TERMS & CONDITIONS
General terms and conditions for the Users of the Topsitters platform
Dear User of our Topsitters platform,
Thank you for taking the time, reading through our terms and conditions!
At Topsitters we believe that children become happier when they are exploring their talents and developing their creative skills. Children who discover their passion and start working with them, will gain more perseverance and self-confidence. At Topsitters, children play an absolute leading role.
Besides all these wonderful goals and believes, we also need to discuss some business things with you. Not always as fun, but it’s part of it. Below you will find our general terms and conditions for you as a user of our platform.
If there are any questions, please call or mail us! We will do our utmost to help you.
Denise & Marianne
Table of Content
- Who are we and what is our goal
- Registration. Formation of the User Agreement
- Access to the Platform. Conditions for access to the Platform
- Procedure. Finding and booking a Sitter. Formation of the Sitter Agreement.
- The Sitter Agreement
- Quality assessment of the (babysitting) service
- Liability of Topsitters
- Cancellation of a booked (babysitting) service
- Membership subscription. Cancelling Subscription
- Billing of subscription. Billing after a (babysitting) service
- Suspension and dissolution
- Applicable law. Jurisdiction of the courts. Nullity
Article 1 Definitions
Before we start, you will find below terms that will appear regularly in these Terms and Conditions. We will use them in the following sense, unless expressly stated otherwise.
Topsitters: Topsitters B.V., located at Tureluur 1, 1191 VG in Ouderkerk aan de Amstel with Chamber of Commerce number 73031704, tel. 06-40501862. Which in this document also includes ‘us’, ‘our’ or ‘ours’.
Platform: This is the structure set up by Topsitters with a search function at the web address www.topsitters.nl
User: you, the parent or legal guardian of the children to be cared for, who is looking for a Sitter with skills through our online Platform. Which in this document also includes ‘you’ or ‘your’.
Sitter: a private individual aged 18 years or older with a set of skills, who falls under the Regeling dienstverlening aan huis (Home Services Regulations) and provides a (babysitting) service to the user.
Skills: Extra talent(s) of the Sitter! Besides offering professional and reliable childcare, the Sitter shares these extra talent(s) with the children and helps them to develop their own talents, discover their passions, grow self-confidence and perseverance.
Regeling dienstverlening aan huis (Home Services Regulations): Chapter 3 of the advice of the home services committee (Kalsbeek Committee). In this chapter, the Committee describes the Regeling dienstverlening aan huis (Home Services Regulations) and places it in an international context. The ‘Regeling dienstverlening aan huis’ (Home Services Regulations) can be found at www.topsitters.nl and can be saved and printed.
User Agreement: these General Terms and Conditions apply as an agreement between the User and Topsitters.
Babysitting agreement: the commission agreement for services between the User and Sitter. This can be found at www.topsitters.nl and can be saved and printed.
Article 2 Who are we and what is our goal
Who we are
Topsitters B.V. is located at Tureluur 1, 1191 VG in Ouderkerk aan de Amstel with Chamber of Commerce number 73031704, tel. 06-40501862. We manage the website / the online platform www.topsitters.nl. Our online platform links families within a few clicks to the right available Sitter with skills.
We work with Sitters that fall under the ‘Regeling dienstverlening aan huis’ (Home Services Regulations). Information about this scheme can be found on our website. We ask you to read the information carefully! As a User of our platform, you must be able to determine yourself whether the ’Regeling dienstverlening aan huis’ applies to the available Sitter before you confirm the booking. If the regulation doesn’t apply to the booked Sitter, you will be responsible for this and the consequences are for your own account as a User.
Our main business activity and goal is to connect you, the User to a Sitter with talent with the help of our online platform and search function, through supply and demand. We want the Sitter to offer, besides being a professional and reliable babysitter, your child something extra, to discover a his/her own talents. Because of this, the child will discover his/her passions and promote his/her development. Topsitters is a mediator in bringing Users and Sitters into contact with each other, and is impartial in relation to the concluded babysitting agreement (see article 5) between the User and Sitter.
