Terms and conditions
Article 1 – PREAMBLE
TREES ENGINEERING (hereafter the « Company ») is a Malaysian company registered under the number 202001041675 and whose head office is located S31-1, 6CAPSQUARE CONDOMINIUM, 50100 Kuala Lumpur Malaysia.
The Company has developed a professional connection platform, accessible at the following address: https://www.trees-engineering.com/ (« the Platform »). Through its business activities, the Company enables to match professional « Clients » with selected subcontracting engineers « Treelancer ».
The Platform works as a marketplace and as an integrated management software package. By using it, Treelancers can receive Requests for Quotation as well as Service Orders from Clients, based on their capabilities, negotiate, manage, deliver, and get paid.
Any approval to a Service Order on the Platform entails the establishment of a commercial intermediation contract between the Treelancer and Trees Engineering.
Article 2 – DEFINITION
Billing Mandate: means the billing mandate concluded between the Treelancer and the Company or the Client and the Company under the terms of which the Treelancer agrees to entrust to the Company, in compliance with the applicable rules, the establishment and issuance of its invoices relating to the Missions carried out for a Client via the Platform.
Client: means the entity acting exclusively in a professional capacity and having created a User account for the use of the Platform and for whom the Scope of Work will be delivered.
Company: means the entity registered under the number 202001041675, as mentioned in article 1, and acting as a platform host.
Content: means all the information available on the Platform.
Request for quotation: detailed description of the Client's needs to which the Treelancers must respond. After the Treelancer's answer, a negotiation can start with the Customer. Once the client has made his final choice, a Service Order Form will be sent to the selected Treelancer.
Scope of Work: means any and all documents, drawings, calculations to be generated by the Treelancer as a result of the Services performed under and in accordance with any Service Order.
Service order: means any Service Order between Trees and a Client and between Trees and a Treelancer for the provision of the Scope of Work by the Treelancer, and comprising:
- the Service Order Form and its appendix;
- the General Terms and Conditions.
Service Order Form: means the form as set out in Appendix of the Technical Services Agreement and generated on the Platform confirming the Treelancer’s acceptance for the provision of the deliverable.
Treelancer: means the natural person willing to work for operators, contractors, subcontractors dedicated to industrial engineering projects following international standards and procedures.
User: means the natural person either acting under the responsibility of the Client or acting as a Treelancer, holding a personal password, and having the authorization to access the Platform and its services.
Platform: means the platform reserved for Clients and Treelancers, offering services accessible in SaaS mode via the internet at the following address: https://www.trees-engineering.com.
Article 3 – OBJECT
The purpose of the present document is to define for the Users the conditions and rules of access and use of the Functions offered by the Platform.
- that he/she is aware that the services are provided remotely or physically on the Client’s premises;
- to be aware of the conditions under which the Platform operates
- have all the technical skills necessary to access and use the Platform in optimal conditions
The User may at any time renounce the use of the Platform and the associated services but remains responsible for any previous use.
Article 5 - DURATION
This Term of use are valid for the entire duration of the use of the Platform by the User.
Article 6 – DESCRIPTION OF TREES ENGINEERING’S SERVICES
Access to the Platform and the Services is reserved exclusively for professional use in connection with engineering industrial projects.
6.1 The integrated management tool
The Platform offers a software for:
- if you are a Treelancer : receiving Request of Quotation, negotiating with the Client, receiving Service Order Form, issue invoices, and receive payments;
- if you are a Client : suggesting the profiles best suited to your needs, putting you in contact with Treelancer and making the payment.
The Platform also allows secure document sharing, timesheet and traceability of shared documents. It also enables Users to store documents such as invoice or Service Order.
Access to the Platform is reserved to only Users that have been authorized by the Company and who has subscribed to the Functions of the Platform.
6.2 Marketplace feature
The Company provides a software and technical infrastructure to connect Clients and Treelancers and acts as a project facilitator:
- if you are a Treelancer : the marketplace service makes it possible to consult, respond to Request for Quotation, negotiate with the Client, receive Service Order and to conclude a Service Order with the Company;
- if you are a Client : the marketplace allows for the drafting, posting of Request for Quotation necessary for fulfil the project and concluding Technical Service Agreement with the Company.
