General Terms and Conditions JobDelta
Date: 3 Sept 2019
Previous version: 1.1 (12 Dec 2018)
Article 1 - Definitions
The term "JobDelta", “JobDelta B.V.”, "us" or "we" refers to the owner of the website www.jobdelta.com whose registered office is Plantenveld 35 te Zeewolde, the Netherlands with company registration number 72589655.
The term “JobSeeker”, “User”, “Employer”, “Recruiter”, “Client” or "you" refers to the user or viewer of our website and the services provided with or without an additional Agreement.
The term “Services” refers to the services provided by JobDelta such as, but not limited to searching and browsing job openings, posting a resume online, posting job openings online (whether or not provided with videos and/or photo clips), email alert messaging, as well as gaining access or gaining insight to the CV database created by JobDelta and all other services that are the subject of any offer, quotation, agreement or other legal act between JobDelta and the Client.
Article 2 - General
2.1 JobDelta attempts to bring JobSeekers and Employers/intermediaries together. However, JobDelta is never a party to any agreement concluded between such parties through the use of jobdelta.com.
2.2 Any deviations from the General Terms and Conditions proposed by the User are only valid if they have been explicitly agreed in writing or electronically by JobDelta and the User.
2.3. JobDelta has the right to change or supplement the General Terms and Conditions at any time without notice.
2.4 The parties expressly reject the applicability of any general terms and conditions of the Client.
2.5 Once these General Terms and Conditions have been applicable to a legal relationship between JobDelta and the Client, the Client is deemed to have agreed in advance to the applicability of the General Terms and Conditions in case of Agreements concluded and yet to be concluded, including amendments and additions to the General Terms and Conditions.
2.6 If and insofar as any provision of the General Terms and Conditions is declared void or is annulled, the other provisions of the General Terms and Conditions will remain in full force. JobDelta will then adopt a new provision to replace the invalid / voided provision, whereby the scope of the invalid / voided provision will be taken into account as much as possible.
2.7 In the event of a conflict between the provisions of an Agreement and the General Terms and Conditions, the former provisions shall prevail.
3.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
3.2. Neither JobDelta nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3.3 Your use of any information or materials on this website is entirely at your own risk, for which JobDelta shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
3.4 In no event will JobDelta be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
3.5 This website contains material which is owned by or licensed to JobDelta. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
3.6 Every effort is made to keep the website up and running smoothly. However, JobDelta takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
3.7 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
3.8 This website includes links to other websites. These links are provided for your convenience to provide further information. JobDelta has no responsibility for or control over the content of the linked website(s) and the inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. We do not moderate content.
3.9 Your use of this website and any dispute arising out of such use of the website is subject to Dutch law.
3.10 Individuals under the age of thirteen (13) are expressly prohibited from using this website.
Article 4 - Spam/Newsletter
4.1 The use of (personal) data which have been made public through JobDelta’s website, including, but not limited to, e-mail addresses of Jobseekers and Recruiters, is only permitted with the aim to fulfilling a concrete, open and suitable vacancy. Under no circumstances is it permitted to process the (personal) data for any other purpose, which among other things means that it is prohibited:
- The (unsolicited) organization of any form of commercial communication by e-mail, fax, SMS, MMS, mail or otherwise with (a) Jobseeker(s), Employer(s) or Recruiter(s) to directly or indirectly promote goods, services or image of a company, organization or person if this does not relate to a specific vacancy;
- any other form of unsolicited communication;
- to collect e-mail addresses of Employers, Recruiters and/or Jobseekers for any reason.
4.2 If you (partially) act contrary to the provisions of this article JobDelta has the right to, without further warning or notice of default and without the need for judicial intervention, an immediately claimable and payable fine of EUR 1,000 (one thousand euros) per event. The use of (personal) data counts as one event, without prejudice to JobDelta's right to claim compensation and/or compliance.
