Terms and conditions
These terms belong to every agreement The Dutch Crew B.V. enters into about the use of Event Workforce. They are written in plain language here, because a term nobody reads helps nobody either.
1. Definitions
- Event Workforce
- The product: the web application at app.eventworkforce.nl, the accompanying apps for desktop, Android and iOS, and this website.
- We, us
- The Dutch Crew B.V., registered with the Dutch Chamber of Commerce under number 90465954, established at Hornweg 64, 1044 AN Amsterdam.
- Customer
- The organisation that enters into an agreement with us about the use of Event Workforce.
- User
- Anyone working in the customer's environment with an account of their own: schedulers, supervisors, crew companies and crew.
- Crew company
- A company that supplies crew through the customer, and that sees only its own people in the system.
- Agreement
- The arrangement between us and the customer that these terms belong to, including the quote and the processing agreement.
2. What the service is
Event Workforce is software a customer uses to plan their events, schedule their crew, let that crew clock in and out, and check and export the hours worked. We supply that software as a service: the customer gets access to an environment we run and maintain, and does not have to install or maintain anything themselves.
We supply software, not people. We are not a staffing agency and not an intermediary. Who works for the customer, what that person earns and on what terms they work is a matter between the customer, the crew company and the crew member. We are not a party to those arrangements, nor to payroll.
We keep developing the product: features are added and existing features change. If we remove something a customer clearly relies on, we say so beforehand and in good time.
3. The agreement
The agreement comes into being at the moment the customer accepts our quote in writing — an email is enough — or, if that is earlier, at the moment we put an environment into use for them at their request.
These terms belong to that agreement. Where the quote says something different from what is written here, the quote applies. The customer's own purchasing conditions do not apply, unless we have accepted them expressly and in writing.
The agreement runs for the period stated in the quote: for a single event, for a season, or for a bespoke period we have agreed together.
4. Accounts
Every user works under an account of their own. Accounts are not shared. That is not a formality: the system records who made each change, and on a shared account that record is worth nothing.
The customer decides who gets an account and what they may do with it. Who may see and change what is set per role, and the customer manages those roles themselves. The customer withdraws an account as soon as someone no longer works for them or for one of their crew companies.
Credentials are personal and are not passed on. If the customer thinks someone else can get into an account, they withdraw the account and tell us at info@eventworkforce.nl.
An account is meant for a person working with the system. If the customer wants to read the system out automatically or connect it to something else, we agree that together beforehand.
5. What the customer is responsible for
The customer is responsible for:
- The accuracy of the hours. The system records what is clocked and what is corrected afterwards. Whether a clocked hour is also a worked hour is something we cannot see and do not check. What is eventually paid out is checked and approved by the customer themselves before they export it.
- The lawfulness of the personal data they enter. The customer makes sure they are allowed to process that data, that the people it concerns know it is happening, and that they do not enter more data than they actually need.
- Keeping credentials safe, and withdrawing the accounts of people who no longer belong there.
- What they put into the system themselves: project names, email texts, files and photos.
If something goes wrong because one of these is not in order, that is for the customer's account.
6. Availability and maintenance
We do our best to keep the system running, but we do not promise a percentage. There is no uptime guarantee and there are no penalties for downtime. Anyone who needs that has to agree it with us separately; we will not put it in these terms only to fail to live up to it afterwards.
What we do do: the system runs on one environment that we actively maintain, and we pick up a fault as soon as we know about it. Report a fault to us at info@eventworkforce.nl or +31 6 41 51 26 46.
We schedule maintenance as far as possible outside the moments when people are clocking, so not during a running event. If maintenance makes the system unreachable for a while, we give warning beforehand. For an emergency repair or a security problem, that is not always possible.
The apps keep clocking when the network drops out on site and sync as soon as there is a connection again. That absorbs part of the problem, but not all of it: if the system itself is down, the hours only arrive once it is running again.
7. Pricing and payment
What the customer pays is stated in the quote: per event, per season, or a bespoke price. All amounts are exclusive of VAT, unless it expressly says otherwise.
Invoices must be paid within [betalingstermijn].
If the customer does not pay on time, we first send a reminder with a reasonable period to pay after all. If payment still does not follow, we may suspend access to the system. We do not do that during a running event: an hour that cannot be clocked cannot be made up later. During a suspension the customer's data simply stays where it is.
We may change our prices for a following period, not for a period that is already running. We announce a price change at least [termijn] before that new period begins.
8. Liability
We are liable for damage that is the direct result of a mistake on our side. That liability is limited, per incident and over a whole year together, to the amount the customer paid us in the twelve months before the damage.
We are not liable for indirect damage: lost turnover, lost savings, reputational damage, or damage arising because data the customer entered or approved themselves was wrong.
This limitation does not apply where the damage is the result of intent or deliberate recklessness on our side.
The customer reports damage to us within [termijn] of discovering it, or of the moment they could reasonably have discovered it. If they report later, the claim lapses.
9. Personal data
The system holds personal data about crew. For that data the customer is the controller and we are the processor: we process it only on the customer's instructions and never for ourselves.
A processing agreement therefore belongs to the agreement. It sets out what we may do with that data, which other parties we bring in, how we secure it, and what happens if there is ever a data breach. Where that agreement contradicts this article, the processing agreement prevails.
What we do with data that comes in through this website is set out in our privacy statement.
10. Term, termination and the data afterwards
The agreement ends at the end of the agreed period, unless the customer and we agree together to extend it. There is no tacit renewal in it.
If the customer wants to stop early under an agreement for a season or longer, they can terminate in writing with a notice period of [termijn]. What has already been paid for the running period is not refunded.
We may end the agreement if the customer still does not pay after a reminder and a reasonable period, or if they use the system in a way that breaks the law or these terms.
Afterwards, the customer can take their data with them: the clocked hours leave the system as CSV or Excel. We keep the environment available for that for [termijn] after the agreement ends. After that we delete the customer's data. If the customer wants it gone sooner, we do that at their written request.
11. Changes to these terms
We may change these terms. For an agreement that is already running, a change only takes effect after we have announced it, and no sooner than [termijn] after that announcement.
If a change is to the customer's disadvantage and they cannot live with it, they may terminate the agreement as of the day the change takes effect. At the top of this page is the date we last updated these terms.
12. Dutch law and the competent court
Dutch law applies to the agreement and to these terms.
If we cannot work something out, we first try to solve it together; a call to +31 6 41 51 26 46 is almost always faster than anything else. If that does not work, we put the dispute to the competent court in the district where we are established.