Job board terms and conditions

Terms and Conditions for Job Posting and Platform Use: Studentjob.nl, Studentjob.be, Studentjob.de, Studentjob.fr, Studentjob.es, Studentjob.se, Studentjob.co.uk, Studentjob.ie, Studentjob.at, Studentjob.ch, Jobbird.com, Jobbird.com/de/, Jobbird.com/nl/ en Uitzendbureau.nl, Scholierenwerk.nl, Stage.nl, Studentenwerk.nl, Parttimewerk.nl, It-vacatures-online.nl, Vacatures-overheid-online.nl, Bijbaan.nl, Vakantiewerkonline.nl, Winkel-vacatures-online.nl, Financiele-vacatures-online.nl, Bijbanen.nl, Nebenjob.de.

By posting a job on one of our platforms, you confirm that you have read, understood, and agree to these terms and conditions. Acceptance of these terms is required for using our services and websites.

Article 1 - Definitions

1. The Platforms are part of YoungCapital Holding B.V., located at Siriusdreef in Hoofddorp, registered with the Chamber of Commerce in Amsterdam under registration number 34199418.

2. Definitions:

   Client	The legal entity using the services of one of the platforms, as described on the respective websites.
   Agreement	The service agreement between one of the platforms and the client, deemed concluded upon submission of the job posting and/or request for another service, together with a (possibly separately sent) written confirmation of the agreed rate.
   Response	All response data from candidates to a posted vacancy.
   Written	Communication via email, mail, or other communication means.
   Match	The actual employment of a candidate with the client.
   Account	The account you can create as a jobseeker or client through the website of one of our platforms. With an account, you can either freely or paidly access all functionalities within the website’s private section.
   Platforms	In the context of these terms and conditions, "Platforms" collectively refers to the online services provided through the websites and associated domains of Studentjob.nl, Studentjob.be, Studentjob.de, Studentjob.fr, Studentjob.es, Studentjob.se, Studentjob.co.uk, Studentjob.ie, Studentjob.at, Studentjob.ch, Jobbird.com, Jobbird.com/de/, and Uitzendbureau.nl. When these terms mention "Platforms," they implicitly refer to the collective functionality, services, and content offered by all the aforementioned websites as a unified whole, regardless of the specific website accessed or used within this network.
   Services	This term refers to all online functionalities, tools, content, and other services offered through the platforms. This includes, but is not limited to, job posting, job searching, job application responses, direct mailings, top listings, and the ability to create an account to access additional functionalities. The term "Services" also includes all updates, upgrades, new versions, replacements, corrections, and improvements to the offered services, whether provided for a fee or free of charge.
   Use	“Use” refers to any form of interaction with the platforms, including but not limited to visiting the websites, creating an account, posting a job, searching for jobs, responding to jobs, sending and receiving messages through the platforms, and participating in other activities provided by the platforms. Use includes actions taken by registered users logged into their accounts and visitors browsing the websites without being logged in.
   Applicant	An "applicant" refers to an individual who, in addition to clicking the 'Apply' button for a specific job posted on one of our platforms, subsequently undertakes the required action by filling out and submitting their personal and professional information as part of the application process. This may include filling out an online application form, uploading a CV and/or cover letter, or completing an application process hosted directly on our platform or via an external link to the client’s website. An individual is considered an "applicant" only after these steps have been successfully completed, and the application has been submitted to the client or designated recruitment team.
   Click	A "click" defines the action in which a user clicks the 'Apply' button or similar call to action within a job ad on one of our platforms. The "Click" refers specifically to the initial action of interest or intent to apply, without necessarily resulting in completing an application process. A "Click" may lead the user to another part of our platform with more information about the application procedure or to a client’s external website where the user can continue the application process. The counting of a "Click" occurs at the moment of this initial action, regardless of whether the user decides to complete the application process.

