General Conditions

Werken bij Merken BV applies the following General Conditions.

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 trade names of Werken bij Merken BV.

Article 1 Definitions

In these General Conditions, the following definitions apply:

General Conditions:
The present general conditions.

The Corporation(s):
Werken bij Merken BV, in the following WBM

Client:
The natural or legal person with whom an agreement is concluded, or who makes use of the Services.

Profile holders:
Visitors/users/job seekers on the Website or through CompanyMatch Engage who by way of a service proposed by WBM have created a personal profile (account) which they manage through an own on-line page and personal account information.

Services:
A service offered by WBM, such as the posting of an employer’s profile on the Website, advertising on the Website, the posting of company information on the Website, the matching of visitors/persons on the Website with clients using questionnaires and/or other matching criteria, the drawing up of reports, the dashboard for employers with its statistics and matching data. In addition, WBM applies the following specific names for some of their services:

CompanyMatch Premium:
The name used by WBM for the paid subscription to use of CompanyMatch by the Client.

CompanyMatch Engage:
The plug-in used and made available by WBM, also called ‘CompanyMatch Engage’, from which an (on-line) match is made between persons and employers.

CompanyMatch Apply:
The plug-in used and made available by WBM, also called ‘CompanyMatch Apply’, with which a user can share his CompanyMatch matching report with the employer through a job application form.

CompanyMatch Connect:
Third party which makes use of the services of WBM for the proper provision of services, including (though not limited to) staffing agencies, recruiting, job opportunity websites, HR, recruitment software.

Website:
The website serviced by WBM on the Internet, available for everyone on www.companymatch.me

Partner:
Derde partij die gebruik maakt van de diensten van WBM in de eigen dienstverlening waaronder begrepen (maar niet beperkt tot)staffing agencies, recruiting, vacaturesites, HR, recruitment software.

Article 2 General

2.1
These General Conditions are applicable to all Services proposed by WBM for the provision of which WBM and Client enter into a contract, and to all agreements between WBM and Client.

2.2
Deviations from these General Conditions are only valid if they have been established expressly in writing.

2.3
The applicability of any possible purchase or other conditions of Client is emphatically rejected. Unless established otherwise in writing.

2.4
If any provision of these General Conditions is void or is annulled, the other provisions of these General Conditions will remain fully effective and WBM and Client will enter into consultations so as to establish new provisions to replace the void and/or annulled provisions, whereby the purpose and tenor of the void and/or annulled provision are observed as much as possible.

2.5
WBM has the right to modify and/or supplement these conditions and to declare such applicable to existing agreements. Modifications and/or supplements enter into effect 30 (thirty) days after publication on the Website and through e-mail to Client or on a later date indicated in the announcement.

2.6
WBM has the right at all times, without needing to specify reasons, to refuse purchased Services or texts for those. Without being exhaustive, grounds to refuse Services or texts for communications are: texts, expressions, pictures, advertising, or other matters which violate good taste or ideas concerning in commonly held opinion.

2.7
It is strictly prohibited to Client to provide (personal) data of Profile holders to third parties, to copy them and/or transfer them to an own database. If applicable: access to the (data of the) Profile holders is strictly limited for Client to those who are in charge at the Client with viewing the Profile holders and who are registered as such at WBM.

Use of the (personal) data of Profile holders, if applicable, is limited to the data which the Profile holder himself makes available to Client after confirmation of a contact request of Client through WBM. This use must be limited to the purpose for which the Profile holder confirmed the contact request.

Applicable specifically to Clients or intermediaries, such as job agencies, is that Profile holders may not be approached by collaborators or third parties of the Client that recruit for clients associated with Client.

In all cases, abuse leads to the immediate removal from the Website while the costs involved in the abuse will be charged to client without prior announcement.

2.8
For Partner(s): third parties which make use of the technology or services of WBM, for example for staffing, recruiting, HR, mediation, job opportunity websites, it applies that in addition to these General Conditions, specific collaboration agreements are concluded between Partner and WBM, and where necessary also additional Data-exchange agreements or Processor agreements are drawn up.

Article 3 Offer and agreement

3.1
All offers of WBM are non-committal, unless it is established otherwise in writing. WBM has the right not to accept assignments without stating grounds.

3.2
The agreement with WBM is definitive as soon as the offer, including a summary of the Services ordered by Client, is confirmed (verbally) either through e-mail or through the appropriate order page on the Website by Client. Any possible additions and/or modifications of the agreement must be established in writing by authorized representatives of parties.

Article 4 Prices, start, payments, and automatic extension of subscription

4.1
The prices for the offered products and services are listed in Euros, exclusive of VAT. WBM reserves itself the right to increase prices and will inform the Client timely and prior to the subscription extension by e-mail. The most current rates can be found on the website, where the most recent brochure can be downloaded including the rates applicable at that time.

4.2
The effective date of the subscription (Premium) concluded by the Client falls on the day that the profile of the employer is rendered live on CompanyMatch.me, but no later than 60 days after the confirmation (see article 3.2) of the offer. Unless established otherwise with Client in writing.

4.3
WBM bills the amounts owed by Client by way of an invoice (whether or not available through the internet page allocated to the client). The invoices will be paid by Client in accordance with the payment conditions specified on the invoice. The payment term applied by WBM amounts to 30 days, unless it is established otherwise in writing.

4.4
If Client does not settle the owed amounts within the established term, Client will owe, without requiring any default notice, the statutory interest rate over the outstanding amount. If Client continues to fall short in settling the claim after default notice, Client will be obliged to compensate, besides the total amount owed in such case, the comprehensive extrajudicial and judicial costs as well, the amount of which is set at a minimum of 15% of the owed principal which has been billed to Client. Without prejudice to what is stipulated in the preceding, WBM will have the right to suspend or terminate the execution of services on account of default on payment, without Client being able to exercise any rights with regard to remuneration or compensation concerning.

