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our terms

Terms of delivery

These Terms of delivery of use describe the conditions under which the Webtool itvacatures.amsterdam can be used by a Client.
 

Definitions

IT Collectief

the private limited liability corporation (besloten vennootschap) IT Collectief BV, registered with the Chamber of Commerce under number 66074711 and having its office at Willems Parkweg 92-H, 1071 HM Amsterdam.

Client

the employer who entered into an Agreement with IT Collectief

Administrator

An employee of the Client who has access to the Account

Service

offering an online platform where job-seeking software developers and employers are brought into contact with each other

Job-seeker

a natural person who creates a profile in the Webtool and has made data available.

Agreement

the agreement between IT Collectief and the Client

Webtool

the webtool itvacatures.amsterdam which is made available for use by IT Collectief

Account

a unique username and password assigned to the Client after the completion of an electronic registration process, with which the Client can gain access to the Webtool

Leverancier

the supplier to IT Collectief whose services are being used in performing the Service

Website

www.itvacatures.amsterdam

Terms

the general terms of delivery of IT Collectief for a Client as contained in this document

GDPR

General Data Protection Regulation (EU Regulation 2016/679)

 

article 1 General

  1. These Terms apply to every offer, fee quote and Agreement between IT Collectief and a Client to which IT Collectief has declared these Terms applicable. The conclusion of an Agreement with IT Collectief means that the Client unconditionally accepts the applicability of these Terms.
  2. The present Terms also apply to Agreements with IT Collectief for the execution of which third parties must be involved by IT Collectief.
  3. If at any time one or more provisions in these Terms are wholly or partially void or are annulled, the other provisions in these Terms will remain fully applicable. IT Collectief and the Client will then enter into consultation to agree new provisions to replace the void or anulled provisions, taking into account as much as possible the purpose and scope of the original provisions.
  4. Any deviations from these Terms are only valid if explicitly agreed in writing and only apply to the specific Agreement to which the deviations relate.
  5. The applicability of any purchase (terms) or other (general) terms of the Client is explicitly rejected.
  6. Additional terms may apply to the execution of the Service, for example from the Supplier. These are then made available to the Client in a timely manner by IT Collectief. Use of the Service constitutes acceptance of these additional terms.
  7. IT Collectief reserves the right to change or supplement these Terms. Changes also apply to Agreements already concluded with due observance of a period of thirty (30) days after publication of the change via the website of IT Collectief and/or e-mail. If the Client does not wish to agree to these changes, it has the right to cancel the Agreement with due observance of a notice period of ten (10) days prior to the date on which the changes take effect.
  8. In the event that these Terms and the Agreement contain conflicting provisions, the terms included in the Agreement shall prevail.
 

article 2 Offer

  1. The quotations and offers made by IT Collectief are non-binding and valid for fourteen (14) days after initial offer made by IT Collectief, unless otherwise indicated in the fee quote.
  2. All fee quotes and offers are based on the information provided by the Client. In the event of proven inaccuracy or incompleteness thereof, the Client cannot derive any rights from an (accepted) fee quote or offer against IT Collectief.
  3. IT Collectief cannot be held to its fee quotes or offers if the Client should reasonably understand that the fee quotes or offers, or a part thereof, contain an obvious mistake or error.
  4. The prices stated in a fee quote or offer are in euros and exclusive of VAT and other government levies, any costs to be incurred in the context of the Agreement, including installation, travel and accommodation, shipping and administration costs, unless indicated otherwise.
  5. The Webtool is not intended for use by recruitment and selection agencies or any other form of recruitment. IT Collectief has the right to refuse potential clients. Any fees already paid will be refunded after deduction of administration costs.
 

article 3 Conclusion of an Agreement

  1. An Agreement is only concluded once IT Collectief has accepted or confirmed an order or assignment in writing (including electronically).
  2. The Agreement must be signed by a duly authorized representative of the Client.
  3. If the Agreement has not been signed by a legally authorized representative of the Client, the Agreement will nevertheless be deemed to have been concluded if a legally authorized representative of the Client accepts or confirms the Agreement in writing (including electronically).
  4. Additions and changes to the Agreement can only be made in writing (including electronically).
  5. Client is not entitled to sell and/r transfer the rights and/or obligations from the Agreement to a third party.
 