4.3 By creating an account with JobDelta, you grant JobDelta and JobDelta B.V. permission to contact you, including but not limited to communication via e-mail and telephone. JobDelta / JobDelta B.V. may choose to approach you through a third party. Examples of contacting you might be, but is not limited to:
- Transactional emails (confirm your account, new application, etc.);
- News about JobDelta / JobDelta B.V.;
- Information, news and/or offers regarding recruitment & selection.
- Information, news and/or offers which JobDelta / JobDelta B.V. finds relevant.
Article 5 - Intellectual Property Rights
5.1 The (intellectual property) rights with regard to JobDelta’s website, including copyright on the texts, images, design, photos and other (still and/or moving) image material, sound material, formats, software and other materials, the database rights and brand rights (including domain names) are held by JobDelta or its licensors with the exception of the material supplied by the JobSeeker or Recruiter in relation to posting a CV, vacancy and/or company information.
5.2 You are not permitted to reproduce, distribute, send, download, make available to third parties or otherwise reproduce any of JobDelta’s website or its content without the prior written permission of JobDelta.
Article 6 - Exclusion
JobDelta reserves the right to exclude the User from any further use of the Site and/or to terminate the Agreement with the Client if the User acts in any way in violation of these General Terms and Conditions, any provision of Dutch law or with the netiquette that the User must take into account on the internet, this without prejudice to JobDelta's right to take further legal measures against the User and to claim compensation. Amounts that JobDelta has invoiced for the dissolution in connection with what it has already performed or delivered for the execution of the Agreement, remain due without prejudice to the provisions of the previous sentence and become immediately claimable at the time of the dissolution.
Article 7 - Maintenance
JobDelta is entitled to put its system out of service (temporarily) or to limit its use in the event that this is necessary for maintaining or modifying (parts of) the Site, without this resulting in any right of the User to compensation against JobDelta.
Article 8 - Guarantees
JobDelta has compiled the content of the Site with the greatest possible care. However, JobDelta does not guarantee:
- that the Jobseeker is authorized to conclude a potential agreement with the Client;
- that the Jobseeker will actually conclude an agreement with the Client;
- that the information on the Site is correct, complete and current, including the (personal) information provided by Jobseekers, including the CVs;
- that the Site will work without interruption and be error-free; and,
- that JobDelta's systems are free from unauthorized use by third parties.
Article 9 - Disclaimer
The User fully indemnifies JobDelta against all possible claims from third parties in any way arising from and/or related to the use by the User of the Site or with CVs, vacancies and/or company information posted on the Site, including any claim that is based on the claim that the relevant CV, vacancy and/or company information infringes the intellectual property rights of third parties.
Article 10 - References
The Site contains references (for example by means of a hyperlink, banner or button) to third-party websites. JobDelta has no control over these websites. JobDelta is not responsible for the content of these websites.
Article 11 - Security
JobDelta makes every reasonable effort to protect its systems against loss and/or against any form of unlawful use. JobDelta implements appropriate technical and organisational measures for this, taking the latest techniques into account.
Article 12 - JobSeeker Data
12.1 If you as a Jobseeker wishes to make use of JobDelta’s website, you must ensure that your data, including but not limited to, name, address and place of residence data and all information regarding your CV is complete, correct and current. The information provided by you in your CV must be relevant and consistent with the purpose of JobDelta’s website. In addition, you guarantee that you are (legally) authorized to use JobDelta’s website.
12.2 If you add your CV to JobDelta’s website/database you agree (in case you have set the CV to be visible) your CV may be shown to “Recruiter”-type accounts and “Recruiter”-type accounts are able to contact you.
12.3 JobDelta reserves the right to shorten or change the text of the CVs posted. JobDelta also reserves the right to remove CVs from the website in case the content of the CV infringes the rights of third parties, including but not limited to intellectual property rights.
Article 13 - Job Advertiser terms
These specific Advertiser Terms are entered into by you and JobDelta. The term "you" refers to the organisation listed on the account you created, which by doing you represent and you have the authority to agree to this Agreement for that party. You confirm that you are authorized to act on behalf of, and bind to this Agreement, any third party for which you generate advertising. You also agree that:
13.1 All quotations, including offers, from JobDelta are without obligation, unless explicitly stated otherwise.
13.2 Orders from the Client only bind JobDelta after JobDelta has confirmed the order by e-mail, or after JobDelta has announced that it has started the execution of the Agreement.
