ButlerBuddy

​GENERAL TERMS AND CONDITIONS OF BUTLERBUDDY

1. General

These General Terms and Conditions apply to all legal acts ensuing from the intermediary network www.butlerbuddy.nl and www.butlerbuddy.com ("Platform" or "Network").ButlerBuddy BV, Utrechtseweg 79, 1213 TM Hilversum in the Netherlands ("ButlerBuddy") facilitates a platform where consumers (private individuals or businesses) ("User") can book domestic and other services ("Services") in the broadest sense of the word.In its capacity of private individual, the service provider can offer domestic services under the "Domestic Services Scheme". In a business context, the Service Provider can also offer services in the desired legal form.Registration with the Chamber of Commerce is a requirement in order to be able to offer services outside the regular household.The Service Provider and his accountant can also be Client and hire other Service Providers.To that end, the profile must be completed in full.

The user is explicitly referred to the information on the website of the central government:

http://www.rijksoverheid.nl/onderwerpen/arbeidsovereenkomst-en-cao/vraag-en-antwoord/welke-regels-gelden-er-voor-dienstverlening-aan-huis.html

The user is expected to assess for himself if the conditions that govern this Scheme also apply to any domestic services to be booked by him.Any consequences of this Scheme not being applicable are at the expense and risk of the user.

If the user decides to offer his services in a legal form, the following information from the central government has to be taken into account:

http://www.rijksoverheid.nl/onderwerpen/zelfstandigen-zonder-personeel-zzp/vraag-en-antwoord/wat-is-een-verklaring-arbeidsrelatie-var-en-heb-ik-die-nodig.html

Again, any consequences of failure to comply with the rules are at the expense and risk of the user.

In order to use the website www.butlerbuddy.nl or www.butlerbuddy.com, the user has to carefully read the General Terms and Conditions for the use of ButlerBuddy ("General Terms and Conditions").The General Terms and Conditions can be saved and printed off via the browser.

ButlerBuddy itself does not offer any services and/or activities, but only facilitates* in a network where users and service providers can come to an agreement for services.Within that context, ButlerBuddy acts as an authorised representative for the service provider; on behalf of the Service Provider, ButlerBuddy accepts (subject to the approval from the service provider) and confirms booking requests from the user, it forwards payments from the user to the Service Provider and it prepares invoices in the name of the service provider.

In principle, the user concludes two agreements:first an intermediary agreement with ButlerBuddy about the use of the platform ("General Terms and Conditions"; the terms and conditions of this agreement are regulated in the provisions below).In addition, the User and the Service Provider conclude an agreement for the execution of domestic services ("Butler Agreement"). * whenever these General Terms and Conditions use a form of the word 'facilitate', it refers to the mediation for the conclusion of a service agreement between the User and the Service Provider.

2. Definitions

  • 1.ButlerBuddy:ButlerBuddy is the trade name of the private limited company ButlerBuddy B.V. ButlerBuddy was incorporated under Dutch law, it is registered with the Chamber of Commerce (file reference no.: [no.]) and has its registered office at Utrechtseweg 79, 1213 TM in Hilversum, the Netherlands.
  • 2.AccountingBuddy:AccountingBuddy is a subsidiary of ButlerBuddy, taking care of supporting administrative services for the Service Provider.AccountingBuddy is the trade name of the private limited companyAccountingBuddy B.V. AccountingBuddy was incorporated under Dutch law, it is registered with the Chamber of Commerce (file reference no.: [no.]) and has its registered office at Utrechtseweg 79, 1213 TM in Hilversum.
  1. Platform & Network:www.butlerbuddy.nl and www.butlerbuddy.com and other domain names and applications connected to ButlerBuddy.
  2. Visitor:every natural person or legal entity visiting the platform of ButlerBuddy.
  3. User:every natural person or legal entity registered on the platform of ButlerBuddy.
  4. User Profile:the online registration form and all additional information added by the User when he is admitted to the network.
  5. Client:the User who wishes to outsource a Contract to a Service Provider.
  6. Service Provider:the User who wishes to undertake a Contract for a Client and who has completed the Screening and Verification Process.
  7. Buddies:Service Providers who undertake contracts for you on a regular basis, but also acquainted households or businesses with which you have a professional relationship.
  8. Butler Agreement:this is the agreement between the Client and Service Provider that is created upon booking and acceptance by both parties during the booking process.
  9. Screening and Verification Process:the process to be completed by Service Providers before they can accept and undertake a Contract.
  10. Payment:payment of the full contract price by the Client.
  11. Booking:the Contract agreement between the Client and the Service Provider that is concluded via the "Platform", see also "Contract".
  12. Cancellation:when the Client or Service Provider wishes to terminate an outstanding Contract before the commencement date.
  13. No-Show Policy:the policy pursued if the Service Provider or the Client fail to comply with an agreed Booking.
  14. Contract:the Client books a service offered by a Service Provider, which is determined at an hourly rate and is described on the platform by the ButlerBuddy, outlining the details, conditions and price of the service.
  15. Butler Price:the price paid by the Client on the platform for the agreed services and the performance thereof.
  16. Material costs and/or other costs:costs which the Service Provider has to advance by mutual agreement, so that the services can be carried out.Apart from the agreed services, these costs are paid to the Service Provider by the Client.
  17. Booking Fee:network fee, or the costs charged for the facilitation and use of the network by Service Providers and Users.
  18. Rules of Conduct for Users:these are the rules which every User within ButlerBuddy has to comply with.
  19. Message System:the system on the platform which Users can use to communicate with each other about the services.

