Terms and Conditions

Version 3.5 (June 2025)

Introduction: Jellow brings Clients and Freelancers together (Matching) and/or mediates in the establishment and elaboration of the contractual relationship between these parties (Contracting). These General Terms and Conditions apply in this regard.

Article 1: Definitions

The terms below have the following meanings:

Account
An Account contains unique login details with the associated data belonging to a Client or Freelancer, enabling them to log in to the Platform. An Account is linked to a specific person or legal entity and is non-transferable. A Client may authorise multiple Employees to each create their own Account.

Database
The collection of Freelancer Profiles that may or may not be publicly accessible via the Platform.

Contracting
The recording and elaboration of the contractual and financial administration of the relationship between the Freelancer and the Client in the event of Hiring.

Services
The services provided by Jellow (and its employees) to connect Clients and Freelancers with each other (Matching) and/or to contract them for Hiring (Contracting), including through the Database and the Platform.

Freelancer
The natural or legal person who works as an independent professional, has a Chamber of Commerce number, and registers his or her Profile online for inclusion in the Database.

Freelance pool
A selection of Profiles from the Database that are linked to the Client, whether exclusively or not. A Freelance pool may be shared with other Clients at the Client’s request.

Hiring
The process whereby the Client agrees with the Freelancer to carry out one or more specific Assignments. A “Hiring” may consist of a single Assignment or several consecutive Assignments carried out over a certain period of time.

Jellow
Jellow Holding BV, Chamber of Commerce number: 56519559, Nieuwe Haven 25, 1411 SG, Naarden and Jellow Nederland BV, Chamber of Commerce number: 71693955, Nieuwe Haven 25, 1411 SG, Naarden.

Jellow Club
A community where freelancers can connect and share information with each other.

Jellow Contracting
A party designated by Jellow that takes care of the contracting.

Matching
Establishing a connection between the Client and the Freelancer. Matching is always followed by Contracting, unless this is waived.

Client
The natural or legal person who runs a business, i.e. not a private individual, with one or more Accounts through which he or she uses Jellow’s Services.

Assignment
A specific task, project or work that the Freelancer will perform for the Client. This Assignment often includes details such as the nature of the work, the expected results, the deadlines, number of hours per week, duration of the Assignment, indicative hourly rate and any other relevant specifications.

Agreement
The contractual relationship between the Parties is established by means of online registration and/or signing a contract and/or agreeing to a quotation, on the basis of which the Services of Jellow may be used.

Parties
Are Clients and Freelancers on the one hand and Jellow on the other.

Platform
The online environment provided by Jellow, which Users with an Account can log into.

Profile
All information provided by or about the Freelancer and stored by Jellow for the purpose of giving (potential) Clients a clear and up-to-date picture of the Freelancer. A Profile may consist of the Freelancer’s CV, reviews, rates, availability, contact details and/or other information.

Service Fee
The service fee is a fee that the Client owes to Jellow for Jellow’s Services. Its application depends on the chosen service:

  • Service fee for clients who have already found a freelancer themselves and only use Contracting. These clients pay a service fee that relates exclusively to the Contracting part.
  • Service fee for clients who use Matching to find and contract the right Freelancer. These Clients pay a combined service fee that covers both Matching and Contracting.

The Service Fee forms part of the Agreement. For a complete overview of the rates, please refer to:
wordpress.jellow.nl/pricing.

Article 2: Registering for the Platform, conclusion of the Agreement and use of the Platform

2.1 These general terms and conditions apply to every Agreement.

2.2 Any terms and conditions to the contrary shall not form part of the Agreement concluded between the Parties, unless and insofar as both Parties have expressly agreed to this in writing. The possible non-applicability of any provision (or part thereof) of these general terms and conditions shall not affect the applicability of the other provisions.

