TERMS OF USE

skilledport.com

Last updated: 4 August 2026, Version: 1.0

These Terms of Use (the “Terms”) govern the contractual relationship between Mountroster s.r.o., a company incorporated and registered under the laws of the Czech Republic, having its registered office at Rybná 716/24, Staré Město, Praha, Czech Republic, and registered under company identification number (IČO) 29784395 (“we”, “us”, “our” or the “Company”), and any person who accesses or uses the Company’s services, whether acting as a “User” or as a “Freelancer” (collectively “you” or “your”).

By accessing the website located at https://skilledport.com/ (the “Website”) and/or by registering an Account, you agree to be bound by these Terms, together with all additional terms, conditions, schedules and policies referenced herein or made available by hyperlink, each of which forms an integral part of these Terms. These Terms apply to all visitors, browsers, Users, Freelancers, vendors and contributors of content.

Please read these Terms carefully before accessing or using the Platform or obtaining any materials, information or Services from us. By accepting these Terms you enter into a legally enforceable agreement with the Company. If you do not accept all of the provisions set out below, you must not access or use the Website or any of the Services.

TABLE OF CONTENTS

1.  Definitions and Interpretation

2.  Information About Us and Legal Notice

3.  Application and Acceptance of the Terms

4.  Description of the Platform and Services

5.  Regulatory Status of the Company — No Financial Licence

6.  Eligibility and Restricted Territories

7.  Account Registration, Security and KYC/AML Compliance

8.  Direct Contracting Between Users and Freelancers

9.  Incoming Payments (Deposits) and Account Balance

10.  Escrow and Safeguarding of Project Funds by the Acquirer

11.  Platform Commission and the Freelancer Level Programme

12.  Outgoing Payments (Payouts) to Freelancers

13.  Netting and Settlement

14.  Taxes and Invoicing

15.  Project Delivery, Acceptance and Dispute Process

16.  Refunds, Chargebacks and Payment Security

17.  Acceptable Use Policy and Prohibited Conduct

18.  Intellectual Property Rights

19.  Data Protection and Privacy

20.  Non-Circumvention

21.  Suspension, Freezing and Termination

22.  Disclaimers and Warranties

23.  Limitation of Liability

24.  Indemnification

25.  Consumer Rights

26.  Dispute Resolution, Governing Law and Jurisdiction

27.  General Provisions

DEFINITIONS AND INTERPRETATION

• 1. Definitions. For the purposes of these Terms, the following capitalised terms shall bear the following meanings:

“Account” means the personalised digital profile created and maintained by a User or a Freelancer on the Platform, serving as the interface through which such person accesses, uses and interacts with the Platform’s features, tools and Services.

“Account Balance” means the aggregate monetary value recorded in the Company’s internal ledger as attributable to your Account, representing (a) in the case of a User, prepaid Deposits available for the commissioning of Freelancer Services, and (b) in the case of a Freelancer, Released Amounts available for Payout. The Account Balance is a book-entry record of an amount held by the Acquirer and is not a bank deposit, electronic money or a claim against the Company for the safekeeping of funds.

“Acquirer” means the licensed payment service provider, acquiring bank, payment institution or electronic money institution engaged by the Company from time to time to receive, safeguard, hold, process, net and disburse funds in connection with Transactions on the Platform, including the operation of the Escrow Arrangement.

“Business Day” means any day other than a Saturday, Sunday or public holiday in the Czech Republic on which banks are generally open for business in Prague.

“Chargeback” means any reversal, recall, cancellation or repudiation of a payment initiated by a User with its card issuer, bank or other payment provider, howsoever described.

“Commission” means the variable percentage fee charged by the Company on each completed Transaction, determined by reference to the Freelancer’s Level in accordance with Section 11 and the Fee Schedule.

“Confidential Information” means all confidential information (however recorded, preserved or disclosed) disclosed by one party to another, including business plans, technical data, pricing, know-how, intellectual property and Project details.

“Deposit” (or “IN Transaction”) means an inbound payment made by a User to the Acquirer for the credit of that User’s Account Balance, by card, bank transfer or any other Authorised Payment Method supported on the Platform.

“Dispute” means any disagreement, complaint or claim arising out of or in connection with a Service Contract, the Platform, a Transaction or these Terms.

“Escrow Arrangement” means the contractual and operational arrangement described in Section 10, under which Project Funds are held by the Acquirer, and not by the Company, pending Acceptance, Deemed Acceptance or the resolution of a Dispute.

“Fee Schedule” means the schedule of Commission rates, Level thresholds, Payout charges, currency conversion margins and administrative fees published on the Platform and updated from time to time, which is incorporated into these Terms by reference.

“Freelancer” means any natural person, self-employed trader (OSVČ) or legal entity authorised by the Company to use the Platform in order to advertise, offer, perform and receive payment for Freelancer Services supplied to Users.

“Freelancer Services” means all services, tasks, professional duties, work product and deliverables performed, created or delivered by a Freelancer to a User through the Platform.

“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how and trade secrets) and all other intellectual property rights, whether registered or unregistered, anywhere in the world.

“Level” means the status tier assigned to a Freelancer under the Level Programme described in Section 11, which determines the applicable Commission rate.

“Netting” means the settlement methodology described in Section 13, whereby amounts owed between the Company, Users and Freelancers in respect of a settlement period are set off against one another so that only the resulting net balance is transferred.

“Payout” (or “OUT Transaction”) means an outbound disbursement of a Released Amount, less the applicable Commission and any other deductions permitted under these Terms, from the Acquirer to the Freelancer’s nominated Payout Method.

