Definitions
Bubty – Bubty B.V.
Platform – An online infrastructure developed by Bubty that aims to establish interactions between different users.
Website – Bubty's website located at www.bubty.com
User – A natural person – in a personal capacity or as a representative of a legal person or company – who uses the website and the Platform.
Freelancer: a natural person who participates in employment law as a self-employed person.
Customer: a buyer of goods and/or services from Bubty
Consumer: a Customer who is also an individual and who is not acting in the exercise of a profession or business.
Applicability
The following terms and conditions apply to your access and use of the Bubty platform, including all content, functionalities and services provided to you through the platform and all quotations, offers, work, orders, agreements, deliveries of services or products , email notifications, notifications.
We therefore ask you to carefully read the following terms and conditions before using the website and the platform.
Bubty is the trade name of Bubty B.V. (hereinafter: Bubty) with its registered office at Spaarneplein 2, 2515VK The Hague. Bubty offers through a platform services to manage work and administration of projects by automating payments to freelancers (hereinafter: the Platform).
These general terms and conditions and Dutch law apply to every agreement that Bubty concludes. The Dutch court in the district where Bubty is established has exclusive jurisdiction in the event of disputes between Bubty and the other party, unless the law prescribes otherwise.
If a User cannot act as a Freelancer based on the applicable laws and regulations of the country of which he is a national, but has concluded an agreement with a Payroll Organization, he is also bound by the general terms and conditions of Bubty as a fictitious Freelancer. The foregoing does not affect the obligations arising from the agreement that the User has entered into in a Payroll Agreement with the Payroll Organization. Even if the User makes use of additional services from third parties in addition to using the Platform, he is also bound by the conditions arising from the agreement with those parties.
Privacy
Our privacy statement describes how we process your personal data on our platform. By using Bubty's services, a user agrees to the collection and processing of his personal data, unless the User expressly expresses his wish not to consent to this.
Access to the platform
To access the Platform, Users must create a user account and provide all necessary information and keep it up to date.
In the event that a User's account has been hacked or the password for the account has been stolen, the User will notify Bubty without delay and provide all necessary cooperation that will be necessary to resolve any issues arising from the unauthorized access to or use of the Platform.
The Bubty Platform is fully available to any natural person who is 18 years of age or older or to persons under the age of 18 who have permission from their parents or guardians based on national law. A user is in any case 15 years or older.
Content on the platform
he User is solely responsible for all activities performed from his Account on the Platform. In doing so, the user must comply with the applicable applicable law, not to pretend to be another person or entity and not to post unlawful messages.
Abusive messages include messages that are abusive, hateful, inflammatory, harmful, dangerous or misleading, contain sexually explicit or violent material, or encourage or promote illegal activity, or infringe any copyright, database right or trademark of someone else.
Bubty is in no way responsible for the content of the messages posted on the Platform and is therefore not liable for any damage resulting from User-generated content. Bubty is authorized to suspend or remove Users from the Platform if they do not comply with applicable law or post unlawful messages.
Users of Bubty can post reviews about other Users. These reviews are for internal purposes only and cannot be viewed by other Users. The User can therefore not derive any rights from reviews that relate to The User can therefore not derive any rights from reviews that relate to the User.
Rates and payments
All prices that Bubty uses are in euros, excluding VAT and excluding any administration costs, levies, and travel and shipping costs, unless expressly agreed otherwise.
The parties agree on a target price for a service provided by Bubty, unless a fixed price is expressly agreed. Bubty can deviate 10% from this target price, if it is communicated to the other party with reasons. If the target price threatens to be higher than this percentage, Bubty must inform the other party in good time. The other party has the right to cancel part of the order.
If no target price has yet been agreed upon in the agreement, Bubty will adjust its prices at all times. Every year, Bubty has the right to adjust the prices by agreement, whereby the other party retains the right to cancel the agreement in the event of a price increase.
Bubty may require up to 50% of the agreed amount as a down payment when entering into the agreement. The other party must have made payments within 14 days of delivery. If the other party does not meet this term, it is legally in default and in default, without Bubty having to declare the other party in default. Bubty has the right to demand immediate payment.
Consequences of not paying on time
1. If the customer does not pay within the agreed term, Bubty is entitled to charge the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is charged for a whole month. calculated.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Bubty.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the other party, Bubty's claim against the other party is immediately due and payable.
5. If Bubty enters into an agreement with multiple Customers, each of them will be jointly and severally liable for the full amounts owed to Bubty under that agreement.
Execution of the service
Agreements regarding a service provided by Bubty only contain best efforts obligations and therefore no obligation of result. In its opinion, Bubty will perform the agreement as best as possible on the basis of the agreements that arise from consultation with the other party. In addition, Bubty has the right to have (part of) the agreement performed by third parties.
The other party bears the responsibility that Bubty can start the execution of the service on time. This means that the other party provides all information that is necessary for the correct execution of the agreed services by Bubty. If Bubty is not enabled to do so in time by the other party, any additional costs will be for the account of the other party.
The User can pay a Freelancer the fee and any expenses (hereinafter: the amount due) manually or automatically through a payment provider. With manual payout, the User transfers the amount owed to the Frelancer directly to the bank account provided by the Freelancer. With automatic payout, the User can make the payout to the Freelancer via the Platform with one click. The payment provider or Bubty can be asked to verify the Freelancer's identity. The Freelancer hereby authorizes [.] to conduct all necessary investigations that may be necessary to establish your identity. These investigations may include asking you for more information, taking steps to confirm ownership of your email address or financial instruments, or otherwise verifying information you provide. If we are unable to establish your identity in any way, for example in the event that you are unable or refuse to provide the information requested by us, we may refuse payments to you.
