does not guarantee the quality, suitability, safety or availability of the Painter.
9. 5. The Service User grants their express prior consent as defined in the second sentence of Section 1897 of the Czech Civil Code to the assignment of rights arising to Adam from an Inquiry to a third party selected by Adam provided that obligations arising to Adam from the Inquiry are transferred to the same person or entity at the same time. If necessary, the Service User also agrees to grant consent according to the first sentence of this paragraph in the appropriate form to a third party selected by Adam.
9. 6. The Service User declares that they have read and agree with these Terms and Conditions.
9. 7. These Terms Conditions came into force and effect on 1 August 2020.
Adam Technology s.r.o. | Evropská 2758/11, Dejvice, 160 00 Praha | Reg code: 09360735