General Terms and Conditions of Yobbers
(as a business name of Grenzelooswerk B.V.** )**
*Registered at the Dutch Chamber of Commerce under number: 67621848 *
These General Terms and Conditions are a translation of the Dutch General Terms and Conditions of Yobbers. In case of any discrepancy between the Dutch and the English version the Dutch version shall prevail.
Date: 1st of January 2017
Table of contents
Article 1 Definitions
Article 2 General
Article 3 Service
Article 4 Access to the Service
Article 5 Account
Article 6 Warranty and liability Disclaimers, no
Article 7 Prohibitions
Article 8 Payment
Article 9 Failure of payment
Article 10 Intellectual property rights
Article 11 Privacy
Article 12 Breach
Article 13 Other provisions
Article 1 definitions
In these Conditions the following terms used in both singular and plural, in alphabetical order:
a. Service: the Service that Yobbers grants to the User via the Site or via any other way;
b. Yobbers: the entity established in accordance with Dutch law, the private company with limited liability enterprise Grenzelooswerk B.V., principal place of business in Leeuwarden (The Netherlands), Zuiderplein 6, postal code 8911 AJ, KvK number 67621848, irrespectively under which (business)name it operates;
c. Party: a party (the User and/or Yobbers) in these terms and Conditions;
d. Site: the websites of Yobbers, like http://www.dutchemployees.nl and all child pages;
e. User Content: all information provided by the User is made accessible through the Site, including, but not limited to the profiles and vacancies;
f. User: the employer or job seeker or other party who uses the Service of Yobbers;
g. Conditions: these (General) terms and Conditions of Yobbers;
h. Employer: the person or legal entity who as an employer makes use of the Service;
i. Job seeker: the natural person who, as a job seeker, makes use of the Service.
Article 2 General
The Conditions apply to the access to- and the use of the Site by the User and the provision of any Service by Yobbers. The Conditions are therefore applicable to all offers, agreements of Yobbers or arising from any other legal act between Yobbers and any party.
All quotations, including offers, of Yobbers are non-binding, unless explicitly stated otherwise.
If these Conditions have been applied once on a legal relationship between Yobbers and a party, that Party shall be deemed to have accepted in advance with the applicability of the terms and Conditions on current agreements and future agreements, including amendments and additions to the Conditions.
Parties expressly dismiss the applicability of any general Conditions of the User.
Any User proposed deviations from the general terms and Conditions shall only be valid if explicitly in writing, or by electronic way, have been agreed by Yobbers and User.
Yobbers is at all times entitled to change and/or complement these terms and Conditions. The most current version of these terms and Conditions is listed on the Site of Yobbers. These Conditions are also brought to the attention of the User while using the Service.
The User that continues to use the Service after a change and/or compliment of these Conditions, accepts the changed and/or supplemented Conditions irrevocable.
Any deviation from these Conditions at any time applied or tolerated by Yobbers for the benefit of the User, will never give the User the right to rely on such deviations, or to rely on the application of such a deviation as fixed.
Article 3 Service
- Yobbers carries out Services for the benefit of the Member, including,
in case the User is an employer is, he can place (a) job opportunity(/ies) and other User Content (whether or not automated); and get access to the database with User profiles; or
in case the User is a jobseeker, he can place a profile and other User Content; and get access to the database with job opportunities.
Yobbers also carries out Services in the field of recruitment and selection of job seekers for the benefit of the employer.
Yobbers further aims to provide the jobseeker with General information about working outside the Netherlands.
Yobbers also carries out Services, which are oral or written agreed with a party, or on its own initiative.
Article 4 Access to the Service
Under the terms as stated in these terms, Yobbers gives the User a limited, revocable, personal, non-exclusive and non-transferable (not even by means of a sublicense) right of access to and use of the Service and the Site. The User is entitled to see and use the Content solely for personal, non-commercial purposes within the purpose of the Site.
The manner in which- and the Conditions under which, practical, the Service is to be used will be shown to the User on the Site.
In order to use the Service the User has to create an Account as described on the Site. The User guarantees towards Yobbers that the information he provides when creating and/or changing his Account is personal, complete, current and correct. The User is responsible for the correctness and completeness of the provided User Content as well as for the modification and/or the supplementing of the User Content. The User is responsible for keeping the User Content up to date.
The User shall indemnify Yobbers against claims by third parties that are based on improper use of the Service.
Article 5 Account
During the registration process on the Site the User shall provide login credentials, also used for access to his Account.