“Payout Method” means the bank account, card, electronic wallet or other disbursement instrument nominated by a Freelancer and verified by the Company or the Acquirer for the receipt of Payouts.

“Platform” means the Website, any mobile applications and all related Services made available by the Company.

“Platform Fees” means the Commission together with any service, administrative, verification, currency conversion, Payout or processing fees charged by the Company under the Fee Schedule.

“Privacy Policy” means the Company’s privacy notice and cookie policy published on the Platform.

“Project” means a specific, discrete assignment, task or engagement posted by a User, or agreed between a User and a Freelancer, to be performed using the Platform’s infrastructure.

“Project Funds” means the amount debited from a User’s Account Balance and allocated to a Project, held under the Escrow Arrangement pending release.

“Released Amount” means Project Funds that have become payable to a Freelancer following Acceptance, Deemed Acceptance or a Dispute determination.

“Service Contract” means the direct, legally binding agreement formed between a User and a Freelancer governing the scope, performance and specific terms of the Freelancer Services for a Project.

“Services” means the hosting, maintenance and facilitation of the online marketplace provided by the Company on the Platform, together with the ancillary technical, matching, communication, moderation and dispute facilitation functions described in these Terms.

“Transaction” means any Deposit, allocation of Project Funds, release, Payout, refund, reversal or Netting entry recorded on the Platform.

“User” (or “Client”) means any natural person or legal entity using the Platform to seek, purchase, commission and manage Freelancer Services.

• 2. Interpretation. In these Terms: (a) words in the singular include the plural and vice versa; (b) a reference to a statute or statutory provision is a reference to it as amended, extended, consolidated or re-enacted from time to time, and includes all subordinate legislation made under it; (c) words following “including”, “include”, “in particular”, “for example” or any similar expression are illustrative and do not limit the sense of the preceding words; (d) a reference to “writing” includes email and messages transmitted through the Platform; (e) headings are for convenience only and do not affect interpretation; and (f) a reference to a Section is to a section of these Terms.
  3. Order of Precedence. In the event of conflict, the following order of precedence applies: (a) these Terms; (b) the Fee Schedule; (c) the Privacy Policy and other Platform policies; and (d) any Service Contract. No Service Contract may derogate from these Terms.

INFORMATION ABOUT US AND LEGAL NOTICE

• 1. Company Details. The Platform is owned, administered, moderated and operated by Mountroster s.r.o., a company registered under the laws of the Czech Republic.

Company Identification Number (IČO): 29784395

Registered Office: Rybná 716/24, Staré Město, Praha, Czech Republic

Support Email: support@skilledport.com

• 2. Communications. All official correspondence, notices, complaints and legal requests must be directed to the support email address or the registered office set out above. We will communicate with you electronically, using the email address associated with your Account or by notifications delivered within the Platform. You agree that electronic communications satisfy any legal requirement that a communication be in writing.
  3. Language. These Terms are concluded in the English language. Any translation is provided for convenience only, and in the event of any discrepancy the English text prevails, save where mandatory Czech consumer protection law requires otherwise.

APPLICATION AND ACCEPTANCE OF THE TERMS

• 1. Binding Agreement. The contract between you and the Company is formed upon your successful registration of an Account. By accessing the Platform you unconditionally agree to be bound by these Terms, the Fee Schedule, the Privacy Policy and any other policies published on the Platform.
  2. Right to Reject. The Company retains the right to refuse or cancel any registration on objective, commercial, risk-based or regulatory grounds, including breach of these Terms, fraud prevention, failure to complete identity verification, suspected abuse or spam, age restrictions, adverse sanctions screening results, or attempted registration from a Restricted Territory.
  3. Single Account Policy. Unless expressly authorised by the Company in writing, you may create and maintain only one (1) active Account. If you wish to register a new Account, any existing Account must first be permanently closed. Persons whose Accounts have been suspended or terminated are prohibited from creating new or alternative Accounts, whether directly or through a related person.
  4. Capacity. If you accept these Terms on behalf of a legal entity, you represent and warrant that you have full authority to bind that entity, and references to “you” shall be construed accordingly.

DESCRIPTION OF THE PLATFORM AND SERVICES

• 1. Online Marketplace. The Company operates exclusively as a digital online marketplace connecting Users with Freelancers. We provide technological infrastructure that facilitates the discovery of talent, the formation of Service Contracts, structured communication, the recording of deliverables and the technical initiation of payment instructions to the Acquirer.
  2. No Employment Relationship. The Company does not perform, employ, engage or direct any person to perform Freelancer Services. You acknowledge and agree that: (a) the Company does not supervise, direct, control or monitor Freelancers in the performance of their obligations; (b) the Company is not responsible for the accuracy, legality, quality or timeliness of any content, portfolio, profile, offer or deliverable posted or supplied by a User or Freelancer; (c) the Company makes no representation or warranty as to the skill, safety, reliability, solvency or capability of any Freelancer, nor as to the financial standing or good faith of any User; and (d) nothing in these Terms creates an employment, agency, partnership, joint venture, franchise or fiduciary relationship between the Company and any user of the Platform.
  3. User Responsibility. Users are solely responsible for evaluating the suitability of Freelancers, assessing qualifications, negotiating the terms of a Service Contract, defining acceptance criteria and verifying deliverables. Freelancers are solely responsible for the lawfulness, quality and originality of the Freelancer Services they supply.
  4. Availability. The Company may modify, suspend, restrict or discontinue any part of the Platform, including individual features, at any time, for maintenance, security, regulatory or commercial reasons. Where reasonably practicable, we will give advance notice of any material discontinuation.

