Terms & Conditions
Article 1 - Definitions
Online intermediary in the field of personnel mediation.
Carriere portal: This refers to the site(s) owned by the contractor.
Client: the legal entity or natural person who makes use of the services of the contractor as described on the site(s)
Parties: Client and contractor
Companies management section: An environment for the client to which the client has online access in order to make use of the services of the contractor.
Agreement: The service agreement between the contractor and the client is deemed to have been concluded after the acceptance of the General Terms and Conditions and Privacy Statements via the site(s).
Candidate: Any natural person who has registered with the site(s).
Vacancy: A part-time or full-time position, holiday work, secondary job or internship placement that is available within the organization.
Job application button: Button at the bottom of each vacancy used by candidates to submit their applications.
Application: Response of a candidate to a vacancy placed on one or more sites of the contractor by means of the application button.
Response button: Button in the management part of the client with which candidates are informed about the status of their application
In writing: Email or mail
Match: The creation of a management or indirect employment contract between the client and the candidate as a result of an application by a candidate for a vacancy stated on a site of the contractor.
Article 2 - Applicability of these General Terms and Conditions
1. These General Terms and Conditions apply to all quotations, work and agreements of the contractor, even after the termination of an agreement, unless the parties have explicitly deviated from these Terms and Conditions in writing. The client cannot derive any rights for future assignments from any deviations that may have been agreed upon. General Terms and Conditions used by a client are expressly rejected by the contractor.
2. If one or more provisions of these General Terms and Conditions should prove to be legally invalid or prove to be legally inapplicable, the remaining provisions shall remain in force.
Article 3 - Use of site(s)
1. No rights can be derived from the use of the site(s).
2. The Contracted Party will make every effort to ensure that the information it offers on the site(s) is complete and up to date.
3. Any reproduction or (re)publication of all or part of the site(s) or the information contained therein is expressly prohibited without the Contractor's prior written consent.
4. The contractor does not accept any liability for damage in any form whatsoever arising from the use of the site(s), the services offered by the contractor or otherwise.
5. The client is not permitted to post CVs on the site(s).
6. The conditions applied by the Contracted Party will apply to vacancies regardless of whether they are placed manually or supplied automatically.
7. Employers and/or intermediaries who have a login account with the contractor may only use the active CV and contact details to approach candidates for a suitable, concrete and open vacancy. As soon as candidates place their CV on the site(s), they give permission for this.
8. If the client has concluded an agreement concerning a subscription to gain access to or inspect the CV database created by the contractor, the following paragraphs of this article will apply.
9. The Client acknowledges that the Commissionee is the producer of the Vacancy and CV database within the meaning of the Database Act and is the copyright holder of the Vacancy and CV database.
10. The Client may only use the vacancy and CV database within its own company for the purpose of recruiting new employees for its company, to the extent that this is permitted under the provisions of the Database Act and other applicable legal rules.
11. Client may not publish databases from the vacancy and/or CV database or parts thereof, nor copy or otherwise reproduce, modify or make available to third parties in any way, download them and store them in its own database or on its own computer system, except with the prior written permission of the contractor.
12. Client may only use databases from the CV database, or parts thereof, with a view to filling a concrete, suitable vacancy that is open at the time of use of the CV database and only to the extent that the databases from the CV database, or parts thereof, reasonably match this specific vacancy.
13. The client is not permitted to make improper use of the services of the contractor. This means, among other things, that the user is not permitted to use any soft- and/or hardware-moderate tools and solutions (under his own management or made available by third parties), to the extent that these are intended to take over data, or to spin, scrape, search or otherwise improperly use and/or view the vacancy and CV databases.
