Terms and Conditions
Last modified on: April 25 2019
Article 1. Applicability of these terms
1. These Terms and Conditions apply to each offer and any agreement between the Contractor The Sustainable Recruiter acting under the name of Greenjobs, to be referred to as Greenjobs and Client, to which Greenjobs declared these terms applicable, insofar as these terms have not been expressly deviated from the terms.
2. The General Terms and Conditions of the Client shall only apply (additional) if explicitly agreed upon.
Article 2. Definitions
These terms and conditions include:
Client: A legal person or a natural person, or a number of jointly acting persons, or not, legal entity, which Greenjobs instructs to perform and provide Services.
Greenjobs: Contractor The Sustainable Recruiter acting under the name Greenjobs (registered at the Chamber of Commerce under number 70646473), owner and operator of the website www.greenjobs.nl as well as associated and owned as - Other domain names, various internet groups (including Social Media Platforms) acting under the Greenjobs (or similar), which are demonstrably owned or affiliated with Greenjobs .
Activities: All activities assigned to, or arising out of, or directly related to, the assignment, or to be carried out in the broadest sense of the word and at least including the Activities as mentioned In order confirmation.
Agreement: The Agreement between Client and Greenjobs, which allows the Client to use services offered Greenjobs.
Platform: Greenjobs web site www.greenjobs.nl and the groups and profiles registered on various internet sites (including social media) with Greenjobs, Greenjobs Netherlands, which have a direct link with Greenjobs.
Services: offered by Greenjobs Services. This also includes the publication of Presentations by Client and other products on the Platform including the related Activities by Greenjobs. Services provided by Greenjobs on the Platform, provided that, for these Services, the Client does not enter into a separate agreement with third parties. In that case, these terms of delivery will expire and make this place subject to the General Delivery Terms of these third parties who perform these Services or Activities for the Client.
Presentation: A vacancy, logo or company presentation of the Client placed on the Platform.
Candidates: Individuals who present on the Platform, post a CV, search for vacancies or otherwise follow the Platform.
Article 3. Presentation and Agreement
1. All offers from Greenjobs are free of obligation, unless expressly stated otherwise.
2. An agreement with Greenjobs is made after confirmation by Greenjobs in writing, via the website or by e-mail, whether the Presentation Room on the Platform or Login Account is actually made available to the Client. Asked.
3. Extended additions to and / or amendments to the Agreement shall be agreed in writing by authorized representatives of the Parties. Additions and / or changes made by non-authorized, may be dissolved by both Greenjobs as Client.
Article 4. Implementation of the Agreement
1. Greenjobs will perform the Agreement to the best insight and ability and in accordance with the requirements of good workmanship.
2. In the event and insofar as proper implementation of the Agreement requires this, Greenjobs has the right to make certain Activities by third parties.
3. The Client shall ensure that all information, which Greenjobs indicates that these are necessary or whose Client reasonably should understand that they are necessary for the performance of the Agreement, shall be provided to Greenjobs in a timely manner. If the information required for the execution of the Agreement is not provided to Greenjobs in a timely manne, Greenjobs has the right to suspend the performance of the Agreement and / or the additional costs resulting from the delay in accordance with the usual To charge tariffs to the Client.
4. Greenjobs is not liable for any damage whatsoever due to the fact that Greenjobs assumed incorrect and / or incomplete data provided by the Client, unless this incorrectness or incompleteness should be known to her.
5. In the event that the Agreement will be implemented in stages, Greenjobs may suspend the execution of those parts that are up to a further phase until the Customer has approved the results of the pre-existing phase in writing.
Article 5. Acceptance and Termination of the Agreement
1. Greenjobs may at any time, without giving reasons, refuse to terminate, cancel or suspend orders without giving rise to any liability for damages in the event of a Client who is not at The targets of Greenjobs or improper use of Greenjobs Services. This authority of Greenjobs also applies to Services already partially implemented.
2. In situations other than those mentioned in 5.1, each of the parties may dissolve the Agreement by registered letter, if the other party continues to comply with a due notice after a valid written notice, setting a period of at least 30 days. Of essential obligations arising from the Agreement.