article 4 License

  1. IT Collectief grants the Client the non-exclusive right to use the Service.
  2. The right of use only includes the authorizations that are explicitly granted in these Terms.
  3. The Client's right of use may only be exercised by Administrators and on the method specified in the Agreement.
  4. Only persons who work in the organization of the Client and in respect of whom it is explicitly stipulated in the Agreement, or persons of which unambiguously follows from the Agreement that they are entitled to use the Webtool, can be considered Administrators.
  5. The right of use is always granted on the condition of full and timely payment of the applicable fee.
  6. Without prejudice to the provisions of the preceding paragraph, the Client is not permitted to integrate the Webtool in whole or in part or to merge it with software from third parties or from the Client itself, unless the Client has explicitly obtained written and prior permission from IT Collectief.
 

article 5 Service

  1. The Service enables the Client to process (personal) data. IT Collectief acts as a processor as this term is defined in the GDPR. The Client indemnifies IT Collectief against all third-party claims in connection with the GDPR to the extent these claims do not originate from any offenses of the GDPR by IT Collectief.
  2. The function to post a vacancy and other functions of the Webtool may only be used by employers who are looking for employees.
  3. IT Collectief is in no way involved in offering and filling vacancies that are mentioned via the Webtool. The Client acknowledges that IT Collectief is trying to bring job-seekers and employers together. However, IT Collectief is never a party to any (employment) agreement that is concluded between such parties through the use of the Webtool.
  4. IT Collectief is not responsible for compliance by a Client or Job-seeker with legal provisions such as any (fiscal) legislation or regulations.
  5. The Client accepts that IT Collectief is unable to establish the identity of a Job-seeker with certainty and that the Client is therefore obliged to establish the identity and reliability of a Job-seeker.
  6. All IT Collectief services are performed on the basis of a reasonable effort obligation.
 

article 6 Account

  1. IT Collectief will provide the Client with an administrative username and password. With this data the Administrator has access to the Webtool.
  2. Without prior permission of IT Collectief, the Client is forbidden to make the user name or Account provided by IT Collectief available to third parties, or to use it other than for the stated purposes.
  3. Every action that takes place via the administrative Account is deemed to take place under the responsibility and for the risk of the Client. In the event of suspected abuse of an Account, the Client must report this to IT Collectief as soon as possible so that it can appropriate measures.
  4. The agreed services may only be used by the Client in its own company or organization and for a certain number or type of Administrators for which the user right has been granted.
 

article 7 Use

  1. Client can create a company page of his company, post job openings and/or contact Job-seekers.
  2. It is not permitted to use the Service for a purpose that violates Dutch or other applicable laws or regulations. In all processing of personal data, the Client must comply to the GDPR.
  3. Client is solely responsible for his or her job placement through the Service. IT Collectief is not responsible for any employment decision, for whatever reason, that is taken by a party that posts job openings through the Service.
  4. It is not allowed in a job posting:
    1. to place hyperlinks other than those for which IT Collectief has specifically given prior permission;
    2. place misleading, illegible or "hidden" keywords, repeated keywords or keywords that are not relevant to the vacancy offered, as reasonably determined by IT Collectief;
    3. to include names, logos or trademarks of non-associated companies other than those of the Client and except those for which IT Collectief has explicitly given prior permission.
    4. to include careless, incorrect or misleading information;
    5. material or links to material that exploits people in a sexual, violent or other manner or that requires personal information from anyone under the age of 16.
  5. The Client may not use the Service:
    1. to place vacancies in a manner that is not in accordance with applicable laws;
    2. 2. to post job openings or other advertisements for competitors of IT Collectief or to post job openings or other content that contains links to any site that competes with IT Collectief;
    3. for selling, recommending or advertising products or services;
    4. to offer sexual services or to seek employees for jobs of a sexual nature.
  1. IT Collectief reserves the right to remove any posted vacancy if, in the opinion of IT Collectief, it is not in accordance with these Terms or if any content has been placed that IT Collectief believes not to serve the interests of IT Collectief.
  2. In the event that according to IT Collectief one of the aforementioned provisions is violated or when receiving a complaint about this, IT Collectief will give the Client a warning. If the warning does not lead to an acceptable solution, IT Collectief can terminate the Agreement in accordance with article 14 paragraph 2. In urgent cases IT Collectief can intervene without warning.
 

article 8 Responsibility

  1. Unless otherwise agreed in writing, the Client is responsible for management, including checking the settings, the use of the Service and the way in which the results of the Service are used.
  2. The Client is also responsible for the instruction to and use by Administrators, whether or not these Administrators have a relationship of authority with the Client.
  3. IT Collectief makes backups of its own data. The client must make its own backups of the data exported to its own systems. IT Collectief is in no case liable for costs of reproduction of mutilated or lost data, nor for (consequential) damage or lost profits from the Client.
 

