HelloMaas Terms of Service

Updated: 17 February 2021

Please read these terms of service carefully before using the services Please read these terms of service carefully before using the services offered by Marketing As A Service B.V. (“HelloMaaS”, “us”, “we”). These terms (this “Agreement”) set forth the terms and conditions of our relationship and govern your use of the hellomaas.com website (the “Platform”) and the services, features, content, and applications offered by HelloMaaS, including those which enable you to provide, seek, and obtain advice, services, and online information and content related to marketing, and any other services provided by HelloMaaS (collectively, the “Services”).

The HelloMaaS Platform and Services

The Platform and the Services may enable businesses (“Client” or “Clients”) to seek advice, consulting services and marketing work execution directly from independent third party professionals (“Freelance Marketers”), including, but not limited to, the provision of marketing plans, execution, operations and other deliverables, work products, and advice (collectively, “Marketing Services”).

Freelance Marketers can find new projects and work on an hourly or day rate basis via HelloMaaS. They can deliver fixed price marketing packages and be part of a Flex Team.  

HelloMaaS will match Clients with Freelance Marketers and provide additional services to both Clients and Freelancers. The HelloMaaS Service and Platform offer tools and products to enhance Clients and Freelancers collaboration which are free to use. Professional conduct on the Platform, in adherence to our Terms of Service, is required.

Overview of our Service

HelloMaaS offers features and tools on our Platform, where Clients can discover Marketing Packages, consult our Marketing Playbook Tool, use our Flex Team Module and Team Happiness Tracker.  HelloMaaS offers a marketplace service in our Platform allowing Clients and Freelancers to connect, communicate, buy, sell, transact and deliver Marketing Services. 

HelloMaaS is not a marketing agency nor a recruiter. We are a marketplace and platform services that helps and guides companies with Marketing Services of which some are executed by Freelance Marketers.

The Relationship between Clients, Freelancers and HelloMaaS

You understand that HelloMaaS will vet and recommend Marketing Freelancers and our platform offers a suite of tools to manage the selection, collaboration, contracting and payments of Marketing Freelancers that are mandatory to use in the relationship between Marketing Freelancers and Clients. 

You understand that the day-to-day management or scope of work by HelloMaaS is dependent on the Subscription Service the Client chooses. We refer to our pricing page for more information. Every Client contract includes a Subscription with a specific scope of services and responsibilities for HelloMaaS. 

You understand that Marketing Freelancers are neither employees, nor agents, nor representatives of HelloMaaS. No agency relationship, partnership or employment relationship exists between HelloMaaS, Clients and Freelancers or can be construed by these Terms and usage of the Platform and Services. 

You understand that any execution of Marketing Services obtained through the Platform and/or Services are not provided by HelloMaaS, but are provided by Freelancers directly. 

Both Client and Freelancer understand and agree that they are solely responsible for a collaborative and professional collaboration after HelloMaaS Team and Platform provided a connection and/or introduction. You understand that HelloMaaS does monitor and coach but not supervise, train, or manage Marketing Freelancers.

Confidentiality

Freelancers and Clients may discuss and exchange confidential or sensitive information with each other and with HelloMaaS. Neither HelloMaaS, nor the Platform or the Services, provides advice to you as to when, to whom, and how you disclose or choose not to disclose any such information. 

We strongly recommend that Freelancers and Clients enter into a non disclosure agreement directly requiring the other party to maintain the confidentiality of all non-public business information that may be disclosed in the process and performance of a Transaction. HelloMaaS can provide templates if needed.

Terms Applicable to Freelancers

You understand and agree that HelloMaaS provides a Platform and Marketplace with the objective to connect Client and Freelancers. When you sign up for HelloMaaS you agree to provide a truthful, accurate and up-to-date profile and that you will respond via platform messages. 

You understand and agree that the purpose of your profile is strictly professional and will conduct your behavior accordingly on the Platform, in meetings and when providing any Marketing Services via HelloMaaS. When unprofessional behavior occurs you will receive a formal warning. If unprofessional behavior continues we have the right to terminate your contract and bar you from the Platform.

Billings on hourly rate 

You can provide Marketing Services via HelloMaaS based on an hourly rate when working on Client projects. HelloMaaS will consult with you on your rate and we will negotiate upon your behalf with the Client. Once we agree upon project scope, your role, responsibilities, hour allocation, fee and duration you will receive a contract via our platform to sign off. Your contract is with HelloMaaS. 

