ExtraExpertise terms and conditions

(English version) - Translated version available on request via support@extraexpertise.be

Last updated on 17 June 2024

1. Introduction

1.1 Welcome to the ExtraExpertise website, https://extraexpertise.be/ (the "Website"). These Terms and Conditions ("Terms and conditions") are concluded between CREATIVE GEEKS BV, a company incorporated under Belgian law, having its seat at Stationsstraat 180, 2860 Sint-Katelijne-Waver, België and registered with the Crossroads Bank for Enterprises with company number 0751.972.308, including its Affiliates ("ExtraExpertise", "we", "us") and the User ("User", "you" or "your") (together, the "Parties"). ExtraExpertise provides a Freelance Management System for freelancers and flexworkers ("Platform"). The User is the person who consults the Website and/or the Platform, downloads, files, uses them, registers via any form available on the Website and/or the Platform, creates a login, becomes a member, subscribes or enters into a contract with ExtraExpertise. These Terms and Conditions outline our relationship with you, as supplemented by our Privacy Policy and Cookie Policy. By using the Website or Platform, you agree to be bound by the following terms and conditions and all applicable laws and regulations. Your use of the Website and the Platform means that you are aware of, and agree to, the most recent version of the Terms and Conditions.

1.2 ExtraExpertise reserves the right, in its sole discretion, to make material or non-material changes and updates to the functionality of the Platform from time to time, provided that ExtraExpertise will notify the User of material changes and updates by email or by notice in the Platform. Such changes will become effective fifteen (15) calendar days after this notification, provided that the User has not objected to such material change. If you use the Website or Platform after these updates are posted, you will be deemed to accept these changes and agree to be bound by them. These Terms and Conditions will continue to apply until terminated, either by you or by us, as described in these Terms and Conditions.

1.3 ExtraExpertise reserves the right, in its sole discretion, to make material or non-material changes to these Terms and Conditions from time to time, provided that ExtraExpertise will notify the User of material changes by email or by notice in the Platform. Such changes will become effective fifteen (15) calendar days after this notification, provided that the User has not objected to such material change. If you use the Website or Platform after these updates are posted, you will be deemed to accept these changes and agree to be bound by them. These Terms and Conditions will continue to apply until terminated, either by you or by us, as described in these Terms and Conditions.

2. Definitions

“Account” means the account created by the User on the Platform during his registration on the Platform;

“Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity. This includes parent companies, subsidiaries, sister companies, and any other entities that are part of the same corporate group. Control is usually defined as the ownership of more than 50% of the voting stock or similar equity interest of the controlled entity, or the ability to otherwise direct the management and policies of the entity, whether through ownership of voting securities, by contract, or otherwise.

“Assignment” means the specific task entrusted to a Freelancer by a Principal through the Platform;

“Customer Data” means data, information or material provided or submitted by the User to ExtraExpertise whether through the Platform or otherwise;

“Documentation” means any and all materials, manuals, instructions, user guides, technical specifications, and other related documents provided by ExtraExpertise to the User, either in digital or printed format, that describe the functionalities, features, installation processes, operating procedures, and technical requirements for the Platform. Documentation is intended to assist the User in understanding and utilizing the Platform effectively within their business operations.

“Freelancer” means either a natural or legal person who has registered a business activity and is registered in the relevant commercial register, or is self-employed under the legal conditions from a country where ExtraExpertise is established, and offers its services to Principals through the Platform;

“GDPR” means the EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation);

“Invoicing Date” means the date the invoice is delivered to the Account or email address of the Principal or Freelancer, if applicable;

“Invoicing Mandate” means the invoice mandate entered into between the Freelancer and ExtraExpertise, the terms of which are described in articles 4.6., 4.7. and 4.8. of the Terms and Conditions, and pursuant to which the Freelancer agrees that ExtraExpertise, subject to the applicable rules, will prepare and issue its invoices for Assignments performed for a Principal through the Platform;

“Platform Fee” means the fee paid by the User as a consideration for the use of the Platform as set forth in the following list Platform Fee subscriptions: https://extraexpertise.be/prijzen;

“Principal” means any natural or legal person who uses the Platform for strictly professional purposes, to contact or be put in contact with one or more Freelancer(s) in order to assign him an Assignment;

“Quotation” means the service offer made by the Freelancer to the Principal on the Platform;

“User” means any user of the Platform or the Website, including but not limited to the Freelancer and the Principal.

