Terms

A.1 This website gives general information about Rising Giants. Nothing on it is an offer. Rights and obligations only arise from a written agreement.

A.2 We do our best to keep the information on this website correct and up to date, but we do not guarantee that it is complete or free of errors. We are not liable for damage resulting from the use of this website, unless caused by our intent or gross negligence.

A.3 This website links to websites of third parties, such as the other names in the Field of Giants ecosystem. We are not responsible for the content or privacy practices of those websites.

A.4 The texts, images, logos and design of this website belong to Direct Impact B.V. or its licensors. You may not copy or reuse them without our written permission.

A.5 How we handle personal data is described in our privacy policy.

A.6 Rising Giants is for people aged 18 and older. If you contact us as talent, you confirm that you are 18 or older.

A.7 Nothing on this website is a job offer, a training contract or a promise of work or pay. Talents work with Rising Giants as independent freelancers. Assignments, rates, training and mentoring are agreed per person in a separate written agreement.

In these general terms and conditions, the following terms have the meanings below, unless the nature or context of a provision says otherwise.

Rising Giants: Direct Impact B.V., trading as Rising Giants, established in Utrecht and registered in the Trade Register under Chamber of Commerce number 67064043.

Client: the natural person acting in the exercise of a profession or business, or the legal entity, with whom Rising Giants has entered into or intends to enter into an Agreement.

Talent: an independent freelancer aged 18 or older whom Rising Giants selects, trains and matches with work for the Client.

Mentor: an experienced professional, from Rooted Giants, from the Field of Giants ecosystem or from the Client, who guides a Talent in the work.

Parties: Rising Giants and the Client together.

Agreement: any agreement between Rising Giants and the Client under which Rising Giants, for a price agreed between the Parties, provides Services to the Client.

Services: selecting, training and matching one or more Talents, individually or as a group, to do work for the Client as independent freelancers, guided by a Mentor. Rising Giants matches Clients with young independent freelancers and guides their growth. It does not sell a result, and it does not lead the Client's project.

In writing: traditional written communication and communication stored on a durable data carrier, such as email.

2.1 These general terms and conditions apply to every offer made by Rising Giants and every Agreement concluded.

2.2 The applicability of any general or differing conditions used by the Client is explicitly rejected.

2.3 Deviations from these general terms and conditions are only valid if agreed in writing. If an explicit written Agreement between the Parties deviates from these general terms and conditions, the explicit written Agreement takes precedence.

2.4 If one or more provisions of these general terms and conditions are void or invalid, the other provisions remain valid. The Parties will then agree on a replacement provision that stays as close as possible to the intent and purpose of the original provision.

3.1 Every offer from Rising Giants is non-binding, even if it includes a deadline for acceptance. Unless stated otherwise, offers are valid for 14 days from the date of issue.

3.2 The Client cannot derive any rights from an offer that contains an apparent error or typo, or that is based on incorrect or incomplete information provided by the Client.

3.3 An offer does not automatically apply to future agreements. Unless these general terms and conditions change, they also apply to later or new agreements between the Parties, without Rising Giants having to provide them again.

3.4 A composite price quotation does not oblige Rising Giants to provide part of the Services for a corresponding part of the price.

3.5 The Agreement is formed through offer and acceptance. The Client accepts by signing the Agreement by one or more persons authorised to represent the Client. If the acceptance deviates from the offer, no Agreement is formed unless Rising Giants confirms in writing that it accepts the deviation.

3.6 If the Client enters into the Agreement on behalf of another natural or legal person, the Client declares that it is authorised to do so. The Client is jointly and severally liable, together with that person, for the obligations arising from the Agreement.

4.1 Rising Giants makes every effort to have the Talent or group start on the date agreed in the Agreement, but this date is never a strict deadline. Rising Giants is only in default after the Client has given written notice of default with a reasonable period to still perform, and Rising Giants has not performed within that period.

4.2 If the start depends on information from the Client, the agreed dates only begin once Rising Giants has received that information.

5.1 Rising Giants carries out the Agreement with Talents who work as independent freelancers, and with Mentors. Talents and Mentors are not employed by Rising Giants, and Rising Giants does not second them to the Client. Articles 7:404, 7:407(2) and 7:409 of the Dutch Civil Code do not apply to the Agreement.

