Terms and Conditions Technicus.nlTechnicus.nl is a brand of Vacatures Online B.V.
Vacatures Online B.V. has its registered office at Wilhelminapark 21, 5041 EB in Tilburg and is registered with the Chamber of Commerce under number 65350510.
These terms and conditions are filed at the Chamber of Commerce in Tilburg and can be downloaded as PDF.
Article 1. Definitions In these general terms and conditions, the following terms are capitalised and, unless explicitly stipulated otherwise by the context, have the following meaning:
1. Contract: the agreement between Vacatures Online B.V. and an Employer on the basis of which Vacatures Online B.V. will provide the Employer with continuous services against regular payment to Vacatures Online B.V. by the Employer.
2. Account: the collection of information with regard to a certain Other Party, which information can be consulted and changed via the website of Vacatures Online B.V. after provision of the corresponding login details.
3. Content: digital information and data, including but not limited to videos, music, sounds, texts, images, data (files), applications and other software.
4. Services: all services provided by Vacatures Online B.V., including the use and access to the Online Platform of Vacatures Online B.V., the ensuing provisions and corresponding activities.
5. Online Platform: the automated online system of Vacatures Online B.V., made available to the Other Party on one of the websites of Vacatures Online B.V.
6. Other Party: the natural person or legal entity that uses the Services of Vacatures Online B.V., including the Jobseeker and the Employer.
7. Employer: the natural person or legal entity that places vacancies on the Online Platform of Vacatures Online B.V., makes use of the résumé database or otherwise uses the Services of Vacatures Online B.V. and has concluded a Contract for that purpose or purchases a Service from Vacatures Online B.V. on a non-recurring basis.
8. Jobseeker: the natural person looking for a suitable vacancy and uses the Online Platform of Vacatures Online B.V. for that purpose.
Article 2. Applicability
1. These terms and conditions apply to all offers, agreements and all deliveries, including the use of the Online Platform of Vacatures Online B.V., hereinafter referred to as Vactures Online B.V., the ensuing provisions and corresponding activities, regardless of whether they are agreed on in writing or verbally, unless explicitly agreed otherwise in writing.
2. Any purchase or other conditions of the Other Party do not apply. The applicability of any purchase or other conditions of the Other Party or third parties is therefore explicitly rejected by Vacatures Online B.V.
3. Vacatures Online B.V. is at all times entitled to change or supplement its general terms and conditions. The amended general terms and conditions will come into effect for the agreement within 30 days of having been announced. If the Other Party does not agree with the intended changes to the general terms and conditions, the Other Party is entitled to terminate the agreement with Vacatures Online B.V. as from the date on which the amended terms and conditions come into effect.
4. Changes and supplements to these general terms and conditions and/or the agreements concluded between Vacatures Online B.V. and the Other Party are valid only insofar as they have been agreed on in writing by Vacatures Online B.V. and the Other Party.
5. The headings of the articles of these terms and conditions only serve to improve readability. The content and purport of an article incorporated under a heading are therefore not limited to that heading.
Article 3. Agreements with Employers
1. The agreement between Vacatures Online B.V. and the Employer will come into effect only after the Employer has completed all steps of the online order process. In addition, Vacatures Online B.V. may carry out this process on the instruction and on behalf of the Employer. Vacatures Online B.V. will subsequently confirm the creation by e-mail.
2. Unless a certain term is agreed when an agreement is concluded or if an agreement is of a temporary nature, an agreement is concluded for an indefinite period of time.
3. A fixed-term agreement ends by a written notice of termination when the period for which the agreement was concluded has lapsed. A fixed-term agreement cannot be terminated prematurely.
4. If a fixed-term agreement is not terminated in time by the Employer, it will be automatically (tacitly) renewed for an indefinite period of time.
5. An agreement for an indefinite period of time can be terminated in writing with effect form the end of the month only, subject to a notice period of one month. Notice of termination is given in writing, by e-mail or letter and will be confirmed by Vacatures Online B.V. as soon as possible after receipt thereof.
6. Termination of the Contract by the Employer never gives rise to a refund of contract fees (already paid). After termination of the contract all rights to active products are ended.
Article 4. Agreements with Jobseekers
1. Jobseekers have free access to the Online Platform of Vacatures Online B.V., unless indicated otherwise.
2. A Jobseeker will have access to all functionalities of the Online Platform only once the Jobseeker has created an Account. To that end, the Jobseeker has to complete a registration process and give his (personal) details when requested. If the Jobseeker does not create an Account, the functionalities of the Online Platform may be restricted.