article 9 Execution and availability

  1. IT Collectief makes every effort to ensure optimum availability of and access to the Webtool, but can never guarantee uninterrupted availability, given the nature of the internet.
  2. IT Collectief can continue the execution of the Service using a new or changed version of the Webtool. IT Collectief is not obliged to maintain, change or add specific features or functionalities of the Service or Webtool specifically for the Client.
  3. IT Collectief may temporarily disable the Service in whole or in part for preventive, corrective or adaptive maintenance. IT Collectief will not allow the non-functioning to last longer than necessary, if possible outside office hours and, depending on circumstances, to commence after notifying the Client.
  4. IT Collectief offers the Service on the basis of "fair use", which means that in principle no restrictions are imposed on the (network) traffic/load used by the Client, unless otherwise specified in the Agreement. IT Collectief reserves the right, in the event of excessive use, being use that is significantly higher than that of the average Client, to take technical measures at its own discretion.
  5. The client must, immediately after the first notification by IT Collectief of excessive system and/or network load, take measures to put an end to this. IT Collectief is entitled to suspend the Service and/or any other obligation to be performed under the Agreement in the event of a continuously excessive system and/or network load.
  6. In the event of a structurally excessive system and/or network load, the parties will discuss the costs thereof.
 

article 10 Agreement duration and transfer

  1. The Client can purchase one or more job slots. The Agreement is entered into for the period of one (1) year, unless the parties have explicitly agreed otherwise in the Agreement.
  2. After the expiry of the period referred to in the previous paragraph, the Agreement will be tacitly renewed for a successive period of one (1) month, unless one of the two parties terminates the Agreement in writing at least one (1) month before the end of the then current period.
  3. Upon termination of the Agreement, the Client will immediately cease use of and stop using the Service. In addition, after termination of the Agreement, the Client will no longer have access to his data. IT Collectief will not refund any compensation to the Client upon termination of the Agreement, for whatever reason.
  4. IT Collectief is entitled to sell and/or transfer the rights and/or obligations under the Agreement to a third party.
  5. When an Agreement is terminated or the Account is cancelled for other reasons, IT Collectief will irrevocably delete all data without informing the Client in advance. A copy of the data can then no longer be provided.
 

article 11 Client obligations

  1. Client guarantees that all data, including, but not limited to, business data and bank data that must be provided to IT Collectief for the execution of the Agreement are complete, correct and current. In addition, the Client guarantees that he is (legally) authorized to use the Service.
  2. The client must ensure that the description of the vacancy and/or company information posted by him corresponds to reality and is therefore correct, complete and up-to-date and meets the relevant requirements of IT Collectief.
  3. The Client may only place actual, specific and vacant vacancies via the Service at the time of placement. Client may not refer in the posted vacancy to other vacancies that are not listed via the Service.
  4. By placing the vacancy and/or company information, the Client gives IT Collectief permission to place this data on the Webtool or to use it in other ways for providing the Service.
  5. The client guarantees that the vacancy and/or company information placed by him/her does not infringe on the (intellectual property) rights of third parties.
  6. The Client warrants that it will not use any hardware or software in its contacts with IT Collectief that could disrupt the normal operation of the Webtool, nor send data to IT Collectief which, due to their size or properties, could disproportionately encumber the IT Collectief infrastructure.
  7. The Client also guarantees that it will not use (the functionalities of) the Webtool to:
    1. download, transmit or distribute data containing viruses, worms, spyware, malware, or any other similar harmful programs;
    2. perform calculations, transactions or transactions that may disrupt, destroy or limit the functionality of the Webtool or a program, computer or telecommunications tool.
 

article 12 Rates

  1. The Client shall pay fees based on the Agreement. These fees are further specified in the Agreement. The fee amount is related to the number of job slots.
  2. The fee is due regardless of whether the Client uses the Service.
  3. All prices are exclusive of value-added tax (VAT) and other governmental levies imposed or to be imposed.
  4. IT Collectief is entitled to adjust the applicable prices and rates after at least two (2) months after publication. In the event that the Client does not wish to agree with such an adjustment, the Client is entitled to terminate the Agreement in writing within thirty (30) days after the notification, as per the date on which the adjustment would take effect. However, the client does not have such a termination right if the applicable prices and rates are adjusted in accordance with the business services index (index zakelijke dienstverlening) or similar standard.
  5. The agreed services may only be used by the Client in its own company or organization and for a certain number or type of Administrators or connections for which the right of use has been granted.
  6. IT Collectief cannot be held to fee quotes that are obviously incorrect. No rights can be derived from unlawful price information.
 