3. Scope & formation of the agreement

  1. The User accepts the General Terms and Conditions and as such enters into the Intermediary Agreement with ButlerBuddy by transferring the data from the online registration form ("User Profile"), sent to ButlerBuddy, by clicking on the corresponding button, after the user has agreed with the applicability of these General Terms and Conditions and the Privacy Policy by ticking the relevant applicability box.ButlerBuddy will then send an e-mail confirming the User's registration.

4. Intellectual property & use of www.butlerbuddy.nl & www.butlerbuddy.com

  • a.The intellectual property right of all forms of information, content and design on www.butlerbuddy.nl and www.butlerbuddy.com (including but not limited to copyrights, brands, logos, texts, databases, photos and (animated) videos) is vested in ButlerBuddy or third parties.
  1. Hyperlinks and references to the platform or pages of the platform are permitted.The platform contains hyperlinks to third-party websites; these links have been included to inform Visitors.ButlerBuddy is not responsible and/or liable for the content of these websites.
  2. Without the prior written consent of ButlerBuddy, no parts of the platform can be copied or used.
  3. The User guarantees that the User Profile has been completed truthfully, completely and that it is up-to-date.The User has the opportunity to edit his User Profile.Nevertheless, ButlerBuddy cannot guarantee that all information is at all times correct and complete and as such it is not liable for (typing) errors.
  4. The User Profile created cannot be transferred to third parties.Each User can register with one profile only.There is no right to register for a profile.ButlerBuddy reserves the right to remove a profile and to refuse the User access to the website and profiles, without having to state the reasons.A User who has been removed is not permitted to create a new profile.
  5. The websites www.butlerbuddy.nl and www.butlerbuddy.com meet the User's needs in terms of domestic and luxury-related services.The User will not use this service for commercial purposes (e.g. resale).
  6. ButlerBuddy is at all times entitled to change, remove or add features of www.butlerbuddy.nl and www.butlerbuddy.com without having to state the reasons, for instance by restricting the circumstances under which certain features can be used.ButlerBuddy is not liable for (typing) errors.
  7. Without the prior consent of ButlerBuddy, you are not permitted to canvas activities or other services for Internet services offered by yourself or third parties on www.butlerbuddy.nl and www.butlerbuddy.com.

5. Conditions of use

  1. ButlerBuddy offers the User the opportunity to use the platform and to register himself on www.butlerbuddy.nl and www.butlerbuddy.com with a User Profile, in order to be able to book domestic and luxury services in a flexible manner (e.g. in the short term).
  2. ButlerBuddy facilitates a network for the formation of a Butler agreement.ButlerBuddy is not obliged to offer any result with regard to facilitation or the selected services. ButlerBuddy forwards the booking request of the User to a Service Provider.The selected Service Provider determines if he will perform the service in accordance with the booking request.
  3. Before a Service Provider is granted access to the ButlerBuddy network, he or she first has to successfully complete a screening process before he or she can be booked. See section 7.The User is personally responsible for assessing if the activities have been carried out in line with the Butler Agreement.
  4. The User can use multiple Service Providers with whom he has concluded a Butler Agreement and who automatically become part of his or her Buddies.
  5. When a Butler Agreement is formed, ButlerBuddy or AccountingBuddy takes over the payment process between the User and the Service Provider.The User explicitly instructs ButlerBuddy and AccountingBuddy to do so, by accepting these General Terms and Conditions.The price for the booked activities for which ButlerBuddy, on behalf of the Service Provider, will send the User an invoice, already factors in an amount in proportion to the number of hours worked, for the holiday allowance (8%) owed to the Service Provider by the user in accordance with the Domestic Services Scheme, an allowance for the accrual of statutory days' holiday and sickness absence.
  6. A Service Provider presented to the User through the intermediary services of ButlerBuddy will be contacted only via www.butlerbuddy.nl and www.butlerbuddy.com.

