Woendekien is registered in the Dutch trade register under number 81469993.

 

By registering, accessing or using the Platform, you agree to be bound by these Terms, as may be amended by us from time to time. If you do not agree to these Terms, you must not click ‘agree’ and you must stop using the Platform immediately.

 

Where you enter into these Terms on behalf of a company or other legal entity (whether incorporated or not), you warrant to us that you have the right to bind such company or entity to these Terms. Unless Woendekien has been informed otherwise, Woendekien is entitled to treat your acceptance of these Terms as your company’s acceptance of these Terms.

 

These Terms incorporate our Privacy Policy, and any other documents referenced, each of which you also agree to be bound by when you access or use the Platform.

 

The Platform is only made available for use by persons who are acting in the course of a business.  If you are a consumer, you are not eligible to use the Platform and you should not use the Platform.  Any Freelancer using the Platform acknowledges and agrees that they are self-employed and not an employee or worker.

 

1. Definitions

 

These Terms of Use use the following definitions, both singular and plural:

 

1.1 Gig – ​​The task as described in the description posted on the Woendekien Website.

1.2 Client – ​​Means any legal entity or individual, using the Platform for strictly business purposes, that registers as a ‘Client’ with a view to booking a Freelancer to complete a Gig;

1.3 Freelancer – The natural person or sole proprietorship who makes himself available through the platform to carry out work on behalf of a Client. The Freelancer will carry out the work under an Gig agreement;

1.4 Agreement – ​​The Gig agreement within the meaning of Article 7:400 of the Dutch Civil Code on the basis of which the Freelancers carries out the Gig for the Client;

1.5 Woendekien – Woendekien is an interactive platform. This platform facilitates a place where Clients can place Gigs and where Freelancers can respond. Freelancers determine whether they respond to a Gig and negotiate the conditions on the basis of which they are willing to execute the Gig. Woendekien is therefore not involved in the Client's choice of Freelancers and/or the (execution of the) Gig. The Agreement is entered into by and between the Freelancer and the Client and Woendekien is not a party to this;

1.6 Website – https://woendekien.com/ and everything affiliated with it.

 

2. General

2.1 Woendekien facilitates:

• a platform on which gigs can be placed;
• a platform on which gigs can be acquired;
• model agreements (including an gig agreement between the Freelancer and the Client);
• invoicing on behalf of Freelancers; and payments.

2.2 These Terms of Use apply to all collaborations and/or agreements between the Client, Freelancer and/or Woendekien. The applicability of any general terms and conditions of the Client and/or Freelancers is expressly rejected.

2.3 Deviations from the Terms of Use are only valid if they have been expressly agreed in writing or by e-mail between Woendekien and the Freelancer/Client.

2.4 Woendekien hereby grants the Freelancer/Client the right to use its platform.

2.5 Woendekien is not responsible for any content posted on the platform or on its Website. Woendekien naturally takes measures to ensure the accuracy, validity and completeness of information.

 

3. Obligations of the Freelancer and the Client

3.1 The Freelancers and the Client may agree that the Freelancers will provide the following information to the Client:

• extract from the Commercial Register;
• VAT registration number;
• copies of all (professional) diplomas, certificates and certificates required for the execution of the Gig;
• statement of conduct;
• verification that work is permitted in the Netherlands.

3.2 The Freelancers will exercise the care of a good Freelancer when carrying out the work in the context of the Gig. The Freelancer guarantees that the work to be performed will be carried out in a professional manner and that the results will meet the agreed specifications. The Freelancer will also comply with all applicable laws and regulations during the Gig. The Freelancer guarantees that it is qualified, authorized and competent to carry out the Gig during the term of the Gig.

3.3 The Freelancer declares that it is in possession of - and guarantees that any third party engaged by it is in possession of - adequate business and professional liability insurance for the Gig to be carried out.

3.4 If the Client wishes to enter into a Gig agreement with a Freelancer who is active on the Website and has been found by the Client via the Website, the Client will contract the Freelancer via Woendekien. If the Client does not comply with this obligation, the Client will owe Woendekien an immediately payable fine of EUR 5,000.