2.4 After applying for an Account, the applicant will receive an email and/or a verification code to access the Account. Jellow reserves the right to revoke access to the Account, for example if it appears that:

  • a Client is directly or indirectly involved in employment services,
  • a Freelancer does not perform freelance work,
  • a Freelancer does not meet the legal requirements for freelance work.
  • a Freelancer is unwilling to provide the data requested by Jellow to complete his or her Profile.
  • A Client fails to make payment after the payment term has expired.

2.5 Jellow always has the right to refuse a registration request or to deactivate, block and/or delete an Account that has already been created, without giving reasons.

2.7 Every User is obliged to check all data entered by him or her, to avoid inaccuracies to the best of his or her ability, and to immediately report any inaccuracies in the data already provided or stated, or in the conditions set, as well as any subsequent changes, to Jellow or to correct them on the Platform. The User guarantees that all data entered by him or her is accurate, complete and without reservation and will, immediately after being requested to do so by Jellow, submit any requested supporting documents, such as copies of identity documents, Curriculum Vitae and extracts from the trade register of the Chamber of Commerce.

2. 8 If Jellow and/or its partners add data to the Profile after approval by or notification to the User, this also falls under the responsibility as referred to in Article 2.7 of the terms and conditions. Examples of data that may be added by Jellow and/or its partners include the CV, profile photo, hourly rate, name and address details, availability, location, tags, etc.

2.9 The User is responsible for the security and confidentiality of the login details for his or her Account. He or she is also responsible for the authorised or unauthorised use of his or her Account and the data resulting from his or her registration, and is obliged to inform Jellow immediately if he or she notices or suspects any misuse of his or her Account.

2.10 The User guarantees that he or she will refrain from any action that impairs the functionality of the Platform and/or the data in the Database or that could result in data from the Database becoming accessible to third parties without Jellow’s permission. The User shall at all times refrain from improper use of the Database and/or the Platform. Improper use shall in any case include, but is not limited to:

  • Posting or sending via the Platform incomplete, incorrect or inaccurate information or information that does not belong to the User;
  • Posting any content or material that promotes false or misleading information or illegal activities;
  • Requesting or reusing substantial parts of the content of the Database (“spidering”/’harvesting’/“milking”) by automated means, such as using a search programme, or otherwise via the Platform or parts thereof;
  • Performing any activity that places an unreasonable or exceptionally large load on any infrastructure of the Platform and/or Database;
  • Entering or sending data with the aim of gaining access to data that would not normally be shared with the User via this route (for example, but not exclusively, via “injection” and/or “cross-site scripting”);
  • Entering, modifying or deleting data belonging to other Users without the explicit permission of Jellow.

Jellow reserves the right to suspend a User’s access to the Platform and/or Database or to remove a Freelancer’s Profile. Jellow also reserves the right to prosecute any improper use of the Platform and/or Database by a User.

2.11 The Client agrees to the mention of the Client’s name and logo on the Platform and in Jellow’s marketing-related communications.

2.12 Each Client shall designate at least one contact person who will be responsible for communication between the Client and Jellow. Both Jellow and this contact person shall be readily available during office hours. Until such a person is designated, the first natural person/User registered by the Client shall automatically serve as the contact person. If the Client cannot be reached for a period of four weeks, Jellow may assume that the Client is no longer active and may close any open Assignments and remove the Client.

2.13 Group companies that belong to the same group as the Client within the meaning of Section 2:24b of the Dutch Civil Code must also enter into an Agreement with Jellow themselves or create at least one account themselves or have one created for them.

2.14 The Agreement with the Client shall commence on the date of conclusion of the Agreement and shall be entered into for a pre-agreed period and shall be automatically renewed at the end of the term of the Agreement unless expressly agreed otherwise. Termination must be effected before the expiry of the Agreement by notifying Jellow in writing. Jellow will confirm the termination within one week. Only this confirmation from Jellow serves as proof that the Agreement has been terminated.

2.15 The Agreement with Freelancer commences on the date of registration and is entered into for an indefinite period. Termination is possible by deleting the Account.

