6.1. A Client has the option to add a review to the Profile page of the Professional. In the review, the data requested there are provided by the Client. When placing a review, the Client will adhere to the Review Policy published here.
6.2. The content of a review is determined by a Client and Werkspot has no influence on this in principle. The Client is aware that reviews about a Professional do not provide any guarantee about the quality of a Professional and the work to be performed by him. Werkspot cannot be held responsible for the content of reviews. Werkspot is not liable for any damage that arises because a Client relies on a review published on the Platform or that otherwise results from a review (with the understanding that this provision does not release Werkspot from a legal obligation to pay damages in relation to consumers, either in whole or in part).
6.3. Werkspot is entitled to remove or adjust a review at any time. It may do so, but not exclusively, if, following a report, it appears that the review is incorrect, unreliable or unlawful, or otherwise does not comply with the Review Conditions as published on the Platform.
6.4. In addition to the other provisions in these General Terms and Conditions, a review must at least meet the following conditions:
(a) a review may not contain any defamatory, vulgar, obscene or racist language;
(b) a review may not contain any personal data of a Professional or another User or natural person;
(c) a review may not contain any links and/or scripts;
(d) a review may not contain any incorrect or misleading information; and
(e) a review must be added by the Client and must relate to the Professional with whom the Client has entered into an agreement to carry out part or all of the posted job and at least one of the following applies: that job has started; that job has been completed; part of the possible payment has been paid by the Client to the Professional.
6.5. Werkspot takes a number of steps to ensure that reviews are posted by Clients who have had the assignment (partially) carried out by the relevant Professional. In order to post a review, Clients must have placed an Advertisement and have designated the Professional on the Platform as the person who accepted and/or (partially) carried out the assignment. If a Review concerns an assignment that was carried out before the Professional was part of the Platform, Clients must show a valid invoice as proof that the assignment was actually carried out. Werkspot does not allow paid or sponsored reviews, and all Reviews are therefore posted voluntarily, without reward or payment. Werkspot publishes all posted valid Reviews, not just the positive ones.
Article 7. Privacy
7.1. Werkspot processes personal data of Users for the purpose of performing the Services and related activities and in accordance with the General Data Protection Regulation and subsequent legislation regarding the protection of personal data.
7.2. The Privacy Statement of Werkspot, as published on the Platform, applies to this processing of personal data.
Article 8. Account and provision of information by the Client
8.1. In order to use the Services of Werkspot, the Client must create an Account in the manner described on the Platform, stating the requested data.
8.2. An Account will only be created when Werkspot has confirmed this in writing by e-mail.
8.3. Werkspot is entitled to refuse or remove (the creation of) an Account and/or (the placing of) Advertisements, reviews or other information by the Client if there are valid reasons for doing so. A valid reason may be, for example, that there is a suspicion that the Client is acting in violation of these General Terms and Conditions and/or that the Client has previously misused the Platform.
8.4. In order to gain access to the Account, a password is provided to the Client. The password is strictly personal and the Client may not allow third parties to use it. The Client is liable for any use made of his Account and indemnifies Werkspot against any claim by third parties regarding damage or otherwise, in any way arising, through the use made of the Service by means of his Account (with the understanding that this provision: (i) does not release Werkspot in whole or in part from a statutory obligation to pay damages to consumers and (ii) does not oblige consumers to bear any damage that Werkspot or a person or thing for which Werkspot is liable causes to third parties in their relationship with Werkspot to a greater extent than they would be obliged to do under the law).
8.5. The Account can be deleted at any time if desired by sending an email to [email protected] with the subject ‘Client Account Removal’ or by deleting the Account via the Platform.
8.6. By deleting the Account, the Agreement between the parties is terminated.
8.7. Werkspot is entitled to change the password if this is necessary for security reasons or in the interest of the functioning of the Service, provided that Werkspot will inform the Client of the changed password.
Article 9. Intellectual property rights
9.1. All intellectual property rights relating to the Platform belong exclusively to Werkspot and/or its licensors, with the exception of the material provided by the Users by posting Comments, Advertisements, assignments, reviews, proposals or otherwise.
9.2. The Client is not permitted to make the Platform or any content thereof available to third parties in any way whatsoever, to reproduce, distribute, transmit or to incorporate it in any other document or other material in any way whatsoever without the written permission of Werkspot. This means, among other things, that the Client is not permitted, without the prior written permission of Werkspot, to request and reuse a substantial part of the content of (a) database(s) and/or to request and reuse non-substantial parts of the content of (a) database(s) repeatedly and systematically in the sentence of the Database Act.
