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1. Definitions

• 1.1 4Hevy - 4Hevy OÜ (registry code 16115082, address Rüütli 11, 10130, Tallinn, Republic of Estonia) and 4Hevy Oy (registry code 2842668-7, address Kahvitie 45, 67600, Kokkola, Republic of Finland).
• 1.2 Carrier - Transport company providing services represented by the registered user.
• 1.3 Shipper - Freight provider for sourcing transport for their cargo represented by the registered user.
• 1.4 Database - The 4Hevy database at www.4hevy.com, which contains internal job offers for Carriers and price inquiries from Shippers and other related information.
• 1.5 User - Legal person who has accepted the Terms and Conditions, has registered itself in the Database and created the User Account.
• 1.6 User Data - all data relating to the User entered into the Database by the User, including data entered in the Registration Form, data entered in the Database as an offer or a request and other data on the User processed by 4Hevy.
• 1.7 Terms and Conditions - the current terms and conditions of use of the 4Hevy Database for registered users.
• 1.8 Data Recipient - a legal entity that uses the Database, including for searching for and selecting of subcontractors for itself or for its clients, or other services provided by 4Hevy through the Portal, and to whom 4Hevy provides or allows access to the User Data of the User in accordance with the Terms and Conditions for this purpose.
• 1.9 Parties - 4Hevy and User.
• 1.10 Services - All 4Hevy services described in the About page sections on https://4hevy.com.
• 1.11 Access data - the username and password chosen by the User upon registration as a User or later changed by the User in the Database.
• 1.12 Portal - The environment created by 4Hevy for providing services related to the provision of job offers for Carriers and price requests for Shippers at www.4hevy.com and app.4hevy.com and driver.4hevy.com.

2. User rights and obligations

• 2.1 After completing the registration form and accepting the Terms and Conditions, the User shall have access to the Database through the Access Data for the use of the Services.
• 2.2 The User undertakes to keep the Access Data confidential and not to disclose it to any other person. The User is fully responsible for the use of the Access Data
• 2.3 The User is required to enter only the correct and accurate User Data into the Database.
• 2.4 All rights to the Database belong to 4Hevy. The User does not acquire any rights to the Database or its parts when using the Database and Services. The User may use the information contained in the Database to make contact in good faith through the contact details provided in the inside price requests and offers. The User has no right to make other extracts or copies of the Database or parts thereof, or otherwise use the Database, or to damage or interfere with the operation of the Database. The User shall not acquire a copyright to the software required to maintain the Database in any way (including for the purpose of using the Service).
• 2.5 The User has the right to supplement, correct and replace the User Data entered into the Database and decide on their availability to the recipients of Data (the right to change the status of the User Data, i.e., to make them active, passive or block them).
• 2.6 In order to delete a User Account, the User must send a request to this effect via e-mail to info@4Hevy.com. 4Hevy will delete the user account within 3 working days of receiving the respective request from the User.

3. Rights and obligations of 4Hevy

• 3.1 By agreeing to the Terms and Conditions by the User, the User gives consent to 4Hevy at www.4Hevy.com for the use of cookies for the purpose of personalising the Service and contributing to providing the User with a better Service.
• 3.2 4Hevy allows the User to use the Services as specified in the Terms and Conditions and the Portal as of the User's registration on the Portal.
• 3.3 4Hevy shall process the User Data on the basis of the Terms and Conditions as well as the contract concluded between the User and 4Hevy to fulfil them and to the extent provided for therein. Processing of certain User Data, in accordance with the Service provided, also takes place for the purpose of fulfilling obligations under the 4Hevy, for example to the extent provided by the Accounting Act.
• 3.4 4Hevy points out that submission of User Data is an obligation arising from the Terms and Conditions, and failure to submit them or requesting termination or limitation of their processing may render 4Hevy unable to provide the Services to the User in accordance with the Terms and Conditions. In the event that the User submits such a claim in relation to the processing of its User Data, 4Hevy shall have the right to terminate the provision of the Services to the User and to delete the User Account together with all related data. In this case, the User may also request the deletion of its user account and all related information from the 4Hevy.
• 3.5 4Hevy processes (including collects, stores, saves, organizes, distributes, connects, uses, deletes, makes available to recipients of the Data, etc.) the User Data submitted by the User upon registration on the Portal and entered into the Database for the purpose of providing the Services to the User, as well as when it is required for performance of the statutory obligations of 4Hevy or to protect the legitimate interests of 4Hevy.
• 3.6 4Hevy will not transmit User Data to third parties except:
• 3.6.1 to the recipients of the data in order to execute the contracts entered into with them or to ensure their performance;
• 3.6.2 to third party service providers used by 4Hevy to provide services and ensure providing Services to the User.
• 3.7 The persons referred to in section 3.6 are authorized processors of User Data.
• 3.8 If 4Hevy has reason to believe that User Data of the User entered into the Database is incorrect or erroneous, 4Hevy shall have the right to delete the entered data from the Database.
• 3.9 4Hevy is not an authorized representative or agent of the Data provider, the data entry clerk of the offers/advertisements/inquiries, therefore 4Hevy shall not be liable for any damage that may be caused to the User through searching for a job through the Portal, making price offers or during further cooperation with third parties related to the Portal. The User enters into the pre-contractual negotiations with third parties associated with the Portal and concludes agreements/contracts independently with 4Hevy and 4Hevy is not responsible for the fulfilment of the promises, agreements or terms and conditions of the contract provided by the recipient of the Data/Third Parties associated with the Portal.
• 3.10 4Hevy does not guarantee to the User finding of a client/partner/ subcontractor through the Portal.
• 3.11 4Hevy shall not be liable for the unauthorised use of User Data of the User made available to the recipient of the Data, as well as for the confidentiality of such data, if confidentiality must be ensured by the recipient of the Data.
• 3.12 4Hevy has the right to notify the User of the services, capabilities, and news of itself and its business partners at the e-mail address entered upon registration of the Portal.
• 3.13 4Hevy has the right to notify the User by e-mail about new job offers and price inquiries.
• 3.14 4Hevy has the right to place the Database, including the User Data contained therein, on a server located abroad. In this case, 4Hevy remains the data controller.
• 3.15 4Hevy maintains User Data throughout the period of provision of the Services and until User Account of the User has not been deleted in accordance with Section 2.6.
• 3.16 In addition to the provisions of paragraph 3.15, 4Hevy reserves the right to retain User Data for a period of time after the closure of the User Account, which is justified for the purpose of protecting the rights arising from the Terms and Conditions of 4Hevy or law or other directly applicable law, in particular during expiry period for any claims.
• 3.17 4Hevy has the right to change the structure of the Database procedures and the menu without warning the User.
• 3.18 4Hevy has the right to unilaterally change the Terms and Conditions by notifying of changes and making new terms and conditions available on www.4Hevy at least 5 days before the changes take effect. The changes will not apply retroactively to the Services ordered by the User prior to their entry into force.