The User expressly acknowledges that the Technical Service Agreement will be concluded between the Treelancer and the Company or between the Client and the Company.
6.3 Platform hosting
The Platform is accessible in SaaS mode, i.e., accessible via the internet.
The online services are hosted on the servers of the company Amazon Web Services (AWS) with the highest levels of guarantee and security. Unless otherwise stipulated, the online services do not include the delivery of media to the user.
The hosting partner ensures the routing of ﬂows to the hosted Platform via a connection to the personal space in order to allow the processing of data transmitted by the User's equipment.
Article 7 - SIGNING UP FOR THE SERVICE
To access the Functions, the User must create an account by registering for free on the Platform.
To be listed as a Treelancer on the Platform and to be visible to Clients, the User is also required to provide accurate and complete information on his profile page, as well as to update it.
The Treelancer also agrees to enter a Billing Mandate with the Company to use the Functions and to upload on the Platform, the required documents concerning them for the purpose of meeting their obligations in the fight against undeclared work, as well as the rules of transparency for the purpose of fighting against tax fraud, money laundering and financing of terrorism.
Users shall undertake to:
- Provide accurate, truthful, current, and complete information
- Update their data regularly
- Not assume another person’s identity
- Choose a strong and secure password
- Ensure their password remains secure and confidential
- Not authorize third parties to use their account and risk compromising their account and the Platform’s security
If the User provides false, inaccurate, outdated or incomplete data, the Company will be entitled to suspend or close his account and to refuse him access to all or part of the Functions in the future.
Company reserves the right to de-activate the Users’ account following a period of total inactivity equal to or greater than 24 months. The User will be informed by email. The User will be able to re-activate their account for a period of 30 (thirty) days following the date of suspension.
Article 8 – ACCESS TO THE FUNCTION
Access to the Platform and its Functions is exclusively reserved to registered Users.
Treelancers must have given the Company a mandate to draw up and issue their invoices (by accepting the Billing Mandate) to be able to use the Platform's Functions. Similarly, they must have uploaded on their profile the required documents concerning them to meet their obligations in the fight against concealed work, as well as the rules of transparency for the purpose of fighting against tax fraud, money laundering and financing of terrorism.
Users are required to comply with all obligations under the laws applicable to their status in their country of residence, as well as obligations arising from their use of the Platform.
Users are personally responsible for setting up the computer and telecommunication resources required to access the Platform. They are responsible for the telecommunication costs of accessing the Internet and using the Platform.
The Platform is accessible 24 hours a day, 7 days a week for all Users.
The Company reserves the right, without prior notice or compensation, to close the Platform or access temporarily or permanently to one or more Functions to update, modify or change operational methods, servers, and accessibility hours, without this list being limitative.
The Company reserves the right to make any changes and improvements to the Platform and its Functions that it deems necessary or useful for the proper functioning of the Platform and its Functions.
The User undertakes to:
- Provide accurate information when registering and using the Platform
- Not use a false identity to deceive others
- Use the Platform in a fair manner, in accordance with strictly professional purposes and in compliance with the legal and regulatory provisions in force
- Respect intellectual property rights regarding content provided by the Company and by other Users, as well as the intellectual property rights of third parties. Consequently, Users are prohibited from reproducing or communicating to the public, via the Platform, any content without authorization from the holders of rights to such content, when required
- Not to repurpose or attempt to repurpose any of the Platform’s features or divert them from their normal use as defined herein
- Not to imitate IP protocols or any part of the header or publication data on a forum
- Not to reverse engineer or decompile web pages
- Not to use robot software or any other automated procedure or tool or data exploration system (e.g. Data mining) to browse the Platform and use its Functions. Not to mine Users’ profiles or Platform information
- Undertake to share with the Company and other Users only that information of which the dissemination may under no circumstances be prejudicial to themselves, to other Users, the Company, or other parties
- Refrain from dissemination information or content that does not reﬂect reality
- Not to criticize a competing User
- Not to disseminate any data, information or content that is defamatory, abusive, offensive, violent, or conducive to violence, is political, racist, or xenophobic, and in general any content that contravenes the laws and regulations in force or common decency
- Not to disseminate any data, information or content that has the effect of diminishing, disorganizing, preventing normal Platform use, or disrupting or slowing down the normal ﬂow of communications between Users
- Not to use the Functions to send unsolicited bulk messages (advertising or other)
- Not to collect information on third parties, including email addresses, in order to use them for sending business or other solicitations, or to integrate them within a referencing service or equivalent, free or paid, or to engage in competitive intelligence
- Not to ask someone to collect Userships or register on a list requiring any sort of payment and with an expectation of financial gain resulting from the number of persons recruited or registered rather than from the sale, supply or use of goods or services
- Refrain from participating directly or indirectly in the establishment or development of a network aimed at implementing practices like network sales, recruiting Users, setting up a network of temporary workers or other similar practices
- Not to attempt to interfere with the service provided to any user, host, or network, including by downloading computer viruses, overloading, ﬂooding, spamming, mail bombing or crashing
In the event of a User’s breach of one or more of these rules, the Company reserves the right to suspend and/or unilaterally terminate the Contract, block the User in question’s account(s), automatically delete the messages in question, prevent the publication of all or part of the User’s profile or block their access to all or part of the Functions, temporarily or permanently, without any reciprocal action. The Company reserves the right to bring civil or criminal action in the event of a breach of system or network security.