REGULATORY STATUS OF THE COMPANY — NO FINANCIAL LICENCE

• 1. No Regulated Activity. The Company is a technology and marketplace operator. The Company is not authorised or licensed as a bank, payment institution, small-scale payment service provider, electronic money institution, investment firm or trustee, and it does not hold any authorisation from the Czech National Bank (Česká národní banka) or any other competent authority.
  2. No Holding of Client Funds. The Company does not receive, hold, safeguard, pool, invest or control funds belonging to Users or Freelancers. All funds relating to Transactions are received directly by, and remain at all times with, the Acquirer or another licensed payment service provider, in accounts operated by and in the name of that provider.
  3. Nature of the Account Balance. Your Account Balance is a book-entry record maintained by the Company for administrative and reconciliation purposes only. It (a) does not constitute a deposit; (b) does not constitute electronic money; (c) does not accrue interest; (d) is not a claim against the Company for the return of money held by the Company; and (e) is not covered by any deposit guarantee scheme, including the Czech Deposit Insurance Fund (Garanční systém finančního trhu) or any equivalent scheme in any other jurisdiction.
  4. No Financial Advice. Nothing on the Platform constitutes financial, investment, tax, accounting or legal advice. You are solely responsible for obtaining independent professional advice in relation to your use of the Platform.
  5. Acquirer Terms. Your use of payment functionality is additionally subject to the terms and conditions of the Acquirer and any other payment service provider involved in a Transaction. By initiating a Deposit or requesting a Payout, you authorise the Company to transmit the relevant instruction and the personal data reasonably required to the Acquirer, and you agree to be bound by the Acquirer’s terms. Where the Acquirer’s terms conflict with these Terms in respect of the handling of funds, the Acquirer’s terms prevail as between you and the Acquirer.
  6. Acquirer Risk. The Company is not liable for any act, omission, insolvency, delay, freeze, decline, compliance hold or system failure of the Acquirer or of any other payment service provider, bank, card scheme or correspondent institution, save to the extent such liability cannot be excluded by mandatory law.

ELIGIBILITY AND RESTRICTED TERRITORIES

• 1. Age and Capacity. To register an Account and use the Platform you must be at least eighteen (18) years of age and possess full legal capacity to enter into binding contracts under the law applicable to you.
  2. Jurisdictional Restrictions. Access to the Platform is prohibited from jurisdictions subject to international sanctions or embargoes, or where the provision of the Services would contravene applicable local, European Union or international law. The following territories are restricted (the “Restricted Territories”): Afghanistan, Albania, Algeria, Angola, Belarus, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, China, Croatia, Cuba, Democratic Republic of the Congo, Democratic People’s Republic of Korea (North Korea), Ethiopia, Gabon, Guatemala, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Kenya, Kosovo, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Moldova, Monaco, Montenegro, Mozambique, Myanmar (Burma), Namibia, Nicaragua, Niger, Nigeria, Northern Cyprus, North Macedonia, Philippines, Republic of the Congo, Russia, Senegal, Serbia, Sierra Leone, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Syria, Tanzania, Tunisia, Venezuela, Vietnam, Yemen and Zimbabwe, together with all disputed or occupied territories (including Crimea and the Donetsk, Kherson, Luhansk and Zaporizhzhia regions).
  3. Warranty of Eligibility. By accessing the Platform you represent and warrant that you are not located in, ordinarily resident in, a national of, or controlled by any person in a Restricted Territory, and that you are not designated on any sanctions list maintained by the European Union, the United Nations, the United Kingdom or the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury, including the Specially Designated Nationals and Blocked Persons List.
  4. Continuing Obligation. You must notify the Company immediately if, at any time after registration, any of the representations in this Section 6 ceases to be true. The Company may block, suspend or terminate any Account and reject any Transaction where sanctions screening produces a positive or inconclusive result, and may be prohibited by law from disclosing the reason for such action.

ACCOUNT REGISTRATION, SECURITY AND KYC/AML COMPLIANCE

• 1. Registration Data. You agree to provide accurate, current and complete information during registration and to keep that information up to date at all times. Submission of false, incomplete or misleading information constitutes a material breach of these Terms.
  2. Account Security. You are responsible for maintaining the confidentiality of your Account credentials and for all activity conducted through your Account. You must enable any multi-factor authentication offered by the Platform and notify the Company immediately of any suspected unauthorised access. The Company is not liable for loss or damage arising from your failure to safeguard your credentials.
  3. Identity Verification (KYC/AML). To maintain the integrity of the Platform, prevent fraud and support compliance with Act No. 253/2008 Coll., on Selected Measures against the Legitimisation of Proceeds of Crime and Financing of Terrorism, and with Directive (EU) 2015/849 as amended, the Company and the Acquirer may require Know-Your-Customer documentation at any time, including: (a) full legal name, date of birth, nationality and residential address; (b) a high-resolution copy of a valid government-issued photographic identity document; (c) proof of address dated within the preceding three (3) months; (d) for legal entities, an extract from the commercial register, articles of association, registers of directors and shareholders, and evidence of ultimate beneficial ownership; and (e) evidence of source of funds or source of wealth where the value or pattern of Transactions warrants it.
  4. Verification Checks. You authorise the Company and its authorised third-party verification providers to conduct identity, credit, sanctions, politically exposed person and adverse media screening against public and commercial databases. Failure to complete verification, or the provision of forged or altered documents, will result in immediate suspension or termination of the Account, freezing of the Account Balance and, where required by law, reporting to the Financial Analytical Office (Finanční analytický úřad, FAÚ) or other competent authority.
  5. Transaction Limits. The Company and the Acquirer may impose and vary limits on the value, frequency and currency of Deposits and Payouts, whether generally or in respect of an individual Account, on risk, fraud-prevention or regulatory grounds.