3. User License

3.1 Subject to compliance with these Terms and Conditions, and the timely payment of the Platform Fee, if applicable, ExtraExpertise grants you a non-exclusive, limited, non-sublicensable and non-transferable right to use our Platform and applicable Documentation, subject to the limitations set forth in these Terms and Conditions and any other limitations communicated by us in writing. Nothing in these Terms and Conditions prohibits ExtraExpertise from providing our Platform and Documentation to others, including your competitors.

3.2 Except for the limited rights expressly granted below, we reserve all right, title and interest in and to the Website, Documentation and our Platform, including all associated intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Website/Platform, use of the Website/Platform or access to the Website/Platform without our express written consent. You may not duplicate, copy, reverse-engineer, disassemble or reuse any part of the visual design elements or the provided templates without our express written consent.

3.3 User may upload, create and provide content to ExtraExpertise on its own ("User Content"). To the extent you upload, create or otherwise provide User Content to us, you grant ExtraExpertise a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such User Content as may be necessary or useful to provide and maintain the Website and/or Platform. ExtraExpertise reserves the right, but is not obligated, to review and remove User Content that is deemed to violate the provisions of these Terms and Conditions or otherwise inappropriate, third-party rights, or applicable laws or regulations.

3.4 The User grants ExtraExpertise, if applicable, a non-exclusive, royalty-free, transferable, assignable, sublicensable license to use, copy, store, transmit and display the Customer Data to the extent necessary to perform its obligations under these Terms and Conditions, in particular to provide and maintain the Platform, and for no other purposes. ExtraExpertise may copy, execute and backup such Customer Data, as necessary, to perform its duties under these Terms and Conditions. If the Customer Data contains personal data, ExtraExpertise will comply with the GDPR principles.

3.5 ExtraExpertise will use its best efforts to resolve any issues, provided that the User complies with the Terms and Conditions.

4. Account

4.1 In order to obtain full access to the Website and our Platform, you must complete a registration. You will be asked to (a) provide certain registration details or other information; (b) set up an Account specific to you by choosing the Platform and pricing module provided by us under the Terms and Conditions. By signing up for your Account, you agree to pay the Platform Fee for the module you have chosen. Depending on the personal agreement between you and ExtraExpertise, prices may vary. You warrant that you will provide accurate and complete billing information. By providing this payment information, you automatically authorize ExtraExpertise to charge all Platform Fees incurred through your Account to such payment instruments. If automatic billing does not occur for any reason, ExtraExpertise will issue an electronic invoice indicating that you must manually, within a specified time period, make full payment corresponding to the billing period indicated on the invoice.

4.2 Your Account must be registered under your current full legal name, your email address, and your current business address. It is your responsibility to keep your email address current. If you need to update your email address, please contact support@extraexpertise.be. In order to access the full functions of the Website/Platform, you must have a valid Account and comply with these Terms and Conditions. When you create an Account with us, you must provide us with information that is accurate, complete and current at all times. Failure to do so will constitute a breach of the Terms and Conditions, which may result in immediate termination of your Account on our Platform.

4.3 In order to create your Account, and participate in the Platform, you must be eligible and agree to the terms and conditions set forth below. Failure to qualify and continuously comply with any of the following terms and conditions constitutes a violation of these Terms and Conditions and may result in the termination of your Account and permission to use the Platform. In particular, you agree that:

