Bubty Contigent Workforce Technology

1. Introduction and Applicability

This Website is controlled and operated by Bubty B.V., a company with limited liability, incorporated under the laws of the Netherlands, registered with the Trade Register of the Dutch Chamber of Commerce under the number 78697875 (Bubty) whose registered office is at Spaarneplein 2, 2515 VK 's-Gravenhage, the Netherlands (“Bubty”).
Bubty through its online platform, provides services to both B2B customers and freelancers (“Freelancers”). These Freelancer Terms of Service (“Terms”) apply only to Freelancers. “Freelancer” refers to any independent contractor providing paid work on a per-job or per-task basis and includes any entity through which such work is provided.
These Terms will also refer to Bubty as “we”, “us”, or “our”, and to Freelancer as “User”, “you” or “your”. By accessing or using our website (the “Website”) and any of its products or services (“Services”), including your registration for a freelance account with us (a “Freelancer Account”) you agree to be bound by these Terms. When your use of the Services is (also) are pursuant to a separate manually or digitally executed services agreement, any terms therein shall also be part of your agreement with us, if you use the Services.
Please read these Terms before your use of the Website and Services. If you do not wish to be bound by these Terms, you may not access or use the Website and the Services.
These Terms are effective when you begin using the Services or when you agree to use the Services, whichever is earlier (“Effective Date”). If you are agreeing to these Terms on behalf of an entity, you represent that you have the authority to bind the entity and that the entity agrees to these Terms. If you do not have the authority to enter into these terms of use on behalf of the entity or the entity does not agree to these Terms, neither you nor the entity may use the Services.

Incorporated Documents: our Policies
1. You agree to the following policies as of the Effective Date, incorporated by reference into these Terms:

Acceptable Use Policy [ make hyperlink ]
Privacy Policy [ make hyperlink ]
Cookies Policy [ make hyperlink ]

These policies (the “User Policies”) can be read and downloaded by clicking the above hyperlinks and the respective download buttons.

1. The User Policies shall be deemed to be agreed in addition (and not in deviation) to these Terms, unless explicitly stated otherwise in writing. Only if case of a clear conflict between provisions of these Terms on the one hand and provisions in the relevant User Policy on the other hand, the provisions contained in the relevant User Policy shall prevail.
2. If you do not agree to any of the above, you may not use the Services.

Term and Termination
1. The agreement that arise between you and Bubty as a result of your acceptance of these Terms (“Agreement”) is entered into for an indefinite period. We may both suspend or terminate this Agreement at will, with immediate effect.
2. Rights and obligations under this Agreement which by their nature should survive will remain in effect and continue to apply indefinitely after termination or expiration of this Agreement.

Modification of Terms and User Policies
1. You acknowledge that Bubty reserves the right, with or without notice, to unilaterally change or modify any of the Terms and the User Policies. Bubty will make reasonable efforts to notify you of such changes, which may include posting an announcement on the Website, in-application notices, or via email. Any changes or modifications will be effective immediately upon being posted.
2. By continuing to use the Services after changes and modifications are posted, you agree to such changes and modifications. If you do not agree you may not continue to use the Services.

Your Use of the Website
1. In addition to the Acceptable Use Policy the following applies to your use of the Website and the Services:

The Website and our Services are protected by intellectual property rights, including copyrights, database rights and trademark rights, and such rights are owned by Bubty, its licensors or contributors to this Website and the Services.
Any rights granted to you under these Terms are revocable and non-exclusive rights, which may not be sub-licensed or transferred.
The use of any software that may be made available to download from this Website is, insofar an end user license agreement accompanies is or is included with such software, subject to the terms and conditions of such end user license agreement with the exclusion of these Terms. If, however, such end user license agreement is (for whatever reason) not applicable, the use of such software is subject to these Terms.
You are responsible for use of the Website by any person using your password. You will ensure the confidentiality of your password and prevent any unauthorised person accessing the Website through the use of your password.
The Website should not be relied on and does not constitute any form of advice or recommendation. Any arrangements made between you and any third party named or referred to on the Website are entirely at your sole risk and responsibility.
This Website may contain links to other websites and other websites may contain links to this Website. We are not responsible or liable for such other websites or the availability of such links. Any link provided on this Website is provided as a convenience only and such links or websites linking to this Website are not intended to be, nor may be construed as, an endorsement of any kind by Bubty of those other websites.
If your Freelancer Account has been hacked or the password for the Freelancer Account has been stolen, you will notify us without delay and provide all necessary cooperation that will be necessary to resolve any issues arising from any unauthorized access to or use of the Website and Services.
You underrated to keep all necessary information relating to you and keep it up to date.
1. Upon termination of this Agreement for any reason you will shall immediately cease all use of the Website and your Freelancer Account.