DIRECT CONTRACTING BETWEEN USERS AND FREELANCERS

• 1. Service Contracts. When a User engages a Freelancer, a direct and legally binding Service Contract is formed between them. The Company is not a party to any Service Contract and assumes no obligation, warranty or liability under it.
  2. Custom Terms. Users and Freelancers may agree bespoke terms within a Service Contract, including milestones, acceptance criteria, assignments of Intellectual Property Rights and confidentiality obligations, provided that such terms do not conflict with these Terms. In the event of conflict, these Terms prevail.
  3. Exclusivity of Platform Mechanics. No Service Contract may circumvent, disapply or vary the Company’s payment routing, Commission, Netting or dispute facilitation mechanisms. Any provision purporting to do so is void and of no effect.
  4. Compliance by the Parties. Each User and Freelancer is responsible for ensuring that the Service Contract and its performance comply with all applicable laws, including employment, immigration, export control, professional licensing, consumer protection and data protection law.

INCOMING PAYMENTS (DEPOSITS) AND ACCOUNT BALANCE

• 1. Prepayment Model. All Transactions on the Platform are funded in advance. Before commissioning a Project, a User must make a Deposit sufficient to cover the total agreed price of the Freelancer Services together with any applicable Platform Fees and taxes.
  2. Deposits. A Deposit is made by the User to the Acquirer through an Authorised Payment Method. Upon confirmation of receipt by the Acquirer, the Company credits the corresponding amount to the User’s Account Balance in the Company’s internal ledger. The Company may delay crediting pending anti-fraud, sanctions or authorisation checks.
  3. Authorised Payment Methods. You may only use payment instruments of which you are the named and legally authorised holder. Use of a third party’s payment instrument, or of an instrument obtained unlawfully, constitutes a material breach of these Terms and may be reported to law enforcement.
  4. Currency. The base currency of the Platform is the euro (EUR). Where a Deposit or Payout is made in another currency, conversion is performed by the Acquirer at the rate applied by it at the relevant time, plus any conversion margin disclosed in the Fee Schedule. The Company is not responsible for exchange rate fluctuations.
  5. Allocation to a Project. Upon commissioning a Project, the agreed amount is debited from the User’s Account Balance and allocated as Project Funds under the Escrow Arrangement described in Section 10. Allocated Project Funds cease to be available to the User for other purposes until released, refunded or otherwise determined in accordance with these Terms.
  6. Unallocated Balances. Unallocated Account Balance may be applied to further Projects. Withdrawal of an unallocated User Account Balance may be permitted at the Company’s discretion, subject to successful verification, deduction of any fees disclosed in the Fee Schedule and any restrictions imposed by the Acquirer or by applicable law.
  7. Dormant Accounts. Where an Account has been inactive for a continuous period of twenty-four (24) months and holds an unallocated balance, the Company may notify you at your registered email address and, following a further sixty (60) day period, apply a dormancy administration fee as set out in the Fee Schedule, to the extent permitted by mandatory law.

ESCROW AND SAFEGUARDING OF PROJECT FUNDS BY THE ACQUIRER

• 1. Escrow Performed by the Acquirer. Because the Company does not hold a financial services licence, the escrow function on the Platform is performed exclusively by the Acquirer. Project Funds are held in accounts operated and controlled by the Acquirer, segregated in accordance with the Acquirer’s regulatory obligations, and are never received into, held in or commingled with the Company’s own accounts.
  2. Role of the Company. The Company acts solely as a technical instructing party and record-keeper. Its functions are limited to (a) transmitting release, refund and Payout instructions to the Acquirer in accordance with these Terms; (b) maintaining the internal ledger reflecting Account Balances, Project Funds and Released Amounts; and (c) facilitating the Dispute process under Section 15. The Company does not act as escrow agent, trustee, stakeholder, custodian or fiduciary in respect of any funds.
  3. Release Conditions. The Acquirer will release Project Funds upon receipt of an instruction from the Company generated by one of the following events: (a) Acceptance of the deliverables by the User; (b) Deemed Acceptance under Section 15.3; (c) a determination made under the Dispute process; (d) a binding order of a competent court or authority; or (e) cancellation of the Project by mutual agreement of the User and the Freelancer recorded on the Platform.
  4. No Interest. Project Funds do not accrue interest for the benefit of the User or the Freelancer. Any interest, rebate or income arising on funds held by the Acquirer accrues to the Acquirer or the Company as agreed between them.
  5. Holds and Compliance Freezes. The Acquirer may place a hold on Project Funds or on any Payout where required by anti-money-laundering, sanctions, fraud-prevention or card scheme rules, or where a Chargeback, investigation or legal process is pending. The Company will notify you of any such hold to the extent it is lawfully permitted to do so.
  6. Insolvency. In the event of the Company’s insolvency, Project Funds held by the Acquirer do not form part of the Company’s insolvency estate, save in respect of Platform Fees already earned and due to the Company. Your rights in respect of such funds are governed by the Acquirer’s terms and by the regulatory safeguarding regime applicable to the Acquirer.
  7. Change of Acquirer. The Company may appoint, replace or add payment service providers at any time. Where funds are migrated between providers, the Company will use reasonable endeavours to ensure continuity of the Escrow Arrangement and will notify affected users of any material change.

