2go4career.com: Website of Heijens Advies en Beheer BV, Korte Bunder 11, 4741 TV Hoeven, registered at Breda Chamber of Commerce, number H20089961, user of these general terms and conditions.
Terms and conditions:these general terms and conditions of 2go4career.com
Agreement: the agreement between Principal and 2go4career.com based upon which 2go4career.com makes Service(s) available to Principal.
Services: One of the services exploited by 2go4career.com, including, but not limited to, online job posting, in addition to receipt of an Agreement to obtain access to and to be allowed inspection of the CV-database composed by 2go4career.com, and any other services subject to any offer, tender, agreement, or other legal act in the relations between 2go4career.com and Principal.
User: The Jobseeker registered at 2go4career.com, the Principal, and any other legal or natural entity using the Services as provided on the Site.
Principal: The natural or legal entity with whom an Agreement is entered into and/or who utilises the Services provided by 2go4career.com as offered on the Site, among other means.
Site: The website www.2go4career.com
Jobseeker: The natural person who places his or her CV online and/or otherwise uses the 2go4career.com Services as provided on the Site.
Online Platform: The service provided by 2go4career.com on the Internet, which allows employers and jobseekers to establish contact.
Article 1. Applicability
- 1. On exclusion of possible other terms and conditions, these Terms and Conditions apply to any agreements with 2go4career.com and the online platform provided by 2go4career.com on the Internet.
- 2. By registering as a User and accepting the content of these Terms and Conditions, the User enters into a user agreement with 2go4career.com. These Terms and Conditions have been submitted to the Breda Chamber of Commerce by number H20089961, and will be forwarded on request at no charge by 2go4career.com. These Terms and Conditions may also be viewed through our Website.
- 3. If one or more stipulations or sections of these Terms and Conditions or the agreement entered into by 2go4career.com and User are considered void or voidable by a legal institution, these will be considered separable from the agreement and will have no effect on the validity of the remaining stipulations.
- 4. Any rights and claims, as agreed in these Terms and Conditions and in possible further agreements on behalf of 2go4career.com, are also agreed on behalf of any intermediaries and/or other third parties involved by and on behalf of 2go4career.com.
- 5. Deviances from these Terms and Conditions may only be agreed upon in writing, and only apply to the specific agreement to which the deviances relate.
- 6. If ambiguity should arise over the explanation of one or more stipulations of these Terms and Conditions, the explanation should occur ‘in the spirit' of these Terms and Conditions.
- 7. If a situation arises between parties which is not covered in these Terms and Conditions, that situation should be assessed by the spirit of these Terms and Conditions.
- 8. 2go4career.com reserves the right to alter or supplement these Terms and Conditions. Alterations will also apply to Agreements already entered into, taking into account a term of 30 days after notice of the alterations through the Site and/or E-mail. If User does not wish to agree to the alterations, he is entitled to cancel the agreement, taking into account a 10 day period of notice, by (at its very earliest) the date on which the alterations take effect.
- 9. Together with the applying special conditions of the Agreement, these Terms and Conditions comprise the complete agreement between 2go4career.com and User.
- 10. If these Terms and Conditions and the Agreement contain conflicting stipulations, the conditions included in the Agreement apply.
Article 2. Obligations of Principal
- 1. Principal warrants that all data, including, but not limited to, company data and bank data, which are required to be submitted to 2go4career.com prior to implementation of the Agreement, are and remain complete, correct, and topical. In addition, Principal warrants that he is (legally) authorised to use the Site and to receive the Services.
- 2. Principal must ensure that the description of the vacancy and/or company information posted by him matches reality, and should therefore be correct, complete, and topical and meets the standards established for the purpose by 2go4career.com.
- 3. Principal is exclusively allowed to post actually existing, concrete vacancies which are actually vacant at the moment of posting on the Site. In the posted vacancy, Principal is not allowed to refer to any other vacancies not posted on the Site.