Article 5. Access to the Services
1. After the Other Party has successfully completed the registration process, Vacatures Online B.V. will send the Other Party the login details. These login details enable the Other Party to use the Services of Vacatures Online B.V.
2. Vacatures Online B.V. grants the Other Party the non-exclusive right to use the Services. The Services are made available on an as is basis.
3. User rights are transferred to the Other Party only when the Other Party has paid the appropriate fees in time.
4. Use of the Services is personal, non-transferable and the Services can only be used at the Other Partys organisation and by its employees. The Other Party is not permitted to pass the login details to persons other than those mentioned above. The Other Party is liable for the consequences of all authorised and unauthorised use of the Account and login details by third parties.
5. Vacatures Online B.V. is entitled to refuse the Other Party further access to the Services if Vacatures Online B.V. suspects that the Other Party or a third party misuses the login details, for instance when Vacatures Online B.V. suspects that these details are used outside the Other Partys organisation, or when the Other Party fails to act in accordance with these general terms and conditions or other rules stipulated by Vacatures Online B.V.
6. The Other Party is not entitled to any damages, compensation or a refund of amounts paid if Vacatures Online B.V. decides to refuse access to the Services of the Other Party at any time.
7. All actions carried out via the Other Partys account are deemed to have been carried out under the responsibility and supervision of the Other Party.
8. The Other Party must immediately notify Vacatures Online B.V. of every change to his business name, branch details, bank account, as well as other (changed) circumstances that are important to the execution of the agreement concluded with Vacatures Online B.V.
Article 6. Termination of the agreement
1. Vacatures Online B.V. is entitled to terminate the agreement with immediate effect and/or to block access to the Services (temporarily or otherwise), if the Other Party fails to fulfil one or more of his obligations under the agreement or these terms and conditions towards Vacatures Online B.V., or fails to do so properly or if the Other Party acts in violation of these terms and conditions.
2. If the agreement terminates as a result of an attributable failure of the Other Party or if Vacatures Online B.V. decides to (temporarily) block access to the Services, the Other Party is nevertheless obliged to pay the fees due for the Services in time. When appropriate, the Other Party is not entitled to a refund, set-off or reduction of the agreed fees.
3. Vacatures Online B.V. is entitled to terminate the agreement with immediate effect, without further notice of default or legal intervention, in the event that:
a. the business of the Employer is liquidated;
b. the Employer is declared insolvent;
c. the Employer has been granted or has applied for a moratorium;
d. the Employer is placed under guardianship, put into administration or otherwise loses the disposition over his assets;
e. the Employer changes the object of his business; or
f. the Employer discontinues or transfers his business.
Article 7. Conditions of use
1. Vacatures Online B.V. grants the Other Party permission to gain access to the Services of Vacatures Online B.V. and to use them in accordance with the conditions set out below. The Other Party agrees that, if the Other Party fails to comply with these conditions, it will constitute a failure in the fulfilment of his obligations under these terms and conditions and that Vacatures Online B.V. in that case is entitled to terminate the agreement with the Other Party and to deny the Other Party further access to the Services of Vacatures Online B.V., without Vacatures Online B.V. being obliged to pay the Other Party any compensation or refund of amounts paid.