You understand and agree to keep an honest track on hours worked via our Platform and will submit an invoice at the end of the month to HelloMaaS based on hours worked. We will bill Client in one invoice at the end of each month for all services rendered. 

Marketing Freelancer will only invoice HelloMaaS not Clients. We will invoice the Client with a 30 day payment term. Once the client pays their HelloMaaS invoice, we will pay your related invoice instantly.

HelloMaaS will take care of the billing, and if needed take collection action of all work rendered by Freelancers. 

Billings on fixed price packages 

HelloMaaS took great effort and diligence to create Marketing Packages, often involving Marketing Freelancers for input and feedback. When you would like to provide Services via fixed price packages you agree and commit to the scope and deliverables in the Package contract. 

You can invoice 50% of a package fee at the start of the work to HelloMaaS. We will invoice the Client with a 30 day payment term. Once the client pays their HelloMaaS invoice, we will pay your related invoice instantly. In case you get requests for additional scope or deliverables you will contact HelloMaaS. We will discuss this matter with you and the Client directly to decide on a budget increase or a scope reduction. 

Once the project is delivered you can invoice the other 50% of the fixed price package fee. 

HelloMaaS will take care of the billing of Marketing Packages to the client, and if needed collection action of invoices. 

Client relationship 

You understand and agree that when you work via HelloMaaS for our clients you will not engage in direct contracts or assignments within 12 months after introduction. If you decide to do this, you are in breach of our contract. HelloMaaS reserves the right to charge Marketing Freelancer a fee of €2000 if you work directly with a Client who was originally referred via HelloMaaS in said period. 

Changes in your projects and packages 

You understand and agree that HelloMaas holds the Client relationship. Any communications and agreements that are an addendum, extension or alteration on your current contract will be managed via the HelloMaaS team or platform. If you see the need to change your contract, scope, rate, or work more for a Client, you will reach out to our HelloMaaS team. We will connect with the Client to organize for you. 

Reputation and reference

HelloMaaS offers various tools to improve Marketing Freelancer credibility. 

Our proprietary Happiness Tracker is an online team review to track progress, speed and collaboration between Marketing Freelancers, Client and potentially other team members. The outcome is a team happiness rating that allows you to learn and course correct when needed. Your personal data and ratings are not disclosed to others. The average team Happiness rating across all your HelloMaaS projects will be shown on your profile so future Clients can get an understanding of team collaboration. 

After projects we might ask Clients to approve of Case Studies. We will reach out to Marketing Freelancers for input and a quote. Then we will ask the Client for feedback and a quote. After Client approval we will publish the Case Study on HelloMaaS featuring Marketing Freelancer. You understand and agree that HelloMaaS takes care of this process and that mentioning Clients will be done via Case Study or in lieu of any, via HelloMaaS. 

Our rating and reviews feature will be introduced in Q2 – 2021.

Terms Applicable to Clients

Fee Structure 

Your account on HelloMaaS is free. Once you decide to buy Marketing Services you understand that HelloMaaS works with a Subscription Plan. Marketing Services can be bought based on an Hourly Rate or Fixed Price. We offer a Post a Project option for first time users that requires only a one-time only fixed fee. 

Fixed Fee Services 

Buy a Package- HelloMaaS offers Clients turn-key marketing services via fixed price packages. HelloMaaS created a step by step plan for 30+ marketing channels and activities. We invite freelancers with proven skills to deliver these packages. Fixed Fee Services involve fixed-priced invoicing, and for which the Client agrees upfront to a fixed payment. The Fixed Fee will be paid 50% upfront and 50% after delivery of a once-off project. 

Post a project – HelloMaaS offers a service to help Clients create and manage the Posting of a Project. Clients can opt-in for this service when they fill out the Brief to Post a Project on the Platform. This will result automatically in a one-time charge of a fixed fee. HelloMaaS will take care of the invitation and selection of the right Marketing Freelancers and prepare a call to introduce the best 2-3 candidates. This option is only available for first time users. 

Flexible Fee Services 

Freelancers can be hired for ad hoc or ongoing projects at an hourly or day rate via HelloMaaS. The Fee consists of the hourly rate that is benchmarked. Each contract with a Freelance requires a HelloMaaS subscription. Flexible Fee Services will be calculated and charged at the end of each month based on hours worked. HelloMaaS will invoice Clients at the beginning of each month for the hours worked during the month prior. Invoices are subject to a 30 day payment term.

