Terms of Service.
Last updated on 22/11/2022
General legal notice
The Daadaak website offers a service to connect people who require services, referred to as “Clients”, with service providers, referred to as “Professionals”.
This website is published by Daadaak SAS, a simplified limited company with capital of €16,455.00 euros, registered with the Company and Business Register in Paris under registration number 75177906. The head office of the company is located at 24 rue du petit musc, 75004 Paris.
The Daadaak website is hosted by Amazon Web Services Inc - 410 Terry Avenue North - Seattle WA 98109-5210 - USA.
Article 1 Definitions
Article 2 General Provisions
Article 3 Using Daadaak as a Professional
Article 4 Using Daadaak as a Client
Article 5 Liability
Article 6 Intellectual Property
Article 7 Provisions with regard to User data
Article 8 Miscellaneous Provisions
Article 1 Definitions
“DAADAAK SAS”: The company which owns the Daadaak website and which publishes the services of Daadaak
“Client”: An individual or legal entity registered on Daadaak’s website, who posts one or more requests for services on the Daadaak platform. This refers to the service requester.
“Client account”: An account opened by the Client by registering on the Daadaak website, which allows them to access the services of Daadaak.
“Professional Account”: An account opened by the Professional by registering on the Daadaak website, which allows them to access the services of Daadaak.
“Request”: All data (information, sounds, photos, design, etc.) which a Client submits online on Daadaak’s website for the purposes of requesting a service.
“Quote”: All information submitted by the Professional on Daadaak for the purpose of responding to a specific Request from a Client
“Partner”: A third-party company with whom Daadaak has a business relationship, for the purposes of providing additional information or services for the User.
“Professional”: Individual or legal entity, registered on Daadaak’s website, who posts different types of data (information, sounds, photos, design, etc.) for the purposes of offering services on Daadaak’s website. This refers to the service provider.
“Profile”: Information published by a Professional on Daadaak, containing all the information about their business.
“User”: Individual or legal entity using the services of Daadaak
Article 2 General Provisions
2.1 Purpose of the Terms of Service
The purpose of the present Terms of Service is to :
Set out the terms and conditions under which Daadaak SAS offers its services to Clients and Professionals, via the Daadaak website.
Set out the rules for using the Daadaak website.
2.2 Binding Nature of the Terms of Service
Any use of the website and services provided by Daadaak on the website presupposes unconditional acceptance of the present Terms and Conditions of Use.
The Terms and Conditions of Use form a binding contract for any relations between Daadaak SAS and the Users, other than any express exceptions
The fact that Daadaak SAS may not enforce any one of the clauses at some point does not in any way imply waiving the right to later enforce these provisions.
If part of the Terms and Conditions were to become null and void or unenforceable, the provisions concerned would be deemed not to be written, but this would in no way call into question the validity of the other clauses, which would still apply between Daadaak SAS and the Users.
2.3 Changes to the Terms of Service
The Terms and Conditions of Use may be modified unilaterally by Daadaak.
In accordance with the regulations in force, any change to the Terms and Conditions which affects the rights and the obligations of Users requires notification being sent to the email address provided in the Profile. This notification specifies the effective date of the modification, which will be no less than fifteen days from the time of notification.
If the change affects the legal situation of Professionals or a certain category of Professionals, each Professional affected by the proposed change may terminate their contract with Daadaak SAS within 15 days of the notification. After this date, in the absence of termination of the contract, the Professional is deemed to have accepted with reservation the Terms and Conditions in their modified form. Professionals who are not affected by the change to the Terms and Conditions do not have the right to terminate their contract for that reason.
If the change affects the legal situation of Clients acting as consumers as defined in the introductory article of the Consumer Code, the change will only be enforceable in the light of their agreement. The use of features of the website after the modification of the Terms and Conditions applies, is deemed to be a tacit and irrevocable acceptance of the modifications applied.
Article 3 Using Daadaak as a Professional
Article 3.1 Conditions required to register as a Professional on the Daadaak website
To offer services as a Professional, you must be registered on the Daadaak website.
You also must meet all the following conditions :
Be of legal adult age (for individuals) or registered (companies and legal entities).
Have the legal authority to enter into contractual relationships
To offer services as a professional, as defined in the introductory article of the Consumer Code.
