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TERMS AND CONDITIONS FREELANCERS
1DEFINITIONS

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

1.1 THE SERVICE

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.

1.2 THE CLIENT

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

1.3 THE CONTRACTOR

The natural or legal person who makes him or herself 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 an Agreement.

1.4 THE WEBSITE

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

1.5 THE WORK

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

2GENERAL2.1 FACILITIES2.1.1 BusyBe facilitates
  • a platform to place Work
  • a platform where Work can be acquired
  • Agreements (including a Tri-Party Agreement)
  • invoicing for Contractors
  • payments
2.1.2 BusyBe is, at all times, entitled to amend or supplement these Conditions of Use.2.1.3 Any deviations from these Conditions of Use are only valid if these have been explicitly agreed in writing via email between BusyBe and the Client.2.2 USAGE RIGHTS

BusyBe hereby grants the Client permission to use the platform.

2.3 CONTENT

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.

2.4 INDEPENDENCE2.4.1 The Contractor acknowledges that BusyBe is merely a means to run their own company.2.4.2 BusyBe does not in any case, ensure the independence of the Contractor.2.4.3 BusyBe makes the number of hours worked per Client comprehensible for the Contractor.2.4.4 The Contractor can work a maximum of 650 hours per year for a Client, so that at least 3 Clients can be worked for in 12 months.
3REMUNERATION, INVOICING AND PAYMENT3.1 INVOICING

BusyBe invoices in the name of the Contractor. The Client consequently pays BusyBe and BusyBe pays the Contractor on behalf of the Client by crediting via reversed billing. The Contractor ensures that BusyBe is able to invoice the Client on behalf of the Contractor duly, meaning that the specifications of the executed work activities are known to BusyBe within 2 days of the Work being finished. The BusyBe invoice explicitly states that BusyBe invoices on behalf of the Contractor.

3.2 AUTHORISATION

Authorisation is hereby explicitly given by the Contractor to BusyBe, to send invoices to the Client for the Work and to receive payments from the Client for the Contractor.

3.3 FACTORING

In order to receive the remuneration within 7 days after the Work finishes, the Contractor will offer the claim arising from the Work from the Client for sale or transfer to BusyBe, in accordance with the “Trade Receivables Purchase Agreement” (hereinafter: “the Purchase Agreement”), undersigned by the Parties as Appendix 1 attached to this document. The Purchase Agreement is entered by The BusyBe Ltd. and the Contractor.

3.4 MANDATE

The Contractor hereby grants irrevocable mandate to The BusyBe B.V.. to (a) realise a sale and transfer as meant under sub 3.3 in accordance with what is stipulated in the Purchase Agreement and (b) payment of the by the BusyBe B.V. owed claims owed purchase price.

3.5 PAYMENT

Regarding payment, BusyBe exclusively acts as a cashier.

Payment by BusyBe to the Contractor liberates the Client from payment obligation towards the Contractor. BusyBe is not in any way responsible for the actual payment by the Client to the Contractor. The default risk lies with the Client and Contractor at all times. Debtor risk always lies with the Contractor.

Payments will first serve the earliest dated outstanding invoices, regardless of invoice details.

3.6 REIMBURSEMENT

If a by The BusyBe Ltd. bought claim from the Contractor requires to be reimbursed to The BusyBe Ltd. on grounds of and as determined in the Purchase Agreement, then The BusyBe Ltd. will communicate this directly to the Contractor and the Contractor will reimburse the amount as meant in article 10 of the Purchase Agreement to The BusyBe [within 2 days], without prejudice to the rights of The BusyBe Ltd. towards the Client on grounds of the sale and transfer of the claim.

3.7 INTELLECTUAL PROPERTY

The Contractor remains the owner of all content and information that the Contractor posts on the BusyBe website and platform. For content that is subject to intellectual property rights, such as photos (IP content), the Contractor expressly grants us the following permission: The Contractor grant us a non-exclusive, transferable, royalty-free, worldwide license to use any IP content that you post on BusyBe (IP License). This IP license terminates when the Contractor deletes their IP content or account.

3.8 SHARING E-LEARNING OUTCOMES

The Contractor grants permission to BusyBe to share test results supplied by the Contractor via the BusyBe platform with the Client for the Profile. This permission may be revoked at any time by the Contractor.

3.9 REMUNERATION

The Contractor receives an hourly rate for the performance of the Work, excluding VAT and other levies imposed by the government.

3.10 OTHER REMUNERATIONS

Included in the remuneration are travel costs, accomodation costs, any possible equipment costs, other expenses and travel time. These costs and their related hours, like for instance travel time, are therefore not remunerated separately.

4LIABILITY

BusyBe solely acts as intermediary and will provide some services in that capacity. BusyBe is therefore not involved in the (execution of the) Work. The agreement is entered into by and between the Contractor and the Client and BusyBe is not a party to it.

5INSURANCE

The Contractor has obtained Third Party Public Liability insurance cover in respect of their legal liability for bodily injury or damage to third party property for individual claims not exceeding £1 million per claim. The limits and exclusions in this clause reflect the insurance cover the Contractor has been able to obtain and the Client is responsible for making your own arrangements for the insurance of any excess loss.

