1. Scope of application
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These General Terms and Conditions (hereinafter "T&Cs") govern the contractual relationship between NomadWorks GmbH, DC Tower, Donau-City-Straße 7/30th floor, 1220 Vienna, registered in the Companies Register (Firmenbuch) under FN 673788 s (hereinafter "NomadWorks") and the users of the online platform operated at [handyman-works.eu] (hereinafter the "Platform"). NomadWorks' complete information pursuant to § 5 E-Commerce Act (ECG) is set out in the legal notice (Impressum).
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Users are: "Tradespersons" (commercial providers of trade services, or employees) and "Clients" (companies or consumers who post jobs for trade services). Where a provision addresses "Users", it applies to both groups. To the extent that terms are used below in their masculine form, they are to be understood as gender-neutral.
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Deviating T&Cs of businesses (Unternehmer) acting as contractual partners of NomadWorks become part of the contract only if NomadWorks expressly consents to them in writing.
2. Subject matter of the contract; role of NomadWorks as an advertising platform
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NomadWorks operates an online listings platform. Clients can post work on the Platform; Tradespersons can apply for it or publish their own profiles presenting their services.
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NomadWorks acts solely as the provider of the Platform. It is neither an intermediary nor a broker within the meaning of the Brokers Act (MaklerG) (or of a comparable legal provision of another EU Member State, where such provision is applicable to consumers in an individual case pursuant to the Rome I Regulation (Rom-I-VO)), nor a party to any contract initiated or concluded between Users, nor a representative of a User. Contracts between a Client and a Tradesperson come into existence exclusively between those parties. The legal classification, content and performance of such contracts are the sole responsibility of the Users involved; NomadWorks has no influence over them and assumes no duty to provide information, verify, support or advise in this respect.
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NomadWorks does not check the identity, qualifications, creditworthiness, trade-law authorisation or insurance cover of Tradespersons. Clients are encouraged to inform themselves independently about their contractual partner before concluding a contract (Companies Register (Firmenbuch), Trade Register (Gewerberegister), proof of authorisation and insurance, or, in an individual case, appropriate measures).
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The place of performance is Vienna, Austria.
3. Registration; user account
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Use of the Platform requires the registration of a user account. Registration is permitted only to natural persons who are of full age and have legal capacity, or to duly represented legal entities. There is no entitlement to registration.
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The User must provide their information truthfully and completely and update any changes without undue delay. NomadWorks may request suitable evidence (photo ID, excerpt from the Companies Register (Firmenbuchauszug), trade licence (Gewerbeschein)) but is not obliged to do so. Refusal to submit requested suitable evidence entitles NomadWorks to block the account.
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Access credentials must be kept secret. The User is liable for all actions carried out under their account for as long as they have not reported misuse without undue delay.
4. Listings, content, rights of use
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By posting a job posting, a profile, an offer or other content (hereinafter "Listing"), the User warrants that the information is accurate and complete, that third-party rights are not infringed and that the content does not violate applicable law.
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The User grants NomadWorks a non-exclusive right of use in their Listing, limited in time to the duration of publication, to the extent necessary for display on the Platform, where applicable in its apps and, where applicable, in supporting partner media of NomadWorks. No separate remuneration is owed for this.
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Multiple entries with identical or almost identical content, as well as content that evidently serves self-promotion outside the purpose of the Platform, are not permitted.
5. Obligations of Users
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Tradespersons must, where the requirements are met (under the respective legal system), hold the trade-law authorisations required for the activities posted and, upon request, provide evidence thereof; must hold all further applicable legal prerequisites for their activity; and must disclose their status as a business in their profile (in particular the information obligations under § 5 E-Commerce Act (ECG) and § 63 Trade Regulation Act (GewO), or under a comparable legal provision of another EU Member State applicable in an individual case).
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If a Tradesperson concludes contracts with consumers, they must comply, on their own responsibility, with the relevant consumer-protection provisions (in particular the Consumer Protection Act (KSchG), the Distance and Off-Premises Transactions Act (FAGG), or a comparable legal provision of an EU Member State applicable in an individual case).
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Clients must describe job postings completely, correctly and in a manner that enables the Tradesperson to realistically assess the effort involved. A Tradesperson's offers may be used exclusively for deciding on the award of the job.