Article 2 - Applicability

1. These terms and conditions apply to all quotes, activities, and agreements of the platforms. After termination of an agreement, these terms remain applicable unless the parties have explicitly agreed otherwise in writing. If an agreed deviation is made, the client cannot derive rights from it for future assignments. Any terms and conditions used by a client are expressly rejected by the platforms. These terms and conditions are available for inspection at the Chamber of Commerce in Amsterdam.
2. If one or more provisions of these terms and conditions are found to be invalid or unenforceable, the remaining provisions will remain in effect.

Article 3 - Websites

1. No rights can be derived from the use of the platforms. The platforms do their utmost to present the information they distribute on the website fully and up-to-date. It is expressly prohibited to reproduce or (re)publish (part of) the website or the information listed on it without prior written permission from the platforms. The platforms accept no liability for any damage, in any form, arising from the use of the website, the services offered, or otherwise. Contact information may not be included in the job posting on the websites.

Article 4 - Services and Rates

1. The platforms provide various types of services. The services and rates described on the platforms' websites vary and may include job posting, direct mailings, top listings, job credits, resume credits, and more. All rates are exclusive of VAT. The different types of services can be purchased online through one of the platforms or quoted separately.
2. If the quote and/or offer is not signed, the client is deemed to have accepted the offer when the client begins using the platform. The above also applies in the case of direct purchase via the platform itself.
3. The client is obligated to pay the agreed rate, regardless of whether a match with the candidate occurs in relation to the job posting.
4. The services described in the companies section of the platforms primarily aim to recruit candidates for employment as (temporary) staff.
5. Using our platform does not in any way imply an employment relationship between any of the platforms and the candidate. The platforms only serve as a source where candidates and clients can find each other. The application procedure, communication, and further handling of the application are handled directly between the candidate and the client. The platforms are not responsible for the selection, hiring, employment conditions, or any labor-related aspects between the candidate and client.

Article 5 - Job Posting Procedure

1. Through the corporate section of the websites, the client may post a job following the procedure described there and using the available data fields. Candidates can respond to jobs posted by the client via the platforms. Jobs are displayed anonymously, except for the company name and logo, meaning the client’s contact information is not available in the job database. The client can specify basic, objectively verifiable criteria that candidates must meet. The platforms do not guarantee a certain number of matches during the advertisement period.

Article 6 - Job Credits and CV Credits

1. Job Credits on StudentJob: Credits on StudentJob grant employers the right to post a job for one month. These credits are specifically for publishing jobs on the StudentJob platform and are valid for one year after purchase. After this period, StudentJob reserves the right to expire the credits without notice.
2. CV Credits: On all platforms, CV Credits grant clients access to view candidates' CVs, allowing employers to actively search for suitable candidates in the database on the agreed platform. These CV credits are valid for one year after purchase.

Article 7 - Changes to Terms and (Pricing) Conditions

1. The platforms reserve the right to modify the terms and prices of services at any time. Price adjustments are expected to be reasonable and fair.
2. By accepting these terms, the client agrees in advance that these general terms and prices may be unilaterally amended. These terms replace any previous versions.

Article 8 - Client Obligations

1. The client is fully responsible for providing an accurate and complete company profile and job description. The platforms are authorized to adjust the job text without changing its essential content. To avoid prohibited discrimination, particularly based on religion, beliefs, political opinions, gender, race, age, or any other grounds, the client must avoid any form of prohibited discrimination, specifically in the job description. The platforms reserve the right to reject texts that are unethical, promote illegal behavior, or are discriminatory. The client indemnifies the platform against any consequences of prohibited discrimination.
2. The client is required to respond substantively to all responses sent by the platforms in relation to a job posted on the website as part of the agreed service.
3. When using candidate CV information, the client commits to limiting the use of reviewed and obtained candidate data strictly for the specific job posted on the platform's websites, unless the candidate has given explicit consent for other use. The reviewed and obtained candidate data is confidential and remains the property of the platforms. The client is prohibited from making this information available to third parties unless necessary for filling the specific job. Any breach of confidentiality by a third party will be considered a breach by the client.
4. We highly value satisfied customers and candidates. Therefore, we request that you process applications promptly (our recommendation is within three days) to maintain a high-quality candidate database.
5. Applications older than six weeks will no longer be viewable.

