Terms and Conditions

The following Terms and Conditions apply to all products and services provided by Werken bij Merken BV and labels.

Address Werken bij Merken BV :

Werken bij Merken BV
Peppelkade 64A
3992 AK HOUTEN
The Netherlands

Chamber of Commerce: 30261667 in Utrecht
VAT number: 820760274B01

Werken bij Merken and CompanyMatch.me are registered trademarks of Werken bij Merken BV.

Article 1 Definitions

Definitions of Terms and Conditions:

Terms and Conditions:
These Terms and Conditions.

The Registered Company:
Werken bij Merken BV, from here on referred to as WBM

Clients:
The physical or legal entities who entered the agreement or person(s) who use the Services.

Account Holders:
Visitors to the Site who have created a user account and manage their personal details via the online portal.

Services:
Any services provided by WBM such as the creation and placement of an employer profile on the Site, advertising on the Site, the placement of company information on the Site, matching Account Holders with Clients on the basis of questionnaires and/or other matching criteria, the formatting of reports etc.

Widget:
Widget created and made available by WBM, also referred to as ‘CompanyMatch widget’, used to make (online) matches between Account Holders and Clients.

Site:
Publicly accessible site provided on the Internet by WBM through the addresses www.companymatch.me

Article 2 General

2.1
These Terms and Conditions are applicable to all of WBM’s offered Services as set out in agreements between WBM and Clients and Account Holders.

2.2
Deviations from these Terms and Conditions are only valid if these have been explicitly agreed upon in writing.

2.3
Potential Client purchasing terms or other conditions do not apply unless agreed otherwise in writing.

2.4
If any condition of these Terms and Conditions is rendered void or annulled, the remaining conditions of these Terms and Conditions will remain in force fully. WBM and/or Client will enter into consultation with the intention to come to an agreement with regard to new conditions to replace the void or annulled condition. During this consultation, the aim and the scope of the void or annulled condition will be taken into account as much as possible.

2.5
WBM has the right to alter these conditions and/or to add to them and to clarify the applicability to existing agreements. Changes and/or additions come into force 30 (thirty) days after their publication on the Site or on a later date which will be announced in the publication.

2.6
At all times WBM reserves the right to refuse Services without explanation. Reasons to refuse Services could include but are not limited to: copy, expressions, images, advertisements or other material that are deemed to contravene with good taste, general public opinions or are illegal.

2.7
Clients are strictly forbidden to provide Account Holders’ (personal) data to third parties or copy and hold this data on Client databases. If applicable Client access to Account Holders’ data is restricted to those individuals registered as Client administrators with WBM.

The use of Account Holders’ data, if applicable, is limited to the information provided by the Account Holder to to the Client through WBM. Usage should be limited to the reasons for which the Account Holder agreed to share the data with the Client.

With regard to Clients or intermediaries, such as recruitment agencies, Account Holders may not be approached by employees of third parties or suppliers related to Clients that provide recruitment services for said Clients.

In all circumstances misuse will lead to the direct removal from the Site while the costs related to the misuse and termination of the agreement will be charged to the Client without prior notification.

Article 3 Quotes and Contract Agreements

3.1
All of WBM’s Quotes are non-committal unless agreed otherwise in writing. WBM has the right to decline orders without providing motivation.

3.2
Any Contract Agreement with WBM is final as soon as the Client has (verbally or in writing) given approval or has been confirmed the online order on the Site. The Client will immediately, or as soon as possible, receive an order confirmation with an overview of the agreed Services. Any additions and/or changes to the agreement have to be agreed upon in writing by the authorised representatives of both parties.

Article 4 Prices, Payment and Automatic Renewal

4.1
All prices for offered products and services are listed in British Pounds and exclusive of VAT.

4.2
WBM will invoice the Client for agreed Services. Invoices will have to be paid in accordance with the payment terms stated on the invoice. Payments are to be made within 30 days of the invoice date unless agreed otherwise in writing.

4.3
If the Client fails to pay outstanding fees within the agreed payment deadline the Client will be required to pay interest over the outstanding sum. WBM is not required to give notice for this to come into effect. If sums due remain unpaid after a final notice the Client will also be liable and charged the full costs to retrieve sums unpaid, both in and out-of-court. The minimum charge will be 15% of initial outstanding fees. While not diminishing the aforementioned, WBM will have the right to delay or terminate services provided due to non-payment. The Client will not be entitled to any restitution or compensation in return.

4.4
WBM reserves the right to revise its rates. WBM will place such a rate revision on the Site with thirty (30) days notice. If a Client does not agree with such revisions the Client has the right to end the agreement in writing within fourteen (14) days of the publication on the Site. If the Client has not ended the agreement within the mentioned period of fourteen (14) days, the Client will be considered to have agreed to the new rates.

