1. General Provisions and Definitions
1.1. Purpose
The purpose of this document is to define the conditions of access and use of the digital platform Mister-Servicios, accessible through www.mister-servicios.com. This platform is an intermediation service designed to connect Clients (Individuals) who express a need for service, with Providers (Professionals) who offer to respond to that need.
1.2. Identity of the Editor
The platform is edited by [Full Company Name], with registered office located at Calle 18 Avenida 35, 77710 Playa del Carmen, Quintana Roo, Mexico.
1.3. Definitions
- Platform or Mister-Servicios: Designates the digital intermediation company and its website (www.mister-servicios.com).
- Client (or Individual): Any natural person who uses the Platform for private purposes to send a Request for service.
- Provider (or Professional): Any user who has registered and acts in a professional capacity to offer a service in response to a Request.
- Request: Detailed service requisition issued by a Client through the Platform.
- Contact Cost: Financial amount owed by the Provider to the Platform to obtain access to the Site Chat and communicate with the Client.
- Site Chat: Internal messaging tool of the Platform that allows communication between the Provider and the Client after making the payment of the Contact Cost.
1.4. Acceptance of the Conditions
The use of the Platform implies full and unreserved acceptance of these GTC/GCS. In case of disagreement, the user must immediately cease any use of the service.
2. Operation of Intermediation and Economic Model
2.1. Intermediation Process
- Request: The Client sends a service Request describing their need.
- Notification: Mister-Servicios transmits the Request to the Providers that can offer the service.
- Paid Acceptance: If the Provider wishes to contact the Client to negotiate the service, they must accept the Request and pay the Contact Cost required by the Platform.
- Chat Access: Payment of the Contact Cost unlocks access to the Site Chat, allowing direct communication between the Provider and the Client.
2.2. Nature of the Contact Cost
- The Contact Cost remunerates Mister-Servicios for the intermediation service, that is, for the opportunity to establish communication with a Client.
- The amount of the Contact Cost is clearly indicated to the Provider before accepting the Request.
2.3. Absence of Guarantee and No Refund
- The payment of the Contact Cost does not guarantee under any circumstances the celebration of the service contract between the Provider and the Client.
- The Contact Cost is due to the Platform from its payment and is not refundable, even if the Provider fails to finalize the contract or if the Client cancels or does not follow up on the conversation. The Provider accepts this commercial risk inherent in the purchase of the contact opportunity.
3. Status of Mister-Servicios and Disclaimer Clause
3.1. Limited Role of the Platform (Pure Intermediation)
Mister-Servicios is a digital intermediation platform. The Platform is not an employer, agent, or legal representative of the Providers.
MISTER-SERVICIOS IS NOT PART OF THE FINAL CONTRACT for the provision of service entered into between the Provider and the Client.
3.2. Exclusion of Liability (LFPC – Consumers)
The Provider and the Client acknowledge and accept that Mister-Servicios will not be responsible for:
- The quality, suitability, reliability, safety, execution or price of the service agreed between the Provider and the Client.
- The direct or indirect damages (including personal injury or property damage) caused by the Provider during the execution of the service.
- The veracity or legality of the qualifications, licenses or professional insurance of the Provider.
- Any dispute arising from the execution or payment of the service.
In case of controversy, the Provider and the Client are solely responsible for seeking a solution, and the Platform may only facilitate the communication data that is retained.
4. Obligations of the Parties
4.1. Obligations of the Provider (Professionals)
The Provider guarantees:
- Being legally constituted and complying with all Mexican tax and labor laws (especially before the SAT).
- Having all the necessary insurance, licenses and permits for the exercise of their activity.
- Prohibition of Circumvention (Anti-Evasion): Not to use the Site Chat, or any other information obtained through the Platform, to propose or accept to perform the service outside the Platform in order to evade the Contact Cost or any future commission of the Platform.
4.2. Obligations of the Client (Individuals)
The Client agrees to provide accurate Request information and to use the Platform respecting the laws and the GTC/GCS.
4.3. Use of the Site Chat
The Site Chat should be used exclusively for negotiating the Request. Any abusive, fraudulent, or illegal language, or any attempt to circumvent the transaction is strictly prohibited and may result in the immediate suspension of the user’s account.
5. Dispute Resolution and Applicable Law
5.1. Applicable Law and Competent Jurisdiction
These GTC/GCS are governed by Mexican legislation.
In case of controversy between the Platform and a user, the parties agree to submit to the competent jurisdiction in the city of Playa del Carmen, Quintana Roo, Mexico, without prejudice to the right of the Consumer (Client) to resort to arbitration before the Federal Consumer Protection Agency (PROFECO).
5.2. Complaints (Clients/Individuals)
In accordance with the LFPC, the Client may direct their complaints related to the use of the Platform (excluding disputes over the provision of the service) through the email contact@misterservicios.com.