Duration agreements
In principle, agreements between Bubty and the other party are entered into for an indefinite period of time, unless otherwise agreed in writing or this arises from the nature of the agreement. An agreement for a definite period cannot be terminated prematurely, but ends by operation of law on the day after the term for which the agreement was concluded has expired. During the term of the agreement, the parties may decide to extend the agreement or to convert it into an agreement for an indefinite period. In the case of an agreement for an indefinite period, the other party is at all times authorized to terminate the agreement with due observance of the notice period of 1 month.
1. The agreement between Bubty and the customer regarding a service or services is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.
2. If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after expiry of the term, unless one of the parties terminates the agreement with due observance of a notice period of 2 months, or a consumer terminates the agreement. terminates with due observance of a notice period of 1 month, as a result of which the agreement ends by operation of law.
3. If the parties have agreed on a term within the term of the agreement for the completion of certain activities, this is never a strict deadline. If this term is exceeded, the customer must give Bubty written notice of default.
Intellectual property
1. Bubty retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. unless the parties have agreed otherwise in writing.
2. The customer may not copy, show to third parties and/or make available or use them in any other way without the prior written consent of Bubty.
3. By entering into an agreement [.] with Bubty, customer is granted a limited, non-exclusive, transferable, revocable license to access and use our Services [.] in the manner permitted under these Terms. Any use of our Services in any manner other than as specifically permitted in these Terms is strictly prohibited without prior written consent.
Confidentiality
1. The Customer will keep secret any information (in whatever form) he receives from Bubty.
2. The same applies to all other information concerning Bubty of which the Customer knows or can reasonably suspect that it is secret or confidential, or which he can expect that dissemination may cause damage to Bubty.
3. The Customer takes all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 confidential.
4. The duty of confidentiality described in this article does not apply to information:
o which was already public before the Customer learned this information or which has subsequently become public without being the result of a breach of the Customer's duty of confidentiality
o disclosed by the Customer on the basis of a legal obligation
5. The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after its expiry.
Penalty clause
1. If the other party violates the articles of these general terms and conditions regarding confidentiality or intellectual property, it forfeits an immediately due and payable fine for each violation for the benefit of the trade name.
if the other party is a consumer, this fine is € 1,000
if the other party is a legal person, this fine is € 5,000
2. In addition, the other party forfeits an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.
3. No prior notice of default or legal proceedings are required for forfeiture of this fine. There is also no need for any kind of damage.
4. Forfeiture of the fine referred to in paragraph 1 of this article shall not affect Bubty's other rights, including its right to claim damages in addition to the fine.
5. In addition, Bubty has the right to exclude a User from further use of the Platform and the services of Bubty after violation of the articles of these general terms and conditions regarding confidentiality or intellectual property.
Disclaimer
1. The Customer indemnifies Bubty against all claims from third parties related to the products and/or services supplied by Bubty.
2. Bubty does not endorse the Freelancer/Client and is in no way responsible for their actions. The Client is obliged to perform its own due diligence on the Freelancer and the Members respectively.
3. Agreements between Customers and the Freelancer, whether or not they have been established through use or with the help of the Platform, are entirely at the expense and risk of the parties to this agreement [.]. Unless explicitly stated in writing, Bubty is not a party to this agreement.
4. Bubty is not liable for the acts or omissions of any Client or Freelancer.
Liability Bubty
Bubty is only liable for any damage suffered by the other party if that damage is caused by intent or gross negligence. If Bubty is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement. Bubty is never liable for indirect damage. Users are responsible for the content they have placed on the Platform (see 'Content on the Platform'), as a result of which Bubty is expressly never liable for damage resulting from content on the Platform. Bubty is also not liable for any damage to the name and/or reputation of the freelancer or for any other image damage that has occurred or will occur.
If Bubty is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates. Any right to compensation of Bubty expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Complaints and notice of default
1. The Customer must examine a product or service provided by Bubty as soon as possible for any shortcomings.
2. If a delivered product or service does not correspond to what the Customer could reasonably expect from an agreement, the Customer must inform Bubty of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Bubty of this within 2 months after discovery of the shortcomings.
4. The Customer provides as detailed a description as possible of the shortcoming, so that Bubty is able to respond adequately.
5. The Customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a Complaint relates to ongoing work, this can in any case not lead to Bubty being obliged to perform other work than has been agreed.
7. The Customer must notify Bubty of default notices in writing.
8. It is the Customer's responsibility that a notice of default actually reaches Bubty (on time).
Right to dissolution
1. The customer has the right to dissolve the agreement if Bubty imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. If the fulfillment of the obligations by Bubty is not permanently or temporarily impossible, dissolution can only take place after Bubty is in default.
3. Bubty has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Bubty has taken note of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill its obligations.
Force of the majority
1. In addition to the provisions of article 6:75 of the Dutch Civil Code, a failure by Bubty in the fulfillment of any obligation with regard to the customer cannot be attributed to Bubty in a situation independent of Bubty's will, as a result of which the fulfillment is prevented from fulfilling its obligations towards the customer in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Bubty.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Bubty cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Bubty can fulfill them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Bubty does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Amendment of the agreement and general terms and conditions
If, after the conclusion of an agreement, it appears that for the performance of the service it is necessary to change the content of the agreement, the parties will adjust the agreement in a timely manner and in mutual consultation.
Bubty reserves the right to change these terms and conditions at any time. The User is bound by such changes upon notice in Bubty's mobile applications and/or websites and/or by email. If the User does not agree with these changes, the User is free to close his account.
Consequences of nullity or voidability of provisions from these general terms and conditions
If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other terms and conditions. A provision that turns out to be null or voidable will be replaced by Bubty as soon as possible with a provision that comes as close to Bubty as possible with the purpose of the original provision. Such an amendment will not result in a major change to the terms and conditions (see “Changes to the agreement and terms and conditions”).