3. Greenjobs is entitled to terminate the Agreement without notice by written notice with immediate effect, in whole or in part, if the Client is granted provisional or temporary suspension of payment if the Bankruptcy of the Client is requested or pronounced or If the Client's Company is liquidated or terminated other than for the purpose of reconstruction or merger of companies. Greenjobs will never be obliged to pay any damages in case of such termination. Amounts invoiced by Greenjobs for the dissolution related to what they have already performed or delivered in the performance of the Agreement will remain unaffected and will be due immediately upon the date of the dissolution.
4. If the placement of a vacancy for the term of the agreed term is terminated by the Client, this will automatically terminate the right to relocate this vacancy.
Article 6. Contract
1. The Rights and Obligations of the Agreement Closed by Client with Greenjobs may not be transferred (partially) to third parties or used by third parties.
2. Upon acquisition of the Client's business, the rights and obligations of the Agreement with Greenjobs shall expire. A possible transfer of rights and obligations from current Client to a new Client may only be considered if a written request has been submitted to Greenjobs . Greenjobs will, on the basis of this request, decide whether the rights and obligations of the Agreement will be granted in whole or in part to new Client. In this case, the new Client will receive a confirmation from Greenjobs .
Article 7. Rates and prices
1. Greenjobs is entitled to change products, rates and / or prices. In case of price increase after the Agreement has been concluded, but prior to its implementation, the Offer will be subject to the quoted prices and / or prices, provided that the Offer has been accepted by the Client within the aforementioned term.
2. All prices are in euros, excluding VAT, unless expressly stated otherwise in writing. Greenjobs is entitled to calculate any change of the VAT rate to the Client.
Article 8. Payment
1. Greenjobs applies a payment period of 14 days after the invoice date by transfer of the amount due to the bank account specified by Greenjobs. After 14 days after the invoice date, the Client is in default; From the moment of default, the client is liable for interest on the statutory interest, plus 2%.
2. In the event of liquidation, bankruptcy, surrender of payment by the Client or when the statutory debt relief scheme applies to individuals, the Client's obligations shall be immediately due. 3. Payments made by the Client are primarily due to all interest and costs due, secondly, of the most indebted invoices which are the longest available, even if the Client indicates that the payment relates to a subsequent invoice.
Article 9. Collection costs
1. In the event that the Client is in default or in default of fulfilling one or more of his obligations, all reasonable costs for obtaining compensation will be paid out of court by the Client. In any case, the Client owes at least 15% of the invoice amount (with a minimum of € 150, -).
2. If Greenjobs appear to have incurred higher costs, which were reasonably necessary, they also qualify for compensation.
3. The client is liable for Greenjob's legal costs incurred by Greenjobs in all instances, except as the Client shows that they are unreasonably high. This applies only if Greenjobs and Client in relation to an agreement to which these terms and conditions apply, conduct a judicial process and a judgment is in force, in which the Client is wholly or largely unlawful asked.
Article 10. Presentations
1. Reports in Presentations must comply with the requirements of the Dutch Advertising Code Commission. In addition, Greenjobs reserves the right to modify the text and form of all expressions offered for placement on the Platform to comply with the statutory requirements. These include the Personal Data Act and the labor law and anti-discrimination laws, especially regarding the recruitment and selection of employees.
2. In the event of Placement of a Client's vacancy on the Greenjobs Platform, this Client's information is disclosed solely on the Platform, with the purpose of enabling interested persons to respond to the vacancy and present themselves as Candidate.
3.The Client is not allowed to refer respondents to posted vacancies by referring to, referring to, or by any means, paying attention to (third party websites), including, in particular, recruitment- And selection companies in the broadest sense of the word.
4. When posting a vacancy, the Client undertakes to inform respondents correctly.
5. To gain insight in website-user results, Greenjobs wants its Candidates to respond on vacancies via the 'Apply' button.
A. When posting a vacancy, it is not allowed for the Client to add an email address. This will be deleted by Greenjobs, unless otherwise agreed.