Article 9 - Execution of the Agreement

1. The platforms reserve the right to decline a request to post a job without providing reasons, and thereby not convert the request into an agreement for posting on the site.
2. In the execution of the agreement, the platforms have a best-effort obligation to connect candidates and clients, with no obligation for a guaranteed outcome. If the platforms provide additional selection services, they accept no liability for damages suffered by the client.
3. The platforms are not liable if the candidate does not meet the client’s expectations, the candidate withdraws from a match, and/or if a confirmed match appointment is not met or only partially met. The platforms will execute the agreement to the best of their knowledge, abilities, and in accordance with good professional standards.
4. The platforms reserve the right to engage third parties to perform certain tasks. If, during the execution of the agreement, it becomes necessary to modify or supplement the work, the parties will timely and mutually adjust the agreement as appropriate.
5. If modifications or additions to the agreement have financial and/or qualitative consequences, the platforms will inform the client in advance. The platforms are not liable for delays, errors, or incomplete information provided by the client if the fulfillment of obligations depends on that information. Agreements and commitments by the platforms are only binding if they have been confirmed in writing.
6. The platforms are not responsible for the accuracy, currency, or completeness of information in the candidate’s CV. The platforms do not modify candidate information.

Article 10 - Payment Method

1. Fixed Monthly Amount

   If a subscription is agreed upon for a fixed monthly amount, an invoice will be sent automatically in advance.

2. Pay Per Applicant or Click

   If it is agreed with the client that a monthly amount will be charged based on the number of applications or clicks, the following applies: The monthly fee for the service is calculated based on the number of applications or clicks (also known as start applies or redirects) received. Clients must pay for all applicants, regardless of the outcome of the applications.
3. All costs of collecting outstanding invoices are entirely the responsibility of the Client. The compensation for extrajudicial costs is set at a minimum of 15% of the principal amount owed, excluding interest, with a minimum of €250 (two hundred and fifty euros) per claim. If the actual costs exceed 15%, the platforms are entitled to charge these actual costs.
4. The Client is always obliged to pay any invoice submitted by the platforms within fourteen calendar days of the invoice date. If an invoice is not paid within this period, the Client is in default by operation of law, without notice of default, and owes interest of 1% per month, with any part of a month being counted as a full month. The Client is not permitted to suspend payment or offset it.

Article 11 - Inspection, Complaints

1. Defects, errors, and/or complaints about the performed work or invoice must be reported in writing by the Client within 8 days after discovery, but no later than 14 days after completion of the work in question. The notice of default must include as detailed a description as possible of the shortcoming, allowing the platforms to respond adequately. If a complaint is justified, one of the platforms will still perform the work as agreed, unless it has become demonstrably pointless for the Client. In such a case, the Client must notify the platform in writing. If performing the agreed work is no longer possible or meaningful, the platform's liability will be limited within the bounds of Article 12.

Article 12 - Termination and Dissolution

1. The platforms are entitled to dissolve the agreement if:
   • The Client does not fully comply with the obligations under the agreement.
   • Circumstances that became known to the platforms after the agreement provide valid reasons to fear that the Client will not fulfill the obligations.
   • The Client was requested to provide security for the fulfillment of their obligations under the agreement and fails to do so or provides insufficient security.
2. Furthermore, the platforms are entitled to dissolve the agreement if circumstances arise that make compliance impossible or unreasonable, or if other circumstances arise making it unreasonable to maintain the agreement in its unchanged form.
3. If the agreement is dissolved, the claims of the platforms on the Client become immediately due. If the platforms suspend the fulfillment of their obligations, the platform retains its legal and contractual rights.

