User Terms and Conditions for Contentoo B.V.
These are the terms and conditions of Contentoo B.V. (“Contentoo”) for users (as defined below). Contentoo is registered with the Kamer van Koophandel under registration number 66406234.
- These terms and conditions apply to all services that Contentoo provides to users of the website contentoo.com (the “Website”), to each agreement between Contentoo and a User and between a User and a Freelancer (as defined below), and to all legal engagements and legal acts that arise from these agreements.
- By using Contentoo’s Website and services these terms and conditions are accepted as binding.
- “Users” are defined as all actual persons and legal persons that visit the Website, log into the Website, and/or use or share information supplied by the Website and/or post information on the Website.
- “Freelancers” are defined as all actual persons and legal persons that visit the Website, log into the Website, and/or use or share information supplied by the Website and/or post information on the Website, that accept assignments via the website, execute these and invoice Contentoo or the User for these.
- Contentoo’s terms and conditions are displayed on the Contentoo website.
- The above definitions in terms and conditions are applied in single as well as in plural form.
Contentoo offers an online platform, more specifically an online market place, for companies, entrepreneurs and service providers in copywriting or other areas of business and/or creative service providing. Contentoo provides the following services through its online platform/market place:
- Contentoo advises businesses and entrepreneurs by providing solutions and products in the field of copywriting and/or other areas like business and creative service providing.
- Contentoo acts as an intermediary between purchasers and providers of said services and products (from here on to be referred to as “the content” or “the content product”), and matches businesses and entrepreneurs with copywriters, content agencies or other creative and business service providers.
- Contentoo provides services to its purchasers (Users) and providers (Freelancers) regarding the handling of transactions that have been made through the online platform/market place, including the handling of the logistical and financial aspects.
- Contentoo sells and provides time and space for publicity on websites and through other media for the promotion of copywriters, content agencies and/or business providers.
Contentoo’s Website aims to provide Users with quality content in a quick and easy way. Contentoo does so by linking Users to Freelancers, out of which the User can make a selection who to order and purchase content with. Contentoo provides the matching between User and Freelancer and provides services for them, including services towards the logistical and financial handling of the transactions made between them through Contentoo.
The User is aware that Contentoo does not produce the purchased content itself. Contentoo is an intermediary (middle man) and matches the User with appropriate Freelancers. The User then makes his own choice out of the Freelancers offered. If no Freelancer is available, or if no Freelancer is able to provide the content product the User desires, then Contentoo has the right to, without any further obligations, including no obligation to provide compensation, refuse the User’s intermediary assignment. For the User a similar right applies to suspend an intermediary assignment prior to reaching an agreement between him and a Freelancer.
- User needs to honour Dutch law and other applicable regulations while using the Website.
- User is not allowed to distribute any of the below content through the Website:
- Plagiarised and/or previously published content
- Pornographic videos, images or other media with erotic content;
- Words or images that are offensive, racist, discriminatory or inciting hatred;
- Unsolicited Advertising (spam);
- Incorrect or misleading information; and/or
- Viruses, malware, spyware or other software aimed at damaging our computers or our Users’ computers.
- User is not allowed to create an account in someone else’s name or pretend to be someone else.
- User is not allowed to contact other Users for any other commercial means than those which the Website is meant for, and only through the options the Website offers.
- If a User wishes to report another User who uses the Website inappropriately, the User can send report this through email@example.com.
- Contentoo maintains the right to adjust or omit information supplied to the User, prior to disclosing this information to Users and/or on the Website.
After the User places an order through the Website he receives an email from Contentoo on behalf of the Freelancer, in which he is being thanked for ordering with the Freelancer through the Website and in which Contentoo confirms the order has been received and accepted by the Freelancer (the “Confirmation email”). This is the moment where the agreement to provide and purchase a content product is made. The email address provided by Contentoo will be used by Contentoo for any communication regarding the assignment. Contentoo aims for the best possible quality of its Website and its services, and will be the first point of contact or escalation when there is any problem with the content product, or the delivery or handling of it. Contentoo selects Freelancers based on prior defined selection criteria in order to optimally warrant its quality.
Working directly with a Freelancer
The User is not permitted to, without explicit consent from Contentoo, engage in a direct or alternative business relationship with a Freelancer that bypasses Contentoo and its website for a period of three years after the last business contact between User and Freelancer. A direct business relationship also includes an employment relationship.
If Contentoo has not been asked for permission or if Contentoo has not granted this, then Contentoo is entitled to, in the case of a direct or alternative indirect purchaser-provider relationship between User and Freelancer, a financial compensation of 25% of all invoiced amounts in the first three years of this direct or alternative indirect relationship, where User is obliged to provide Contentoo full insight and evidence of this relationship. In the case of an employment relationship between User and Freelancer, Contentoo is entitled to a one-off financial compensation by the User for the sum of € 10.000. Contentoo also holds the right to claiming a full compensation from the User.