2.16 After Termination, the Client’s and Freelancer’s Accounts will be deleted within one week of the end date of the Agreement. In addition to the Account, all data, including but not limited to information from the Profile, Assignments and messages, will also be deleted, with the exception of data that is subject to the statutory retention obligation.

Article 3: Contracting Parties

3.1 Jellow Contracting is carried out by partners of Jellow. If Matching has been achieved by Jellow, Clients are obliged to have Contracting carried out via Jellow Contracting. Separate contracts will be concluded for this purpose, in which Jellow is not a contracting party.

3.2 A contracting party may not transfer its rights and/or obligations under an Agreement with Jellow to a third party without Jellow’s written consent.

3.3 Role of Jellow

  • Jellow facilitates a Platform with a Database and associated Services that enable Clients and Freelancers to connect with each other.
  • Marketing, social media and PR/communication are used and financed by Jellow to generate more brand awareness and, directly and indirectly, to attract more freelancers and clients.
  • Jellow is the first point of contact for all matters relating to the Platform, the Database and the Services.

3.4 Relationship between Freelancer and Jellow

  • Every Freelancer creates their own Profile. Jellow reserves the right to hide or delete a Profile if it is not complete (enough) or active.
  • A Freelancer keeps his or her Profile, including the indication of his/her availability, up to date by adjusting it in the Profile. Jellow reserves the right to inform the Freelancer and adjust the availability to “unknown” status if it has remained unchanged for a considerable period of time.
  • At the Freelancer’s request, Jellow may add data from the CV or LinkedIn profile provided by the Freelancer to the Freelancer’s Profile. It is the Freelancer’s responsibility to ensure that the data provided is correct and up to date.
  • Jellow reserves the right at all times to make certain Freelancers invisible, block them, deactivate them and/or remove them. At the Freelancer’s request, Jellow will explain its decision.
  • Freelancers shall respond appropriately to messages and/or Assignments from Clients and/or Jellow.

3.5 Relationship between the Client and Jellow

  • Jellow grants the Client access to (part of) the Database, as agreed between the Client and Jellow in the Agreement.
  • The Client shall not copy, store, forward and/or make data from Jellow available to third parties in any way without the prior approval of the Freelancer(s) concerned. An exception to this is the forwarding of one or more profiles via the Platform to one or more colleagues for assessment of the Freelancer(s).
  • The Client shall not in any way directly approach Freelancers who are not part of the Client’s Freelance pool for commercial activities other than those directly related to an Assignment advertised via the Platform.
  • Jellow is in no way liable or responsible for the direct and indirect consequences that may arise from communication between the Client and the Freelancer.
  • Communication between the Client and Freelancer always starts with a message or an Assignment via the Jellow Platform. Once Jellow makes the Freelancer’s contact details visible to the Client, contact can also be sought outside of Jellow, for example via email or telephone.
  • The client shall respond appropriately to messages received from Freelancers and/or Jellow.
  • Jellow reserves the right to block, deactivate and/or delete certain Accounts at any time. Jellow will explain its decision at the Client’s request.

Article 4: Use of the Database

4.1 Clients who have a current Agreement and an approved Account have access to the Platform and the public part of the Database or part thereof, if agreed, as well as the Profiles in the Client’s Freelance pool.

4.2 Jellow heeft toegang tot alles.

4.3 Freelancers only have access to their own Profile and the Assignments that have been shared with them or are publicly available. Freelancers do not have access to the Profiles of other Freelancers, unless these other Freelancers have agreed to this, either explicitly or implicitly, for example by joining the Jellow Club.

4.3 After logging in, Jellow may ask the User for additional validation, for example by entering a unique code from an SMS or email, before granting access to the Platform.

4.4 Because it is difficult to verify the authenticity of users on the internet, Jellow cannot guarantee that every Freelancer is who they claim to be.