- 4. By posting the vacancy and/or company information on the Site, Principal authorises 2go4career.com to post these data on the Site, or to use them in other ways to provide Services.
- 5. Principal warrants that vacancies and/or company information posted by him does not violate third party (intellectual) property.
- 6. 2go4career.com reserves the right to abbreviate, change, refuse, or remove from the Site (text of) vacancies and/or company information (including, but not limited to, photographic or video content) if such action is deemed necessary by the judgement of 2go4career.com, without in any way entitling Principal to any compensation of damages and/or restitution. Among other conditions, removal may occur in the following instances:
- The vacancy and/or company information is incorrect, incomplete, non-topical, nonexistent and/or not concrete;
- Principal has posted a CV on the Site;
- The vacancy contains a reference to other vacancies, which are not posted on the site;
- The vacancy and/or company information violates third party (intellectual) property, or is illegal with regard to third parties in other ways;
- The vacancy and/or company information violates Dutch law and legislation.
- 7. Login data provided by 2go4career.com are restricted to Principal and may not be transferred. A login account may be freely used within the company of Principal, however.
- 8. Principal is required to treat the login data provided by 2go4career.com carefully. Principal is personally responsible for keeping his password and Username secret. Principal warrants to 2go4career.com that the password will not be used by unauthorised persons, and is personally liable for possible unauthorised use, abuse, or incorrect use of the personal password.
- 9. Principal is not allowed to post CVs on the Site.
- 10. Principal acknowledges that 2go4career.com is entitled at all times to temporarily or permanently deny access to 2go4career.com, and to immediately suspend or terminate use to Principal who, in retrospect, appear to either meet a condition of refusal as mentioned in this article, or appear to be minors or unauthorised to contract, or have submitted incorrect data, or have acted illegally towards 2go4career.com or third parties, or have not adhered to one or more stipulations of these terms and Conditions and/or the Agreement. This has no consequences for 2go4career.com damage compensation entitlements.
- 11. Principal may cancel usage by the method prescribed by 2go4career.com. Possible financial obligations towards 2go4career.com are required to be met integrally at all times.
- 12. Principal warrants that the Site will be used in accordance with the stipulations of the Agreement, any applicable national and international laws, and generally, in a responsible way, solely for personal and admissible professional purposes, and without violating rights of third parties.
- 13. Principal acknowledges that, in the context of this agreement, he will be provided confidential information of Jobseekers and/or 2go4career.com. Principal is obliged to observe secrecy regarding such confidential information. Principal will treat such information as confidential at all times, and will not publish and/or multiply it without explicit prior written permission of the Jobseeker involved or of 2go4career.com. Confidential information, in the sense of this article, includes among other things any personal data included in the CV database.
- 14. The obligation of secrecy as described in this article lasts until 2 years after termination of the Agreement.
Article 3. Jobseeker Data
- 1. If Jobseeker wishes to use the Site, Jobseeker is required to ensure that his data, including but not limited to, name, address, and residence information regarding his CV is complete, correct, and topical. The information provided by Jobseeker in his CV must be relevant and in accordance with the purpose of the Site. In addition, Jobseeker warrants that he is (legally) authorised to use the Site in any way.
- 2. 2go4career.com reserves the right to abbreviate or alter texts of posted CVs. 2go4career.com also reserves the right to remove CVs from the Site in case the contents of the CV violate rights of third parties, including but not limited to, intellectual property.
Article 4. User - 2go4career.com relationship
- 1. 2go4career.com is not involved in any way in offering and filling of vacancies posted on the Site. User acknowledges that 2go4career.com tries to bring jobseekers and employers/intermediaries together. However, 2go4career.com is never a party in any possible employment contract entered into between such parties by using the Site.
- 2. 2go4career.com is not responsible for Users respecting legal stipulations such as any (fiscal) law or legislation.
- 3. User accepts that 2go4career.com is unable to establish the identity of Users with any degree of certainty, and that User is therefore personally responsible to establish identity and trustworthiness of other Users.
