Fidavo.com

Terms and conditions for the Agency

Short presentation and premise

FIDAVO.com(www.fidavo.com) is a website owned by FIDAVO LIMITED, headquartered in Dublin, 1 Watermill Lawn, Dublin 5, D05 K738 (Following, also, “FIDAVO LIMITED” or the “Company”).

FIDAVO LIMITED intended to create the site FIDAVO (Following, also the “gate”) that represents a virtual “market“ aimed at encouraging the encounter between demand and supply of survey services by primary and selected survey agencies.(following, also the “investigative agencies”).

Through FIDAVO, therefore, FIDAVO LIMITED carries out an activity of intermediation between the demand and the offer of investigation services, however making available to end users/customers (following, also, the “Users”) its many years of experience in the field in order to select primary and reliable Investigative Agencies that deliver their services through the website.

Very briefly, the website allows (i) Users to examine and evaluate different solutions of investigative services offered by the Investigative Agencies selected by FIDAVO LIMITED in order to identify the offer that best suits their needs and (ii) to the Investigative Agencies the possibility to widen and to expand the possibilities to increase own visibility and, therefore, to conclude contracts.

The Portal also offers the possibility to registered Users to be able to video call cognitive with the chosen investigation agency in order to evaluate the subsequent provision of a formal assignment to the same chosen investigation agency. Please note that the conduct of the investigation services offered through the Portal may be carried out by the Investigative Agencies only and exclusively through investigators that are in turn registered/subscribed on the same portal and that are connected/linked/associated with the Investigative Agencies according to the methods and terms indicated infra.

And in fact, with the Portal FIDAVO LIMITED intends to offer Users the opportunity to be constantly updated in real time about the progress/ development of the investigation services commissioned to the Investigative Agencies. This possibility can be guaranteed to Users only where the investigation services are entrusted by the Investigation Agencies exclusively to investigators also registered/subscribed on the Portal. We specify from now that the specific modalities and terms of the development of the services of investigation will be subject to a separate and autonomous contract that will be signed between the Users and the Investigative Agencies chosen, with respect to which FIDAVO LIMITED will remain completely unrelated.

1. Portal Terms and Conditions: a preliminary introduction.

The Portal Terms and Conditions contained on this page - and subsequent amendments. - (below the “Conditions”) apply to all investigation services that are made available by the Investigative Agencies through the Portal through any mobile device.

By accessing the Portal (including from mobile devices), visiting it, and/or using any of the available applications, the Investigative Agencies declare and guarantee that they have read, understood and accepted the following terms and conditions, including the Privacy Policy available at the following link.

These pages, their content and structure are the exclusive property of FIDAVO LIMITED.

2. Subject matter and description of the content of the relationship between FIDAVO LIMITED and the Investigation Agencies

  • 2.1 With the acceptance of these Conditions FIDAVO LIMITED allows to Investigative Agencies, who accept, access to FIDAVO in order to promote its investigation services for the benefit of FIDAVO users and with a view to concluding with the latter any and specific contracts having the object the execution of investigation services.
  • 2.2 In particular, FIDAVO LIMITED will provide Investigation Agencies with credentials access to a reserved area of FIDAVO (below the “Credentials”) in order to enable them to Investigative Agencies to upload and, therefore, to publish on the same portal promotional material and/ or however information on investigation services offered by the Investigation Agencies.
  • 2.3 It remains understood that the Investigative Agencies for the duration of this Agreement shall be the unique and exclusive custodians of the Credentials and shall take care of and guarantee preservation with the most appropriate tools and technologies in order to prevent unauthorized third parties may access and/or nevertheless use the same Credentials.
  • 2.4 FIDAVO LIMITED and the Investigative Agencies declare and recognize reciprocally that with the subscription of these Conditions are not intended to establish and/or anyway constitute any relationship/contract of partnership, joint-venture, association in participation and/or agency.
  • 2.5 FIDAVO LIMITED and the Investigative Agencies also expressly declare and acknowledge that these Conditions do not authorize or recognize any right/power/faculty -both to FIDAVO LIMITED and to the Investigative Agencies to assume any obligation and/or commitment against third parties in the name and/or on behalf of the other Party.