4.5 In order to promote security, Jellow may keep metadata about login attempts. Metadata may consist of, for example, device, browser, internet connection, and/or location-identifying data.

Article 5: Making selections, assigning tasks and hiring

5.2 As long as the Assignment is ongoing and/or the Agreement has not yet expired and/or been terminated, the Client or any User may communicate directly with all Freelancers who have responded to an Assignment posted by Jellow and/or the Client. This is not permitted thereafter.

5.3 The Client shall negotiate with the Freelancer regarding the duration of the work to be performed, the number of hours per week, the final hourly rate and any additional charges for travel and accommodation expenses.

5.4 The Freelancer’s hourly rate as stated on the Platform is always exclusive of VAT and exclusive of any surcharge on the hourly rate to be agreed between the Freelancer and the Client for, for example, travel and accommodation expenses, and exclusive of the Service Fee that the Client may owe to Jellow as further elaborated in Article 6. The hourly rate stated on the Freelancer’s Profile is an indication only, from which no rights may be derived.

5.5 In the event that the Client makes use of Contracting, the hiring of a Freelancer by a Client must be arranged financially and contractually by Jellow Contracting. The Client may not hire a Freelancer for an Assignment outside of Jellow Contracting if the relationship with the Freelancer was established through Matching, unless the Client and Jellow have explicitly agreed to this prior to the Hiring.

5.6 When hiring through Jellow Contracting, a pre-agreed service fee will be charged per invoiced hour. This service fee will be charged by Jellow Contracting to the Client and is therefore in addition to the rate agreed with the Freelancer. All rates are exclusive of VAT.

5.7 When hiring a Freelancer, both the Client and the Freelancer must take all possible care to ensure that the Hiring complies with the laws and regulations applicable to the Hiring. This includes the DBA Act, Chamber of Commerce registration, etc.

5.8 The hiring of the Freelancer via Jellow Contracting is initiated via the “Hiring” option on the Platform and/or via a Jellow employee. The Client is obliged to share all information with Jellow Contracting regarding the hiring of the Freelancer. Where necessary, Jellow Contracting will support the Client and Freelancer in finalising all contractual and financial matters. Jellow Contracting has the right to carry out relevant checks, such as a Chamber of Commerce check, a credit check, and/or to assess whether the Assignment complies with all laws and regulations (DBA Act, etc.) relating to the hiring of Freelancers. Jellow Contracting reserves the right to refrain from hiring, for example if the aforementioned checks do not yield the intended results. In that case, the Client will first contact Jellow to find a suitable solution.

5.9 If the Client decides to hire the Freelancer on a permanent basis, the Client shall pay an agency fee of 15% of the Freelancer’s gross annual salary, including holiday pay and any bonuses.

Article 6. Service fee

6.1 Determination of service fee for Hiring
The number of hours worked refers to the total number of hours that the freelancer has actually worked on the assignment and which have been approved by the Client. The freelancer’s hourly rate is the amount agreed in advance and which the freelancer receives for the services provided.

  • In Matching & Contracting, the agreed percentage is multiplied by the freelancer’s hourly rate and then by the number of hours worked.
  • In Contracting, the agreed fixed amount is multiplied by the number of hours worked.

For more information about the current percentages and fixed amounts, please refer to wordpress.jellow.nl/pricing.

6.2 Example calculation of service fee
Suppose a Freelancer and Client have found each other through Jellow (Matching) and have agreed that the Freelancer will receive £80 per hour (excluding VAT) for each hour worked and that the Freelancer has worked a total of 400 hours on the Assignment (the Hire). In this case, the total Service fee for Jellow is:

  • 400 hours x £80 x 15% = £4,800

The service fee is charged monthly based on the actual number of hours worked in the previous month. In some cases, the service fee may be charged at a different frequency. Examples include a buy-out (see below) or hiring through a broker who uses a different frequency.