4. Liability of the contracting parties

4.1 Payment, prices and invoicing for Shipper

• 4.1.1 4Hevy fees are presented at https://4hevy.com/pricelist
• 4.1.2 4Hevy will send the Shipper an invoice by e-mail after the transport has been carried out.
• 4.1.3 Invoices from 4Hevy are due for payment 14 days after the invoice has been issued (invoice date). 4Hevy does not grant any price reductions (discounts or rebates) on the invoice amount, unless the parties have agreed otherwise in writing

4.2 Payment, prices and invoicing for Carrier

• 4.2.1 4Hevy fees are presented at https://4hevy.com/pricelist
• 4.2.2 4Hevy default Carrier fee is calculated automatically on each insert of an offer and shown prior confirmation as “Offered price”, “4Hevy Carrier fee” and “billable amount”.
• 4.2.3 Completed orders - orders are considered complete only after:
• 4.2.3.1 driver has uploaded pictures made on loading and unloading
• 4.2.3.2 receiving scanned/picture of a properly signed CMR or waybill
• 4.2.4 4Hevy will send the Carrier a self-billing report by e-mail once a week on Monday for the previous calendar weeks completed orders.
• 4.2.5 4Hevy will make the payment 21 days after the self-billing report has been issued (report date). 4Hevy does not grant any price addons on the reported amount, unless the parties have agreed otherwise in writing.

5. Refunds and cancellations

• 5.1 Cancellation policies and compensations for the Shipper.
• 5.1.1 The Shipper may cancel (terminate) an order at any time without stating any reasons.
• 5.1.2 A notification to 4Hevy in text form is sufficient for a cancellation.
• 5.1.3 Shipper has cancelled more than 3 orders 4Hevy reserves the right to suspend Shippers company and all its users accounts for up to one month.
• 5.1.4 If Shipper cancels his/her order:
• 5.1.4.1 More than 48 hours before the agreed loading time, the cancelling is free
• 5.1.4.2 24-48 hours before the loading time, the Shipper shall be charged a flat rate of one third (33%) of the accepted price offered
• 5.1.4.3 Within 24 hours to 8 hours before the agreed loading time, the Shipper will be charged a flat rate of 50% of the accepted price offered
• 5.1.4.4 Within 8 hours before the agreed loading time or if loading does not take place at the collection address, the Shipper will be charged 100 % of the accepted price offered as loss
• 5.2 Cancellation policies and compensations for the Carrier
• 5.2.1 Carrier has the obligation to carry out all orders in the given time frame. Cancelation is allowed only in cases when the Carrier has proven that he/she has done everything in his/her power to provide the service as ordered.
• 5.2.2 The Carrier may cancel (terminate) an order at any time stating sufficient reasons for doing so. A notification to 4Hevy in text form is sufficient for a cancellation.
• 5.2.3 If Carrier has declined more than 3 orders 4Hevy reserves the right to suspend Carrier company and all its users accounts fo one month
• 5.2.4 If Carrier declines from the order:
• 5.2.4.1 More than 48 hours before the agreed loading time, the cancelling is free
• 5.2.4.2 24-48 hours before the agreed loading time, the Carrier shall be charged a flat rate of one third (33%) of the price offered
• 5.2.4.3 Within 24 hours to 8 hours before the agreed loading time, the Carrier will be charged a flat rate of 50% of the price offered.
• 5.2.4.4 Within 8 hours before the agreed loading time the Carrier will be charged 100 % of the price offered as loss

6. Final provisions

• 6.1 If the Terms and Conditions provide for notification of 4Hevy by e-mail, the User shall send such notifications to info@4Hevy.com
• 6.2 If the Terms and Conditions provide for notification of TransConnector by telephone, the User shall transmit such notifications to the number +358 40 5676 720.

The Parties shall endeavour to settle all disputes and disagreements arising in the course of their duties by negotiation. If the agreement is not reached, the dispute shall be settled in accordance with the legislation of the Republic of Finland.