For all parts of freelance.website are the conditions of freelance.website apply. The conditions are divided into three categories:
2. General section for each user of freelance.website
3. Specific section for clients on freelance.website
Article 1. Applicability of the general conditions
1.1 These conditions hold for every offer and every agreement as long as the other party has not disagreed explicitly to these conditions.
Article 2. Propositions
2.1 Freelance.website is only legally bonded to a proposition, when the proposition is accepted by written agreement by the commissioner within the time span of 30 days.
2.2 The prices given in a proposition are calculated without btw (VAT), unless this is explicitly given.
Article 3. Executing an agreement
3.1 Freelance.website will fulfill the agreement as good as possible and will do everything within its capacity to perform well.
3.2 When necessary, freelance.website has the right to delegate certain activities to third parties.
3.3 It is the task of the commissioner, to make sure that all data, which freelance.website needs to perform their work, and all data which the commissioner can reasonably assume freelance.website will need to be able to perform the agreed proposition, will be provided within an acceptable time. When data required for performing work for the commissioner is not provided within an acceptable time frame, freelance.website has the right to extend the deadline of the agreement and/or to calculate any costs caused by the delay using custom tariffs within the agreement.
3.4 Freelance.website can not be held responsible for damage, no matter the nature of the damage, created when the damage has been caused by provided information from the commissioner which was erroneous and/or incomplete, unless this incompleteness or erroneousness of provided information has been communicated and should be known by freelance.website.
3.5 When it has been agreed, that the proposition will be performed in several phases, freelance.website has the right to await written acceptance of the previous phase before performing any activities related to a next phase.
Article 4. Duration of contact, term of realization
4.1 The agreement is one with an undetermined term, unless both parties explicitly decided otherwise.
4.2 When both parties agreed on a timeframe for fulfilling certain activities, this is not a fatal timeframe, unless explicitly agreed differently. When the agreed time frame is exceeded, the commissioner consequently has to hold freelance.website liable in a written document.
Article 5. Adjusting an agreement
5.1 When it appears, during the fulfillment of an agreement, that current activities should be adjusted, revised or changed, both parties have to agree upon the changes within an acceptable timeframe.
5.2 When both parties agree that the current activities will be changed/adjusted, the initial timeframe for delivery can be influenced. If this is the case, freelance.website will inform the commissioner as soon as possible about the delay.
5.3 When the change/revision/adjustment of the agreement has any financial and/or qualitative consequences, freelance.website will inform the commissioner. When both parties have agreed on a fixed honorarium, freelance.website will inform the commissioner what the consequences of the change/adjustment/revision are for the agreed fixed honorarium.
5.4 Deviating from point 3, freelance.website will not have the right to calculate any additional costs, when the adjustment/change/revision is a result of circumstances which can be attributed to freelance.website.
Article 6. Secrecy
6.1 It is mandatory for both parties, to respect secrecy of all confidential information which is shared amongst the parties within the agreement, or which has been obtained through other channels. Information is considered confidential, when one of the parties has communicated this, or when it can be inferred by the nature of the information.
Article 7. Intellectual Ownership
7.1 Not considering article 6 of these conditions, freelance.website has the right and authorities which are given to them based on copyrights.
7.2 Every piece of information provided by freelance.website (e.g. rapports, advices, concepts, drawings, software) is explicitly provided for use by the commissioner and can not be distributed to other parties and/or copied without permission of freelance.website.
7.3 Freelance.website has the right to use obtained knowledge by a certain project for other projects or goals, as long as freelance.website does not provide any confidential information to third parties.
Article 8. Termination of contracts
8.1 Both parties have the possibility to terminate the agreement at any time, unless the termination is written and consists of a reason for termination. In case of termination, parties should be aware of at least one month as notice period.
8.2 When an agreement is terminated prior to completion, freelance.website has the right to infer already made costs, based on a reasonable honorarium for already performed work, also taking eventual advantages for the commissioner, created by the performed work, and the reason for termination of the contract, into account.
Article 9. Termination of a contract
9.1 The claims of freelance.website on the commissioner can be charged immediately in the following situations:
- when after agreement with the commissioner, freelance.website has acquired information which create reasonable doubt about the extent to which the commissioner will be able to fulfill its responsibilities,
- when both parties in the contract explicitly agreed to perform certain acts, and the commissioner does not/or does not sufficiently follow up these agreed acts.
9.2 In the situations given above, freelance.website has the right to terminate the agreement, and the right to demand for compensation.
Article 10. Imperfections; term of complaints
10.1 Complaints of the commissioner concerning the performed work should be reported within eight days after discovery, and a written complaint should be sent within thirty days after freelance.website has fulfilled the work.