Article 7. Duration of the Hire

7.2 The Client’s hiring of the Freelancer is initially based on an Agreement for a specific duration, expressed in hours. The hiring will be done through Jellow for up to 2,080 hours. After this period, the Client has the following options:

  • Option 1: The Client may choose to employ the Freelancer free of charge or to hire them directly. In this case, the Hiring through Jellow will end.
  • Option 2: The Client may choose to continue hiring the Freelancer through Jellow.

7.3 It is up to the Client to indicate if option 1 is chosen. Jellow is not responsible for the failure to report or late reporting of the fact that the 2080 has already been achieved.

7.4 Until the Client has been charged for 2,080 hours pursuant to a Freelance Assignment (including any extensions), the Client is not permitted to enter into an employment relationship with the Freelancer without Jellow’s written consent. Entering into an employment relationship is understood to mean:

  • entering into any Agreement concerning the same or other work between the Freelancer and the Client; and/or
  • having Freelancer deployed by a third party for the benefit of the Client for the same or other work; and/or
  • entering into an Agreement between Freelancer and a third party for the same or other work, whereby the Client and that third party are affiliated in a group or one is a subsidiary of the other.

7.5 If the Client enters into a relationship with the Freelancer in violation of the provisions of Article 7.4 of this article, the Client shall owe Jellow an amount equal to 40% of the Freelancer’s last applicable fee for 2080 hours, minus the hours already charged on the basis of the relevant Freelance Assignment (including any extensions).

7.6 If a (potential) Client initially came into contact with a (prospective) Freelancer through Matching without the deployment of the Freelancer in question resulting in a Hire and the (potential) Client enters into a relationship (as referred to in paragraph 4 of this article) with the relevant (prospective) Freelancer within six months of this contact being established, the Client shall owe Jellow a fee of €10,000 excluding VAT.

Article 8: Redemption of the Hire

8.1 Article 8 applies to Clients who use Matching but do not wish to use the associated Contracting service.

8.2 In the event that the Client wishes to contract the Freelancer directly or through another party from the start of the Hiring and/or before the 2080 hours have been reached, the following rules apply:

  • The Client shall pay a settlement amount equal to the Service Fee that Jellow would have received during this Hire Period. This shall be invoiced in advance in a single instalment. In the event of an extension of the Hire Period, a new settlement invoice shall be generated.
  • Regardless of the duration of the Hiring, a settlement invoice will always amount to a minimum of €500.
  • The maximum amount for all settlement invoices together relating to a Hire is 2080 hours x 15% x the Freelancer’s hourly rate.
  • The settlement invoice will be sent at the start of the Hire and/or the extension of a Hire.

8.3 Jellow may require that the Hire be redeemed under the above conditions if:

  • The client is a foreign company
  • and/or the Client is not accepted after a credit check
  • and/or The total service fee for this Hire is less than €500
  • The Freelancer does not have a Dutch Chamber of Commerce number

8.4 These rules are designed to ensure financial accountability and transparency between Clients, Freelancers and Jellow. They provide clarity on the conditions for buy-outs in various situations, which contributes to fair and constructive cooperation. Compliance with these rules is essential to maintaining a positive and sustainable business relationship.

Article 9: Liability and warranties

9.1 Jellow performs its duties as may be expected of it in the context of its service provision, but accepts no liability whatsoever for damage, consequential damage, business interruption, loss of profit and/or stagnation resulting from acts or omissions on the part of Jellow, its staff or third parties engaged by it, except in cases of intent and/or deliberate recklessness on the part of Jellow itself, its management and/or its managerial staff.

9.2 Without prejudice to the provisions of the previous paragraph of this article, Jellow shall never be liable for compensation in excess of the amount covered by insurance taken out by Jellow.

9.3 In all cases, the period within which Jellow can be held liable for compensation for established damage is limited to a maximum of 6 months, calculated from the moment on which the liability for compensation has been established.

