THE MAFFIA “MAFFIAMATCH” PLATFORM CONDITIONS (version11.12.2019)
Platform enable the Users to acces the marketplace where principals
(“Customers”) and contractors (“Freelancers”) can meet in the context of design
and marketing. Through this marketplace, the Maffia provides its
matchmaking-services (“Services”) and aims to facilitate working with the right
Freelancer and to lower the threshold for the Customers to work with them. These
current Maffia MaffiaMatch Platform Conditions (“MaffiaMatch Platform
Conditions”) apply to the access and use of the online MaffiaMatch Platform (“MaffiaMatch
Platform”) by the user, as identified in the User account (“User”) and the
developer of the MaffiaMatch Platform and provider of the Services, the Maffia (“the
Article 1. The use and access of the MaffiaMatch
- In order to provide you with our MaffiaMatch Platform, we work with social media partners and other third party suppliers. The general (license) terms and conditions with respect to software and/or hardware of these third party supplier’s and social media partners, as well as the third party supplier’s conditions regarding the maintenance services provided by the third party supplier, as amended from time to time, which the User hereby expressly accepts form an integral part of the present MaffiaMatch Platform Conditions. As such, we do not disclose your personal data to our social media partners, nor send you advertising, marketing or promotional messages through social media. We do, however, make use of the software of the third party supplier and social media to send or respond to the User in relation to the provided Services, such as send mission critical messages from notifications to confirmations and delivery alerts. We are not responsible for the use of your personal data by such social media service provider or third party supplier. In such case, the social media service provider and third party supplier will act as controller. For your information only, we have included the relevant links (these may be changed from time to time by the relevant service provider):
API for WhatsApp
the User does not agree with the MaffiaMatch Platform Conditions or the General
able to use the MaffiaMatch Platform and the Services, but if the User does not
agree with the use of Twilio API for Whatsapp, the User can easily opt-out of
this functionality. Any damage caused as a result of the opt-out is beyond the
responsibility of The Maffia.
1.4. The Maffia may revise these MaffiaMatch
Platform Conditions (including by way of additional terms or policies) at any
time by giving a simple notice to you. If you continue to use the MaffiaMatch Platform
following receipt of such notice, you will be deemed to have accepted our
revision of our terms. If the User rejects the updated MaffiaMatch Platform
Conditions, the MaffiaMatch Platform Conditions will be terminated at the end
of the ongoing period and the User shall no longer be able to use the MaffiaMatch
Platform and the Services from that moment onwards. Any damage caused as a result of the termination is
beyond the responsibility of The Maffia.
Article 2 The
registration of a User by creating an User account
use and acces the Maffia Match Platform, the User needs to be registered by
creating a User account. The User agrees and warrants that the information it
provides, such as contact details, identification data and payment details, is
accurate and truthful. The User is responsible for ensuring that this
information is up-to-date at all times.
uploading or sharing information on the MaffiaMatch Platfrom the User shall
irrevocably transfer all intellectual property rights in relation to the
information submitted on the MaffiaMatch Platform to the Maffia. This
assignment shall be done worldwide, to the largest extent possible and shall
include all current and future forms of exploitation.
creating the User Account the Maffia grants the
User a limited, non-exclusive, non-transferable licence to access and use the
MaffiaMatch Platform and its Services, and allow the user to add a reasonable
number of Employees (“Named Users”) to use the MaffiaMatch Platform and its
content for its own internal business purposes.
User account is personal, strictly confidential and it is prohibited to
transfer it to a third party. Only known employees (“Named Users”) of the User
may acces and use the MaffiaMatch Platform. Therefore, the User is responsible
for maintaining the confidentiality of its password an account information, and
is solely responsible for all activities that occur under its User account.
User must immediately notify the Maffia of any unauthorised use of its password
or its User account or any other breach of security. The Maffia will not be
liable for any loss or damage whatsoever resulting from the disclosure of the
Users’ username and/or password contrary to these MaffiaMatch Platform terms.
2.6. The decision
to accept the registration is in our discretion and the Maffia may revoke a
registration for a User account at any time.
