HeadFirst Group Platform

HeadFirst Group Platform is an online platform for Professionals and Clients to (i) bring together supply and demand of flexible labor and (ii) contract management of flexible workers. It gives Principals in government and the top of the Dutch business community direct access to an up-to-date supply of tens of thousands of highly qualified Professionals. This brings supply and demand in the flexible labor market closer together in a transparent manner than ever before. This provides many advantages, such as an optimal price-quality ratio and better matches in terms of knowledge and skills.

Select and Striive

Select and Striive are the names we use for different environments of the online platform depending on the type of services used. Select is linked to our full services intermediary services and our broker services for contract management. Striive is linked to our smart matching services. In each case it concerns support of services related to matching supply and demand of flexible labor and services related to contract management of flexible labor. For the sake of readability of the Terms of Use, in the remainder of this document we always refer to “the Platform” as a collective name for both the Select environment and the Striive environment within our platform.

For whom is the Platform intended?
HeadFirst Group offers Independent Professionals the opportunity to register on the Platform and build a profile in it. Suppliers can also create profiles of Professionals they work with. Clients can login to their own HeadFirst Group environment and place assignments and view profiles of Professionals selected for them.

To whom do these Terms of Use apply?
These Terms of Use apply to Independent Professionals, Suppliers of Professionals and Clients who create an account on the Platform and/or use it. Please note: when you are a Professional and a Supplier registers you on the Platform, you are bound by the agreements you have made with this Supplier. You cannot log into the Platform yourself.

How is your personal data protected?
You can read more about how we process personal data in our Privacy Statement.

When do these Terms of Use apply?
These Terms of Use govern the use of the Platform and apply from the moment you create an account on the Platform. After you have created an account, you can complete your profile and a match can be made between Independent Professionals and/or Suppliers on the one hand and Clients on the other hand. Depending on the capacity in which you use the Platform, we will make additional agreements with you regarding our services with respect to matching Professionals and Assignments.

By creating an account on the Platform, you confirm that you have read and understood these Terms of Use, that you agree to the Terms of Use, and that you accept their applicability. If you do not agree to these Terms of Use, you cannot use the Platform.

For questions regarding these Terms of Use, please contact us at 023-5685630 or support@headfirst.nl.

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Article 1 - Definitions and Interpretation

1.1. In these Terms of Use, the following terms are defined as follows:

Account: the account created by User that provides access to The Platform, on which User can create their profile and use the Services.

Service(s): the service to be provided by HeadFirst Group in relation to bringing together supply and demand in respect of flexible employment and providing contract management, whereby HeadFirst Group, as part of the service, grants the User access to the Platform and makes it available, including the content and functionalities available therein, including creating an Account, bringing Users together, matching Assignments to Suppliers and (Independent) Professionals and managing contracts.

User: Independent Professional, Supplier and/or Client.

Terms of Use: these HeadFirst Group Platform Terms of Use.

HeadFirst Group: the private company with limited liability HeadFirst Source Holding B.V., established in (2132 JH) Hoofddorp at the address Taurusavenue 18, registered in the Trade Register of the Chamber of Commerce under number 27328208, and its present and future affiliated companies, including but not limited to: Associates B.V., Between Staffing B.V., Designated Professionals B.V., EXPR B.V., Fast Flex B.V., Fast Flex Sourcing B.V., HeadFirst Germany GmbH, HeadFirst IT B.V., HeadFirst Poland sp. z o.o., Jenrick Nederland B.V., Jenrick Payroll Services B.V., Myler B.V., Oyster Coast B.V., Proud ICT B.V., Proud Payroll B.V., Source Automation B.V., Source Automation BV. (Belgium), Source Automation Luxembourg SA, Source Payroll Services B.V., Sterksen B.V. and Yellow Friday B.V.

IP Rights: all intellectual property rights and related rights anywhere in the world, including patent rights, copyright, neighboring rights, trademark rights, design rights, database rights, one-line performances and rights to know-how.

Supplier: a legal entity that has entered into an agreement with one or more Professionals on the basis of which the Supplier can offer the Professional's services through The Platform.

Assignment: an assignment issued by the Client to HeadFirst Group to (i) find a suitable candidate Professional and - in the event of proven suitability - (ii) contract with a Self-employed Professional or Supplier to have certain work performed, which Assignment is placed by or on behalf of the Client within the environment of the Platform. User and HeadFirst Group enter into a cooperation agreement for the Services and related Engagements and the mutual rights and obligations that will apply thereto.

Client: a legal entity that places or has placed Assignments in The Platform and wishes to use HeadFirst Group's Services.

Agreement: the agreement between HeadFirst Group and User pursuant to which HeadFirst Group provides the Services to User under the conditions described in these Terms of Use. Any reference in these Terms of Use to the Agreement is also intended to refer to these Terms of Use themselves.