9.4 Jellow will make every effort to keep the Platform and the Database available online. If, for any reason, the Platform and/or the Database are inaccessible and the problem cannot be resolved within one working day, Users will be notified of this by email and/or the status of the problem will be communicated via the Platform (if possible). Jellow is not liable for any damage resulting from the inaccessibility of the Platform and/or the Database.

9.5 Jellow makes no warranties regarding the functionality, compatibility with specific software browsers or performance of the Platform and/or the Database.

9.6 Jellow cannot guarantee that the Client will find one or more Freelancers in the Database who are suitable for the Assignment.

9.7 Jellow and Jellow Contracting are in no way liable for any incorrect choice made by the Client in determining the right Freelancer or made by the Freelancer in accepting the Assignment.

9.8 The risk of damage resulting from work performed by the Freelancer and/or his presence at a Client’s premises rests entirely with the Client. If the Client wishes to make other arrangements in this regard, the Client shall consult with Jellow Contracting and/or the Freelancer. Deviating arrangements may entail additional costs for the Client.

9.9 Jellow guarantees that Jellow Contracting will not impose any restrictive conditions on the Client and Freelancer other than these terms and conditions and those conditions necessary for the proper contractual and financial handling of the Assignment. The DBA Act or its replacement will serve as a guideline in this regard.

Article 10: Fees and Financial Settlement

10.1 Freelancers do not pay anything for having an Account. They can therefore register for free, create and manage a Profile, and use Jellow’s Services.

10.2 If the Client hires a Freelancer, the Client shall owe a Service Fee.

10.3 Unless otherwise agreed, all invoices are payable within 30 days of the invoice date or partial invoice date.

10.4 If payment has not been made within the agreed term, the Client shall owe Jellow any extrajudicial collection costs, interest and reminder costs.

Article 11: Confidentiality

11.1 During the term of the Agreement and after its termination, the Parties and Users are obliged to maintain absolute confidentiality towards third parties with regard to all confidential information concerning the business operations of the Parties, individually or jointly, unless the information in question is in the public domain or the disclosure of such information is required by law.

11.2 When using the Database, every User shall comply with the applicable privacy regulations and shall only store and process data derived from the Database in accordance with these regulations. Jellow applies the guidelines and obligations as stated in the GDPR.

Article 12: Intellectual property

12.1 All rights, titles and interests, including all intellectual property rights, in and to: (i) all technology and software included in or incorporated into or forming part of the Platform and (ii) the content on or part of the Platform and Database and (iii) all elements that form part of or are included in (or form a collection or compilation of) any of the foregoing, belong to Jellow. The Agreement does not create any (co-)ownership of the foregoing.

12.2 The items referred to in the previous paragraph may not be copied in whole or in part or otherwise used for any purpose other than that intended in this Agreement without Jellow’s written consent. Clients and Freelancers indemnify Jellow against any infringements of third-party intellectual property rights.

Article 13: Other provisions

13.1 Jellow uses monitoring and other means to detect misuse and improper use of its Services. Clients and Freelancers agree that Jellow may use these means to detect possible misuse.

13.2 Both the Client and the Freelancer are obliged to report any abuse by other Users or third parties to Jellow if such abuse is observed.

13.3 Jellow applies a Fair Use Policy to the use of the Services.

13.4 The Client guarantees that information about age, gender, religious beliefs, health, sexual orientation or ethnicity, or any other similar information provided by a Freelancer, will not be used in any decision relating to placement.

13.5 Jellow strives to continuously optimise its Services and service provision. In this context, Jellow reserves the right to monitor and analyse the use of the Platform and the Database up to and including User level and, if necessary, to approach Users with concrete proposals for improved use and/or new functionalities.

13.6. Jellow is entitled to unilaterally amend these general terms and conditions at any time. Amended terms and conditions will take effect at the time of publication on the Jellow website, unless otherwise required by law. The next time a User logs in after a change, the User will be asked to explicitly agree to the new version of the general terms and conditions. Without this agreement, the User will no longer be able to use Jellow’s services. Jellow records in its database for each User which version of the terms and conditions has been accepted. The version most recently accepted by the User applies to the legal relationship between Jellow and that User.