6. Registration on ButlerBuddy

After having registered as ButlerBuddy on the platform and having been accepted following a screening process by ButlerBuddy, a person becomes a User.Before that, he is referred to as Visitor.Visitors who have not received an invitation from a familiar person from the network can register on the waiting list.Upon registration, a Visitor has to present the required information and meet the conditions set out below.

Conditions for registration Client:

  1. a minimum age of 18;
  2. officially residing in the Netherlands.

If the above conditions are met, Contracts can be booked.

Conditions for registration Service Provider:

  1. a minimum age of 18;
  2. officially residing in the Netherlands;
  3. holder of a valid Dutch or European passport or ID card;
  4. third-party insurance;
  5. Screening and Verification Process has been successfully completed.

If the above conditions are met, Contracts can be accepted.

Service Providers are obliged to notify the Tax and Customs Administration of all extra earnings, even if no tax is payable.ButlerBuddy is not responsible for the tax return to be filed or for taxes that may be payable by Service Providers.This is the personal responsibility of the Service Provider.For advice about fiscal situations and obligations, please contact the Tax and Customs Administration, a tax consultant or a fiscal consultant.On the basis of good reasons given by the Tax and Customs Administration, ButlerBuddy or AccountingBuddy will always fully disclose the state of affairs with regard to Service Providers that have been earmarked for an investigation.

ButlerBuddy is entitled to refuse or cancel the registration of a Client and a Service Provider without having to state the reasons.

7. The ButlerBuddy Screening and Verification Process

Before a Service Provider can start, he has to complete the Screening and Verification Process.ButlerBuddy is entitled to check the identity and address of the Service Provider.ButlerBuddy is entitled to refuse or cancel the application for becoming a Service Provider without having to state the reasons.

Among other things, the Screening and Verification Process comprises:

  1. extensive provision of information such as a CV and photo
  2. a copy of a valid Dutch or European passport or ID card;
  3. submission of a copy of the third-party insurance policy of ButlerBuddy;
  4. investigation into the person's background
  5. a personal meeting
  6. an etiquette test

8. Offering/booking services

All Users can book services.If the User books a service with a Service Provider, the User agrees with the relevant hourly rate.The Contract now enters the following process:

  • 1.submitted and has to be confirmed by the Service Provider;
  • 2.accepted by the Service Provider, this means that the Service Provider has again confirmed his or her contract
  • 3.executed, the Service Provider has executed and completed the contract
  • 4.completion, during this phase, overtime or other costs can be indicated.After approval from the Client, the full amount will be debited from the credit card and an invoice is sent.

ButlerBuddy is not liable for damage or losses caused by a Booking not materialising.The Client is liable for any costs ensuing from a cancellation.

The Client understands and agrees with the fact that when his services are outsourced, he or she enters into an agreement with the Service Provider, not with ButlerBuddy.ButlerBuddy merely acts as an intermediary and cannot offer any work guarantee to the Service Providers.

9. Response/accepting a service

In order to be able to offer and accept Services, the Service Provider must be registered and as such he must have successfully completed the Screening and Verification Process.Only then will the Service Provider be able to accept Contracts.When the Client has submitted the Contract (step 1) and the Service Provider has accepted (step 2), the Butler Agreement is formed.

The Service Provider understands and agrees with the fact that when he accepts a Contract, he enters into an agreement with the Client, not with ButlerBuddy.ButlerBuddy merely acts as an intermediary.

10. Payment by the Service Provider

The Client authorises ButlerBuddy to charge the Client for the Contracts and any other costs.ButlerBuddy reserves the right to correct any errors on the invoice.