article 13 Payment

  1. Invoicing takes place in advance and as agreed with IT Collectief. Client agrees with electronic invoicing by IT Collectief.
  2. Payment of invoices must always take place immediately upon entering into the Agreement by iDeal, Master Card or American Express.
  3. The Client can choose to pay a fixed monthly amount by direct debit or to pay the entire year at once and in advance.
  4. In the event that the Client pays per month, the Client must pay a one-off amount and a fixed amount is then debited each month. The client must ensure that there is a sufficient balance on the relevant collection date on the relevant account number. In the event of a cancellation, the Client owes an amount of € 15.00 per reminder/notice of default.
  5. The Client is never entitled to set off what it owes to IT Collectief. Objections to the amount of an invoice do not suspend the payment obligation. The Client to whom section 6.5.3 (articles 231 up to and including 247 book 6 of the Dutch Civil Code) of the Dutch Civil Code does not apply, is also not entitled to suspend payment of an invoice for any other reason.
  6. An invoice must in any case be paid within thirty (30) days at the latest. If the Client fails to pay an invoice in time and/or in full, the Client is in default by law. The Client then owes an interest of 1% per month or part of a month. The interest on the outstanding amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.
  7. If the Client is late or in default of the (timely) fulfillment of its obligations, then all reasonable collection costs will be borne by the Client. The collection costs amount to 15% of the outstanding amount with a minimum of € 75.00.
 

article 14 Suspension and dissolution

  1. Client and IT Collectief are at all times authorized to terminate the Agreement with immediate effect if Client or IT Collectief:
    1. becomes bankrupt, or an application has been made for this;
    2. a suspension of payment has been granted or an application hereto has been submitted;
    3. ceases its business operations.
  2. IT Collectief is authorized to suspend delivery of its obligations or to terminate the Agreement if:
    1. Client does not, not fully or not timely fulfill its obligations arising from the Agreement and/or these Conditions;
    2. after the conclusion of the Agreement, IT Collectief learns of circumstances that give good reason to fear that the Client will not fulfill its obligations;
    3. if, due to the delay on the part of the Client, IT Collectief can no longer be required to comply with the Agreement under the originally agreed conditions.
  3. If the Agreement is dissolved, the claims of IT Collectief on the Client are immediately due and payable. If IT Collectief suspends the fulfillment of the obligations, it will retain its rights under the law and the Agreement.
 

article 15 Liability

  1. IT Collectief is only liable for damage that is the result of a shortcoming of IT Collectief which is caused by IT Collectief.
  2. The liability of IT Collectief due to a shortcoming in the fulfillment of an Agreement caused by IT Collectief arises in all cases only if the Client immediately and properly declares IT Collectief in default in writing, whereby a reasonable period is set for recover the shortcoming, and IT Collectief even after that period is in default of the fulfillment of its obligations caused by IT Collectief. The notice of default must contain a description of the shortcoming that is as complete and detailed as possible, so that IT Collectief is able to respond adequately.
  3. The total liability of IT Collectief due to failure caused by IT Collectief to comply with the Agreement is limited to the payment that takes place in the relevant case on the basis of its professional or company liability insurance, plus the amount of the 'own risk' (eigen risico) payable by IT Collectief. under that insurance coverage. If no coverage is provided on the basis of the professional or business liability insurance, any liability is limited to compensation for direct damages to a maximum of the fees agreed in the Agreement (excluding VAT) for one (1) year with a maximum of € 2,500.00 (two thousand and five hundred euros).
  4. IT Collectief is, in the case of liability, exclusively liable for direct damage. For indirect and/or consequential damage (including but not limited to pure financial loss, lost profit, business stagnation costs, loss of relationships, resulting from any delay, loss of (Client) data, goodwill, damage as a result of claims of clients of the Client, mutilation or loss of data, damage in connection with the use of goods prescribed by Client to IT Collectief and/or defects) other than direct financial loss suffered by Client, IT Collectief is not liable.
  5. The limitations referred to in the preceding paragraphs of this article shall not apply if and insofar as the damage is the result of intent or gross negligence on the part of IT Collectief or its managers.
  6. The client indemnifies IT Collectief against all claims that third parties purport to have against IT Collectief and enforce against IT Collectief to compensate them for damage suffered, costs incurred, lost profit and other expenses made that are in any way related to and/or follow from the execution by IT Collectief of the Agreement.
  7. IT Collectief accepts no liability for any damage of whatever nature suffered by the Client in connection with the temporary non-availability, temporary non-accuracy or temporary non-complete availability of the Webtool.
  8. IT Collectief accepts no liability for incorrect, incomplete or late sending or receiving of data that is placed via the Webtool.
  9. Any claim for damages against IT Collectief will expire by the mere lapse of twelve (12) months after the claim arose.
 