Not be banned from managing, administrating or controlling a business.
Have the appropriate status to offer professional services (company, sole trader, self-employed, etc.) and to have completed all the necessary formalities (registering your company, social security returns, training, qualifications, etc.), allowing you to legally practice your business as a Professional. Have taken out the insurance required to cover your liability for services that you offer to Clients through the Website.
Accept that you will systematically be bidding against peers.
Once Registered, Professionals are asked to complete their Profile. All the information provided for this purpose must be accurate.
In the event of a breach of one of these obligations, Daadaak reserves the right to delete the Professional’s profile, either after a warning with which the Professional has not complied, or immediately in urgent cases or in cases of clear and/or repeated breach of the terms and conditions.
Since Daadaak SAS is not a public authority, it cannot however carry out verifications on data which is not publicly accessible (qualifications, for example). If you suspect that a Professional registered on Daadaak’s website is practicing a profession illegally, you should contact the appropriate public authority so that checks may be carried out by certified agents.
Article 3.2 Subscription
- Article 3.2.1 Services offered as part of the subscription
A subscription to Daadaak gives access to all requests posted by Clients in the field of expertise provided in their Profile. Professionals are free to interact with Clients with the aim of offering them their services. Daadaak cannot guarantee a minimum volume of Requests from Clients.
In order to avoid fraud and to guarantee a good quality of Service for Clients, a limit of 100 interactions per month is applied for each Professional. In the event of reaching this limit, a notification will be sent to the Professional. In cases of fraudulent behaviour, the account may be deleted with a refund (v. article 3.2.6).
As Daadaak is purely a platform for connecting people, Daadaak SAS does not guarantee that sending a Quote will automatically result in a subsequent transaction.
The actual signing of contracts with Clients depends on factors which are specific to each Professional, such as their responsiveness, their experience, how suitable their profile is for the Request, or the value for money of the services provided.
- Article 3.2.2 Price and frequency
Subscription can be monthly, quarterly or annual.
The cost and frequency of the subscription can be seen at all times in the Professional’s Account.
- Article 3.2.3 Automatic renewal and non-renewal
— Article 3.2.3.1 Automatic renewal
The subscription shall be automatically renewed at the end of each period, unless the member has given notice of non-renewal in accordance with Article 3.2.3.2.
— Article 3.2.3.2 Cancellation procedure
The decision not to renew a subscription (cancellation) shall only take effect at the end of the current subscription period, provided that all of the following conditions have been met:
(i) The subscription must be canceled at least 7 days before the end of the subscription period. Failure to comply with this notice period will result in the cancellation being ineffective and the subscription being renewed for a subsequent subscription period. The notice period is extended to 30 days before the end of the subscription period for annual subscriptions. For free trials, cancellation requests can be made at any time prior to renewal. If your cancellation request is received on a non-business day, we will not be able to process it immediately. In the event of a withdrawal being made despite a valid cancellation request, a full refund will be made as soon as possible.
(ii) Cancellation of the subscription will in principle be subject to the payment of a cancellation fee of 5 USD. This fee is in consideration of the administrative costs necessary for processing the cancellation. The fee must be paid by credit or debit card. The fee is non-refundable. Cancellation of a free trial or annual subscription is not subject to any cancellation fee. In addition, regardless of the type of subscription, if the Professional has been a subscriber for one year or more, the cancellation fee charged will be refunded in full to the card used for payment.
(iii) Cancellation can only be done from the Professional's profile, in the settings of his/her account, by following the specified procedure. Simply sending an email to Customer Service, or a letter, or any other expression of will is not considered a valid means of unsubscribing and will therefore not prevent renewal.
Once a subscription period has started without all the above conditions being met, it cannot be cancelled before the end of the period under way. No refunds will be made for that period.
Unless specified in a written contractual document explicitly derogating from these General Terms and Conditions, one-off purchases made on the Daadaak platform are never refundable.
— Article 3.2.3.3 No right of withdrawal
As stated in these General Terms and Conditions, Daadaak may only be used by Professionals acting in the context of their professional activity. Consequently, none of the rights derived from the French Consumer Code, in particular the right of withdrawal, may be exercised against Daadaak.