Topsitters acts as an authorized representative for the Sitter when you, as a User, book this Sitter through our platform. Topsitters accepts and confirms a booking from the User on behalf of the Sitter, obviously only with the approval of the relevant Sitter.
In addition, Topsitters makes it possible for the User of the platform, to make payments to the Sitter through the (third-party) account holder Mollie B.V. or Stichting Mollie Payments, based in Amsterdam. The payments you make as a User through the platform are payments to the Sitter, not to us (Topsitters)? 12 % Booking/ administration fee???
Article 3 Registration. Conclusion of the User Agreement
In order to use the Platform, you will have to register. You can create a User Profile and choose a membership. You can do this by filling in the online registration form, which will automatically be sent to Topsitters. This is only possible after accepting the Terms and Conditions and the Privacy Statement.
We will then send you a confirmation of your registration and a confirmation that you have accepted our Terms and Conditions and our Privacy Statement.
Article 4 Access to the Platform. Conditions for access to the platform
Access to the platform.
The platform is accessible 24 hours a day, seven days a week. Topsitters reserves the right, without prior notice or compensation, to temporarily suspend the Platform or access to other online services in order to perform work. This includes updates, maintenance work and changes to the servers etc.
Topsitters has the right to change, remove or add new functions to the Platform without assigning any reason.
We do not guarantee that the Platform will function without interruption.
Conditions for access to the Platform
As we already mentioned in article 3, a prerequisite for access to our Platform is to register as a User and thereby create a User Profile.
The information you keep in the User Profile must be complete, correct, up-to-date, truthful and proven on the first request of Topsitters. You are responsible for this yourself! You have the possibility to update the User Profile at any time.
You declare that you have the right to post the information in the User Profile; including and without limitation, that you have the parental authority or permission to post this information in the User Profile.
Each user may only create one User Profile. As a User, you undertake to make personal use of the Platform, the User Profile is not transferable to third parties. Topsitters may assume that the User is actually the one who logs in with these login details.
We will only help you personally, as a user in providing the need to find and book a Sitter with skills. Therefore, you may not use our Platform for commercial purposes without our permission.
We also do not appreciate it and do not allow you to pass on (contact) details of our Sitters to others or to contact our Sitters outside of our platform to book a (babysitting) service. We do our utmost best and invest a lot of effort to find the best Sitters for our Users! Should we find out that this is happening or has happened in the past, we will impose an immediate payable fine of EUR 500,- on you.
Article 5 Procedure. Finding and booking a Sitter. Formation of a Sitters Agreement
Method of operation
Here we have arrived at what it is all about for us; matching you as a User of our Platform to that caring, professional, talented Sitter that suits your children! This is a matter of demand (User) and supply (Sitter). We only offer an independent Platform to connect Users and Sitters. We also offer the possibility to pay the Sitter for the (babysitting) service provided through Mollie.
By paying a fee and subscribing to a membership, you are able to use our search function and come to a Sitters Agreement with a Sitter. We will talk about this agreement later in article 5.
On the platform you will enter the desired date, time and your preference for a special skill. The platform will then look for available Sitters who meet your requirements. Based on the profile of the available Sitters, users can form their own opinion about the competencies and qualities of this Sitter.
Topsitters does not give any guarantee regarding the number of available Sitters on the Platform. We are not obliged to give any result of our search function or of the selected Sitter.
Finding and booking a Sitter
Based on the profiles of the available Sitters, you will make your own choice of (a maximum of three) Sitters that you would like to eventually make a booking request with. Also pay attention to the ‘Regeling dienstverlening aan huis’ (Home Services Regulations)! Topsitters platform will forward this booking request to the selected Sitter(s). If more than one Sitter receives a booking request, the Sitter who accepts the request first will be connected to you.
The Sitter decides independently whether he/she can confirm and carry out the (babysitting) service. Topsitters has no opinion or influence on this.
If a Sitter rejects the booking request, you can of course immediately search for a suitable replacement Sitter and book through our Platform.
Formation of Sitters Agreement
By making a booking request, the User accepts the terms and conditions of the Sitters Agreement. By accepting the booking request, the Sitter agrees to the terms of the Sitters Agreement.