13.3 All data, including, but not limited to, business data and bank data that must be provided to JobDelta for the performance of the Agreement is complete, correct and current. In addition, you guarantee that you are (legally) authorized to use JobDelta’s website and to purchase the Services.
13.4 You ensure that the description of the vacancy and/or company information posted by you corresponds to reality and is therefore correct, complete and up-to-date and meets the requirements set by JobDelta. You may only post actual, concrete and vacant positions on JobDelta’s website. Within the posted job opening you may not refer to other vacancies that are not listed on JobDelta’s website. By posting the vacancy and/or company information, you give JobDelta permission to add this data on JobDelta’s website or to otherwise use it to provide Services.
13.5 You guarantee that the vacancy and/or company information posted by you does not infringe the (intellectual property) rights of third parties.
13.6 JobDelta reserves the right to shorten, change, refuse or remove (texts within) vacancies and/or company information (including photo and/or video material) from JobDelta’s website if this is deemed necessary by JobDelta without this in any way leading to any right of the Client to compensation and/or refund. Removal may for example take place in the following cases:
- The job posting and/or company information is incorrect, incomplete, not up-to-date, non-existent and/or not concrete;
- Client has placed a CV on JobDelta’s website;
- The vacancy contains a reference to other vacancies not listed on JobDelta’s website;
- The vacancy and/or company information infringes the (intellectual property) rights of third parties or is otherwise unlawful towards third parties;
- The vacancy and/or company information is contrary to the legislation and regulations in force in the Netherlands, including, but not limited to, the Dutch Advertising Code;
- Remove jobs after a certain period of time.
13.7 The log-in data provided by JobDelta are Client-bound and not transferable. However, a login account may be used freely within the Client's own organization. It is technically not possible to use one login account simultaneously with several people.
13.8. The Client must handle the login data provided by JobDelta with care.
13.9 The Client is not permitted to post resumes on JobDelta’s website.
13.10 The conditions applied by JobDelta apply to vacancies regardless of whether they are placed manually or are supplied automatically.
If you gained insight or access to the CV database and/or job openings database created by JobDelta, the following paragraphs of this article apply:
14.1 You acknowledge that JobDelta is a producer of the vacancy database and CV database within the meaning of the Database Act and is the copyright holder of the vacancy and CV database.
14.2 You may only use the vacancy and CV database within your own company for the purpose of recruiting new employees for your company, only to the extent that this is permitted on the basis of the Database Act and other applicable statutory rules.
14.3 You may not disclose data files from the vacancy and/or CV database or parts thereof and do not copy or otherwise reproduce, modify or make available to third parties in any way, download and store in its own database or on its own computer system save, insofar as it has obtained prior written permission from JobDelta.
14.4 You may only use data files from the CV database, or parts thereof, with a view to filling a specific, suitable vacancy that is open at the time of using the CV database and only to the extent that the data files from the CV database, or parts thereof, reasonably connect to this specific vacancy.
14.5 You are not permitted to make improper use of the Services of JobDelta. This implies, among other things, that you are not permitted to use any software and/or hardware-based tools and solutions (in-house management or made available by third parties), if they are aimed at taking over data, or to scrape, search, view, use and/or access the vacancy database and/or resume database.
Article 15 - Confidentiality
Client acknowledges that within the framework of the Agreement it will have access to confidential data from Jobseekers and/or JobDelta. Client obliges itself to keep this confidential data confidential. The Client will treat this information confidentially at all times and will not make it public and/or reproduce it without the prior written consent of the relevant Jobseeker or JobDelta. Confidential information includes, but is not limited to all personal data included in the CV database.
Article 16 - Force majeure
Neither of the Parties is obliged to fullfil any obligation if it is prevented from doing so due to force majeure. Force majeure also includes a non-attributable shortcoming on the part of suppliers and/or other third parties that JobDelta uses.
