Terms and Conditions

General

Set out below are the General Terms and Conditions of Undutchables-Connect B.V. The General Terms and Conditions have been filed with the Chamber of Commerce in Utrecht under number 94634645.

Article 1: Definitions

For the purposes of these General Terms and Conditions, the following definitions shall apply:

Platform: The online Platform U-Connect operated by Undutchables-Connect B.V. where selfemployed persons (Freelancers) and companies (Clients) can get in contact with each other.
Company: The company Undutchables-Connect B.V., having its registered office at Burgemeester Haspelslaan 21, 1181 NB, Amstelveen, registered in the Business Register under number 94634645.
Client: The natural person or legal entity who places an assignment via the Platform.
Freelancer: The natural person or legal entity who, as a self-employed person, accepts assignments via the Platform.
User: Both Clients and Freelancers who use the Platform.
Agreement: Any agreement concluded between users via the Platform.

Article 2: Applicability

1. These General Terms and Conditions shall apply to all services of the Platform and to all agreements concluded by Users through the Platform.

2. Derogations from these General Terms and Conditions shall be valid only if they have been agreed upon in writing.

Article 3: Role of the Platform

1. The Platform provides an online environment where supply and demand of assignments are brought together. The Platform acts as an intermediary and facilitates communication between Clients and Freelancers.

2. The Platform shall not be a party to the contract concluded between the Client and the Freelancer. Therefore, the Platform cannot be held liable for any disputes arising from this agreement.

Article 4: User registration

1. In order to be able to use the Platform, the User must create an account and fill in the requested information truthfully.

2. The user is obliged to keep the login details confidential. The Platform is not liable for misuse of login credentials. The Platform makes every effort to keep the online environment secure.

3. The Platform reserves the right to block or delete user accounts if misuse or unauthorised use is detected.

Article 5: Use of the Platform

1. The User shall behave in accordance with the law and shall not use the Platform for illegal or unauthorised activities.

2. The Platform reserves the right to remove posted content if it is contrary to the law, morality, or these General Terms and Conditions.

3. The Platform cannot guarantee that the use of the Platform will be uninterrupted or error-free at all times.

Article 6: Intellectual Property Rights

1. All intellectual property rights relating to the Platform and the content are vested in the Company or its licensors.

2. Users are granted a limited, non-exclusive, non-transferable right to use the Platform to post and find freelance assignments.

Article 7: Payment and Compensation

1. The use of the Platform may be subject to charges. The rates and terms of payment are set out on the Platform website and in these General Terms and Conditions.

2. Payments between Clients and Freelancers shall be made outside the Platform, unless otherwise agreed. The Platform is not responsible for the payment provided by the Client to the Freelancer for his/ her rendered services.

3. The Client must pay the invoices submitted by the Company within thirty days of the invoice date, without any suspension, discount, or setoff. If an invoice is not paid within this period, the Client will, without notice of default, be in default by operation of law, and will owe interest at the rate of 8% per annum, whereby part of a month will be counted as a full month.

4. All costs incurred by the Company in order to obtain payment, such as (extra)judicial costs, including (but not limited to) the cost of legal assistance, shall be borne in full by the Client. The extrajudicial costs are calculated in accordance with the Decree on extrajudicial collection costs (Besluit vergoeding buitengerechtelijke incassokosten - BIK).

5. The copy in the possession of the Company of the invoice sent by the Company is regarded as full proof of the chargeability of the relevant invoice amount, as well as the interest and the date on which the calculation of interest begins.

6. Complaints regarding an invoice must be submitted in writing to the Company within ten days of the invoice date, after this period the Client's right of complaint lapses. The burden of proof regarding the timely submission of the complaint rests with the Client.

Article 8: Invoicing

1. Invoicing to the Client shall take place at the time that the Client and Freelancer have reached an agreement to cooperate on an assignment.

2. The Company’s fee comprises 10% of the hourly rate agreed between the Client and the Freelancer, excluding VAT, multiplied by the intended term, which is expressed in hours to be worked, excluding VAT.

3. The fee shall be payable at the commencement of the assignment between the Client and Freelancer.

4. The Client and Freelancer are obliged to inform the Company immediately should they choose to continue the assignment after completion of the initially agreed upon term and hours.

5. If the assignment between the Client and Freelancer continues within 1 year after completion of the intended term and hours agreed upon at the start of the assignment, both the Client and the Freelancer are obliged to report this to the Company. The Company will charge 75% of the regular fee that would normally be charged when an initial assignment is agreed upon between the Client and Freelancer, based on the new term and hours agreed upon by the Client and Freelancer.

Article 9: Restitution

If the assignment between the Client and Freelancer ceases before 25% of the intended term and hours determined at the start of the assignment are completed, the Client is entitled to a refund of up to 50% of the charged rate. If the assignment ends after 25% but before 50% of the intended term and hours determined at the start of the assignment are completed, the Client is entitled to a refund of a maximum of 25% of the charged rate. After the completion of more than 50% of the intended term and hours determined at the start of the assignment, no refund will be made.

Article 10: Compliance with the DBA Act

The Company shall make every effort to provide advice, where necessary, to both the Client and the Freelancer on how to comply with the DBA Act as accurately as possible, in order to reduce the risk of false self-employment being retrospectively assessed by the enforcement authority. Information is available for review on the Platform.

Article 11: Liability

1. The Platform shall not be liable for any damage resulting from the use of the Platform, unless such damage is caused intentionally or by gross negligence on the part of the Platform.

2. The Platform shall not be liable for the content of the contracts or the quality of the services provided by the Freelancer.

3. Users shall indemnify the Platform against all claims by third parties in connection with the fulfillment of an agreement between the Client and the Freelancer.

Article 12: Indemnification

The Client and the Freelancer indemnify the Company against all claims by third parties in connection with the services provided by the Freelancer and the Platform.

Article 13: Privacy

1. The Platform processes personal data in accordance with the General Data Protection Regulation (GDPR). Please refer to our privacy policy.

2. Users consent to the processing of their personal data to the extent necessary for the use of the Platform.

Article 14: Modifications and Termination

1. The Platform reserves the right to amend these General Terms and Conditions. Changes will be announced at least 30 days in advance via the Platform.

2. Users have the right to terminate their account if they do not agree to the changes.

Article 15: Applicable law and disputes

1. These General Terms and Conditions shall be governed by Dutch law.

2. Any disputes arising out of or in connection with these General Terms and Conditions shall be submitted in the first instance to the competent court in the District in which the Company has its registered office.