Terms of Service
Last updated September 2025
Over ons
We are Design-well B.V. (#78592437, Prof W H Keesomlaan 12, 1183 DJ Amstelveen), also trading under the name CreateNew and CreateNew Work B.V. I.O.
CreateNew is a cooperative platform for independent digital professionals, aiming to combine the benefits of freelancing with the stability and collective strength of an organisation.
Our mission is to create a community where digital professionals can unite in purpose and path, supporting the freedoms and perks of freelancing with the stability of an enterprise and the energy of an agency.
We invite you to become part of the CreateNew community (the “Community”).
For questions about these Terms, contact us at support@createnew.co
Definitions
“Assignment” means any project, role, or engagement performed by a Contributor for a Client through or mediated by CreateNew.
“Client” means any company, organisation, or individual engaging CreateNew to source, contract, or employ Contributors.
“Community” means the collective of Contributors and Members participating in CreateNew’s platform, services, and activities.
“Contributor” (also referred to as Freelancer, Professional, or Member) means an independent professional who has registered an account with CreateNew to participate in Assignments, the Community, or related services.
“Engagement Model(s)” means the legal and commercial structures offered by CreateNew for Assignments, namely:
Freelancer / Direct Engagement (Mediation),
Contractor of Record (CoR), and
Employer of Record (EoR).
“Fees” means the service fees charged by CreateNew to Clients under the applicable Engagement Model.
“Services” means all services provided by CreateNew, including mediation, contracting, invoicing, recruitment, employment services, community activities, and equity participation.
“Sharing Bonus” means the referral bonus paid to a Contributor who introduces a new project or Client to CreateNew, as further specified in clause 5.
“STAK Administration Conditions” means the terms governing the optional acquisition and administration of share certificates in CreateNew via the Stichting Administratiekantoor (STAK).
“Terms” means these Terms of Service, including any schedules, policies, and agreements referenced herein.
“You” / “Your” means the Contributor who registers with CreateNew and/or uses the Services.
Applicability
1.1
These Terms apply to every use of our Services and participation in our Community.
1.2
If any provision of these Terms is invalid or unenforceable, it will be replaced by a valid and enforceable provision with similar effect.
1.3
By joining the Community, you also agree to our Data Processing Agreement, Code of Conduct, Privacy Policy, and—where applicable—the STAK Administration Conditions.
Creating an account
2.1
You may create an account if:
you are an independent freelancer authorised to work in Europe;
you are properly and sufficiently insured for professional liability.
2.2
You must provide accurate information when creating your account.
2.3
You are responsible for all activity on your account. Unauthorised use must be reported immediately.
Services provided by Createnew
3.1
General
CreateNew takes away much of the administrative burden of freelancing by offering contracting, invoicing, community access, recruitment, and optional equity participation.
3.2
Engagement models
Our Clients can choose between 3 different models to engage with you through or with help of us. Each with its specific pros and cons mostly about legal and tax terms. These models differ in the amount of work and risk taken by CreateNew to provide you with the job. Therefore, the client pays a differentiated fee. By offering these models we ensure you can apply to all of our jobs on the job board and stay as independent as possible.
Freelancer / Direct Engagement (Mediation)
- CreateNew mediates between you and the client.
- The engagement agreement is concluded directly between you and the client.
- CreateNew charges the Client a 5% fee for this service and is not a party to the performance of the work.Contractor of Record (CoR)
- CreateNew handles contracting, invoicing, and overall client communication for the agreed deliverable.
- CreateNew has a result obligation toward the client; you agree to collaborate to deliver within the agreed scope.
- A freelance agreement between you and CreateNew further specifies terms, scope and renumeration for your work.
- CreateNew charges a 10% fee to the Client for this service.Employer of Record (EoR)
- CreateNew acts as your legal employer for the duration of the assignment so you enter into an employment agreement with CreateNew for this period.
- You receive a salary instead of revenue/invoice-based-income, subject to Dutch employer law and applicable collective union agreements. The salary amount depends on many factors and is specific to the assignment and the individual.
- All statutory rights and obligations of an employment-employer relationship apply, including but not limited to social security (WW, WIA), pension contributions where applicable, holiday allowance, and entitlement to transition compensation.
- You agree to follow applicable internal procedures and instructions provided in your role.
- You work at the Client is covered by the terms of a secondment agreement between CreateNew and the Client.
- CreateNew pays and withholds all employer taxes and social premiums.
- CreateNew charges a 15% fee to the Client for this service.
3.3
Recruitment services
CreateNew may actively approach you for an assignment or position based on your profile or curriculum vitae, if we consider it a suitable match for a client’s needs. You may at any time instruct CreateNew not to approach you with potential jobs or projects.
3.4
Additional services
- Community access: peer network, knowledge exchange, commercial opportunities.
- Mentoring and advice: business development, creativity, and sector-specific guidance.
- Meetups and sessions: regular events to share expertise and collaborate.
- Equity participation: optional acquisition of certificates of shares in CreateNew, administered under the STAK Administration Conditions.
- New services: may be introduced as CreateNew evolves.
Your obligations
4.1
Participation is voluntary; you choose which projects to take on.
4.2
If you run a project via CreateNew, it remains with CreateNew until finalised or terminated by the client.
4.3
You remain independent and must not represent CreateNew as responsible for your client’s results, unless in a CoR or EoR engagement.
4.4
You must follow the Code of Conduct, act in good faith toward the Community, and maintain confidentiality.