After completion of a Contract, the Service Provider uses a button on the Website to indicate he has executed the Contracts and if he did any overtime and/or incurred other costs.If, by means of a button on the Website, the Client gives his approval for all hours worked and costs incurred, these costs will be immediately debited from his or her credit card.The Client will receive an invoice for the Contract by e-mail.

ButlerBuddy does not acknowledge cash payments and they are therefore not permitted.All transactions must take place via the Website.By organising payments through the Website, the User can enjoy maximum convenience as well as protection under our General Terms and Conditions.

11. Payment to the Service Provider

The Service Provider authorises ButlerBuddy to invoice the Client for the Contracts and any other costs on behalf of the Service Provider.ButlerBuddy deducts the Booking Fees from the Services Fee, after which the contract income will be transferred into the Service Provider's bank account after 14 days.

12. Contract extras and other costs

If during the performance of the Contract it appears that proper performance requires the work to be carried out to be amended or supplemented, the Client and the Service Provider will amend the Contract by mutual agreement.If the amendment of or supplement to the Butler Agreement has financial and/or qualitative consequences, the Service Provider will notify the Client accordingly in advance.Both the necessary contract extras and contract extras requested by the Client must have been agreed on by means of the overtime sheet on the platform.

ButlerBuddy and/or the Client cannot be held liable if the costs are higher than indicated by the Service Provider beforehand.The Service Provider has to keep receipts, so that they can be submitted to the Client after the Contract has been completed.The Service Provider is not permitted to charge extra costs for this.

13. Right to withdraw the Intermediary Agreement

If the User is a natural person, he can dissolve the Intermediary Agreement, without having to state the reasons, during a period of fourteen days, starting on the day on which the intermediary agreement is concluded.The Intermediary Agreement is concluded the moment the Booking is concluded.

The User's right of withdrawal is excluded if the intermediary services, with the explicit consent of the User, have started and have been fully fulfilled within the cooling-off period.

If ButlerBuddy has started its intermediary services (provision of data between the Client and the Service Provider), and the User withdraws the service within the fourteen-day cooling-off period, the User must pay 25% of the total sales price of the Contract.

14. Cancellation / withdrawal of a Contract

The Client and the Service Provider are entitled to cancel a Booking no later than 24 hours before the Contract was scheduled to be executed.A cancellation is made by means of an appropriate button on the Website.When the Client cancels a Booking, the Client owes ButlerBuddy 25% of the Contract Price in the form of Booking Fees.

Clients and Service Providers cannot derive any rights from the cancellation policy.

If a Booking is generated between the Client and the Service Provider, and if the Service Provider is a legal entity, the right of withdrawal applies by analogy.In that case, the Client, being a natural person, is for a period of fourteen days entitled to withdraw the Contract as long as it has not been completed, without having to state the reasons and without this involving any costs.However, the costs for the intermediary services, the Booking Fees, must be paid.

If the Contract has already been started when it is withdrawn, the Client owes a proportional part of the original Contract Price.

15. No-Show Policy

It concerns a no-show if:

  1. the Client has not cancelled and the Service Provider has not been given the opportunity to execute the Contract half an hour after the agreed time.
  2. the Service Provider is not present within half an hour of the agreed time.

ButlerBuddy applies the no-show policy as it may lead to loss of income or to costs for the other party, which is not in line with the core values of the ButlerBuddy platform: trust, service and convenience.To discourage such events, we have drawn up a no-show policy.Clients and Service Providers cannot derive any rights from the no-show policy.A no-show means that the agreement is prematurely terminated and that the user will be removed from the network in the event of repeated no-shows.

In the event of a no-show by the Client, the Client owes ButlerBuddy 50% of the full Contract Income, as well as the other costs incurred by the Service Provider.

In the event of a no-show by the Service Provider, the Client will not be charged any costs and all payment obligations for this Booking lapse.ButlerBuddy will impose its own sanctions on this Service Provider, and after three times, the Service Provider will be removed from the network.ButlerBuddy is not liable for damage or losses caused by a no-show by the Service Provider.

16. Booking Fees

ButlerBuddy charges Booking Fees for each Booking, i.e. a network fee, to the extent of a predetermined percentage (%) of the Butler Price.These Booking Fees are included in the Butler Price and are paid by the Client and the Service Provider.The Booking Fees are deducted from the Butler Price before the Contract Income is paid to the Service Provider.The Service Provider can consult the extent of the Booking Fees on the Website and when entering his or her hourly rate.

