Terms & Conditions for Professionals

1.1 The following definitions are used in these general terms and conditions:

• Client: Any legal or natural person who, subject to the Client Terms and Conditions, has registered an account on the Platform and is entitled to place Orders and enter into Services Agreements with Professionals.
• Client Terms and Conditions: The general terms and conditions of use of the Platform applicable to Clients, as amended from time to time, which are made available on the Platform.
• Commission: The fee charged by Expat Bubble to the Professional for the use of the Platform. The Commission will be equal to an amount of 15 percent of the total fee for the Services under the Services Agreement.
• Expat Bubble: EXPAT BUBBLE B.V., having its registered office at Groet, and its principal place of business at Tureluur 2, 1873 JW Groet, The Netherlands, and registered with the Dutch Chamber of Commerce under number: 42032553.
• Order: Any request for the provision of Services submitted via the Platform by a Client.
• Parties: Expat Bubble and the Professional jointly, and each individually a "Party".
• Platform: The online platform available at expatbubble.nl, through which Clients and Professionals can connect and enter into Services Agreements.
• Professional: The legal person who, subject to these Terms and Conditions, registers on the Platform to offer Services to Clients.
• Services: The services to be performed by the Professional as described in the relevant Services Agreement.
• Services Agreement: Any agreement concluded between a Client and a Professional for the provision of Services, regardless of the form in which it is concluded.
• Terms and Conditions: These general terms and conditions governing the Professional's use of the Platform, irrespective of the form in which they are made available.

1.2 The headings in these Terms and Conditions are inserted for convenience only and shall not affect their construction.

1.3 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.4 Any phrase introduced by the terms include or including or for example shall be construed as illustrative and shall not limit the sense of the words preceding or following those terms.

2.1 These Terms and Conditions apply to and form an integral part of the use of the Platform and of any Services Agreement concluded via the Platform. The applicability of any general terms and conditions used by the Professional is expressly rejected, unless these are explicitly and unambiguously accepted in writing.

2.2 By creating an account on the Platform, the Professional agrees to the applicability of these Terms and Conditions and acknowledges that the use of the Platform is subject thereto.

2.3 By creating an account, accepting an Order, or entering into a Services Agreement, the Professional agrees that these Terms and Conditions apply to and form an integral part of every Services Agreement concluded via the Platform.

2.4 Expat Bubble has the right to change these Terms and Conditions unilaterally. Expat Bubble shall inform the Professional in writing of changes to the Terms and Conditions. The changed Terms and Conditions shall apply to and form part of the use of the Platform, and every Order and Services Agreement submitted or entered into, fifteen days after notification of the changed Terms and Conditions. For the avoidance of doubt, changes shall not apply to existing Services Agreements and the Professional may terminate its use of the Platform if it does not accept the changes.

2.5 To the extent that these Terms and Conditions contain provisions that confer rights upon the Client in relation to the Professional, such provisions shall constitute a stipulation for the benefit of a third party within the meaning of Article 6:253 of the Dutch Civil Code. The Client accepts this stipulation by creating an Account on the Platform and/or by concluding a Services Agreement, and may in any event invoke or accept any such stipulation by making use of the relevant right. Likewise, the Client Terms and Conditions contain a stipulation for the benefit of the Professional as referred to in Article 6:253 of the Dutch Civil Code.

3.1 Expat Bubble operates the Platform to facilitate the connection between Clients and independent Professionals for the provision of Services, as well as bookings, invoicing, payments and related services.

3.2 The Professional creates and maintains an account on the Platform in order to offer and market its Services. The Professional shall keep its Profile accurate, complete and up-to-date at all times, including but not limited to the indication of its availability, qualifications, and fees. The Professional is solely responsible for compliance with all applicable statutory information obligations towards consumers, including those arising from Article 6:230m of the Dutch Civil Code and any other applicable provisions governing the online conclusion of agreements with consumers. The Professional shall indemnify and hold the Platform harmless against any claims, penalties, or damages arising from the Professional's failure to comply with the foregoing.

