Algemene voorwaarden

The following conditions and all applicable legal rules apply to the services of Videolancer.co. By using the Videolancer.co app, the user agrees to be bound by these terms and conditions.

Article 1 Definitions
The following definitions are used in these general terms and conditions, both in the singular and in the plural.

Client: the natural or legal person who offers or gives an assignment to perform work to a service provider.

Service provider: the natural or legal person who makes himself available by means of the app to perform work on behalf of a client or who registers or bids for one or more assignments from a client.

Job: an advertisement on the app in which a client asks to have certain work performed. 

User: clients, service providers and other persons who use the app. 

Service: the service offered by Videolancer.co through the app or in any other way, including offering a platform on which clients and service providers come into contact with each other. 

App: The Videolancer.co application and internet site can be reached via the domain name www.Videolancer.co as well as all other Videolancer.co internet sites can be reached via sub- and top-level domain names related to this domain name. 

Article 2 Applicability of these conditions

2.1
These general terms and conditions apply to all agreements and to all acts and legal acts between Videolancer.co and the user, even if those acts or legal acts should not lead to, or are not related to, an agreement.

2.2
Videolancer.co is at all times entitled to unilaterally amend or supplement these general terms and conditions. 

2.3
The general terms and conditions of the user are expressly rejected. 

2.4
In connection with the specific nature of a particular agreement, that agreement may deviate from one or more provisions of the general terms and conditions. 

2.5
If a provision of these general terms and conditions conflicts with a provision of an agreement that has been concluded, the provisions of the agreement will apply. 

2.6
Changes and additions to any provision in the agreement and/or the general terms and conditions agreed between Videolancer.co and the user are only valid if they have been agreed by registered letter or bailiff's writ and can only be proven with them. 

2.7
If and insofar as any provision of these general terms and conditions is declared null and void or annulled, the other terms and conditions will remain in full force. Videolancer.co will then determine a new provision to replace the void or voided provision, whereby the purport of the void or voided provision will be taken into account as much as possible. 

Article 3 Services

3.1
Videolancer.co offers a platform on its app on which clients and service providers:
To be able to get in touch with each other in connection with the execution of assignments in the field of business services and;
Being able to make agreements regarding assignments.
Videolancer.co only has a facilitating role and can therefore not be held responsible for acts or omissions of a user through or in connection with the app or otherwise. Videolancer.co is at all times entitled to adjust and/or terminate (the content of) its services.

3.2
Videolancer.co has compiled the content of the app with the utmost care. However, all substantive information on the app with regard to the users themselves, assignments, references and quotations comes from the users. These users are responsible for the correctness and completeness of this information. Videolancer.co bears no responsibility for the content of assignments, quotations, references, etc., nor for any other communication between users. Videolancer.co is also not responsible for the fulfillment of their obligations by clients and service providers, including the fulfillment of any payment obligation and the correct performance of the work to be performed. 

3.3
Videolancer.co offers the information placed on the app by itself on the basis of the exclusion of any express or implied warranties, promises or indemnities of any kind, including, but not limited to, the exclusion of warranties with regard to justice to (property) rights, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary rights or rights of third parties.

In particular, Videolancer.co does not guarantee:

That the information on the app is correct, complete, suitable, current and not unlawful, that the app will work uninterrupted, will be free of viruses, trojans and other errors and / or defects and that any defects will be remedied and that third parties will not use the Videolancer.co app and/or systems unlawfully.

3.4
Videolancer.co is entitled to (temporarily) put the app out of use or limit it in the event that this is necessary, for example, for maintaining or adjusting the app, without this creating any right to compensation towards Videolancer.co. 

Article 4 Use of the service and provision of information

4.1
The user guarantees that all data, including but not limited to, name, address data, VAT number, bank account number, Chamber of Commerce number, e-mail data that he provides in the context of the service are complete, correct and up-to-date and that he will use the service exclusively for itself. In addition, the user guarantees that he is authorized to use the services and that he will comply with the applicable laws and regulations with regard to granting orders, bidding on, offering and performing work. 

4.2
By offering data on the app, including, but not limited to, assignments, references and quotes, the user gives permission to publish this data on the app and guarantees that he is authorized to give that permission. The user is aware that the positioning of assignments and bids on the app depends on a number of factors and that no rights can be derived from this. 