Article 9 – AREAS FOR SHARING AND COMMUNICATION
However, should the Company be duly informed that content that is clearly illegal or unrelated to a professional exchange is posted on the Platform, the Company may be required to delete it without prior notification from it to the User that provided the said content.
The Company cannot be held liable for the non-receipt of messages sent from one User to another. The User is invited to make personal backups of the content of discussions exchanged in emails.
Article 10 – USER’S RESPONSIBILITY
The User is solely responsible for any direct or indirect prejudice that he/she may suffer because of inaccurate, incomplete, and/or misleading information that he/she provides at the time of his/her registration or in the absence of updating of this information, the consequences of which he/she alone assumes.
The User is solely responsible for all Content that he/she chooses to put online on the Platform, as the Company does not control the Content before it is put online.
The User expressly agrees, as stated in article 8, not to publish any Content that is abusive, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality and good manners, infringing, prejudicial to public order or to the rights of third parties, likely to prejudice the rights, reputation and image of the Company and, more generally, the content of which is in breach of the law and/or regulations, in particular those of a penal nature.
The Client is solely responsible for the description of the Mission offer for which it offers a fee proposal from the Treelancer. In the event of an error in the description of the Mission offer, the Client shall be solely responsible for any necessary additional services and related additional costs by formalizing an additional Mission with the Treelancer through the Platform.
The User is solely responsible for the conclusion and execution of contracts relating to a Mission that he/she concludes with another User through the Platform, the Company only intervening to put them in contact. The conclusion and execution of these contracts, which take place directly between a Treelancer and a Client, are carried out at the initiative and under the exclusive responsibility of the latter.
The Treelancer acknowledges that the technical tools and means made available by the Company do not exonerate him/her from his/her responsibility with respect to his/her legal obligations. In particular, the Treelancer acknowledges that it retains full responsibility for its legal and fiscal obligations with respect to invoicing for the original initial and/or corrective invoices issued in its name and on its behalf by the Company, with respect to its VAT declaration and payment obligations, in accordance with the Billing Mandate.
When the Platform connects the Client and the Treelancer, the latter acknowledge that they have a moral obligation to continue to use the Platform to continue their business relationship until the end of the Mission.
The Client expressly agrees to not enter into a direct or indirect contractual relationship with the Treelancer for a period of time of 12 months after the end of the Mission.
The Company reserves the right to block access to the Platform to a Client who has not paid his invoice on time.
The Company also reserves the right to block access to the Platform to a Treelancer who has refused too many Service Orders and whose refusals will then be considered as abusive.
Article 11 – THE COMPANY’S RESPONSIBILITY
The Company provides Treelancers and Clients with tools and technical means enabling them to enter a relationship. The Company's responsibility is limited to the provision of these means, as described herein, and to the limitation of liability set out in the Technical Services Agreement.
The Company shall not be held responsible for the frequency of presentation of Treelancer’s profiles on its Platform.
The Company and the User are independent parties, each acting in their own name and for their own account.
Even if the Technical Services Agreement is concluded between the Company and the Treelancer or the Company and the Client, the Company shall not be held responsible for any cancellation of payment or revocation of direct debit authorization at the initiative of the Client alone, and for any consequences that may arise from this.