- Article 3.2.4 Payment of subscriptions
Payment for subscriptions is due at the start of each period.
In order to make payment, the Professional undertakes to provide a valid payment method on their Profile, meaning that the subscription can be automatically paid. Payment methods which are accepted include credit cards or payments through a payment partner recognised by Daadaak SAS.
Removing a payment method from the Profile does not mean the termination of the contract (for information on how to cancel a subscription see Article 3.2.6). If a Professional removes a payment method, they must provide a different payment method on their Profile as soon as possible, in order to meet their contractual commitments.
In the event of non-payment by a Professional, Daadaak reserves the right to suspend contacts with Clients, as per an exception for breach of contract. When the Professional redresses the situation, contacts will be restored.
If the Professional fails to redress the situation, Daadaak reserves the right to recover the sums due by every possible means, including by legal proceedings. Professionals also agree that in the event of amounts outstanding, Daadaak will have the right to deduct the sums due if a new payment method is provided by the Professional.
- Article 3.2.5 Force majeure
Payment for subscriptions is still owed in the event of a general downturn in economic activity, regardless of the cause.
Specifically, Daadaak SAS and the Professional agree that the occurrence of an epidemic and restrictive measures put in place by government authorities, of any nature whatsoever, will not be considered as a case of an Act of God, temporarily or permanently releasing them from their obligations.
In addition, the Professional agrees that inability to use the services provided by Daadaak for personal reasons (illness, strikes, etc.) will not release them from their obligations to Daadaak SAS.
- Article 3.2.6 Cancelling subscriptions
The Professional cannot cancel their subscription before the end of the period. They may however, decide not to renew their subscription at the end of the period at any time, as per the terms set out in art. 3.2.3, giving notice of at least 15 working days before the end of the period.
Daadaak SAS may cancel a subscription in the event of violation of the law or breach of the present Terms and Conditions by the Professional, without prejudice to any other sanctions or actions provided by the law.
In particular, a breach of articles 3.1, 3.2.1, 3.2.4 of the present Terms and Conditions may give rise to immediate unilateral termination by Daadaak SAS, without any due process of law or any compensation from Daadaak.
Article 3.3 Specific provisions with regard to subscriptions
- 3.3.1 Free trial
A free trial may be offered to some Professionals for a specific period. StarOfService SAS reserves the right to offer or not to offer a free trial, at its sole discretion.
Access to a free trial is subject to the provision of a valid payment method.
Other than special written exceptions to the contrary, the free trial automatically carries on to a subscription at the end of the trial period. This subscription is then subject to the rules set out in article 3.2.
The Professional may refuse to subscribe, by strictly following the formalities for cancelling subscriptions set out in art. 3.2.3 (a request must be sent, only from their Profile), and at least two days before the end of the free trial.
- 3.3.2 Premium Account
Some Professionals may be offered a Premium Account.
Professionals who have signed up to Premium Account have two advantages over other Professionals:
A featured profile for Client searches
Priority customer service.
A Premium Account involves taking out an additional subscription, in addition to the basic subscription. The amount and frequency are displayed in the Professional’s Profile.
The subscription to a Premium Account is governed by the same rules as a basic subscription (article 3.2), namely with regard to renewal and payment.
A Premium Account may also begin with a Free Trial, with the same conditions as for free trials of the basic package (article 3.3.1).
Article 3.4 Rules with regard to the use of the Daadaak website
- Article 3.4.1 Sending Quotes
Any Professional with a valid subscription can access Requests from Clients, along with Client contact details.
Reaching out and discussions are free, up to the limit of 100 interactions per month stipulated in article 3.2.1.
— Article 3.4.2 Verification of telephone numbers
In some instances, Daadaak carries out verifications of Client telephone numbers.
When this is the case, a verification SMS is sent to each Client after registration to validate the telephone number indicated. However, Daadaak SAS does not guarantee the absolute validity of the personal information indicated by Clients in their Account.
— Article 3.4.3 Pre-contractual Information
Professionals may, if they wish, use the Daadaak website messaging service in order to fulfil pre-contractual obligations to Clients which are their responsibility, in particular those set out in art. L. 221-5 and L. 221-6 of the Consumer Code.