Your Materials
1. You guarantee that all material you submit, send, or upload to the Website (“Your Material”) in compliance with our Privacy Policy and that we may remove Your Material from the Website if we deem that you are in breach withy this Policy or with these Terms.
2. You grant us a world-wide, non-exclusive, irrevocable and perpetual license to use, make public, copy, modify, display, frame, transmit or distribute Your Material for any purpose (together "Using Your Material"), it being understood that your personal information will always be held by Bubty in accordance with its Privacy Policy.

User Data

For information about how we collect, use and share information about you, please see our Privacy Policy. In addition thereto the following applies:

1. Our Services allow you and other users to upload, create, post, store and transmit content (collectively, “User Data“). Except for the license you grant below, you retain all rights in and to your User Data.
2. We may use User Data in a manner that is consistent with the Privacy Policy for our legitimate business interests, including to respond to your inquiries and fulfill your requests, complete your transactions, provide you with customer service, send administrative information to you, and to personalize your experience on the Website and Services. We may also use User Data and other information collected through the Website or Services to help us improve the content and functionality of the Website and Services, to better understand our users and to improve the Website and Services. We may use this information to contact you in the future to tell you about services we believe will be of interest to you. If you would like to opt-out at any time you can simply email your request to [email address].
3. We may use and disclose information that is not User Data for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine non-User Data with User Data. If we do, we will treat the combined information as User Data as long as it is combined.
4. We may disclose your User Data for the purposes described in our Privacy Policy, including to third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology, and related infrastructure provision, customer service, email delivery, auditing, and other services.
5. We may disclose your User Data to law enforcement, government officials, or other third parties if we believe necessary or appropriate: (i) to respond to a subpoena, court order or other legal process, (ii) to comply with laws, statutes, rules or regulations, (iii) to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms.
6. We may provide functions that allow you to control who may access User Data. If you enable features that allow you to share the User Data with others, anyone you’ve shared content with (including the general public, in certain circumstances) may have access to your User Data.
7. You may not create, post, store or share any User Data that violates these Terms or for which you do not have all the rights necessary to grant us the license described above.
8. You represent and warrant that your User Data, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.
9. Although we have no obligation to screen, edit or monitor User Data, we may delete or remove User Data at any time and for any reason with or without notice.
10. We do not guarantee that User Data will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction. You must use a secure encrypted connection when transmitting User Data to us. It is your responsibility to make backups of User Data. You are solely responsible for protecting your passwords and for limiting access to your user account, computers and devices.
11. Upon termination of the Services by Bubty for reasons other than cause, or at your direction, you may request access to your User Data. You must make such request within thirty (30) days following termination. Otherwise, any content you have stored with the Service may not be retrievable, and we will have no obligation to maintain any data stored in your Freelancer Account.