Platform: the online, automated platform of HeadFirst Group on which the User can create an Account and log in for Select and/or Striive and on which the Services are offered.

Professional: an Independent Professional or a professional working with a Supplier, by or on behalf of whom an Account is created within the environment of The Platform.

The PlatformAutonomous Professional: a professional working on a self-employed basis who has created an Account within the environment of the Platform.

Article 2 - Applicability and Modification

2.1. These Terms of Use apply to access to and use of The Platform and the Services. If these Terms of Use apply or have applied to any legal relationship between the parties with respect to the Services, they apply by operation of law to all legal relationships of a later date.

2.2. Any general terms and conditions of User or third parties are expressly not applicable.

2.3. HeadFirst Group has the right to unilaterally amend these Terms of Use at any time. The amended Terms of Use will be communicated through The Platform and/or by email at least thirty days before they take effect. If the User does not wish to agree to the relevant amendment(s), the User may terminate his/her Account until the effective date. If the User has not terminated his/her Account before the effective date, the amendment(s) will be deemed to have been accepted.

2.4. If and insofar as any provision in these Terms of Use is, appears or becomes wholly or partially invalid, void or unenforceable, such invalidity, nullity or unenforceability shall not affect the other provisions and these Terms of Use shall otherwise remain in full force and effect.

Article 3 - Services.

3.1. All Services are performed on the basis of a best efforts obligation, unless and insofar as HeadFirst Group has expressly promised a result to the User and the result in question has been described with sufficient certainty.

3.2. If and to the extent permitted by law, HeadFirst Group is at all times entitled to modify the content and scope of the agreed Services if it considers it desirable or necessary for technical or business reasons.

3.3. In order to prevent or limit any liability to third parties, HeadFirst Group is entitled to take measures regarding the use of The Platform and/or the Services by the User. HeadFirst Group is entitled to deny, suspend or restrict User's access to The Platform in the event of any breach or threatened breach of these Terms of Use.

Article 4 - License, Access and Availability of the Platform.

4.1. HeadFirst Group grants User a license to use The Platform and the Services during the term of the Agreement. The license of use is non-exclusive, non-transferable, non-pledgeable and non-sublicensable.

4.2. HeadFirst Source Group offers Users the opportunity to create (or have created) an Account on The Platform and use its Services. Independent Professionals and Suppliers can create their own Account. For Clients, the Account can be created by HeadFirst Group on behalf of the Client based on the information provided by the Client.

4.3. HeadFirst Group reserves the right to decide, without further explanation, not to allow a User to create an Account, to deny or refuse them access to The Platform in whole or in part, or not to enter into an Agreement with the User, to the extent permitted by law without being liable for any compensation for direct or indirect damages.

4.4. HeadFirst Group keeps the Platform available, maintains and updates The Platform to the extent it deems necessary.

4.5. The provision of The Platform does not extend to the source code of the software underlying it.

4.6. HeadFirst Group is entitled to take technical measures to protect The Platform from unlawful use and/or from use in a different manner or for different purposes than agreed between the User and HeadFirst Group. User shall not remove or (have removed) or circumvent any technical provisions intended to protect The Platform.

Article 5 - Obligations of the User

5.1. The User is solely responsible for the use she makes of The Platform and the Services. When using The Platform and the Services, User must comply with all (usage) regulations and procedures of HeadFirst Group, including those in these Terms of Use.

5.2. User provides HeadFirst Group with all information and materials and provides all assistance reasonably necessary for HeadFirst Group to adequately perform the Agreement and warrants that all information and materials provided are at all times true, complete, accurate and current. If the information is no longer current, User shall make timely changes.

5.3. User is solely responsible for the availability of the facilities necessary to access its Account and The Platform.

5.4. When creating an Account, User enters his email address and creates a password. These login details can be changed by User in the interim. Login details are personal. User must keep his login details confidential and not share them with third parties.

5.5. User is responsible for all (unauthorized) use of The Platform through his Account.

5.6. The User is prohibited from using The Platform in a way that violates the Agreement, applicable laws and regulations, and/or social due care. In addition, User is prohibited from using The Platform in a way that may cause damage to HeadFirst Group and/or third parties.

5.7. User is obliged to follow all reasonable instructions and requests from HeadFirst Group regarding the Services and its security.

5.8. User will at all times respect the privacy of third parties, not process (personal) data in violation of the law, not provide themselves with unauthorized access to the Platform, not spread viruses or other harmful programs or software code, and refrain from criminal offenses, violations of other legal obligations and otherwise unlawful acts or omissions.

Article 6 - Fees, Billing, Payment, Taxes.