3.3 Upon registration on the Platform, and ultimately upon receipt of its first Order, the Professional shall provide Expat Bubble with accurate and complete company details, including without limitation its Dutch Chamber of Commerce (KvK) number, VAT number, bank account details, and any credentials required to lawfully provide the Services. Expat Bubble may request supporting documentation for verification purposes. The Professional shall be solely responsible for the accuracy and completeness of such information, including, without limitation, the correct VAT registration and for compliance with all applicable tax obligations.

3.4 A Client seeking Services may use the Platform to identify and select a professional and place an Order. The selection and engagement of a professional is made solely by the Client. To be able to offer its services on the Platform, the Professional must first create an account in the manner described on the Platform. The Client can then use the information provided by the Professional on its profile, including specifications, qualifications, and user reviews (if any). The Professional will be notified of an Order via the Platform.

3.5 An Order placed by a Client constitutes a request for an offer from the professional and does not qualify as a binding offer. The Professional may accept or decline an Order at its discretion.

3.6 If the Professional accepts an Order, it shall make an offer to the Client for the conclusion of a Services Agreement. Such offer must contain at least: (i) the Services to be performed; (ii) the price for the Services, inclusive of VAT; and (iii) the date(s) on which the Services will be performed.

3.7 Expat Bubble will, on behalf of the Professional, send an invoice to the Client for the proposed fee. Upon payment of such fee by the Client in accordance with the Client Terms and Conditions, the Services Agreement is concluded by and between the Client and the Professional. By registering on the Platform, the Professional authorises Expat Bubble to issue invoices in its name.

3.8 Expat Bubble acts solely as a technology intermediary that facilitates the Platform and is never a contracting party to any Services Agreement.

3.9 The Professional shall not commence the provision of Services until confirmation of full payment has been received by Expat Bubble. If the Client fails to make payment, no Services Agreement shall be deemed to have been concluded.

3.10 If the total fee for the Services cannot be determined in advance (for example, because the work depends on the number of hours to be spent), this shall be clearly specified in the Services Agreement. In such cases, the Services Agreement shall be concluded upon payment by the Client of a down payment, as agreed between the Professional and the Client.

3.11 It is assumed that the description of the job provided by the Client accurately reflects the work the Client wishes to have carried out. If there is a significant discrepancy, the Professional may decline the assignment or, with the Client's prior written consent, adjust the price accordingly.

3.12 A Services Agreement may only be amended with the prior written consent of both the Client and the Professional. Any such amendment shall be valid only with respect to the specific Services Agreement to which it relates.

4.1 The Professional shall indicate on the Platform its fees for the Services, which may be an hourly rate or a fixed price. All prices for Services displayed on the Platform by the Professional shall be inclusive of VAT. For specific Services, the Client may also request a fee quote for a specific fixed price or hourly rate tailored to the type of Services requested. The Professional may request additional information and/or an orientation call to allow the Professional to provide such fee quote.

4.2 The Professional acknowledges that the prices displayed on the Platform are binding and will be reflected as such in the Services Agreement.

4.3 Materials, parking costs, and any other additional expenses are included in the prices, unless agreed separately in the Services Agreement between the Professional and the Client.

4.4 If Services are offered at a fixed price, the Professional must complete the Services for the stated amount. However, it is possible that the final price will be higher. If the actual circumstances differ materially from the description provided by the Client, or if additional work is required, the Professional must inform the Client thereof in writing in a timely manner and in advance, including an explanation of the reasons for any price increase.

4.5 Expat Bubble charges the Professional a Commission for each Services Agreement concluded via the Platform. Expat Bubble is entitled to deduct the Commission from the amounts collected on behalf of the Professional before remitting the net amount to the Professional.

4.6 Expat Bubble reserves the right to adjust the Commission rate by giving the Professional at least thirty (30) days' prior written notice. If the Professional does not accept the new Commission rate, it may terminate its account in accordance with Article 10.1.

5.1 Prior to the conclusion of the Services Agreement, Expat Bubble shall prepare and send an invoice to the Client in accordance with Article 3.6 of these Terms and Conditions.

