Client agreement DriveMe
DriveMe is a trade name of Dutch Driver Technologies B.V., located at Frijdastraat 20C, 2288 EZ RIJSWIJK, and registered in the Chamber of Commerce under number 75412802.
- Contractors: Independent private drivers who use DriveMe to acquire assignments.
- Clients: Individuals or companies who use DriveMe to find a private driver for a ride assignment.
- Rideorder: A car ride for which a client wants to employ a private driver.
- Assignment: The agreement for assignment that is established using DriveMe’s digital platform between a client and a contractor for the performance of a ride assignment.
- Assignment hours: The number of hours a contractor dedicates to an assignment.
- Order claims: Claims related to service(s) provided by a contractor to a client as stated in an agreement of assignment between them.
- DriveMe is a digital platform that enables clients and contractors to find each other. Clients can place a ride assignment on DriveMe, and contractors can respond. An client selects their contractor – facilitated by DriveMe – and this establishes an assignment between the contractor and that client.
- Terms and conditions are associated with the use of DriveMe, necessary for DriveMe to function as an independent platform.
- A digital platform where ride orders can be placed.
- A digital platform where contractors can acquire assignments.
- Model agreements (including an agreement of assignment to be concluded between an contractor and an client).
- Invoicing on behalf of contractors.
- Payments to contractors.
1.2. About this Client Agreement
This Client Agreement applies to the use of DriveMe’s website and digital platform and all legal actions arising from the use of DriveMe’s services. This Client Agreement is deposited with the Chamber of Commerce in The Hague.
Client registers with DriveMe as a Client by creating a profile on the digital platform. The minimum requirements for registering as a Client and using DriveMe are:
- Authorized or authorized representative;
- Contact/billing details; and
- Bank account number.
3. The Assignment
Client places a rideorder online on DriveMe’s website. This rideorder is visible to contractors. A rideorder remains visible until an assignment related to that rideorder is established or that rideorder is withdrawn. Client has the option to withdraw and modify a rideorder as long as an assignment related to that rideorder has not been established.
3.2. Model Agreement of Assignment
As a service on its platform, DriveMe facilitates a model agreement of assignment for assignments to clients and contractors, which is based on a model agreement approved by the Tax and Customs Administration. The use of the model agreement of assignment is at the discretion of the client. Although clients and contractors are free to make other arrangements, DriveMe advises client not to deviate from this agreement of assignment. DriveMe is not liable for the consequences of using the model agreement of assignment.
3.3. DriveMe Not a Party
The Assignment is entered into by client and a contractor. DriveMe is not a party to the agreement of assignment entered into by client and contractor for the Assignment.
3.4. Maximum Hours per contractor
Client will not have a contractor perform work on the basis of one or more assignments as described in this article for more than 660 hours per year, so that an contractor can meet a minimum of three clients on an annual basis.
4. Client Compensation and Credit
4.1. Client Compensation
For assignments that arise between clients and contractors using DriveMe’s digital platform, client owes DriveMe a Client Compensation of EUR 10.00 (excl. VAT) per rideorder for the use of the software and acquisition. DriveMe will send client an invoice for the Client Compensation after the rideorder, and client will pay the Client Compensation as soon as possible within the legal deadline.
4.2. Contractors Compensation
For assignments that arise between clients and contractors using DriveMe’s digital platform, client owes contractor a compensation calculated by multiplying the hourly rate by the number of hours worked for the rideorder, possibly increased by a travel allowance (excl. VAT). DriveMe will send client an invoice for the Contractors Compensation after the rideorder, and client will pay the Contractors Compensation as soon as possible within the legal deadline.
Due to automation of invoicing, client cannot invoke set-off as laid down in Articles 6:127 to 6:141 of the Dutch Civil Code.
DriveMe is not responsible and liable for: (a) Filling, placing, or making assignments and contractors available; (b) Information provided by client when placing a rideorder or if client does not comply with applicable laws and regulations, intellectual property rights, and privacy laws for third parties; (c) The quality of the rideorder placed by client; (d) Any damage incurred or costs arising from the non-fulfillment, removal, modification, or cancellation of an Assignment or a rideorder; (e) The quality of work provided by contractors; (f) The actions or omissions of client or an contractors in any form. (g) Damage to the vehicle of the client.
Client and DriveMe have the right to terminate client’s registration on DriveMe’s digital platform at any time and dissolve this Client Agreement without stating a reason, and without the other party being liable for damages resulting from termination.
Client grants DriveMe permission to advertise with visual materials from client’s business.
7.2. DriveMe Trial Service
Clients can perform their first Assignment that is established using DriveMe’s platform without having a VAT number. Clients are personally responsible and liable for reporting the income they earn from that Assignment to the Tax and Customs Administration.
7.3. Deferred Invoicing
If contractors have applied for a VAT number from the Tax and Customs Administration, the sending of invoices will be deferred until the VAT number is received.
8. Dutch Law and Jurisdiction
Dutch law applies to this Client Agreement. Any disputes are exclusively submitted to the competent court in the district of The Hague.