14. The Contractor applies fixed limits to the number of databases from the CV and the vacancy database, or parts thereof, that the Principal may use. Client may use a maximum of 225 (two hundred and twenty-five) files from the CV and the vacancy database (or parts thereof) per day, unless agreed otherwise in writing. If the client requests more databases from the CV and the vacancy database, or parts thereof, than the maximum permitted per day, the contractor reserves the right to intervene, for example by blocking the client's account and the client's access to the CV and/or the vacancy database with immediate effect and without further warning. In that case, the contractor shall not owe the client any compensation or restitution of the amount paid. Amounts invoiced or still to be invoiced by the contractor in connection with the agreement will remain due and payable in full and will become immediately due and payable.
15. Access data on the contractor's site(s) allows a single unique user to gain access. The client is therefore not permitted to allow multiple users with the same login account to gain access to the site(s).
Article 4 - Services
1. The contractor provides online services with regard to recruiting personnel. The online services are agreed by the client by agreeing to the General Terms and Conditions and Privacy Statements unless expressly agreed otherwise in writing.
Article 5 - Fees
1. Rates are stated on the site(s) or in accordance with a written agreement between the contractor and the client.
Article 6 - Methodology
1. Via the companies management part of the site(s) of the contractor, the client can state the vacancy according to the described procedure and using the automated data fields.
2. The site allows candidates to respond to the vacancies posted by the client.
3. If a candidate applies for a vacancy from your company, you will receive the motivation plus contact details of the candidate by e-mail, unless otherwise agreed in writing.
4. The Contractor does not give any guarantee regarding the number of applications for vacancies.
Article 7 - Amendment of General Terms and Conditions
1. The Contractor reserves the right to change the General Terms and Conditions and the prices of its services at any time.
2. Changes in price shall be deemed to be adjusted in a reasonable and fair manner.
3. The Contracted Party will inform the Client in a timely manner. If the client does not accept the amendment to the General Terms and Conditions and/or (price) conditions, he is entitled to terminate the agreement after notification of the price amendment.
Article 8 - Obligations of the principal
1. The Client is fully responsible for a correct and complete statement of the company profile and the job description. The Contractor is entitled to adjust the vacancy texts without the content deviating from the information provided by the Principal. The Contractor reserves the right to refuse texts that are unethical or that incite to illegal behaviour.
2. When using the curriculum vitae data of candidates, the client undertakes to limit the use of the consulted and obtained data of candidates exclusively for the filling of the relevant vacancy(s) registered via the career portal, unless the candidate concerned has unambiguously given permission for other use. The data of candidates consulted and obtained are confidential and remain the property of the contractor. The client is prohibited from making the data available to third parties in any way, unless this is necessary to fill in the vacancy in question. Violation by the third party of the confidentiality obligation is considered to be a violation of the client.
4. It is forbidden to mention links, contact details, contact persons or other references as a result of which a candidate can contact the client without the intervention of the contractor. The Company name may be mentioned and will be visible on the site(s).
5. The Client may only post actual, concrete vacancies that are open at the time of placement on the site(s). Client is not allowed to:
- refer to other vacancies that are not mentioned on the Site;
- to name several (different) functions;
- Write complete words or sentences in capital letters;
- Excessive use of punctuation marks (e.g. multiple exclamation marks in one sentence);
- Contact details to be included in the vacancy;
- Use html, (java) script or animated images.
- Placing volunteering
- Posting vacancies remunerated solely on a commission basis
- Placing vacancies for Multi-level Marketing (MLM)
- Place vacancies for erotic services
- Posting vacancies that incite illegal practices
Article 9 - Performance of the contract
1. The Contractor reserves the right not to convert a request to post a vacancy into a contract without stating reasons and thus not to place the vacancy on the site.
2. The Contractor reserves the right to transfer vacancies to external websites in order to increase the number of applications.
3. In the execution of the agreement, the contractor primarily has the obligation to make every effort to recruit candidates. There is no obligation to achieve a result and the contractor is not liable if the candidate renounces a match and/or fails to meet a match agreement that has already been made, or fails to do so in full.
4. The contractor shall execute the agreement to the best of his knowledge and ability and in accordance with the requirements of good workmanship.