B. When posting a vacancy, it is not allowed for the Client to refer to a direct vacancy or career page (by hyperlinking). This will be deleted by Greenjobs, unless otherwise agreed.
6. If a Client's vacancy has been fulfilled, this must be disclosed by the Client to Greenjobs. Via the login information e-mail provided to the Client, the vacancy must to be taken off the website. The Client follows the instructions and withdraws the fulfilled vacancy him/herself.
7. Unless otherwise stated in this article, the Client shall at any time refrain from the improper use of the Services, the Platform and the data that may be accessed through the Services or Platform. Incorrect use is understood as follows:
A. Unsolicited and without prior permission sending e-mails or other electronic messages of a commercial nature to Platform Candidates who do not qualify for a vacancy; B. Approaching Candidates for other commercial purposes than the Client has reported to Greenjobs , including the provision of employment mediation without a specific job offer; C. Requesting or reusing of substantial portions of the content of the Greenjobs database (s) through automated means, such as using a search program, or otherwise via the Platform or parts thereof.
8. If Greenjobs has a reasonable suspicion of improper use by the Client, Client Greenjobs is owed an immediately due penalty of € 2,000, - (two thousand euro) per event, and is Greenjobs entitled to dissolve the Agreement with the Client immediately. In addition to a fine, a compensation can be claimed under the law.
Article 11. Use Candidate Data
1. The Client is expressly and exclusively permitted to use the data of registered Candidates (CVs) for the purpose of approaching them for concrete and prospective jobs relevant to the Client for Client placed by the Client on the Platform.
2. The use of the Candidate data for purposes other than fulfilling a vacancy and / or for any vacancy other than that placed by the Client on the Platform is not permitted. When using the data in violation of the provisions of this article (paragraphs 1 and 2), the Client will miss Greenjobs a direct claimable fine of € 2,000, - (two thousand euro) per offense or per Candidate.
3. Greenjobs is permitted to use the data of registered Candidates (CVs) for the purpose of approaching them for concrete and prospective jobs relevant to the Candidate.
4. Greenjobs offers two kinds of Services to Candidates:
- CV& LinkedInchecks: Greenjobs offers Candidate useful feedback on cv/LinkedIn-page (according to a fee of 29 euros, unless otherwise agreed) or rebuilts the cv/LinkedInpage completely (according to a fee of 65 euros, unless otherwise agrees). Greenjobs determines when the Service is finished and further changes are not to be made anymore.
- Job coaching: Greenjobs offers job coaching by a profesional job coach, according to a fee agreed upon by the Coach and Candidate. 4. Greenjobs biedt twee soorten Diensten aan Kandidaten: - CV- & LinkedInchecks: Greenjobs geeft Kandidaat bruikbare feedback op het cv en het LinkedIn-profiel volgens de afgesproken vergoeding (€29,- tenzij anders overeengekomen) of bouwt het cv en het LinkedIn-profiel verder op (€65,- tenzij anders overeengekomen). Greenjobs bepaalt geheel zelf wanneer de taak volbracht is en geen verdere wijzigingen meer aanbrengt aan de geleverde Dienst. - Loopbaanadvies: Greenjobs verleent loopbaancoaching door een externe loopbaancoach volgens een tussen de coach en Kandidaat te bepalen vergoeding.
Article 12. Confidentiality
Both parties are required to maintain confidentiality of any confidential information they have obtained from one another or from another source under their agreement. Information is confidential if notified by the other party or if it is due to the nature of the information.
Article 13. Intellectual Property
1. Without prejudice to Article 12 (Secrecy) of these Terms, Greenjobs reserves the rights and powers conferred upon it by virtue of the Copyright Act.
2. All intellectual property rights in respect of products and materials related to the preparation and execution of an Agreement, whether or not developed by Greenjobs for the Client, shall reside with Greenjobs or Client. Client refuses to make an infringement of intellectual property rights.
3. Greenjobs also reserves the right to use the knowledge acquired by the execution of the Services for other purposes, provided that no confidential information is disclosed to third parties.