The User is obliged to keep his login credentials confidential. The User is not allowed to provide his login credentials to third parties or to give third parties in any way access to his Account. The User shall be liable for all use of the Service via his login credentials. Yobbers trusts that the User actually is the one who signs up with his login credentials. The login credentials may however be used freely within the organization of an employer.
The User is obliged to inform Yobbers of unauthorized use of his account, without prejudice to his own obligation to take direct effective measures himself, such as changing the login details.
In case of abuse, infringement of third party rights, violation of any provision of these Conditions or an agreement Yobbers reserves the right to modify, refuse or remove (the texts of) jobs and/or any business information, without any right of the User for compensation and/or refund. Whether there is a situation as described above is at the sole discretion of Yobbers.
Yobbers is not liable for damages resulting from any unauthorized access to- or use of the Site and/or Service by third parties.
By posting job opportunities, profiles and/or other User Content gives the User permission Yobbers this vacancies, profiles and/or other User Content on the Site or otherwise to be employed for the provision of Services.
The User acknowledges and agrees that the vacancies, profiles and/or other Content that he makes available through the Service can be used by job seekers or employers. Yobbers accepts no responsibility for compliance by other Users with these terms and Conditions.
Article 6 warranty and liability Disclaimers, no
The Service offered by Yobbers is provided "as-is" and "as available".
Yobbers explicitly does not warrant:
a. the suitability of the Service for the purposes of the User;
b. the accuracy of the information provided by third parties, including Users;
c. that the Service meets the expectations of the User;
d. that the Service will be available at all times, uninterrupted, timely, secure, accurate, reliable, error-free, free of viruses or malware.
The User acknowledges and accepts that Yobbers has no knowledge of and/or interference with the User content and other information provided by the Users while using the Site and/or Service. Yobbers accepts no liability for the consequences of decisions taken on basis of information or other data on the Site or on basis of the Service.
Yobbers has no interference with the contact resulting from use of the Service between the Users nor with any oral or written agreements that result from this contact.
The User is entirely responsible and liable for all actions that he takes using the Site and/or Service.
Yobbers is at all times entitled to change, modify and/or discontinue the Service, without any right of compensation of damages or liability towards the User.
Yobbers does not accept any liability for damage as a result of the provision of the Service or in tort or otherwise, to the extent permitted by law.
If Yobbers by law is considered liable towards the User for damages on whatever account, Yobbers is only liable for direct damage suffered by the User as a result of a breach by Yobbers and/or tort with a maximum of the total of fees that Yobbersfot paid by the User in a period of three (3) months prior to the event from which the liability arises. The total liability of Yobbers will never exceed one thousand euro (€ 1,000.0).
Under direct damage as meant in the preceding paragraph shall be understood exclusively:
a. material damage to property;
b. reasonable costs incurred to determine the cause and extent of the damage as far as the determination relates to direct damage within the meaning of these terms and Conditions;
c. reasonable costs incurred to prevent or limit the damage as far as the User proves that these costs have led to the limitation of direct damage within the meaning of these terms.
Except in cases of intent and/or gross negligence on the part of Yobbers, any liability of Yobbers for any damage other than direct damage, as described in paragraph 8, including consequential damage, is excluded. Under consequential damages is inter alia understood, any lost profits, lost savings, loss of goodwill, damage due to business interruption, general losses, costs incurred to prevent or adoption of consequential damage, loss, faulty exchange or damage of electronic data and/or damage as a result of delay in the transport of data.
By all means it is not a breach on the part of Yobbers in cases of force majeure, including:
a. the situation that a performance which is important in connection with the Service is not, not timely or not delivered properly to Yobbers itself;
b. strike, industrial dispute, shortage of labour, fuel or electricity;
c. malfunctions or accidents in the (data) traffic;
d. government measures or embargo;
e. riots, revolts, war, social unrest;
f. extreme weather Conditions;
g. fire, flood, natural disaster;
h. faults in the connection with internet, hardware failures, disruptions in (telecommunications) networks.
