Agreement on the service provided
The terms below will be used regularly in this Art-Sitting Agreement. They will be used in the following sense unless explicitly stated otherwise.
Art-Sitters: Nieuwendammerdijk 228, 1025LW Amsterdam, firstname.lastname@example.org, tel. 06-33336112, KVK Number: 75445220
Platform: This is the online platform set up by Art-Sitters with a search function at www.artsitters.com.
User: the parent or legal guardian, who for their children are looking for an Artsitter with skills via the online Platform or via private consultancy.
Artsitter: a private individual of 18 years or older with artistic skills, who falls under the ‘Regeling dienstverlening aan huis’ (Regulation services at home) and provides a (sitting) service to the User.
Art-Sitting Agreement: this agreement for the provision of sitting services between the User and Artsitter. This sitting agreement is an agreement with elements of work and labor relation which falls under the applicability of the ‘Regeling dienstverlening aan huis’ (Regulation services at home).
Service: The assignment to provide services (doing a sitting service) from the User to the Artsitter that originates from the booking request sent by the User via the online platform and accepted by the Artsitter.
Regeling dienstverlening aan huis(Regulation Services at Home): Chapter 3 of the advice of the home services committee (Kalsbeek Committee). In this chapter, the Committee describes the ‘Regeling dienstverlening aan huis’ and puts it in an international context. The ‘Regeling dienstverlening aan huis’ can be found at www.artsitters.com and can be saved and printed.
General Terms and Conditions The general terms and conditions as applied by Art-Sitters, inclusive any amended and updated versions of these general terms and conditions as published by Art-Sitters from time to time.:
Art-Sitters acts as an authorized representative for the Artsitter when you, as a User, book this Artsitter through our Site or through/after consultancy. Art-Sitters accepts and confirms a booking from the User on behalf of the Artsitter, obviously only with the approval of the relevant Artsitter.
Conclusion of Art-Sitting Agreement
Based on the profiles and/or suggestions of the available Artsitters, the User agrees to this Artsitter, which the User eventually sends a booking request form via the inquiry form. Art-Sitters sends this booking request to the selected Artsitter(s). If more than one Artsitter receives a booking request, the Artsitter who accepts the request first will be linked to the User. The Artsitter decides independently whether he/she will provide the (babysitting) service. Art-Sitters has no opinion or influence on this. By sending a booking request, the User accepts the terms and conditions of the Art-Sitting Agreement, including the General Terms and Conditions, and makes a valid offer to conclude this Agreement.
The Artsitter, who is the first to accept the booking request, agrees to the terms and conditions of the agreement, including the General Terms and Conditions. At the moment of acceptance of the booking request by the Artsitter, the Artsitter and the User automatically enter into this Art-Sitting Agreement. Art-Sitters is not a party to this contract.
Provisions of the Art-Sitting Agreement between the User and Artsitter
1. The basis of this Art-Sitting Agreement is the sitting service that arose from the booking request sent by the User and accepted by the Artsitter.
2. This Agreement falls under the scope of the ‘Regelingdienstverlening aan huis’. The User has established this.
3. To this Art-Sitting Agreement, the General Terms and Conditions apply
4. The User has a claim against the Artsitter to fulfill his obligations to perform the service, as described in the booking request accepted by Artsitter.
5. The Artsitter has a claim against the User to fulfill the payment for completed12. The duration of the actual completed babysitting service may differ from the booking request requested by the User and accepted by the Artsitter.
6. The Artsitter shall provide the service personally. It is not possible for the Artsitter to subcontract/transfer the sitting service to third parties.service. Changes concerning the sitting period must immediately be shared with Art-Sitters by an Artsitter and/or User and are always made in good consultation and with mutual consent.
7. The Artsitter will make sure to be of a good contractor when performing the service.
8. The Artsitter will carry out the service entirely at her/his own discretion, for her/his own account and responsibility. The Artsitter has informed the User in advance how the sitting service will be performed and the User agrees to this.
