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Terms and Conditions

Werken bij Merken BV uses the following Terms and Conditions.

 

Werken bij Merken BV

Peppelkade 64A

3992 AK HOUTEN

The Netherlands

 

Chamber of Commerce: 30261667 in Utrecht

VAT nummer: 820760274B01

 

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

 

Article 1 Definitions

In these Terms and Conditions the following terms are defined as follows:

 

Terms and Conditions

These Terms and Conditions.

 

The partnerschips:

Werken bij Merken BV, from here on referred to as WBM

 

Client

The natural person or legal person with whom an agreement is made, or that person who uses the Services.

 

Profil holders:

Visitors to the Site who have created a personal profile (account) and manage this through a personal online page and personal account details.

 

Services

A by WBM offered service, such as the placement of an employer profile on the Site, the advertisement on the Site, the placement of company information on the Site, the matching of visitors/persons of the Site with clients on the basis of questionnaires and/or other matching criteria, the formatting of reports, etc...
 

Widget:

The by WBM used and made available widget, also referred to as ‘CompanyMatch widget’, from which (online)a match is made between persons and employer profiles..

 

Site:

The by WBM on the Internet provided and publicly accessible site on among others the addresses www.werkenbijmerken.nl (.be/.eu/.com) and www.companymatch.me

 

Article 2  General

2.1

These Terms and Conditions are applicable to all of WBM’s offered Services, for the provision of which WBM and Client enter into a commitment, as well as to all agreements between WBM and Client.

 

2.2

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

 

2.3

The applicability of Client’s potential purchase- or other conditions is explicitly rejected. Unless otherwise agreed upon 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 fully remain in force and WBM and/or Client will enter into consultation with the view 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 enter into force 30 (thirty) days after their publication on the Site or on a later date which is mentioned in the publication.

 

2.6

At all times, WBM has the right to, without supplying motivation, refuse Services, be it texts for Services, or otherwise. The reasons to refuse Services, be it texts for the purpose of expressions of communication can be, but are not limited to: texts, expressions, images, advertisements or other material, which to prevailing opinions contravene with good taste or the opinions of society.

 

2.7

Client is strictly forbidden to provide the Profile Holders’ (personal) details to third parties, to copy these details and/or to adopt them into her own database. If applicable: Client access to Profile Holders(‘ details) is strictly limited to those that at Client are responsible for the viewing of the Profile Holders, and who are as such registered at WBM.

 

The use of the Profile Holders’ (personal) details is, if applicable, limited to the information that the Profile Holder himself provides through WBM to Client, after confirmation of a contact request by Client. This usage should be limited to the aim with which the Profile Holder answered the contact request.

 

Specifically regarding Clients or intermediaries, such as recruitment organisations: Profile Holders may not be approached by employees of Client’s third parties that recruit for clients related to Client.

 

Misuse will in all cases lead to the direct removal of the Site, while the costs bound to the misuse will be charged to the client without notification.

 

Article 3  Offers and Agreement

3.1

All of WBM’s offers are non-committal, unless otherwise agreed upon in writing. WBM has the right to decline assignments without providing motivation.

 

3.2

The agreement with WBM is definite as soon as the order by Client has (verbally) been given approval or has been confirmed through the appropriate order page on the Site. Client will immediately, or as soon as possible receive an assignment confirmation with an overview of the ordered Services. Possible additions and/or changes of the agreement have to be agreed upon in writing by the authorised representatives of both parties.

 

Article 4 Prices, payment and automatic extension

4.1

The listed prices for the offered products and services are in British Pounds, VAT excluded.

 

4.2

WBM charges Client for the money owed (whether or not shown on the internet page assigned to the client) by means of an invoice. The invoices will be paid by Client in accordance with the payment conditions stated on the invoice. The by WBM maintained payment deadline on her invoices is 30 days, unless otherwise agreed upon in writing.


4.3

If Client does not pay the money owed before the agreed upon deadline, Client will, without the need to give notice, owe the legal interest on the outstanding sum. If Client remains negligent to fulfill the claim after having been given notice, Client will, in addition to the total sum owed, be charged with the compensation of the full costs, both in-court and out-of-court, the amount of which is determined by a minimum of 15% of the owed principal for which Client is charged. While not diminishing the aforementioned, WBM will have the right to delay or terminate the execution of services due to non-payment, without Client having the right to any fee or compensation in return.

 

4.4

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

 

4.5

WBM has, at all times, the right to require that Client provides security for the fulfilment of her responsibilities towards WBM, for instance by means of a bank guarantee, the payment of an advance or even full payment in advance, before WBM proceeds to the execution of the agreement.

