The following definitions are used, in singular and plural form, in these Conditions of Use:

The services provided by BusyBe, offered by means of the website, consist of, among other things, offering a platform on which Contractors and Clients can connect in order to place work and find work to be performed in the form of self-employment.

The natural or legal person offering the Work respectively commissioning the Work to a Contractor via the Website.

The natural or legal person who makes themselves available via the platform to perform work activities upon request of a Client; respectively signs up for or responds to one or more Work offers of the Client. The Contractor will perform the Work activities under the stipulations of a Tri-Party Agreement.

www.busybe.co.uk and all its affiliates, and the related Apps.

All Work activities which are posted to the website and are requested by the Client to be executed by the Contractor.

• a platform to place Work

• a platform where Work can be acquired

• Agreements (including a Tri-Party Agreement)

• invoicing for Contractors

• payments

BusyBe hereby grants the Client permission to use the platform.

BusyBe cannot be held accountable for any content placed on the platform or on its website.. However, BusyBe will take all required measures to ensure correctness, validity and completeness of the information.

You are able to become a Client once you have registered as a Client with BusyBe by creating an account on the platform. The minimum requirements to register as a Client are:

• registration with the Companies House and HMRC

• contact/invoice details

• work email address

• bank account number

The Client places Work with BusyBe by submitting a completed work form. After having submitted the work form, the Work will be visible for Contractors within 1 hour and remain visible until the Tri-Party Agreement has been entered or the Work has been withdrawn or altered. The Client may withdraw or alter the Work as long as no Tri-Party Agreement is entered.

The Client remains the owner of all content and information that is posted onto the BusyBe website. For all content considered intellectual property, such as photographs (IP content), the Client will agree explicitly to the following: the Client grants a non-exclusive, transferable, royalty-free, worldwide license to use all IP content which the Client places on BusyBe (IP license). This IP license terminates once the Client deletes IP content or his/her account.

For any Agreements entered by the Contractor and the Client via Mediation of BusyBe, a user fee of GBP 3.25 (net of VAT) is owed for each labour hour by the Client to BusyBe. An invoice for the user fee will be sent to the Client 14 days by BusyBe and this invoice is to be paid by the Client within 14 days of the invoice date.

In case of the Contractor’s claim on the Client being sold to BusyBe by means of factoring, the Client is only able to make a liberating payment to BusyBe. The Client will be informed by a statement on the invoice of the sale and transfer.

BusyBe cannot be held accountable for and does not offer any guarantees regarding filling, placing or availability of the Work. BusyBe is not liable for any damages suffered or costs involved in not filling, withdrawal, altering or cancellation of the Work. BusyBe is not liable for the agreement entered by the Contractor and the Client, nor for the execution of the Agreement. BusyBe is solely responsible for connecting supply and demand. The Contractor and the Client are themselves responsible and accountable for the correct use and execution of the Work.

BusyBe is neither accountable for:

any damages resulting from not complying with one or more of the stipulations of these Conditions of Use; and payments based on the Agreement between the Contractor and the Client, complying, by any means, with the Agreement entered by the Contractor and the Client

Furthermore, as far as BusyBe is liable, this liability is limited to GBP1000. – per incident and to GBP 5000.- per year. Indirect and resultative damage are expressly excluded.

The Client and BusyBe both have the right to terminate the registration at any time, without providing reason and without being liable for any damages resulting from this termination.

BusyBe provides the Contractor and the Client with a template for a Tri-Party Agreement. Parties are free to make other arrangements but will not deviate from Articles 2 to 10 in the template. BusyBe can however not ensure the occurrence or existence of an employment relationship between the Contractor and the Client. Both parties, the Contractor and the Client need to make clear arrangements regarding this, these arrangements need to be in line with the existing legislation. Moreover, the factual situation between the Contractor and the Client must correspond with what is recorded in the template agreement.

The Agreement is entered by the Client and the Contractor which means that BusyBe is not a Party in this Agreement. BusyBe is not accountable for the level of quality of the Work performed by Contractors or the quality of the Work placed by Clients.

BusyBe is not in any way accountable or responsible for acts or omissions by the Contractor or the Client. BusyBe is not responsible for the information provided by the Clients in the Work form or in case of the Contractor not observing the applicable laws and regulations, intellectual property rights and privacy laws for third parties.

The Contractor will perform work activities with a maximum of 650 hours per year for the same Client based on one or more agreements as described in article 7.

BusyBe is entitled to (temporarily) suspend the operation of the website or to limit its operations in case of this being required for, for instance maintenance or adjustments to the website, without any rights to compensation by BusyBe as a consequence.

BusyBe makes all reasonable efforts to secure and protect its systems against loss and/or any form of illegitimate use. BusyBe implements suitable technical and organisational measures, taking into account, among other things, the state of technology.

• a review may not contain libellous, vulgar, obscene or racist language

• a review may not contain personal details of the Contractor

• a review may not contain links and/or scripts

• review should be posted by the Client and should refer to the Contractor who executed the Work

BusyBe reserves the right to exclude the Client from any (further) use of the Website, by blocking and/or removing their account, without having to reimburse collected payments in case of:

• the Client’s actions contravening with these Conditions of Use

• the Client violating (intellectual property) rights of third parties

• the Client running an employment agency or comparable business

• the Client placing a review with Work which was posted on the Website by the Client themself

• the Client contravening with the applicable laws and regulations

• the Client showing inappropriate behaviour, being insulting, vulgar, obscene and/or racist towards BusyBe staff or Contractors

BusyBe is not bound to fulfil any obligations in case of being hindered due to force majeure. Among other things, third party and/or subcontractors which BusyBe makes use of, not delivering is considered force majeure.

The Website contains referrals (hyperlinks, banners or buttons) to third party websites. BusyBe has no control over these websites and is not responsible for its content and/or policies, for instance its privacy policy.