9.3. The Client guarantees that the information placed by him on the Platform, including Advertisements and reviews, does not infringe on the (intellectual property) rights of third parties. The Client fully indemnifies Werkspot against all possible claims from third parties in any way arising from and/or related to the information placed by him on the Platform, including any claim based on the allegation that the information in question infringes on any (intellectual property) rights of third parties (with the understanding that this provision: (i) does not release Werkspot in whole or in part from a statutory obligation to pay damages to consumers and (ii) does not oblige consumers to bear any damage that Werkspot or a person or thing for which Werkspot is liable causes to third parties in their relationship with Werkspot to a greater extent than they would be obliged to do under the law).
Article 10. Exclusion
10.1. Werkspot reserves the right to exclude the Client from any (further) use of the Platform and the Service without a notice of default being required, by, among other things, blocking and/or deleting his Account, if there are valid reasons for doing so. This is the case in any case, but not exclusively, if:
(a) the Client acts in any way in violation of these General Terms and Conditions;
(b) the Client infringes (intellectual property) rights of third parties;
(c) Werkspot has a justified suspicion that the Client is guilty of fraud, deception, forgery and/or other criminal offences and the Client cannot demonstrate that this is not the case;
(d) the Client runs a temporary employment agency or a comparable company and uses the Service in that capacity;
(e) the Client sends commercial or other messages via the Service with a purpose other than, as can reasonably be assumed, obtaining responses from Professionals for the performance of work and/or otherwise acts in violation of Article 5.2 of these General Terms and Conditions;
(f) the Client acts in violation of the applicable laws and regulations; and
(g) the Client treats employees of Werkspot or Professionals unfairly by using libelous, slanderous, vulgar, obscene or racist language.
Article 11. Force Majeure
11.1. Werkspot is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure. Force majeure also includes a non-attributable shortcoming of suppliers and/or other third parties used by Werkspot, hacks and internet disruptions. However, this provision does not in any way deprive consumers of the right to claim the services promised by Werkspot.
Article 12. Liability Werkspot
12.1. The following Articles 12.2 to 12.4 apply (only) to Clients who are not consumers. None of the provisions of this Article 12 releases Werkspot in whole or in part from a statutory obligation to pay damages to consumers.
12.2. Werkspot is only liable for direct damage resulting from intent or gross negligence on the part of Werkspot. Direct damage is understood to mean exclusively the costs that the Client reasonably had to incur to repair or remedy the shortcoming of Werkspot, so that the performance of Werkspot does correspond to the Service, as well as reasonable costs to prevent or limit such damage and reasonable costs to determine the cause and extent thereof.
12.3. The total liability of Werkspot will never exceed an amount of € 500.00.
12.4. Any liability of Werkspot for indirect damage, including but not limited to consequential damage, loss of profit and loss of turnover, is excluded. More specifically, Werkspot is not liable for damage on the part of the Client caused by third parties, who may or may not use the Platform and/or the Services.
Article 13. References
13.1. The Platform contains references (for example by means of a hyperlink, banner or button) to the websites of third parties. Without prejudice to the provisions regarding unlawful information in Article 15 below, Werkspot has no control over these websites and Werkspot is not responsible for their content and/or the policy pursued, including the privacy policy. Werkspot advises the Client to take note of the (general) terms and conditions and privacy policy of those websites before using those websites.
Article 14. Security
14.1. Werkspot makes every reasonable effort to protect its systems against loss of data and any
form of unlawful use. Werkspot will implement appropriate technical and organizational measures for this, taking into account, among other things, the current state of the art.
Article 15. Notification of Infringement
15.1. Advertisements, reviews and other messages must be placed in the manner specified on the Platform and stating the data requested on the Platform.
15.2. If a Client believes that certain information on the Platform is unlawful, he can report this to Werkspot via the contact information on the Platform. Werkspot will process the report based on the data to be provided by the Client. The report will contain the information necessary for Werkspot to process it and the Client will provide Werkspot with further information upon first request. If Werkspot knows or should reasonably know, based on the report, that the information is unlawful, Werkspot will remove it.
Article 16. Disputes
16.1. These General Terms and Conditions, all Agreements between Werkspot and Client, any use of the Platform and any related disputes (on whatever grounds) are subject to Dutch law.
16.2. Any disputes arising from or related to these General Terms and Conditions, the Agreement and/or the use of the Platform, on whatever grounds, will be submitted exclusively to the competent court in Amsterdam, the Netherlands. However, if the Client is a consumer, the Client has one month from the moment that Werkspot has invoked this clause in writing against the Client to choose to have the dispute settled by the competent court according to the law.
Amsterdam, May 2025