Minite Works BV (hereafter called Minite) has its registered office in Rotterdam at adress Burgemeester Oudlaan 50, 3062PA Rotterdam and is registered with the Chamber of Commerce under number 83447539.
Job: Agreement of a Job that has been established by the use of platform Minite between client and High-Flyer
Client (User): Companies who use Minite to find High-Flyers who are willing to perform Jobs, also defined as any User registered with Minite with type “Company”
High-Flyer: Persons who uses Minite to search for Jobs
Client Profile: Personal page on the platform of Minite where High-Flyer can make his details and skills known to potential Clients, with which High-Flyer can submit a Proposal on a Job with Client at the agreeable terms
High-Flyer Profile: Personal page on the platform of Minite where High-Flyers can see their details
Taking into consideration:
Minite is a digital platform that enables Clients and High-Flyers to find each other. Clients can post a Job on Minite that High-Flyers can bid on. Client accepts the most suitable bidding of a High-Flyer, after which a Job is established between Client and High-Flyer, facilitated by Minite.
There are Conditions attached to the use of Minite to ensure Minite can work as an independent digital platform
Parties do not intend to establish an employment contract as referred to in article 7:610 BW between High-Flyer and Client or Minite
A digital platform where High-Flyers can find and source Jobs;
A digital platform where Clients can post Jobs and find High-Flyers to fulfill these Jobs;
Model agreements between Client, High-Flyer and Minite
1.2. User rights
Minite provides user with this user agreement the use of right of its platform. Minite allows user to create a profile on the platform.
Minite is not responsible for any content placed on its digital platform or on its website. Minite does take measures to ensure correctness, validity and completeness and has the right to adjust any Profile at Minite's own discretion.
1.4 Self-employed status
1.4.1 User acknowledges that he/she solely uses Minite to run their own company and to meet the needed self-employment criteria ("zelfstandigheidscriteria") for entrepreneurs. 1.4.2 User acknowledges that Minite does not guarantee the self-employed status of User under any circumstance1.4.3 User takes full responsibility, liability and accountability for reporting earned income from this Task to the relevant tax authorities. Minite does not offer guidance or advise in this regard.
Minite will take care of all invoicing. The full amount of the Job will be paid by Client after signing the agreement, within the payment terms of 7 days, or in case of a monthly ongoing agreement, on a monthly basis within the payment terms of 14 days. High-Flyer will be paid after successful completion of the Job, or in case of a monthly ongoing agreement, at the beginning of every new month provided that the contractual hours have been completed (and approved by Client) the previous month and provided that Client has paid the invoice to Minite. If Client opts for flexible hours and/or to be billed afterwards (as opposed to upfront), the invoice will be sent out at the beginning of the new month and High-Flyer will be paid by Minite when Client has fulfilled the invoice to Minite.
For Jobs that have been established between User and Client, User owes Minite a Admin Fee of 10% (excl. VAT) of the total transaction amount.
Minite is not responsible nor liable for:Filing tax return(s) of income tax, filing tax return for turnover tax and the use of insurances by User
Damage as a result of (either partially or in full) not fulfilling one or multiple provisions of this User agreement
The acts and or lack thereof of a Client or User, in any form
The information that is provided by a Client via the digital platform of Minite to User; and
When a Client does not comply with the applicable laws and regulations, intellectual property rights and privacy legislation for third parties
5. Termination of right of use
At any time, User and Minite have the right to terminate the registration of User on the digital platform and to terminate this User agreement without providing any reason and without the other party being held liable for damage that has resulted from the termination.
6. The Job
As a service, Minite provides a Job model agreement for Jobs to Clients and High-Flyers, which is based on an approved model agreement 90915.68203 by the Tax Authorities. Minite is not liable for any consequences for the use of the Job model agreement.
Minite is not liable for the quality of the work that the User provides or the quality of the Job that is provided by the Client.
6.3. Relationship with Client High-Flyer and compensation
High-Flyer will not accept any other form of compensation other than monetary. High-Flyer will not offer nor accept any other legal relationship with their High-Flyer, including but not limited to employment or internship unless a Conversion Fee is paid to Minite.
Section 7 discusses High-Flyers agreement to make and receive payments only through Minite for three years from the date High-Fler first identifies or meets Client on the Site, unless Client or High-Flyer pays a Conversion Fee; violating this Section 7 is a serious breach and Client Account may be permanently suspended for violations, as detailed below.
7.1 Payments via Minite
High-Flyer acknowledges and agree that a portion of the compensation Minite receives for making the Site available to High-Flyer is collected through the Admin Fee described in Section 5.1 and that in exchange a substantial value to High-Flyer is the relationships High-Flyer make with other Users when High-Flyer identifies or is identified by another person through the Site or Site Services (the “Minite Relationship”). Therefore, for 36 months from the start of a Minite Relationship (the “Non-Circumvention Period”), High-Flyer agrees to use Minite as exclusive method to request, make, and receive all payments for work directly or indirectly with that person or arising out of High-Flyer relationship with that person and not to circumvent invoicing via Minite unless Client or High-Flyer pay a fee to take the relationship off of the Site (the “Conversion Fee”).