article 16 Force Majeure

  1. IT Collectief is not obliged to fulfill any obligation vis-à-vis the Client if it is prevented from doing so as a result of a circumstance that is not due to its own cause, nor if it should be for its accounts on the basis of the law, legal act or generally accepted views.
  2. Force majeure in these Terms is understood to mean, in addition to what is understood by law and jurisprudence in that area, all of external causes, foreseen or unforeseen, over which IT Collectief cannot exercise any influence, but which makes IT Collectief unable to fulfill its obligations. Strikes in the company of IT Collectief and illness of the person designated to the execution of the Agreement are included. IT Collectief also has the right to invoke this force majeure article if the circumstance that prevents (further) fulfillment of the Agreement occurs after IT Collectief should have already fulfilled its obligation.
  3. Those circumstances also include but are not limited to: government-imposed obligations that have consequences for the provision of services via the internet, disruptions in systems that form part of the internet, disruptions in telecommunications, infrastructure, computer intrusion and power outages. This provision applies not only to IT Collectief but also to the hosting provider engaged by IT Collectief.
  4. Force majeure also includes force majeure of the Supplier.
  5. IT Collectief can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to terminate the Agreement, without obligation to compensate damages to the other party.
 

article 17 Intellectual property

  1. All intellectual and industrial property rights to the Webtool, the Website, data files, equipment or other matters developed or made available pursuant to the Agreement belong exclusively to IT Collectief. The Client will only receive the rights of use explicitly granted under these Terms and the law. Any other or further right of the Client to reproduce the Webtool, software, Website, data files or other materials is excluded. A Client's right of use is non-exclusive and non-transferable to third parties.
  2. The Client is not permitted to remove or change any indication regarding the confidential nature or concerning copyrights, brands, trade names or other intellectual or industrial property rights from the Webtool, Website, data files, equipment or materials.
  3. IT Collectief is permitted to take technical measures to protect the Webtool or in connection with agreed restrictions in the duration of the right to use the Webtool. The Client is not permitted to remove or circumvent such a technical measure.
  4. IT Collectief reserves all rights with regard to and holds all rights to the intellectual property attached to the products that it uses or has used in the execution of the Agreement.
  5. The Client is not permitted to make those products available to third parties, other than to obtain an expert opinion on the activities of the IT Collectief.
  6. IT Collectief has the right to use the knowledge gained through the execution of an Agreement for other purposes as well, insofar as no strictly confidential information from the Client is disclosed to third parties.
  7. In the event of a violation of the provisions referred to in this article, the Client shall owe IT Collectief an immediately due and payable penalty of twice (2) the agreed compensation for the Agreement, notwithstanding IT Collectief's right to claim compensation.
 

article 18 Non-disclosure and exclusivity

  1. The parties are obliged to maintain confidentiality vis-à-vis third parties who are not involved in the performance of the Agreement with regard to all confidential information that they have received from each other or from another source in the context of the Agreement. Information is considered confidential if this is communicated by the other party or if this follows from the nature of the information.
  2. The Client is obliged to safeguard the privacy interests of the Job-seeker.
  3. Data from Job-seekers may only be passed on to third parties if the Job-seeker has given explicit prior permission for this.
  4. The Client is not permitted to include the Job-seeker made available via the Webtool in its own records, or to approach the Jobseeker for any purpose whatsoever, other than through IT Collectief.
  5. In the event of violation of the provisions referred to in this article, the Client owes IT Collectief an immediately due and payable penalty of twice (2) the agreed compensation for the Agreement, notwithstanding IT Collectief's right to claim compensation.
 

article 19 Processing of personal data of Client

  1. In principle, IT Collectief does not systematically process personal data belonging to the Client other than the personal data of the Client itself.
  2. If and insofar as IT Collective would nevertheless come to be a processor of personal data (within the meaning of the GDPR) for the benefit of the Client as a controller of personal data (within the meaning of the GDPR), then:
    1. IT Collectief only processes these personal data for the duration of the Agreement;
    2. IT Collectief only processes these personal data for the execution of the Agreement;
    3. to the extent possible, IT Collectief limits the processing to personal data of employees of the Client;
    4. IT Collectief does not have the right to outsource the processing of these personal data unless the Client has given permission for this;
    5. IT Collectief will implement all requests based on the GDPR of the Client.
  3. If paragraph 2 of this article applies, the provisions of this article qualify as a data processing agreement between IT Collectief and Client.
 