 

4.6

WBM invoices directly 100% of the agreed upon Service(s) counted as of the moment that the agreement has come into existence. Regardless of the agreed upon contract duration.

 

4.7

The received Services are automatically extended and invoiced after the completion of the by Client chosen contract or subscription period with the same duration. If Client wishes to cancel or terminate the Service(s), this is possible up to 2 months (60 days) before the completion of the relevant contract or subscription period. Client has to express this in writing (email suffices) to CompanyMatch. In order to do this, Client can contact CompanyMatch through the to her familiar contact person or sales@companymatch.me.

 

Article 5 Liability

5.1

WBM’s complete liability with regards to attributed deficiencies in the fulfilment of the agreement is limited to the compensation of direct damage with a maximum amount equal to the compensation which Client owes WBM under the agreement. 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, damage by company stagnation and any other damage which is 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 Client or third parties nor for any potential consequence thereof, which includes network malfunction and performance problems. Client releases WBM from responsibility for any potential claims from third parties in connection to texts and information which Client has placed on the Site.

 

Article 6 Termination

6.1

Each of the parties is justified to dissolve the agreement out-of-court by means of a signed written document if the other party, even after a decent and as detailed as possible written notice, setting a deadline of at least 30 (thirty) days, falls short in the fulfillment of the actual duties of the agreement.

 

6.2

If an agreement, which in its nature and content does not end by its completion, has been entered for an undetermined period, it can be terminated by either party after proper business consultation and with the provision of reasons by means of a written cancellation. If the parties have not agreed upon a specific cancellation deadline, a reasonable deadline has to be maintained. Parties will never be held accountable to pay any damages or compensation for agreed subscription fees due to cancellation..

 

6.3

WBM can, without notice and without the legal intervention, terminate the agreement fully or partially by means of a written notification if Client is granted a permanent or temporary suspension of payment, if Client has filed for bankruptcy or if his enterprise is being liquidated or terminated with different motives than the reconstruction or merging of enterprises. WBM will never be held accountable for any damage fee or compensation of the agreed upon subscription fees due to this termination.

 

6.4

If Client, at the time of dissolution as referred to in article 7.1, has already received services rendered as the execution of the agreement, these services rendered, and the accompanying required payment, will be no cause to undo the dissolution, unless WBM is in default with regards to these services. Sums, which WBM has invoiced before the dissolution in relation to that which she has already performed towards the execution of the agreement, remain in force, with the consideration to that which was determined in the previous sentence, owed to the full amount, and are at the time of the dissolution immediately claimable.

 

Article 7 Force majeure

7.1

Neither of the parties is held to fulfill any duty if he is thereto prevented due to forces beyond his control. Such forces could be, among others, non-attributable deficiency of suppliers of WBM.

 

7.2

When the force majeure has lasted longer than 90 (ninety) days, parties have the right to terminate the agreement by a written dissolution. That which has already been performed due to the agreement, is then charged proportionally, without parties owing each other anything aside from the aforementioned.

 

Article 8 Intellectual Property Rights

8.1

WBM acts in accordance with the demands set by the Law for the Protection of Personal Details (Wet Bescherming Persoonsgegevens, WBP). The processing of personal details is, in accordance with the aforementioned law, registered at the College for the protection of personal details (College Bescherming Persoonsgegevens) in The Hague, The Netherlands.

 

8.2

Client is not permitted to copy, forge or imitate WBM’s Services (or parts of them), or to request these actions to be performed by a third party.

 

Article 9 Protection Personal details and Privacy Statement

9.1

WBM handelt conform de eisen die de Wet Bescherming Persoonsgegevens (WBP) stelt. De verwerking van persoonsgegevens is conform de WBP aangemeld bij het College Bescherming Persoonsgegevens te ’s-Gravenhage in Nederland.

 

9.2

WBM Works with https:// certificates to facilitate the use of a safe server connection.

 

9.3

WBM uses a Privacy Statement for the use of the Site. The most recent Privacy Statement is to be found via a weblink in the footer on the home page of www.werkenbijmerken.nl and/or www.companymatch.me

 

Article 10 Maintenance

WBM is justified to (temporarily) decommission the Site and/or system, or to limit its use in as far as this is necessary for reasonably required maintenance or for adjustments or improvements of the system, which WBM has to make without previous announcement, without giving Client the right to compensation for damages from WBM.

 

Article 11 Applicable law and disputes

11.1

The agreement between WBM and Client is subject to Dutch law.

 

11.2

The disputes which may arise between WBM and Client due to an agreement made between WBM and Client, or due to further agreements which were made as a consequence of this first agreement, will be settled by an authorised Judge in the Utrecht district in The Netherlands.

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