PLATFORM COMMISSION AND THE FREELANCER LEVEL PROGRAMME

• 1. Commercial Model. The Company generates its revenue from Commission charged on each completed Transaction. Commission is calculated as a percentage of the value of the Freelancer Services and is deducted from the Released Amount before Payout, unless the Fee Schedule provides otherwise in respect of a particular fee type.
  2. Level-Based Commission. The Commission rate applicable to a Freelancer is not fixed. The Platform operates a tiered Level Programme under which the Commission rate decreases as the Freelancer’s standing on the Platform increases. In broad terms, the longer a Freelancer has been active on the Platform and the greater the volume and value of Projects that Freelancer has successfully completed, the lower the Commission rate that will apply to that Freelancer’s subsequent Transactions.
  3. Assessment Criteria. Levels are assessed by the Company by reference to objective criteria which may include the cumulative number of completed Projects, the aggregate value of Released Amounts, the duration of continuous Account activity, the on-time delivery rate, the Dispute and cancellation rate, the average client rating and compliance history. The Company may add, remove or reweight criteria and will publish the criteria then in force on the Platform.
  4. Applicable Rates. The Commission rates corresponding to each Level, the qualifying thresholds and the assessment period are set out exclusively in the Fee Schedule published on the Platform. The Fee Schedule forms part of these Terms. No representation as to any particular rate is made in this document, and the rates in force at the time a Project is commissioned are those that apply to that Project.
  5. Level Changes. Levels are reviewed periodically and may be increased or decreased. A Level may be reduced or withdrawn where a Freelancer’s performance metrics fall below the applicable thresholds, where the Freelancer breaches these Terms, or where the Company reasonably suspects manipulation of the Level Programme, including through fake Projects, circular transactions, coordinated ratings or the use of multiple Accounts. A Level confers no vested right and is not transferable.
  6. Transparency and Changes to Fees. Applicable Platform Fees are displayed before a Project is commissioned and before a Payout is confirmed. The Company may amend the Fee Schedule. Amendments that increase fees payable by you take effect no earlier than thirty (30) days after notice is given, and do not apply to Projects already commissioned before the effective date.
  7. Deduction Authority. You irrevocably authorise the Company to instruct the Acquirer to deduct all Platform Fees, applicable taxes, Chargeback-related amounts and any sums otherwise due to the Company from your Account Balance, from Project Funds or from any Released Amount, whether before, at or after the time of Payout.

OUTGOING PAYMENTS (PAYOUTS) TO FREELANCERS

• 1. Entitlement. A Freelancer becomes entitled to a Released Amount only upon the occurrence of a release event under Section 10.3. Until that time, the Freelancer has no claim to the Project Funds.
  2. Payout Requests. Payouts are made to the Freelancer’s verified Payout Method upon request through the Platform, or automatically where the Freelancer has enabled scheduled Payouts. The Company will transmit the corresponding instruction to the Acquirer, ordinarily within two (2) Business Days of a valid request.
  3. Verification of Payout Method. A Payout Method must be held in the Freelancer’s own name. Payouts to third-party accounts are prohibited. The Company and the Acquirer may require documentary evidence of ownership of the Payout Method before executing any Payout.
  4. Timing. Settlement times depend on the Acquirer, the receiving institution, the currency and the payment rail selected, and are outside the Company’s control. Indicative timeframes published on the Platform are estimates only and do not constitute a contractual commitment.
  5. Minimum Amounts and Charges. Minimum Payout thresholds, per-transaction Payout charges and currency conversion margins are set out in the Fee Schedule and are deducted from the amount disbursed.
  6. Failed or Returned Payouts. Where a Payout fails or is returned because of incorrect, incomplete or closed Payout Method details supplied by the Freelancer, the returned amount will be re-credited to the Freelancer’s Account Balance net of any charges incurred, and the Freelancer must correct the details before requesting a further Payout.
  7. Withholding. The Company may instruct the Acquirer to withhold or delay a Payout, in whole or in part, where (a) verification under Section 7 is outstanding or has failed; (b) a Dispute, Chargeback or fraud investigation is pending; (c) the Company reasonably suspects a breach of these Terms; (d) withholding is required by law, court order or the rules of a card scheme; or (e) the Freelancer owes amounts to the Company. Any withholding will be limited to the amount reasonably necessary and will last no longer than reasonably required.

NETTING AND SETTLEMENT

• 1. Netting Model. The Company operates on a netting basis. Amounts receivable and payable between the Company, Users and Freelancers in respect of a given settlement period are aggregated and set off against one another, so that only the resulting net balance is actually transferred through the Acquirer.
  2. Effect of Netting. You acknowledge and agree that (a) individual Transactions displayed on the Platform reflect ledger entries rather than discrete movements of money; (b) the Company may combine Commission, Payout charges, refunds, reversals, Chargeback amounts, adjustments and taxes into a single net settlement entry; and (c) settlement statements made available on the Platform constitute the agreed record of the Netting calculation in the absence of manifest error.
  3. Set-Off. The Company may set off any amount owed by you to the Company, whether present, future, actual or contingent, against any amount owed by the Company to you, including any Account Balance or Released Amount. You may not exercise any right of set-off against the Company without our prior written consent.
  4. Statements and Objections. Settlement statements are made available in your Account. You must review each statement and notify the Company of any objection within thirty (30) days of the statement being made available. In the absence of a timely objection, the statement is deemed accepted, save in the case of manifest error, fraud, or where mandatory law provides otherwise.
  5. Negative Balances. If your Account Balance becomes negative as a result of a refund, Chargeback, reversal, correction or fee adjustment, you must restore it to zero on demand. The Company may recover the shortfall by set-off against future Transactions, by charging your registered payment instrument, or by instructing a debt collection agency.