6.1. No fees will be charged to User for the creation of an Account. With respect to services for which costs or fees are due, separate arrangements will be made to which additional terms and conditions will apply.

Article 7 - Content

7.1. Through The Platform, information is made available from HeadFirst Group and from other Users, such as Assignments placed by Clients. All content within the environment of The Platform is owned by HeadFirst Group and/or the Users who provided the content or their licensors. Users obtain only a non-exclusive, non-transferable, non-possessory and non-sublicensable right to use the content within the environment of The Platform, in accordance with the conditions laid down in the Agreement and only in the manner intended with the functionalities of The Platform. It is not permitted to publish content outside The Platform without HeadFirst Group's consent.

7.2. HeadFirst Group strives to achieve and maintain a high level of content provision on The Platform, but makes no guarantees and is not liable for any damages caused by incorrect, incomplete, outdated, infringing or otherwise unlawful content. Use of content is entirely at the risk and responsibility of relevant User. HeadFirst Group offers no guarantees that certain content will be or will remain available on The Platform.

7.3. Notwithstanding any other rights of HeadFirst Group, it may at any time remove any content placed by a User within the environment of The Platform, for any reason, for example if it deems itself legally obliged to do so or is ordered to do so by governmental authorities, if the content (allegedly) infringes any rights of third parties, including IP rights, or if User violates the Agreement, provides incorrect, outdated or misleading information or engages in fraudulent activities. HeadFirst Group will not thereby become liable to pay User any form of damages or compensation.

7.4. If HeadFirst Group receives a request from any third party to remove (part of) the content posted by User on The Platform, HeadFirst Group may forward such notice to such User in order to deal with the request. In such case, User shall take all necessary steps to ensure that the Content is brought into compliance with applicable laws and regulations and can otherwise be lawfully published. However, HeadFirst Group has the right to immediately remove the Content based on third party notices provided with sufficient substantiation in HeadFirst Group's sole discretion. HeadFirst Group will not thereby become liable to pay any form of damages or compensation. If HeadFirst Group receives a removal request from a third party, HeadFirst Group has the right to provide identifying and contact information of User to such third party.

7.5. If User believes that any third party content on The Platform is inaccurate, incomplete, outdated, infringes on the rights of User or any third party, or is otherwise unlawful, User may notify HeadFirst Group at support@headfirst.nl. HeadFirst Group will deal with the report as soon as possible and, if it is obliged to do so or if it deems it necessary, remove the relevant content from The Platform as soon as possible.

Article 8 - Duration of the Agreement

8.1. The Agreement between HeadFirst Group and the User is established upon activation of his Account, whereby the User has accepted these Terms of Use.

8.2. The Agreement continues until the Account is terminated. User can terminate his Account by going through the designated steps within The Platform or by sending an email to support@headfirst.nl.

8.3. If an account is inactive for more than one year, i.e. the User has not used The Platform during that period, HeadFirst Group may terminate the Agreement with immediate effect by sending the User an email at the email address known to HeadFirst Group.

8.4. HeadFirst Group shall not be liable to the User for termination of the Agreement in accordance with the provisions herein or for suspension of the User's right to access The Platform.

8.5. Provisions of these Terms of Use that by their nature are intended to continue after termination of the Agreement shall remain in full force and effect.

Article 9 - IP Rights

9.1. All IP Rights to The Platform and the Services belong to HeadFirst Group and/or its licensors. User only acquires those usage rights explicitly stated in the Agreement or these Terms of Use. Unless otherwise agreed, the usage rights obtained from or through HeadFirst Group are non-exclusive, non-transferable and non-sublicensable. All IP Rights to the aggregated, statistical data created and/or collected through the use of The Platform rest entirely with HeadFirst Group.

9.2. When uploading and/or making content available through The Platform, User warrants that (i) it is fully authorized to do so, (ii) it has obtained all necessary rights and/or permission(s) to do so, (iii) this does not infringe any third party rights or is otherwise unlawful, and (iv) HeadFirst Group will not owe any compensation or damages to any third party as a result.

9.3. User is fully responsible and liable for the content it makes available on The Platform. User fully indemnifies HeadFirst Group for any third party claims in this regard and for all related damages and costs, including full attorney's fees.

Article 10 - Personal data

10.1. HeadFirst Group processes personal data of Users. HeadFirst Group is in that respect to be considered as a data controller. HeadFirst Group processes personal data as further explained in the Privacy Statement.

Article 11 - Confidentiality

11.1. If and insofar as, during the execution of the Agreement, information of one party comes to the knowledge of the other party and this information is orally or in writing designated as confidential, or of which the receiving party should reasonably have understood that it should be designated as confidential, the receiving party shall keep this information strictly confidential, use it only for the execution of the Agreement and restrict access to this information to persons who need to know it for that purpose. The Receiving Party warrants that such persons are bound by an employment contract and/or a confidentiality agreement to keep such confidential information confidential.