article 20 Applicable law and Terms

  1. All Agreements between the Client and IT Collectief are exclusively governed by Dutch law. The possible applicability of the UN Convention on the International Sales of Goods is excluded.
  2. All disputes arising from or related to obligations under the Agreement will be submitted to the competent court in Amsterdam. The latter unless statutory law requires otherwise.
  3. These Terms have been filed with the Chamber of Commerce and will be sent free of charge by IT Collectief upon request.
  4. The most recently filed version or the version of the Terms that applied at the time of the conclusion of the Agreement with IT Collectief applies. The Dutch text of the Terms is always decisive for the interpretation thereof.

Terms of use

Terms of use

These Terms of use describe the conditions under which the Webtool itvacatures.amsterdam can be used by a User.

Definitions

IT Collectief

the private limited liability corporation (besloten vennootschap) IT Collective BV, registered with the Chamber of Commerce under number 66074711 and having its office at Willems Parkweg 92-H, 1071 HM Amsterdam.

Service

offering an online platform where job-seeking software developers and employers are brought into contact with each other

Webtool

the webtool itvacatures.amsterdam which is made available for use by IT Collectief

User

a job seeking software developer who uses the Webtool

Account

User's own environment in the Webtool

Terms

the general terms of use of itvacatures.amsterdam for a User as contained in this document

Website

www.itvacatures.amsterdam

Privacy Statement

the privacy statement of IT Collectief, available here

Agreement

The agreement between the User and IT Collectief

GDPR

General Data Protection Regulation (EU Regulation 2016/679)

 

article 1 Applicability

1. These Terms apply to the use of the Webtool.
2. By using the Webtool, you as a User accept these Terms and our Privacy Statement.
3. All rights and claims, as stipulated in these terms and conditions in respect of IT Collectief, are also stipulated for the benefit of intermediaries and/or other third parties which IT Collectief engages.
4. Every time a User uses or has access to the Webtool, these terms are deemed to have been accepted.
5. If one or more provisions of the Terms are wholly or partially null, include an omission or a prescribed period is contrary to statutory laws, then this does not affect the validity of any other provisions of the Terms.
6. IT Collectief reserves the right to amend these Terms. Such changes are communicated to Users via the Webtool. If the User does not agree to the changes, he/she must terminate the use.


article 2 License

1. IT Collectief grants the User a non-exclusive, non-sublicensable and non-transferable license to use the Webtool after registration. The User is not allowed to use the Webtool for commercial purposes.
2. The User may not provide, sell, rent, decompile, reverse engineer or modify the Webtool to third parties without the prior consent of IT Collectief. Nor should the User (have) remove(d) or (have) circumvent(ed) any technical features intended to protect the Webtool.
3. IT Collectief has the right to modify the Webtool, change or delete data, deny the User the use of the Webtool by terminating the license, limiting the use of the Webtool or accession to the Webtool in whole or in part, temporarily or permanently at all times. IT Collectief will inform the User about this in an appropriate manner.
4. In order to be able to use the Webtool, the User has to take care of the necessary equipment, system software and (internet) connection at his own expense.


article 3 Account

1. The User can register as a job-seeker via the Webtool. The Privacy Statement applies to the processing of personal data via the Webtool. Only fully and truthfully completed registrations will be processed.
2. The User is responsible for maintaining the confidentiality of his Account and must keep the information contained therein up to date.
3. Participation as a User is possible from the age of 16.
4. Every User can only create and use one Account. More registrations are not permitted. The registered name, address and place of residence data are used exclusively by the Webtool.
5. If the Account has been inactive for more than one (1) year, it can be deleted.
6. Without prior permission from IT Collectief, the User is forbidden to make the user name or Account provided by IT Collectief available to third parties, or to use it other than for the stated purposes.
7. Every promotion that takes place via the Account is deemed to take place under the responsibility and risk of the User. In the event of a suspicion of misuse of an Account, the User must report this to IT Collectief as soon as possible so that it can take measures.


article 4 Service

1. The Service allows the User to present himself as a job-seeker, to respond to job vacancies and to contact employers. It is up to the User which data to offer, collect and how to use these.
2. The Service allows the User to process (personal) data. IT Collectief acts as a processor as defined in the GDPR. For the way in which personal data are processed, IT Collectief refers to the Privacy Statement.

