Article 1 - Definitions
1. Whoisbehind.com is a sole proprietorship that aims to provide an online platform where companies who register domain names or webhostings can be compared. The online platform also has a domain name switch service and a Freelance Service for the national and international market.
2. In these terms and conditions Whoisbehind.com includes all employees and hired third parties as well.
3. In these terms and conditions Domain name means: the unique internet address of the user.
4. In these terms and conditions Webhosting means: providing web space for a website.
5. In these terms and conditions Freelancer means: the independent entrepreneur who provides services after an order.
6. In these terms and conditions User means: everyone who uses the platform.
7. In these terms and conditions Agreement means: the subscription that is concluded between a Freelancer and Whoisbehind.com. There are four subscriptions: a free subscription, a prepaid subscription, an In-Between subscription and an Unlimited subscription.
8. In these terms and conditions Account means: the personal selection that is created and managed by the Freelancer and User when they register themselves on the Whoisbehind.com platform. As a result they can use the services as referred to in article 1.9.
9. In these terms and conditions Services mean: the possibility to compare companies that register domain names or wehhostings. There is also an option to create a list with domain names. It will be announced when the domain name expires. The User receives a message 1.5 months before the expiration date. The online platform also provides a Freelance Service for the national and international market. Over here Freelancers and Users can come into contact with each other.
10. In these terms and conditions Platform means: the www.whoisbehind.com platform.
Article 2 – Applicability of these terms and conditions
1. These terms and conditions apply to all Freelancers and Users of the Platform.
2. Deviations of the terms and conditions are only valid if they have been explicitly agreed in writing with Whoisbehind.com.
Article 3 – Conclusion of the Agreement
The agreement between Whoisbehind.com and the Freelancer is concluded when the subscription has been paid. The freelancer receives a conformation e-mail after payment. After that the profile of the Freelance is published only immediately. The paid invoice is online visible for the Freelancer.
Article 4 – Duration of the agreement
1. The paid subscriptions are concluded for a duration of 1 year. After this period the subscription will not be automatically extended.
2. The free subscription is concluded for an indefinite period, unless agreed otherwise in writing.
Article 5 – End of the Agreement
1. The paid subscription ends by operation of law because of the expiration of the term. The exact term is mentioned in the subscription.
2. The free subscription can be cancelled without a notice period.
3. Whoisbehind.com will notify the Freelancer when the subscription expires. Whoisbehind.com will also explain how the subscription can be extended.
Article 6 – Remuneration and payment
1. Unless explicitly stated otherwise, the remuneration of the Agreement is based on an electronic invoice. All the amounts communicated by Whoisbehind.com are inclusive of VAT, unless explicitly stated otherwise.
2. The Freelancer is expected to pay in advance. After the payment the Freelancer receives an invoice.
Article 7 – Use of services
1. The Freelancer and User connect to the Whoisbehind.com Platform by registration, and as a result they can make use of the services Whoisbehind.com provides.
2. Freelancers can respond to an order with their account.
3. Users with an account can place these orders for free. Logged in users can see what Freelancers are interested in the particular order.
4. If the Freelancer and User don’t create an account, they can only use the price comparison tool for companies that register domain names and webhostings.
5. Under the condition that the Freelancer and User meet the requirements as stated in these terms and conditions, WhoisBehind.com will give Freelancers and Users a limited, personal, revocable and non-transferable right to access and use of the services that the Whoisbehind.com Platform provides.
Article 8 - Obligations Freelancer and User
1. The Freelancer and User are not permitted to:
- To replicate, publish, sell or commercially use the information obtained by the Services or to make it available for third parties.
- Infringe the rights of Whoisbehind.com and/or third parties, included but not limited to intellectual property rights or rights regarding privacy.
- Use virus or other software that can bring damage to the Whoisbehind.com platform or software meant to circumvent the technical protection measures of the Platform and/or the computer systems of Whoisbehind.com.
- To damage the good reputation and/or interests of Whoisbehind.com.
- To make an account with someone else’s identity.
2. Freelancer and User guarantee that the information provided to Whoisbehind.com is complete and up-to-date.
3. If the Freelancer or User knows or has reason to suspect that his login details have fallen into unauthorized hands the Freelancer or User must inform Whoisbehind.com, without derogation from their own obligation to take effective measures immediately.
