General Terms and Conditions for the use of Zoofy.nl as a professional
1 VALIDITY AREA
- Zoofy BV, Amstelveenseweg 88-4, 1075 XJ, Amsterdam, the Netherlands, registered with the Chamber of Commerce under number 63693771 (hereinafter: ZOOFY) has as its main objective the bringing together of supply and demand so that it is for private individuals and companies CUSTOMER / CLIENT) it is possible via the website zoofy.nl (hereinafter: PLATFORM) to easily hire professionals registered at the Chamber of Commerce (hereinafter: PROFESSIONAL) for the performance of work (hereinafter: KLUSSEN). The use of our platform as well as the other services of ZOOFY are exclusively in accordance with these General Terms and Conditions.
- Deviations from these General Terms and Conditions must be expressly permitted by ZOOFY.
- Unless otherwise agreed, the General Terms and Conditions in the version valid at the time of registration by PROFESSIONAL, or in the latest version communicated to him in writing, serve as a legal framework for facilitating the conclusion of (further) agreement between PROFESSIONAL and CUSTOMER / CLIENT.
2 SUBJECT MATTER OF THE AGREEMENT
- PROFESSIONAL is registered with the Chamber of Commerce and performs professional jobs / repairs in the broadest sense of the word for private individuals and companies.
- These General Terms and Conditions apply to the continuous use of facilities made available by ZOOFY for the conclusion of agreements between PROFESSIONAL and CUSTOMER / CLIENT regarding the performance of work and the commercial settlement of such agreements between CUSTOMER / CLIENT and PROFESSIONAL by ZOOFY.
- No contract for work is concluded between ZOOFY and the PROFESSIONAL nor between ZOOFY and the CUSTOMER / CLIENT by order of the Craftsman. When confirming a job request, PROFESSIONAL enters into an agreement with the CUSTOMER / CLIENT.
- ZOOFY continuously facilitates the conclusion of an agreement for work between PROFESSIONAL and the CUSTOMER / CLIENT on behalf of the PROFESSIONAL and receives a commission from the PROFESSIONAL on the total amount invoiced for work performed under this agreement for work.
- Payments from the CUSTOMER / CLIENT for the work performed are facilitated by ZOOFY through a licensed payment service provider (payment service provider). CUSTOMER / CLIENT always pays ZOOFY via Tikkie, iDeal or by bank transfer.
- ZOOFY checks the registration and confirms the registration to the Craftsman by e-mail after the check has been completed, while also announcing that the full user account can be used to receive job requests. At that time, the user agreement is concluded between ZOOFY and PROFESSIONAL, to which these General Terms and Conditions apply.
- The PROFESSIONAL authorizes ZOOFY by concluding the user agreement at the same time as a representative with the authority to conclude agreements on behalf of PROFESSIONAL and to represent the PROFESSIONAL towards the CUSTOMER / CLIENT. For the rest, the PROFESSIONAL, by concluding the user agreement, also agrees that the data required for payment processing will be shared with ZOOFY.
3 CONCLUSION OF THE USER AGREEMENT
- The Craftsman requests ZOOFY to be allowed to use the facilities of ZOOFY (user agreement) by agreeing and accepting these General Terms and Conditions and by registering and registering on the platform. When registering, the Craftsman must truthfully state the data in accordance with Article 6, paragraph 1, and submit any documents mentioned therein.
- ZOOFY receives requests via the platform, via the ZOOFY app, by telephone, by sms or by e-mail for work by CUSTOMER / CLIENT AND (job request or offer) and sorts the job request by location, time and to be executed activities.
- ZOOFY facilitates the CUSTOMER / CLIENT's job request and automatically searches for suitable PROFESSIONAL MAN and forwards the job request (as a rule by e-mail, text message, via the ZOOFY portal, the ZOOFY app or by telephone).
- The Craftsman informs ZOOFY via the platform, via the ZOOFY app, by telephone, by SMS or e-mail whether he accepts a job request from a CUSTOMER / CLIENT. If a Craftsman accepts the job request, the job request will be blocked for any other Craftsman.
- ZOOFY accepts the offer from the CUSTOMER / CLIENT on behalf of the Craftsman who was the first to accept the job request by informing the CUSTOMER / CLIENT about this by e-mail and confirming the order. This concludes an agreement for work between PROFESSIONAL and the CUSTOMER / CLIENT.
