In these general terms and conditions of delivery, the following terms, if written with a capital letter, have the following meaning:
General Terms and Conditions:
These general terms and conditions of Recruitment Marketeers BV (hereinafter: “Recruitment Marketeers”); Chamber of Commerce: 90341953, Energieplein 8, 2031 TC Haarlem.
Service(s):
The service(s) as further specified in the Agreement concluded between Recruitment Marketeers and the Client;
Agreement:
The agreements, recorded in a written or digital document, on the basis of which Recruitment Marketeers makes (a) Service(s) available to the Client, and of which these General Terms and Conditions form an integral part;
Force majeur:
Any circumstance beyond the control of Recruitment Marketeers that prevents the fulfilment of its obligations towards the Client in whole or in part or that makes the fulfilment of such obligations unreasonably impossible to expect from Recruitment Marketeers, regardless of whether that circumstance was foreseeable at the time the Agreement was concluded. Such circumstance shall in any case include, but not be limited to: obligations imposed by the government that have consequences for the provision of the Service, disruptions in systems that are part of the Internet, disruptions in the telecommunications infrastructure, failure of Recruitment Marketeers' electricity supplies.
Sites:
The websites of Recruitment Marketeers, accessible via the domain name www.recruitment-marketeers.com, www.recruitment-marketeers.nl, as well as all other websites of Recruitment Marketeers accessible via sublevel domain names related to these domain names;
Client:
Any (legal) person who has entered into an Agreement with Recruitment Marketeers.
2.1 These General Terms and Conditions apply to any Agreement or other legal relationship between Recruitment Marketeers and Client. Deviating general or specific terms and conditions of Client shall only apply if they have been expressly confirmed in writing by Recruitment Marketeers.
2.2 The Agreement is concluded after written confirmation by Recruitment Marketeers of receipt of the registration by the Client, and in the absence of written confirmation by sending the first invoice by Recruitment Marketeers. If the Client sends a digital (online) registration using the internet, the Agreement is concluded at the moment that a digital confirmation has been sent by Recruitment Marketeers to the Client and in the absence thereof by the first invoice. The Client must respond immediately after receipt of the electronic confirmation of the Agreement by Recruitment Marketeers if this confirmation does not correspond with the content of the Agreement or if the registration has not been sent (in writing/digitally) by the Client at all.
2.3 All descriptions, specifications of the Service(s) on the Sites, in advertisements, brochures and the like are considered an approximate representation. Recruitment Marketeers cannot guarantee the correctness and accuracy of these specifications. Recruitment Marketeers is at all times authorized to make changes to the Service(s) to be provided, in order to improve them or to comply with any legal requirement.
2.4 The Sites may contain references and/or hyperlinks to third party websites. Recruitment Marketeers is not responsible for the content/accuracy of third party websites. The Sites may contain files which are included for informational purposes only. Recruitment Marketeers does not guarantee the accuracy or completeness of this material, regardless of whether the material originates from Recruitment Marketeers or third parties.
2.5 In all cases in which the Agreement with the Client ends, these General Terms and Conditions shall continue to govern the relations between the parties to the extent that this is necessary for the settlement thereof, or to the extent that this arises from the nature of the relevant clause.
3.1 To the extent that the Client has not yet agreed to and declared the applicability of these General Terms and Conditions at an earlier stage, the Client's approval of a quotation automatically implies agreement to and declaration of the applicability of these General Terms and Conditions by the Client.
3.2 The right to use a Service is personal and it is therefore not permitted to transfer and/or (sub)license this right to third parties. The right to use a Service is limited to employees within the organization of the Client.
3.3 Client guarantees that these employees will only use the Service for the purposes of Client's activities.
3.4 Recruitment Marketeers has the authority to recover from the Client all forms of damage, including loss of income and all other costs resulting from unauthorized use and all other forms of misuse of the Service.
3.5 Based on the Agreement, Recruitment Marketeers will make the required functionality for the Service available to the Client once and for the duration of the Agreement.
3.6 The specifications of the Service(s) shall be agreed in writing.
3.7 If changes and/or alterations occur that cause one or more online resources to no longer work, the vacancy will be placed on (an)other vacancy site(s). However, this service of Recruitment Marketeers is not obligatory.