This means, when the Sitter accepts the booking request, a Sitters Agreement (see Contract Services Agreement, which can be found on www.topsitters.nl) between the User and the Sitter is automatically established.
We like it when both our Users and Sitters know in advance what has been agreed between them. Besides being it very nice to have all agreements with the Sitter on paper, it can also be very useful and clear for both parties. Topsitters will not be involved in the contract between the Sitter and the User. The relationship between Topsitters and the Sitter does not qualify as an employment contract under any circumstances.
Article 6 The Sitter contract
If all went well, you have now booked a Sitter and the Sitter Agreement has been established between you. For the conditions of the Sitter agreement, we refer to the Contract Services Agreement. This can be found at www.Topsitters.nl and can be saved and printed.
Topsitters will only take over the payment processing between you. As a User, you explicitly order Topsitters to handle this payment. The hourly rate mentioned on the Platform corresponds to the price for one hour of ‘work’ of the Sitter. This price includes the 12% (transaction) costs of Topsitters for assistance with administrative procedures. The amount of the total transaction fee charged by Topsitters depends on the duration of the babysitting service.
When booking a Sitter for the first time, we would like to advise you to contact him/her in order to get to know each other, for example 15 minutes before the booking session. This introduction of a maximum of 15 minutes is of course free of charge.
You undertake to pay the Sitter for the booked (sitting) service.
As a User you are obliged to provide all information and resources necessary for the Sitter to perform the (babysitting) service properly. You give the Sitter instructions and guidelines about the (babysitting) service to be provided. Make sure that the agreements you make with the Sitter are not in conflict with laws and regulations, including ‘Regeling dienstverlening aan huis’ (Home Services Regulations). If we discover that such agreements have been made, this will be considered as an extraordinary legal situation on the basis of which this User Agreement will be terminated immediately and without any notice.
The Sitter will perform and execute the (sitting) service entirely according to his own idea, insight and for his own account and responsibility. We screen our Sitters but have no control or interference over how they perform the (sitter) service. Nor can we guarantee the quality of the babysitting service provided by the Sitter. We do not check whether the Sitters Agreement is complied with. As a User, you must determine yourself whether everything has been carried out in accordance with the agreements you have made. You can always contact us via firstname.lastname@example.org about this! We will do our utmost best to answer any of your questions and will deal with complaints. Topsitters determines whether the question and/or complaint is well-grounded.
Article 7 Quality assessment of the (sitting) service
As a User you can leave comments on the Platform about the quality of the sitting service. The purpose of this is to offer other Users a guarantee of the Sitter’s talents. The assessment should in no case relate to Sitter as a person, but it should relate to him/her as a Sitter and to the sitting service provided.
In your assessment, think of criteria such as; Punctuality, social awareness, communication skills, dealing with children, enthusiasm, being able to convey talent(s), etc.
We ask you not to post insults, defamation or other irrelevant content that is contrary to good morals, good taste, the law in general and in particular the criminal law.
By submitting your review, you give Topsitters, free of charge and without limitation in time and scope, the right to use this review and comments. We may freely dispose of these reviews and comments, to publish them online through the platform and provide them to third parties for our own marketing purposes.
Topsitters reserves the right not to publish or remove reviews and/or comments in case of misuse or if the review/remark seems inappropriate.
Article 8 Liability of Topsitters
In this article we may repeat a few things. We like it when things are clear and transparent. Not only for us but also for our users. If you have any questions about this article or maybe something is not quite clear, please call or mail us!
Topsitters is not responsible for the incorrect, invalid or incomplete information/data provided by the User and/or the Sitter. We are not liable for any damages resulting from this, including not for any misuse of information.
Topsitters is not liable for any damages whatsoever resulting from the unauthorized acquisition of personal data by third parties, such as hacking our database. If you have granted third parties access to your account and you abuse this, Topsitters cannot be held liable for this.
If you provide (personal) data to a Sitter, you do so entirely at your own risk, Topsitters is will not be responsible nor liable for any damage resulting from this.