- User needs to be at least 18 years old in order to create an account on the Website and us the services that Contentoo provides.
- User needs to hide his log-in details for others.
- User needs to keep his password strictly confidential. Contentoo can be assured that all actions with a User’s account are taken by the User, in consent with the User, or under the watchful eye of the User.
- If a User knows his account is or can be violated, User needs to report this to Contentoo as soon as possible. Contentoo will then take appropriate measures.
- The User is responsible for his behaviour and for all details, copy, files, information, user names, images, photos, profiles, graphic art, copyrighted works, links and all other content or materials.
- User is responsible for the (confidential) details he provides to Contentoo and for omitting (confidential) details. Contentoo advises and recommends the User to disclose only those (confidential) details that are absolutely necessary for the website or the content product.
- Contentoo has the right to decide based upon its own judgments whether an account will be granted.
- Contentoo at all times has the right to adjust or remove accounts, profiles, data and other information Additionally, Contentoo has the right to deny Users access to the Website for a definite or indefinite amount of time.
- If Contentoo reckons the User is breaching these terms and conditions, Contentoo can (partially) exclude the User from to the Website. Contentoo can exclude the User from the Website by for example:
- Blocking the User’s account or removing it; or
- Blocking the User from accessing certain parts of the Website.
Acceptance of the content product
After the content product has been made available to the User by the Freelancer the User can accept this. Contentoo as an intermediary has no responsibility for the suitability of the content product for the means intended by the User, and therefore it does not provide a warranty for the content product.
If the User means the content product cannot be accepted by him by any reasonable means, than he should make this known to the Freelancer and Contentoo within three working days of the product being made available. Without such a notification the content product is considered accepted within three working days of being made available. The content product is also considered accepted when it is being used partially or wholly by the User.
Once the User has accepted the content product and paid for it in full, then the Freelancer will automatically grant the User an exclusive right without any geographical or timebound limits to use, multiply, distribute, publicly reproduce or recite, store and adjust the accepted and paid for content product. These rights are non-transferable and sublicensable.
Rates and payment
- All rates charged and communicated by Contentoo are excluding BTW (Dutch VAT tax).
- Payment of invoices to Contentoo (and/or on behalf of the Freelancer) is to be completed within 14 days after the invoicing date.
- In case of no or overdue payment, the User is in default by operation of law. The User is then owed the legal (business) interest, starting from the date from which the payment is owed to the date the payment is made, where the interest over part of a month is calculated as interest over a full month.
- If a User is in default, for example because the owed amounts cannot be collected by Contentoo, then Contentoo has the right to temporarily block the User’s account or suspend it altogether.
- The rates charged and communicated by Contentoo or the Freelancer can be raised:
- In the case of legal price increases, where the increase in price will not be higher than this legal prince increase;
- Within three months after the agreement between a User and Freelancer regarding a to be delivered content product, if this is the result of legal ramifications; and/or
- Within three months after the agreement between a User and Freelancer regarding a to be delivered content product, as long as the increase is not unreasonable.
- As an intermediary, Contentoo is not an involved party in the agreements made between Users and Freelancers and therefore cannot take liability for agreements between Users and Freelancers. In the case of a conflict Users and Freelancers are to resolve this themselves. Contentoo will do its best to be of aid where possible.
- Contentoo is only liable for direct damages caused by grave guilt or intent on the part of Contentoo, limited to 25% of the amount listed in the invoice.
- Contentoo is not liable for damage caused by or possibly caused by any form of negligence based on information on the Website or based on:
- linked websites, not even in the case of flaws; and/or
- inaccuracies in the information disclosed by Contentoo.
- Contentoo is not responsible for errors and/or inaccuracies in the functionality of the Website and is not responsible for any malfunctions, outages or any other reasons that would cause the Website to not be available for any amount of time.
- Contentoo is taking all security measures that can be reasonably expected of Contentoo to protect the private details of its Users and third parties. Contentoo is not responsible for loss of information or unauthorized access to information that arises despite the security measures applied by Contentoo. Contentoo is also not responsible for loss of information or unauthorized access that arises in the transmission of information through public networks or through usage of networks and systems administrated by third parties.
- Complaints submitted to Contentoo will be answered within three working days, dated from the day the complaint is received.
- The right to a (partial) refund or compensation will expire if the complaint is not submitted to Contentoo within three working days of the moment where the situation or act that caused the complaint arose or where this could have been revealed to the User, unless the nature of the case asks for an extended amount of time.
Involvement of third parties
- Contentoo holds the right to involve third parties in performing its services where required. Contentoo is not obligated to notify the User of these involvements. Using the services of Contentoo implies that the User authorizes Contentoo to accept possible limited liability for third parties on behalf of the User as well.