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Both sides undertake to resolve disputes arising from a contract concluded between them directly with one another. NomadWorks is not obliged to participate in dispute resolution between parties who originally became aware of each other via the Platform, unless this is provided for in these General Terms and Conditions or by mandatory statutory provisions.
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In both the content of advertisements and the submission of reviews, the User must observe the Platform's Usage Guidelines. The Usage Guidelines are accessible at the following link: Usage Guidelines. In the event of breaches of the Usage Guidelines, NomadWorks is entitled to make the relevant Listing or the relevant comment inaccessible. In the case of advertisements, the advertisement price paid is forfeited. In the event of repeated or serious breaches of the Usage Guidelines, NomadWorks is entitled to block the User permanently.
6. Fees; payment
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Advertisements are charged on the basis of a single-advertisement model: for each advertisement activated by the User, the fee shown on the website before purchase is payable once. Upon purchase, NomadWorks undertakes to display the single advertisement on the Platform for the period shown on the website before purchase (e.g. 30 days, 45 days, 60 days). Vis-à-vis consumers, prices are shown inclusive of statutory value-added tax (VAT) and other levies.
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Payment is made immediately before activation of the respective advertisement via the means of payment offered on the Platform. The advertisement is published only after payment has been successfully received.
7. Ranking of search results; recommendations
- The ranking of search results is determined by the match between the Listing and the search query (filters), regional proximity (in map view), and otherwise by recency. Listings acquired at prices higher than the lowest listing price may be ranked higher by NomadWorks.
8. Reviews
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The Platform provides a public review system. Users can review Tradespersons by giving a star rating from one to five and, optionally, writing a comment. Reviews must be objective and truthful and must be based on the reviewer's own actual experience with the reviewed Tradesperson. In particular, the following are prohibited: untrue statements of fact, the publication of third parties' personal data, and commercially motivated or manipulative reviews (e.g. reviews for payment, reviews by competitors or by persons closely associated with the Tradesperson). In addition, the Platform's Usage Guidelines also apply to comments (see clause 5.5 above).
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Reviews are not checked by NomadWorks prior to publication. The Platform provides a reporting function and monitors incoming reports in an appropriate manner.
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NomadWorks is entitled, together with the reviewer, to shorten or delete a review if it breaches clause 8.2.
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After publication, reviews reflect the opinion of the respective reviewer, not that of NomadWorks. The reviewed Tradesperson may contest a published review giving reasons; NomadWorks examines the objection and removes the review if it breaches clause 8.2, if its basis is not plausible or if there was evidently no connection to a job.
9. Content moderation; reports; complaints
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NomadWorks is entitled, but not obliged, to check content in automated or manual form.
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Users and third parties may object to any content on the Platform via the "Report content" button (report button) visible on every Listing and every review. The report requires only the selection of a reason for reporting; reasons in free text are possible but not mandatory. The report may be made anonymously.
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Reports are examined in an appropriate manner and within a timeframe appropriate to the size of the Platform, and content that is manifestly unlawful or in breach of these T&Cs (Listings or comments) is removed or blocked.
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In the case of restrictive measures (removal of content, blocking, account closure), the affected User is informed. NomadWorks will give substantiated reasons for the measure to an appropriate extent.
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In the case of repeatedly and manifestly unfounded reports or complaints, NomadWorks may, after a request for comment, appropriately suspend the User's ability to report or complain.
10. Blocking; termination
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NomadWorks may terminate the contract with immediate effect and block the user account if the User repeatedly or seriously breaches these T&Cs, has provided incorrect information, fails to furnish requested evidence, lacks the required trade-law authorisations, is in default of due payments, or uses the Platform improperly (in particular for unfair advertising, fraud or infringement of third-party rights). Where NomadWorks justifiably terminates, fees already incurred remain owed; the User has no claim for compensation.
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The User may terminate the contract at any time, without observing any notice period, by deleting their account. Fees already paid are not refunded in this case.
11. Liability
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In particular, NomadWorks is not liable for the formation, performance, quality, creditworthiness or identity in contractual relationships between Users, nor for the accuracy, recency, completeness or lawfulness of the content posted by Users.
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Otherwise, NomadWorks is liable only in cases of intent and gross negligence, unless mandatory statutory provisions (in particular personal injury, the Consumer Protection Act (KSchG), the Product Liability Act (PHG)) impose more extensive liability.
