Terms and Conditions for Professionals
1. Definitions
1.1 Platform: The platform offered by Abexlab through the website www.profyer.com, mobile applications, or any other means that enables Clients and Professionals to connect for services in various fields.
1.2 Client: A person or entity seeking services from a Professional via the Abexlab platform.
1.3 Professional: A person or entity registered on the Abexlab platform to offer services to Clients.
1.4 Agreement: Any agreement between Abexlab and the Professional regarding the use of the Platform, regardless of the way such agreement is concluded.
1.5 Service: The functionalities provided by the Platform to facilitate the connection between Professionals and Clients.
1.6 Account: A user’s personal account on the platform that enables access to the Services, including the ability to create, manage, and delete profiles, Ads, and other related activities.
1.7 User: Refers collectively to both Clients and Professionals utilizing the Abexlab platform.
1.8 Ads: Requests raised by Clients to advertise job opportunities and hire Professionals on the platform, facilitating the connection between Users.
1.9 Abexlab: Abexlab B.V., Van Trigtstraat 33, 2597VW ’s-Gravenhage, KVK 91940370
2. Applicability
2.1 These Terms and Conditions apply to all agreements and legal relationships between Abexlab and the Professional.
2.2 Abexlab provides a platform enabling Clients and Professionals to connect for the purpose of performing work. Abexlab acts solely as a facilitator in this process and, accordingly, assumes no responsibility for the actions or omissions of Users on or in connection with the Platform or otherwise. The Platform does not operate as an employer but solely as a marketplace for the demand and supply of services.
2.3 The Agreement is concluded at the moment of registration as a Professional through the Platform and the creation of an Account on the Platform.
2.4 Abexlab reserves the right to modify these Terms and Conditions at any time. Changes will be communicated to the Professional. If the Professional does not agree with the modifications, they may terminate their use of the Platform before the changes take effect.
2.5 Any deviations from these Terms are only valid if explicitly agreed upon in writing or via email between Abexlab and the Professional.
2.6 Abexlab explicitly rejects any general terms and conditions from the Professional.
2.7. Abexlab reserves the right to modify the (content of its) Service at any time in response to (relevant) changes in applicable laws and/or regulations, market conditions, and/or shifts in business direction. Such modifications will be made at no additional cost to the Client, and Abexlab will provide the Client with reasonable prior notice on a durable medium regarding the nature and timing of the changes. The Client has the right to terminate the Agreement within 30 days of receiving notice if the changes result in a material alteration of the Service from what was initially agreed upon.
2.8. Both the Professional and Abexlab reserve the right to terminate this Agreement immediately. Abexlab will make reasonable efforts to announce the discontinuation of the Service in advance within a reasonable period prior to termination. If, under the given circumstances, immediate termination would be unreasonable for Abexlab in relation to consumers, Abexlab commits to providing them with reasonable notice, except where valid grounds exist for immediate termination.
2.9. Abexlab has compiled the content of the Platform with great care. However, all material information on the Platform, including comments, advertisements, tasks, reviews, and offers, is provided by Users. These Users bear full responsibility for the accuracy and completeness of such information. Abexlab is not responsible for the content of Responses, Advertisements, tasks, reviews, and offers, or for any other communications between Users (with the understanding that this clause does not wholly or partially release Abexlab from its legal obligations to compensate consumers). Abexlab is also not responsible for the fulfillment of obligations by Users, including payment obligations, the proper execution of work, and compliance with quality standards established by Abexlab.
2.10. While Abexlab makes reasonable efforts to ensure the accuracy, completeness, relevance, and legality of the information on the Platform, and to maintain the smooth operation of the Platform in accordance with applicable EU standards, Abexlab cannot guarantee that:
(a) all information on the Platform is accurate, complete, relevant, up-to-date, and lawful, including information provided by Users;
(b) the Platform will operate without interruption, be free of viruses, Trojan horses, or other errors and/or defects, or that any such defects will be corrected; and
(c) third parties will not unlawfully use the Platform and/or Abexlab's systems.
3. Use of the Platform
3.1 Only individuals or legal entities with the necessary qualifications, licenses, and legal documents to perform services within the EU are allowed to register as a Professional on the Abexlab platform. By using our platform, Professional confirms that they comply with all applicable national and local regulations, including, but not limited to, licensing requirements, taxation laws, data protection, and consumer rights. Professional agrees to provide services in accordance with the legal framework of the country in which the services are rendered and take full responsibility for any legal violations.