If the Maffia becomes aware
of or suspects any unauthorized use or fraude, the Maffia may suspend the User
account without any prior notice.
2.7. The User shall not infringe the
Maffia’s or any third party’s intellectual property rights and may not reverse
engineer, reproduce decompile, disassemble or otherwise attempt to derive or
obtain any source code, structure, know how or ideas underlying in the
MaffiaMatch Platform. Moreover, the extraction and/or reproduction of the
entirety of the database of the Freelancers is explicitly prohibited and will
be considered fraude.
User aknownledges that is will use the MaffiaMatch Platform and Services only
for its internal business and lawful purposes, and not for offering services to
third parties (except as otherwise agreed in writing).
Article 3 About the services provided on the
MaffiaMatch Platform and by the Maffia.
MaffiaMatch Platform enable the Users to acces the marketplace where principals
(“Customers”) and contractors (“Freelancers”) can meet in the context of design
and marketing. Through this marketplace, the Maffia provides its matchmaking-services
(“Services”) and aims to facilitate working with the right Freelancer and to
lower the threshold for the Customers to work with them. Besides facilitating
the communication between the User and the Freelancer, the Maffia will, in
certain cases, also provide certain Services to the User, as set out further in
the Specific Terms & Condition or as explicitly agreed otherwise in
writing. he Maffia will enjoy complete freedom and independence
in the performance of the Services.
- The MaffiaMatch Platform enables the Customers, amongst others, to search in a database of Freelancers, conduct an interview process and, subject to consent between the Customer and the Freelancer, to execute a consultancy agreement for the performance of services by the Freelancer. The Freelancer will deliver his services directly to the User, on an independent basis and not as a subcontractor, agent or employee of The Maffia.
- There is no hierarchical relationship between either The Maffia and the User or the User and Freelancer(s).
- To provide its Services, the Maffia is allowed to gain access to all communication between the User and the Freelancer as she sees fit. Furthermore, the User will provide The Maffia all relevant documentation and communication within 48hrs as requested by The Maffia.
Article 4 fees
- For the Customer, the use of the MaffiaMatch Platform
shall be free of charge. Where a candidate is introduced by The Maffia to a
Customer and that candidate is employed by either the Customer or an associated
party of the Customer then the agreed Fee as agreed upon in the Specific Terms
and Conditions will be payable by the Customer to The Maffia.
- For the Freelancer shall the use of the MaffiaMatch
Platform be subject to a yearly subscription fee (“Subscription Fee”) as soon
as he is hired by the Customer.
- Freelancer First Year Subscription Fee, an unlimited
access of twelve (12) months starting from the point of hiring by the Customer is
available for an annual subscription fee of 225,00 EUR.
- Freelancer Second Year Subscription Fee, after the
First Year Subscription Fee an unlimited access of twelve (12) months is available,
for an annual
subscription fee of 195,00 EUR, if the Freelancer is hired within the twelve
(12) months after the First Year Subscribtion.
- The Maffia reserves the right to apply an indexation
of its prices every 1st of January in accordance with the following
formula, based on the Agoria Index for Salaries (national average): New Price =
Old Price * 0,2 + [0,8*(New Index / Old Index)]. In addition, The Maffia
reserves the right to modify its prices at any time, subject to prior written notice
to the User. In this case, the User shall have a
period of one month to terminate the agreement without penalty or to change to
a free subscription model. Otherwise, the user shall be deemed to have accepted
the new rates.
- The Fees are non-refundable and must be
paid within 30 days after invoicing. If the User fails to make any payment due
by the due date for payment, then, without limiting our remedies, the User
agrees to pay interest on the overdue amount at the rate of 8% per annum. Such
interest shall accrue on a daily basis from the due date until actual payment
of the overdue amount.
Article 5 About the duration and termination
MaffiaMatch Platform conditions
come into effect on the date of the registration and creation of the User
account and shall bind the User and the Maffia for successive periods of one
(1) year, subject to a notice period of three (3) months prior to the expiry of
the then running period. Either Party may terminate the collaboration at any
time subject to 3 months’ notice by registered letter.The User may choose to prevent
renewal or to swap to a different subscription model.