6TERMINATION

The Contractor and BusyBe are entitled to terminate the registration at any time, without providing reason and without the other party being accountable for damages resulting from the termination.

7AGREEMENT7.1 DEVIATIONS

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 Client not observing the applicable laws and regulations, intellectual property rights and privacy laws for third parties.

7.2 650 HOURS

In case of the Contractor and the Client entering an employment contract, without the mediation of BusyBe, before the Contractor has worked 650 hours for the Client, the Contractor will owe BusyBe a compensation under the following calculation: (650 minus the number of hours worked by the Contractor for the Client via the platform) multiplied by GBP 1.- net of VAT.

7.3 REIMBURSEMENT

The Contractor will notify BusyBe immediately, or at least within 14 days, in case of an employment contract, without mediation of BusyBe, being entered by the Contractor and the Client, in default of which, the Client will owe an immediately payable fine of GBP 3,000.-.

8MAINTENANCE

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.

9RATINGS9.1 A Contractor is entitled to add a rating to a Client’s profile after executing labour activities for the Client. The Contractor enters the required information to form the rating.9.2 The Contractor warrants the information in the review to be truthful and bona fide and indemnifies BusyBe of any liability of a third party in this.9.3 BusyBe is entitled to remove a rating at all times. BusyBe may do so in case of, though not exclusively, being notified of a review being inaccurate, unreliable or indisputably wrongful, or if it does not meet the requirements in any other way.9.4 A review must at least meet the following requirements:
  • 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
  • a review should be posted by the Contractor and should refer to the Contractor who executed the work
10MISCELLANEOUS10.1 MAXIMUM NUMBER OF HOURS

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.

10.2 APPROVAL

The Contractor will not enter any other agreements with the Client than one or more labour agreements as described in article 7, without prior consent of BusyBe .

10.3 REPLACEMENT

The Contractor is free to have themself replaced via the BusyBe platform or any other manner. The Contractor will notify the Client about who will perform the Work on his behalf prior to the replacement being arranged. In this, the Client does not have the right to refuse the replacement(s). In the event of replacement, the Contractor has a valid reason as a result of which they cannot work the service and will notify the Client prior to Work who is performing the work on his/her behalf as a replacement. It is not allowed to arrange replacement in advance and to act as an intermediary through our platform.

10.4 TERMINATION

In case of the Contractor terminating the Agreement outside the agreed termination period, article 10.3 will come into force. In case of no replacement being organised by the Contractor, the Client for that particular job will make a selection. The Client indicates per job whether or not they were satisfied about how the no-show or annulment was dealt with by the Contractor. There are no consequences for the Contractor in case of all parties being satisfied. If this is not the case, the following process comes into force:

Each Client will be notified of the annulment by the Contractor for future jobs if the Contractor is matched with their Work. The Clients are given the option to cancel the match. In case of this occurring outside the cancellation period, the possibility to claim the Work by the Contractor is cancelled.

For any future Work to which the Contractor applies, but without a match so far, the response is cancelled

The Contractor is offered the choice to remain active on the platform via an email. They can do so by paying a deposit of GBP 100.-. The Contractor is required to respond within 72 hours (3 days) indicating their choice

In case of the Contractor opting to pay the warrant, they receive a payment link by email in order to make the payment, within the payment term of 24 hours (1 day)

In case of the Contractor not responding within the term of 72 hours (3 days) to remain active on the platform, and/or the term of 24 hours (1 day) for the warrant payment, the Contractor will be automatically taken off any Work for which there was a match. The Contractor will no longer be able to apply for new Work

The Contractor may claim the refund of the deposit as soon as they have executed 3 jobs consecutively without the occurrence of a no-show or an cancelling outside the cancellation period. The Contractor will have to contact BusyBe ([email protected]) in order to claim the warrant. Six months after paying the warrant, the GBP 100.-. deposit will automatically be transferred back to the Contractor

11ACCOUNT11.1 An account needs to be set up in order to use the Services offered by BusyBe, how to do this is explained on the website11.2 An account can only be activated once BusyBe has accepted the written request to place the account. BusyBe is entitled to refuse or remove (setting up) an account and/or an offer or other information proposed by the Contractor without giving reason11.3 The Contractor is provided a password for the account. This password is strictly personal and the Contractor is not allowed to give access to third parties. The Contractor is responsible for all use of their account and grants BusyBe indemnity against all damages or other claims made or suffered by third parties when making use of their account11.4 BusyBe is entitled to change the password in case of this being necessary for the Service to function properly.
12EXCLUSION

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

  • the Contractor’s actions contravening with these Conditions of Use
  • the Contractor violating (intellectual property) rights of third parties
  • the Contractor running an employment agency or comparable business
  • the Contractor contravening with the applicable laws and regulations
  • the Contractor reacting to Work on the platform which has been published by the Contractor themselves
  • the Contractor showing inappropriate behaviour, being insulting, vulgar, obscene and/or racist towards BusyBe staff or Clients
13FORCE MAJEURE

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

14REFERRALS AND PERMISSIONS

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

15SECURITY

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

16UK LAW

This Contract and any issues arising out of, or connected to it, are governed by English law

17

LAW AND JURISDICTION 23.1 The Agreement and all disputes or claims arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England. 23.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle all disputes or claims that arise out of or in connection with the Agreement or its subject matter