3.2 The Professional confirms that the use of the platform is not their primary employment but an opportunity for part-time or supplementary work.
3.3 The Professional guarantees the accuracy, completeness, and up-to-dateness of the information provided on the Platform, including their name, address, phone number, email, professional experience.
3.4 The Professional agrees to use the Platform solely for personal use and to offer services they are qualified and legally authorized to perform.
3.5 The Professional is responsible for ensuring compliance with all applicable laws and regulations in any country or location where they respond to customer requests and conduct business, including maintaining an active registration with the appropriate professional chamber or regulatory body.
3.6. Abexlab reserves the right to suspend or terminate the Professional’s account at any time if it determines that the Professional is not in compliance with these Terms, or with local, federal, or other applicable laws and regulations, or has provided false or misleading information regarding the Professional’s qualifications or licensing.
3.7 Professionals may post content, including offers, quotes, and other service-related information, on the Platform. By doing so, the Professional authorizes Abexlab to publish such content and warrants they have the right to do so.
3.8 The Professional acknowledges that their positioning and visibility on the Platform may depend on various factors such as their location relative to the Client, recent activity, and service category.
3.9 The following content is prohibited on the Platform:
• Material that violates any laws or regulations.
• Material promoting illegal services or harmful activities.
• Content that infringes on third-party intellectual property or privacy rights.
• Material promoting a competing service or platform.
• Unauthorized advertisements or marketing materials.
3.10 All payments and financial transactions between the Professional and the client are conducted directly, outside of the Platform's system. The Platform does not facilitate or assume responsibility for any financial dealings between the parties.
3.11 The Professional can delete their Account at any time by sending an email to info@profyer.com. Upon deletion of the Account by the Professional, the Agreement between the parties is terminated immediately. However, in certain cases where immediate termination would be unreasonable for Abexlab, Abexlab reserves the right to provide a reasonable notice period before processing the deletion and termination.
3.12 Abexlab ensures that all reviews posted by Clients are based on tasks that were (partially) completed by the relevant Professional. We do not permit paid or sponsored reviews, ensuring that all feedback is voluntarily provided without any form of compensation. While Abexlab takes measures to verify the authenticity of reviews, it is not responsible for the content or potential impact of these reviews on the Professional's reputation or business.
4. Termination
4.1. Abexlab reserves the right to terminate the Professional's access to the Platform and the Service without prior notice for valid reasons, including but not limited to:
(a) Actions contradicting these General Terms and Conditions;
(b) Infringement of third-party intellectual property rights;
(c) Reasonable suspicion of Professional's involvement in fraud or other criminal activities, with no proof of innocence;
(d) Operation of a temporary employment agency or similar company while using the Service;
(e) Sending commercial messages for purposes other than engaging with clients regarding tasks is prohibited;
(f) Violation of applicable laws and regulations;
(g) Unfair treatment of Abexlab employees or Clients, including defamatory, vulgar, or racist language.
5. Payments and Subscriptions
5.1 The Platform operates primarily on an annual subscription model, with both free and paid options. Unless otherwise specified, the Professional acknowledges that certain services and features are exclusively available under the paid subscription model.
5.2 Payments for subscriptions are processed through the payment methods specified by Abexlab, and the Professional agrees to provide accurate payment information. All subscription payments are due in advance on an annual basis.
5.3 To cancel the subscription and prevent renewal, the Professional must access their account settings and disable the auto-renewal feature at least 7 days before the renewal date. Upon successful cancellation, the subscription will continue until the end of the current paid term without further charges.
5.4 Abexlab reserves the right to terminate the account or subscription of a Professional found in violation of these Terms, local, federal, or other applicable laws, or regulations.
5.5 Payment disputes or issues must be reported to Abexlab’s support team for resolution within 30 days from the date of the charge.
6. Abexlab Liability
6.1 Abexlab provides the Platform as-is and as-available, striving for reliability and accuracy but without guarantees of uninterrupted availability, completeness, accuracy, or legality of content shared by Users.
6.2 Abexlab holds no liability for damages, losses, or claims related to Platform use, including but not limited to situations where Clients or Professionals fail to meet payment obligations, where services are not provided as agreed, or where service quality, performance, or completion does not meet agreed standards.