4.3.1 You must be at least 18 years old and legally competent to contract and use the Platform in accordance with these Terms and Conditions;
4.3.2 All information you provide to us in your registration form for the purpose of establishing your Account will be true and correct and you will promptly notify us of any changes to such information;
4.3.3 Your Account is solely for your use and may not be used by any third party. You may not allow any third party to use your Account, password, login or user ID to access or use the Website, the Platform, or for any other purpose. We take no responsibility for any third party access to your Account. You must immediately notify us of any unauthorized use of your password and identification and/or breach. You accept responsibility for all activities that occur under your Account, username or password and all such use is deemed authorized by you. You are responsible for the security of the password you use to access the Platform and for all activities or actions under your password, whether your password is with our Platform or with a third party service;
4.3.4 You have verified and determined that your use of the Website and Platform does not violate any law or regulation in any jurisdiction applicable to you. It is your sole responsibility to ensure that this is the case;
4.3.5 You will not use the Website or the Platform for fraudulent or otherwise illegal purposes;
4.3.6 You will not collect data and/or other information from ExtraExpertise’s web pages by automated or other means, using specialized software, robots, or other devices that can web-scrape user data available on the Platform or copy and paste information related to ExtraExpertise’s services. Any person engaging in such web-scraping practices may be subject to penalties by ExtraExpertise;
4.3.7 You understand that we may detect your Internet access location, without obligation, and may use techniques intended to block or restrict access from a jurisdiction where participation in the Website or Platform is illegal or restricted;
4.3.8 You will not mask your identity in any way, including, but not limited to, IP masking or accessing the Website through any type of proxy server;

4.4 You will ensure that all use of your Account is in full compliance with these Terms and Conditions.

4.5 You agree to use the Website and/or the Platform only for its intended purpose, and You will not:

4.5.1 Sublicense, lease, rent, lend, distribute or otherwise transfer the Website and Platform to any third party;
4.5.2 Decompile, reverse engineer, disassemble or otherwise derive the source code of the Website and/or the Platform;
4.5.3 Use or copy the Website or the Platform;
4.5.4 Use the Website and/or the Platform to generate unsolicited email advertisements or spam;
4.5.5 Modify, remove or render illegible any copyright notice, digital watermark, proprietary legend or other notice contained on the Website and/or Platform;
4.5.6 Intentionally distribute worms, Trojan horses, corrupt files or other items of a destructive or misleading nature or use the Website and/or Platform for illegal, invasive, infringing, defamatory or fraudulent purposes;
4.5.7 Remove or in any way circumvent technical or other protection measures on the Website and/or on the Platform;
4.5.8 ExtraExpertise and the Freelancer may explicitly agree in writing on an Invoicing Mandate. In such case, the Freelancer represents and agrees that the creation of an Account on the Platform constitutes the unconditional acceptance to enter into an Invoicing Mandate with ExtraExpertise. Pursuant to the Invoicing Mandate, the Freelancer, entrusts exclusively to ExtraExpertise: (i) the preparation and issuance of its invoices for the Assignments performed through the Platform, and (ii) the collection, at its expense, of payment of such invoices. The Freelancer agrees to upload on the Platform, or send to ExtraExpertise the documents relating to it required to comply with its obligations to prevent undeclared work, and with the transparency rules (KYC) to prevent tax fraud, money laundering and terrorist financing. The Freelancer provides ExtraExpertise with all necessary information for the preparation of invoices, which ExtraExpertise can only issue after validation of the Assignment by the Principal. In the event of a justified request for rectification of the invoice, ExtraExpertise undertakes to issue a corrected invoice immediately. Invoices issued by the Principal shall expressly refer to the Invoicing Mandate insofar as the invoices contain the following statement: "Invoice prepared by [name of Company] in the name and on behalf of [name/name of Freelancer]", or similar statement.
4.5.9 The Freelancer acknowledges that the updating of all information relating to its legal, accounting and tax situation is essential for the execution of the Invoicing Mandate and therefore undertakes to immediately notify ExtraExpertise of any change that may affect its execution (change of registered office, company form...). ExtraExpertise undertakes to comply with all applicable legislation in the field of invoicing, and in particular to ensure that the correct accounting and tax information (and in particular VAT identification numbers) are provided in the invoices issued. Freelancers remain solely responsible for their accounting and tax obligations with respect to the issuance of their own invoices. The Invoicing Mandate is one of the services provided by ExtraExpertise, the financial consideration for which is included in the commission owed by the Freelancer to ExtraExpertise.
4.5.10 ExtraExpertise shall make available to the Freelancer a copy of all invoices issued under the Invoicing Mandate. The Freelancer shall dispute invoices issued in its name and on its behalf by the Company immediately if necessary, and no later than three days after the issuance of the relevant invoice. The Invoicing Mandate shall become effective upon acceptance of the Terms and Conditions, until the Freelancer is deregistered from the Platform for any reason, or until the Company terminates the Invoicing Mandate.