9. During the sitting service, the Artsitter shall comply with the ‘Rules of Conduct’ drawn up by Art-Sitters.
10. The User shall provide all relevant information, in particular on illnesses, allergies, diets, etc. of the children to be cared for, and shall provide all means necessary for the Artsitter to perform the service properly.
11. The User gives the Artsitter instructions and guidelines regarding the babysitting service to be provided. It is the responsibility of the Artsitter, in the event of changed circumstances or new developments during a sitting service, to further coordinate the execution of the sitting service with the User.
Remuneration and payment
The User is obliged, after the service has been completed by the Artsitter, to pay the rate stated on the Art-Sitters Platform, combined with multiplied babysitting hours. Unless otherwise agreed, the Artsitter is entitled to at least the hours indicated on the booking request.
After each completed and confirmed sitting service, Art-Sitters sends out a monthly invoice to the User on behalf of the Artsitter. The User will be informed by email that the invoice is ready to be paid. The User is obliged to make the payment to Art-Sitters and it has to be made within 5 calendar days.
We do our best to invest a lot of time and effort to find the best Artsitters for our Users. Should we find out that you pass(ed) on (contact) details of our Artsitters to others or to contact our Artsitters outside of our Site and/or consultancy to book a (babysitting) service or if that has happened in the past, we will impose an immediate payable fine of EUR 500,- per each booking not made through our Site or consultancy.
Cancellation of a booked service
Unfortunately, it can sometimes happen that you have to cancel an already booked (sitting) service. When booking an Artsitter, you sign an Art-Sitters Agreement with the Artsitter. On the basis of this agreement, the User can cancel the booked (sitting) service under the following conditions;
within 24 to 0 hours before the start of the (sitting) service, Art-Sitters will charge an amount of 17 EUR, without babysitting fee. This amount includes assistance with administrative procedures/cancellation costs and preparation efforts of the Artsitter. On the basis of the agreement agreed upon between the User and Artsitter, an Artsitter may cancel a booking for a (sitting) service free of charge without any compensation to the User and/or Art-Sitters.
Art-Sitters reserves the right, in the event of excessive cancellations by a User and/or Artsitter, to deny him/her access to the services.
Termination of the Art-Sitting agreement
The Art-Sitting Agreement ends immediately by cancellation via the online platform and in consultation with Art-Sitters. The Agreement can be terminated by the User during the service without giving any reason. During the sitting service, the Artsitter can only terminate the Artsitter’s Agreement in consultation with and with the consent of the User. This is to ensure the safety of the children.
The Art-Sitting Agreement ends when the service is completed.
The Artsitter shall observe the care of a good contractor when performing the sitting service. The Artsitter shall make every effort to perform the sitting service to the best of her/his ability. Users and Artsitters are responsible for taking out accident and liability insurance.
If the User suffers damage due to a shortcoming in the execution of this Art- Sitting contract, the Artsitter is only liable for the damage suffered by the User and/or his/her child(ren) in case of intent or gross negligence of the Artsitter.
If the Artsitter is liable to the User, his/her child(ren) and/or third parties for damage arising from or in connection with the performance of their Art- Sitting contract, this liability is limited to the amount paid out by the insurer under the liability insurance taken out by the Artsitter. If the insurer does not pay out or if there is no liability insurance, the liability is limited to a maximum of three times the value of the relevant sitting service booked. Art-Sitters has a mediating role in bringing together Users and Artsitters. Art- Sitters expressly disclaims all claims for liability of any kind, including claims, services, direct or indirect damages, knowingly or unconsciously, with or without indication, disclosed or not, in any way whatsoever in relation to the performance or in connection with the performance of Art- Sitting Agreement.
Dutch law shall apply to the Art-Sitting Agreement.
All disputes between the User and the Artsitter, Art-Sitters, and the User and/or Art-Sitters and the Artsitter will be submitted to and settled by the competent court in Amsterdam unless mandatory law provides that the dispute must be submitted to another court. Should one or more of the provisions of this Agreement appear to be or have become partially null and void, the User and the Artsitter remain bound to the remaining part. Art-Sitters has the right to amend the provisions of the Art-Sitting Agreement from time to time.