- Contentoo takes the highest level of care when involving third parties. Contentoo is not liable for any acts or negligence of these third parties, unless in the case of intent or gross negligence on the part of Contentoo.
If any of the definitions of these terms and conditions will turn out to be void or not binding, then Contentoo and the User will still be bound to all other definitions of these terms and conditions. Contentoo will replace a voided or non-binding definition by a binding definition which will have the same scope as the definition that is to be replaced as much as possible, taking into consideration the objective of these terms and conditions.
Contentoo holds the right to add additions or apply changes to these terms and conditions at all times. The most recent version of the terms and conditions can be found on the Website.
- Contentoo can at all times make adjustments to the design or the functionality of the Website, including the fundamental technical mechanisms.
- These terms and conditions do not just apply to the User, but also to other parties that are or have been involved in using Contentoo’s services or who could have any liability related to these. This also applies to their legal successors.
Applicable Law and choice of forum
- These terms and conditions and all non-contractual rights and obligations arising from them, will in all aspects be administrated by Dutch law.
- All disputes between Contentoo and Users will at first be settled by the qualified judge of the Court of Law in Amsterdam.
What kind of data do we collect?
We collect the below details that you provide us:
- company name;
- phone number;
- postal address;
- BTW-number (Dutch Vat tax-number);
- Bank account number;
- User name, password and e-mail address when you register for a Contentoo-account;
- profile-information that you provide through your account;
- communication between Contentoo and you (we have the right to send you service-related emails).
We collect information that your browser sends when you visit our Website. This logfile can contain information like your IP-address, browser-type, browser-version, which pages on our Website you visit, the time and date of your visit, the time you spend on these pages and other statistics.
We use analytical services from third parties. These help us to measure traffic to our Website and trends on our Website. These tools collect information that has been sent by your computer or by other devices, by our Website, by the pages you visit, by add-ons and by other information that helps us with improving our website. These tools use ‘cookies’. These are simple text files that are stored on your hard disk or in your computer memory. Cookies cannot harm your computer or the files that are on it.
Cookies anonymously collect information about your log-information and your log-behaviour. Google analytics installs a permanent cookie on your web browser to identify you. This cookie can be used by no one else but you.
How do we use this information?
We use all information we collect to support and improve our Website by:
- remembering information, so that a visitor does not have to log in time and time again
- improving and testing the Website’s effectiveness;
- providing the user access to his information as soon as he has logged in;
- listing the statistics, like the total amount of visitors and traffic to the Website;
- fixing or diagnosing technical errors;
- developing new products and applications;
- informing the visitor about the confirmation of his order;
- informing the visitor about the status of his order.
We have the right to use your information to contact you with newsletters or marketing- and promotional materials that can be of interest to you. You can unsubscribe from these communications by clicking ‘unsubscribe’.
How is this information shared?
We will not rent or sell your (personal)details to third parties.
Change of management
Legal request and prevention of damage
In case of a legal request we have the right to access your information and save this and/or share it to comply with a legal request (like a warrant, a court order or a subpoena). We also have the right to save and/or share your information when we believe this is necessary to trace, prevent and broach fraud or other illegal activities and to protect you, ourselves and others.
Information we receive about you can be opened, processed and saved for a prolonged period of time if this is necessary due to a legal request or obligation, due to an investigation relating to out terms and conditions, due to policy or in order to prevent damage in any other way.
Safety and Security
Contentoo has taken appropriate technical and organisational measures to protect your details against theft or any other form of illegal processing. We use safety measures to ensure information through the Website is secured (like requesting a unique password). That said, Contentoo cannot guarantee the information on the Website cannot be opened, disclosed, altered or destroyed. You are at all times responsible for maintaining your unique password and for managing the e-mails between yourself and Contentoo. We are not responsible for functionality, privacy or security measures of any other organisation.
Your information can be transmitted and maintained on computers and/or servers located outside the Netherlands, where regulation and laws regarding security of personal details could be different.
In accordance with Dutch law, Contentoo will not keep your personal details on file for any longer than is necessary to fulfil the purposes for which they are collected or processed.
Access, amendments and right to object
If you wish to access your details, or if you wish to change your details or remove them in case they are not correct, irrelevant, or incomplete, then you can contact Contentoo by sending an e-mail to firstname.lastname@example.org or by sending a letter to: Contentoo B.V., John M. Keynesplein 12-46, A-toren, 4e etage, L.4K.3, 1066 EP Amsterdam.
Applications, Websites and services run by third parties
Privacy of minors
Our Website does not ask specifically and knowingly for details of persons under the age of 18 (“Minors”). If we find out that we collected personal details from Minors without consent of a parent or legal guardian, then we will take steps to remove these details from our servers. If you suspect your child may have submitted personal details to us without your consent, then you can contact us at email@example.com