CashOut app terms of use for employees

1. General

Good to know in advance

In order to make optimal use of the CashOut app, we have drawn up a number of terms and conditions that help you understand how the CashOut app works and what your rights and obligations are. By using the CashOut app, you agree to this. We may change the terms at any time. Should this happen, the latest terms and conditions will always be available via the app or via the website www.cashout.nl. In any case, you will be notified of a change in the terms and conditions. If you use the CashOut app again after a change in the terms, you automatically agree to the new terms.

In addition, we would also like to point out that if you pay yourself wages via the CashOut app, this is about paying provisional salary. If it turns out afterwards that too much salary has been paid, your Employer can withdraw the overpaid salary. Details about this will follow later in these terms and conditions.

Definitions

CashOut: The organization behind the CashOut app and the user of these terms of use;

CashOut app: The CashOut application that you use to get part of your already earned salary paid prematurely;

Employer: your employer that employs you.

2. Your CashOut Account

Information about your hours, balance, and payouts

In the CashOut app, you will find information about your number of hours worked and registered, your outstanding balance and an overview of all payouts that you have previously made via the CashOut app. It's up to you to regularly check that all information in the CashOut app is correct. Is the information incorrect? Then let us know about this as soon as possible. If you do not do this, we will assume that the information is correct.

Information in the CashOut app may differ or lag behind the information that is actually on your account at that time. We are not responsible for this. We may change different or outdated information at any time.

Account

To use the CashOut app, you need an account and you must be invited by your Employer to create an account. Your account is personal and can only be used by you. Your account is non-transferable.

• The information you provide and complete when creating your account must be accurate and up to date. You are responsible for this yourself. So make sure you let us know as soon as possible if anything changes in your contact details, such as your email address, phone number, or bank account number. Are you not giving changes to your details or reporting them too late? Then we are not responsible for the consequences. Depending on the circumstances of the case, we may even terminate the agreement with you.
• You are not allowed to create an account in someone else's name. It is also not allowed to link the bank account of someone other than yourself to your own account.
• By accepting these terms, you guarantee that you are sixteen (16) years of age or older, or have your parents' permission to create an account.
• If you violate these terms, or if we receive complaints from your Employer about your use of the CashOut app, we are entitled to stop using your CashOut app account. If we have suffered damage as a result of your actions, we can recover this damage from you.
• CashOut may set additional security conditions for the use of the CashOut app, such as 2-factor authentication, the use of a token, etc.

Safe use

We do our utmost to ensure safe use of the CashOut app and to secure our environment as well as possible, but we cannot do this without your help. You are responsible for keeping your login details confidential. It is not allowed to provide this information to anyone else. CashOut employees will never ask for your login details. If you suspect that your login details have ended up in the hands of unauthorized persons, you are obliged to inform us immediately and change your password. We are not liable for damage resulting from unauthorized access to your CashOut app account by third parties.

Make sure your phone is secure and your operating system is up to date. We update the CashOut app regularly, and you may also need to do an update yourself to be able to enter

Fair use

As a user, we ask you to use the CashOut app in a reasonable way. This includes, among other things, that you do not knowingly expose the CashOut app to viruses, trackers, Trojan horses, malware or otherwise. You may also not use the CashOut app to facilitate such malicious software.

Cancelling your agreement

You can terminate the agreement with CashOut at any time via the app by discontinuing use of the CashOut app.

CashOut can terminate the agreement for a good reason by cancelling it, for example because you do not comply with the rules of these terms of use. If we decide to do so, we will let you know by email.

3. Your details

Personal Data

Personal data is data that can be directly traced back to you as a person. When you use the CashOut app, you share certain information with us. Examples include your name, phone number, email address, and bank account number. We collect this information so that we can register you and fulfill the agreement we have with you as fully as possible. We will treat all confidential personal data that we receive confidentially. This obligation of confidentiality continues even if the agreement with you is terminated, for whatever reason.

Privacy

We strive to process as little personal data as possible about you. The privacy statement on www.cashout.nl describes how we handle your personal data. We are allowed to hold information about access to the app via the Internet (such as IP addresses), devices used, software, and sessions with our systems. We can use this information to improve the security of our services.

4. Time registration

What are hours worked?

