This Service Agreement, hereinafter referred to as “Agreement,” is entered into and made effective by and between Eventsfairy (Hereinafter referred to as the “Eventsfairy”) and the service provider (Hereinafter referred to as the “Service Provider”)
In consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:
Article 1 – AGREEMENT
- Subject to the terms and conditions of this Agreement, Service Provider hereby agrees to render the required Service to the Client of Eventsfairy through Eventsfairy website, on the scheduled date of service, and Eventsfairy agrees to pay Service Provider the Fees required for the Services.
Article 2 – SERVICE PROVIDER RESPONSIBILITIES
- The Service Provider at all time maintain the dignity of work and provide the client’s with the best quality of services possible without any possibility of complaint from the client.
- The Service Provider must reach the client for the purpose of any service on exact time and date which has been scheduled for providing the service.
- The Service Provider is expressly not permitted to use any drugs or alcohol before the service of any client, any misbehavior with the client and breach of these terms and conditions will be reasons for the termination of service provider and legal proceedings against the Service Provider.
- The Service Provider must not contact the client to provide their services any direct contact for service with the client will be considered a breach of this contract which will further result in the delisting of services and termination of this agreement.
Article 3 – LOCATION
- The Service Provider will render the Services on to the client where the client requires and has mentioned the location to provide the services.
Article 4 – STAFF OR EMPLOYEES
- The Service Provider may use any staff subcontractors or employees that the Service Provider deems fit and capable in the provision of the Services to the Client.
Article 5 – FEES
- The Service Provider hereby agrees with the payment terms and conditions of Eventsfairy.
- Eventsfairy will charge a certain percentage from every billing as a service fee for the services that are provided by the service provider to the Clients. The service fee will be charged as follows:
|TOTAL SERVICE PROVIDER COLLECTED FROM CLIENT (per transaction)||SERVICE FEE RATES|
|PHP 1 to 50,000||10%|
|PHP 50,001 to 99,999||7.5%|
|PHP 100,000.00 and above||5%|
- The applicable taxes will be collected from the client in accordance with the billing.
- The payment for the services will be released to the Service Provider within seven working days of collection from the client.
Article 6 – CASH SERVICE PAYMENT
- In the event the Client opts to pay cash payment for the services the Service provider will be under obligation to send the service receipt within 30 days of service to Eventsfairy and pay the commission accordingly.
Article 7 – BYPASSING SALES
- The service provider shall not try or attempt to divert from Eventsfairy any business Eventsfairy had enjoyed, solicited, or attempted to solicit, from their Clients; each and every payment transaction must be made using the Eventsfairy website.
Article 8 – WARRANTIES
Article 9 – INDEMNITY
- Service Provider hereby agrees to indemnify Eventsfairy, and all of its Service Providers, employees, and representatives against any and all damage, liability, and loss, as well as legal fees and costs incurred as a result of the Services rendered through this Agreement or any transaction or matter connected with the Services or the relationship between Service Provider and the client or Eventsfairy. This clause shall not be read to provide indemnification for any Party in the event that a competent court of law, rendering a final judgment, holds that the bad faith, gross negligence, or willful misconduct of the Party caused the damage, liability, or loss.
Article 10 – PERFORMANCE
- In the event of underperformance by the Service Provider or breach of this agreement, Eventsfairy may delist the Service Provider any time.
- Time shall be of the essence for the performance by the Service Provider of its obligations under the Agreement. Any dates, periods or times for performance set with the client are to be met, and in default, the Service Provider will be in breach of the Agreement. If the Service Provider failed to show on the event date that he agreed upon, a penalty of Php 10,000 or more, depending on the client’s demand, will be imposed.
Article 11 – TERM AND TERMINATION
- This agreement will remain in full force and affect till the termination from the signing date of this agreement.
- This Agreement may be terminated by either party, upon notice in writing:
- If the Service Provider commits a material breach of any term of this Agreement that is not capable of being remedied within seven (7) days or that should have been remedied within seven (7) days after a written request and was not;
- If the Service Provider becomes unable to perform its duties hereunder;
- If the Service Provider engage in any conduct prejudicial to the business of Eventsfairy, or in the event that Eventsfairy considers that a conflict or potential conflict of interest has arisen between the parties.
- If the Service Provider or its employees engage in any conduct prejudicial to the business of Eventsfairy, or in the event that Eventsfairy considers that a conflict or potential conflict of interest has arisen between the parties.
- Any termination of under this subpart shall not affect the accrued rights or liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies either Party may be entitled to. Any provision or subpart of this Agreement that is meant to continue after termination or come into force at or after termination shall not be affected by this subpart.
Article 12 – RELATIONSHIP OF THE PARTIES
- The Parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties and that this Agreement is for the sole and express purpose of the rendering of the specific Services by the Service Provider to the Clients of Eventsfairy under the terms and conditions herein.
Article 13 – GENERAL PROVISIONS
- This Agreement shall be governed in all respects by the laws of Philippines.
- This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by either Party.
- This Agreement may only be amended in writing signed by both Parties.
- None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party, only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
- If any provision or term of this Agreement is held to be unenforceable by a competent court, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
- Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
- This Agreement may be executed in counterparts, all of which shall constitute a single agreement.
- This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
1. PROTECTING YOUR PRIVACY
Eventsfairy website is committed to protecting the information about you that we collect, store and use when you provide it to us at our website.
If you believe that your privacy has been breached or you have any questions or concerns you may contact at our email providing the details of the matter so that we can solve your grievance, any and all complaints made by you will be treated by us as extremely confidential making sure to solve your grievance expediently.