TAXES AND INVOICING

• 1. Taxes on Platform Fees. Platform Fees are stated exclusive of value added tax (DPH) and any other applicable indirect taxes, which will be added at the rate in force where legally required. Where the reverse charge mechanism or the One Stop Shop regime applies, the Company will invoice accordingly and you must supply a valid VAT identification number where you have one.
  2. Independent Contractor Status. Freelancers act as independent contractors and are solely responsible for (a) determining their own tax status and liabilities in their jurisdiction of residence and establishment; (b) registering with, reporting to and remitting to the competent authorities all income tax, social security and health insurance contributions, value added tax and any local equivalents; and (c) maintaining any licences or permits required for their activity.
  3. Reporting Obligations. You acknowledge that the Company may be required to collect information about, and report, the identity and income of Freelancers to the Czech tax authorities and, through the automatic exchange of information, to the tax authorities of other jurisdictions (if applicable). You agree to provide all information reasonably required for that purpose.
  4. Withholding. Where the Company is required by law to withhold or deduct any amount from a Payout on account of tax, it will do so and will remit the withheld amount to the relevant authority. The Company will provide reasonable documentation of any such withholding upon request.
  5. Indemnity. You indemnify the Company against any claim, assessment, penalty or interest levied by any tax authority arising from your failure to comply with your own tax obligations or from the misclassification of your relationship with a User or Freelancer.

PROJECT DELIVERY, ACCEPTANCE AND DISPUTE PROCESS

• 1. Submission of Deliverables. Upon completion of a Project or of an agreed milestone, the Freelancer must submit the deliverables through the Platform. Delivery outside the Platform does not trigger the release of Project Funds.
  2. Review Period. The User has three (3) Business Days from submission (the “Review Period”) to inspect the deliverables. If the deliverables conform to the agreed specification, the User must accept them, which triggers an instruction to the Acquirer to release the Released Amount.
  3. Deemed Acceptance. If the User fails to accept, reject or raise a Dispute within the Review Period, the deliverables are deemed accepted and the Project Funds will be released to the Freelancer. Deemed Acceptance does not affect any right the User may have against the Freelancer under the Service Contract or under mandatory consumer law.
  4. Rejection and Amicable Resolution. If the User rejects the deliverables, the User must state the reasons by reference to the agreed specification. The parties must then attempt in good faith to resolve the matter directly within forty-eight (48) hours, including by agreeing a revision.
  5. Escalation. If the matter remains unresolved, either party may escalate it to the Company’s dispute facilitation team within seven (7) calendar days of the rejection. Both parties must submit all relevant evidence, including the brief, the specification, communications and files.
  6. Determination. The Company acts as a neutral facilitator and, based on the evidence submitted, determines how the Project Funds held under the Escrow Arrangement are to be allocated. That determination is final and binding as to the allocation of the Project Funds only, and is implemented by an instruction to the Acquirer. It does not constitute arbitration, does not determine the substantive rights of the parties under the Service Contract, and does not prevent either party from pursuing the other before a competent court or alternative dispute resolution body.
  7. Cooperation. Failure by a party to submit evidence within the period notified by the Company entitles the Company to determine the allocation on the basis of the material available.

REFUNDS, CHARGEBACKS AND PAYMENT SECURITY

• 1. Refunds. Except where mandatory consumer protection law requires otherwise, Deposits and completed purchases of Freelancer Services are final and non-refundable. Where a refund is due, it will be made by the Acquirer to the original payment instrument used for the Deposit, and the Company may deduct Platform Fees already earned and any irrecoverable processing costs.
  2. Prohibition on Chargebacks. You agree not to initiate a Chargeback or payment dispute with your bank or card issuer in respect of a Transaction processed on the Platform without first exhausting the processes set out in Sections 15 and 26.1. Initiating a Chargeback in bad faith, or in respect of Freelancer Services that were in fact delivered and accepted, constitutes a material breach of these Terms.
  3. Consequences of a Chargeback. Where a Chargeback is initiated in breach of Section 16.2: (a) the Account may be suspended or terminated immediately; (b) the Company and the Acquirer may defend the Chargeback using all available evidence, including Platform communications, delivery records and access logs; (c) you are liable for the original Transaction amount together with an administrative fee of EUR 60 (or the equivalent in the relevant currency) per incident, plus any scheme fees, legal costs and collection costs reasonably incurred; and (d) the Company may instruct a third-party debt collection agency and may report the outstanding debt to credit reference agencies where lawful.
  4. Fraud Prevention. The Company and the Acquirer operate automated and manual fraud detection systems. Transactions identified as high risk may be declined, delayed or subjected to additional verification. The Company is not liable for any loss arising from the operation of these controls in good faith.