Marketing Freelancers 

Clients understand and agree that although HelloMaaS may undertake research and verification of Marketing Freelancers using the Platform and/or Services, HelloMaaS does not and cannot provide any guarantee regarding the qualifications, expertise, experience, training, or general work history and background of any Marketing Freelancers. 

Subscription

The HelloMaaS platform is free to use for Clients and Marketing Freelancers. We charge a Subscription Fee to Clients once you decide to work with HelloMaaS. The minimum duration of a subscription is three months. After that, Clients can cancel their subscription monthly at the end of each month. If Client doesn’t cancel their subscription it will continue and be charged each month. 

HelloMaaS reserves the right to update fee structures and matchmaking fees, and will inform Clients and Freelancers via the Platform with a reasonable notice period. 

Client <> Marketing Freelancer relationship

You understand and agree that all contractual matters related to hiring Marketing Freelancers referred to you via HelloMaaS run via our Platform and Team. When you decide to work directly with Marketing Freelancers introduced to you via HelloMaaS within the period of 12 months after the introduction HelloMaaS reserves the right to charge Client a fee of €3000 per introduction. 

Payment methods 

Payment Methods currently include online payments through Stripe for credit/debit card and IDEAL payments. We offer invoicing via HelloMaaS, but only for clients that can’t use Stripe as a payment method. HelloMaaS reserves the right to change and expand its payment options. 

You agree and ensure that a valid Payment Method needs to be provided in your HelloMaaS account. You ensure that at all times all credit card, bank account, and other payment information supplied by you is accurate, correct and kept updated. You are fully authorized to make payment or receive payment in connection with a Transaction. 

Our subscription plan will charge the Payment Method you specify at the time of signing up and will be processed by a third-party payment processor. All payments made through Stripe are subject to the Payment Facilitator’s terms and conditions. Stripe’s terms are available at https://stripe.com/us/legal. 

Cancellations and disputes 

HelloMaaS does not guarantee the quality or delivery of any work or services provided to Clients by Freelancers. In the case a dispute arises between users on the Platform, Client and Marketer agree to negotiate in good faith to resolve any dispute. 

When a Client purchases at Business Class or Private Jet subscription HelloMaaS will act as a mediator. If HelloMaaS mediates a dispute, HelloMaaS’s decision shall be final. The maximum refund that may be awarded to a Client is 50% of the full amount of the fee for the portion of the Transaction which is disputed. 

Any fee or invoice in connection with a Transaction must be disputed by a Client within fourteen (14) days after the disputed Marketing Services have been delivered to Client. Once Marketing Freelancer and Client have resolved the dispute, the Client and/or Marketer shall adjust the fee or invoice accordingly via the Platform and/or Services. 

If Client and Marketer are unable to resolve a dispute within fourteen (14) days after Client notifies Marketer of the disputed Transaction, then Client shall be responsible for payment of the full amount of the Marketer’s original fee or invoice. 

Premature contract cancelation 

Clients and Freelancers may cancel a Project or Contract with a 15-day grace/transition period.

It is your responsibility to communicate directly with HelloMaaS via the Platform and Team with a reason for cancelation. HelloMaaS will liaise with Client and Freelancer for a replacement Marketing Freelancer or other solution. 

Client shall pay for Marketer Services rendered by the Marketing Freelancer up until the effective cancellation date. For fixed price Marketing Packages, the Client shall pay a pro rata amount of the Transaction fee based on the start and end date of the Marketing Package

HelloMaaS subscriptions can be canceled after 90 days on a rolling 30 day basis. 

Governing law

This Agreement shall be interpreted and construed in accordance with the laws of the Netherlands, without regard to any conflict of laws principles. Each party consents to the exclusive jurisdiction of the Dutch courts for the purpose of hearing and deciding any and all disputes, claims and controversies arising out of and relating to this Agreement. The prevailing party in any such action or proceeding shall be awarded all the costs and fees incurred by it reasonably related to, including the fees of its attorneys.

HelloMaaS is operating via Marketing as a Service B.V. – Prinsengracht 669, 1017 JT, Amsterdam – Bank account NL15 INGB 0008 5812 43 – Tax ID: NL 858412895B01 – KvK 70663297