4.5
At all times WBM has the right to secure payment by the Client in advance of providing services through, for instance, a bank guarantee, advance payment or payment in full.

4.6
WBM will invoice 100% of the agreed Service(s) and period upon signing the Agreement regardless of the effective start date. Agreements exceeding 12 month periods will be invoiced annually for the duration of the Agreement unless agreed otherwise between both parties.

4.7
Services will be automatically renewed at the end of the Agreement for an equal period as the previous Agreement unless the Client has expressed their wish to cancel or terminate the Services. Notice of termination needs to be given to WBM in writing 60 days prior to the end date of any current Agreement.

Article 5 Liability

5.1
WBM’s liability with regards to attributed deficiencies in the fulfilment of the Agreement is limited to the compensation of direct damages with a maximum amount equal to the Agreement’s invoiced value. Direct damage can only be defined as the damage that is directly and inextricably linked to the damaging event.

5.2
WBM is not liable for indirect damages, which is understood to refer to consequential damage, lost profit, missed savings opportunities, company stagnation and any other damage not referred to in article 5.1.

5.3
WBM accepts no liability for damage arising from the use of the Site and/or Services by the Client or third parties nor for any potential consequence thereof, which includes network service interruptions or performance problems. WBM cannot be held liable or responsible for any potential claims arising from third parties in connection to content placed or information held on the Site by the Client.

Article 6 Termination

6.1
Each of the parties is entitled to dissolve the Agreement out-of-court if the other party, after giving a detailed written notice of at least 30 (thirty) days to address the shortcomings, continues to fall short of fulfilling obligations as stated in the Agreement.

6.2
If an Agreement, which in its nature and content does not have a completion date, has been entered for an undefined length of time, it can be terminated in writing by either party after proper business consultation and with the provision of reasons. If the parties have not agreed a specific cancellation notice period, a reasonable notice period has to be maintained. Parties will not be liable to pay any damages or compensate any part of subscription fees due to cancellation.

6.3
WBM can, without legal intervention, terminate the Agreement fully or partially by notifying the Client in writing if the Client has filed for bankruptcy, is being liquidated, wound up or terminated with different motives than the reconstruction or merging of enterprises, has suspended business activities or is entering creditor arrangements. WBM will not be liable for any damages or compensation of agreed subscription fees as a result of this termination.

6.4
If the Client, at the time of dissolution referred to in article 6.1, has already received Services as part of the Agreement, these services rendered and accompanying payment obligation, will be no cause to undo the dissolution unless WBM has defaulted on Services provided. Sums invoiced by WBM before the dissolution of the Agreement in relation to Services already performed as part of the Agreement, remain owed in full and are payable immediately upon dissolution.

Article 7 Force majeure

7.1
Neither of the parties is held to fulfil any contractual obligations in relation to the Agreement in circumstances or forces beyond its control. This also applies to WBM suppliers being unable to fulfill their obligations.

7.2
If force majeure has been called upon in excess of 90 (ninety) days, either party has the right to terminate the Agreement by a written dissolution. Services already provided under the Agreement will be charged proportionally with neither party having or incurring any further liability aside from the aforementioned.

Article 8 Intellectual Property Rights

8.1
All intellectual property in relation to Services and Products rendered are property of WBM. This includes any activity, development or otherwise in relation to Services provided to the Client for the duration of the Agreement which will remain property of WBM and its suppliers or licence holders. WBM will not be liable for any rights claimed on any material provided by the Client. The Client will be solely responsible and liable for any claims forthcoming from third parties in relation to materials provided to WBM.

8.2
Client is not permitted to copy, forge or imitate any WBM’s Services or Products (or parts of them), or to ask third parties to perform these actions.

Article 9 Data Protection and Privacy Statement

9.1
WBM complies with the Dutch Personal Data Protection Act 2016 (Wet Bescherming Persoonsgegevens) and in accordance with these laws WBM is registered with the Dutch Personal Data Protection Authority, based in The Hague, The Netherlands, for the use of of personal information.

9.2
WBM works with https:// certificates to facilitate the use of a secure server connection.

9.3
WBM has published a Privacy Statement for the use of the Site. The most recent Privacy Statement can be found on the homepage of the Site, www.companymatch.me.

Article 10 Maintenance

WBM is within its right, without giving prior notice, to (temporarily) disable the Site or Services, or limit its use for reasonably required maintenance, system changes or improvements. The Client will not be entitled to any compensation for damages as a result of maintenance as set out above.

Article 11 Applicable law and disputes

11.1
Any agreements between WBM and Client are subject to Dutch law and fall under jurisdiction of the courts in The Netherlands.

11.2
Any disputes that may arise between WBM and Client due to an Agreement made between WBM and Client, or due to any subsequent Agreements following the initial Agreement will be taken to and settled by Judicial District Courts in Utrecht, The Netherlands.

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