10.2 When a complaint is considered valid, freelance.website will perform the work as has been agreed, unless the commissioner points out that this is meaningless. If this is the case, the commissioner should point this out.
Article 11. Honorarium
11.1 For offers and agreements in which a fixed honorarium has been agreed upon, point 2 of this article is leading. When no fixed honorarium has been agreed upon, points 3 and 4 of this Article hold.
11.2 Both parties can agree upon a fixed honorarium during completion of the agreement. The fixed honorarium is calculated without btw (VAT), travelcosts, and accommodation expenses.
11.3 When no fixed honorarium has been agreed upon, the total honorarium will be determined by calculating all the working hours. The honorarium itself will be calculated by using the general tariff per hour, unless another amount has been agreed upon.
11.4 A bill of quantities is calculated without taking btw (VAT), travel hours and accommodation expenses into account.
Article 12. Payment
12.1 Payments should be received within 15 days after the date of invoice. After the 15 days passed, the commissioner is in oversight; the commissioner has to pay a percentage of the total invoice from that day.
12.2 If a payment, despite reminders, not done in time, freelance.website will immediately terminate the services of the client that are connected to other parties, because of the financial charges. Freelance.website is not liable for the consequent adverse or irreversible consequences.
12.3 In case of liquidation, bankruptcy or surseance of payment of the commissioner the obligations can be claimed immediately.
12.4 Payments done by the commissioner will firstly be for interest and costs which are due, secondly for the oldest invoices which haven’t been paid, even though the commissioner explicitly points out that the payment is meant for another (newer) invoice.
Article 13. Made costs
13.1 When the commissioner is in oversight considering one or more obligations, all reasonable costs made in order to receive the amount will have to be paid by the commissioner.
Article 14. Force Majeure (ascendancy circumstances)
14.1 In a case of force majeure the obligations of freelance.website will be postponed. When the period of force majeure in which freelance.website can not fulfill its obligations takes longer than 2 months, both parties will have the opportunity to terminate the agreement without the necessity of a compensation.
14.2 When freelance.website already partially fulfilled its obligations when force majeure occurs, or is only partially able to fulfill its obligations when force majeure occurs, freelance.website has a juridical obligation to create an invoice for both the fulfilled and the unfulfilled part of the work and the commissioner has to pay the fulfilled part of the work as if it were a separate contract. This rule isn’t applicable, if the part which has been fulfilled has no specific value on it own.
Article 15. Applicable right
15.1 On every agreement between freelance.website and a commissioner the Dutch law is applicable.
Artikel 16. Termination of services
16.1 Without giving reasons freelance.website reserves the right to terminate all services offered. This evaluation should include a notice period of at least one month should be observed after which all contracts paid permissions or memberships may be terminated without any adverse consequences or compensation.
2. General section for each user of freelance.website
These terms and conditions apply to the access and use of websites that are the property and part of freelance.website. The use of freelance.website means that you accept these terms and conditions.
Artikel 17. Liability
17.1 Freelance.website excludes hereby any liability for any damage, directly and/or indirectly, in any way arising out of and/or arising from the use of freelance.website. More specifically, freelance.website will in no way be liable for any damages whatsoever arising in and/or arising out of:
- actions performed by you, such as the conclusion of an agreement, which would be submitted by content posted on the website,
- the impossibility of using the website,
- failure to comply with a service offered on the website to the specifications as stated on the website,
- the fact that the information on the website is incorrect, incomplete or non current,
- the unlawful use of the freelance.website systems by a third party,
- actions of the other party after you have concluded an agreement using freelance.website,
- verification of a verified web page or authentic profile by freelance.website of a registered company or freelancer which prevents the data such as the Chamber of Commerce number or payment or bank details to appear to be incorrect or fraudulent.
Artikel 18. Warranty
18.1 Freelance.website does not guarantee:
- that the content on freelance.website is accurate, complete and that the services offered are good, quality, safe and not in violation of any legal provision,
- that the website will work uninterrupted and be free from errors,
- that third parties will use their systems unlawfully (hacking), which means that the offered service may no longer function properly, for a short or longer period, or that the agreement will be prematurely extended for the extension period without compensation.
3. Specific section for clients on freelance.website
The provisions mentioned in this category are applicable, in addition to the provisions of category 1 and category 2, if you also want to post projects on freelance.website.
Artikel 19. Advertising
19.1 The mentioned number of average impressions for digital advertising with banners may differ as indicated. Freelance.website indemnifies all of the mentioned average impressions and does not provide compensation.