5. The contractor has the right to have certain activities carried out by third parties.
6. If during the execution of the agreement it appears that for a proper execution it is necessary to change or supplement the work to be done, parties will timely and in mutual consultation adjust the agreement accordingly.
7. If the change or supplement to the agreement will have financial and/or qualitative consequences, the contractor will inform the client about this in advance.
8. The contractor is released from its obligations in the event of late or incorrect or incomplete provision of information or cooperation by the client, insofar as it is dependent on that information and/or cooperation for the correct fulfilment of its obligations.
9. Agreements and promises made by the contractor are only binding for the contractor if these (further) agreements or promises have been confirmed by the contractor in writing.
10. The Contractor is not responsible for a correct, current and complete statement of the details in the personal curriculum or the profile of the candidate.
11. The Contractor reserves the right to change or remove certain data at its own discretion.
Article 10 - Payment
1. Payment must be made within 14 days, stating the invoice number, reference number and in euros in which the invoice was submitted. The Client shall not be entitled to suspend its payment obligation for any reason whatsoever. Only payments to the contractor shall be in full discharge of liabilities.
2. If the client remains in default of payment within the period of 14 days, the client shall be in default by operation of law. If payment has not been made on time, the contractor shall remind the client of the default and further transfer the collection process to a bailiff and collection agency. All judicial and extrajudicial costs, as well as a statutory interest, will then be recovered from the client. The interest on the amount due and payable will be calculated per month from the moment that the client is (was) in default until the moment of payment of the invoice. Part of a month will be counted as a full month. In the event of default on the part of the client, the contractor shall also be entitled to suspend obligations arising from the agreement.
3. In the event of liquidation, bankruptcy, suspension of payments or if an attachment has been levied against the client, the contractor's claims against the client are immediately due and payable.
4. The customer will only receive a digital invoice from the contractor if he has purchased additional services via the site(s).
Article 11 - Research, Advertising
1. Defects, errors and/or complaints about the work carried out or the invoice must be reported to the contractor in writing by the client within 8 days of discovery, but no later than 14 days after completion of the work concerned. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that the contractor is able to respond adequately.
2. If a complaint is well-founded, the contractor will still carry out the work as agreed, unless this has become demonstrably pointless to the client in the meantime. The latter must be made known by the client in writing.
3. If it is no longer possible or useful to still carry out the agreed work, the contractor will only be liable within the limits of Article 13.
Article 12 - Termination and Discontinuation
1. The Contractor is entitled to dissolve the agreement or deny access to the account, if so:
- the client fails to fulfil the obligations arising from the agreement or to do so in full.
- circumstances that come to the attention of the contractor after the conclusion of the agreement give the latter good reason to fear that the client will not comply with the obligations.
- the client was requested, at the time of concluding the agreement, to provide security for the fulfilment of his obligations under the agreement and this security is not provided or is insufficient.
2. Furthermore, the contractor is authorised to dissolve the agreement or have it dissolved if circumstances arise of such a nature that fulfilment of the agreement is no longer possible or can no longer be demanded according to the standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.
3. If the agreement is dissolved, the contractor's claims against the client will become immediately due and payable. If the contractor suspends the fulfilment of the obligations, the contractor retains claims under the law and the agreement.
4. The Client is entitled to dissolve the Agreement if the Supplier fails to fulfil its obligations under the Agreement or fails to do so in full.
5. An agreement based on an introductory rate shall end at the end of the periods agreed in writing.
6. The Contractor is entitled to terminate the Principal's account access if it has received written complaints from jobseekers regarding failure to process applications.
7. The Contractor is entitled to terminate the Client's account access if the Client offers competitive services.
8. The Contracted Party will be entitled to suspend or block the Client's access to the account if the Client fails to meet its payment obligation.
Article 13 - Liability and indemnities
1. The contractor is not liable for damage of any nature whatsoever caused by the fact that the contractor has relied on incorrect and/or incomplete information provided by the client.