The Company does its utmost to ensure the content and validity of the information and documents transmitted by Treelancers on the Platform. However, the Company shall not be held responsible in any way for breaches of obligations incumbent upon them, in the context of the fight against undeclared work and compliance with the rules of transparency, as well as any damage that may result.
Thus, the Company shall not be held responsible for false, misleading, or outdated information provided by the Treelancer.
Article 12 – PERSONAL DATA
The data processing methods related to the use of the Platform and to any other interaction with the Company are explained in the data protection policy available here (https://trees-engineering.com/privacy). This data protection policy also explains the rights of access, rectification, erasure, portability, and restriction available to the persons concerned by the processing of personal data that the Company implements. It also explains how data subjects may give instructions on the fate of their data after their death, how to withdraw consent at any time and how to lodge a complaint with a supervisory authority.
Article 13 – COOKIES
For the proper functioning of the Platform and its Functions, cookies are placed on the User's computer when connecting to the Platform. Cookies are small text files that are stored in the browser or device by Platforms, applications, online media, and advertisements.
Article 14 – INTELLECTUAL PROPERTY
14.1 License for use of the Platform and its Functions
The Company is the owner of the Platform, both in terms of its technical and graphic components, whether textual or otherwise, subject only to the content provided by the Users themselves, and advertising provided by third parties. In particular, the Platform and its Functions are provided by means of software and databases designed and developed by the Company, which belong to it or to which it holds intellectual property rights.
The content posted online on the Platform by the Company also belongs to the latter, subject to the conditions specified above. The Company is therefore the sole owner of all intellectual property rights on the Platform, its Functions, its content and the software and databases that permit its operation; use of the Platform and its Functions does not give the User any right to any of these components, subject to the rights relating to content provided by the Users themselves and to advertising provided by third parties.
14.2 License to use the contents posted online by Users
To provide the Functions and in accordance with the purpose of the Platform, the User grants the Company a non-exclusive license to use the content and the data in their profile that they will incorporate and/or publish online via the Platform.
The User warrants to the Company that the data, information, or content(s) in question comply with the law and do not infringe the rights of others.
The Company shall not acquire any ownership rights to the data, information and/or content provided by Users. By publishing their data, information and/or content on the Platform, each User accepts that:
- Profile data and information shall be made available on the said Platform and accessible to the Client to which the profiles using profile data have been effectuated. Users will be informed that the public URL address of their profile may be shared. The User can decide whether to share it and make it available to third parties. They expressly accept the use of their profile, which is the very essence of the Platform and its Functions.
- The data and information about the Client of which it is the authorized representative shall be consulted and accessible to other Users as part of the use of marketplace features for Service Order.
With the sole aim of performing the Functions, the User authorizes the Company to reproduce, represent, adapt, and translate the content and data provided by them via the Platform, under the conditions below:
- The Company is authorized to reproduce all or part of the content provided by the User on any current or future digital recording medium, and in particular, without this list being exhaustive, on any server, hard disk, removable or not, memory card, or any other equivalent medium, in any format and by any known and unknown process to date, to the extent necessary for any storage, backup, transmission or download operation required to run the Platform and provide its Functions.
- The Company is authorized to adapt and translate the content posted by Users, and to reproduce such adaptations on any current or future digital medium stipulated above, for the purpose of providing the Functions, particularly into different languages. This right includes the right to modify the layout of its content to respect the Platform’s graphic charter and/or to make it compatible with its technical capabilities or relevant formats, for insertion and/or publication via the Platform.
The purpose of this authorization is to enable the Company to distribute data concerning Clients or Treelancers in the context of a reply to a Service Order where the User has given prior consent for its use. The data may be distributed via a digital network and any communication protocol, particularly the Internet.
This license is granted worldwide and for the duration of the Use of the Functions by the User. In the event of a manifest infringement of intellectual property rights on the Platform, anyone having an interest in ensuring that their rights are protected is asked to report this infringement to the Company, by writing to firstname.lastname@example.org.
Article 15 – HYPERTEXT LINK
The User is authorized to create one or more hypertext link(s) pointing, for example, to the home page of the Platform or to his profile page if he is a Treelancer.