11.2. Financial and business information, including market information and information about the marketing and sales policy of the parties, information about current and future products and services of the parties, or affiliated companies or enterprises, and personal data of Users are in any case regarded as confidential information in the sense of the previous paragraph of this article.

11.3. Confidential information is not understood to mean information that was already public at the time it came to the knowledge of the receiving party or has subsequently become public through no fault of the receiving party, or that the receiving party has received from a third party without an obligation of secrecy being imposed or that third party was obliged to do so.

11.4. User shall not make any statements about HeadFirst Group to third parties in a manner that may cause it harm.

Article 12 - Warranties and Indemnities

12.1. The Platform and Services are provided “as is” and “as available” and, to the fullest extent permitted by law, to the exclusion of all implied and express claims of conformity, accuracy or usefulness. The Platform and Services are constantly evolving and HeadFirst Group does not guarantee that all components will be fully available at all times. HeadFirst Group is entitled at any time to change the content and scope of the agreed Services if it considers it appropriate for technical or business reasons.

12.2. User warrants that it is fully authorized to enter into the Agreement and thereby will not violate any third party rights or contractual obligations to third parties.

12.3. User guarantees that all information and (personal) data she provides can be processed and used by HeadFirst Group for the purpose of executing this Agreement and providing the Services.

12.4. When using The Platform, User guarantees to act in accordance with applicable laws and regulations, not to infringe on any rights of third parties or act unlawfully in any other way.

12.5. User indemnifies HeadFirst Group for claims by third parties, including Users, based on an (alleged) breach of these guarantees and for all related damages and costs, including full attorney's fees. The User further indemnifies HeadFirst Group against claims by third parties, including Users, who suffer damage in connection with the execution of the Agreement, resulting from any act or omission of the User or from a cause which should be at the User's risk.

Article 13 - Liability

13.1. Any liability of HeadFirst Group on account of an attributable failure in the performance of the Agreement shall only arise when HeadFirst Group has been given notice of default by the User by registered letter, without delay (and no later than one month after discovery of the failure), giving it a reasonable period of at least thirty days to properly comply with its obligations.

13.2. HeadFirst Group is not liable for any direct or indirect damage suffered by the User on any grounds whatsoever. Insofar as exclusion of liability is not possible under the law, HeadFirst Group is only liable to the User for direct damage attributable to it.

13.3. HeadFirst Group is in no case liable for compensation of indirect damage, consequential damage or damage due to loss of turnover or profit, damage due to delay, damage due to loss of data, damage due to exceeding of deadlines as a result of changed circumstances, damage as a result of the provision of cooperation, information from materials by the User and damage due to advice and information given by HeadFirst Group which are not expressly covered by the Services.

13.4. Notwithstanding the foregoing, HeadFirst Group is not liable for indirect damage, consequential damage, loss of profit, lost savings, reduced goodwill, damage due to business stagnation, damage resulting from claims of customers of the User, damage related to the use of goods, materials or software of third parties prescribed by the User to HeadFirst Group or damage due to mutilation, destruction or loss of data or documents.

13.5. Apart from the aforementioned liability provisions, HeadFirst Group is not liable for any damages, regardless of the ground on which an action for damages will be based.

13.6. The exclusions and limitations of liability in this article apply in full to directors, management, employees, representatives and legal successors of HeadFirst Group, which persons may rely on this article directly.

13.7. The exclusions and limitations of liability in this article do not apply if the damage is caused by intent or deliberate recklessness of HeadFirst Group's management.

Article 14 - Other

14.1. The Agreement and these Terms of Use are governed by Dutch law.

14.2. All disputes arising from or related to the Agreement will be submitted to the competent court of the District Court of Amsterdam, unless the parties agree on arbitration or binding advice.

14.3. HeadFirst Group is entitled, without further consent of the User, to engage third parties to assist in the execution of the Agreement, or to implement parts of the Agreement as a subcontractor.

14.4. User is not entitled to transfer the rights and obligations under the Agreement to a third party without HeadFirst Group's prior written consent. HeadFirst Group is entitled to attach conditions to this consent.
14.5. HeadFirst Group is authorized to transfer all or part of the rights and obligations under the Agreement to a third party.

14.6. Electronic communications sent by HeadFirst Group are deemed to have been received on the date of dispatch, unless the contrary is proven by the User.

14.7. HeadFirst Group and User are independent parties who are not authorized to represent each other, perform legal acts for each other, mediate or enter into agreements on behalf of each other, give guarantees or make commitments, except as otherwise agreed. The Agreement in no way constitutes any exclusivity agreement between the parties.

Update: June 2022