Article 7 prohibitions
- The User is not allowed to place User content that:
a. contains deliberately incorrect information and/or is misleading;
b. consists of adopting a false identity;
c. contains advertising messages;
d. uses or collects data from other Users through the Service for other purposes than the Service or to approach the Users without the intervention of Yobbers;
e. refers to other jobs and/or profiles that are not listed on the Site;
f. uses tools not approved by Yobbers to search the Site or uses data mining, robots or other means to collect information;
g. contains viruses, Trojan horses, worms, bots or other software that can damage an automated work, make an automated work unusable or inaccessible; or content that is able to erase or to appropriate an automated work; or content that is intended to bypass the technical protection measures of the Site and/or the computer systems of Yobbers;
h. violates any applicable law and/or regulations or is otherwise in any way unlawful or otherwise inappropriate or objectionable;
i. may adversely affect the interests and good name of Yobbers.
- The employer is not allowed to:
a. reproduce, disclose, use for commercial purposes or otherwise make available to third parties the User content obtained via the Service of Yobbers;
b. use the contact information provided by job seekers for other use than for vacancies;
c. approach other employers with (suitable) job seekers;
d. enable third parties to do the acts referred to in this article.
- The job seekers are not allowed to:
a. place vacancies on the Site;
b. reproduce, disclose, use for commercial purposes or otherwise make available to third parties the User content obtained via the Service of Yobbers;
c. use the contact information provided by Users for purposes other than the purpose of the Site;
d. approach other job seekers;
e. enable third parties to do the acts referred to in this article.
Article 8 Payment
Payment takes place as described on the Site.
Commands from the User only bind Yobbers after confirmation of the command by Yobbers, or after Yobbers expressed to have started with the execution of the agreement.
If use of a certain part of the Service is accessible after payment of a fee, the amount of this fee is mentioned on the Site
All prices include Dutch VAT (omzetbelasting), unless otherwise indicated.
All prices are subject to change without notice. On already purchased Services the price changes shall not apply.
Article 9 Failure of payment
In the event of non-timely payment of an invoice or installment, the User shall be deemed to be in default by operation of law, without the requirement of any demand or notice of default. I such event Yobbers has the right to suspend its obligations under the contract or to dissolve the agreement.
Regardless of whether there is the expiry of a time limit for payment, a payment scheme or other factors that, whether or not agreed, postpone the effect on payment, the invoice is directly payable on demand in full in each of the following cases:
a. If the User is declared bankrupt or if he does a request for bankruptcy;
b. If the User requests suspension of payment (in the Dutch legal system known as: serséance van betaling);
c. If the User is admitted to the legal debt restructuring (in the Dutch legal system known as: wettelijke schuldsanering);
d. If the User loses his free disposal of goods;
e. If property of the User is enforceable seized;
f. upon the death of the User;
g. If the User is a legal person: at Service liquidation or dissolution, depositing a proposal for merger or demerger.
The User acting as a Jobseeker forfeits in the event of late payment the maximum fee to Yobbers for collection costs, in accordance with Dutch law: Wet Incasso Kosten (or substitute legislation).
The User acting as an employer forfeits in the event of late payment to Yobbers an interest rate equal to one percent (1%) per month. For purposes of calculating the length of the interest-bearing period parts of a month count as a full month. The User is also liable for all collection costs, both judicial and extrajudicial, with a minimum of 15% of the amount that was not paid in time.
All payments are first accounted to interest and costs as mentioned in sub 3 and 4 and the surplus will be accounted to the judicial and extrajudicial costs.
Yobbers is entitled to offset all sums paid to Yobbers, including advances and payments on dissolved agreements, with the fees as mentioned in sub 3 and 4.
Article 10 intellectual property rights
All intellectual property rights relating to the Site and the Services, including featured and non-featured content, with the exception of User Content, are owned by Yobbers.
The User provides to Yobbers regarding his User Content, a free, irrevocable and transferable right to publish and reproduce such User Content to the extent required to provide the Service.
Article 11 Privacy
The User is required to provide personal data to Yobbers to be able to make use of the Service. This information will be stored and processed in accordance with the Privacy Statement of Yobbers and the applicable laws and regulations are.
The Privacy Statement is available at http://www.dutchemployees.nl.
Article 12 breach
Both Yobbers and the User have the right to dissolve the agreement for use of the Site and the Service if the other party fails to fulfil its obligations. In such case, Yobbers has the right, without any right of User for compensation or refund of costs:
to deny, suspend or limit access to the Service;
to block or remove the User account, temporarily or permanently; and/or
remove User Content.
Article 13 other provisions
All disputes arising between the User and Yobbers, will be submitted to the competent court in the District of Leeuwarden unless mandatory law provides that the dispute must be presented to another judge.
Deviations from these Conditions shall only be binding if agreed in writing.