Topsitters is not liable and/ or responsible for the consequences of whether or not the ‘Regeling dienstverlening aan huis’ (Home Services Regulations) applies.
What happens during the sitting session is the responsibility of the User and the Sitter. We advise the Users and Sitter to take out liability and accident insurance!
Topsitters does not enter into any agreement(s) on behalf of and/or for the benefit of the Sitter or the User of the (sitting) service. Users and Sitters enter into a direct agreement (Sitter Agreement) with each other via the Platform. Because we are not a party to this sitter agreement, we are not responsible and/or liable for the manner of execution and/or completion of this agreement and/or the (sitting) service.
Topsitters expressly rejects all possible claims for liability of any kind, including claims, services, direct or indirect damages, whether intentionally or unconsciously, with or without indications, disclosed or not, in any way whatsoever in relation to the abovementioned matter.
If there are complaints about the way in which a (sitter) service is performed and you cannot find a solution together? Then we would ask you to report this to us, so we can then mediate in disputes between the User and Sitter.
Topsitters is never liable for indirect damage, including consequential damage, delay damage, reputation damage, lost turnover / profit, lost savings, pure financial damage, loss of data and immaterial damage related to or resulting from the use of the Platform.
If Topsitters is nevertheless liable for damage for whatever reason, this liability is limited to the amount paid out by the insurer under the liability insurance taken out by Topsitters. If the insurer does not pay an indemnity, the liability is limited to a maximum amount not exceeding one year of usage fee.
All claims against Topsitters that have not been submitted to Topsitters within 12 months of their origination shall be time-barred.
Article 9 Indemnification
The User indemnifies Topsitters against any claims of third parties, who suffer damage in connection with the use of the Platform by the User, the execution of the User Agreement and/or the Sitter Agreement.
If Topsitters is being sued by a third party/ies, the User is obliged to assist Topsitters both inside and outside the court and to immediately do all that may be expected of the User. If you, as a User, fail to take adequate measures, then Topsitters, without notice of default, are entitled to do so themselves. All costs and damage incurred by Topsitters and third parties as a result, are entirely at the expense and risk of the User.
Once again, both the User and Sitter are responsible for taking out accident and liability insurance.
Article 10 Revocation
Because the subscription/user agreement is concluded with us online, it is covered by the term ‘distance selling’. As a User you can, according to law and without giving any reason, revoke the User Agreement within fourteen days after entering into the subscription with Topsitters. This is your ‘cooling-off period’. You can revoke within fourteen days by clearly informing Topsitters in writing by email.
Unfortunately, it is no longer possible to revoke a booking request within these fourteen days and it has been accepted by the selected Sitter. However, this does not affect the right to cancel the subscription at any time as discussed in article 12.
If the last, fourteenth day, falls on a weekend or a national holiday, then the reflection period ends on the next working day.
Topsitters will refund the full amount already paid within fourteen days to your account.
Article 11 Cancellation of a booked (sitting) service
Unfortunately, it can sometimes happen that you have to cancel an already booked (sitting) service. When booking a Sitter, you sign a sitter agreement with each other. On the basis of this sitting agreement, the User can cancel the booked (sitting) service;
- up to 24 hours before the start of the babysitting service, free of charge.
- within 24 to 6 hours before the start of the (sitting) service, Topsitters, on behalf of the Sitter, will charge an amount of one and a half (1.5) hours equal to the hourly rate for the first one and a half hours of this booked Sitter. This amount includes the assistance with administrative procedures/cancellation costs.
- within 6 hours to 0 hours before the start of the (sitting) service, Topsitters will charge, on behalf of the Sitter, a sum of three (3) hours equal to the hourly rate for the first three hours of this booked Sitter. This amount includes the assistance with administrative procedures/cancellation costs.
On the basis of the babysitting agreement agreed upon between the User and Sitter, a Sitter may cancel a booking for a (sitting) service free of charge without any compensation to the User and/or Topsitters.
Topsitters reserves the right, in the event of excessive cancellations by a User and/or Sitter, to deny him/her access to the Platform.