2. The Other Party is not permitted:
a. to use the Services of Vacatures Online B.V. in such a way that it would infringe third-party rights;
b. to use the Services of Vacatures Online B.V. for spreading computer viruses or material of an injurious, defamatory, insulting, racist, discriminating, obscene or threatening nature;
c. to use the Services of Vacatures Online B.V. to distribute material of a promotional or advertising nature without the prior written consent of Vacatures Online B.V., unless the addressee has explicitly asked for the transmission thereof;
d. to use the Services of Vacatures Online B.V. to store or distribute content that infringes third-party rights, including but not limited to copyrights, trademark rights and portrait rights, or acts unlawfully towards titleholders, by for instance offering, storing or distributing hyperlinks, torrents or similar information to materials that infringe their rights;
e. to use the Services of Vacatures Online B.V. in such a way that this constitutes an intrusion on third-party's privacy, including yet not limited to distributing third-party personal details without consent or necessity;
f. to make illegal use of the Services of Vacatures Online B.V. or the information and/or images provided in that respect;
g. to place Content on the Online Platform that is factually incorrect, including placing or creating non-existent vacancies;
h. to refresh Content, including vacancies, placed on the Online Platform (that is: to take it a vacancy offline for a short period of time, only to place it back in order to get the vacancy back at the top of the search results);
i. to download and store (scrape) the content of the Services by means of automated processes or technologies. To prevent scraping, the number of downloads of résumés and vacancies is limited to a maximum of 100 per day;
j. to make such use of the Services of Vacatures Online B.V. that this would harm, deform, interrupt, halt, overload or otherwise make the Services less efficient;
k. to distribute part or parts of the Services of Vacatures Online B.V., including but not limited to the software, brands, brand names, texts, videos and images published on the Online Platform of Vacatures Online B.V. on any type of medium without the prior written consent of Vacatures Online B.V.;
l. to change or modify any part of the Services of Vacatures Online B.V. and/or the corresponding systems, programs and/or technology;
m. to (attempt to) bypass, disable or otherwise intervene with security-related elements of the Online Platform of Vacatures Online B.V.;
n. to decompile, reverse-engineer or disassemble (parts of) the Online Platform;
o. to use the Services of Vacatures Online B.V. or the systems, programs and/or technology incorporated in those Services for business purposes without the prior written consent of Vacatures Online B.V. Among other things, this ban includes:
i. the selling or reselling of access to the Services of Vacatures Online B.V. on another website, particularly with the aim of generating advertising and/or contract revenue; and/or
ii. the further distribution of the Services, particularly with the aim of generating revenue by means of business activities that are mostly similar or comparable to the business activities undertaken by Vacatures Online B.V., including recruiters approaching Employers;
p. to use (part of) the content of the Online Platform of Vacatures Online B.V. on a website other than that of Vacatures Online B.V., without including an oB.V.ious link on that same web page that links back to the website of Vacatures Online B.V.;
q. to collect or gather (part of) the content of the Online Platform or website of Vacatures Online B.V. or (personal) details about Users of the Online Platform or website of Vacatures Online B.V. (by means of an automated system or otherwise).
3. The Other Party is at all times personally responsible for receiving messages by e-mail and the settings that ensure e-mail messages do not end up in the spam folder. The fact that e-mail messages end up in the spam folder does not relieve the Other Party from his payment obligation.
4. The Other Party is responsible for Content placed on the Online Platform of Vacatures Online B.V. by or on behalf of the Other Party and for the consequences of storing, placing or publishing this on the Online Platform of Vacatures Online B.V. Vacatures Online B.V. does not endorse this Content and/or the opinions, ideas or advice contained therein, and explicitly rejects all liability in connection with Content placed by the Other Party.
5. The Other Party declares and guarantees that the Other Party has all required and necessary licences, rights, consent and approval in connection with the Content placed on the Online Platform of Vacatures Online B.V. by the Other Party and that the Other Party will continue to have those for as long as this Content is offered on the Online Platform of Vacatures Online B.V. The Other Party will not upload any Content to the Online Platform of Vacatures Online B.V. or on the aforementioned websites if they are subject to third-party (property) rights, unless the Other Party has an appropriate licence or written consent of the stakeholder.
6. The conduct of the Other Party on the Online Platform of Vacatures Online B.V., as well as any Content placed on the Online Platform of Vacatures Online B.V. by the Other Party must comply with all applicable local, national and international legislation, as well as to the user guidelines of Vacatures Online B.V. as announced to the Other Party by Vacatures Online B.V. through the Online Platform or otherwise.
7. The Other Party agrees not to place or upload any Content on the Online Platform of Vacatures Online B.V. if the Other Party is not permitted to have such content in a country where the Other Party is established or resides or if Vacatures Online B.V. is not permitted to use or have such content in connection with the provision of the Services.
8. Vacatures Online B.V. reserves the right (but is not obliged) to decide if the Content placed on the Online Platform of Vacatures Online B.V. by the Other Party complies with the content requirements set out in these terms and conditions and it can remove the Content placed by the Other Party from its website and systems without prior notice as it sees fit.
9. The Other Party understands and acknowledges that the Other Party, when using the Services of Vacatures Online B.V. and the Content offered thereon, may be exposed to information and data that is factually incorrect, insulting, inappropriate or otherwise objectionable for the Other Party. The Other Party waives all rights and/or (legal) means it has or may have towards Vacatures Online B.V. with regard to the relevant information and data.
10. The Other Party indemnifies Vacatures Online B.V. against all third-party claims with regard to the Content placed on the Online Platform of Vacatures Online B.V. by the Other Party in question.