3. The role of FIDAVO LIMITED and its non-involvement to the execution of investigation services

  • 3.1 The Investigative Agencies declare and expressly acknowledge that they are aware the circumstance that (i) FIDAVO LIMITED in the execution of the relation referred to in these Conditions acts only and exclusively in the role of intermediary between the visitor/user of FIDAVO and the Investigative Agencies, making available the same platform for the purposes of meeting demand and supply of services investigation and (ii) the same Investigative Agencies will be the sole and exclusive responsible for of visitors/users of FIDAVO about the correct and integral conduct of investigation services offered/advertised through the same portal.
  • 3.2 In particular, FIDAVO LIMITED and the Investigation Agencies expressly declare and acknowledge that the execution of the investigation services offered through FIDAVO will be governed by a specific and autonomous contract to be signed between the Investigative Agencies and each visitor/user of the same portal, with respect to which FIDAVO LIMITED will remain completely unrelated.

4. Obligations and declarations to guarantee the Investigation Agencies

  • 4.1 The Investigative Agencies are obliged to carry out and/or in any case to carry out the investigation services offered through FIDAVO only and solely by investigators who are in turn registered/inscribed on the same portal (Below the “Agents”) and that are related/linked to the position/account of the Agencies Investigation according to the methods and terms indicated in the following art. 10.
  • 4.2 Remains in any case expressly understood and agreed that it will be exclusively to the Investigation Agencies to verify and ensure that the Agents (i) are in any case in possession of all permits/ authorizations/ licenses required by law and (ii) are in any case equipped with the appropriate skills/knowledge and abilities for the purposes of the conduct of investigation services in line with the best quality standards in the sector, with the exclusion of any and all liability in this regard to FIDAVO LIMITED.
  • 4.3 The Investigative Agencies declare and expressly recognize that the respect/fulfilment of the obligation referred to in Art. 4.1 is of essential importance for FIDAVO LIMITED which, through FIDAVO, intends to offer the possibility to users of the same portal to be always updated on the status of the investigation services entrusted to the Investigation Agencies.
  • 4.4 The Investigative Agencies declare and guarantee:
    1. to be in possession of all permits/ authorizations/ licenses required by law in force for the purposes of private investigation services;
    2. which will remain in the legal possession of all the permits/authorisations/licences in accordance with point (i) for the duration of the relationship governed by these Conditions;
    3. to hold its own autonomous organization of means and staff suitable to ensure the performance investigation services consistent with the highest industry standards;
    4. that information and promotional material relating to investigation services offered through FIDAVO are correct, truthful and exhaustive;
    5. that for carrying out the investigation services offered through FIDAVO will use only and exclusively Agents who are in possession of all permits/ authorizations/ licenses required by current legislation.
  • 4.5 The Investigative Agencies declare and expressly acknowledge that they are aware the circumstance for which FIDAVO LIMITED guarantees users/visitors of FIDAVO that the services of investigation offered through the same portal are carried out by Investigative Agencies of and, consequently, undertake to carry out the services of investigation offered through FIDAVO in line with the highest industry standards.
  • 4.6 The Investigation Agencies also declare and expressly acknowledge that the compliance/ fulfillment of the obligation under art. 4.5 assumes an essential importance also in the relationship with FIDAVO LIMITED to protect the right of image of the latter and/ or otherwise FIDAVO.
  • 4.7 The Investigative Agencies are obliged to keep completely unharmed and intact TRUSTED LIMITED with reference to any claim/demand/action that should be advanced/formulated by any third party with reference and/or as a result of the execution of the services investigation offered by the Investigative Agencies through FIDAVO, including complaints and claims/questions that relate to or are based on lack of correctness/truthfulness and/or exhaustive information/promotional material published by the Investigative Agencies on the same portal.
  • 4.8 The Investigative Agencies are obliged to inform FIDAVO LIMITED promptly on any and all circumstances that may prevent or even only make the execution more difficult the report referred to in these Conditions.

5. Duties of FIDAVO LIMITED

  • 5.1 FIDAVO LIMITED undertakes to provide the Investigative Agencies with any and all necessary and appropriate collaboration in order to allow the same Investigative Agencies access to FIDAVO under the terms and conditions and for the purposes set out in these Conditions.
  • 5.2 FIDAVO LIMITED also undertakes (i) to inform the Investigation Agencies in this regard about any technical issues that may impede or make more difficult access to FIDAVO and/or affect the proper functioning of the same portal and (ii) to resolve rapidly the same technical problems referred to in point (i).