4.3
Videolancer.co reserves the right to change and/or shorten the information provided by the user. Videolancer.co also reserves the right to refuse or remove assignments, references, quotations and other data from the app, for example because they are incorrect or unreliable, are contrary to the law or are unlawful towards third parties, without this can in any way lead to any right of the user to compensation. 

4.4
The use of (personal) data obtained by users through the app may only be used for the purpose for which it was provided. It is not allowed to process this data for any other purpose. It is also not allowed to collect personal data from users for any reason. 

4.5
If a user acts contrary to the provisions of article 4.4, he forfeits, without further warning or notice of default and without judicial intervention being required, an immediately payable fine of € 1,000.00 (in words: one thousand euros) per event in which the use of one personal data counts as one event, without prejudice to the right of Videolancer.co to take other measures at its disposal against the user and/or claim compensation. 

Article 5. Subscription, Clients, Rates and Payment

Subscripition

5.1
Service providers pay Videolancer.co a subscription fee. With the subscription, additional services and benefits can be obtained over members with a free account.

5.2
A subscription agreement between Videolancer.co and service provider is entered into for the duration stated on the invoice. The subscription is tacitly renewed.

5.3
A subscription agreement can be canceled by unsubscribing in the account under “Settings”. This is possible up to 1 day before the extension date. Subscription fees are non-refundable.  

Pricing

5.6
Unless otherwise indicated, the prices of Videolancer.co are quoted in euros, excluding VAT and any other taxes and levies. 

5.7
Videolancer.co reserves the right to change or revise the prices of the service(s), the rates for service costs and other products. Videolancer.co will post any such price changes or revisions on the app at least 15 days prior to the effective date of the changes. Current contracts will be respected until the renewal date. 

Payment

5.8
If the user does not pay within 14 days after the invoice date, it will be deemed to be in default by operation of law and, without further notice of default, will owe interest from that moment on the outstanding amount equal to two percent per month, calculated cumulatively on the principal sum. part of a month counts as a whole month. Above, Videolancer.co has the right to charge the user an amount of € 12.50 (in words: twelve and a half euros) per reminder for each payment reminder sent. All other extrajudicial collection costs incurred after the relevant payment term has expired, such as the own costs of Videolancer.co and the costs of collection agencies, bailiffs or lawyers, are fully borne by the user. If Videolancer.co deems it necessary to hand over the claim to third parties, the user will be notified in writing in advance. The user is also obliged to pay the costs incurred by Videolancer.co in connection with legal proceedings in addition to the amount allocated by the court in this respect if the user has been wholly or largely unsuccessful in those proceedings. The costs of the proceedings are expressly understood to mean the fees of lawyers, bailiffs and other advisers. The User declares that the costs due under this article do not qualify for moderation due to a possible discrepancy between the principal sum and the costs. 

5.9
If the user has issued one or more authorization(s) for direct debit for the payment of the amount due under a service or subscription, it is not entitled to withdraw this authorization at any time, subject to the prior written consent of Videolancer.co. Pull. It is also obliged to maintain sufficient bank balance for 14 days after the date of dispatch of the relevant invoice to enable the collection to be carried out. If it is not possible for Videolancer.co to proceed to direct debit, Videolancer.co is free to use all available means to receive the due and payable amount, whereby the provisions of Article 5.6 apply in full. 

Article 6 Termination

6.1
In case the user has not used the app for a period of 12 months, Videolancer.co has the right to terminate the agreement completely. 

6.2
In the event of (provisional) suspension of payment, bankruptcy, shutdown, admission to the WSNP or liquidation of the user, Videolancer.co has the right to dissolve purchased subscriptions or other services in whole or in part, without prejudice to its other rights and without paying any compensation. or refund. 

Artikel 7. Communication

7.1
Any communication between Videolancer.co and the user can take place electronically, except insofar as the general terms and conditions and/or the agreement and/or the law deviate from this.

7.2
The version of the relevant communication stored by Videolancer.co serves as proof thereof, subject to proof to the contrary by the user. 

7.3
Electronic communication from Videolancer.co to the user is deemed to have been received on the day of sending, unless proven otherwise by the recipient.

7.4
User must secure its own computer system in such a way that third parties cannot be given unauthorized access. 

7.5
User agrees to make his contact details available for all communications from Videolancer.co with the intention of providing the service as described in these terms and conditions. In addition, the user agrees that his contact details can be used for marketing purposes, offers, new products or services of Videolancer.co or its partners. 