- ZOOFY acts as a mediator and is not a party to the contract for work.
- The Craftsman implements the agreement concluded with his CUSTOMER / CLIENT
perform work under your own responsibility and liability. ZOOFY is not responsible and / or liable for the implementation and performance of the agreement for work by the skilled person.
5 OTHER DUTIES OF ZOOFY
- ZOOFY is mandatory to
- a) manage the platform and offer the services of PROFESSIONAL there with the specialism (s) indicated by him or her and location for activities;
- b) to constantly manage a user account for PROFESSIONAL, on which the contract concluded for work that has been established using the facilities of ZOOFY can be viewed.
- c) send matching job requests from the CUSTOMER / CLIENT to the PROFESSIONAL on the specialty (s) and location offered by the Craftsman;
- d) in case of a commitment by the Craftsman to the CUSTOMER / CLIENT to accept the job application on his or her behalf;
- ZOOFY draws up invoices for the work carried out on the basis of data entered by PROFESSIONAL and arranges dispatch to the CUSTOMER / CLIENT.
- ZOOFY processes the bookings and cancellations of the CUSTOMER / CLIENT (the ZOOFY is free to charge the CUSTOMER / CLIENT its own cancellation costs). If the CUSTOMER / CLIENT wishes to change an appointment for work or to cancel the booking, ZOOFY will immediately inform PROFESSIONAL of this by text message, e-mail, push message or telephone.
- ZOOFY receives complaints from the CUSTOMER / CLIENT and forwards them to the Craftsman, who can check them and possibly resolve them. The Craftsman informs ZOOFY if an invoice is not to be sent due to complaints or if the CUSTOMER / CLIENT must receive a credit note. ZOOFY is also free to offer the CUSTOMER / CLIENT a suitable solution and to charge these costs to the skilled person. ZOOFY will inform PROFESSIONAL of this in advance by e-mail, text message or telephone.
6 DUTIES OF THE PROFESSIONAL
- When registering on the platform, the Craftsman sends or provides the following data / documents to ZOOFY:
- a) Valid name and address data (company name, first name last name, business address, Chamber of Commerce and VAT number)
- b) his / her specialty (s) and location, or possible locations of work offered; c) e-mail address, telephone number;
- d) valid and complete bank details;
- ZOOFY has the right to request references about activities such as PROFESSIONAL - for example from former clients -.
- In the event of a change to the above information, the Craftsman is obliged to immediately inform ZOOFY thereof. Moreover, the Craftsman hereby confirms that he is aware that without submitting the requested data and documents, job requests cannot be forwarded to the Craftsman.
- After completing every job obtained through the ZOOFY PLATFORM, PROFESSIONAL will prepare an invoice for the work performed in the application developed by ZOOFY. An invoice consists of the labor costs for hours worked and the material used. After shipment, ZOOFY will ensure the correct delivery of this invoice to the CUSTOMER / CLIENT via e-mail or post.
- Because PROFESSIONAL is not employed by ZOOFY as an employee, PROFESSIONAL itself is responsible for the correct payment of taxes and premiums and for entering into disability insurance and liability insurance with adequate coverage.
- There is no obligation for PROFESSIONAL to accept job requests. The Craftsman authorizes ZOOFY to accept job requests and to hand over the declarations necessary for the completion of the assignment in accordance with its instructions.
- The Craftsman informs ZOOFY via the platform or by telephone about changes in the short term with regard to work already booked, in particular when it is expected that such a delay will occur, so that ZOOFY can immediately inform the CUSTOMER / CLIENT.
- If work is not carried out due to PROFESSIONAL or if PROFESSIONAL does not submit an invoice for an accepted job request within 7 days of the execution date, ZOOFY will charge the PROFESSIONAL a standard amount (HANDLING FEE) of € 34.15 (incl. VAT) for lost income .
- The Craftsman agrees with the submission of his address and contact details to the CUSTOMER / CLIENT, insofar as these are explicitly requested by the CUSTOMER / CLIENT, the request is related to a booked order and there is a demonstrable reason for this (for example, handling claims against the skilled person).