By way of illustration and not in limitation of the foregoing, High-Flyer agrees not to:
• Offer or solicit or accept any offer or solicitation from parties identified through the Site to contract, hire, invoice, pay, or receive payment in any manner other than through the Site.
• Invoice or report on the Site or in a Conversion Fee request an invoice or payment amount lower than that actually agreed, made, or received between Users.
• Refer a User Client identified on the Site to a third-party who is not a User of the Site for purposes of making or receiving payments other than through the Site.
Try to circumvent Minite by inducing any Client to refer, provide names, or recruit other individuals or entities to work for, or provide services to, High-Fyert or any third parties (except via Minite) nor will High-Flyer cooperate with any efforts of any Client to do the same.
High-Flyer agrees to notify Minite immediately if a person suggests to High-Flyer making or receiving payments other than through the Site in violation of this Section 7 or if High-Flyer receives unsolicited contact outside of the Site.High-Flyer acknowledges and agrees that a violation of any provision in this Section 7.1 is a material breach of this User Agreement. High-Flyer Account may be permanently suspended and charged the Conversion Fee (defined below) if High-Flyer violate this Section 7.1. Suppose High-Flyer refuses to accept any new version of the User Agreement or any other Minite Agreement or elect not to comply with certain conditions of using the Site, such as minimum rates supported on the Site, and therefore choose to cease using the Site. In that case, High-Flyer may pay the Conversion Fee for each Client-High-Flyer relationship if they wish to continue working with on whatever terms High-Flyer and Client agree after High-Flyer ceases using the Site.
7.2 Communicating via Minite
Users agree to use the communication services available on the Site or any means provided by Minite (such as a Zoom call) to communicate with other Users prior to entering into an Agreement. High-Flyer agrees that prior to entering into a Agreement, High-Flyer (a) will use Minite as the sole manner to communicate with other Users; (b) will not provide Means of Direct Contact (defined below) to any other User or another person that High-Flyer identified or were identified by through the Site; (c) will not use Means of Direct Contact of another user to attempt to or to communicate with, solicit, contact, or find the contact information of a User outside of Minite; (d) will not ask for, provide, or attempt to identify through public means the contact information of another User; and (e) High-Flyer will not include any Means of Direct Contact (defined below) or means by which High-Flyer or Client contact information could be discovered in any profile, proposal, job posting, invitation, or pre-hire communication through the Site’s communications services (including in each case in any attached file), except as otherwise provided on the Site.
For purposes of the Terms of Service “Means of Direct Contact” means any information that would allow another person to contact High-Flyer directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant management system or means to submit a proposal or application outside of the Site, or any information that would enable a user to contact High-Flyer on social media or other website or platform or application that includes a communications tool, such as Skype, Zoom, Slack, Wechat, LinkedIn or Facebook.
For the avoidance of doubt, information is a Means of Direct Contact if it would enable another user to identify any of the information above through other sources, such as going to a website that included an email address or identifying Client on social media, such as through Facebook or LinkedIn.High-Flyer acknowledges and agrees that a violation of any provision of this Section 7.2 is a material breach of the Terms of Service. Client Account may be permanently suspended if High-Flyer violates this Section 7.2.
7.3 Opting out
Client or High-Flyer may opt out of the obligations in Section 7.1 only after each Client-High-Flyer relationship has transacted 1850 hours through the Minite platform, or if the High-Flyer pays Minite a Conversion Fee for each Client-High-Flyer relationship (defined as Client and High-Flyer having interacted on the platform).Client and High-Flyer agree that the Conversion Fee is 1850 x the highest hourly rate of the High-Flyer x 30%.
Client or High-Flyer will notify Minite immediately, but at least within 14 days, as soon as an (employment) agreement of any kind is established between Client and High-Flyer without Minite, or any other type of agreement (including but not limited to freelance through a model agreement, a project agreement, an internship). High-Flyer understands and agrees that if Minite determines, in its sole discretion, that High-Flyer has violated Section 7, (if Client or High-Flyer fail to notify Minite), both Client and High-Flyer owe Minite a fine of EUR 5.000,-, and close High-Flyer’s Account and revoke Client authorization to use the Site and Site Services, and/or (z) charge High-Flyer for all losses and costs (including any and all time of Minite’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.
8. Dutch law and jurisdiction
Dutch law applies to this User agreement. Any potential disputes will be presented exclusively to the authorised judge in Rotterdam, The Netherlands.