7.6
A user of Videolancer.co shall not use the app for any purpose other than that for which it was created. In particular, a user will not place ads and refer to other apps without serving the purpose of Videolancer.co. Any link on Videolancer.co placed in a project, quote or email must relate to a project / an assignment on Videolancer.co (an example of acceptable links is reference to a portfolio or resume or personal app).

7.7
Acquisition and/or promotion on our platform for similar services to Videolancer.co is not allowed. We reserve the right to suspend your account should we become aware of this acquisition. Any paid subscription fees will not be refunded. In particular, we do not allow a blanket response to a command that references an external app. However, it is allowed to put forward candidates for an open assignment from a similar concept, provided that the candidate is aware of this and has been specifically selected for the assignment in question. 

Artikel 8 Accounts

8.1
To become a user of Videolancer.co and access the services of Videolancer.co one needs an account. The user agrees to enter information in all forms on the app that is truthful, accurate and complete. In addition, the user will regularly update this information to ensure that the information remains accurate. 

8.2
You authorize Videolancer.co to use third parties to verify your identity and credibility. If necessary, testing can take place at the BKR in Tiel. When testing takes place, additional information may be requested, such as BSN number, date of birth, full first and last names. To establish your identity as part of our service (ID Check), we may ask for proof of identity. These documents can possibly be shared with 'IDchecker.nl' for verifying the identity. Videolancer.co reserves the right to remove or suspend accounts where the user's identity cannot be verified or has been falsified. 

8.3
You will not do anything that will defraud Videolancer.co's feedback system or reference system. In particular, this includes artificially generating positive feedback about yourself through the use of multiple accounts. Detection of this type of fraud will result in immediate suspension of your account. 

8.4
Please be aware that we may suspend, delete your account or deny you access to Videolancer.co, including the services arising from Videolancer.co, if we become aware that the activities you engage in on Videolancer.co violate our terms and conditions. 

8.5
If your account is deleted because you have been found to be in breach of the terms and conditions, you will be liable for all fees, subject to the extent of the breach of the terms and conditions, for assessing the damage of the breach (subject to the costs of staff hours and legal support) and claiming the costs of the damage. You and Videolancer.co agree that the damages incurred by Videolancer.co as a result of user actions may be substantial, but difficult to express in scope and/or monetary amount. If you as a user are part of this type of activity, Videolancer.co can charge you a fine of up to € 3,000.00 (in words: three thousand euros) per violation of the terms and conditions. In addition, Videolancer.co can take legal action to recover damages that exceed this amount. You agree that € 3,000.00 (in words: three thousand euros) is a reasonable amount as an estimate of any damage to be incurred as a result of the relationships Videolancer.co has to deal with and any consequences this may have and the risks this entails. 

Artikel 9 Overmacht

9.1
In case of force majeure on the part of Videolancer.co, it is not obliged to fulfill the obligations under the agreement. 

9.2
Force majeure is understood to mean any circumstance independent of the will of Videolancer.co and beyond the sphere of influence of Videolancer.co, which permanently or temporarily prevents the fulfillment of the agreement. 

9.3
Force majeure is in any case understood to mean: a non-attributable shortcoming of engaged third parties or suppliers, strike, company occupation, government measures, power failures, more than usual delays in traffic and illness of an epidemiological nature of its employees, technical malfunctions, whether or not as as a result of viruses or attacks, as a result of which the app does not function or does not function properly, as well as any situation over which Videolancer.co cannot actually exercise (decisive) control. 

9.4
As soon as a force majeure situation occurs as referred to in this article 9.3, Videolancer.co will notify the user thereof. If the force majeure situation lasts longer than 30 days, or as soon as it is clear that the force majeure situation will last longer than 30 days, the parties are entitled to terminate the agreement without being liable for damages. 

 Article 10 Liability

10.1
Although Videolancer.co makes every effort to always provide the services properly, it cannot exclude that damage may occur due to or with the services provided. Unless the damage has arisen as a result of intent or willful recklessness on the part of Videolancer.co or its managerial subordinates, Videolancer.co is not liable for any damage whatsoever. 

10.2
Videolancer.co is never liable for any damage suffered by the user related to or arising from communications or advice given in the context of free advice. 

10.3
Videolancer.co cannot be held liable for any communications or advice from third parties regarding Videolancer.co services. 

10.4
Videolancer.co is never liable for any indirect damage suffered by the user or third parties, including consequential damage, loss of turnover and profit, loss of data and immaterial damage, related to or arising from the agreement or the use of the services. 