Liability and Indemnification
1. No representation, warranty or condition, express or implied, statutory or otherwise, as to condition satisfactory quality, performance, fitness for purpose or otherwise is given by Bubty in respect of the Platform, the Services and the Website. This disclaimer includes the Website (i) being compatible with all hardware and software which may be used by visitors to the Website, (ii) operating in accordance with your expectations, (iii) being error free, (iv) being accurate. All such representations, warranties and conditions are excluded except to the extent their exclusion is prohibited by law.
2. Bubty’s liability to you and your sole remedy vis-à-vis Bubty under or in connection with the Website however caused and under any theory of liability shall be to take such actions reasonably required to remove or delete data or to correct data entered in error.
3. Bubty will not be liable to you for indirect damages, consequential damages, costs of procurement of substitute goods or services, pure economic loss, loss of revenue, loss of profit, loss of business (opportunities), loss of anticipated savings, loss of data or damages resulting from third-party claims, whether it was foreseeable or not, however caused and under any theory of liability.
4. Notwithstanding the above, if Bubty is or becomes liable towards you, such liability is limited to the amount that is paid out by a closed (professional) liability insurance 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.
5. You agree to indemnify Bubty and hold them harmless from and against any costs, expenses, liabilities, injuries, damages, claims, demands, proceedings or legal costs which Bubty may suffer or incur in consequence of (i) Using Your Material or (ii) you being in breach of these Terms.
6. In this clause Bubty includes (i) each Group Company of Bubty withing the meaning of art 2:24 of the Dutch Civil Code and each party having performed, in whole or in part, any of the Services.

Assignment
1. You acknowledges that Bubty will be entitled to assign, in whole and in part, its rights and obligations under these Terms.
2. Any assignment of the rights and obligations under this Agreement by you shall be effective only with our prior written consent. Any attempted assignment in violation of this Section shall be null and void. This Section has property law effect (goederenrechtelijke werking) within the meaning of article 3:83 (2) of the Dutch Commercial Code,

Choice Of Law, Jurisdiction, Venue
1. These Terms and any contractual or non-contractual obligations arising out of or in connection to it, are governed by and shall be construed in accordance with Dutch Law without regard to its conflict of law principles. Any power of attorney or other document executed in connection with these will be also be governed by and construed in accordance with Dutch Law.
2. Any claim, dispute or difference of whatever nature arises under or in connection with (i) any legal relationship between Bubty and you which is related directly or indirectly to this Website, (ii) these Terms (including a claim, dispute or difference regarding its existence, termination or validity or any non-contractual obligations arising out of or in connection with these Terms), (iii) use of the Website or (iv) Use of Your Materials ( (a “Dispute”) shall be referred to and finally settled by, arbitration in accordance the Rules of Arbitration of the Netherlands Arbitration Institute (the “NAI Rules”) as in force at the date of the date of the Dispute, which NAI Rules are deemed incorporated into this Article. The number of arbitrators shall be one (1), to be appointed in accordance with the NAI Rules. The place of Arbitration shall be the city of Amsterdam, the Netherlands. The arbitration will held in English language. The arbitrator shall have the power to grant any legal or equitable remedy or relief available under the applicable law, including injunctive relief (whether interim and/or final) and specific performance and any measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction. This specific arbitration clause of is (also) governed by and shall be construed exclusively in accordance with Dutch law.
3. We agree that both we and you may have recourse to any competent court in the Netherlands to seek interim or provisional measures, including injunctive relief and pre-arbitral attachments or injunctions and any such request shall not be deemed incompatible with the agreement to arbitrate (or a waiver of the right to arbitrate). Notwithstanding any contrary provision of the NAI Rules, the Parties agree that no Party may have recourse to any court of competent jurisdiction: (i) for determination by that court of any question of law arising in the course of the arbitration, or (ii) to appeal to that court on any question of law arising out of any award made in the arbitration.

Miscellaneous
1. We may look for Freelancers to help us test new services or new features. Early access and beta products are made available on an “as is,” and “as available” basis without any warranties, indemnities, or contractual commitments of any kind.
2. Customers may make use of Bubty’s Payment Facilitation Services to Freelancers. In doing so a customer, the relevant payment provider or Bubty may be asked to verify Freelancer's identity. Freelancer hereby authorizes Bubty to conduct all necessary investigations that may be necessary to establish Freelancer’ identity (details). 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. Not timely or adequately cooperating with the above may result in not receiving payments that are facilitated by our Payment Facilitation Services.
3. If any provision of these Terms is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.
4. We shall be deemed not to be in breach of these Terms for any failure or delay in performance caused by force majeure.
5. For any performance under these Terms, our employees, independent contractors and assigns can, towards Freelancer, invoke all means of defense afforded by these Terms.

Terms of Service - Talents / Freelancers / Workers