13.7 All content on the Platform and the composition of content on the website, such as text, images, logos, icons, digital downloads, audio clips and software, are the property of Jellow and are protected by copyright.

Article 14: ‘100% DBA proof’ – indemnification against additional tax assessments and fines

14.2 Conditions for indemnification
Only a Client with a hiring assignment that has been contractually arranged after 1 November 2024 and has been confirmed by Jellow Contracting is eligible for indemnification. Any extensions of hiring agreements with an effective date prior to 1 November 2024 are excluded from this arrangement, as are all future hiring agreements with Clients who have previously hired through Jellow. The latter commencement date may be deviated from in consultation. In addition, the Client is obliged to comply with the obligations as agreed in the intervention or mediation agreement (hereinafter: Contract for Services) with Jellow Contracting. If it appears that the work deviates from the job description in the contract for services applicable between the parties and the Tax and Customs Administration imposes additional assessments, fines, etc. on that basis, the indemnification will lapse immediately and these additional assessments, fines, etc. will be fully borne by the Client(s). The Client shall at all times cooperate fully with any investigation by Jellow Contracting into, among other things, the (interim) assessment of the latter deviation, the (actual) relationship and work between the Client and the Freelancer(s). Freelancers are expressly excluded from this indemnification.

14.3 Refusal of indemnification.
Jellow Contracting reserves the right at all times to refuse indemnification prior to the Hiring if it appears that the specific circumstances do not meet the conditions of the indemnification. Examples of this are:

  • The Freelancer’s rate is below a certain level;
  • The Freelancer has been working for the Client for quite some time;
  • The Freelancer was recently employed by the Client;
  • Hiring takes place in sectors such as healthcare or education;
  • The independence of the Freelancer may be questioned;
  • The Assignment lacks a clearly defined head-to-tail structure or clear description of the desired outcome.

If Jellow Contracting rejects the indemnification, it will notify the Client of its reasons for doing so. Jellow Contracting is entitled to make exceptions on an individual basis.

14.4 Duty to report and cooperation in the event of an audit or penalty.
The client shall notify Jellow Contracting within 48 hours of any audit request from the Tax and Customs Administration and/or any additional assessment, penalty or other sanction (hereinafter: Sanction) imposed by the Tax and Customs Administration.

The client must cooperate fully with a joint defence with the relevant Jellow Contracting party against the Tax Authority’s penalty.

If the Tax Authorities impose a Penalty, the Client must provide Jellow Contracting with all relevant information regarding the imposed penalty as soon as possible, but no later than within three calendar days.

14.5 Invoicing and Payment of Additional Assessments or Penalties.
If all conditions are met, the Client may submit the final Penalty imposed by the Tax Authorities, including all relevant documentation, to Jellow Contracting by means of an invoice. Jellow Contracting will then pay this invoice within 30 days.

14.6 Limitations of the indemnification.
The indemnification applies exclusively to the specific Hiring for which an agreement has been concluded between the Client and Jellow Contracting and for which the indemnification has been declared applicable by Jellow Contracting. Jellow Contracting expressly does not indemnify any other type of damage resulting from or related to any Sanction, which is understood to mean, but is not limited to:

  • Reputational damage to the Client;
  • Claims for damages by freelancers against the client;
  • Precedent effect for other hiring relationships;
  • Any other indirect damage.

14.7 Jellow Contracting does not offer any indemnification to the Freelancer in the event that the Tax Authorities determine that there is an employment relationship between the client and the Freelancer.

Article 15: Dispute resolution

15.1 Dutch law applies to every Agreement between Jellow and a counterparty.

15.2 Any disputes shall be settled before the competent court in Amsterdam.