- CUSTOMER / CLIENT enters into a distance agreement with PROFESSIONAL. This means that the CUSTOMER / CLIENT can dissolve the agreement within 14 calendar days of receiving confirmation without giving reasons. This does not apply if:
- a) the job is fully completed within the cooling-off period
- b) the application concerns an emergency repair. Under emergency
is understood to be a job that must be carried out within 4 hours of the application. These jobs are offered on PLATFORM under the options: URGENT
- If a CUSTOMER / CLIENT cancels less than 24 hours before the start of the work, the Craftsman can claim the agreed fee at the price for one hour of work, if and insofar as the CUSTOMER / CLIENT has this through the payment service provider paid.
- ZOOFY will charge the relevant fees, or cancellation costs, to the CUSTOMER / CLIENT on behalf of PROFESSIONAL, unless PROFESSIONAL immediately indicates otherwise to ZOOFY after the cancellation has been notified.
8 COMMISSION AND PAYMENTS
- All payments from the CUSTOMER / CLIENT to the Craftsman for the reimbursement of the work are made through ZOOFY.
- The current prices for work are stated on the platform and are sent to PROFESSIONAL with every job request. The prices apply per hour or if so indicated for a fixed rate. ZOOFY has the right to update prices. ZOOFY must inform PROFESSIONAL about this in good time. PROFESSIONAL is then free to decide whether or not to take on work (or request for a job) at the updated price. If the CUSTOMER / CLIENT wishes to receive a price indication for the planned work, the Craftsman is free to agree on a total price with the CUSTOMER / CLIENT.
- For facilitating the conclusion of an agreement for work between CUSTOMER / CLIENT and PROFESSIONAL and the services provided, ZOOFY receives a commission from the PROFESSIONAL. The commission is 15% on the total invoiced amount for the work performed.
- ZOOFY is entitled to withhold from the PROFESSIONAL commission the fees / cancellation costs paid by the CUSTOMER / CLIENT - in accordance with Article 7 of these General Terms and Conditions.
- ZOOFY uses a system of 'reversed billing'. After completing every job (job request), ZOOFY will send the PROFESSIONAL a e-mail or in the application developed by it a specification of the compensation that PROFESSIONAL receives for the completed job. ZOOFY will keep the amount paid by the CUSTOMER / CLIENT for the Craftsman. The payment of the fees paid by the CUSTOMER / CLIENT to the payment service provider usually takes place twice a month.
- The first payout period usually falls on the 15th day of the month, the second payout period falls on the last day of the month.
- ZOOFY keeps payments for work in custody for a period of at least 14 days, during which the CUSTOMER / CLIENT can report complaints about the work performed. This means that jobs that are invoiced between the 1st and 15th of the month are paid out on the last day of the month. Jobs that are invoiced between the 15th and last day of the month are paid out on the 15th of the following month.
- ZOOFY pays the Craftsman the fees paid by the CUSTOMER / CLIENT minus the ZOOFY commission. The service fee that the CUSTOMER / CLIENT pays directly to ZOOFY is not part of the reimbursement from which PROFESSIONAL can derive rights.
- If the agreed job agreement between PROFESSIONAL and CUSTOMER / CLIENT is not performed without prior notice from PROFESSIONAL prior to the commencement of the work, and the CUSTOMER / CLIENT therefore does not pay, ZOOFY is entitled to the full commission.
- If PROFESSIONAL cancels less than 24 hours before the start of the assignment due to a circumstance that can be attributed to PROFESSIONAL, ZOOFY is entitled to the full commission. The same applies in the event that the CUSTOMER / CLIENT refuses to pay on the basis of a faulty performance of the work or submits a complaint about the communication / actions of the Craftsman.
- The Craftsman is responsible for collecting unpaid fees, although ZOOFY takes on the entire collection project if, after completion of the work, Craftsman has received a signature from the CUSTOMER / CLIENT and no complaints have been received regarding the work.
- The commission to be paid by PROFESSIONAL to ZOOFY and / or the lost commission charged may be deducted from the payment to be received from PROFESSIONAL. PROFESSIONAL will be charged an amount of € 34.15 for cancellation less than 24 hours before the start of the job and / or for failure to show up and / or poor performance of the job.
- If the Craftsman wants to deliver further work of any kind to a CUSTOMER / CLIENT (or is requested by a CUSTOMER / CLIENT to deliver it) for which the Craftsman has received an order from ZOOFY in the last 24 months, the Craftsman points out CUSTOMER / CLIENT that a job request via ZOOFY is required for this. FIELD
MAN must immediately inform ZOOFY about this, after which the confirmation of the job is immediately put in the name of the skilled person.