- 4. 2go4career.com is obliged to perform (or have performed) the activities assigned to 2go4career.com as a proper and careful Commissionee , according to best insights and in accordance with standards of professionalism. All services of 2go4career.com are performed on the basis of an obligation to perform to the best of its abilities.
Article 5. 2go4career.com Usage
- 1. Principal acknowledges that 2go4career.com is producer of the 2go4career.com vacancy and CV database in the sense of the Databankenwet (Dutch Database Act), and is proprietor of copyright of the vacancy and CV database.
- 2. Principal is prohibited to publish, copy, or otherwise multiply, alter, or make available to third parties in any way, or download and store in a personal database or personal computer system, any data files from the vacancy and CV database, or parts thereof, except by explicit prior written approval of 2go4career.com.
- 3. Principal may only use data files from the CV database, or parts thereof, for purposes of filling a concrete and appropriate vacancy which is vacant at the moment of using the CV database, and only to the extent to which the data files from the CV database, or parts thereof, are reasonably associated with such concrete vacancies.
- 4. Principal is only allowed to use the CV and vacancy database within his own enterprise with the goal of recruiting new employee for this enterprise, and such exclusively to the extent to which such is allowed in accordance with the Databankenwet (Dutch Database Act) and other relevant legal regulations.
- 5. 2go4career.com reserves the right to intervene of User requests more data files from the vacancy and/or CV database, or parts thereof, than is to be expected on normal usage.
- 6. Improper usage of 2go4career.com Services by User is prohibited. This includes, among other things, that User is prohibited to use any soft- or hardware based tools and solutions (either personally owned or made available by third parties), insofar as these aim to copy data, or to use and/or view the vacancy database and CV database in any other improper fashion.
- 7. Furthermore, on encountering the situations listed in this article, and after having issued a warning, 2go4career.com reserves the right to immediately block the account of User and User access to the vacancy database and/or CV database in such instances.
Article 6. Duration and Reimbursement
- 1. An Agreement between 2go4career.com and Principal takes effect on its notarised date, or earlier inasmuch as advertising space on the Site is actually made available to Principal.
- 2. Prices and possible cost estimates are in Euros and do not include VAT or other possible levies by authorities. All offers to User by 2go4career.com are without engagement.
- 3. Principal subscribes to 2go4career.com for the duration of the term listed in the agreement.
- 4. If no such term is listed, the Agreement is valid for an initial one (1) year period, commencing at the moment 2go4career.com activates Principal's account after his subscription.
- 5. After expiry of the agreed term, the Agreement will be tacitly prolonged by 12 months on each occasion, unless prior written notice of cancellation has occurred, observing a 1 month term of notice.
- 6. 2go4career.com is entitled to change rates during the duration of the Agreement. In such instances, article 8 subsection 8 similarly applies.
- 7. If there is good reason to doubt whether Principal will fully and/or timely meet his obligations, Principal is obliged to provide security in the fashion required by 2go4career.com at first request. If Principal does not meet this obligation within 14 days, 2go4career.com is entitled to suspend implementation of the Agreement without being liable for damages, as long as Principal has not met the request.
- 8. In the event of violation or impending violation of the stipulations of the Agreement or of these Terms and Conditions by User, 2go4career.com may immediately suspend access to the account wholly or partially, without prior notice and without entitling Principal to reimbursement. Principal will be given notice of such suspension.
- 9. Principal and 2go4career.com are entitled to immediately terminate the agreement of assignment if Principal or 2go4career.com:
- Enter a state of bankruptcy, or have submitted a request for bankruptcy;
- Have been granted moratorium, or have submitted a request for moratorium;
- Cease business activities.
- 10. 2go4career.com is entitled to suspend meeting its obligation under the agreement, or to annul the agreement, if:
- Principal does not meet, does not timely meet, or does not fully meet, his obligations under the Agreement or under these Terms and Conditions;
- Circumstances perceived by 2go4career.com after entering into agreement provide good reasons to fear that Principal will not meet his obligations.