Article 8. Availability of the Services
1. Vacatures Online B.V. pursues maximum accessibility to and availability of the Services. The Other Party is not entitled to any compensation, refund or set-off if the Services of Vacatures Online B.V. are at any time not accessible or available (whether or not this is due to maintenance or any breakdown).
2. Vacatures Online B.V. is entitled to temporarily restrict or refuse access to the Services without being obliged to pay the Other Party any compensation, if this is required as a result of maintenance or resolving breakdowns. Vacatures Online B.V. will notify the Other Party of scheduled maintenance in advance to the greatest extent possible.
Article 9. Delivery period
1. All delivery dates given by or applicable to Vacatures Online B.V. are, to the best of their knowledge, based on the information given to Vacatures Online B.V. upon conclusion of the agreement and will be honoured to the greatest possible extent.
2. Agreed or given delivery dates are never final deadlines, unless expressly otherwise agreed. If an agreed or given delivery date is exceeded, the Other Party must give Vacatures Online B.V. written notice of default and offer Vacatures Online B.V. the opportunity to execute the agreement after all within a reasonable term. Vacatures Online B.V. does not accept any liability for any delivery time being exceeded.
Article 10. Prices and payments
1. All prices are exclusive of VAT and any other levies imposed by the government.
2. Unless explicitly agreed otherwise, Vacatures Online B.V. will charge the Employer the amounts owed by the Employer on a monthly basis. The Employer will pay the monies owed within 30 days of the invoice date without being entitled to any deductions, set-off or settlement other than permitted by law.
3. If payments to Vacatures Online B.V. are made with the intervention of a Payment Service Provider - as is the case with direct debit or payment via iDeal and/or a credit card - the Other Party may have to pay a processing fee. Vacatures Online B.V. or the Payment Service Provider will notify the Other Party of these costs in advance.
4. Despite the fact that payment via a Payment Service Provider is made via a secure connection, Vacatures Online B.V. does not accept liability for any damage the Other Party may suffer as a result of payments made by the intervention of a Payment Service Provider.
5. When the Employer fails to fulfil any of his obligations, the Employer is in default without any further demand or notice of default being required. In that case, the Employer must pay Vacatures Online B.V. the costs, both in and out of court, relating to the collection of all monies owed to Vacatures Online B.V. by the Employer. The extrajudicial collection costs amount to at least 15% of the amount owed, subject to a minimum of 150.00. In addition, the Employer owes statutory commercial interest on the amount due, from the date on which the Employer is in default.
Article 11. Price adjustments
Vacatures Online B.V. is entitled to change the prices of its Services and Contracts at any time. Vacatures Online B.V. will notify the Employer of any imminent rate change at least 30 days prior to an intended change. If the Employer does not want to accept the intended rate change, the Employer is obliged to terminate the agreement with effect from the date on which the rate change comes into effect. Notice of termination is given in writing, by e-mail or letter to the address of Vacatures Online B.V.
Article 12. Transfer
The agreement concluded between Vacatures Online B.V. and the Other Party and all rights and obligations ensuing from cannot be transferred to third parties without the prior written consent of Vacatures Online B.V.
Article 13. Non-attributable failure
1. Vacatures Online B.V. is not obliged to fulfil any obligation, if it is hampered to do so as a result of a circumstance which cannot be attributed to Vacatures Online B.V., nor if it is accountable for it by law, juristic act or generally accepted standards. The aforementioned circumstances also include circumstances that are beyond the control of Vacatures Online B.V. and business risks such as, but not limited to disruptions in connections with and of the Internet, power cuts, illness and strikes at the business of Vacatures Online B.V. or its suppliers.
2. If the non-attributable failure is of a temporary nature, Vacatures Online B.V. can suspend the agreement until the relevant situation no longer presents itself, without being obliged to pay any compensation.
3. In the event of a non-attributable failure, Vacatures Online B.V. reserves the right to demand payment for performances already delivered before the non-attributable failure was known.
Article 14. Nullity
1. If one or more provisions in this agreement are invalid, declared invalid, are nullified or have otherwise lost their legal validity, the other provisions in this agreement will continue to apply in full.
2. The parties will consult about the provisions that are invalid, declared invalid, are nullified or have otherwise lost their legal validity in order to come to a replacement arrangement, in such manner that the parties will aim for the purport of this agreement to remain in full force.
Article 15. Confidentiality
1. Vacatures Online B.V. is entitled to place the name and the logo of the Employer and his clients to whom Services have been provided on the website and on a reference list of Vacatures Online B.V. and to make this information available to third parties.
