Terms and Conditions

These Terms and Conditions apply to the use of the HFS Freelancers App and Website (hereinafter: "app/website"), offered by HFS Freelancers BV (hereinafter: "HFS"). By using the app/website, the user declares that he or she has read, understood, and unconditionally agrees to these Terms and Conditions.

1. Use of the HFS Freelancers App and Website

1.1 The app/website may only be used for legitimate and legal purposes, in line with HFS's primary purpose: facilitating contact between clients and contractors.

1.2 The user must at all times conduct themselves professionally, ethically and in accordance with applicable laws and regulations when using the app/website.

1.3 It is prohibited to use the app/website for:

• spam, unsolicited promotions or commercial communications outside the purpose of the platform;
• misleading, incorrect or unlawful information;
• activities that violate these terms and conditions, the law or public morality.

1.4 Sharing login details with third parties is not permitted. Login details are strictly personal, confidential, and must be adequately secured.

1.5 De gebruiker is volledig verantwoordelijk voor alle activiteiten die plaatsvinden onder zijn of haar account, ook indien deze door derden worden verricht.

1.6 The use of automated systems or software (such as bots, scrapers, or similar technology) to access or interact with the app/website is prohibited without prior written permission from HFS.

1.7 The app/website is exclusively intended for use by natural persons aged 18 years and older.

1.8 Users are fully responsible for the content they post, including text, images, and other media. HFS is not liable for this content, but reserves the right to moderate, edit, or remove profiles, comments, messages, or assignments without prior notice if they violate these terms or applicable law.

1.9 Both HFS and the user can terminate use of the app/website at any time by deleting the user account, without notice or reason. Upon termination, all user rights expire immediately, and the user is obligated to cease all use of the app/website.

2. Responsibilities of HFS

2.1 HFS strives for maximum availability, reliability and security of the app/website.

2.2 HFS cannot guarantee uninterrupted or error-free operation of the app/website. Temporary interruptions due to maintenance, updates, malfunctions, or force majeure are possible.

2.3 HFS reserves the right to make changes to the app/website, add or remove functionality, or suspend access in whole or in part, without prior notice.

2.4 The app/website was developed in collaboration with third parties and uses external technologies and hosting services. HFS is not liable for any errors, delays, or damages resulting from the actions or omissions of these third parties or from malfunctions in these external systems.

2.5 HFS is not a party to any agreements entered into between users through the platform and accepts no liability for the content, performance, or consequences of such agreements.

2.6 Use of the app/website is entirely at the user's own risk. It is the user's responsibility to ensure that their equipment, software, and internet connection are suitable for use with the app/website and are adequately protected against viruses, malware, and other threats.

3. Intellectual property

3.1 All content and materials available through the app/website – including but not limited to text, images, logos, graphics, audio, video, software, databases and the underlying source code – are the property of HFS or its licensors and are protected by copyright, database rights, trademarks and other intellectual property rights.

3.2 You may not reproduce, reproduce, distribute, or otherwise copy any material or content from the app/website, in whole or in part, without prior written permission from HFS:

• copy, reproduce, distribute or make public;
• modify, translate, edit or create derivative works of;
• sell, rent, sublicense or otherwise commercially exploit;
• use in a manner that infringes the rights of HFS or third parties.

3.3 All trade names, logos and brands displayed on the app/website may not be used without prior written permission from the respective rights holder.

3.4 Users warrant that they own or hold the necessary rights to the content they post (such as profile texts, assignments, or media). The user hereby grants HFS a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, distribute, publicly display, and store this content as necessary for the operation and promotion of the app/website.

3.5 If a user believes that his or her intellectual property rights are being infringed through the app/website, the user must immediately notify HFS in writing so that HFS can take appropriate measures.

4. Liability

4.1 HFS makes every effort to provide the app/website as carefully and securely as possible, but cannot guarantee uninterrupted or error-free operation.

4.2 Use of the app/website is entirely at the user's own risk. Users are responsible for the security of their devices, data, and internet connection.