17. Avoiding payment of Booking Fees

The Booking Fees charged by ButlerBuddy are needed to keep the Website online and to facilitate its Platform.It is therefore not permitted:

  1. to conduct the (price) negotiations of a Contract placed on the Website outside the Website and/or the Message System;
  2. to provide contact details by means of the Website before a Booking is generated;
  3. to place an e-mail address or telephone number on the Website, except in the fields that explicitly require this;
  4. to intentionally effectuate payment of the Contract outside the Website environment.

If one or more of the above rules are violated, ButlerBuddy is entitled to remove the person in question as User from the Website and to refuse him in future.In that case, the Client loses the right to claim any prepaid Contracts and other costs.

18. Assessments on ButlerBuddy

  1. The User can use the platform to assess the Contract or Contracts offered by the Service Provider.
  2. Assessments must be based on demonstrable facts.Your judgement has to be reasonably and fairly objective and you should not post insults, slander or similar content that violates common decency, the law in general and the Netherlands Penal Code in particular.Assessments that do not comply with this will not be published or will be removed.Assessments always reflect the opinion of the user, not that of ButlerBuddy.ButlerBuddy regularly checks assessments.Well-founded complaints about assessments will be checked by ButlerBuddy and it will provide support, if necessary.
  3. By submitting an assessment, the User grants ButlerBuddy the right to use his assessment text for an unlimited time and scope, free of charge. ButlerBuddy is entitled to freely dispose of the assessments, to edit and use them for other assessment services, to disclose them to third parties and to publish them.
  4. Influencing the assessment system by means of unjustified, repeated assessments, self-assessment or other assessment methods is not permitted.

19. Liability of ButlerBuddy

  1. ButlerBuddy is not liable for the execution and/or completion of the Butler Agreement by the Service Provider.
  2. ButlerBuddy is not liable or responsible for the applicability or otherwise of the Domestic Services Scheme and the consequences thereof.
  3. ButlerBuddy will fulfil its obligations under the Intermediary Agreement to the best of its abilities and observe prudence towards the user, Service Provider and third parties.If the User suffers any damage or losses due to any shortcoming in the execution of the Intermediary Agreement, ButlerBuddy will be liable towards the user only for the damage or losses suffered by the user as a result of that in the case of intent or gross negligence on the part of ButlerBuddy.
  4. ButlerBuddy can never be held liable for or be obliged to pay a sum that is higher than the sum covered by its third-party insurance.
  5. www.butlerbuddy.nl and www.butlerbuddy.com also contain links to third-party websites that have content that ButlerBuddy is not aware of.Links to third-party websites merely serve to simplify the browsing process.ButlerBuddy is not liable or responsible for the content of third-party websites.

20. ButlerBuddy privacy policy

  • a.ButlerBuddy keeps records of users, such as surfing and clicking behaviour.Furthermore, the information provided by the User is kept in a database.All collected personal details are processed and used in accordance with the prevailing privacy legislation.By agreeing to these General Terms and Conditions, the User explicitly agrees to the above.
  1. ButlerBuddy will keep this data, including the information about the services booked by the user in the user profile for inspection during the term of the Intermediary Agreement, and enable the User to change the data.In order to gain access to this section of the website, the User has to log in with his e-mail address and password.

21. Withdrawal, changes, term and termination of the Intermediary Agreement

  1. As the Intermediary Agreement between ButlerBuddy and the User is formed under the Distance Selling Act, the User, in his capacity of consumer, is in principle entitled to withdraw the Intermediary Agreement.The agreement must be withdrawn within fourteen days of the formation of this user agreement as referred to in article 1, by notifying ButlerBuddy accordingly in writing (by letter, fax or e-mail). Withdrawal is no longer possible when execution of the Contract has started within the fourteen-day term.
  2. ButlerBuddy is entitled to change the Intermediary Agreement in accordance with the statutory provisions.Such changes are deemed to have been accepted by the User and come into effect under the current Intermediary Agreement, if ButlerBuddy notifies the User of the change in writing, and the User has not objected to these changes within four weeks of receiving the notification.The changes are not made with retrospective effect (changes always apply to a future date).
  3. The term of the Intermediary Agreement is without limitation.The User and ButlerBuddy can terminate the Intermediary Agreement in writing at the end of the month, subject to a notice period of two weeks.Without afgebroken