10.5
Without prejudice to the provisions elsewhere in the agreement, Videolancer.co's liability towards the user, for whatever reason, is limited to a maximum amount of € 500.00 (in words: five hundred euros) per event, whereby a coherent series of events is regarded as one event counts. 

10.6
The right to compensation lapses if the claim has not been brought before the court by the user within one year after it arose. 

10.7
The user indemnifies Videolancer.co against all claims from third parties, for whatever reason, with regard to compensation for damage, costs or interest, related to or arising from the agreement or the use of the Services. 

Art. 11 Dispute with Videolancer.co

11.1
In the event of disputes arising from agreements or from agreements building on them, to which these general terms and conditions apply, the parties will initially try to reach an amicable settlement. 

11.2
All disputes that may arise between a client or service provider of the app on the one hand and Videolancer.co, including their legal successors, under general or special title on the other hand, as a result of the agreement concluded between them or as a result of further agreements and other related actions with said agreements such as, for example, but not limited to, torts, undue payments or unjust enrichments shall be settled by arbitration in accordance with the arbitragereglement van het Nederlands Arbitrage Instituut, hierna NAI. 

11.3
The qualification as a dispute within the meaning of Art. 15.2 does not preclude the case from being regarded as such by only one of the parties or its successors in title or from the fact that it only concerns the collection of amounts due. 

11.4
Nevertheless, the party that would like to bring a dispute through an arbitration procedure must allow its other party a period of at least one month after it has invoked this arbitration agreement in writing against that other party, in order for the dispute to be resolved by the competent authority according to law. select a competent court. 

11.5
A dispute with regard to a specific legal claim must be brought within one year after the legal claim has arisen and has become known to the claimant, without prejudice to the possibility of earlier lapse or prescription in accordance with the law. 

11.6
The administrator of the NAI appoints one arbitrator or three arbitrators at his own discretion. Although the number of arbitrators is entirely at the discretion of the person appointed, he will generally not be entitled to an amount of € 1,000.00 (in words: one thousand euros) in the event of a financial interest, insofar as can be foreseen at the time of appointment. exceeds, choose to appoint only one arbitrator. 

11.7
The language of the arbitration is Dutch. 

11.8
The legal venue of the arbitration is Zoetermeer. In the case of independent summary proceedings as referred to in Article 42a-o of the NAI Arbitration Rules, Zoetermeer also applies as the legal place of arbitration. 

11.9
The parties exclude the jurisdiction of the arbitral tribunal to hear summary arbitral proceedings without and/or prior to and/or during the arbitral proceedings on the merits. 
1.  Scheidslieden zullen beslissen als goede mannen naar billijkheid.
2. In the arbitration proceedings, the defendant shall be entitled to invoke set-off against a claim accruing to it that is itself eligible for set-off, even if the claim in question falls outside the scope of arbitration set out in Article 15.2 of this Agreement, so long as it is subject to arbitration.

11.10 
Combining an arbitral clause to be conducted on the basis of this agreement with another arbitral procedure, whether or not to be conducted on the basis of this agreement, is excluded by the government court. 

11.11
When determining a possible cost order, the arbitral tribunal will base its decision on the actual judicial and extrajudicial costs which, according to the documents to be submitted in the arbitration proceedings, will be borne by the parties. 

11.12
All parties undertake towards each other to observe secrecy in and out of court and to waive the right to provide evidence with regard to everything that has become known to them exclusively through arbitration proceedings, subject to a further, deviating, written or electronic agreement. 

11.13
The arbitral tribunal will be allowed to give its decision in the form of a binding advice. 

Article 12. Other provisions

12.1
The user is not permitted to transfer the agreement between Videolancer.co and the user, in whole or in part, or any ensuing right or obligation to a third party, without the prior written consent of Videolancer.co. 

12.2
If any provision of the Terms and Conditions is found to be void, invalid, unenforceable or illegal, the remaining restrictions of the Terms and Conditions will remain in full force and effect. 

12.3
Videolancer.co may change its terms and conditions from time to time, without any notice to its users, unless required by law. The changes to the terms and conditions are effective when we publish them on the app. 

12.4
All content on the app and compilation of content of the app, such as text, images, logos, icons, audio clips, digital downloads and software are the property of Videolancer.co and are protected by copyright. 

12.5
In addition to these Terms and Conditions, the answers to the frequently asked questions, published on the app, also apply as conditions for the use of Videolancer.co and its services.