5.2 Rising Giants selects Talents with care, based on motivation, potential and fit. If a Talent becomes unavailable or the match does not work, Rising Giants will, in consultation with the Client, make reasonable efforts to propose a suitable replacement.

5.3 To the extent the law allows, Rising Giants is not liable for damage caused by errors or shortcomings of Talents, Mentors or other third parties engaged for the Agreement.

5.4 These general terms and conditions are also stipulated for the benefit of the Talents, Mentors and other third parties engaged by Rising Giants. They may invoke these terms against the Client, insofar as the rights and obligations are not by their nature reserved for Rising Giants.

5.5 Third parties engaged for the Agreement may seek to limit their liability. Rising Giants is authorised to accept such limitations on behalf of the Client.

6.1 The Client provides, on request and unsolicited, all information reasonably relevant to the Agreement, on time, complete and in the manner Rising Giants asks. The Client guarantees that this information is correct. The Client gives Rising Giants, the Talents and the Mentors all cooperation needed to carry out the Agreement.

6.2 If the work is done at the Client's location or another agreed location, the Client makes the facilities there available free of charge and grants the access to networks and systems that is reasonably needed for the work. The Client provides a safe working environment for the Talent.

6.3 If employees of the Client or third parties engaged by the Client are involved, the Client makes sure they are available on time and give the cooperation needed.

6.4 If the Client does not meet these obligations, or not on time or not properly, Rising Giants may suspend the Agreement and/or charge the Client for the resulting delay or waiting hours.

7.1 Rising Giants performs its Services to the best of its knowledge and ability and in line with good professional practice. Rising Giants only undertakes an obligation of effort in selecting, training and matching Talents. It does not guarantee any result, output or outcome of the work, nor the business or revenue results the Client aims for.

7.2 Rising Giants does not lead the Client's project and does not take responsibility for its planning, scope or result. The Client remains responsible for the goals of the work, for the decisions it makes and for how it uses the work of the Talents. A Mentor guides the Talent's growth in the work. The Mentor does not take over the Client's responsibility for the work or its result.

7.3 Talents work as independent freelancers. Within the assignment they decide how they do the work. The Client does not direct a Talent as it would direct an employee. Practical arrangements per assignment, such as place and availability, are agreed in writing in the Agreement.

8.1 If the Agreement does not end on completion of an assignment but runs until it is terminated (a duration or framework agreement), articles 8.2 and 8.3 apply.

8.2 If a duration or framework agreement is entered into for a specific period, that period is stated in the agreement.

8.3 Unless agreed otherwise, a duration or framework agreement can be terminated in writing with a notice period of 30 days, ending at the end of a month.

9.1 If the Client terminates an Agreement early or does not observe the agreed notice period, Rising Giants may claim compensation for lost revenue and other damage and costs caused by the termination. If that would be unreasonable given the grounds for termination, the Client in any case pays all costs incurred for the Agreement, plus the agreed fee for the Services provided up to the termination.

9.2 By way of exception to 9.1, if a fixed fee was agreed, the Client may cancel free of charge up to and including the 14th day before the start, except for the costs Rising Giants has already made in preparing the assignment plus a reasonable fee for that preparation. If the Client cancels between the 14th and the 7th day before the start, the Client owes 50% of the agreed fee. If the Client cancels later, the Client owes the full agreed fee.

9.3 Cancellation must be in writing. The date on which Rising Giants receives it is the cancellation date.

10.1 Rising Giants is not obliged to fulfil any obligation under the Agreement if and as long as it is prevented by a circumstance that is not its fault and does not come at its expense under the law, a legal act or generally accepted views.

10.2 If force majeure permanently prevents performance, both Parties may terminate the Agreement with immediate effect.

10.3 If Rising Giants has already partly performed when force majeure starts, or can only partly perform, it may invoice that part separately as if it were a separate agreement.

10.4 Damage suffered by the Client as a result of force majeure is never eligible for compensation.

11.1 Rising Giants may suspend the Agreement or terminate it in whole or in part with immediate effect if the Client does not meet its obligations, or not on time or not in full, or if circumstances that come to Rising Giants' attention after the Agreement give good reason to fear the Client will not meet its obligations.

11.2 If the Client is declared bankrupt, if its assets are attached, if (provisional) suspension of payments is requested, or if the Client can otherwise no longer freely dispose of its assets, Rising Giants may terminate the Agreement immediately, unless the Client has provided sufficient security.