5.2 Once the Professional accepts a booking, the Client must pay within the following time limits, depending on how soon the Service is scheduled to start:

1. a.If the Service starts in more than 48 hours: The Client has 24 hours to pay after the Professional accepts the booking.
2. b.If the Service starts between 24 and 48 hours: The Client has 12 hours to pay after the Professional accepts the booking.
3. c.If the Service starts between 12 and 24 hours: The Client has 3 hours to pay after the Professional accepts the booking.
4. d.If the Service starts in less than 12 hours: The Client has 1 hour to pay after the Professional accepts the booking.

5.3 If the Client fails to pay within the applicable time limit, the offer referred to in Article 3.6 of these Terms and Conditions shall automatically lapse by operation of law. As a result, the offer can no longer be accepted in accordance with Article 3.7 of these Terms and Conditions, unless the Professional expressly agrees in writing to the conclusion of the Services Agreement.

5.4 Expat Bubble shall collect payments on behalf of the Professional and shall remit the net amount (being the agreed fee less the applicable Commission, applicable taxes and any other amounts owed by the Professional to Expat Bubble) to the Professional within fourteen (14) days of successful completion of the Services, subject to Article 5.3. Payouts occur weekly on Mondays, which may result in a longer payment period.

5.5 Expat Bubble may (temporarily) withhold or adjust the payout to the Professional in the event of: (i) a pending complaint or dispute regarding the relevant Services Agreement; (ii) a refund due to the Client pursuant to Article 8 of these Terms and Conditions; or (iii) any other legitimate reason as communicated to the Professional in writing.

5.6 Payments made directly to the Professional are strictly prohibited, regardless of the payment method used. All payments must be made exclusively through the Platform. If the Client nevertheless makes or attempts to make a payment outside the Platform, no Services Agreement shall be concluded via the Platform, and neither the Platform nor Expat Bubble shall have any involvement whatsoever in the conclusion of any agreement between the Client and the Professional. Expat Bubble shall bear no responsibility in respect of any such payment or any resulting Services Agreement. Without prejudice to any other rights or remedies available to Expat Bubble, Expat Bubble shall be entitled to: (i) impose on the Professional a penalty equal to the Commission that would have been payable had the Services Agreement been concluded via the Platform; and (ii) exercise its rights pursuant to Article 10.2. The Parties agree that this is a reasonable penalty.

5.7 If the amounts owed by the Professional to Expat Bubble (including Commission or indemnification) exceed any amounts due to the Professional, Expat Bubble is entitled to set off such amounts and invoice the remaining amount to the Professional.

5.8 If the Professional fails to pay any amounts due to Expat Bubble on time, the Professional shall owe statutory commercial interest on the outstanding amount from the due date, without any notice of default being required.

6.1 The Professional shall perform each Services Agreement to the standard that may reasonably be expected from a skilled and experienced professional in its field. The Professional shall comply with all applicable laws and regulations in the performance of the Services and perform the Services strictly in accordance with the requirements prescribed in the Services Agreement.

6.2 The Professional is an independent contractor and shall not be deemed an employee, agent, or representative of Expat Bubble. Expat Bubble does not instruct the Professional on how to perform its work.

6.3 The Professional warrants that it holds all required licences, registrations, qualifications, and insurance necessary to lawfully perform the Services and to comply with any applicable professional or regulatory requirements.

6.4 The Professional shall maintain adequate professional liability insurance and, where relevant, public liability insurance, in amounts appropriate for the type of Services offered. The Professional shall provide evidence of such insurance to Expat Bubble upon first request.

6.5 The Professional shall be present at the agreed time and location to perform the Services. If the Professional is unable to attend, it shall notify the Client and Expat Bubble as soon as possible in accordance with Article 8 of these Terms and Conditions.

6.6 If a Client submits a complaint regarding the Services, it may suspend further provision of the Services until Expat Bubble has assessed the allegations. The Client may thereafter contact the Professional directly to resolve the dispute, in which case the Professional shall act reasonably. If a complaint is submitted through Expat Bubble, the Professional shall cooperate with the complaint-handling procedure as set out in Article 6 of the Client Terms and Conditions.

6.7 If the Professional does not or cannot remedy the defect, Expat Bubble may, at its sole discretion, decide on an appropriate remedy, which may include a partial or full refund to the Client. If the Client has remedied the defect itself, or has the defect remedied by a third party, without allowing the Professional a reasonable opportunity to remedy the defect, Expat Bubble cannot assess the correctness of the allegations made and will not pay any reimbursement.