Article 12 Subscription. Termination of subscription
As already mentioned it in Articles 3 and 4. In order to gain access to the Platform, a subscription is required.
As a User, you are aware of the fact that you subscribe for the duration chosen at registration and agreed with us. The subscription starts immediately when you click on ‘send’ when you register.
The prices of the subscription fees can be found at www.Topsitters.nl under ‘Membership’.
Subscriptions entered into for a fixed term, for example an annual subscription, cannot be terminated prematurely.
Subscriptions entered into for an indefinite period of time or subscriptions that are tacitly renewed after the expiry of the original term can be terminated with a notice period of one (1) calendar month.
Cancelling the subscription can be done in the User’s personal account under ‘cancel Membership’. Cancel in time to prevent that subscription fees for the following month are charged!
Termination does not cancel any payment obligations to the Sitter(s) for already delivered (sitting) services.
Termination with due consideration of the notice period has no consequences for bookings that take place in the last calendar month of the subscription. Bookings made by the User for the period after the termination of the subscription must be cancelled before the subscription expires.
Article 13 Invoicing subscription. Invoicing after a (sitting) service
Invoicing of the membership fees
If you as a User choose to register and take out a subscription, Topsitters will receive an authorisation via an e-mandate to debit the monthly subscription fees via SEPA direct debit on a monthly basis.
If a direct debit fails, Topsitters will still try to collect the amount. Topsitters can also request a separate transfer. In case of late payment, the User will be in default without further notice of default. From the date that you are in default as a User, all terms of the remaining duration of the subscription become payable and must be paid within 45 days of this pay date. If the amount is outstanding for more than 45 days, Topsitters has the right to dissolve the User Agreement. Outstanding amounts are then still payable without prejudice.
If you as a User are in default in the (timely) fulfilment of your payment obligation, then all reasonable costs that Topsitters must incur extrajudicially to collect the money claim will be at the expense of the User.
Invoicing after a (sitting) service
Topsitters facilitates the payment transactions of the User to the Sitter via the (third party) account holder Mollie.
After a completed (sitting) service, the User and Sitter together agree on the actual length of the babysitting period, which the Sitter confirms in his/her account. After each completed and confirmed (sitter) service, Topsitters sends the invoice to the User on behalf of the Sitter. The User will be informed by email, and possibly reminded later, that the invoice in the User Profile account is ready to be paid to the Sitter. As a User, you explicitly instruct Topsitters to make the payment to the Sitter via the (third party) account holder Mollie. The (continued) payment will be made by the User within 5 calendar days.
Objections of the User to the invoiced amount must be reported to Topsitters in writing within 30 days after the date of the invoice.
Article 14 Suspension and dissolution
Topsitters may refuse the registration of a User, block or delete (part of) the User Profile, temporarily or permanently deny the User access to the Platform or immediately and with immediate effect terminate the User Agreement if:
- The User does not, not fully or not timely fulfil his obligations;
- There are circumstances on the basis of which Topsitters fears that the User will not fulfil his/her obligations;
- Topsitters receives a complaint(s) about the User from Sitter(s) that are considered to be justified;
- The User acts contrary to any legal regulation or acts contrary to good morals or public order.
Article 15 Changes
Topsitters is entitled to amend the Sitter Agreement in accordance with legal requirements. Topsitters will notify the User and Sitter in writing of the upcoming changes to the Sitter Agreement. The changes will come into force thirty (30) days after their announcement. The User and Sitter automatically accept the changes if they do not contradict them within thirty days of the announcement. Changes do not have a retroactive effect, they are always valid for the future.
Topsitters expressly reserves the right to change the prices mentioned on the website www.topsitters.nl. Membership costs, prices of our service and/or parts thereof can be changed at any time. Price changes will take effect thirty (30) days after the written notification to the User.
Article 16 Applicable law. Jurisdiction of the courts. Nullity
With regard to the User Agreement, Dutch law is applicable.
All disputes between Topsitters and the User and/or between Topsitters and Sitter will be submitted to and settled by the competent court in the district of Amsterdam unless mandatory law stipulates that the dispute must be submitted to another court.