2. The parties agree to keep all confidential information disclosed to them during the provision of the Services strictly confidential and to use such information for the contractually agreed purposes only, unless agreed otherwise in writing. In this provision, confidential information is taken to mean information, documents, details and data that are marked as such or that should be regarded as confidential due to their nature.
3. In derogation from the other provisions in this article, Vacatures Online B.V. is entitled to place Content, including vacancies, placed on the Online Platform by the Other Party, on other websites too, including third-party websites, in order to increase its reach.
Article 16. Liability
1. The total liability of Vacatures Online B.V. due to an attributable failure to fulfil the agreement will, in accordance with the other provisions in this article, remain limited to compensation of direct damage, subject to a maximum of the price stipulated for that agreement, exclusive of VAT.
2. If the agreement also encompasses a continuing performance agreement with a term of more than six months or with an unlimited term, the stipulated price is set at the compensation total (excluding VAT) stipulated for six months.
3. Vacatures Online B.V. is in any case not liable for further damage and it will not compensate this further damage which the Other Party may suffer by virtue of the agreement concluded with Vacatures Online B.V., whatever the cause or reason, including any third-party claims against the Other Party.
4. Direct damage or loss is limited to:
a. the reasonable costs incurred in order to assess the cause of the losses;
b. any costs reasonably incurred in order to ensure that the poor performance of Vacatures Online B.V. complies with the agreement, unless these cannot be attributed to Vacatures Online B.V.;
c. the reasonable costs, incurred in order to prevent or limit losses, insofar as the Other Party proves that these costs have led to a reduction of losses.
5. Liability of Vacatures Online B.V. for indirect damage, including consequential damage, lost profits, lost savings, losses, damage caused by business interruptions, third-party claims against the Employer or fines for failing to meet any completion or delivery date is excluded.
6. With the exception of the case referred to in paragraph 1 of this article, Vacatures Online B.V. can never be held liable for damage, irrespective of the ground on which a claim for compensation was to be based.
7. Statistics about Content on the Online Platform of Vacatures Online B.V., including statistics about vacancies, may be influenced by bots/spiders/crawlers. Vacatures Online B.V. makes reasonable efforts to filter these bots/spiders/crawlers from the statistics, but it does not accept any liability for damage suffered by the Other Party as a result of statistics that are influenced by bots/spiders/crawlers or other automated visits.
8. Vacatures Online B.V.s liability only arises if the Other Party has given Vacatures Online B.V. notice of default in writing without delay and in a proper manner, stipulating a reasonable period for remedying the failure, and Vacatures Online B.V. continues to fail attributably to fulfil its obligations after that period. In order to allow Vacatures Online B.V. to respond adequately, the notice of default must contain a description of the failure that is as accurate as possible.
9. The condition for the establishment of any right to compensation will at all times be that the Other Party notifies Vacatures Online B.V. thereof in a registered letter within 14 days of the damage arising, and that it takes measures that will limit the damage to the greatest possible extent.
10. The Other Party indemnifies Vacatures Online B.V. against all third-party claims for liability as a result of a defect in a product, system or a service supplied by the Other Party to a third party and which (in part) comprised the product supplied by Vacatures Online B.V.
11. Vacatures Online B.V. does not accept liability for damage of whatever nature that is the result of failure to offer support in time.
Article 17. Data protection
1. Vacatures Online B.V. will at all times comply with the relevant legislation in the field of the protection of personal details. Among other things, this compliance implies that Vacatures Online B.V. will not disclose the business and personal details of the Other Party to third parties, unless the Other Party has consented to this or if Vacatures Online B.V. is forced to do so by virtue of an order from a competent authority.
2. Vacatures Online B.V. will take all technical and organisational measures reasonably possible in order to safeguard and secure its systems, taking the nature of the risks, the state of the art and the costs of implementing the measures into account.
3. Given the risks involved in using the Internet, Vacatures Online B.V. cannot guarantee the confidentiality of business and personal details, message traffic or other information used or distributed by the Other Party.
Article 18. Applicable law and choice of forum
1. All agreements concluded between Vacatures Online B.V. and the Other Party are subject to Dutch law, unless the parties have agreed otherwise in writing.
2. Any dispute between the parties about the agreement they have concluded will be exclusively submitted to the appropriate competent Dutch court in Tilburg.
3. The Dutch wording is at all times decisive for the content and interpretation of these general terms and conditions and any translations thereof.
These terms and conditions are filed at the Chamber of Commerce in Tilburg and can be downloaded as PDF.
Please contact us if you have any questions about our terms and conditions.