ACCEPTABLE USE POLICY AND PROHIBITED CONDUCT

• 1. Respectful Environment. The Platform must be used lawfully, ethically and respectfully at all times.
  2. Prohibited Content and Actions. You agree not to use the Platform to: (a) offer, promote or facilitate illegal goods or services, weapons, controlled substances, escort or sexual services, gambling, or non-consensual or exploitative material; (b) harass, defame, threaten, intimidate, abuse or discriminate against any person on the basis of race, ethnicity, religion, gender, sexual orientation, disability, age or any other protected characteristic; (c) disclose the personal data or Confidential Information of others without a lawful basis or consent; (d) publish hate speech, incite violence, or support terrorist or extremist organisations; (e) transmit malware, viruses or trojans, conduct scraping or data mining, or bypass technical or security controls; (f) submit false, misleading or deceptive information, create fictitious Projects, or manipulate the Platform’s review, rating, ranking or Level systems; (g) launder money, finance terrorism, evade sanctions or conduct transactions with no genuine underlying service; or (h) infringe the Intellectual Property Rights of the Company, other users or third parties.
  3. Moderation and Enforcement. The Company uses automated tools and human review to monitor compliance. We may remove content, restrict features, suspend or terminate Accounts, withhold Payouts and report unlawful activity to law enforcement or regulatory authorities, in appropriate cases without prior notice. Where notice is not given in advance, we will inform you as soon as reasonably practicable unless prohibited from doing so.
  4. Reporting. Any user may report suspected breaches of this Section to support@skilledport.com. Reports are reviewed on a risk-prioritised basis and we will inform the reporting party of the outcome where appropriate.

INTELLECTUAL PROPERTY RIGHTS

• 1. Platform IP. The Website, its underlying software, source code, algorithms, user interface, databases, logos, branding, text and graphics are the exclusive property of the Company or its licensors and are protected by Czech, European Union and international copyright, trade mark and database right laws. You are granted a limited, revocable, non-exclusive, non-transferable licence to access the Platform solely for its intended purpose.
  2. Deliverables. Ownership of Intellectual Property Rights in the deliverables produced under a Service Contract is determined by that Service Contract. In the absence of an express written agreement to the contrary, and subject to mandatory provisions of copyright law, the Freelancer grants the User a licence to use the deliverables for the purpose for which they were commissioned, effective upon release of the Released Amount.
  3. User Content. By submitting content to the Platform, including portfolios, profile images, samples and Project descriptions, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable licence to host, use, reproduce, adapt, display and distribute that content for the purposes of operating, promoting and improving the Platform. You warrant that you hold all rights necessary to grant this licence.
  4. Infringement Notices. If you believe your Intellectual Property Rights are being infringed on the Platform, submit a notice to support@skilledport.com containing: (a) a description of the protected work; (b) the exact URL at which the infringing material appears; (c) your contact details; and (d) a statement that you are the rights holder or an authorised representative and that the information provided is accurate. We operate a repeat infringer policy and will terminate the Accounts of persistent infringers.

DATA PROTECTION AND PRIVACY

• 1. Compliance. The Company processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll., on the Processing of Personal Data.
  2. Roles. The Company acts as controller in respect of Account, registration, verification, transaction and moderation data. Users and Freelancers act as independent controllers in respect of personal data they exchange directly in the course of a Project, and each is responsible for its own compliance.
  3. Privacy Policy. The collection, use, retention, disclosure and international transfer of personal data are described in the Privacy Policy, which is incorporated into these Terms by reference. By using the Services you confirm that the data you provide is accurate and that you have a lawful basis for any personal data you supply about third parties.
  4. Sharing with the Acquirer. You acknowledge that the Company will share identification, verification and transaction data with the Acquirer and other payment service providers as necessary for the performance of the contract and for compliance with their legal obligations.

NON-CIRCUMVENTION

• 1. Exclusivity Period. For a period of six (6) months from the date on which a User and a Freelancer first identify or make contact with each other through the Platform (the “Exclusivity Period”), both parties are prohibited from contracting for, or making or receiving payment for, services of the type offered on the Platform outside the Platform.
  2. Prohibited Actions. During the Exclusivity Period you must not: (a) solicit, offer or accept payment off-Platform; (b) exchange direct contact details, including personal email addresses, telephone numbers or messaging and social media handles, prior to the formation of a Service Contract, with the intention of avoiding Platform Fees; or (c) encourage another user to do either of the foregoing.
  3. Consequences of Breach. Any breach of this Section constitutes a material breach of these Terms. The Company may suspend or terminate the Accounts concerned, withhold Payouts pending investigation, and claim liquidated damages equal to the greater of (i) the Commission that would reasonably have been generated by the circumvented engagement and (ii) EUR 1,000, the parties acknowledging that actual loss is difficult to quantify and that this sum is a genuine pre-estimate of loss.

SUSPENSION, FREEZING AND TERMINATION

• 1. Termination by You. You may close your Account at any time through the Platform, provided that all Projects are concluded, no Dispute is pending and any negative balance has been settled.
  2. Suspension and Termination by the Company. The Company may restrict, suspend or terminate your Account, with immediate effect where the circumstances warrant, if (a) you breach these Terms; (b) verification under Section 7 fails or is not completed; (c) we reasonably suspect fraud, money laundering, sanctions exposure or other unlawful conduct; (d) required by a court, regulator or the Acquirer; or (e) your conduct exposes the Company, the Acquirer or other users to material legal, financial or reputational risk.
  3. Effect of Termination. Termination does not affect accrued rights or liabilities. Project Funds relating to Projects in progress will be dealt with under Sections 10 and 15. Released Amounts will be paid out subject to Section 12.7. Sections concerning fees, taxes, non-circumvention, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law and jurisdiction survive termination.

DISCLAIMERS AND WARRANTIES

• 1. “As Is” Basis. The Platform and all Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by Czech law, the Company disclaims all warranties, express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement and compatibility.
  2. No Guarantee. The Company does not warrant that: (a) the Platform will be secure, uninterrupted, timely or error-free; (b) any Freelancer will complete a Project to a satisfactory standard or at all; (c) any User will make payment in respect of services arranged outside the Platform’s mechanics; (d) the Platform will be free of viruses or malicious code; or (e) any particular volume of work, income or engagement will result from use of the Platform.
  3. Third-Party Services. The Platform may link to or integrate with third-party services. The Company does not control and is not responsible for those services, and your use of them is at your own risk and subject to their own terms.