6. Duration

  • 6.1 The relationship governed by these Conditions will have a duration of 1 (one) year from the date of acceptance of the Conditions by the Investigation Agencies.
  • 6.2 Any tacit renewal of the relationship governed by these Conditions that will cease therefore any effect between the Parties once the period of duration referred to in art.6.1 has elapsed.

7. Cancellation

  • Both FIDAVO LIMITED and the Investigative Agencies can withdraw early from relationship under these Conditions for any reason or reason by communication to be made in writing by registered mail to/r or by CEM to be sent/sent to the other party with 30 (thirty) days’ notice.

8. Disabling access to fidavo

  • 8.1 The Investigation Agencies declare and expressly acknowledge that they are aware of the the circumstance for which each user/visitor of FIDAVO is entitled to publish on same portal a review about the execution of the investigation services offered by individual investigation agencies through FIDAVO.
  • 8.2 The Investigation Agencies take note and expressly recognize the right to FIDAVO LIMITED to disable the Credentials and, therefore, the access of the same Investigative Agencies where they are published on the portal n. 2 (two) negative reviews with reference to the execution the investigation services offered and carried out by the Investigative Agencies through FIDAVO.
  • 8.3 FIDAVO LIMITED will promptly notify the Investigative Agencies of the disabling of the Credentials inviting the same Investigative Agencies to provide information/ clarification within and not later than 15 (fifteen) days after receipt of such communication.
  • 8.4 It remains understood and agreed that FIDAVO LIMITED, after 15 (fifteen) days from delivering of the indications/clarifications of the Investigative Agencies, will have however the right to withdraw immediately and without notice from the report referred to in these Conditions where he considers that the relationship of trust with Investigative Agencies, without prejudice to the right of FIDAVO LIMITED compensation for any and all damage suffered as a result of the conduct of the Investigative Agencies.

9. Express termination clause

  • 9.1 FIDAVO LIMITED may declare automatically terminated the relationship referred to in these Conditions pursuant to and for the purposes of art. 1456 c.c., by sending to this end a communication written by registered letter a/r or by PEC, in cases where the Investigative Agencies defaulted even for a single time to any of the obligations to his charge pursuant to art. 4.
  • 9.2 In any and all cases of legal resolution of the relationship referred to in these Conditions shall in any case be without prejudice to the right of FIDAVO LIMITED to compensation the damage suffered as a result of the failures of the Investigation Agencies.