Article 9 – Obligations Whoisbehind.com
1. Whoisbehind.com will make every effort to provide the services to the best of its knowledge and ability.
2. A Freelancer with a prepaid- or an annual subscription will receive an e-mail from Whoisbehind.com with orders matching his or her skills.
Article 10 – Exclusion of guarantees
1. Whoisbehind.com excludes explicit and implicit warranties, undertakings and indemnities of whichever nature, including but not limited to warranties, undertakings and indemnities in respect of the quality, security, integrity and accuracy of the Whoisbehind.com platform and her services, unless stated otherwise in these terms and conditions.
Article 11 – Liability
1. Whoisbehind.com is not liable for damage of any nature because it assumed the incorrect or inadequately information provided by the Freelancer and User was correct, unless Whoisbehind.com knew about this incorrectness or inadequateness.
2. Whoisbehind.com does not guarantee that the Platform and/or the Services is accessible and without any interruptions and/or malfunctions at any time. Whoisbehind.com cannot be held liable in any way or is liable for compensation to the Freelancer or User because of possible damage that results from being temporarily unavailable and/or the improper functioning of the Platform and/or Services.
3. Whoisbehind.com cannot be held liable for the incorrectness of information provided by the Platform and any damage resulting from this.
4. Whoisbehind.com cannot be held liable for damage resulting from any unauthorized access to the platform or unauthorized use of the platform.
5. Whoisbehind.com cannot be held liable for damage resulting from third parties who get unauthorized access to the account of a Freelancer or User.
6. Whoisbehind.com cannot be held liable for damage due to delayed or not delivered electronic messages.
7. Whoisbehind.com cannot be held liable for failed obligations or obligations that are not timely fulfilled, resulting from the Agreement, in this cause caused by force majeure as stated in article 12.
8. Freelancer and User indemnify Whoisbehind.com from any third party claims related to the Services.
9. If Whoisbehind.com is held responsible, it will only be liable to the direct damage suffered or paid by Freelancer or User because of the clear shortcomings of the services of Whoisbehind.com.
10. The liability of Whoisbehind.com is limited to the amount of money covered and paid out by the insurance company.
11. The limitation of liability as mentioned in this article does not apply in case of intentional or conscious recklessness on the side of Whoisbehind.com.
12. This provision does not exclude liability, to the extent such liability may not by excluded or limited by law.
Article 12 – Force majeure
1. Force Majeure is defined as all external causes, outside the will or control of Whoisbehind.com, that makes using the Services impossible.
2. Force Majeure as mentioned in the previous section is also defined, but not limited as: the non-fulfillment of a third party, illness of the Whoisbehind.com staff itself or a third party, unusually bad weather, malfunctions in water- and energy supply, strikes, severe malfunctions in the systems of Whoisbehind.com and its suppliers, natural disasters, riots, war or other internal unrest.
3. In case of Force Majeure, the use of Services will be suspended as long as the Force Majeure continues. Unless the Freelancer/User and Whoisbehind.com agree in writing to end the use of Services.
Article 13 – Intellectual Property
1. Freelancer and User accept that the Platform, the structure, the content, the concept and the software programs are part of the intellectual property of Whoisbehind.com.
2. Freelancer and User are not allowed to duplicate, transform, adjust, dismantle, spread, lease and led a part of the Platform. It is also not allowed to bring it back to the broncode or to publish it by any communication tool, unless a written consent has been granted by Whoisbehind.com or unless it is permitted by law.
3. Freelancer and User are not allowed to delete characters referring to the intellectual, industrial or other property rights of Whoisbehind.com. Freelancer and User are also not allowed to circumvent or manipulate technical measures installed in several software programs by Whoisbehind.com or third parties to protect its intellectual property rights.
Article 14 – Identity of Whoisbehind.com
1. Whoisbehind.com is registered in the Chamber of Commerce under the number 62072048. Whoisbehind.com has the following VAT identification number: NL195448571B01. Whoisbehind.com is (legally) located at the President Kennedylaan 271 (1079 MG) in Amsterdam.
2. Whoisbehind.com can be contacted by the following e-mail adress: info[@]whoisbehind.com.
Article 15 – Applicable law and competent court
1. The legal relationship between Whoisbehind.com and Freelancer/User shall be governed by Dutch law..
2. Any disputes that might occur between Whoisbehind.com and Freelancer/User are settled by the competent court in Amsterdam.
Article 16 – Final provisions
These terms and conditions can be found on the online platform Whoisbehind.com