Article 7. Payment and Collecting-charges
- 1. Payment should always occur within 14 days of date of invoice, in a way to be indicated by 2go4career.com, unless indicated otherwise by 2go4career.com in writing. Objections to the amounts of statements do not suspend payment obligations.
- 2. If Principal pays the (partial) amount due for the Services by automatic monthly collection, Principal is required to ensure sufficient bank/giro credit balance on the dates around the agreed collection date. On default of payment on the expiry date, Principal is legally in default, such without need for further notice of default. Total claims of 2go4career.com, including claims of which the expiry date has not yet passed, are then fully and immediately claimable.
- 3. If Principle is in default of timely payment of invoices, he is legally in default. Principal is then due interest at 1% per month, or a proportion of a month, unless legal commercial interest rates are higher, in which instance legal commercial interest is due. Interest over the claimable amount will be calculated from the moment Principal defaults until the moment of payment of the total amount due.
- 4. 2go4career.com is entitled to have payments made by Principal initially cover expenses made, subsequently to cover vacant interest due, and finally to compensate the sum total and current interest.
- 5. Without entering a state of default, 2go4career.com may refuse a payment proposal if Principal indicates a different order of attribution of payment. 2go4career.com may refuse full payment of the sum total, if such does not include payment of vacant and current interest and collection expenses.
- 6. Principal is never entitled to settlement of the amount he is due to 2go4career.com. Objections to the amounts of statements do not suspend payment obligations.
- 7. If Principal is in default of (timely) meeting his obligations, any reasonable costs of achieving extrajudicial compensation are on account of Principal. Extrajudicial costs are calculated based on what is common for Dutch collection practice, currently the calculation method according toRapport Voorwerk II.
- 8. If, however, 2go4career.com incurs greater collection costs which were necessary by reasonable standards, the actual costs incurred are due. Any possibly incurred legal and execution costs will also be recouped on Principal. Principal is also due interest over collection costs due.
Article 8. Communication and Spam
- 1. 2go4career.com is made accessible through the Internet. As a consequence of dependency on the Internet, and with regard to its uncertain and sometimes unpredictable nature, it is possible that 2go4career.com is not permanently accessible. 2go4career.com is never liable for this.
- 2. 2go4career.com is entitled to (temporarily) render its system out of order, or to limit its usage, in case this is necessary for maintenance or adjustment of (parts of) the Site, without giving rise to any claims of User to reimbursement towards 2go4career.com.
- 3. 2go4career.com corresponds with a User by means of E-mail to the E-mail address submitted by User, and is not held to use other means of communication under normal circumstances.
- 4. Usage of (personal) data of third parties published through the Site, including, but not limited to, E-mail addresses of Jobseekers and Principals, is only ever allowed for the purpose of filling a concrete, vacant and appropriate vacancy. Under no circumstances is processing of (personal) data allowed for any other purposes, which entails among other things that it is prohibited to:
- Initiating any means of (unasked for) commercial communication with jobseeker(s) by means of E-mail, fax, SMS, MMS. Mail, or otherwise, including at least direct or indirect promotion of goods, services or images of an enterprise, organisation, or person, insofar as such does not relate to fulfilling an actual vacancy;
- Initiating any means of (unasked for) commercial communication with an employer or intermediary by means of E-mail, fax, SMS, MMS. Mail, or otherwise, including at least direct or indirect promotion of goods, services or images of an enterprise, organisation, or person, regardless of whether such relates to fulfilling an actual vacancy;
- Any other means of unrequested communication;
- Collection of E-mail addresses of Principals and/or Jobseekers for any reason whatsoever.
- 5. If User conduct (partially) conflicts with the stipulations of the previous subsection, User is liable, without further warning or notice of default and without need for legal intervention, for an immediately claimable fine of EUR 1,000.00 (one thousand Euro) for each occasion, in which using an (personal) item of data counts as one occasion, such without reducing 2go4career.com rights to reimbursement and/or claims of adherence.