6.8 The Professional shall at all times act in a respectful and professional manner. The Professional shall not engage in any form of discriminatory conduct towards Clients on the basis of race, nationality, gender, religion, disability, sexual orientation, or any other protected ground.

7.1 Upon completion of the Services, and/or after expiration or termination of the Services Agreement, Clients may submit a review of the Professional on the Platform. The Professional acknowledges that such reviews may be published on the Platform and may be used by Expat Bubble in composite ratings.

7.2 The Professional acknowledges that Expat Bubble may, based in part on Client reviews, at its sole discretion assess whether the Professional may continue to offer Services via the Platform.

7.3 Reviews are user-generated content. Expat Bubble does not pre-screen all reviews and expects all reviews to be fair and accurate. However, Expat Bubble has no influence over the contents of user-generated reviews. If the Professional believes that a specific review on the Platform is incorrect, unlawful, or otherwise inappropriate, the Professional may report this to Expat Bubble using the contact details provided on the Platform. Expat Bubble shall process such notices in a timely, diligent, and objective manner and inform the Professional of its decision, including a statement of reasons.

7.4 The Professional shall not submit, solicit, or arrange for the submission of false, misleading, or inaccurate reviews on the Platform, whether in respect of itself or of other Professionals. Expat Bubble may remove reviews and/or exercise its rights pursuant to Article 10.2 if it determines, acting reasonably and in good faith, that a review has been manipulated.

8.1 The Client has the right to dissolve the Services Agreement within fourteen (14) calendar days of its conclusion (the withdrawal period) in accordance with the Client Terms and Conditions. To exercise this right, the Client must notify the Professional within this period by means of an unambiguous statement (for example, in writing or by email) or by using the model withdrawal form attached as Annex 1 to the Client Terms and Conditions. The Professional shall honour any such dissolvement. Upon a valid dissolvement by the Client within the withdrawal period, the Professional shall not be entitled to any payment for Services not yet performed.

8.2 The right to dissolve the agreement referred to in Article 8.1 lapses once the Services have been fully performed, provided that the Client has given express prior consent to the commencement of the Services within the withdrawal period and has expressly declared that it waives its right of withdrawal upon full performance of the Services.

8.3 The Client may terminate the Services Agreement at any time, subject to a reasonable notice period. In the event of termination, the Client shall reimburse the Professional for any costs reasonably incurred in connection with the performance of the Services Agreement. If the Services Agreement is terminated before the Services have been completed or before the agreed term has expired, and entitlement to payment depends on completion or the expiry of that term, the Professional shall be entitled to a reasonable proportion of the agreed fee, taking into account, for example, the work already performed. Such amount will be paid by Expat Bubble on behalf of the Client, using any pre-paid amounts by the Client.

8.4 If the Services Agreement is terminated by the Client within twenty-four (24) hours prior to the scheduled commencement of the Services, the Professional shall be entitled to the full agreed fee for such Services (minus Commission and applicable taxes), unless this would be unreasonable in light of the actual costs and losses suffered by the Professional. In the case of Services to be performed over multiple days, the Professional shall be entitled to an amount equal to the fee for the first scheduled day, calculated on the basis of the total agreed fee. This Article 8.4 shall also apply in the event that the Client fails to appear (on time) at the agreed location.

8.5 The Client and the Professional may cancel or reschedule the Services at any time, subject to the prior written consent of both the Client and the Professional. The Client may request a rescheduling of the Services without the prior consent of the Professional in the event of urgent circumstances that prevent the (proper) performance of the Services. In such cases, Expat Bubble may at its sole discretion require the Professional to reschedule the Services, which the Professional shall adhere to.

8.6 If the Professional fails to appear for the provision of the Services without prior notice to the Client, the Client shall be entitled to a full refund of the amount pre-paid for the Services, unless the Client and the Professional agree to reschedule the Services at a different date and time.