— Article 3.4.4 Legal Obligations of Professionals with regard to Revenue from their Business.
The Professional alone is responsible for the validity of their legal status and fulfilling their obligations, in particular social and fiscal obligations, in relation to running their business.
Information with regard to these obligations is available on :
Article 4 Using Daadaak as a Client
Daadaak offers any individual the option of posting a Request, free of charge, with the aim of receiving Quotes from Professionals registered on the platform.
Registration and posting Requests are free. They must however comply with the rules set out in article 4 of the present Terms of Service.
Clients are free to accept or not Quotes from Professionals, and to negotiate with Professionals, either through the messaging service StarOfService provides, or by another means outside of the platform.
Article 4.1 Becoming a Client on Daadaak
By creating an Account on the Daadaak website, you become a Client. When you create your Account, you agree to :
Provide accurate personal information.
Carry out the verification of your telephone number when requested (by receiving a validation SMS)
Create only one Account.
Not create a Client Account on behalf of a third party without their knowledge and authorisation.
Daadaak reserves the right to delete any Client Account which breaches one of these rules.
If you no longer wish to use your Client Account, you can deactivate it online. You can also send an email to hello@daadaak.com
For any questions about your personal data, see our Privacy Policy.
Article 4.2 Rules with regard to Requests
- Article 4.2.1 Content of Requests
All Requests must:
Meet a real need on the part of the Client. Any Request which aims solely to obtain information on prices and services provided by competitors will be automatically deemed to be wrongful. Artificially creating more than one Request for a single need, in order to obtain more Quotes, will also be deemed wrongful.
Comply with the laws and regulations in force in the country where the Request is posted. Requests for private services or services which go against public order are forbidden.
Not contain discriminatory, offensive or defamatory remarks towards any other person
Not contain direct or indirect advertising of a product or service.
Not call for people to join any political party, association or religion.
Not be in relation to taking part in a franchise, a distribution agreement, a dealership or a sales outlet contract, or any agreement of a commercial nature.
Not undermine legally protected interests of any nature of the Professionals, Client or of Daadaak SAS. Rights with regard to one’s image and reputation are considered as protected interests.
Daadaak SAS reserves the right, at its sole discretion, to delete any Request which breaches one of these rules (cf. Article 5.2.3).
In the event of repeated or serious breaches of articles 4.1 or 4.2.1, Daadaak reserves the right to delete the Account of the Client in question.
- Article 4.2.2 Sending Requests
When you send a Request, you authorise Daadaak SAS to forward your contact details and the content of your Request to Professionals who may be interested.
You also authorise interested Professionals to contact you in order to send you a Quote.
And finally, you authorise Daadaak SAS to communicate your Requests to its Partners so that they may post them on their own site and network, with the aim of reaching a greater number of people who may match your need.
Article 4.3 Listing of Professionals on Daadaak
- Article 4.3.1 Criteria for listing Professionals
When the Client posts a Request on Daadaak, Daadaak SAS carries out an initial selection of registered Professionals based on the following criteria :
Availability in terms of dates.
The compatibility between the service requested by the user and the services provided by the Professionals.
Travel preferences and the distance between the Client’s address and Professional’s address.
Any other limitations a Professional may have specified on their Profile.
The selection of registered professionals who will automatically be asked to send a Quote is then based on the following parameters :
“Reviews”. These are the ratings and comments of other users on the Daadaak platform.
“Photo”. The presence of a profile photo of the professional will increase their chances in the rankings.
“Payment history”: The number of transactions carried out on the platform increases the chances, payment issues lower them.
“Last log-in”. The date of the last login to the platform is taken into account, in order to favour actively involved professionals.
“Profile points”: The more the Professional has completed their Profile, the more profile points they obtain. The presence of client feedback considerably increases the number of points.
“Premium Account”. Pros who have the option of subscribing to a Premium account, which allows them to be ranked higher in the list of quotes.
- Article 4.3.2 Links between Daadaak SAS and the Professionals
Daadaak SAS has no financial links with any listed Professional.
Daadaak SAS’s remuneration for creating contacts comes solely from Professionals’ subscriptions (article 3.2) and where appropriate from the Premium Offer (article 3.3.2).