 

4. Registration

4.1 You can become a Client if you have registered with Woendekien as a Client on the Woendekien Employer platform. If a Client wishes to register as such on the Woendekien platform, the Client must have:

a registration with the Chamber of Commerce; contact/billing details; a bank account number; and a website.

 

5. Invoicing and payment of the Gig

5.1 Woendekien offers as a service that it acts as a cashier for the Client and Freelancer. Woendekien invoices on behalf of the Freelancer and the Freelancers invoice is paid by Woendekien.

5.2 The Freelancer hereby irrevocably authorizes Woendekien to send invoices relating to the Gig to the Client and to receive payments from the Client on behalf of the Freelancer.

5.3 If the Freelancer, whether intentionally or not, declares a higher amount than the Freelancer is entitled to in connection with work carried out for the Client, the excess payment can be immediately reclaimed as an undue payment by the Client. Woendekien can always choose to settle the amount owed by the Freelancer with what Woendekien owes to the Freelancer.

5.4 Woendekien will invoice the Client on behalf of the Freelancer. The Client then transfers the Freelancer's compensation to Woendekien and Woendekien pays the Freelancer on behalf of the Client (reversed billing).

5.5 Payment by the Client to Woendekien releases the Client from its payment obligation towards the Freelancer. Woendekien is furthermore in no way responsible for the payment by the Client to the Contractor. The debtor risk always lies with the Freelancer.

5.6 The Client will always make payment of the invoices within the agreed payment term after the invoice date.

5.7 All costs of collection of outstanding invoices shall be borne entirely by Client. Compensation for extrajudicial costs will be set at a minimum of 15% of the principal sum due, excluding interest, with a minimum of € 250 (two hundred and fifty euros) per claim. Such compensation shall always be charged and payable by Client as soon as legal assistance is called in by Woendekien or by the third party entitled to receive payment, or the claim has been handed over for collection by Woendekien or that third party respectively, without any further proof being required. If the actual costs exceed 15%, Woendekien or the third party shall be entitled to charge such actual costs.

 

6. Compensation and registration

6.1 The Freelancer ensures that Woendekien can invoice the Client on behalf of the Freelancer in a timely manner by entering the hours on the Woendekien platform within seven days after the end of the work. If hours are not entered correctly by the Freelancer, the Client can make a counter offer. The Freelancer has four weeks to confirm this counter offer. If confirmation is not received within the set period, the Freelancer tacitly agrees to the number of hours and this will be automatically approved.

6.2 If the Freelancer believes it is entitled to a claim of 50% due to cancellation of the Gig, the Freelancer must indicate this claim via the platform. The Client must assess this claim within 7 days, otherwise it will be automatically approved via the system.

6.3 If the Client is in default, all claims of the Freelancer against the Client are immediately and fully due and payable, without prejudice to the Freelancer's other rights. Furthermore, in that case the Freelancer has the right to suspend its services, without being liable for any damage resulting therefrom.

6.4 The Client will confirm the number of hours worked by a Freelancer via the platform within 7 days. If confirmation is not received within the stated period, the Client is deemed to have agreed to the number of hours.

6.5 For the performance of the work, the Freelancer receives an hourly fee, excluding VAT and other levies imposed by the government. The hourly fee includes travel costs, accommodation costs, any material costs and other expenses. These costs and the time associated with these costs (such as travel time) are therefore not reimbursed separately.

 

7. Tools

7.1 The Freelancer has all the tools required to carry out the work. If resources are made available by the Client, the Freelancer will owe the Client a fee to be determined in advance in consultation. The conditions for the use of the aids and the compensation for their use are recorded in writing. Agreements are also made about the payment of this compensation and the applicable payment term.

 

8. Liability

8.1 With its platform, Woendekien only facilitates the possibility for Clients to place an Order and offers a cashier service when paying the fee to the Freelancer. It does not interfere with the Client's choice of Freelancer. It is up to the Client and the Freelancer to make agreements under which conditions they will enter into the Gig (the job). Woendekien is therefore not involved in entering into and carrying out the Gig (the job). Woendekien is not a party to the conclusion or compliance with the Gig.