3.8 The functionality of the Service(s) is available twenty-four hours a day. Preventive and corrective maintenance for the functionality of the Service(s) will take place outside normal office hours as much as possible.
4.1 In the event that communication between Recruitment Marketeers and Client takes place using electronic means, such as e-mail and other forms of data traffic, both parties will ensure standard virus protection. Recruitment Marketeers is not liable to Client for any damage resulting from the sending of viruses and/or other irregularities in electronic communication, and for messages that are not received or are received damaged.
4.2 The Client must secure its own computer system in such a way that third parties cannot gain unauthorized access to the Recruitment Marketeers sites.
5.1 The agreed price for the entire term of the Agreement will be invoiced to the Client after commencement of the Agreement.
5.2 Unless otherwise agreed in writing, invoices shall be paid by the Client in accordance with the payment conditions stated on these invoices. In the absence of such conditions, payment must be made within fourteen days of the invoice date, by transferring the amount due to the bank account stated on the invoice.
5.3 If the Client fails to pay on time, it shall be deemed to be in default by operation of law and shall, without further notice of default, from that moment onwards also owe interest on the outstanding amount equal to the then applicable Dutch statutory interest pursuant to Article 6:119a of the Dutch Civil Code. All collection costs incurred after the relevant payment term has expired shall be borne by the Client.
5.4 Unless otherwise agreed in writing, payments already made by the Client to Recruitment Marketeers will not be refunded in the event of interim termination of the Agreement.
5.5 The prices used can be requested from Recruitment Marketeers. Recruitment Marketeers reserves the right to use different prices and conditions. Unless otherwise indicated, the prices of Recruitment Marketeers are listed in euros, excluding VAT and any other taxes and levies.
5.6 Recruitment Marketeers reserves the right to change or revise the prices of the Service(s) and other products.
6.1 The (electronic) traffic between the Client and Recruitment Marketeers takes place at the Client's own expense and risk.
6.2 The Client shall refrain from any conduct that is contrary to the General Terms and Conditions and/or Dutch laws and/or regulations and shall act and behave in accordance with what may be expected of a responsible and careful (online) Client.
6.3 The nature of the Agreement means that Client has access to personal data. Client will comply with the provisions of the applicable privacy laws and regulations.
6.4 Client shall refrain from hindering and/or causing damage to Recruitment Marketeers or third parties – whether or not when using the Service(s) or the Sites. This includes, but is not limited to: infringing the intellectual property rights, database rights or other rights of Recruitment Marketeers or third parties, violating or attempting to violate the security of the Sites, using the Service in such a way that the correct functioning of computer systems of Recruitment Marketeers or third parties is prevented, transferring and/or assigning any right or obligation that Client has under these General Terms and Conditions or the Agreement to third parties.
6.5 Without prejudice to the other provisions of this article 6, the Client shall at all times refrain from improper use of the Service(s), the Sites and the data to which access can be obtained by means of the Service(s) or the Sites. If Recruitment Marketeers has a reasonable suspicion of improper use by the Client, the Client shall owe Recruitment Marketeers, without judicial intervention, an immediately due fine of EUR 10,000 (in words: ten thousand euros) per day that the improper use continues and Recruitment Marketeers shall be entitled to terminate the Agreement with the Client with immediate effect. In this context, improper use shall in any case be understood to mean the conduct as described above in article 6.4. The aforementioned immediately due fine may never be deducted from any damages that the Client may owe to Recruitment Marketeers.
6.6 The Client shall provide Recruitment Marketeers with all necessary information that the Client knows or should reasonably know is important for the correct performance of the Agreement by Recruitment Marketeers.
7.1 Recruitment Marketeers will provide Client with access to its Sites and use of the agreed Service(s) after receipt of payment by Client of the agreed price.
7.2 The nature of the agreement means that Recruitment Marketeers has access to personal and login data. Recruitment Marketeers will comply with the provisions of the applicable privacy laws and regulations.
7.3 Recruitment Marketeers will make every effort to resolve any disruptions to access to its Sites and/or Service(s) and/or the use of the technical infrastructure of the Sites and/or Service(s) as soon as possible and, although it strives to do so, cannot reasonably guarantee uninterrupted availability of the Sites and/or Service(s).