2. The contractor is never liable for indirect damage, including consequential damage, loss of profit, lost turnover/savings and damage as a result of business stagnation. In all other cases, the contractor is liable up to the maximum amount invoiced for the service from which the damage resulted.
3. Pursuant to Article 6:170 of the Dutch Civil Code, clients shall be liable for damage caused by those who work under their supervision and shall indemnify the contractor in any cases that arise, as well as for damage caused by employees recruited through the contractor.
4. The client indemnifies the contractor against claims by third parties relating to intellectual property rights on materials or data provided by the client and used in the execution of the agreement.
5. If the customer provides data carriers, electronic files or software etc. to the contractor, the latter guarantees that the data carriers, electronic files or software are free of viruses and defects.
6. The contractor is not liable for the security of the user's data stored on systems. The Contractor does not accept any liability for damage in any form whatsoever arising from the use of data carriers, electronic files or software provided by the Contractor.
7. The limitations of liability contained in these General Terms and Conditions do not apply if the damage is due to intent or gross negligence on the part of the contractor.
8. On the site(s) the client can view and keep track of his own data and data of applied candidates online by means of his companies management section. To do this, the client needs a personal password and e-mail address. This password and e-mail address has been sent by the client by e-mail at the time of registration on the site(s). The use of the e-mail address in combination with the password (also referred to as the "Access data") legitimises the user vis-à-vis the contractor as the client.
9. The Client shall be responsible for maintaining the confidentiality of the Access Details. In none of the circumstances does the Contractor have any responsibility in this respect. It is the client's task to ensure that none of the Access Data are in the hands of unauthorised persons and/or organisations. Should this be the case, you, as the client, are obliged to report this to the contractor as soon as possible.
10. Should it transpire that the personal Access Details of the Employer are being misused for the site(s), the contractor will not be responsible and/or liable. By agreeing to these General Terms and Conditions, the client declares the contractor free of any claims by third parties as a result of unlawful access to the site(s) (or via the site(s) to other sites.
11. If the candidate receives a remuneration/remuneration from the client which is lower than the agreements made in advance and/or other obligations (e.g. C.A.O. laid down by law), the contractor will be fully responsible or liable for this. In this situation, the client declares, by accepting these General Terms and Conditions, that the contractor will be indemnified against any damage and/or costs incurred by the employer as a result.
12. If the personal data viewed by third parties or lawfully received via the contractor are used incorrectly or unlawfully by third parties, the contractor excludes all liability for this. This is possible as far as legally possible. After acceptance of these General Terms and Conditions, the other party of the contractor declares that the other party guarantees any costs/damage suffered (including claims from third parties) if data is used incorrectly or unlawfully by this other party. This also applies if personal data have reached third parties via the other party.
13. If a (temporary) shutdown/interference occurs on the Site(s) or at the internet provider(s) / telecommunication provider(s), the contractor is not liable for any damage suffered.
14. The Contractor cannot be held liable for the content of vacancies and CVs as these are posted and managed by the Principal and the Candidate without the Contractor's intervention.
Article 14 - Electronic data traffic
1. The parties agree that agreements concluded by means of electronic data traffic are binding on the parties and that information transmitted by means of electronic data traffic in any judicial procedure has evidential value with respect to the agreements existing between the parties.
Article 15 Force majeure
1. The parties are not obliged to fulfil any obligation if they are prevented from doing so as a result of a circumstance which cannot be attributed to fault and which is not for their account by virtue of the law, a legal act or generally accepted practice.
2. In addition to what is understood in the law and case law in this respect, force majeure for the contractor in these General Terms and Conditions is understood to mean all external causes, foreseen or unforeseen, over which the contractor has no influence, but as a result of which the contractor is unable to fulfil its obligations or as a result of which the fulfilment of its obligations cannot reasonably be required of the contractor. The Contractor will inform the Principal as soon as possible of a (threatening) situation of force majeure.
3. The parties may suspend their obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without being obliged to compensate the other party for any damage.