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Claims for lost profit, indirect damage and consequential damage are excluded.
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For companies/business owners as contractual partners, the following also applies: NomadWorks is liable, on whatever legal ground, exclusively in cases of intent and flagrant gross negligence. Liability for slight or ordinary gross negligence is excluded. Liability towards other business owners/companies is limited to a total of EUR 500 per contract year. Claims for lost profit, indirect damage, consequential damage and third-party damage are excluded. Consumer rights arising from the statutory warranty remain unaffected. This clause does not apply to consumers.
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Continuous availability of the Platform is not owed. Maintenance, security, capacity or improvement periods do not constitute a defect or outage. NomadWorks undertakes reasonable efforts to ensure permanent accessibility. Outages of less than 24 hours, or less than 48 hours within a month, do not entitle the User to a refund. Longer outages entitle the User only to a pro-rata refund of the fee paid, unless NomadWorks is at fault through flagrant gross negligence.
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The User shall indemnify NomadWorks against third-party claims attributable to content posted by the User, including reasonable legal costs.
12. Intellectual property rights
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All rights in the design, structure, database and NomadWorks' own content of the Platform belong to NomadWorks. Systematic reproduction, in particular by crawlers or comparable tools, is prohibited without NomadWorks' consent. The User has no right to decompile the Platform's website or otherwise participate in such procedures.
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Users who communicate suggestions for improving the Platform acquire no claims or intellectual property rights in respect of such suggestions and grant NomadWorks, where applicable, an unlimited and free-of-charge right of use in respect of the suggestions communicated.
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Third parties and Users are expressly prohibited from using the content published on the Platform for text and data mining purposes, in particular for training or teaching generative AI models, without NomadWorks' prior consent. NomadWorks expressly reserves these rights pursuant to § 42h para 6 Copyright Act (UrhG).
13. Right of withdrawal for consumers (FAGG)
- Consumers have a right of withdrawal of fourteen days for online contracts for consideration pursuant to § 11 Distance and Off-Premises Transactions Act (FAGG) (or a comparable legal provision of another EU Member State). The full Withdrawal Instructions and the Model Withdrawal Form are contained in Annex 1 to these T&Cs.
14. Amendment of these T&Cs
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NomadWorks may amend these T&Cs. The User receives information about the amendment and the effective date by e-mail or in the user account. The period between notification and the effective date is at least 15 days for commercial users and at least 30 days for consumers.
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If the User continues to use the Platform after the effective date, their consent is deemed to have been given, provided the amendment does not concern core performance obligations. If the User objects, they may terminate the contract with effect from the effective date of the amended T&Cs.
15. Applicable law; place of jurisdiction
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Austrian law applies to the contractual relationship, excluding the referral rules of private international law (IPR) and the UN Convention on Contracts for the International Sale of Goods (UN-Kaufrecht). Mandatory consumer-protection provisions of the state in which the consumer has their habitual residence remain unaffected.
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For disputes with business owners/businesses, the court with subject-matter jurisdiction in Vienna is agreed as the exclusive place of jurisdiction.
15. Final provisions
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Consumers may, in the event of disputes, turn to a competent consumer dispute resolution body (Verbraucherschlichtungsstelle), where available. NomadWorks is neither obliged nor willing to participate in dispute resolution proceedings before such a body unless otherwise required by law.
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Should individual provisions be invalid, the contract otherwise remains effective. The invalid provision shall be replaced by a valid arrangement that comes economically closest to the invalid one.
Withdrawal Instructions
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us, NomadWorks GmbH, DC Tower, Donau-City-Straße 7/30th floor, 1220 Vienna, [[email protected]], by means of an unequivocal statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the attached Model Withdrawal Form (Annex to these T&Cs) for this purpose. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than fourteen days from the day on which we are informed of your withdrawal from this contract. For such reimbursement, we will use the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of such reimbursement. If you requested that the service begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal in respect of this contract, compared with the full scope of the services provided for in the contract.
Early expiry
The right of withdrawal expires prematurely if NomadWorks has fully performed the service and began performance only after the consumer gave their express consent and at the same time acknowledged awareness that they would lose the right of withdrawal upon complete performance of the contract (§ 18 para 1 subpara 1 Distance and Off-Premises Transactions Act (FAGG)).