11.3 Rising Giants may also terminate the Agreement if circumstances make performance impossible or if maintaining the Agreement unchanged cannot reasonably be required.

11.4 The Client is never entitled to compensation because Rising Giants uses its right of suspension or termination under this article.

11.5 To the extent attributable to the Client, the Client compensates Rising Giants for the damage caused by the suspension or termination.

11.6 If Rising Giants terminates the Agreement under this article, all its claims against the Client become immediately due.

12.1 In its offer, Rising Giants states the price as accurately as possible, for example an hourly or day rate per Talent, a fixed amount, or a periodic fee in a duration or framework agreement, plus any travel and accommodation costs.

12.2 All amounts are exclusive of VAT unless stated otherwise.

12.3 If Services are offered based on an estimate, the actual hours worked or costs incurred are charged.

12.4 Rising Giants may pass on price increases of cost factors that occur after the Agreement is made.

12.5 If the Agreement runs longer than one month, Rising Giants may invoice monthly.

12.6 For a fixed amount, Rising Giants may always ask for full or partial payment in advance.

12.7 Rising Giants is not obliged to continue the Agreement as long as the Client has not met its payment obligations.

12.8 The Client pays without setting off any disputed claim against Rising Giants.

12.9 The Client pays by bank transfer within the period stated on the invoice.

12.10 Rising Giants may send invoices by email only.

12.11 In the event of liquidation, bankruptcy or (provisional) suspension of payments of the Client, all claims become immediately due.

12.12 If the Client pays late, it is in default by operation of law. From that day, interest of 1% per month is due on the outstanding amount, with part of a month counted as a full month.

12.13 All judicial and extrajudicial costs of collecting amounts owed by the Client are for the Client's account.

13.1 Rising Giants is not liable for damage caused by incorrect or incomplete information from the Client, by any other breach of the Client's obligations, or by any other circumstance not attributable to Rising Giants.

13.2 Except in cases of intent or gross negligence, Rising Giants is not liable for acts or omissions of the Client, the Talents, the Mentors or third parties, nor for the result of the work done by the Talents.

13.3 Rising Giants is never liable for indirect damage, including lost profit and business interruption. It is only liable for direct damage caused by an attributable shortcoming in its own Services.

13.4 If Rising Giants is liable, it may always repair the damage. The Client must give it the opportunity to do so; otherwise the liability lapses.

13.5 The liability of Rising Giants is always limited to the invoice value of the Agreement, or the part of it to which the liability relates, with a maximum of €10,000 per event. A series of related events counts as one event. If the Agreement runs longer than six months, the invoice value of the last six months applies.

13.6 Any claim against Rising Giants lapses one year after the Client became aware, or could reasonably have become aware, of it.

13.7 The Client indemnifies Rising Giants against claims of third parties who suffer damage in connection with the Agreement where the cause lies in factors not attributable to Rising Giants. The Client then assists Rising Giants in and out of court. If the Client does not take adequate measures, Rising Giants may do so itself, at the Client's cost and risk.

14.1 Rising Giants keeps confidential all confidential information it receives from the Client, such as business data, and asks the same of the Talents and Mentors it works with. The Client, its staff and third parties it engages keep confidential all confidential information that comes from Rising Giants.

14.2 Information is confidential if a Party has said so or if its nature makes this clear.

14.3 The Parties only use confidential information for the purpose for which it was provided.

14.4 These obligations do not apply if a Party is legally required or ordered by a court to disclose information. The other Party may then not terminate the Agreement or claim damages for that reason.

14.5 Rising Giants may use knowledge gained during the Agreement for other purposes, as long as no confidential information about the Client or the people involved is disclosed.

15.1 Rising Giants keeps all intellectual property rights to its own methods, documents and materials, such as profiles, proposals, training materials and selection methods, regardless of any contribution by the Client.

15.2 The Client may only use these materials for its own purposes and within the purpose of the Agreement, and may not make them available to third parties.

15.3 Intellectual property in work created by Talents for the Client is agreed in the Agreement.

16.1 All Agreements and legal relationships between the Parties are governed exclusively by Dutch law. The Parties first make every effort to resolve a dispute amicably. The court of Midden-Nederland, location Utrecht, has exclusive jurisdiction.

16.2 These general terms and conditions are written in English. If a translation exists and the versions differ, the English version prevails.