5. Verification of Account Information

5.1 We reserve the right (but do not assume the obligation) to conduct an audit at any time to validate your Account information and/or to ensure that your participation on the Website and use of the Platform does not violate these Terms and Conditions and/or any applicable law. You authorize us and our agents to make any inquiries to you and for us to use and disclose to third parties that we deem necessary to validate this information. To facilitate the aforementioned validation, you agree to provide sufficient information or documentation as we, in our sole discretion, may request. If you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we are unable to verify the information applicable to your account, your Account may be terminated.

6. Payment

6.1 The Principal will pay the Platform Fee to ExtraExpertise, which is a commission fee calculated on a percentage of the total rate of the Assignment, excluding VAT, as set forth in https://extraexpertise.be/prijzen under the tab ‘Start-ups en middelgrote bedrijven. For the purpose of generating invoices, the Principal must provide ExtraExpertise with all required information within two weeks of the start of the Assignment (e.g. Purchase number, invoice information). If the Principal fails to comply with this obligation, ExtraExpertise may charge the Principal 10% of the annual rate to cover additional costs as a result.

6.2 The Freelancer will pay the Platform Fees set forth in https://extraexpertise.be/prijzen under the tab ‘Freelancers en student-ondernemers’.

6.3 Additional credits can be added to your Account for the pricing mentioned in the Documentation. Please send an e-mail to support@extraexpertise.be for such requests. We will do the necessary to activate the credits as soon as possible after we receive your payment.

6.4 You will be billed in advance on a monthly recurring and periodic basis for providing the Platform. If we do not receive the full amount of your Platform Fee within thirty (30) days of the Invoicing Date, the amount not paid by you on the due date will bear interest in accordance with the Belgian Act of 2 August 2002 on combating late payments in commercial transactions, as of the due date, taking into account the most current interest rate for that semester as published by the FOD Financiën. You agree to pay us all reasonable attorneys' fees and costs we incur to collect any past due amounts. Your Account will be deactivated without further notice if payment is past due, regardless of the amount. If you do not pay the outstanding balance or otherwise contact us about reactivating your Account within thirty (30) days, we may suspend or terminate your Account. We may change our fee structure at any time upon thirty (30) days' notice.

6.5 You agree that we will not be liable for any loss caused by unauthorized use of your credit card or other payment method by a third party in connection with the Website or Platform. You waive your right to dispute any payment made on your account and you will bear all costs.

6.6 Any attempted fraud, through the use of credit cards or other payment methods in connection with the Website or Platform, or any failure by you to honor charges or requests for payment, will result in immediate termination of your Account and may result in civil claims and/or criminal prosecution against you.

6.7 In the event of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your Account. We have the right to notify all relevant authorities or entities (including credit reporting agencies) of payment fraud or other illegal activity and may engage collection services to collect payments.

6.8 Except where required by law, Platform Fees paid are non-refundable.

7. Processing of Account Payments

7.1 We may use electronic payment processors and/or third-party financial institutions ("ESPs") to process financial transactions. You acknowledge that each ESP has its own Terms and Conditions and that we are not responsible for these terms. In the event of any conflict between these Terms and Conditions and the ESP's terms and conditions relating to the Website or Platform, these Terms and Conditions will prevail.

8. Termination or Cancellations of Accounts and Refunds

8.1 We may terminate these Terms and Conditions, terminate all or part of your access to the Website and/or the Platform, or suspend all or part of a user's access to the Website and/or the Platform, at any time, without notice to you, if we believe, in our sole discretion, that you or any user associated with you has violated or may violate any term or provision of these Terms and Conditions, if we believe it is required by law, or otherwise. We may delete any Account information or other material related to your use of the Website and/or our Platform on our servers or otherwise in our possession. You acknowledge that we will not be liable to you or any third party for any termination of your access to the Website and/or our Platform.

8.2 We reserve the right to terminate your Account for non-payment if, thirty (30) days after deactivation of your Account, you have not brought your Account balance up to par or contacted us about reactivation. If we terminate your Account, all of your Account information may be deleted. You will be charged for the use of the Platform until the date you terminate your Account.

8.3 These Terms and Conditions are entered into for an indefinite period from the moment the User accepts these Terms and Conditions. You may terminate these Terms and Conditions and your Account upon at least thirty (30) days' notice prior to the Renewal Date of your applicable contract/subscription.