10. Remuneration and economic conditions for the use of the portal

  • 10.1 As consideration for the use of access to FIDAVO Investigative Agencies are obliged to pay in favour of FIDAVO LIMITED of the fees indicated in the following plans/registration procedures:
    1. Piano Entry
      • free registration to the Portal for the duration of one year from the acceptance of these Conditions;
      • Fee (for the first year of subscription/registration to the Portal): 7% of the tax base indicated as amount in each contract that the Investigation Agencies have concluded with users/visitors of FIDAVO thanks to the activity of promoting investigative services the same Investigative Agencies on the platform;
      • Fee (from the second year and for subsequent years): 20% of the tax base indicated as consideration in each contract that the Investigative Agencies have concluded with FIDAVO users/visitors thanks to the activity to promote the investigative services carried out by the same Investigative Agencies on the platform.
    2. Piano Professional
      • payment of the fixed amount of € 500,00 as consideration for the annual registration on the Portal (hereafter “Membership Professional”);
      • Fee (for the first year of registration/registration on the Portal): 7% of the tax base indicated as consideration in each contract that the Investigative Agencies have concluded with FIDAVO users/visitors by promoting the investigative services carried out by the same Investigation Agencies on the platform;
      • Fee (from the second year and for subsequent years): 15% of the taxable amount indicated as fee in each contract that the Investigation Agencies have concluded with users/ visitors of FIDAVO thanks to the activity of promoting the investigative services carried out by same Investigative Agencies on the platform.
    3. Premium Plan
      • payment of the fixed amount of € 1,500.00 as a fee for registration to the Portal (below “Membership Premium”);
      • Fee (for all years of registration/registration on the Portal): 7% of the base taxable amount indicated as consideration in each contract that the Investigation Agencies have completed with FIDAVO users/visitors thanks to the promotion of investigative services carried out by the same Investigative Agencies on the platform.
  • 10.2 Please note that the plans/ registration methods referred to in art. 10.1 shall also include separate arrangements for using the Portal. In particular:
    1. Entry Plan
      • locations that Investigative Agencies can associate to their profile/account on FIDAVO: n. 1;
      • Investigators who can be associated/connected to the profile of the Investigative Agencies on FIDAVO: n. 3;
    2. Professional Plan
      • locations that Investigative Agencies can associate to their profile/account on FIDAVO: n. 2;
      • Investigators who can be associated/connected to the profile of Investigative Agencies on FIDAVO: n. 15
    3. Premium Plan
      • locations that Investigative Agencies can associate to their profile/account on FIDAVO: n. 5;
      • Investigators who can be associated/connected to the profile of Investigative Agencies on FIDAVO: n. 100
  • 10.3 The Investigative Agencies recognize and expressly take note of the fact that will be guaranteed greater visibility on the Portal (i) in the first place to the Investigative Agencies that have adhered to the Premium Plan (ii) in second measure to the Investigative Agencies that have joined the Professional Plan and (iii) following the Investigative Agencies that have joined the Entry Plan.
  • 10.4 Subject to the provisions of superior art. 10.3, the Investigative Agencies recognise and take note of the fact that greater visibility will be ensured on the Portal: (i) to Investigative Agencies that have the most positive reviews and (ii) Investigation Agencies whose offers/proposals are consistent/in line with the fees to carry out the investigation services normally offered on the Platform.
  • 10.5 Please note that with the first subscription/ registration to the Portal will be automatically applied to the Investigation Agencies the terms and conditions of the Entry Plan. It is in any case understood that at any time after the first subscription/ registration at the Portal the Investigative Agencies may choose to join the Professional Plan or the Premium Plan in the manner indicated in the appropriate section of the Portal.
  • 10.6 With reference to the payment of the Fees provided for by the separate plans/ methods of registration under Art. 10.1 is understood and agreed that by the end of each month the validity of the report referred to in these Conditions the Investigative Agencies shall transmit a trusted limited a report containing (i) the names of users/visitors of FIDAVO with whom the Investigative Agencies have concluded a contract for carrying out investigative services; (ii) the basis of assessment of the consideration indicated in each contract concluded with FIDAVO users/visitors; (iii) payment terms and conditions the consideration provided for in each contract concluded with users/visitors of FIDAVO and (iv) the status of the payment of the fees provided for in each contract concluded with FIDAVO users/visitors.
  • 10.7 the payment of Fee required in the separate plans/arrangements Art. 10.1 will be carried out by the Investigative Agencies no later than 30 days from the receipt of the corresponding and/or any deposit equivalent provided for in each contract concluded with users/visitors of FIDAVO in the event of the issue of the relevant invoice by FIDAVO LIMITED.

11. Applicable law and exclusive jurisdiction

  • 11.1 These Conditions and the relationship ruled by them are regulated by and governed by Italian Law.
  • 11.2 For all disputes that may arise in relation to these Conditions and the relationship governed by the same, including those relating to their validity, interpretation, execution and resolution, the Court of Milan shall have exclusive jurisdiction.

12. Final provisions

  • 12.1 FIDAVO LIMITED reserves the right to make changes to these Conditions deemed appropriate or necessary from time to time.
  • 12.2 With reference to D.Lgs. 196/2003 and ss.mm.ii. and EU Regulation 2016/679 (GDPR), as applicable, FIDAVO LIMITED and the Investigation Agencies declare that they have received the information on personal data and mutually authorize the processing of their data in order to comply with legal obligations as well as for the performance of obligations and the exercise of the rights deriving from these Terms and the relationship governed by them.
  • 12.3 I TRUSTED LIMITED and the Investigative Agencies are obliged to keep strictly confidential any information/document acquired in any way by virtue of the relationship governed by the present Conditions and not to disclose them, either directly or indirectly, without prior consent written by the other party. This obligation shall remain valid and effective throughout where the information/documents acquired under the contract will remain their confidential and confidential nature.
  • 12.4 The previous art. 12.3 does not apply if the information must be disclosed by law, by order of the competent judicial authority, at the request of a government authority or to assert a right. In the latter case, allowing it the law, I TRUSTED LIMITED and the Investigative agencies should inform each other promptly and should do everything in their power reasonably to obtain treatment confidential of such information.