Terms and Conditions
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 Client 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 Client.
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 marketing platform for the demand and supply of services.
2.3 The Agreement is concluded at the moment of registration as a Client 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 Client. If the Client 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 Client.
2.6 Abexlab explicitly rejects any general terms and conditions from the Client.
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 Client 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.
3. Use of the Platform
3.1. To use the services of Abexlab, the Client must create an Account in accordance with the procedure described on the Platform, providing the requested information. The Client may not allow third parties to use their Account. The Client is responsible for any use of their Account and releases Abexlab from any third-party claims related to damages or other causes arising in any way from the use of the Service through their Account.
3.2. The Client guarantees that all information provided, including but not limited to name, phone number, address, email, is complete, accurate, and up-to-date, and that the Service will be used solely for personal purposes.
3.3. The Client agrees to use the Platform only to post tasks and engage Professionals for the work. They will not post content or messages for purposes beyond what the Service is designed for and will refrain from sending unsolicited or irrelevant messages to Users.
3.4. By submitting content such as Ads, reviews, or other materials, the Client consents to their publication on the Platform and guarantees the right to authorize such publication. The Client understands that the placement of such content is subject to multiple factors and does not guarantee any specific placement.
3.5. The Client is responsible for ensuring the accuracy, reliability, and legality of the content they publish on the Platform. They must not use this information to harm other Users or damage the interests or reputation of Abexlab.
3.6. The following content is strictly prohibited on the Platform:
(a) Any material that violates applicable laws or these Terms;
(b) Content promoting illegal services or services harmful to people or property;
(c) Material infringing intellectual property rights, privacy, or other rights of Abexlab or third parties;
(d) Content deemed offensive, immoral, or inciting violence or hatred by Abexlab;
(e) Any mention or reference to competing services, websites, or platforms;
(f) Ads aimed at indirectly promoting a company;
(g) Content provided by employment agencies;
(h) Content violating section 5.2 of these Terms.
3.7. Abexlab reserves the right to modify or remove any information submitted by the Client. Abexlab also has the right—though not the obligation unless required by law—to reject or remove Ads, reviews, or any other content that is false, unreliable, illegal, or in violation of third-party rights, without any obligation to compensate the Client.
3.8. Agreements between Clients and Professionals are valid only when the Client explicitly confirms them to the Professional. Abexlab is not a party to these agreements and does not supervise the quality, safety, legality of tasks, or accuracy of offers. The Client releases Abexlab from any third-party claims related to these matters.
3.9. Personal data obtained via the Platform may only be used for its intended purpose. The Client is prohibited from using this data for other purposes, including unsolicited messaging (spam), and from collecting personal data (such as email addresses) from Users for any other reason.
3.10. The Client may post reviews regarding Professionals they have interacted with. These reviews must be truthful, respectful, and relevant to the Professional's services.
3.11. The Client acknowledges that Abexlab does not influence or guarantee the quality of the Professional’s work based on reviews. Abexlab reserves the right to edit or remove reviews that are false or misleading.
3.12. Abexlab prohibits posting Ads or content related to recruitment, advertising, research, or other programs aimed at promoting businesses, unless directly related to the services on the Platform.
3.13. Abexlab ensures that reviews are posted by Clients whose tasks were (partially) completed by the relevant Professional. Abexlab does not allow paid or sponsored reviews, ensuring all reviews are posted voluntarily without compensation.
3.14. The Client can delete their Account at any time by sending an email to info@profyer.com. Upon deletion of the Account by the Client, 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.
4. Termination
4.1. Abexlab reserves the right to terminate the Client'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 Client'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 receiving responses from Professionals for tasks;
(f) Violation of applicable laws and regulations;
(g) Unfair treatment of Abexlab employees or Professionals, including defamatory, vulgar, or racist language.
5. Payments and Subscriptions
5.1 The Platform is free for Clients to access and use. Clients can connect with Professionals without any subscription or service fees.
5.2 All payments for services rendered are to be negotiated and processed directly between Clients and Professionals. Abexlab does not facilitate or process any payments through the Platform.
5.3 Any payment disputes or issues must be resolved directly between the Client and the Professional, as Abexlab is not a party to these transactions.
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 Clients acknowledge 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 Client 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 Client. The notification will include the information necessary for Abexlab to process it, and the Client 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.
________________________________________
By registering on the Abexlab platform, Clients acknowledge and agree to abide by these Terms and Conditions.