7.4 Recruitment Marketeers has the right to temporarily disable the Sites and/or Service(s) in order to resolve a malfunction without being liable for damages to the Client. In the event of a malfunction that is not caused by the Client and that lasts for more than five consecutive working days, the Client is only entitled to a pro rata refund of the price for the Service(s) to which the Client had no access during the malfunction.
7.5 Recruitment Marketeers reserves the right to make changes to (access to) the Service(s) if this is desirable for the functioning of the Service(s). If such changes have a direct impact on the manner in which Client gains access to and/or uses the Service(s), Recruitment Marketeers will inform Client of the changes as soon as possible.
7.6 Recruitment Marketeers supports the Client by unlocking and/or making available the necessary information regarding the Service(s).
8.1 Recruitment Marketeers accepts legal obligations to pay damages to the extent that this appears from this article.
8.2 The total liability of Recruitment Marketeers due to attributable failure to comply with the Agreement is limited to compensation for direct damage up to a maximum of the amount of the agreed price for that Agreement (excl. VAT). If, due to one or more – automatic or otherwise – extensions, the relevant Agreement already has a term of more than one year, the agreed price is set at the total of the price (excl. VAT) agreed for one year.
8.3 Direct damage is understood to mean exclusively: a. The reasonable costs that Client would have to incur to have the performance of Recruitment Marketeers comply with the Agreement. However, this damage will not be reimbursed if Client has terminated the agreement; b. Reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of these conditions;
8.4 Recruitment Marketeers' liability for attributable failure to comply with an Agreement (contractual liability) shall only arise if Recruitment Marketeers immediately and properly gives notice of default in writing, setting a reasonable term for remedying the failure, and Recruitment Marketeers continues to fail to comply with its obligations after that term. The notice of default must contain as detailed a description of the failure as possible, so that Recruitment Marketeers is able to respond adequately.
8.5 Recruitment Marketeers accepts no (contractual) liability for indirect damage, including consequential damage, lost profit, missed savings and damage due to business stagnation.
8.6 Recruitment Marketeers accepts no (contractual) liability for possible infringements of intellectual property rights, database rights and/or other rights of third parties through the use of the Sites and/or the Service(s) of Recruitment Marketeers. The Client indemnifies Recruitment Marketeers against all possible (consequential) damage resulting from the use by the Client of the Sites and the Service(s) of Recruitment Marketeers in violation of intellectual property rights, database rights or other rights of third parties.
8.6 A condition for the creation of any right to compensation is always that the Client reports the damage to Recruitment Marketeers in writing as soon as possible after it has occurred. 8.7 The limitations of liability included in this article do not apply in the event that the damage is a result of intent or deliberate recklessness on the part of Recruitment Marketeers or its managers and subordinates.
9.1 All intellectual or industrial property rights to the Sites and all software, equipment or other materials and information such as designs, documentation, reports, quotations, models, techniques, data files, as well as preparatory material thereof, developed by Recruitment Marketeers and/or made available by Recruitment Marketeers to the Client, shall remain the exclusive property of Recruitment Marketeers or its licensors.
9.2 The Client shall only obtain the rights of use and powers expressly granted in these General Terms and Conditions or otherwise, and the Client shall otherwise not reproduce or make copies of the software or other materials.
10.1 Recruitment Marketeers is never liable in the event of a situation of Force Majeure. Insofar as compliance is not permanently impossible, its obligations are suspended.
10.2 The Parties shall be entitled to terminate the Agreement, without any obligation to pay damages on either Party, if the period during which performance of the Agreement is not possible due to Force Majeure lasts or will last longer than thirty days.
10.3 If Recruitment Marketeers has already partially fulfilled its obligations upon the occurrence of the Force Majeure, or can only partially fulfil its obligations, Recruitment Marketeers is entitled to invoice the part of the Service(s) already delivered or the part that can be delivered separately and the Client is obliged to pay this invoice as if it were a separate invoice.
11.1 The Agreement between the Client and Recruitment Marketeers will last a maximum of 60 days or as much shorter or longer as agreed.
omen Service lasts.
11.2 Upon expiry of the term of the Agreement, it shall terminate by operation of law.
12.1 Each party shall only be entitled to terminate the Agreement if the other party, after proper and detailed written notice of default, setting a reasonable period for remedying the breach, is in breach of its obligations under the Agreement.