Article 9. Liability
- 1. 2go4career.com is only liable for damage to Principal or third parties if such damage is the direct and immediate result of an accountable fault in the implementation of the Agreement by 2go4career.com. Liability of 2go4career.com is limited at all times to a maximum of the amount paid or due by Principal over the twelve (12) months preceding the arise of the cause of damage, unless damage is a consequence of serious misconduct or gross neglect, or was caused intentionally by 2go4career.com.
- 2. User accepts that 2go4career.com is not liable for any damages to him resulting from actions by 2go4career.com in accordance with these Terms and Conditions, and will reimburse any damages to 2go4career.com which result from any claim by third parties involving unauthorised actions of User mentioned in these Terms and Conditions.
- 3. The results of application and implementation of studies and counselling performed by 2go4career.com are subject to a wide range of factors which are not under the influence of 2go4career.com. Although 2go4career.com will perform the assignment according to its best insights and abilities, and in accordance with standards of professionalism, 2go4career.com is therefore unable to provide guarantees regarding the results of studies performed and counselling provided by 2go4career.com.
- 4. User accepts that 2go4career.com cannot be held liable for any damage incurred by User as a consequence of inability to access 2go4career.com, disruptions, software flaws, incomplete or incorrect transfer of information, or by any fault of 2go4career.com in implementing this agreement, except in instances of intent or serious misconduct by 2go4career.com.
- 5. 2go4career.com is never liable for indirect or consequential damage, loss of turnover or profit, missed savings, loss of data, damage resulting from company stagnation, or immaterial damage.
- 6. User fully indemnifies 2go4career.com against any possible claims by third parties which in any way result from and/or are connected to usage of Site by User or User posting CVs, vacancies, and/or company information on the site, also including any claims based on the statement that the CV, vacancy, or company information involved breaches third party intellectual property.
- 7. 2go4career.com is not responsible/liable for the content of websites referred to on the Site, for instance by means of hyperlinks, banners. Or buttons.
- 8. Although 2go4career.com will perform any reasonable effort to ensure that the connection between the 2go4career.com online platform and the User infrastructure is safe - in which the current position of technology is take in to account, among other things - 2go4career.com does not accept liability for safety risks caused by computers, operating systems, Internet connections, etc., of User.
- 9. 2go4career.com is not liable for any misunderstanding, distortion, delay, or improper arrival of notifications as a result of use of the Internet or any other means of communication in the exchange between User and 2go4career.com, or between 2go4career.com and third parties, inasmuch as this concerns the relation between User and 2go4career.com, unless and insofar as intent or serious misconduct of 2go4career.com is concerned.
- 10. In contrast to legal expiry terms, the expiry terms of any claims and defences of User towards 2go4career.com and any third parties involved by 2go4career.com in implementing an agreement, amount to one year.
- 11. The above stipulation does not apply if, in the situation concerned, it conflicts with mandatory (consumer) law.
Article 10. Privacy, Information, and Intellectual Property
- 1. 2go4career.com only uses the information obtained from Users for purposes of performance of 2go4career.com. By registering on the Website, User authorises 2go4career.com to store and use this information.
- 2. User authorises 2go4career.com to use these data for prevention of abuse and deceit (including transfer of data to the Justice Department or to victims of abuse and deceit) and for statistical purposes related to Site usage.
- 3. 2go4career.com reserves the right to remove information from the Site which, by its exclusive judgement, could entail liability to 2go4career.com.
- 4. User ensures that the information provided by him on registration or in the instance of a requested/provided service, including any images and descriptions, to the extent of their relevance:
- Correct, complete, and accurate;
- Not conflicting with law or international regulations in the area of consumer protection, unfair competition, misleading or comparative advertising, or equal treatment;
- Does not contain or involve any threatening, blasphemous, or disturbing messages;
- Does not contain or involve any obscene statements or child pornography;
- Does not contain computer viruses, Trojan horses, worms, time bombs, ‘cancelbots', or other programme routines which are intended to damage, negatively influence, disturb in their normal operation, or provide control over computer systems, computer programmes, or Websites;
- Does not contain any discriminating and/or hateful text.