9. Directions to Cancel Your Account

9.1 Please send an email to support@extraexpertise.be requesting to cancel your Account or follow the cancellation instructions in the Documentation. We may ask you to complete a cancellation form and request you to provide feedback on why you cancelled your Account.

9.2 You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of these Terms and Conditions. Upon termination of your Account for any reason, we will, at your request and at your option, return or delete all personal information related to your Account.

10. Trademarks, Trade Names and Service Marks

10.1 Unless otherwise indicated, all logos, names, packaging designs and marks on the Website and Platform are trademarks or service marks owned or used under license by us, our licensors or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.

11. Submitted Information

11.1 With the exception of Personal Data (as defined in the GDPR), if you provide us with Feedback, including data, variables, comments, suggestions, ideas, notes, drawings, graphics, concepts or other information ("Feedback"), you are providing that Feedback, and all of your rights thereto, to us free of charge, and such Feedback will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. This applies whether you submit such Feedback to us by email, through a form on the Website, on a bulletin board or otherwise.

11.2 We may from time to time monitor, review and, in our sole discretion, modify or delete any postings you make on the Website, but we are under no obligation to do so. You agree not to submit or transmit any material that is unlawful, threatening, defamatory, libelous, obscene, pornographic, or discriminatory, or that could otherwise violate any law, regulation or rule, or these Terms and Conditions. You are solely responsible for the material you post on the Website or the Platform. You further agree not to upload, email, post or transmit to, or distribute or otherwise publish through, the Website or Platform any material that interferes with the normal operation of the Website or the Platform, including posting or otherwise transmitting material unrelated to the subject matter at hand or that otherwise restricts or inhibits any other user from using the Website or the Platform.

11.3 Through your use of the Website and/or Platform, you may submit and/or we may collect certain limited information about you and your website use in accordance with our Privacy Policy. We will use such information for the purposes set forth in the terms of our Privacy Policy, we are not required to keep such submissions confidential, and we may use submissions (including, without limitation, for products or advertising) without incurring royalties or other fees of any kind, and we will not incur any liability as a result.

12. Warranties

12.1 The User warrants that it will abide by and respect these Terms and Conditions and any additional guidelines of our Platform. If these cause any harm, ExtraExpertise will not be held liable.

12.2 The User understands that ExtraExpertise cannot and does not represent or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may have contaminated or destructive properties. The User is responsible for implementing sufficient procedures and checkpoints to meet your specific requirements for accuracy of data input and output, and for maintaining a means outside the Website and Platform for reconstructing lost data. ExtraExpertise assumes no responsibility or risk for your use of the Internet.

12.3 ExtraExpertise’s Platform and all materials on the Website and Platform are provided "AS IS" and "AS AVAILABLE" and without warranties of any kind, express or implied, including implied warranties of merchantability and fitness for a particular purpose. ExtraExpertise makes no representations or warranties about the accuracy, completeness, or suitability of any material on the Platform or Website, or on any website or websites "linked" to the Website or Platform. ExtraExpertise does not warrant that the Website and Platform will be available, uninterrupted, error-free, or free of viruses or other harmful components.

13. Obligations of the User

13.1 The User undertakes, in the context of his activity and the use of the Platform, to make all necessary declarations and formalities and to comply with all his legal, social, administrative, insurance and tax obligations, as well as to fulfill all specific obligations that may be imposed on him by the legislation under which the User is covered. In the event of a request, the User undertakes to submit to ExtraExpertise without delay all documents proving that he meets the conditions set forth in this article. The User is solely responsible for the correct fulfillment of the aforementioned formalities incumbent upon him. ExtraExpertise cannot be held liable in this respect.

13.2 The User agrees to use the Platform only for the services it provides, and also to use the Platform only in the way it is intended to be used. In particular, the User may not circumvent the Platform and the provided services through the Platform by contracting outside the Platform for Assignments found through the Platform. In case of strong suspicion of misuse of the Platform by ExtraExpertise, ExtraExpertise may decide to invoice the amount of 10,000.00 EUR as compensation and may decide to immediately remove the User from the Platform. Similarly, all Users are prohibited from extracting materials, Customer Data or User Content from the Platform for similar or competitive activity, or for recruitment purposes.

