The Service provider using the Weddingly environment confirms that they have read and accepted the terms of cooperation below.
1.1 Weddingly – web platform managed by Weddingly, Inc. that is registered in Delaware USA (651 N Broad St, Suite 206, in the city of Middletown, zip code 19709, and county of New Castle) and operating website www.theweddingly.com and related mobile apps or other technological solutions.
1.2 User – an end user (couple) who wishes to order services from vendor or a venue (Service provider) via Weddingly.
1.3 Inquiry – informative data input related to the user account of the Weddingly for ordering services by the User.
1.4 Quotation – a price offer sent to the User by the Service provider through the Weddingly, which was prepared based on the information provided by the User in the Inquiry.
1.5 Business account – Weddingly user account with special functionality for the Service provider, from which the Service provider receives information regarding inquiries and quotations. Account is accessible to the Service provider only if there is an active cooperation agreement ongoing.
2. RIGHTS AND OBLIGATIONS OF THE Service provider
2.1 The Service provider has the right to introduce its services and send Quotations to the Users via the Weddingly and enter into agreements with Users.
2.2 The Service provider has the right to introduce its activities through a company profile that can be independently managed in a Business account. However, the Service provider undertakes to publish only true, non-racist and up-to-date information on this profile and confirms that he has the right to use the audio, video, image, text or other material contained in his profile.
2.3 The Service provider is obliged to respond to incoming Inquiries with either a refusal or a Quotation within a reasonable time, but not later than within 14 calendar days from incoming Inquiry publication in the Business account.
2.4 The Service provider is not allowed to induce the User to take the communication out of the Weddingly in order to receive a (correct) Quotation.
2.5 The Service provider is not allowed to present a higher price for its service or worse cooperation conditions through the Weddingly than directly. It is also not permitted to offer additional benefits for concluding a secret agreement outside of Weddingly, with the aim of concealing the customer relationship and avoiding the obligation to pay the Fee specified in clause 4.
2.6 The Service provider is obliged to keep the key details of the event service agreement that are not covered by the Quotation with the User in writing on the Weddingly live chat in order to resolve possible misunderstandings. The key details are the time and place of the event, the period of service, the agreed payment terms, amount, possible surcharges, and any special conditions.
2.7 The Service provider is obliged to register customer relationships in the Business account as follows:
2.7.1 After concluding a substantive agreement with the User, indicate the status “My Client” (hereinafter the Client) to the User immediately, but not later than within 3 working days and confirm the dates when the service is offered and the correct amount agreed by the Parties. Service provider also confirms that they have a signed agreement with the Client confirmed directly (outside of the Weddingly).
2.7.2 After servicing the Client’s event, indicate the status “Event served” to the Client in the Business account within 3 days at the latest and (if asked by Weddingly) enter the total cost of the service(s) from which the difference specified in clause 4.4 is allowed.
2.8 The Service provider is aware that failure to properly register the customer relationship (clauses 2.7.1 and 2.7.2) shall be considered as concealment of the customer relationship and a serious breach of contract.
2.9 The Service provider is obliged to inform the Weddingly as soon as possible of all conditions that may endanger the fulfillment of this cooperation agreement or agreements concluded with the Users.
3. RIGHTS AND OBLIGATIONS OF THE WEDDINGLY
3.1 The Weddingly undertakes to publish the profile of the Service provider to the registered Users during the cooperation period.
3.2 The Weddingly has the right to suspend and/or terminate the cooperation with the Service provider if the Service provider fails to duly perform the obligations assumed by the law or -agreement with the User.
3.3 The Weddingly has the right to use the information and material presented in wedding profiles in the marketing activities of the Weddingly. The Service provider is obliged to ensure that it does not post copyrighted material on its profile to which it does not have the rights.
3.4 The Weddingly has the full right to inspect the Quotations, Inquiries or live chat logs in order to resolve misunderstandings between Parties.
3.5 The Weddingly has the right to receive a commission (hereinafter Fee) on the agreements concluded between the Service provider and the Client in accordance with the provisions of clause 4 of this cooperation agreement.
4.1 The Service provider shall pay a Fee to the Weddingly in accordance with the currently valid terms of cooperation.
4.2 The Service provider shall pay the Fee for the total amount of each Customer’s effective order. The fee becomes chargeable as of the actual date of the service(s).
4.2.1 If the Customer received Quotation by the Service provider, which led to a later customer relationship, the Service provider shall pay 5% Fee of the total cost of the service(s).
4.3 The Fee is calculated from the total amount of the service(s) paid by the Customer, including taxes. Fee also includes taxes.
4.4 If a transport fee / logistics cost has been stated on a Quotation at the time of confirming the agreement and in addition to the price of the basic service, then it will be deducted from the calculations of the Fee.
5. ENTRY INTO FORCE, AMENDMENT AND VALIDITY OF THE TERMS OF COOPERATION
5.1 The terms of cooperation agreement enters into force from the moment of confirming this digitally and is valid indefinitely. By using the Business account and Weddingly services, the Service provider confirms that it agrees to the terms of cooperation agreement and any amendments thereto, the beginning of which is indicated at the bottom of this page.
5.2 Both the Weddingly and the Service provider have the right to terminate the cooperation by notifying the other 30 calendar days in advance.
5.3 The Weddingly and the Service provider may terminate the cooperation agreement without notice only if the other has intentionally or due to gross negligence violated the obligations specified in the terms of cooperation.
5.4 Upon termination of the cooperation in any circumstances, the Service provider undertakes to fulfill the obligations related to the fulfillment of the previously sent Quotations, User agreements and to pay to the Weddingly all related Fees.
5.5 If any provision of this cooperation agreement proves to be in conflict with the laws or other legislation of the law of the United States, it shall not affect the validity of the remaining provisions. The Weddingly has the right to unilaterally replace a provision that is in conflict with the legislation of the law of the United States with a new legitimate provision. The Weddingly shall immediately inform the Service provider of any changes or additions to this cooperation agreement due to changes in legislation.
6.1 Information concerning the content and performance of this cooperation agreement is confidential and shall not be disclosed to third parties (incl. The Users or the public). Such data may be disclosed only with the prior written consent of the other party or in cases directly arising from the legislation of the law of the United States. This clause is valid indefinitely.
6.2 If the confidentiality agreement between the parties has been violated via the Weddingly, the Weddingly has the right to remove the relevant information in order to terminate the violation.
7. OTHER CONDITIONS
7.1 Neither party of this terms of cooperation may transfer the rights and obligations arising from this cooperation agreement to third parties without the prior written consent of the other party. The consent of the other party is not required for the assignment of a financial claim to third parties.
7.2 In the event of circumstances and conditions which have arisen due to force majeure and which make it impossible for the parties to perform the obligations arising from the cooperation agreement or obligations to the Users in full or in part, the term for performance of obligations shall be automatically extended by the period of force majeure.
7.3 For the purposes of the cooperation agreement, the parties shall consider force majeure to be natural and unforeseen phenomena beyond the control of the parties: natural disasters, economic embargo, war, strikes, pandemic and other internationally recognized cases of force majeure.
7.4 In the event of force majeure, the parties shall inform each other in writing immediately, but no later than within 1 (one) calendar day from the day of force majeure.