8.2 Woendekien is not liable for damage relating to or arising from (the execution of) the Gig.

8.3 Woendekien is not responsible for:

• filing income tax returns by Freelancers;
• filing sales tax returns by Freelancers;
• payments between the Client and the Freelancer under the Agreement;
• checking the identity of Contractors as referred to in the Compulsory Identification Act and the Foreign Nationals Employment Act;
• compliance in any way with the Agreement concluded between the Client and the Freelancer.

8.5 Any possible liability of Woendekien is limited to €1000 per event and €5000 per year. Indirect damage and consequential damage are expressly excluded.

8.6 The Client will compensate the Freelancer for any damage it suffers:

A. as a result of the realisation, which cannot be attributed to him, of a special danger connected with the Gig, unless this is a result of the Freelancer's wilful intent or deliberate recklessness; and

B. during the performance of his work, unless the Client has complied with the obligations referred to in Section 7:658(1) of the Dutch Civil Code (even if the Client does not qualify as an employer) or the damage is the result of the Freelancer's intent or deliberate recklessness.

8.7 The Freelancer will compensate the Client for any damage suffered as a result of the performance of the work for which the Freelancer has been hired, up to a maximum of the amount to be paid by the insurer to the Freelancer.

8.8 The Client will compensate a third party for any damage it suffers:

A. as a result of the performance of the Freelancer's work; and

B. is not (fully) reimbursed by the Freelancer's insurer.

8.9 The Client is not obliged to compensate damage suffered by a third party to the extent that the Client would not be obliged to do so under the law. In addition, the Client will not compensate damage suffered by a third party insofar as this is the result of intent and deliberate recklessness on the part of the Freelancer.

 

9. Insurance

9.1 The Client and the Freelancer will take out sufficient insurance against liability as a result of the execution of this Agreement. This in any case means that the Freelancer is at least standard insured for Liability and Accidents per Assignment.

 

10. No show by contractor

10.1 If the Freelancer cancels the assignment or does not show up for the assignment while the cancellation period has expired and no replacement has been arranged, this will count as a 'no show'.

10.2 A 'no show' by the Freelancer has the following consequences for the Freelancer:

1st no show - Official warning
2nd no show - 2 weeks of not being able to respond to Gigs on the Woendekien platform
3rd no show - 1 month of not being able to respond to Gigs on the Woendekien platform
Further no shows - 3 months of not being able to respond to Gigs on the Woendekien platform

10.3 In the event that a consequence is imposed on a Freelancer due to 'no show' as included in Article 10.2 of these Terms of Use, this Freelancer must fulfil the Gigs for which this Freelancer was already selected by the Client before the consequence was imposed on the Freelancer.

10.4 If the Client or Freelancer is of the opinion that a 'no show' has been wrongly reported, a request for removal of this 'no show' report must be submitted to Woendekien within two weeks. If this request is made later than two weeks after the 'no show' report, this request will not be processed and the 'no show' report can no longer be removed.

 

11. Termination of registration

11.1 The Freelancer and Client have the right to terminate their registration with Woendekien at any time, without giving any reason and without the Freelancer or Client being liable for damage resulting from this termination.

11.2 Woendekien only has the right to terminate the registration of the Freelancer and/or Client if there is a valid reason, which in any case includes, but is not limited to:

• fraud;
• inactivity of the Freelancer and/or Client; and
• to guarantee the quality of the Website.

 

12. Maintenance

12.1 Woendekien is entitled to (temporarily) put the Website out of use or limit it if this is necessary for the maintenance or adjustment of the Website, without this giving rise to any right to compensation against Woendekien.

 

13. Ratings/References

13.1 After the Gig, the Client may add a rating/reference to the profile of the Freelancer by whom the Client has had certain work carried out. The information requested there is provided by the Client in the rating/reference.

13.2 A reference must be added by the Freelancer and must relate to the Freelancer who carried out the Gig.

13.3 The Client guarantees that the information provided in the reference is in good faith and truthful and indemnifies Woendekien against any claim from a third party in this regard.