Maffia may, at any time and for any reason and at its sole discretion: (a)
change, suspend or terminate (temporarily or permanently) the MaffiaMatch
Platform or any part or functionalities; or (b) restrict, suspend or terminate
(in whole or in part) the User account, password, permission to access or use
the MaffiaMatch Platfrom and/or remove and discard any content the User may
have contributed to or gained from the use the MaffiaMatch Platform or the
Services, all without any notice or
liability to the User or any other person.
5.3. Without prejudice
to its other rights, each party may, at its own discretion, rescind the
collaboration and the use of the MaffiaMatch Platform and Services by operation
of law, if the other
Party commits a severe material breach of the MaffiaMatch Platform Conditions,
provided that the other Party does not rectify this breach within fifteen (15)
days after receipt of a written notice sent by registered mail explaining the
nature of the breach and requesting the defaulting Party to correct or terminate
the breach. Extension of the aforesaid period for remedy of the default will
not be refused on unreasonable grounds if during the remedy period of thirty
(30) calendar days the Party in default has commenced remedying the default and
is making reasonable efforts to continue to do so.
the collaboration is dissolved and/or terminated due to gross negligence of the
Maffia, the active Services will expire in accordance with their agreed
duration and the Services provided at that moment shall be compensated for and
paid at the current fees or rates specified in the General Terms and
5.5. Unless the collaboration is dissolved
and/or terminated due to gross negligence of the Maffia, the User is obliged to
export prior to the termination the input data he/she has entered at his own
initiative. The Maffia is entitled to delete the input data in due course.
Article 6 – Confidential information
information is defined as all information of any form whatsoever (oral,
written, graphic, electronic, etc.) exchanged between the Parties in the
context of the MaffiaMatch Platform and these Services.
6.2. Each Party and its Named Users must keep
confidential all confidential information received from the other Party in the
performance of these Services. Additionally, the Parties may only use the
confidential information for the purposes of this Agreement. The Parties may
not disclose the confidential information to third parties without the consent
of the other Party in writing. At a minimum, any information designated as
confidential by one of the Parties will be considered as such.
6.3. The confidentiality obligation shall
continue to exist for a period of three (3) years after shall survive the
termination of the User account and/or the Services, regardless of the cause of
the termination of the Agreement.
6.4. The following are not considered to be
information obtained legally from a third party not bound by any
confidentiality obligation or secrecy;
information that a Party already knew before it was provided for the
purposes of this Agreement;
information a Party developed independently without violating this
information that came into the public domain without the doings or
error of the Party receiving the information;
information that must be made public pursuant to a judicial or
The Maffia may also include the User in its customer list and use the User’s
name and trademark for publicity purposes and PR activities.
Article 7 Non-Solicitation
7.1. The User agrees that it will not
actively approach the (i) Freelancers as introduced, by means of, searched or
found through te MaffiaMatch Platform or the Services or (ii) Employees of the Maffia
(including its Freelancers) directly or indirectly involved in the provision of
the Services with the intention of engaging these Employees/Freelancers, other
than through The Maffia for the duration of the MaffiaMatch Platform Conditions
and that this obligation commences as from the start of performance of the
Services and continues until twelve (12) months after the end date of the
Services and/or termination of the collaboration, whichever is later, excepting
where agreed otherwise by the Parties in writing.
7.2. If the User contracts such an Employee/Freelancer or recruits or use the services of any such Employees/Freelancer, whether under an employment relationship, on an independent basis and/or through a company, the User shall pay to the Maffia an amount of 25.000 EUR. This sum shall be payable on the date on which the Employee/Freelancer is first engaged or on which the Employee/Freelancer’s services are first used.