 

article 5 Use

  1. User can create a profile with his or her personal details and CV.
    2. It is not permitted to use the Service for a purpose that violates Dutch or other applicable laws or regulations. In all processing of personal data, the User must comply with the GDPR.
    3. The User is solely responsible for his or her actions via the Service. IT Collectief is not regarded as an employer with regard to the use of the Service and IT Collectief is not responsible for any decision regarding whether or not to enter into an employment contract with an employer.
    4. It is not allowed in a profile and/or CV:
  • to place hyperlinks other than those for which IT Collective has specifically given permission;
  • to place misleading, illegible or “hidden” keywords, repeated keywords or keywords that are not relevant to the CV, as reasonably determined by IT Collective;
  • to include careless, incorrect or misleading information;
  • to post material or links to material that exploits people sexually, violently or otherwise, or that requires personal information from anyone under the age of 16.
  1. The User may not use the Service:
  • to post a profile and/or CV in a manner that is not in accordance with the applicable legislation;
  • for selling, recommending or advertising products or services;
  • to offer sexual services.
  1. IT Collective reserves the right to remove any posted profile and/or (link to a) CV if, in the opinion of IT Collectief, it is not in accordance with these Terms or if any content has been posted of which IT Collectief believes it does not serve the interests of IT Collective.
    7. In the event that according to IT Collectief one of the aforementioned provisions is violated or when receiving a complaint about this, IT Collectief will give the User a warning. If the warning does not lead to a for IT Collectief acceptable solution, IT Collectief can remove the User's Account.


article 6 Responsibility

1. Unless otherwise agreed in writing, User is responsible for management, including checking the settings, the use of the Service and the way in which the results of the Service are used.

2. The User remains the owner of the data entered by him at all times.
3. IT Collectief makes backups of its own data. The user must make his own backups of the data exported to his own systems. IT Collectief is in no way liable for costs of reproduction of mutilated or lost data, nor for (consequential) damage or lost profits of the User.

 

article 7 Execution and availability

1. IT Collectief makes every effort to ensure optimum availability of and access to the Webtool, but can never guarantee uninterrupted availability due to the nature of the internet.

2. IT Collective can make changes to the content or scope of the Service.
3. IT Collectief can continue the execution of the Service using a new or changed version of the Webtool. IT Collectief is not obliged to maintain, change or add specific features or functionalities of the Service or Webtool specifically for the User.
4. IT Collectief can temporarily put all or part of the Service out of service for preventive, corrective or adaptive maintenance. IT Collectief will not allow the non-functioning to last longer than necessary, if possible outside office hours and, depending on circumstances, will commence after notifying the User.
5. IT Collective offers the Service on the basis of “fair use”, which means that in principle no restrictions are imposed on the burden caused by the User, unless stated otherwise in the Agreement. IT Collectief reserves the right, in the event of excessive use, being use that is significantly higher than that of the average User, to take (technical) measures at its own discretion.


article 8 User's obligations

1. User guarantees that all data that must be provided to IT Collectief for the performance of the Service are and remain complete, correct and current. In addition, the User guarantees that he is (legally) authorized to use the Service.

2. By placing the profile and/or CV, the User gives IT Collectief permission to place this data on the Webtool or to use it otherwise for the provision of the Service.
3. User guarantees that the data and/or CV placed by him/her does not infringe on the (intellectual property) rights of third parties.
4. The User guarantees that he will not use any equipment or software in his contacts with IT Collectief that could disrupt the normal functioning of the Webtool, nor send data to IT Collectief which, due to their size or properties, could disproportionately encumber the IT Collectief infrastructure.
5. The User also guarantees that he/she will not use (the functionalities of) the Webtool to:
a. download, transmit or distribute data that contain viruses, worms, spyware, malware, or any other similar malicious programs, or;
b. perform calculations, transactions or transactions that may disrupt, destroy or limit the functionality of the Webtool or a program, computer or telecommunications tool.

 

article 9 Relationship User-IT Collectief

1. IT Collectief is in no way involved in offering and filling vacancies that are mentioned via the Webtool. The User acknowledges that IT Collectief only tries to bring job seekers and employers together. However, IT Collectief is never a party to any (employment) agreement that is concluded between such parties through the use of the Webtool.

2. IT Collectief is not responsible for compliance by a User or employer with legal provisions such as any (fiscal) legislation or regulations.
3. The User accepts that IT Collectief is unable to establish the identity of an employer with certainty and that the User is therefore obliged to determine the identity and reliability of an employer.
4. IT Collective is obliged to carry out the IT Collectief assigned work as a good and careful contractor to the best of its knowledge and in accordance with the requirements of good workmanship. All IT Collectief services are performed on the basis of a reasonable effort obligation.


article 10 Liability

1. The User is responsible for making available the necessary technical conditions for the use of the services of IT Collectief, in particular the necessary hardware and software as well as access and transmission performance. IT Collectief gives no guarantee for the compatibility of the services with these individual hardware and software equipment of the User.

