1. Definitions
Golden Deals BV: the private limited company that provides the services. Creator: the self-employed entrepreneur, aged 21 or over, registered with the Dutch Chamber of Commerce (KvK), who works together with Golden Deals BV. Agreement: the services agreement between Golden Deals BV and the creator. Services: managing the creator's online profile, including communication with customers and fans, scheduling and support.
2. Applicability
These terms apply to all offers and agreements between Golden Deals BV and the creator. Deviating arrangements are only valid if they are recorded in writing.
3. Nature of the partnership: independent-contractor status
Golden Deals BV works exclusively with self-employed entrepreneurs. The creator carries out the work as a self-employed professional and not under an employment contract.
- The agreement is a services agreement. The parties expressly do not intend an employment contract or a relationship of authority as referred to in employment law.
- The creator decides for herself how and when she creates content. Coordinating on scheduling and management does not constitute employer authority.
- The creator is responsible for paying her own income tax and, where applicable, VAT, and for her own insurance (including disability insurance) and pension.
- Golden Deals BV does not withhold payroll taxes or social security contributions. There is no entitlement to holiday allowance, continued payment during illness or other employee benefits.
- The creator is free to work for others as well, unless otherwise agreed in writing.
4. Registration as a self-employed professional
At the start of the partnership, the creator is registered with the Dutch Chamber of Commerce (KvK) as a self-employed professional, or registers for it. If the creator is not yet registered, Golden Deals BV can, if desired, help with the registration and getting the basics in order, for example with guidance on the KvK and VAT. The creator remains responsible for her own registration and administration.
5. Formation of the agreement
The agreement is formed after written or digital confirmation by both parties. Golden Deals BV may decline a partnership without stating a reason.
6. Age and identity
Partnership is only possible from age 21. The creator provides a valid proof of identity for age verification. Providing incorrect information leads to immediate termination.
7. Obligations of the creator
- Supply fresh content each month, such as photos and videos.
- Only supply content to which she holds the rights herself.
- Not supply content that violates the law or platform rules.
- Communicate boundaries and wishes clearly and in good time.
- Ensure a valid Chamber of Commerce registration and proper administration of her own.
8. Obligations of Golden Deals BV
- Manage the profile professionally and cover the agreed shifts.
- Respect and record the creator's boundaries.
- Treat data and content confidentially.
9. Rights to content
The creator retains the rights to her content and grants Golden Deals BV a non-exclusive license, for the duration of the agreement, to use that content for managing and promoting her profile. This use ends upon termination.
10. Compensation and payouts
The split of the income is agreed in advance, personally and transparently. Payouts take place weekly or monthly, in consultation. As a self-employed professional, the creator is responsible for her own tax return and, where applicable, the payment of VAT, unless otherwise agreed in writing.
11. Confidentiality and discretion
Both parties treat all confidential information they receive from each other as strictly confidential, including after the partnership ends. Golden Deals BV respects the agreed discretion, including working with a mask or blurring the face.
12. Personal data
Golden Deals BV processes personal data in accordance with the privacy statement and the General Data Protection Regulation (GDPR).
13. Liability
Golden Deals BV is not liable for indirect damage, including lost profits. Liability is limited to the amount paid to the creator in the three months preceding the event that caused the damage. This limitation does not apply in the event of intent or willful recklessness.
14. Force majeure
In the event of force majeure, obligations are suspended. If the force majeure lasts longer than a continuous period of thirty days, both parties may terminate the agreement in writing without any obligation to pay damages.
15. Term and termination
The agreement is entered into for an indefinite period and may be terminated in writing by either party with a notice period of one month, unless otherwise agreed. In the event of a serious breach, it may be terminated with immediate effect.
16. Changes
Golden Deals BV may amend these terms. Changes are communicated at least one month before they take effect.
17. Governing law and disputes
These terms are governed by Dutch law. Disputes are submitted to the competent Dutch court.