6.3 Abexlab solely functions as a marketing platform, facilitating connections between Professionals and Clients and bears no responsibility for the agreements made or services delivered. Abexlab is not involved in transactions, contracts, or the execution of services between Users.
6.4 The Abexlab website may contain links to external, third-party websites, over which Abexlab has no control and assumes no responsibility for their content, accuracy, security, or functionality. Users access third-party links at their own risk.
6.5 Abexlab disclaims all responsibility for damages, disputes, or issues arising from services provided by Professionals, including unmet Client expectations. Abexlab is not a party to any agreements between Professionals and Clients and bears no liability for related outcomes.
6.6 Abexlab is not liable for indirect, incidental, or consequential damages, including loss of profits, business interruptions, or any loss of revenue or anticipated savings, arising from Platform or Service use. Abexlab also disclaims responsibility for harm caused to Clients by third parties using the Platform.
6.7 Professionals acknowledge and agree that no employment or contractor relationship exists between Abexlab and any Professional. All service terms and conditions are strictly between the Professional and Client, both acting as independent parties. Abexlab is not responsible for any claims, disputes, or legal obligations stemming from these independent contractual relationships.
7. Notification of Violation
7.1. Ads, reviews, and other messages must be posted in accordance with the procedures outlined on the Platform, including the information requested on the Platform.
7.2. If the Professional believes that certain information on the Platform is unlawful, they may report it to Abexlab using the contact information provided on the Platform. Abexlab will process the report based on the information provided by the Professional. The notification will include the information necessary for Abexlab to process it, and the Professional will provide Abexlab with any additional information upon request. If, after receiving the report, Abexlab becomes aware or reasonably should know that the information is unlawful, it will be removed by Abexlab.
8. Data Protection and Confidentiality
8.1. Abexlab complies with the General Data Protection Regulation (GDPR). Personal data will be processed in accordance with Abexlab's Privacy Policy.
8.2. Abexlab processes Users' personal data for the provision of Services and related activities in accordance with the Data Protection Act and subsequent data protection legislation.
8.3. Abexlab handles personal data with care and has implemented a range of technical and organizational measures to minimize the risk of data misuse, unauthorized access, and alterations. Abexlab collects only the data necessary to provide the required services. Abexlab uses secure encryption methods, organizational roles, and permissions for data access.
8.4. Professionals agree to use any personal data obtained via the Platform solely for the purpose for which it was provided. Use of such data for any other purpose, including unsolicited communication, is prohibited.
8.5. The Abexlab Privacy Policy, published on the Platform, applies to such processing of personal data.
9. Dispute Resolution
9.1 In case of disputes between Clients and Professionals, Abexlab offers support to facilitate resolution. However, Abexlab is not responsible for resolving disputes and will not act as a mediator in any legal sense.
9.2 In the event of a dispute related to the use of the Platform or services provided, Dutch law will apply, and any legal proceedings will be held in the courts of the Netherlands.
10. Intellectual Property Rights
10.1. All intellectual property rights related to the Platform belong exclusively to Abexlab and/or its licensors, with the exception of materials provided by Users through comments, advertisements, tasks, reviews, offers, or otherwise.
10.2. The Client is not permitted in any way to provide the Platform or any of its content to third parties without written permission from Abexlab, reproduce, distribute, transmit, or otherwise use it in any other document or other processed material. This means, among other things, that the Professional is not allowed, without prior written permission from Abexlab, to request and reuse a substantial part of the content of the database(s) and/or insignificant parts of the database content for repeated and systematic extraction and reuse, as defined in the Database Act.
10.3. The Client guarantees that the information they post on the Platform, including comments, advertisements, tasks, reviews, and offers, does not infringe the (intellectual property) rights of third parties. The Client fully indemnifies Abexlab from all possible claims by third parties in any way arising from and/or related to the information they have posted on the Platform, including any claims based on the allegation that the information in question infringes any (intellectual property) rights of third parties.
11. Miscellaneous
11.1 Force Majeure: Abexlab is not responsible for delays or failure to meet its obligations under these Terms due to circumstances beyond its control (e.g., natural disasters, government restrictions, etc.).
11.2 Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
11.3 Governing Law: These Terms are governed by the laws of the Netherlands.
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By registering on the Abexlab platform, Professionals acknowledge and agree to abide by these Terms and Conditions.