- If the Craftsman accepts new requests for work from a CUSTOMER-CLIENT related to ZOOFY that is not settled via the platform, ZOOFY is entitled to payment of a reasonable compensation for commission loss of 500 euros excluding VAT.
- If the Craftsman charges work (or part of the work) outside of ZOOFY to a CUSTOMER / CLIENT, ZOOFY is entitled to payment of a reasonable compensation for commission loss of 500 euros excluding VAT.
- ZOOFY is not liable for the execution of the contract for work by the Craftsman and / or the CUSTOMER / CLIENT.
- For the rest, ZOOFY is liable in accordance with the legal regulations in the event of a violation of contractual and non-contractual obligations by ZOOFY. However, ZOOFY is only liable for compensation - irrespective of the legal basis - for intent and gross negligence. In the event of gross negligence, ZOOFY is only liable for damage as a result of a violation of the General Terms and Conditions for use of the platform as a craftsman.
- The pages on the ZOOFY website contain links to websites that are managed by third parties and which content ZOOFY may not be aware of. Links to other websites are only intended to facilitate navigation. ZOOFY is not responsible for the content of other websites.
- For the implementation of the agreement to work with the CUSTOMER / CLIENT and / or user agreement with ZOOFY, PROFESSIONAL expressly undertakes not to conclude an employment contract with ZOOFY. The content of the agreement for work is agreed between PROFESSIONAL and CUSTOMER / CLIENT.
- The user agreement, to which these General Terms and Conditions apply, runs indefinitely and can be terminated immediately by both parties at any time. The cancellation must be in writing; a communication by e-mail is sufficient.
- If the user agreement is canceled by ZOOFY in connection with circumstances attributable to PROFESSIONAL, ZOOFY is entitled to cancel any remaining bookings, or agreement for work of the relevant PROFESSIONAL with the CUSTOMER / CLIENT on behalf of PROFESSIONAL.
- If the user agreement is canceled by PROFESSIONAL for whatever reason, ZOOFY is irrevocably entitled to immediately terminate the agreement for work on behalf of PROFESSIONAL for ongoing and non-executed bookings and to inform the CUSTOMER / CLIENT thereof.
- ZOOFY has the right to stop sending job requests to the craftsman if he does not accept job requests for more than a month. At the request of the PROFESSIONAL, the transmission can be resumed at any time.
- ZOOFY also has the right to stop sending job requests to the Craftsman if:
- a) a CUSTOMER / CLIENT has complained several times about the work performed by PROFESSIONAL
- b) the average of CUSTOMER / CLIENT assessments for Craftsman is below the standard that ZOOFY sets of at least 3.5 stars based on a 5 star system
- c) PROFESSIONAL does not comply with the agreements as written in these General Terms and Conditions. Removal of the platform still means that all mentioned articles apply.
- d) other circumstances occur that, in ZOOFY's opinion, are unacceptable
12 FINAL PROVISIONS
- The Craftsman agrees that during the term of the user agreement with ZOOFY and for up to six months thereafter, ZOOFY will contact him by e-mail, telephone or post to improve or extend the offers on the PLATFORM. inquire about his satisfaction with offers on the platform and inform him about additions, extensions, novelties and collaboration offers.
- The Craftsman has the right during the term of the collaboration to execute and execute other assignments for CUSTOMER / CLIENT not obtained through ZOOFY, even without ZOOFY being aware of this.
- The parties are obliged to comply with the legal requirements regarding the protection of personal data. The Craftsman uses the personal data of the CUSTOMER / CLIENT that is shared with him in the context of a booking request, exclusively for the fulfillment of the relevant agreement concluded between the CUSTOMER / CLIENT and ZOOFY.
- ZOOFY and the CRAFTSMAN treat data from CUSTOMER / CLIENT AND, procedures, services to be provided by the parties and the commission (also after termination of the cooperation) strictly confidential, if and insofar as they are not required in accordance with statutory regulations or contractual agreements have the right to do so to share.
- ZOOFY reserves the right to change these Terms and Conditions at any time. The conditions are made available to PROFESSIONAL by e-mail or with every job application by means of a link. If PROFESSIONAL does not object to the validity of the new General Terms and Conditions within two weeks of receiving the e-mail, the changes to the General Terms and Conditions will apply as agreed.
- Dutch law applies to this agreement