1.1. We want more music. We are achieving this by investing in music and collaborating with musicians and music teachers.
1.2. Muziekonderwijs.nl (the ‘Provider’) wants more music nationally and internationally. We would like to achieve that music is the more common standard in more people's everyday life and that more music is the norm in the society. The Provider should be affiliated with a high standard of music teaching.
1.3. The Provider offers an IT platform and service around this platform to music teachers of the Provider’s community. We help students to connect with the best possible teacher so these easily can meet with their focus on music. We help the teachers using the platform to save time and having a more efficient teaching practice. Thereby the teachers can focus more on their music, performance, practise and teaching.
2. Service arrangement
2.1. The Provider runs an online platform where customers and music teachers can be brought together and the Provider facilitates the payment of the music lessons.
While using the platform, the music teacher (the ‘Recipient’) will carry out the music lessons in the manner he considers suitable and uses an own working space.
2.3. The Provider will arrange a short introductory talk between the Recipient and the customer, after which the customer may decide to take music lessons by the Recipient. The Recipient will contact the customer within 3 working days about this introductory talk.
2.4. The Recipient will provide the Provider with a wording for its public personal profile on the platform, without referring to any other websites.
2.5. The Provider will keep the Recipient up to date by means of digital newsletters.
2.6. The Recipient will notify the Provider immediately in the event that he is impeded from performing a booked music lesson. At the customer’s request, the Recipient will make a suitable replacement available.
2.7. The Recipient declares that he runs a business that also performs work other than via the platform.
2.8. The Recipient declares that it explicitly is not the intention to have an employment contract exist now or in the future between the Recipient and the Provider, and hereby irrevocably and unconditionally waives the right to invoke any employment relationship.
3. Commencement, term and termination
3.1. The service arrangement will enter into effect after acceptance of these terms and conditions by the Recipient and is being entered for an indefinite term.
3.2. Either party may terminate the service arrangement with due observance of a notice period of 1 month. Notice of termination must be given in writing, effective from the end of the month.
3.3. The Provider will be entitled to set the Recipient’s profile off-line or to terminate the service arrangement effective immediately, without any warning, notice of default or judicial intervention being required, and without being required to compensate any loss or damage whatsoever, in the event that the Recipient violated in any manner the obligations stipulated in these terms and conditions, or the collaboration between the Recipient and the Provider/customer is not working well while the Provider has addressed this issue before.
3.4. If the Provider cannot get in contact with the Recipient for more than 14 days and this absence in communication is not stated before hand, the Provider has the right to set the Recipient’s profile off-line. If the Recipient is away for vacation or otherwise unable to perform the requested music lessons for more than 14 days the Provider’s administration must be informed about this before hand.
4.1. The Recipient is free to decide the fee that will be charged to the Provider. The Provider will add his surcharge to the price that will be invoiced to the customer.
4.2. The Recipient has no right to payment of salary within the meaning of Book 7, Title 10, of the Dutch Civil Code, and the Provider does not have any obligation towards the Recipient to continue to pay any form of salary in the event that no work is performed.
4.3. In addition to the fee stipulated in the first subsection of this Article, the Recipient is not entitled to claim from the Provider or the customer any other compensation and/or reimbursement of expenses.
5.1. The Recipient indemnifies the Provider against, and will compensate the Provider immediately upon request in respect of any and all unexpected claims brought by the Dutch Tax and Customs Administration and/or the UWV benefits agency, however they may be named and on whatever position they may be based, in connection with withholding and/or remitting wages and salaries tax and national insurance contributions and any penalties and interest that may be due on them in connection with the work performed by the Recipient.
5.2. The Provider may withhold from the fee still to be paid and – if applicable – from any other amounts that the Recipient owes, the above-mentioned withholdings, remittances and contributions.
5.3. The Recipient will fully cooperate with the Provider to enable it to demonstrate to the Dutch Tax and Customs Administration and/or the UWV benefits agency that, or to make agreements with those agencies to the effect that, within the context of the service arrangement it has no obligation to withhold, remit and pay as referred to in the first subsection of this provision.
6.1. The Recipient is liable for any and all damage that is caused directly and/or indirectly to the Provider and/or the companies affiliated with the Provider, in the context of the performance of the work on the basis of the service arrangement. In that context the Recipient fully indemnifies the Provider and the companies affiliated with it.
6.2. The Recipient indemnifies the Provider and the companies affiliated with it against any and all claims and entitlement rights brought by third parties, including, but not limited to, the Provider’s customers and clients, that ensue from damage that has been caused in the context of the work for the customer by the Recipient.
6.3. The Recipient declares that it has taken out adequate liability insurance in connection with the risks to be run in connection with the performance of the work.
6.4. The Recipient must have a valid VOG (verklaring omtrent gedrag), before the service arrangement can take place. The VOG must be made available for the Provider, digitally or in paper form.
Both during the term of this service arrangement and after it has ended, without prior written permission from the Provider, in respect of which permission the Provider may attach conditions, the Recipient is prohibited from providing information to third parties regarding any and all matters related to the Provider, its directors, customers and business relations, and in particular with respect to any and all knowhow, documents, information and knowledge of the Provider’s, all of the foregoing in the broadest sense of the words and regardless of how the Recipient became aware of that information. The Provider also is taken to mean companies affiliated with the Provider.
8. Business-relations clause
Both during the term of the service arrangement and for a term of 12 months after it has ended, without prior written permission from the Provider, in respect of which permission the Provider may attach conditions, the Recipient is prohibited from working for persons who, at the time at which the service arrangement is terminated, are customers of the Provider’s or a company affiliated with it, or for a term of 12 months prior to that termination were customers of the Provider’s or a company affiliated with it, in any manner whatsoever, directly or indirectly, either for remuneration or for no consideration.
9. Miscellaneous provisions
9.1. In the event that it turns out that one or more of the provisions stipulated in these terms and conditions is not legally valid, the other provisions stipulated will remain in force. In that case the parties will consult with respect to the provisions that are not legally valid in order to agree on a replacement provision in writing that is legally valid and that is in keeping to every extent possible with the purport of the provision to be replaced.
9.2. In case of a change in the Dutch tax legislation the Provider will be entitled to make changes to these terms and conditions.
9.3. Any changes in these terms and conditions will be sent to the Recipient. If the Recipient does not agree with these terms, the Recipient’s can choose to have their profile set offline.
9.4. The Provider will only use the personal data of the Recipient as far as necessary for the performance of the service arrangement and will secure the data properly.
10. Applicable law
These terms and conditions are governed by Dutch law.
11. Competent court
In the event of any dispute between the parties with respect to these terms and conditions, the competent Dutch court will have jurisdiction to take cognisance of the dispute.