Hours worked are hours during which you have performed work of any kind for your Employer. You will need to coordinate the exact hours you work, and the number of hours you work, with your Employer. The hours worked consist of the actual number of hours worked, so no rights can be derived from only your scheduled hours.

Registering the hours

After the end of your shift, it is possible to register your actual number of hours worked in the app. You are responsible for recording the hours correctly. It is possible to enter the hours worked immediately after the end of your shift. Only approved hours are added to your balance in the CashOut app.

Make changes

It is possible to change your number of registered hours worked afterwards. Please note that if you change hours that have already been unfairly paid to you, your Employer reserves the right to recover the overpaid salary. If you make a change in your number of hours worked that would entitle you to more salary than already paid, you can have it paid out directly in the CashOut app. In such cases, too, this involves a payment of provisional salary, and your Employer reserves the right to check your number of registered hours and, if necessary, correct it.

5. Payouts

Method of payment

You can have a percentage of your registered number of hours worked and approved by your Employer at any time paid out via the CashOut app. You can choose how much of your outstanding balance you want to cash out. We will transfer the amount you have withdrawn directly to your bank account, subject to special circumstances to be determined by us. In most cases, the amount paid out will appear in your bank account immediately. We are not responsible if the amount paid out by us is not directly credited to your bank account.

6. Price

Interim payouts costs

If you choose to have your worked hours paid out in the meantime, this will incur a transaction fee. These costs are automatically deducted from the amount you receive. The amount of these transaction costs is determined by the agreements with your Employer.

7. Checking time registration

Method of control

If you register hours in the CashOut app, your Employer will check your registered number of hours worked via the CashOut app. To do this, we provide your Employer with access to the hours you have registered in the CashOut app. It is the responsibility of your Employer to also independently keep track of your actual number of hours worked. At the end of the remuneration period, your Employer will compare the hours you have registered in the CashOut app with your actual number of hours worked, which they have kept track of themselves.

Does the number of hours you have registered match the number of hours that your Employer has kept track of? Then your Employer will confirm that the number of hours you have entered in the CashOut app has been entered correctly. This means that the salary you may or may not have paid yourself during that remuneration period no longer has to be seen as a provisional salary, but that this is the final salary for that remuneration period.

Corrections

If the number of hours you have registered exceeds the number of hours that your Employer has kept, your Employer has the right to deduct the difference between them from your outstanding balance. If you have already paid (part of) the overpaid salary to yourself via the CashOut app during that remuneration period, your Employer can deduct this overpayment from your salary for the next remuneration period. If, after the end of the last remuneration period that you were employed by that Employer, your Employer makes a correction to your number of hours worked, your Employer can recover any overpaid salary from you over that period.

8. Application

CashOut strives for the most stable application possible, with the highest possible uptime and a streamlined user experience. However, it cannot guarantee that the Cashout app is online at all times, works stably, is accessible and works smoothly. For this, she also depends on third parties, such as your internet provider. In addition, the CashOut app must remain up to date and maintenance can take place on the application that ensures that the CashOut app is not accessible. For example, the CashOut app can also have bugs that make the application less stable or disrupt the user experience, or be attacked by a cyber attack. In all cases, CashOut does its best to ensure that you are bothered by such things as little as possible, but she cannot give any guarantees. It depends on your Employer exactly which facilities of the CashOut app you can use, and how you can make use of them.

9. Support

If there is a problem with the CashOut app, you can visit the help page on the website to get the answer to your question. Check this out www.cashout.nl.

10. Liability

CashOut's total liability towards employees who use the CashOut app, due to attributable shortcomings in the fulfillment of the agreement, including unlawful acts on the part of CashOut, our employees or third parties engaged by us, with the exception of damage resulting from intent or deliberate recklessness on the part of our company management, is limited to compensation for direct damage.

In addition, CashOut is not liable if, after checking and correcting the hours by the Employer, it appears that you have been paid less than what you would have been entitled to. There is no way you can recover the underreceived salary on CashOut. In addition, CashOut is not liable for damage that you suffer due to third-party errors such as payment and settlement systems, failures in the CashOut app, failures in payment and settlement systems, and measures that we take based on new or changed regulations or special circumstances.