13.4 A reference shall under no circumstances contain:

• defamatory, vulgar, obscene or racist language;
• personal data regarding the Freelancer;
• links and/or scripts;

 

14. Replacement and no-show

14.1 If the Freelancer is unable to carry out the Gig itself due to unforeseen circumstances, the Freelancer is free to be replaced by someone else eligible for the work, whether or not via the Website. The Freelancer grants that the other person is authorized to work in the Netherlands and, where appropriate, must also demonstrate this through the appropriate processes on the Website. Except for the situation in which there is a replacement as described above, the Freelancer is not permitted to use the Website to enter into Gigs for others.

14.2 If the Freelancer cancels a Gig without taking into account the agreements agreed with the Client with regard to cancellation and furthermore does not provide suitable and timely replacement, the 'no-show rate' on his/her profile will be increased. This 'no-show' is visible on the Website to all possible future Clients.

14.3 In the event of a no-show as described in article 14.2 of these Terms of Use, the Client is free to give an official notification. This notification can be given up to a maximum of 4 weeks (28 days) after the start date of the Gig.

 

15. Intellectual Property

15.1 The Freelancer remains the owner of all content and information that the Freelancer posts on Woendekien. For content subject to intellectual property rights, the Freelancer grants a non-exclusive, transferable, royalty-free, worldwide license to use all IP content that the Freelancer posts on YoungOnes (IP License). This IP license ends when the Contractor deletes IP content or account.

 

16. Account

16.1 In order to use the Woendekien Services, an account must be created in the manner described on the Website, stating the requested information.

16.2 A password will be provided to the Freelancer for the account. The password is strictly personal and the Freelancer does not allow third parties to use it. The Freelancer is liable for any use made of his account and indemnifies Woendekien against any claim from third parties regarding damage or otherwise, arising in any way from the use of the Service made through his account.

16.3 Woendekien is entitled to change the password if this is necessary in the interest of the functioning of the Service.

 

17. Force majeure

17.1 If, as a result of force majeure, performance by Woendekien is not possible or is not possible without shortcoming, Woendekien is not obliged to fulfill any obligation, and not liable for any compensation.

17.2 Force majeure is in any case, but not limited to: strikes, illness of staff, business interruption, government measures, traffic disruptions, non-attributable shortcomings of suppliers and/or other third parties used by Woendekien, epidemics and pandemics (whether declared or not). , war situations, natural disasters and power failures.

 

18. References

17.1 The Website contains references (for example by means of a hyperlink, banner or button) to the Websites of third parties. Woendekien has no control over these Websites and is not responsible for their content and/or policies, including the privacy policy.

 

19. Security

18.1 The Website contains references (for example by means of a hyperlink, banner or button) to the Websites of third parties. Woendekien has no control over these Websites and is not responsible for their content and/or policies, including the privacy policy.

 

20. Equality, inclusion, diversity and anti-discrimination

20.1 YoungOnes is committed not to discriminate against users of the Website on the basis of race, religion, national origin, social background, disability, sexual orientation, marital status, age or any other characteristic protected by the associated legislation. Woendekien strictly prohibits discrimination against users based on the categories listed above, including in personal interactions, reviews, ratings, and the provision and acceptance of services.

20.2 Any party that violates this policy will lose access to the Website.

20.3 Any freelancer or user who has experienced discrimination or any form of inappropriate behavior when using the platform or carrying out Gigs can contact Woendekien via info@woendekien.com.

20.4 Woendekien works wherever possible to ensure that the design, operation and management of the Website does not contribute to discriminatory results. Feedback on this can be provided via info@woendekien.com. Woendekien will respond to feedback received as quickly as possible.

 

21. Governing Law and Choice of Forum

21.1 These Terms of Use are governed by Dutch law.

21.2 All disputes arising from these Terms of Use will be submitted exclusively to the competent court in the Netherlands.

 

Privacy

• Woendekien observes due care in handling your data!

 

Changes to the general terms and conditions

• Woendekien may, at any time, modify these General Terms and Conditions. Changes to the General Terms and Conditions will only be effective if the changed version has been published on the website of Woendekien. We expect you to consult the most recent version of the General Terms and Conditions when using the platform and/or website.