Users shall refrain from creating any link from Platforms that do not comply with current legislation or that are likely to harm the interests, reputation and/or image of the Platform and the Company.
In any case, the Company reserves the right to terminate this authorization at any time if it appears to it that the link established with the Platform is likely to harm its interests, its reputation and/or its image.
Under no circumstances does the existence of a hypertext link from a third-party Platform to the Platform imply cooperation and/or partnership between the Platform and this third-party Platform. The Company has no control over third-party Platforms and therefore assumes no responsibility for the content, products and/or services available on or from these third-party Platforms containing a hyperlink to the Platform.
The Platform may contain links to the Platforms of the Company's partners or to third party Platforms. The Company has no control over these Platforms and therefore assumes no responsibility for the availability of these Platforms, their content, and the products and/or services available on or from these Platforms.
The Company shall not be liable for any direct or indirect damages that may arise from the User's access to the partner and/or third-party Platform and from User's use of the contents and products and/or services of this Platform.
Article 16 – INVALIDITY
The failure of the Company to exercise its rights hereunder shall not constitute a waiver of such rights.
Article 17 - TERMINATION AND SANCTIONS
The Company may, moreover, five (5) days after having informed the User by means of the messaging system, automatically close the suspended User's account, without any compensation being due on any grounds whatsoever.
These sanctions may be taken in the following cases:
- communication of false information by the User (documents, location, experience...)
- bypassing the Platform
- subcontracting of the Missions which are entrusted to a Treelancer, to employees or to third parties
Similarly, if the User is the subject of repeated disputes or reports from Clients reported to the Company's, the Company will be entitled to delay the visibility of the content hosted within the search engine results, to suspend or close its account.
Article 18 – UNSUBSCRIPTION
User may unsubscribe from the Platform at any time and by sending an email to email@example.com.
From the termination of the contract, the User will lose access rights for the Services. When a User has subscribed to one or more paid subscriptions, provision for termination shall be effective under the contract’s conditions.
Article 19 – AGREEMENT OF PROOF
The Users and the Company agree that the Company’s computer systems and files shall prevail. Consequently, the computer files and registers stored within the computer systems operated by the Company or on its behalf under reasonable conditions of security and reliability may be validly used and produced as proof of the performance of the Contract, and more generally of any event, communication or relationship between the Parties arising from the User’s use of the Platform. Thus, the Company may validly produce as part of any procedure, for the purposes of proof of any act, fact or omission, the data, files, programs, recordings, or other elements, received, issued, or stored by means of the aforementioned computer systems, on all digital or analog media, and rely on them, except in the case of an obvious mistake.
Article 20 – INSURANCE
The Company declares that it is insured for its professional civil liability with a solvent company for material and immaterial damages resulting from a fault in the execution of the Functions.
The Company undertakes to maintain these guarantees for the duration of the Contract and to provide, at first request, a certificate with the name of the company, the number of the insurance policy and the nature and amount of the guarantees.
Article 21 - CONFIDENTIALITY
The following will be considered as confidential information any data or information
- About the personal situation of the personnel of Client, including but not limited to: Name, address, telephone number, social security number etc.)
- About the internal structure of the Company
- About methods and procedures
- More generally, about issues previously defined by one or other of the parties such as may be considered confidential
The Client or the Treelancer undertakes not to divulge any information and/or documents that are indicated to it as confidential hereabove and of which it may have become aware during the performance of the Functions, and to ensure that its personnel make the same commitment.
Confidentiality does not apply to information that is or becomes publicly available.
The Users expressly agree that compliance with this article is a determinant factor.
The Users agree that violating this agreement will bring about the immediate termination of their membership, for which notice will not be given. This is notwithstanding any legal action which may be brought against them.
Article 22 – GOVERNING LAW – COURT OF JURISDICTION
IN THE EVENT OF LITIGATION, JURISDICTION IS EXPRESSLY ATTRIBUTED TO THE COURTS OF THE COURT OF APPEAL OF KUALA LUMPUR, MALAYSIA, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR GUARANTEE APPEALS, EVEN FOR EMERGENCY PROCEDURES OR FOR PROTECTIVE PROCEDURES, BY REFEREE OR BY PETITION.
Any questions about the Terms and Conditions should be addressed to this email address: firstname.lastname@example.org.