8.7 If the Professional is more than fifteen (15) minutes late for the provision of the Services and the Client refuses performance as a result, the Client shall be entitled to a full refund of the amount pre-paid for the non-performed Services. In such case, Expat Bubble shall be entitled to deduct the full amount of such refund from any amounts due to the Professional.

8.8 All refunds to Clients shall be processed by Expat Bubble in accordance with the Client Terms and Conditions, and the Professional hereby irrevocably authorises Expat Bubble to process such refunds on its behalf. In the event that Expat Bubble issues a refund to a Client pursuant to this Article 8, Expat Bubble shall be entitled to the Commission that Expat Bubble would have received in respect of the relevant Services had no refund been issued. This amount may be invoiced separately and/or deducted from any amounts due to the Professional. The foregoing is without prejudice to any other rights or remedies available to Expat Bubble.

9.1 The Professional acknowledges that Clients are consumers within the meaning of applicable Dutch and European consumer law. The Professional shall, in the performance of every Services Agreement concluded via the Platform, comply with all mandatory consumer law provisions applicable to the provision of services to consumers.

9.2 Without limiting the generality of Article 9.1, the Professional shall:

1. a.Clearly communicate to the Client the principal characteristics of the Services, the total price (inclusive of VAT) and any additional costs prior to the conclusion of the Services Agreement;
2. b.Honour the Client's right of withdrawal in accordance with Article 8 of the Client Terms and Conditions and Article 8 of these Terms and Conditions;
3. c.Perform the Services in conformity with the Services Agreement and, where applicable, with the statutory guarantee that the services conform to what the consumer may reasonably expect;
4. d.Not apply any additional charges, levies, or supplementary payments to which the Client has not expressly consented.

9.3 The Professional shall indemnify and hold harmless Expat Bubble against any claims, liabilities, damages, fines, and costs (including reasonable legal fees) arising from any failure by the Professional to comply with any Services Agreement(s), these Terms and Conditions and applicable mandatory consumer law in the context of a Services Agreement.

10.1 The Professional may terminate its account on the Platform at any time by written notice (email suffices) to Expat Bubble. Termination does not affect obligations accrued prior to termination, including under any existing Services Agreements, and the Professional shall remain bound by these Terms and Conditions in respect thereof.

10.2 Expat Bubble may at all times, acting reasonably, fairly and proportionately, suspend or terminate the account with immediate effect and without prior notice being required and without prejudice to any other rights Expat Bubble may have, including but without limitation in any of the following cases:

1. a.Breach of any obligation by the Professional under these Terms and Conditions or applicable law;
2. b.Fraud, misrepresentation, or wilful misconduct by the Professional;
3. c.Repeated, unresolved or serious complaints from Clients about the Professional or its Services;
4. d.Offering or performing services that are illegal, harmful to third parties, or that infringe the intellectual property rights or other rights of third parties;
5. e.Accepting or soliciting payments outside the Platform in violation of Article 5.6;
6. f.Submitting, soliciting, or arranging false reviews in violation of Article 7.4; or
7. g.Insolvency, bankruptcy, or the appointment of an administrator or receiver.

10.3 Expat Bubble shall notify the Professional of a suspension or termination and the reasons therefor as soon as reasonably possible, unless this would be contrary to applicable law or a court order.

10.4 Termination or suspension of the account by Expat Bubble does not affect the obligations under any Services Agreement(s) concluded prior to such termination or suspension.

11.1 Where relevant, each Party shall comply with applicable data protection legislation, in any case consisting of the General Data Protection Regulation and the Dutch Telecommunications Act, in connection with any personal data processed in the context of the use of the Platform, these Terms and Conditions or any Services Agreement.

11.2 The Professional processes personal data of the Client and shall in that regard implement appropriate technical and organisational measures to protect the personal data of Clients processed by or on behalf of it in connection with the Services Agreement against unauthorised access, loss, or disclosure. In some cases, Expat Bubble may, as data processor, process personal data on behalf of the Professional. If that is the case, a separate data processing agreement will be concluded.

11.3 The Professional shall not request, accept, or process any personal data of Clients beyond what is strictly necessary for the performance of the Services Agreement, and shall do so in accordance with applicable data protection legislation.