4.3 HFS shall not be liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to loss of profits, loss of data, loss of goodwill, or damage to reputation, arising out of or in connection with the use of or inability to use the app/website.

4.4 HFS is not liable for any incorrect, incomplete, outdated, or misleading information posted or distributed by users or third parties through the app/website.

4.5 HFS is not a party to any communications, agreements, or disputes between users and assumes no liability for the content, conduct, or consequences of any such interactions or transactions.

4.6 The limitations of liability contained in this article do not apply if the damage is the result of intent or deliberate recklessness on the part of HFS.

5. Privacy

5.1 HFS processes personal data solely in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR) and related regulations.

5.2 For further information on the nature of the data processed, the purposes of processing, the retention periods, the rights of data subjects and the way in which HFS facilitates these rights, please refer to the separate HFS Privacy Policy, which forms an integral part of these Terms and Conditions.

5.3 Users agree that HFS may send necessary transactional and service-related messages, including but not limited to confirmations, account activity notifications, security alerts, and change notifications. These communications are integral to using the platform and cannot be disabled as long as the account remains active.

5.4 If the user uses functions that involve the entry of personal data of third parties (for example, contact details in an order), the user guarantees that he/she is authorised to provide this data and that this processing complies with privacy legislation.

6. Changes and termination

6.1 HFS reserves the right to modify, expand, temporarily suspend, or permanently terminate the app/website, any part thereof, any functionality, or access to it at any time without prior notice and without being liable for any consequences thereof.

6.2 HFS may amend or supplement these Terms and Conditions at any time. In the event of a change, HFS will notify users via the app/website and/or by email. The amended terms and conditions will take effect upon publication, unless otherwise stated.

6.3 If the user does not accept the amended terms, they must stop using the app/website and delete their account. Continued use of the app/website after the effective date of the amendments will be deemed acceptance of the amended terms.

6.4 Both HFS and the user may terminate the agreement for the use of the app/website at any time by deleting the user account, without notice and without being liable for any damages.

7. Applicable law and disputes

7.1 These Terms and Conditions, as well as all agreements, offers, use of the app/website, and all disputes arising from or related to them, are governed exclusively by Dutch law. This applies regardless of the location where the app/website is used or the user's place of residence or business.

7.2 All disputes arising out of or related to these Terms and Conditions or the use of the app/website shall be submitted exclusively to the competent court of Amsterdam, unless mandatory law prescribes otherwise.

7.3 Before submitting a dispute to the court, the parties undertake to make every effort to resolve the dispute by mutual agreement or through mediation.

7.4 If any provision of these Terms and Conditions is declared invalid, void, or unenforceable in whole or in part, this will not affect the validity and enforceability of the remaining provisions. The invalid provision will then be replaced by a provision that most closely reflects the purpose and intent of the original provision.

7.5 Failure by HFS to enforce any right or provision (initially) does not constitute a waiver of that right or provision and does not limit HFS's right to do so at a later time.

8. Contact details

8.1 For questions, comments or complaints about these Terms and Conditions, the app/website or the use of the platform, please contact:

HFS Freelancers BV
Witteweg 62
1431 GZ Aalsmeer
The Netherlands
Chamber of Commerce number: 90812522
Establishment number: 000056512449
Legal form: Private Limited Company
E-mail: info@hfsfreelancers.nl

Customer service availability:
• Monday to Friday from 09:00 to 17:00 (CET)
• Available by phone: 085 060 6814
• Response time to emails: usually within 5 working days

Complaints procedure:

8.2 Complaints should be submitted in writing or by email using the contact details above and must include a clear description of the complaint, including any relevant documentation or screenshots.

8.3 HFS aims to address complaints substantively and respond in writing within 14 days of receipt. If processing requires more time, HFS will inform the user in a timely manner, stating the expected timeframe for a definitive response.

8.4 If a complaint cannot be resolved satisfactorily, the user may submit the dispute to the competent court in accordance with Article 7 of these terms and conditions.