Article 14. Liability
1. The Client shall provide to Greenjobs all necessary information that the Client knows or should reasonably know that it is important for the proper execution of the Agreement by Greenjobs. If it appears that the Client has not provided sufficient information that prevents a proper execution of the Agreement, Greenjobs is not liable for this.
2. Greenjobs may, without prior notice, discontinue or discontinue the Platform (temporarily) to the extent necessary for the reasonably necessary maintenance or for the necessary adjustments or improvements to the system without causing the right to damages by the Client towards Greenjobs arises.
3. In the event that communications between Greenjobs and Client are done using electronic means, such as email and other forms of data traffic, both parties will ensure a standard virus and spam protection. Greenjobs is not liable for any damages arising from the transmission of viruses and / or other irregularities in electronic communications, and for non-or damaged messages.
4. The client must secure the own computer system in such a way that third parties can not provide unauthorized access.
5. For all direct damages caused by the Client, in any way related to or caused by non-timely or inadequate execution of the Agreement, Greenjobs will, at the client's discretion, pay a fee of at most the Invoice value of delivered, or delivered free of charge. Until further damages, Greenjobs are never mandatory.
6. Presentations must be checked by Client after appearance of any errors. Upon repeated placement, Greenjobs is solely responsible for errors that have been submitted in writing and / or via e-mail after the first but for the second placement.
7. For all indirect damages, including stagnation in the regular course of business in the Company's business, in any way related to or caused by an error in the execution of the work by Greenjobs, this is Never liable.
8. Greenjobs shall not be liable for damages or omissions during shipping or postage by post, regardless of whether the shipment or shipment is made by or on behalf of Client, Greenjobs or third parties.
9. The Client indemnifies Greenjobs against all third-party claims that are directly or indirectly, directly or indirectly, linked to the performance of the Agreement.
10. Claimers' claims should be submitted within one month after the discovery of a particular damage, in the absence of which the Client has processed his rights.
11. Greenjobs accepts no responsibility for damages arising from the use of the Platform and / or Services by Client or third parties and for all possible consequences thereof, including network malfunctions and performance issues.
12. The Client indemnifies Greenjobs for all third party claims for damages as a result of the Client Specified Presentation. Client indemnifies Greenjobs for any third party claims regarding the texts and data placed by the Client on the Platform.
13. Direct liability of any advisors acting on behalf of Greenjobs is excluded.
14. Greenjobs is in no case liable for any damage by or in connection to its Services. At any time, the Client is responsible for his / her own decisions during the process of the Service. Greenjobs can in no case guarantee that the Services bring the desired results. Greenjobs will execute the Agreement as good as possible but can never be addressed upon possible disappointing results from the Service.
Article 15. Force majeure
1. Under force majeure is understood to mean circumstances which prevent compliance with the commitment and which are not attributable to Greenjobs . Below (if and in so far as these circumstances render impossible or unreasonable compliance) include a general lack of suitable candidates and other business or services required for the achievement of the agreed performance.
2. In all situations of force majeure, Greenjobs have been fired from any obligation to comply with the Agreement, as long as the relevant impediment persists. Claim for damages in such cases is excluded.
Article 16. Deficiencies; Complaint deadlines
1. Complaints made by Greenjobs Services must be reported to Greenjobs in writing within 14 days after discovery, but no later than 30 days after completion.
2. If a complaint is based, Greenjobs will still perform the Work as agreed, unless it has become meaningless for the Client. The latter must be disclosed by the Client. If it is no longer possible to provide the agreed service, Greenjobs will be liable only within the limits of Article 14 (Liability).
Article 17. Modification of the terms
Greenjobs is authorized to make changes to these terms. These changes will take effect on the announced date of entry into force. Greenjobs will make known to the Client a change of terms in time. If no date of entry into force has been notified, changes to the Client will take effect once it has been notified of the change.
Article 18. Applicable law
On any agreement between Greenjobs and Client, Dutch law applies.
Article 19. Dispute Settlement
By way of derogation from the legal rules for the jurisdiction of the civil court, any dispute between Client and Greenjobs, in case the court is competent, will be settled by the District Court in Amsterdam.