12.1 All intellectual property rights in and to the Platform, including but not limited to the software, design, databases, trademarks, logos and content (including but not limited to User Content as defined below) are and shall remain the property of Expat Bubble or its licensors. Nothing in these Terms and Conditions grants any right or license to use such intellectual property other than as strictly necessary to use the Platform in accordance with these Terms and Conditions.

12.2 All information, materials, reviews, images, requests, offers, and other content submitted or made available via the Platform by a Client or Professional ("User Content") remains the property of the party that submitted it. By submitting User Content, the relevant party grants Expat Bubble a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, display, and make available such User Content for the purposes of operating, promoting, and improving the Platform.

12.3 Clients or Professionals shall not upload, post, or otherwise make available any content on the Platform that infringes the intellectual property rights or other rights of third parties. Each Client and Professional warrants that it has all necessary rights and permissions to make its User Content available via the Platform and indemnifies Expat Bubble against claims arising from any breach of this warranty.

12.4 Expat Bubble is not a party to any agreement between Clients and Professionals concerning the transfer or licensing of intellectual property rights in deliverables in light of Services and shall not be responsible for the terms governing such rights.

13.1 The Professional is responsible for the performance of the Services and for the consequences of any failure to perform the Services in accordance with the Services Agreement and/or applicable law. Expat Bubble is not liable for any act or omission of the Professional in relation to a Client or third party. The Professional shall indemnify, defend and hold harmless Expat Bubble against any and all claims, damages, losses, penalties and liabilities arising out of or in connection with such acts or omissions and/or any breach of these Terms and Conditions.

13.2 Expat Bubble shall not be liable to the Professional for any indirect or consequential loss, including but not limited to losses caused by delays, lost profits, lost savings, increased operational costs, damages caused by the Client, loss of customers, loss of goodwill, loss of data, or reputational damage, howsoever caused, regardless of the basis of liability, and regardless of whether it was advised in advance of the possibility of such damages arising in any way.

13.3 Expat Bubble's total aggregate liability to the Professional for direct loss arising from or in connection with these Terms and Conditions shall in no event exceed the total Commission received by Expat Bubble from the Professional during the three (3) months preceding the event giving rise to the claim.

13.4 Expat Bubble shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions to the extent that such failure or delay is caused by circumstances beyond its reasonable control (force majeure) including but not limited to natural disasters, government action, war, cyberattacks, or failure of third-party infrastructure.

13.5 Nothing in these Terms and Conditions shall exclude or limit liability for loss or damage arising from fraud, intent or wilful misconduct, or for any other liability which cannot be excluded or limited under applicable law.

14.1 If any provision in these Terms and Conditions is declared null and void or is annulled, the remaining provisions shall remain in full force. The Parties shall replace the null and void or unenforceable provision with a provision that approaches the content of the original provision as closely as possible.

14.2 Nothing in these Terms and Conditions or the use of the Platform shall result in an agency or employment relationship between Expat Bubble and the Professional. Professionals are independent contractors. Expat Bubble does not set working hours, tools, salary, performance targets, or exclusivity.

14.3 Expat Bubble continuously strives to improve the Platform. As a result, the content and appearance of the Platform may be changed at any time. Expat Bubble may temporarily take the Platform offline from time to time, for example where this is necessary or desirable for maintenance or modification of the Platform.

14.4 The Professional shall not transfer or assign any of its rights or obligations under these Terms and Conditions to a third party without the prior written consent of Expat Bubble.

14.5 A failure or delay by Expat Bubble to exercise or enforce any right or remedy under these Terms and Conditions shall not constitute a waiver of that right or remedy.

14.6 These Terms and Conditions may be made available in multiple languages. In the event of any inconsistency or discrepancy between the various language versions, the English version shall prevail to the fullest extent permitted by applicable law.

15.1 These Terms and Conditions, Offers and any Services Agreements concluded via the Platform between the Professional and the Client are exclusively governed by the laws of the Netherlands.

15.2 Any disputes arising out of or in connection with these Terms and Conditions or the use of the Platform shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.

15.3 Any disputes arising out of or in connection with a Services Agreement shall be submitted to the court of competent jurisdiction in accordance with applicable law.