14. Obligations of the Freelancer

14.1 The Freelancer undertakes to maintain strict confidentiality of all exchanges that it may have had with Principals and of all information that was provided to it or of which it may have become aware during a contact via the Platform (whether or not it led to an Assignment). In particular, Users shall refrain from sharing information, excerpts of conversations or exchanges originating from the Platform messaging system with third parties in private or on social network.

14.2 The Freelancer undertakes to offer and perform its services and Assignments on the Platform exclusively in its own name. Thus, it refrains from outsourcing all or part of the Assignment to a third party. If the Freelancer conducts its business under a legal form other than that of a sole proprietorship, only the manager, director or partner of the business structure, as natural persons, may invoice. The Freelancer therefore undertakes to create a profile on the Platform and perform the Assignment itself.

15. Obligations of the Principal

15.1 The Principal undertakes to offer a serious and sufficiently described Assignment to the Freelancer(s) that it approaches via the Platform to obtain a Quotation.

15.2 In this regard, the Principal undertakes to provide the Freelancer with all necessary information so that the description of the Assignment offered is as accurate as possible and does not mislead the Freelancer in the preparation of its Quotation.

15.3 The Principal also refrains from using the Platform to promote its business activity or that of a third party. In this regard, the Principal undertakes in particular not to send advertising messages to the other Users of the Platform or to approach them.

15.4 Should the Principal wish to renew or create a new Assignment, this will be contracted through the Platform for a period of 12 months after (i) the Principal's first contact with the Freelancer or (ii) the end of the first assignment contracted with the Freelancer through the Platform, unless agreed otherwise between the Parties. If the Principal fails to do so, ExtraExpertise may charge 10,000.00 EUR in compensation, unless agreed otherwise between the Parties.

16. Obligations of ExtraExpertise

16.1 ExtraExpertise will use its best efforts (i) to resolve any issues and (ii) to ensure that the Platform is accessible and functions properly, provided that the User complies with the Terms and Conditions. Nevertheless, taking into account the limitations of the Internet, ExtraExpertise cannot ensure that access to and operation of the Platform may be interrupted, in particular in cases of force majeure, failures in the User's equipment, failures in User's Internet network, or maintenance work to improvement of the Platform.

16.2 ExtraExpertise cannot be held liable for any interruption, voluntary or otherwise, to the Platform, it being understood that it undertakes to make every commercially reasonable effort to limit any interruptions that may be attributed to it.

16.3 ExtraExpertise provides its Users with technical resources and tools that enable them to interact with each other with a view to concluding a service agreement through the Platform. Its responsibility is limited to making the Platform available, as described in these Terms and Conditions and the Documentation, and to putting Users (i.e. Freelancers and Principals) in contact with each other.

16.4 ExtraExpertise cannot be held responsible for the frequency with which profiles of Freelancers are presented in the Platform.

16.5 ExtraExpertise and the User are independent parties, each acting in their own name and for their own account. ExtraExpertise does not contract on behalf of any Freelancer or Principal. Consequently, ExtraExpertise cannot in any way be considered an employee/employer or agent of a User.

16.6 ExtraExpertise does not play any other role, in any capacity, with respect to the performance or completion of Assignments contractually entered into between Freelancers and Principals, with both parties bearing full responsibility for making known any problems or difficulties, by filing claims or disputes, that may arise during the performance and/or completion of the Assignments. In this regard, ExtraExpertise cannot be held liable for any cancellation of payment or revocation of the direct debit authorization solely on the initiative of the Principal, nor for any consequences that may result from this. ExtraExpertise cannot be held liable in any way for violations of the obligations incumbent upon Freelancers and Principals, in particular in the context of the fight against undeclared work and compliance with transparency rules, nor for any damage that may result from this. ExtraExpertise cannot be held liable for false, misleading or outdated information provided to it by the Freelancer.

17. Liability of the User

17.1 The User is solely responsible for any direct or indirect damage that he might suffer as a result of any incorrect, incomplete and/or misleading information that he might provide during his registration, or in the absence of an update of such information, the consequences of which he alone shall bear.

17.2 The User acknowledges and agrees that any notification under these Terms and Conditions may be made to him via the e-mail contact address he provided when creating his Account on the Platform.