12.2 Recruitment Marketeers may terminate the Agreement in whole or in part with immediate effect by written notice without notice of default and without judicial intervention if the Client is granted a suspension of payments – provisionally or otherwise – if bankruptcy is requested with respect to the Client or if its company is liquidated or terminated other than for the purpose of reconstruction or merger of companies. Recruitment Marketeers shall never be liable for any damages due to this termination.
12.3 If, at the time of the dissolution as referred to in article 9.1, the Client has already received services in execution of the Agreement, these services and the associated payment obligation will not be subject to cancellation, unless Recruitment Marketeers is in default with respect to those services. Amounts that Recruitment Marketeers has invoiced prior to the dissolution in connection with what it has already performed or delivered in execution of the Agreement, remain payable in full, subject to the provisions of the previous sentence, and become immediately due and payable at the time of the dissolution.
13.1 The Client undertakes, both during and after termination of this Agreement, to treat as confidential all data concerning the business affairs and other data of a secret or confidential nature of Recruitment Marketeers of which it becomes aware during the conclusion and/or performance of the Agreement, and to maintain confidentiality towards third parties with regard to such data.
13.2 The obligation to maintain confidentiality, as described in paragraph 1 of this article, shall continue until 2 (two) years after the end of the Agreement. It is irrelevant for what reason or by which party the Agreement was terminated.
14.1 General: Within the framework of an agreement between the parties, the Client will act as the Controller and Recruitment Marketeers will act as the Processor within the meaning of the Personal Data Protection Act.
14.2 Assignment: a. Processor performs work on behalf of the Controller in the context of facilitating application procedures. b. Processor will only process the personal data in the context of the aforementioned agreement. c. Processor will store a copy of the application data provided to the client via the websites on behalf of the client for a maximum of three months in the context of an agreement between the parties. d. Processor will destroy personal data at the first request of the client, however Processor reserves the right to store and use anonymized application data, to which the Wbp does not apply, for the benefit of new commercial activities of Recruitment Marketeers (both for the client and third parties) and the analysis and improvement of its services, in the broadest sense of the word. e. Unless the agreement between the parties expressly stipulates otherwise, Recruitment Marketeers is not obliged to make the results of the work under sub d of this article available to the client.
14.3 The data: The Controller shall ensure that only data that is actually relevant to the performance of the work agreed with the processor will be passed on to the processor.
14.4 Access to data: Processor records which employees have access to the data provided by the controller.
14.5 Involvement of third parties: Processor may only use a third party in the context of this agreement if the controller has given written permission to do so, which permission the controller will not or cannot withhold without good reason.
14.6 Compliance with laws and regulations: When processing the data, within the framework of the assignment referred to in Article X, the Processor will act in accordance with the applicable laws and regulations regarding the protection of personal data.
14.7 Confidentiality obligation: The Processor will oblige the persons who are in its employ or who perform work on its behalf to maintain confidentiality with regard to the personal data of which they may become aware.
14.8 Security measures: Processor will take appropriate technical and organizational security measures to protect the personal data against loss or any unlawful form of processing.
15.1 The Client is not permitted to transfer or assign the Agreement between Recruitment Marketeers and the Client, in whole or in part, or any right or obligation arising therefrom, to a third party, without the prior written consent of Recruitment Marketeers.
15.2 If any provision of these Terms and Conditions is found to be void, invalid, unenforceable or in conflict with the law, the remaining restrictions of these Terms and Conditions shall remain in full force and effect.
15.3 The Agreement between Recruitment Marketeers and Client is governed by Dutch law.
15.4 Recruitment Marketeers has the right to amend these General Terms and Conditions. An amendment will also apply to Agreement(s) concluded prior to the time of amendment. An amendment will not enter into force until fourteen (14) days after notification to Client.
15.5 In the event of disputes arising from Agreement(s) or from agreements resulting therefrom to which these General Terms and Conditions apply, the parties will initially attempt to reach an amicable settlement, without prejudice to the right to take precautionary measures and/or an interim provision.
15.6 All disputes between Recruitment Marketeers and Client will be submitted to the competent court in Haarlem.
15.7 All claims of the Client shall expire twelve months after the Service(s) to which these claims relate have been performed or as soon as indicated by law.
Energieplein 8, 2031 TC Haarlem
Parties with whom we collaborate innovatively and frequently.
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