Clause 6. Use of services and provision of information
6.1. Only natural and legal persons involved on a commercial basis in carrying out (building or other) projects and (building or other) work may register on the Platform as an Independent Business. This does not include employment agencies and similar enterprises. The Platform on the Independent Business side is explicitly not intended for intermediaries. If an Independent Business breaches this provision, the Independent Business shall incur a penalty payable immediately on demand of €1,000 per breach and €250 for each day or part of a day that the breach continues.
When requested by ZZPHuis, the Independent Business shall be obliged to fully cooperate with ZZPHuis or a third party engaged by ZZPHuis in providing access to their books for the purpose of establishing facts regarding cooperation with Customers (leads) generated through ZZPHuis and for the purpose of the above. The Independent Business shall allow inspection of bank statements and other elements of the accounting records (ledger accounts regarding sales, etc.). If the Independent Business does not comply with a demand for inspection of their books within 30 days, the Independent Business shall incur a penalty payable immediately on demand to ZZPHuis of €1,000 per breach and €250 for each day or part of a day that the breach continues.
6.2. The Independent Business warrants that all information (such as certificates and other documents), including but not limited to the name, address and email address that they supply in the context of the Service, is complete, correct and up to date and that they will utilise the Service solely for their own use. The Independent Business also warrants:
(a) that they have authority to make use of the Services;
(b) that they will comply with the applicable laws and regulations;
(c) that they are registered in the register of a chamber of commerce within the European Union and that this registration will be maintained throughout the term of the Agreement and that it is related to the field of work in which the Independent Business operates;
(d) that all documents (certificates, etc.) included on the Profile Page are genuine and in the name of the Independent Business.
6.3. The Independent Business will only post on and send messages via the Platform for the purpose of obtaining an assignment for carrying out an assignment for a Customer.
6.4. The Independent Business consents to the publication of their information on the Platform and has the authority to give this consent.
6.5. The Independent Business themselves bears all responsibility and liability for the content of the information they publish on the Platform. They warrant that the content of this information is correct, up to date and reliable, not contrary to the applicable laws and regulations and not unlawful. They also undertake that they will not, with this information, subject other Users to inappropriate treatment or adversely affect the interests and reputation of ZZPHuis.
6.6. ZZPHuis reserves the right to amend and/or shorten the information provided by the Independent Business. ZZPHuis also reserves the right - but has no obligation - to refuse certain information or remove it from the Platform, for example due to it being incorrect or unreliable, contrary to the legislation or unlawful towards third parties, without this in any way resulting in any entitlement on the part of the Independent Business to compensation.
6.7. Agreements between the Customer and the Independent Business come into effect only once both sides have explicitly confirmed this to each other in writing by (digitally) signing the model “contract for services” agreement. ZZPHuis is not a party to Agreements between the Customer and the Independent Business. ZZPHuis is therefore unable to carry out any checks on the quality, the agreed price (the Independent Business determines their own charge), safety or the legality of the assignments and/or work, the accuracy of the offers, the authority of the Customers to have work carried out and/or the authority of the Independent Business to carry out that work. The Independent Business indemnifies ZZPHuis against any claims by third parties relating to such matters.
6.8. Information (including personal data) that the Independent Business obtains via the Platform may only be used for the purpose for which it is supplied. This information may not be processed for any other purpose, including but not limited to any form of unsolicited communication (spam). Nor may Users’ personal data (including email addresses) be collected for any purpose whatsoever.
6.9. If the Independent Business breaches the provisions of Clause 6.8 they shall pay, without any further warning or notice of default and without any judicial intervention being required for this purpose, a penalty payable immediately on demand in the amount of €5,000 (five thousand euros) per event and €500 (five hundred euros) for each day or part of a day that the breach continues, with the use of an item of personal data or other information qualifying as one event, without prejudice to ZZPHuis’s right to take other measures available to it against the Independent Business and/or to claim compensation.