Article 8 Protection of personal privacy (GDPR)
Party must at all times adhere to its respective obligations under applicable
law in regards to the processing of personal data in connection with personal
data that is to be processed pursuant to the MaffiaMatch Platform and the
8.2. The User undertakes in such a case only
to grant access to the personal data that are strictly necessary for the
execution of the Services and/or the use of the MaffiaMatch Platform. The User undertakes
to refrain from granting the Maffia access to personal data, except when the
performance of the Services would be impossible without such access.
the sake of clarity, the Parties acknowledge that the Maffia acts as the party
responsible for the data processing, and the User acts as the controller of the
personal data that must be stored, used or otherwise processed for the Services
and use of the MaffiaMatch Platform, as these terms are defined in the legislation
governing the processing of personal data. The extra measures that the Maffia
must take or have taken in the context of these Services and providing of the
MaffiaMatch Platform, in order to comply with the applicable legislation
regarding the processing of personal data, are exclusively at the expense of
User declares that it has obtained all approvals necessary for the use and
processing of the personal data transferred to the Maffia and/or the
MaffiaMatch Platform for the purposes of the Services, and the User further
warrants that the content, use and/or processing of the Personal Data is not
wrongful and does not violate the rights of third parties.
of personal data of the Maffia as controllerin the context of the operation of
the MaffiaMatch Platform and Services.
Availability of the Platform
9.1. To the maximum extent permitted by law,
the MaffiaMatch Platform is provided on an “as is” basis without any
warranties of any kind. The Maffia makes no representations, warranties or
guarantees of any kind regarding the availability or operation of the
MaffiaMatch Platform or that the MaffiaMatch Platform will be secure,
uninterrupted or free of defects.
9.2. The Maffia shall use reasonable efforts
to make the MaffiaMatch Platform available during business hours on business
days, but the access of the User to the MaffiaMatch Platform may be suspended
or restricted occasionally to allow for maintenance, repairs, upgrades, or the
introduction of new facilities or services. The Maffia will always try to limit
the frequency and duration of any planned disruption, but will not be liable to
the User if for any reason the MaffiaMatch Platform is unavailable at any time
or for any period.
10.1. The liability that the Maffia may incur is
derived from a best effort obligation that in cases of claim must be
appropriately demonstrated by the User.To the maximum extent permitted by law, the
total liability of the Maffia based on attributable failure in the fulfilment
of the Services or the MaffiaMatch Platform is limited to the lowest of the
following amounts (i) the reimbursement of direct damages up to a maximum of
the compensation owed by the User for the specific Services that gave rise to
the damages (excluding VAT) or (ii) 500 EUROS.
10.2. Under no circumstances shall the Maffia be
liable for indirect, incidental or consequential loss, including but not
limited to financial or commercial losses, loss of profit, increase of general
11.1. The descriptive headings are for
convenience only and shall not control or affect the meaning or construction of
any provision of these MaffiaMatch Platform Conditions.
11.2. This latest version of the MaffiaMatch
Platform Conditions replaces and supersedes all prior agreements related to
this subject matter.
11.3. The nullity of any provision or part of a
provision under this MaffiaMatch Platform Conditions will in no way affect the
validity of the remaining portion of the provision or the rest of the
provisions and clauses. By mutual agreement, the Parties will make every effort
to replace the invalid clause with a valid one with the same, or largely the
same, economic impact as the invalid clause had.
11.4. The rights or obligations arising from it
may not be transferred in whole or in part without the express written consent
of both Parties. Without prejudice to the foregoing, the Maffia is at all times
authorised to transfer the rights or obligations derived from this, in whole or
in part, to an affiliated company without requiring the explicit and written
consent of the User.
11.5. A Party cannot be considered to have waived
a right or claim under these MaffiaMatch Platform Conditions or relating to a
default of the other Party excepting where this waiver is made explicitly and
11.6. No employment,
joint venture or partnership shall exist between the User and The Maffia as a
result of the MaffiaMatch Platform Conditions.
Article 12 Disputes
12.1 In the event of disputes concerning the implementation and/or interpretation of the present MaffiaMatch Platform Conditions which cannot be resolved amicably, only the Courts of Antwerp (division Antwerp) will be competent. Any claim of the User relating to the Services provided expires six (6) months after the date on which the User becomes aware or reasonably could have become aware of the damages-causing events giving rise to the claim.