17.3 The User is solely responsible for any User Content that he decides to post online in the Platform; knowing that ExtraExpertise does not check the User Content before posting it online. The User expressly undertakes not to publish any User Content that is offensive, defamatory, libelous, defamatory, racist, xenophobic or contrary to morals and manners, or harmful to public order or to the rights of third parties or falsified, or that may harm the rights, reputation and image of ExtraExpertise and, more generally, whose purport is contrary to laws and/or regulations, especially those of a criminal nature.

17.4 The Principal is solely responsible for the description of the Assignment for which it requests a Quotation from the Freelancer. In the event that the description of the Assignment offered is incorrect, the Principal will itself assume any additional services required and the associated additional costs, by making arrangements with the Freelancer via the Platform for an additional Assignment.

17.5 The Freelancer acknowledges that the technical tools and resources provided by ExtraExpertise do not relieve him of his responsibility for his legal obligations. In particular, the Freelancer acknowledges to remain fully responsible with respect to his legal and tax obligations regarding the invoicing of original invoices and/or corrected invoices issued in his name and on his behalf by ExtraExpertise, in particular with respect to his obligation to declare and pay VAT in accordance with the Invoicing Mandate.

18. Liability of ExtraExpertise

18.1 To the extent permitted by applicable law, under no circumstances will ExtraExpertise or its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits, loss of data, use, goodwill or other intangible losses, arising from (i) your access to or use of or inability to access or use the Platform; (ii) any third-party conduct or content on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use or modification of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been advised of the possibility of such damages, and even if any remedy set forth herein is found to fail of its essential purpose.

18.2 To the maximum extent permitted under applicable law, the maximum liability of ExtraExpertise to the Principal, arising from these Terms and Conditions will in no event exceed the total amount paid by the Principal for the Platform giving rise to the liability in the twelve (12) months preceding the first incident from which the liability arose or two hundred (200) EUR, whichever is higher. The aforementioned limitations will not apply to ExtraExpertise’s liability resulting from (i) fraud or deceit, and/or (ii) willful misconduct.

18.3 To the maximum extent permitted under applicable law, the maximum liability of ExtraExpertise to the Freelancer and any User, with exception of the Principal, arising from these Terms and Conditions will in no event exceed the total amount of twenty-five (25) EUR. The aforementioned limitations will not apply to ExtraExpertise’s liability resulting from (i) fraud or deceit, and/or (ii) willful misconduct.

19. Indemnification

19.1 You agree to defend, indemnify and hold harmless ExtraExpertise, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the "Indemnified Parties") from and against any and all liability, loss or damage, costs or expenses, including but not limited to court costs, attorneys' fees, and any awards or damages caused by, in connection with or incidental to: (a) your use of our Platform; (b) your use of the Website; (c) User Content or (d) other services offered through the Website or the Platform.

20. Websites of Third Parties

20.1 We may provide links and references to Internet sites maintained by others independent of ExtraExpertise ("Third Party Sites"). We have not reviewed all of the Third Party Sites linked to the Website or Platform and are not responsible for the content of, or any products or services offered on, such Third Party Sites. ExtraExpertise makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained on any such Website. Your access to Third Party Sites from the Website and Platform is at your own risk.

21. Miscellaneous

21.1 If any provision of these Terms and Conditions is deemed invalid, illegal or unenforceable, such provision will be deemed amended to comply with applicable law and the remaining provisions of the Terms and Conditions will continue in full force and effect to the extent permitted by law. Your use of the Website and our Platform is subject to our Privacy Policy. These Terms and Conditions represent the entire understanding and agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral or written communications with respect to the subject matter. Our relationship is that of independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created between us by these Terms and Conditions.

21.2 ExtraExpertise cannot be held responsible in case of default (temporary or otherwise) or in case of failure to perform any of its obligations as a result of a case of force majeure or coincidence.

21.3 These Terms and Conditions will be construed in accordance with Belgian law, without regard to any conflict of law principles. The competent courts of Antwerp will have exclusive jurisdiction over any dispute or controversy arising from or related to these Terms and Conditions or its subject matter.

21.4 If any of the clauses of the present Terms and Conditions is declared void and invalid by a change in laws or regulations or by a court decision, this shall in no way affect the validity and compliance with the present General Terms and Conditions. Failure by ExtraExpertise to exercise its rights shall not imply a waiver of its rights.