2. Insofar as it has not been agreed otherwise in these Terms, all claims of the User for compensation of damage of whatever nature are excluded. This does not apply to claims for compensation from statutory liability. Moreover, the liability of IT Collectief is limited in its entirety to the amount that is paid to IT Collectief under the business and/or professional liability insurance which covers the relevant case, plus the amount of the 'own risk' (eigen risico) payable by IT Collectief.
3. The content published on the Webtool is intended for general informational purposes only and is not intended to meet the specific needs of a User. The published content can therefore not be considered as a form of advice, recommendation or arrangement from IT Collectief.
4. IT Collective gives no guarantee for the flawless and uninterrupted functioning of the Webtool and accepts no liability whatsoever for any consequences of (temporary) unavailability.
5. IT Collectief is never liable for indirect or consequential damage, lost revenue or profit, lost savings, loss of data, damage as a result of business interruption or immaterial damage.
6. The limitations referred to in the preceding paragraphs of this article do not apply if and insofar as the damage is the result of intent or gross negligence on the part of IT Collectief or its managers.
7. IT Collectief accepts no liability for incorrect, incomplete or late sending or receiving of data placed via the Webtool.
8. IT Collectief is not liable for damage and/or loss of data.
9. Any claim for damages against IT Collectief will expire by the mere lapse of twelve (12) months after the claim arose.


article 11 Force Majeure

1. IT Collectief is not obliged to fulfill any obligation vis-à-vis the User if he is prevented from doing so as a result of a circumstance that is not due to own cause, nor on the basis of the law, legal act or generally accepted views should be for the account of IT Collectief.

2. Force majeure in these Terms is understood to mean, in addition to what is understood by relevant laws and jurisprudence, all of external causes, foreseen or unforeseen, over which IT Collective cannot exercise any influence, but which makes IT Collectief unable to fulfill its obligations. This circumstance also includes but is not limited to: government-imposed obligations that have consequences for the provision of services via the internet, disruptions in systems that form part of the internet, disruptions in telecommunications, infrastructure, computer intrusion and outages of electricity supplies. This provision applies not only to IT Collectief but also to the hosting provider engaged by IT Collectief.
3. IT Collectief can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties to the Agreement is entitled to terminate the Agreement, without the obligation to compensate damage to the other party.


article 12 Intellectual property

1. All intellectual and industrial property rights to the Webtool, the Website, data files, equipment or other matters developed or made available pursuant to the Agreement rest exclusively with IT Collective. The user only obtains the user rights that are explicitly granted under these Terms and the law. Any other or more far-reaching right of the User to reproduce the Webtool, software, Website, data files or other materials is excluded. A User's right of use is non-exclusive and non-transferable to third parties.

2. The User is not permitted to remove or change any indication regarding the confidential nature or concerning copyrights, brands, trade names or other intellectual or industrial property rights from the Webtool, Website, data files, equipment or materials.
3. IT Collectief is permitted to take technical measures to protect the Webtool or with a view to agreed restrictions in the duration of the right to use the Webtool. The User is not permitted to remove or circumvent such a technical measure.
4. IT Collectief reserves all rights to and with regard to the intellectual property related to the products that it uses or has used in the implementation of the Agreement.
5. The User is not permitted to make those products available to third parties, other than to obtain an expert opinion on the activities of IT Collectief.
6. IT Collectief has the right to use the knowledge gained through the implementation of an Agreement for other purposes as well, insofar as no strictly confidential information from the User is disclosed to third parties.
7. In the event of violation of the foregoing provisions of this article, the User will be fined € 1,000.00 (one thousand euros), for each violation and for each day, including part of a day, such violation continues, without prejudice to the other rights that IT Collectief can enforce.


article 13 Applicable law and Terms

1. Dutch law applies exclusively to all Agreements between User and IT Collective. The possible applicability of the UN Convention on the International Sales of Goods is excluded.

2. All disputes arising from or in connection with obligations that result from the Agreement, will be submitted to the competent court in Amsterdam. The latter applies unless the law requires otherwise.
3. These Terms have been filed with the Chamber of Commerce and will be sent free of charge by IT Collectief upon request.
4. The most recently filed version casu quo the version of the Terms that applied at the time of registering on the Website is always applicable. The Dutch text version of the Terms is always decisive for the interpretation thereof.