4.5
WBM has the right at all times to demand from Client that he provides security for compliance with his obligations towards WBM, for example by payment of an advance or even full payment beforehand, until WBM proceeds to implement the agreement.

4.6
WBM directly invoices 100% of the established Service(s), calculated from the moment of adoption of the agreement. Regardless of the contract duration agreed on.

4.7
The purchased Services are extended automatically. If Client wishes to discontinue or terminate the Service(s), this is possible until no later than 2 months (60 days) before the end of the relevant contract or subscription period. Client must communicate this in writing (an e-mail is sufficient) to CompanyMatch. For this purpose, Client can contact CompanyMatch through the liaisons known to him or through sales@companymatch.me.

Article 5 Liability

5.1
CompanyMatch is a product of WBM. Reporting and/or data of WBM give an indication of the personal preferences and needs of a matched candidate/job seeker, based on his self-image. The reliability strongly depends on interpretation, motivation, self-awareness, and the honesty with which the user and the employer have answered the questions. It is possible that preferences change over the course of time. Subjectivity plays a part in interpretation and the use of results. WBM does not accept any responsibility or liability, in whatever form, for the use or its consequences by Client or Partner.

5.2
The total liability of WBM on account of attributable shortcomings in complying with the agreement is limited to compensation for direct damage until a maximum amount equal to the compensation owed by Client to WBM under the agreement. Intended by direct damage exclusively is such damage which is directly and inextricably related to the damage-causing event.

5.3
The liability of WBM for indirect damage, including consequential damage, lost profit, missed savings, damage due to operational stagnation and any other damage than what is intended in article 5.2 is excluded.

5.4
WBM accepts no liability whatsoever for damage resulting from the use of the Website and/or the Services by Client or third parties or for any possible consequences thereof, also including malfunctions of the network and performance issues. Client safeguards WBM against any possible third-party claims in connection with the texts and information which Client has posted on the Website.

Article 6 Termination

6.1
Each of the parties has the right to extrajudicially terminate the agreement by way of registered mail, if the other party still continues, also after an adequate default notice, in as detailed a form as possible, stipulating a term of at least 30 (thirty) days, to fall culpably short in fulfilling the substantial obligations of the agreement.

6.2
If an agreement which according to its nature and content does not end through completion, has been adopted for an unlimited time, it can be terminated by either party after adequate professional consultations and under specification of grounds by written notice. If between parties no express notice term has been established, a reasonable term must be observed upon cancellation. Parties will never be held to pay any compensation for damage or for established subscription fees on account of cancellation.

6.3
WBM can completely or partially terminate the agreement with immediate effect and without judicial intervention by written notice, if suspension of payment, whether or not temporarily, is granted to Client, if the bankruptcy of Client is applied for, or if his company is liquidated or terminated otherwise than for the purpose of the reconstruction or merger of companies. On account of such termination, WBM will never be held to any compensation of damage or of established subscription fees.

6.4
If Client at the moment of liquidation as intended in article 7.1 has already received performances for the implementation of the agreement, these performances and the associated payment obligation will not be subject to cancellation, unless WBM is in default with regard to those performances. Amounts which WBM has invoiced prior to the liquidation in connection with what he has already conducted or delivered for the implementation of the agreement remain fully due, without prejudice to what is stipulated in the preceding complete sentence, and become immediately payable at the moment of liquidation.

Article 7 Force majeure

7.1
None of the parties is bound to comply with any obligation if it is impeded from doing so due to force majeure. Also intended by force majeure is a non-attributable shortcoming on the part of suppliers of WBM.

7.2
In case the situation of force majeure has lasted longer than 120 days, parties have the right to terminate the agreement through rescission in writing. What has at that stage already been performed will be billed proportionally without parties otherwise owing each other anything.

Article 8 Intellectual Property Rights

8.1
All intellectual property rights with regard to Services, products, and material in connection with the preparations and implementation of the agreement, whether or not developed for the benefit of Client, continue to lie with WBM or its licensors. To the extent Client provides WBM with material for the preparation and implementation of the agreement, on which third parties can exercise rights, Client safeguards WBM against any legal claim on such account.

8.2
It is not permitted to Client to copy, (let) forge or build after (parts of) Services of WBM.

Article 9 Protection Personal Data and Privacy Statement

9.1
WBM acts in conformity with the requirements of the directive on data protection, AVG (‘Algemene Verordening Gegevensbescherming’) and as they are applicable per 25 May 2018. WBM has registered with the monitoring agency ‘College Bescherming Persoonsgegevens’ in The Hague in the Netherlands.

9.2
WBM applies a Privacy Statement for the use of the Website and its Services. The most recent Privacy Statement can be found on https://www.companymatch.me/privacy-statement/.

Article 10 Maintenance

WBM has the right, without any prior announcement, to deactivate (temporarily) the Website and the system or to limit their use, to the extent this is necessary for reasonably required maintenance or for the modifications to or improvements on the system to be applied by WBM, without thereby arising any right on the part of the Client to compensation of damage by WBM.

Article 11 Applicable law and disputes

11.1
The agreement between WBM and Client is governed by Netherlands legislation.

11.2
The disputes which may occur between WBM and Client on connection with an agreement concluded between WBM and Client or in connection with further agreements which may result therefrom, will be settled by the competent court in the district of Utrecht in the Netherlands.

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