LIMITATION OF LIABILITY

• 1. Statutory Exceptions. Nothing in these Terms limits or excludes the Company’s liability for (a) damage to natural rights, health or life caused by its negligence; (b) intentional wrongdoing or gross negligence; (c) fraud or fraudulent misrepresentation; or (d) any other liability which cannot lawfully be limited or excluded under Czech law, including mandatory consumer protection provisions.
  2. Exclusion of Indirect Loss. Subject to Section 23.1, the Company shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any (a) loss of profits, sales, business, contracts or revenue; (b) business interruption or loss of anticipated savings; (c) loss or corruption of data; (d) loss of business opportunity, goodwill or reputation; or (e) indirect, consequential, special or punitive loss.
  3. Liability Cap. Subject to Section 23.1, the Company’s total aggregate liability arising under or in connection with these Terms shall not exceed the greater of (i) the total Platform Fees paid by you to the Company in the six (6) months immediately preceding the event giving rise to the claim and (ii) EUR 150.
  4. Allocation of Risk. You acknowledge that the limitations in this Section reflect the fact that the Company acts as an intermediary, receives only the Commission and does not hold funds, and that the allocation of risk in these Terms is reasonable in the circumstances.

INDEMNIFICATION

• 1. You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, agents and affiliates from and against all claims, liabilities, damages, losses, fines, penalties, costs and expenses (including reasonable legal and accounting fees) arising out of or in connection with (a) your access to or use of the Platform; (b) your breach of these Terms or of any applicable law; (c) any dispute between you and another user, including any dispute under a Service Contract; (d) your infringement of any third-party Intellectual Property Rights or privacy rights; (e) any tax liability arising from your status as an independent contractor or from your failure to remit applicable taxes; and (f) any Chargeback initiated in breach of Section 16.2.
  2. The Company will notify you of any claim to which this indemnity applies and will not settle such claim without your consent, such consent not to be unreasonably withheld or delayed.

CONSUMER RIGHTS

• 1. Application. Where you use the Platform as a consumer within the meaning of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, you benefit from mandatory statutory rights which are not affected by these Terms. Nothing in these Terms deprives a consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the consumer’s country of habitual residence.
  2. Right of Withdrawal. Where a right of withdrawal applies to a distance contract concluded with the Company, it may be exercised within fourteen (14) days. You acknowledge that this right does not apply to services which have been fully performed, where performance began with your express prior consent and your acknowledgement that you would lose the right of withdrawal upon full performance, nor to digital content supplied on the same basis.
  3. Alternative Dispute Resolution. Consumers may submit a dispute with the Company to the Czech Trade Inspection Authority (Česká obchodní inspekce, www.coi.cz), which is the competent body for out-of-court resolution of consumer disputes, or use the European Union online dispute resolution platform where available.

DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

• 1. Informal Resolution. In the event of any dispute between you and the Company, you agree first to attempt to resolve it informally by sending written notice of the claim, the underlying facts and the relief sought to support@skilledport.com. The parties shall negotiate in good faith for thirty (30) days from the Company’s acknowledgement of the notice.
  2. Governing Law. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or their formation, are governed by and construed in accordance with the laws of the Czech Republic, without regard to conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
  3. Jurisdiction. If a dispute cannot be resolved informally, you irrevocably agree that the courts of the Czech Republic, determined by reference to the registered office of the Company, have exclusive jurisdiction. Where you act as a consumer, this Section does not deprive you of the right to bring proceedings in, or of the protection of the mandatory law of, your country of habitual residence.

GENERAL PROVISIONS

• 1. Force Majeure. The Company is not in breach of these Terms and is not liable for any delay in or failure of performance caused by events beyond its reasonable control, including acts of God, governmental action, war, terrorism, civil unrest, epidemic or pandemic, strikes, sanctions, failures of the Acquirer or of banking or telecommunications infrastructure, cyber-attack, or the unavailability of third-party services.
  2. Entire Agreement. These Terms, together with the Fee Schedule, the Privacy Policy and any documents referred to in them, constitute the entire agreement between you and the Company and supersede all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral.
  3. Severability. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the provision shall be deemed deleted, and such deletion shall not affect the validity and enforceability of the remainder.
  4. Waiver. A waiver of any right or remedy under these Terms or by law is effective only if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay in exercising any right or remedy does not constitute a waiver of it.
  5. Third Party Rights. Save as expressly stated, these Terms do not confer any right on any person other than the parties to enforce any term of these Terms.
  6. Assignment. You may not assign, transfer, charge, subcontract or otherwise deal with any of your rights or obligations under these Terms without the Company’s prior written consent. The Company may assign, transfer, charge or subcontract any of its rights or obligations, including in connection with a reorganisation, merger or sale of business, or a change of Acquirer.
  7. Notices. Notices to the Company must be sent to the addresses set out in Section 2. Notices to you will be sent to the email address registered to your Account or delivered through the Platform and are deemed received twenty-four (24) hours after transmission.
  8. Amendments. The Company may amend these Terms at any time to reflect changes in law, regulatory requirements, the requirements of the Acquirer, or its business operations. Material amendments will be notified to you by email or by prominent notice on the Platform not less than thirty (30) days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the amended Terms. If you do not accept an amendment, you must cease using the Platform and may close your Account.