- 5. User warrants that he will not use any equipment or programmes in his contacts with 2go4career.com that may disrupt normal 2go4career.com operation, and will not send data to 2go4career.com that might disproportionately burden 2go4career.com infrastructure because of their size or properties.
- 6. User warrant that he will not use (functionalities of) the site to:
- Send or spread data containing viruses, worms, spyware, malware, or download, send or spread any other similar harmful programmes, or;
- Perform calculations, operations, or transactions that may disrupt, destroy, or impair Site, programme, computer, or telecommunication device functionality.
- 7. All (intellectual) property of the contents of the Site remains with 2go4career.com.
- 8. Furthermore, 2go4career.com reserves all rights related to any products resulting from the spirit which it uses or used and/or developed in the context of implementation of the agreement with User, insofar as such rights are legal consequences.
- 9. 2go4career.com reserves the right to exclude User from any further usage of the Site, and to dissolve the Agreement with Principal, if User operates in any way which violates these Terms and Conditions, any stipulation of Dutch law, or the Internet etiquette which the User is expected to observe on the Internet.
- 10. The above subsection does not affect the right of 2go4career.com to take additional legal measures against User and to claim reimbursement. Invoice amounts due by Principal are claimable immediately.
Article 11. Force Majeure
- 1. If 2go4career.com fails to meet its obligations without being accountable for such failure (force majeure), 2go4career.com is not liable. Insofar as meeting obligations is not permanently impossible, 2go4career.com obligations are suspended. If the period in which meeting obligations is impossible because of force majeure lasts longer, or will last longer, than thirty days (30), both parties are entitled to terminate the Agreement, without any obligations of reimbursement arising in this instance.
- 2. If, at the onset of force majeure, 2go4career.com has partially met its obligations already, or is only partially able to meet its obligations, 2go4career.com is entitled to separately invoice services already provided or the proportion of its services yet to be provided, respectively, and Principal will be obliged to pay such invoices as if this were a separate Agreement.
- 3. Force majeure to 2go4career.com in the context of this article, includes any circumstances outside of the influence of 2go4career.com, by which meeting its obligations towards User is rendered partially or wholly impossible, or by which meeting such obligations cannot reasonably be expected of 2go4career.com, regardless of whether such circumstances could have been foreseen at the time of entering into the Agreement. Such circumstances include at least, but are not limited to: obligations imposed by the authorities which have consequences to distribution of services through the Website; disruptions in the systems composing the Internet; disruptions to telecommunications infrastructure; and failure of power supply to 2go4career.com.
Article 12. Complaints
- 1. On posting of vacancies and/or company information, principal is obliged to investigate whether these data comply with the Agreement. If this is not the case, Principal is under obligation to send possible complaints by a well-founded E-mail to the 2go4career.com contact address, which is listed on the Site, within 8 days of posting of the vacancy and/or company information concerned.
- 2. If the posted advertisement and/or company information does not comply with the Agreement, 2go4career.com, at its own discretion, is only held to revision and/or changing of the (text of the) advert and/or company information, or to replacing the posted advertisement and/or company information.
Article 13. Dutch Law
- 1. Dutch law is exclusively applicable to any agreement entered into by 2go4career.com, in which any disputes arising from or related to obligations resulting from the agreement established between the parties, will be submitted to the authorised court of law at Breda. This stipulation applies unless the law compulsively dictates otherwise.
- 2. The aforementioned stipulation also applies if services are partially or wholly performed abroad, or if the residence of the party involved is abroad. Possible applicability of the United Nations Convention on Contracts for the International Sales of Goods is dismissed.
- 3. Applicable is at all times the latest submitted version and/or the version of the Terms and Conditions as valid at the moment of establishment of the agreement to 2go4career.com. The Dutch version of these Terms and Conditions always prevails in their interpretation.