4. Insofar as the contractor has already partially fulfilled his obligations under the agreement or will be able to fulfil them at the time of the commencement of the force majeure and the part already fulfilled or to be fulfilled has independent value, the contractor shall be entitled to invoice the part already fulfilled or to be fulfilled separately. The Client is obliged to pay this invoice as if it were a separate agreement.
Article 16 Confidentiality
1. Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained in the framework of their agreement from each other or from another source. Information is considered confidential if the other party has indicated this or if this follows from the nature of the information or if the parties know or should have known the confidential nature of the information, provided that the information is not accessible from a general source.
2. If, on the basis of a statutory provision or a judicial decision, the contractor is obliged to provide confidential information to third parties designated by law or by the competent court, and the contractor cannot invoke a right to refuse to give evidence under the law or recognised or permitted by the competent court, the contractor shall not be obliged to pay damages or compensation and the client shall not be entitled to dissolve the agreement on the grounds of any damage resulting from this.
Article 17 Privacy
1. The personal and company data provided by the client and/or candidates via the electronic registration form, or otherwise made available to the contractor, will be managed in an automated file.
Article 18 - Intellectual Property and Copyright
1. All reports, advice, agreements, designs, sketches, drawings, software, etc. provided by the contractor are exclusively intended to be used by the client and may not be reproduced, stored in an automated data file or otherwise brought to the attention of third parties without the express prior written consent of the contractor.
2. The provisions of art 18 para. 1 and art 3 para. 3 are subject to the intellectual property regulations that include copyright, patent law and trademark law.
3. The Client declares that the vacancy and/or company information posted by it does not infringe the (intellectual property) rights of third parties.
4. The (intellectual property) rights relating to the Site, including the copyrights to the texts, images, design, photographs and other (static and/or moving) visual material, sound material, formats, software and other materials, the database rights and brand rights (including domain names) are vested in the contractor or its licensors, with the exception of material supplied by the user in connection with the placement of a CV, vacancy and/or company information.
5. The Client is not permitted to make the site or any of its contents available to third parties in any way whatsoever, to reproduce, distribute, transmit or otherwise reproduce it or to incorporate it in any other document or material in any way whatsoever, without the prior written consent of the Contracted Party. This means, among other things, that the User is not permitted to retrieve and reuse a substantial part of the content of the vacancy database and the CV database, to download it to his own database or computer system and/or to retrieve and reuse non-substantial parts of the content of the database repeatedly and systematically within the meaning of the Database Act, without the Supplier's prior written consent. Any copies that the User makes of (a part of) the Site - to the extent permitted - must retain all copyright and other (intellectual property) right notices that appear on the original download or printout.
Article 19 - Disputes and applicable law
1. Provisions in these General Terms and Conditions have been compiled with the utmost care. Should it nevertheless appear that certain provisions are not legally valid or cannot be legally applied, the remaining provisions will remain in force within these General Terms and Conditions. The provisions that are not legally valid or cannot be applied in law will replace those that are. Attempts will be made to ensure that this new provision is as consistent as possible with the provision to be replaced.
2. After the parties have tried to solve a dispute in mutual consultation, disputes will only be settled by the competent court.
3. All agreements between the contractor and the client shall be governed exclusively by the laws of the Netherlands.
Article 20 - Permission & Jurisdiction
1. By agreeing to the General Terms and Conditions on one or more of the site(s), the contractor explicitly gives permission to be contacted by telephone or by e-mail by the contractor or by one of the other trade names of the site(s). In addition, you hereby give your permission to use the client's company logo for references.
2. The Contractor will treat data confidentially and will only make it available to a third party for the purpose of matching it to fill vacancies.
3. You agree that you may act on behalf of the Company, have legal capacity to post vacancies, receive applications, and agree to the Terms and Conditions and Privacy Statements.
4. You expressly authorise the contractor to use your company name and company logo as a reference in its announcements on its website, leaflets and other advertising to third parties.