The data that CashOut processes is based on preliminary and not finally established data, for example with regard to your hours worked. As a result, CashOut is therefore not liable for the accuracy or completeness of this information.

CashOut does not back up all data in its systems. By using the CashOut app, you therefore accept the risk that in special cases data can no longer be requested by you. CashOut is not liable for any (tax) consequences thereof.

11. Intellectual Property Rights

All intellectual property rights relating to CashOut are owned by us. As a user, you receive a limited, personal, revocable, non-exclusive and non-transferable right to access and use the CashOut app for non-commercial purposes only. It is not allowed to take actions that infringe CashOut's intellectual property rights, such as registering domain names or brands that look or are identical to any object to which CashOut has intellectual property rights, developing software similar to the CashOut app, or downloading, copying, modifying or disclosing the CashOut app for purposes other than those specified in these terms and conditions.

12. Applicable law

These terms and conditions and the use of the CashOut app are governed by Dutch law. Disputes will be submitted to the competent court in the district of Gelderland, Arnhem location.

CashOut app B2B terms of use for customers other than formal employers

Article 1. Definitions

a. Account: a personal access right to a user interface that allows the Customer and its Staff to use, manage and configure the Application.

b. Application: the application called CashOut, which offers the Customer's Staff the opportunity to receive (part of) their salary and all related CashOut services and tools at any time.

c. CashOut: the user of these terms and conditions, the private company with limited liability CashOut B.V., with its registered office in Nijmegen and with its registered office in (6511 PN) Nijmegen at Arsenaalpoort 16, registered in the trade register of the Chamber of Commerce under number 86896830.

d. Terms of Use: these Terms of Use.

e. Intellectual Property: all intellectual property rights and related rights, including but not limited to copyrights, database rights, domain name rights, trade name rights, rights to know-how, trademark rights, model rights, related rights and patent rights.

f. Customer: any legal or natural person, other than a formal employer, acting in the exercise of a profession or business that uses the Application by allowing its Staff to use the Application to receive salary at any time after work has been performed.

g. Staff: the persons who perform work for the Customer and who are associated with it in any way, for example but not exclusively by means of a secondment agreement, payroll or temporary employment structure, or assignment agreement.

Article 2. Applicability

2.1 These Terms of Use apply to any use of the Application by the Customer and to all resulting or related agreements and/or legal relationships between CashOut and Customer, unless otherwise expressly agreed between the parties.

2.2 The nullity or annulment of one or more provisions of these Terms of Use does not preclude the applicability of the other provisions. In that case, CashOut and the Customer will consult to replace invalid or nullified provisions with provisions that are as close as possible to the purpose and scope of the void or annulled provision.

Article 3. Access to the Application

3.1. In order to access the Application, an Account is created for the Customer and its Staff. In consultation with the Customer, its Staff is invited to register so that they can use the Application.

3.2 The Customer guarantees to CashOut that the information provided directly or indirectly to CashOut when creating his Account is complete, current and accurate. The Customer is expressly not allowed to create an account in someone else's name.

3.3 The Customer is responsible for the use of his Account, as well as for keeping his password confidential and using it. CashOut may assume that the Customer is actually the one who logs in with his login details. As soon as the Customer knows or has reason to suspect that login details have come into the hands of unauthorized persons, Customer must inform CashOut, without prejudice to its own obligation to take effective measures immediately, such as changing its login details. CashOut is not liable for any damage resulting from the improper or improper use of the password by third parties.

3.4 The Customer is not allowed to share her login details with others.

3.5 CashOut is entitled to immediately deny Customer access to the Application and block the Account if Customer does not comply with the provisions of these Terms of Use or if Customer attacks CashOut in any way in its honor or good name.

3.6 CashOut reserves the right to change the Customer's login procedure and/or login details, if it deems this necessary in the interest of the functioning of the Application.

3.7 CashOut backs up the data processed with the Application. In its opinion, the backups are kept by CashOut for a reasonable period of time and, at its discretion, can be made available to the Customer at the Customer's request.

Article 4. Use of the Application

4.1 The Application may only be used by Customer in accordance with these Terms of Use.

4.2 Customer undertakes to use the Application only for the purpose for which the Application was developed and Customer will use and/or use the Application at all times in accordance with the accompanying documentation.