Article 13 - Liability and Indemnities

1. The platforms are not liable for damages of any kind resulting from reliance on incorrect or incomplete information provided by the Client.
2. The platforms are never liable for indirect damages, including consequential damages, lost profits, missed revenue/savings, and damages due to business interruption. The platforms’ liability is limited to the maximum amount invoiced for the service from which the damage originated.
3. Clients are liable, under Article 6:170 of the Dutch Civil Code, for damages caused by those working under their supervision and will indemnify the platforms in such cases, including damages caused by employees recruited through the platforms.
4. The Client indemnifies the platforms against third-party claims concerning intellectual property rights on materials or data provided by the Client used in the execution of the agreement.
5. If the Client provides the platforms with data carriers, electronic files, or software, they guarantee that these data carriers, files, or software are virus-free and defect-free.
6. The platforms are not responsible for securing the user data stored on systems. They accept no liability for damages of any kind resulting from the use of data carriers, electronic files, or software provided by the platforms.
7. The platforms are not liable for any damages or losses arising from the accidental disclosure of candidate data, such as CVs, to unauthorized third parties due to the use of the platforms. Users should be aware that, despite efforts to protect user data privacy and security, sharing personal information online may entail risks beyond the control of the platforms.

Article 14 - Force Majeure

1. The parties are not obligated to fulfill any obligation if they are hindered by circumstances that are not due to fault and do not fall under their responsibility according to the law, legal act, or generally accepted standards.
2. In these general terms, "force majeure" for the platforms includes all external causes, foreseen or unforeseen, beyond the platforms’ control that make it impossible or unreasonable to fulfill obligations. The platforms will inform the Client of a (potential) force majeure situation as soon as possible.
3. The platform may suspend obligations during the force majeure period. If this period exceeds two months, either party may terminate the agreement without any obligation to compensate the other party. To the extent that the platforms have already partially fulfilled obligations under the agreement at the time of the force majeure or will be able to do so, and if the fulfilled portion has independent value, the platforms are entitled to invoice this portion separately. The Client is obligated to pay this invoice as if it were a separate agreement.

Article 15 - Confidentiality

1. Both parties are obligated to maintain the confidentiality of all confidential information obtained in the context of their agreement from each other or other sources. Information is considered confidential if it has been communicated as such or arises from the nature of the information, provided that it is not accessible from a general source.
2. If, due to a legal provision or court ruling, the platforms are required to disclose confidential information to designated third parties by law or the competent court, and the platforms cannot invoke a recognized or permissible legal privilege, the platforms are not obligated to pay damages or compensation, and the Client is not entitled to terminate the agreement due to any resulting damages.

Article 16 - Privacy

1. The personal and company data provided by the Client and/or candidate via the electronic registration form or otherwise made available to the platforms are managed in an automated file in accordance with applicable privacy laws.

Article 17 - Intellectual Property and Copyrights

1. All reports, advice, agreements, designs, sketches, drawings, software, etc., provided by the platforms are intended solely for use by the Client and may not be reproduced, stored in an automated data file, published, or otherwise disclosed to third parties without the platforms' express prior written permission. Intellectual property regulations, including copyright, patent rights, and trademark rights, apply to Article 17, paragraph 1, and Article 3, paragraph 3.

Article 18 - Disputes and Applicable Law

1. These general terms and all agreements arising from or related to the services offered on the above-named websites and platforms are governed exclusively by and interpreted in accordance with Dutch law.
2. Disputes will be exclusively submitted to and settled by the competent Dutch court after parties have attempted to resolve the dispute through mutual consultation, unless mandatory legislation or international treaties stipulate otherwise.

Article 19 - Additional Terms

1. Vacancies posted on Jobbird.com and StudentJob.nl may originate from both direct employers and temporary employment agencies. However, only vacancies from temporary employment agencies may be posted on Uitzendbureau.nl. In the context of our service, it is important that all invoices related to provided services are paid within the specified timeframes.

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