Sharing projects
5.1
We encourage sharing projects with the Community.
5.2
When a project lead shared by a Contributor becomes an actual project at CreateNew, the Contributor is eligible for a Sharing Bonus.
5.3
The Sharing Bonus is a percentage of the project income after fees for the entire duration of the project.
5.4
The Sharing Bonus is calculated over the amount a Client pays for performed work after deduction of the fee charged by CreateNew for the chosen engagement model.
Example: If the client pays € 100, CreateNew charges a 10% fee for CoR (€ 10), leaving € 90. From this € 90, the executing contributor rate is 95% (€ 85.50) and the referring/sharing contributor receives 5% (€ 4.50).
5.5
The Sharing Bonus applies only to the original project, not to future work for the same client.
5.6
We pay applicable Sharing Bonuses within 10 days of receiving client payment, provided CreateNew has received a correct invoice for them.
Taxes
6.1
In the Freelancer and CoR models, You are solely responsible for all taxes and premiums arising from, or related to, the work performed by you or your company.
6.2
In the EoR model, CreateNew is responsible for paying and withholding all statutory employer contributions, payroll taxes, and social premiums.
Intellectual property
7.1
You are and remain the owner of any intellectual property right that you originated or rightfully acquired. Likewise, CreateNew reserves all rights to its intellectual property rights.
7.2
You undertake and guarantee that any intellectual property contributed or shared with the Community may be contributed or shared and does not breach or infringe any third-party rights.
7.3
You are responsible for making proper agreements on intellectual property rights with clients and CreateNew when necessary.
7.4
You are encouraged to use the CreateNew logo and branding in external communications and identify yourself as a member or contributor. You may not identify yourself as CreateNew owner, partner, decision maker or any other role at CreateNew unless written permission was given by CreateNew.
7.5
You grant us permission to add your photo and contact details to the CreateNew website and share these with the Community, all subject to our Privacy Policy.
Fees and Payment
8.1
Fee to be paid by the Client and added to the total amount invoiced to the Client:
- Freelance /direct engagement (Mediation): 5%.
- Contractor of Record / CoR: (Project) 10%.
- Employer of Record / EoR (Secondment): 15%.
8.2
CreateNew pays you when all worked hours are booked and agreed to by the Client and contract conditions are met.
Payment works as follows:
- Freelance / direct engagement (Mediation): You get paid directly by the Client.
- Contractor of Record / CoR: After submitting worked hours at the end of each month in our platform and sending an invoice to CreateNew in accordance with contract agreements, you get paid within 10 working days after Client payment.
- Employer of Record / EoR (Secondment): You get paid wages every month.
8.3
Fees may be adjusted annually to reflect service improvements or cost changes.
Non-compete and client protection
9.1
If CreateNew introduces you to or successfully places you with a client, that client is considered a CreateNew client.
9.2
You may not, without prior written consent from CreateNew, provide services directly or indirectly to that client other than via CreateNew during the engagement and for 12 months thereafter.
9.3
In addition, you agree not to establish or contribute to a company creating a community for digital professionals, offer recruiting or staffing services to digital professionals or collaborative directly competing with CreateNew’s core business model and target group during your time in the Community and for 12 months thereafter.
9.4
If you bring a client to CreateNew, that is considered your client and neither you or CreateNew are restricted to do business with that client, directly or indirectly.
Leaving the community
10.1
You may leave the Community and terminate your account at any time, provided there are no ongoing client engagements.
10.2
If there are ongoing engagements, termination will take effect upon completion of those engagements and payment of all applicable fees.
Exclusion from the community
11.1
We may exclude you from the Community and terminate your account immediately for any reason.
11.2
We may exclude you without compensation if:
- you commit gross negligence or willful misconduct or break applicable laws;
- you are subject to bankruptcy, suspension of payments, liquidation, or cessation of business;
- you no longer meet the requirements in clause 2.1; or
- you violate these Terms.
11.3
Provisions that by nature are intended to survive termination remain in effect, such as clauses 5, 9, 11, 12, and 13.
Liability for Freelance-Direct and Contractor of Record engagement
12.1
For Freelance-Direct and Contractor of Record engagements:
- You are solely responsible for your work toward clients and indemnify CreateNew against any claims, demands, losses, damages, legal fees, or intellectual property infringements arising from services you provide.
- You must be properly and sufficiently insured for professional liability.
- CreateNew's total liability is limited to 50% of the total Contribution Fees charged to you over the last 12 months.
12.2
For Employer of Record (EoR) engagements, the employment contract and its amendments govern liability.
Confidentiality
13.1
You must keep all non-public business, financial, and technical information of the Community and Clients confidential.
Non-solicitation
14.1
You may not, during your time in the Community and for 12 months thereafter, solicit or induce any employee, contractor, supplier, or other contributor to leave CreateNew.
Penalty
15.1
Breach of clauses 4.2, 9, 12, or 13 results in an immediately payable penalty of
€ 10,000 per breach, plus € 1,000 for each day the breach continues, without prejudice to CreateNew’s right to claim full damages.
Miscellaneous
16.1
You may not assign or transfer rights or obligations under these Terms without prior written consent from CreateNew.
16.2
No deviation from these Terms is valid unless approved in writing by CreateNew.
16.3
CreateNew may amend these Terms.
Governing law and dispute resolution
17.1
These Terms are governed by the laws of the Netherlands.
17.2
Disputes will first be attempted to be resolved amicably through mediation. If unsuccessful, disputes will be settled by the competent court in Amsterdam.