4.3 The Customer is responsible for the correct use and application of the Application in its organization and adequate system management.

4.4 CashOut is entitled to investigate whether Customer uses the Application in a manner that complies with these Terms of Use. The customer undertakes to cooperate in such an investigation free of charge at all times.

4.5 CashOut is entitled to use the data that the Customer stores within the Application for commercial purposes, except as far as personal data is concerned.

4.6 The Customer acknowledges that CashOut only offers an Application that enables its Staff to receive (part of) their salary in the interim at any time, after they have performed work for the Customer. CashOut has no knowledge of and/or interference with any agreement between Customer and its Staff and the accuracy of the information provided directly or indirectly by Customer for the use of the Application, including, but not limited to, time registration, salary and other Personnel Data. CashOut is therefore not responsible for any decision made based on information in the Application. The Customer is responsible and liable for all actions that the Customer and its Staff perform with the help of the Application.

4.7 The Customer is not allowed to use and/or transfer the Application to third parties without the express written consent of CashOut.

4.8 The Customer is responsible for the correctness and completeness of the information provided directly or indirectly, as well as for the adjustment and/or addition of that information if it is no longer correct. The Customer acknowledges and understands that the accuracy, topicality and completeness of the information provided is very important for the optimal functioning of the Application.

Article 5. Application Availability

5.1 CashOut does not guarantee that the Application will be available at all times and will function flawlessly and without interruptions. CashOut is in no way liable or liable to pay damages to the Customer for any damage resulting from or resulting from the (temporary) unavailability or (interim) failure of the Application.

5.2 CashOut reserves the right to disable the Application in whole or in part and/or restrict its use when necessary for maintenance or adjustments.

5.3 CashOut is entitled to make procedural and technical changes and/or improvements to the Application without prior notice.

5.4 CashOut is entitled to change and/or modify the Application at any time, without being liable or liable to the Customer in any way.

5.5 If the Customer notices a defect in the Application, it must report this to CashOut as soon as possible.

Article 6. Invoicing and payment

6.1 CashOut, if agreed, will charge the Customer an amount for the use of the Application by means of an invoice to the Customer in a manner to be determined by CashOut. The pricing will be communicated to the Customer in advance. Customer will pay invoices within the period specified on the invoice.

6.2 If the Customer is of the opinion that the invoice is incorrect, it must inform CashOut as soon as possible, no later than 14 days after the invoice date. If the Customer objects to (the amount of) an invoice, this does not suspend its payment obligation.

6.3 If the Customer does not pay the amounts due within the agreed period, the Customer will owe statutory commercial interest or an interest of 1.5% on the invoice amount (with part of a month considered to be a whole month), depending on which of the aforementioned interest is higher at the time of default. The customer must pay the amount due to CashOut on a monthly basis.

6.4 If the Customer fails to pay the amounts due, CashOut can transfer the relevant claims to third parties for collection. In addition to payment of the total amount due, the customer is obliged to pay (in) direct compensation, including extrajudicial and judicial costs.

6.5 Payment of invoices by the Customer will take place at all times without settlement or suspension for any reason.

Article 7. Intellectual Property Rights

7.1 The Intellectual Property with regard to the Application is owned by CashOut Holding B.V. or, if applicable, with its licensor (s) and/or supplier (s).

7.2 Customer only obtains the rights of use granted in these Terms of Use. The Customer is not allowed to take over, reproduce or otherwise make public the Application, except for the purpose for which the Application was made available to the Customer.

7.3 Customer is not allowed to remove, obscure, hide or change any Intellectual Property notices or mentions from the Application.

7.4 Nothing in these Terms of Use is intended to transfer any Intellectual Property Right to the Customer. Customer will not take any actions that could infringe CashOut's Intellectual Property, such as registering domain names or brands that look or are identical to any object on which CashOut has Intellectual Property.

Article 8. Privacy

8.1 When creating an Account and using the Application, Customer provides personal data to Cashout. This personal data will be stored and processed in accordance with CashOut's privacy statement and applicable laws and regulations. The most recent version of CashOut's privacy statement is on the website (www.cashout.nl) published.

Article 9. Guarantees & liability

9.1 Customer acknowledges that CashOut only offers the Application to which CashOut gives Customer access, but that CashOut itself is in no way involved in the relationship between Customer and its Staff.