2. COLLECTION & USE OF PERSONAL INFORMATION
2.1 What personal information about me does Eventsfairy hold, and how it is collected?
a). Registration process
By registering on our website and using the services as a service provider or as a client, an online form submission will be required to be filled by you to know you better.
- Full Name, date of birth;
- Phone number, email, and physical address;
- If you are a seller you will need to provide us the details of your business including the aforementioned details and bank account.
You will be unable to use our platform if you do not provide us the required details to register on our website.
b). User submitted content
While submitting your service request on the website; we collect your information, it is deemed that you permit us to publish anything that you post in the due course of obtaining the services. You acknowledge and agree to indemnify us with respect to the loss or damage occurred due to the publications made by us.
2.2 What does Eventsfairy do with my personal information?
We collect, hold and use your personal information for a number of purposes, as outlined below:
In general, we use the information that we collect to:
- Provide services to you and operate the website;
- Contact you via phone, or email in relation to your requests;
- Display, update and maintain the contents and services of the website;
- Tailor your experience of the website our communications to you; and
- Send information through email communications or newsletters outlining offers, services or events.
We may use any of your information collected by us pursuant to the promotions of the services by us. We may use it for profiling and other promotional services.
b). General uses
We may use your collected information for the following purpose:
- For marketing, advertising and administrative purpose;
- For the compilation of website statistics reports; and
- For any purpose permitted under this document and other agreements between you and Eventsfairy.
2.3 To whom Eventsfairy disclose my personal information?
We don’t reveal contact data about you to any third party, except if:
- It is approved or legally necessary (or when we accept that exposure is important to secure our privileges or potentially to consent to a legal proceedings, court request, or legitimate notice served on us corresponding to the website);
- Pursuant to any agreement we have entered with you.
When necessary to provide a service to you, we will likewise reveal your data (on confidential basis) to our specialist organizations and others that we use in the customary activity of our business, client experience examination and overviews, site facilitating and backing and support. We will just reveal your data to the degree needed for the restricted reason offering types of assistance to you or as contracted to us.
On the off chance that Eventsfairy is engaged with a consolidation, procurement, or offer of all or a segment of its resources, your Personal Information or other data might be a part of transfer.
We may likewise share information in a manner that doesn’t distinguish you exclusively to our consultants for the purposes of conducting market and user experience analysis.
While we store most of the individual data that we gather from you in our servers, we may occasionally store a portion of the data on servers situated outside of Philippines. We take reasonable measure to secure your data from the third parties.
The testimonials about our services are published on our website, and social media handles from time to time, these testimonials may reveal your identity, if you want us not to share the testimonial anywhere you may contact us at our email.
2.5 Manner of collection
3. INFORMATION COLLECTED BY OUR WEBSITE
3.1 Tracking of user experience
As is true of most websites, we and, in some instances, gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, data. We use this information, which does not identify individual users, to analyse trends, to administer the website, to track users’ movements around the website and to gather demographic information about our user base as a whole.
Technologies such as cookies, beacons, tags and scripts are used by Eventsfairy and our partners (marketing and development partners), affiliates, or analytics or service providers, online customer support provider, email marketing system. These technologies are used in analysing trends, administering the website, tracking users’ movements around the website and to gather demographic information about our user base.
We may collect information from you through automatic tracking systems such as information about your browsing preferences) as well as through information that you volunteer to us (such as information that you provide during a registration process or at other times while using the website services, as described above.
A cookie consists of a reduced set of data transferred to your browser from a web server and it can only be read by the server that made the transfer. This is not executable code and does not transmit viruses.
3.3 Technical cookies
Technical cookies, which can also sometimes be called HTML cookies, are used to facilitate your access to and use of the site. They are necessary for the transmission of communications on the network or to supply services requested by you. The use of technical cookies allows the safe and efficient use of the website.
You can manage or request the general deactivation or cancelation of cookies through your browser. If you do this though, please be advised this action might slow down or prevent access to some parts of the website.
Cookies may also be retransmitted by an analytics or statistics provider to collect aggregated information on the number of users and how they visit the website. These are also considered technical cookies when they operate as described.
Temporary session cookies are deleted automatically at the end of the browsing session – these are mostly used to identify you and ensure that you don’t have to log in each time – whereas permanent cookies remain active longer than just one particular session
3.5 Social Media Features
4. MARKETING MATERIAL
From time to time we use your information to connect with you, providing communications and promotions about the services provided on the website, your information are shared with any third party without your consent. If you don’t want to connect or receive communications you may unsubscribe from the option provided at the bottom of the mails sent to you.
5. PROTECTING AND MAINTAINING PERSONAL INFORMATION
All the possible reasonable actions are taken by us to protect any and all of your confidential information, however we may not guarantee that your data will always be protected from breach of third parties.
Your billing and payment details are transmitted on our website in encrypted form using secure technologies, we do not assure you the security of your privacy as no method of electronic transmission or storage on the internet is fully secured. Your transmission of data is completely at your own risk, we destroy your data when it is no longer of use for us.
6. ACCESSING PERSONAL INFORMATION
It is your responsibility to advise us of any changes to your personal details to ensure we can keep our records accurate and up to date. If you wish to access the information we hold about you, please submit a request to our email or by logging into your account and making the appropriate changes. If you believe that the personal information we hold about you is incorrect, you are entitled to request amendment of such information.
If there are any changes to your personal information it will be your obligation to make us aware of the changes so that we may keep your data updated. If you require accessing your information or if you want to update any of your personal information you may contact us on our email.
If you have any queries or concerns you may contact at our email provided in the contact us section of the website.
Effective Date: 23rd day of September 2021