Daadaak SAS does not receive namely any commission, neither fixed-rate nor proportional, on any transactions agreed between a Professional and a Client after they have been put in contact.
Article 4.4 Posting feedback on Professionals
The Daadaak website allows Clients to give feedback on the Professionals they have signed a contract with. This feedback can be in the form of a rating and/or written comments.
Feedback is not checked by Daadaak SAS. They are not deleted after a certain period and they are not subject to any compensation for the Client.
Article 5 Liability
Daadaak SAS is a platform which ensures that Professionals and Clients are put in touch in a simple way.
To that end, and unlike other platforms, Daadaak :
Does not know if a transaction takes place between a Professional and a Client once they have been put in touch.
Does not and cannot carry out any checks on the content, the quality or the price of services provided by Professionals.
Does not and cannot carry out any checks on the solvency or the payment of the price by the Client.
Consequently, Daadaak does not intervene in any way in the contractual relationship which may be established between the Professional and the Client to draw up Quotes, or all that follows.
Article 5.1 Absence of liability for the consequences of making the connection
The contractual relationship established between Daadaak SAS and the Professional, on the one hand, and between Daadaak SAS and the Client, on the other hand, ends when the connection has been made.
Therefore, Daadaak SAS does not intervene in subsequent relations between the Professional and the Client, and will not be held liable for any prejudice or breach which may arise, directly or indirectly, from the relationship.
It is therefore the Client’s responsibility to verify information given by the Professional in order to check their competence to carry out the services provided.
By accepting these Terms and Conditions, the Client understands that Daadaak’s mission is restricted to creating the connection, that the Client then signs a contract with the Professional at their own risk, and that there is no commitment or guarantee on the part of Daadaak SAS with regard to the actual fulfilment of the job or with regard to the competence of the Professional selected.
Each User recognises and accepted that in the event of their co-signee (Client or Professional) not fulfilling their obligations or for prejudice, they will only be able to bring proceedings against the co-signee, and Daadaak SAS will in no way be held liable.
Article 5.2 Liability with regard to the content posted on the website by Users
Daadaak SAS acts as a host as defined by law n° 2004-575 of 21st June 2004. The liability regime is therefore defined by article 6 of this law.
- Article 5.2.1 Absence of liability of StarOfService SAS
Daadaak SAS declines civil or legal liability for content posted by any User, on the condition that Daadaak SAS was not actually aware of the clearly illegal nature of the content.
DaadaakSAS is not generally subject to an obligation to monitor the information it forwards or stores, nor a general obligation to research facts or circumstances indicative of illegal activity.
Each User is therefore is deemed to have editorial responsibility for the content they publish on the website.
- Article 5.2.2 Notification of illegal content
Any person may notify Daadaak to warn it about the apparently illegal nature of content it hosts, with the aim of having it removed.
The notification needs to be carried out with the form required by law (art. 6, §5, Law n° 2004-575 of 21st June 2004), i.e. :
if the notifying party is an individual: their surname, first name, email address; if the notifying party is a company: its form of organisation, company name, email address; if the notifying party is a public authority: its name and email address. These conditions will be deemed to have been fulfilled if the notifying party is a registered User of the Daadaak website, if they are online at the time of the notification, and if Daadaak receives the elements required to identify them;
a description of the contentious content, its exact location, and if necessary, the email address(es) to which is accessible;
the legal reasons why the contentious content should be removed or made inaccessible;
a copy of the correspondence addressed to the person who wrote or posted the contentious information or activity, asking for it to stop, to be removed or to be modified, or justification that it was impossible to contact the author or publisher; this condition is not required for notification of offences mentioned in the third paragraph of article 7 of the present document | as well as article 24 bis and the third and fourth paragraphs of article 33 of the law of 29th July 1881 on freedom of the press.
After looking into the notification, Daadaak SAS will proceed to remove the content, if it appears to be clearly illegal.
If there is any doubt, the person who notifies Daadaak must contact the relevant public authorities in order to have it removed.
- Article 5.2.3 Removal of content on the initiative of Daadaak SAS
In any situation, Daadaak reserves the right to delete, on its own initiative, any content posted by any User, if the content goes against the law, the present Terms and Conditions, the rights of other Users, the rights of third parties or the correct running of the website.