9.2 CashOut is not liable for damage resulting from the Customer providing incorrect, incomplete or unreliable information or data via the Application. CashOut is not liable for tax and/or employment law aspects, including correct payment of wages by Customer to its Staff, and risks of agreements concluded between Customer and Staff. The customer therefore fully indemnifies CashOut in this regard. Any incorrect wage payments must be resolved by the Customer with Staff.

9.3 CashOut is not liable for damage as a result of (i) a shortcoming against the Customer, whether attributable or not, or for damage as a result of (ii) an unlawful act against the Customer, unless the damage in question was caused by intent or deliberate recklessness on the part of CashOut's management or managerial subordinates.

9.4 Under no circumstances is CashOut liable for any business, consequential and/or indirect damage suffered by the Customer, including, but not limited to, loss of profit and turnover, goodwill and immaterial damage.

9.5 CashOut's liability is in all cases limited to the net invoice value of the processing of the relevant advances due to or in connection with which damage was caused or, if the damage is covered by any insurance provided by CashOut, to a maximum of the amount that is paid out under the liability insurance (s) it has taken out in the relevant case.

9.6 The limitations of liability described in the previous paragraph do not apply in the event of intent or deliberate recklessness on the part of CashOut.

9.7 CashOut is not liable for any shortcoming and/or unlawful actions by third parties engaged by it.

9.8 The Customer must report the damage it has suffered in writing to CashOut as soon as possible but no later than two weeks after it occurs or becomes known. Damage that is not reported within this period is not eligible for compensation.

9.9 In any case, any claim by the Customer against CashOut (except that expressly accepted by CashOut) expires only 12 months after its occurrence.

9.10 The Customer indemnifies CashOut against any third-party claims as a (direct or indirect) result of the use of the Application. The customer hereby waives any right of recourse against CashOut.

Article 10. Security

10.1 The Application is provided with a form of information security. CashOut does not guarantee that information security is effective under all circumstances. The security will meet a level that is not unreasonable, given the state of the art, the sensitivity of the data and the costs associated with taking security.

10.2 The Customer is responsible for providing the systems on which it uses the Application with adequate security and anti-virus software.

Article 11. Complaints procedure

11.1 Complaints related to CashOut's services must be made known to CashOut without delay via the contact form, by e-mail or in writing.

11.2 CashOut will confirm receipt of the complaint and will respond to the complaint within two weeks. If a complaint requires a foreseeable longer response time, CashOut will send a message of receipt of the complaint to the Customer within the said period. This message also includes an indication of the period during which the Customer can expect a more detailed message.

11.3 Under no circumstances does any complaint as referred to in this article entitle the Customer to suspend its obligation under any agreement.

Article 12 Force majeure

12.1 If CashOut is temporarily unable to fulfill its agreements due to force majeure, it is authorized to suspend their execution in whole or in part as long as the force majeure continues.

12.2 Force majeure includes employee illness and/or absence of employees crucial to the delivery of the Application, interruptions in the supply of electricity, strikes, government measures, fire, natural disasters, floods, shortcomings of CashOut's suppliers, shortcomings of third parties engaged by CashOut, Internet connection failures, hardware failures, failures in (telecommunications) networks, wars, epidemics and/or other unforeseen circumstances.

12.3 If the force majeure continues for at least 30 days, both parties are entitled to terminate the agreement without being obliged to pay compensation for any damage related to this termination.

Article 13. Changing the terms of use

13.1 CashOut reserves the right to unilaterally change these Terms of Use.

13.2 In the event of amended terms, the new terms of use apply immediately to all current and new registrations and agreements with the Customer.

13.3 The most recent version of the Terms of Use can be found at all times on the CashOut website (www.cashout.nl).

13.4 CashOut is entitled to transfer its rights and obligations arising from making the Application available to the Customer to third parties with notice to the Customer. If the Customer wishes to transfer its rights and obligations arising from the use of the Application to a third party, this is only possible with CashOut's prior written consent.

Article 14. Applicable law and competent court

14.1 These Terms of Use are governed by Dutch law.

14.2 All disputes that may arise as a result of these Terms of Use will be submitted exclusively to the competent court in the district of the Gelderland District Court, Arnhem location.