Article 17 - Research obligation
When placing vacancies and/or company information, the Client is obliged to investigate whether the services the Client wish to obtain will meet its requirements. The Client can request additional information about the Services by contacting email@example.com.
Article 18 - Liability
18.1 The total liability of JobDelta for direct damage due to attributable shortcomings in the fulfillment of the Agreement is limited to the amount that the Client has paid to JobDelta for the relevant Agreement.
18.2 JobDelta is never liable for indirect damage, including consequential damage, lost profit, lost savings, damage due to business interruption and damage due to loss of data.
18.3 JobDelta hereby also excludes any liability for any damage whatsoever, directly and/or indirectly, arising in any way by and/or arising from the use of the Site and/or the Services by the User. More specifically, JobDelta will under no circumstances be liable for any damage whatsoever that arises in any way by and / or arises from:
- acts performed by the Client, such as the conclusion of an agreement, that would have been inspired by information placed on the Site;
- the inability to use (parts of) the Site, including but not limited to photo clips and/or videos;
- the fact that the information on the Site is incorrect, incomplete or not up to date; and
- the unlawful use of JobDelta's systems, including the Site, by a third party.
18.4 The limitations of liability for direct and/or indirect damage included in these terms and conditions do not apply in cases where the damage is due to intent or gross negligence on the part of JobDelta or its employees.
Article 19 - Terms of Payment
19.1 The Client must pay the amount due for the Services in accordance with the method stated on the invoice within the fourteen (14) days after the invoice date.
19.2 All prices on the Site and on the invoice are exclusive of VAT.
19.3 If the payment term is exceeded, JobDelta is entitled to charge interest in accordance with the rate set by law. This interest is owed to JobDelta by the Client by exceeding the payment term, without the need for JobDelta to send a reminder or notice of the payment delay. In addition, JobDelta is entitled to suspend the execution of the Agreement as long as the Client has not fulfilled the relevant payment obligation.
19.4 If JobDelta is forced to request legal assistance to collect the amounts owed, all costs incurred for this, both extrajudicial and judicial, will be reimbursed by the relevant Client to JobDelta.
Article 20 - Certainty
20.1 If there are good reasons to doubt that the Client will not fulfill its obligations promptly and/or in full, the Client is required to provide certainty at the first request of JobDelta in the form desired by JobDelta.
20.2 If the Client does not comply with the request referred to in the previous paragraph within 14 days, JobDelta is entitled to suspend the execution of the Agreement as long as the Client has not complied with the request.
Article 21 - Duration and (intermediate) termination
21.1 Each Agreement is entered into for the period specified therein. Premature termination is not possible, except for the cases mentioned in art. 21.2 and 21.4.
21.2. Each of the parties also has the right to terminate the Agreement if the other party, after a proper and as detailed as possible written notice of default, providing a reasonable period for clearing the shortcoming, continues to fall short in the fullfilment of obligations under the Agreement.
21.3 If, at the time of the dissolution as referred to in Article 21.2, the Client has already received services for the performance of the Agreement, these services and the related payment obligations will not be subject to cancellation, unless JobDelta is in default with regard to those services.
21.4 In the event that one of the parties is in a state of bankruptcy, requests suspension of payment or ceases operations, the other party has the right to terminate the Agreement without observing a notice period, all this while retaining rights.
Article 22 - Miscellaneous
Dutch law applies to these Terms and Conditions. All possible disputes are submitted to the competent court in the Netherlands. The Terms and Conditions can be adjusted by JobDelta at any time. JobDelta recommends that you regularly view the General Terms and Conditions. If and insofar as any provision of these General Terms and Conditions is declared null and void or is declared void, the remaining provisions will remain in full force. JobDelta will then adopt a new provision to replace the invalid / voided provision, whereby the scope of the invalid / voided provision will be taken into account as much as possible.
If you have any questions or doubts, please contact us via firstname.lastname@example.org.