This removal will not require prior notice and will not give rise to compensation.
Article 5.3 Liability with regard to the performance of the platform
- 5.3.1 Access to the websites
Daadaak’s platform is accessible 24 hours a day, 7 days a week, except in the event of any possible breakdown or any maintenance required to ensure the proper functioning of the website.
Daadaak SAS reserves the right to interrupt Daadaak’s services temporarily, for technical or legal reasons, and this will not entitle Users to damages or compensation.
- 5.3.2 Integrity of the website
Daadaak SAS undertakes to make every effort to implement procedures which reduce risks in relation to intrusion, hacking, or the insertion of a virus on the server and/or the website of Daadaak. It also makes every effort to safeguard the content of Daadaak as much as possible.
Daadaak SAS does not however provide an absolute guarantee with regard to the integrity of its website or content.
Consequently, Daadaak SAS will not be in any way liable in the event of any system malfunction or intrusion, namely any type of network interruption, telephone or internet malfunction, as the result of an external cause (caused by a third party or force majeure).
Article 5.4 Absence of liability with regard to third party websites
Daadaak’s platform includes links to third party websites. Daadaak declines any responsibility for hypertext links to other websites. Daadaak SAS cannot be held responsible for any hyperlinks which lead from other sites to their platform. If you access any of these third-party websites, you do so at your own risk.
Likewise, Daadaak SAS is not responsible for hypertext links leading to the Daadaak website.
Article 5.5 Disclaimer
For any event or behaviour not covered under articles 5.1 to 5.4, if Daadaak were to be liable for damages related to the use of the Daadaak website, the services provided by Daadaak SAS or content of the website, the amount of damages allocated may not exceed the amount of one-hundred-and-fifty (150) euros, regardless of the amount of the actual prejudice or the nature of the liability claimed.
In any event, if the events or behaviour are set out in articles 5.1 to 5.4 and the liability exclusions set out to that effect are not considered enforceable by a judge, then the disclaimer of liability of the previous paragraph (150 euros) will automatically be applicable for all damages which result from these events or behaviours.
This disclaimer is justified by the fact that it is impossible for Daadaak SAS to fully control the validity of content posted on the website by Users and by the fact that they do not intervene in the contractual relationship which is created between a Professional and a Client.
As an exception to the aforementioned, the present clause does not apply to relations with lawyers, which are subject to the regulations in federal law on free movement of lawyers in Switzerland for any offence which is considered as “serious” in Swiss law.
Article 6 Intellectual Property
Article 6.1 Intellectual property of Daadaak SAS
Daadaak SAS is the sole owner of all intellectual property rights (namely copyright, related rights, trademark rights, database producers’ rights) with regard to both the structure and the content of the Daadaak website.
Any reproduction, misrepresentation, modification, publication, transmission in part or in full, of these elements and codes of Daadaak by any means or in any way, and likewise sale, resale, retransmission or provision for a third party in any way whatsoever are forbidden (more generally, any use of the Daadaak website and the information contained within in which is not authorised by Daadaak SAS).
Failure to comply with these restrictions constitutes a serious offence which may result in civil or criminal liability of the person who breaches these property rights.
Article 6.2 Rights with regard to content produced by Users
By publishing content on the Daadaak platform, all Users grant Daadaak SAS a non-exclusive, worldwide, free right, to reproduce, adapt, or publish this content, for the purpose of promoting and developing Daadaak SAS’s services.
This right does not go against Users using their prerogatives with regard to their personal data.
Article 7 Provisions with regard to User data
Article 7.1 Personal data and Cookies
V. Privacy Policy
Article 7.2 Post-contractual access to Professionals’ data
In the event of the termination of a subscription between Daadaak SAS and a Professional, the latter will no longer have access to any data he may have sent to Daadaak.
However, if the Professional is an individual, he still has a right to access his personal data within the limits defined legally on the matter (v. Privacy Policy).
Article 8 Miscellaneous Provisions
Article 8.1 Governing Law
These Terms of Service are governed by French law.
Article 8.2 Court of jurisdiction
In the event of a dispute, the parties undertake to make every effort to find an amicable solution.
If the parties fail to find an amicable solution, the relevant governing law and jurisdiction clauses apply.
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