General conditions Yoomy B.V.
Article 1: Definitions
1.1 Agreement/contract: The agreement/contract between Yoomy and the employer regarding the use of the system and the services to be provided by Yoomy via the system;
1.2 General conditions: The current general conditions for provision of services and the system by Yoomy;
1.3 Parties: The employer and Yoomy together;
1.4 Applicant: each person registered in the system and/or using the system in order to find a new job;
1.5 System: the (recruitment)system developed and run by Yoomy, which brings employers and applicants together partly through an (automated) exchange of information (under which is understood information on vacancies) between employers and applicants within the system;
1.6 Vacancies: each vacancy placed in the system by the employer;
1.7 Website: The website us.yoomy.com.;
1.8 Employer: each person or corporation (not being an applicant) that registers in the system and makes use of the system by placing vacancies and/or approaching applicants;
1.9 Yoomy: The company (B.V.) with limited liability Yoomy B.V.
Article 2: General
2.1 The General Conditions apply to all quotes, offers, orders and to all (contracted via the system) agreement/contracts between Yoomy and the employer.
2.2 The relevance of standard (purchasing) conditions held by the employer or to which the employer may refer to in any way, are hereby specifically denied, unless otherwise agreed in writing.
2.3 Eventual deviations from the General Conditions must be agreed in writing. In case there is deviation from one or more stipulation(s) of the General Conditions, the other conditions remain in force.
2.4 All quotes, offers and prices of Yoomy, whether published or otherwise, are always without obligation, unless otherwise agreed in writing.
2.5 In case of disagreement between stipulations of the agreement/contract and the text of the General Conditions, the stipulations of the agreement/contract prevail.
2.6 If and so far as an appeal cannot be made on grounds of reasonableness and fairness or the unreasonable damning character on any stipulation of the General Conditions, then that stipulation concerned should be given as much contractual meaning as possible regarding content and reach, such that an appeal can be made. One or more stipulation(s) of the General conditions being declared null and void, does not lead to the other stipulations being declared null and void.
Article 3: Coming into effect and content of the agreement/contract
3.1The agreement/contract comes into effect at the moment the employer registers with the system via the Website.
3.2 Yoomy hereby gives the employer the non-exclusive and non-transferable rights to the system, including the thereby belonging digital and/or written information, manuals and other documentation (hereafter: The “Documentation”), to be used in compliance with the conditions and limitations of the agreement/contract and these General Conditions. The employer hereby accepts these user rights.
3.3 On registration in the system the employer receives a personal logging in code, which gives the employer access to the system. The employer (under which is also understood personnel of the employer) is not allowed to give these personal logging in code(s) to third parties, transfer or make public in any way and/or in any form or sense transfer the user rights granted or make them public.
3.4 The General Conditions, The agreement/contract and eventual supplementary requirements agreed in writing (such as price lists and automatic collection orders), together form the complete reflection of the rights and obligations of parties and act instead of all previous written and oral proposals, announcements and correspondence.
Article 4: Force majeur
4.1 Under force majeur is understood in these General conditions, in addition to that which is covered in the law and jurisprudence, all other causes (including occurrences of network disruptions) foreseen or unforeseen where Yoomy cannot exert influence, which result in Yoomy not being able to partially or fully fulfill its obligations.
4.2 During force majeur the obligations of Yoomy are suspended. If the period in which due to force majeur Yoomy is not able to fulfill its obligations last longer than two months, the parties are authorised to terminate the agreement/contract without any obligation to pay damages due to that reason.
4.3 If Yoomy has fulfilled part of its obligations when force majeur occurs, Yoomy has the right to invoice separately for services already carried out and/or for services which can still be carried out and the employer is obliged to pay this invoice as if it were a separate agreement/contract.
Article 5: Intellectual property rights
5.1 The employer agrees that all current and future intellectual property and industrial property rights, with regards to the system, both now and in the future will always belong to or be transferred to Yoomy worldwide.
5.2 Yoomy has the exclusive right to develop the system further and to licence the use thereof to third parties.
5.3 The employer is not allowed to remove or change any indication (under which is understood all outgoing or incoming e-mails generated by the system) concerning intellectual property rights, industrial property rights, other rights, brands and trademarks relating to the system and/or Yoomy, or to have such changes made by a third party.
5.4 Yoomy retains all intellectual property, industrial property rights and other rights in relation to the documentation supplied. The employer is not allowed to copy documents in any way or to place them at the disposal of third parties, without specific approval in writing by Yoomy.
Article 6: Personal information
6.1 The Employer is responsible for the protection of (personal) information sent to or for the Employer or such information processed within or by the System.
6.2 The employer safeguards Yoomy from all claims from third parties (including also those from applicants) due to invasion of privacy and/or the personal living environment, in so far as such an invasion is not a consequence of Yoomy’s dealings or negligence.
6.3 With the exception of that which is stated in article 6.1 and 6.2, Yoomy is responsible for the protection of personal information of which use is necessary in order to carry out the agreement/contract correctly. The manner in which Yoomy takes care of the protection of personal information is laid down in the privacy statement published on the website.
Article 7: Code of behavior and termination of account
7.1 The employer must use the system and/or the other facilities offered by Yoomy responsibly. It is forbidden to use the system and/or other facilities offered in such a way so as:
7.2. It is forbidden to use the system and/or other facilities for illegal practices and/or, in any way, in contrary to the agreement/contract. This includes the following acts and behaviours:
7.3 Yoomy retains the right to, according in her own opinion, in case it becomes necessary according to the law or judicial verdict and/or in case third parties alert Yoomy and/or if the suspicion arises that infringement is made via the system on the rights of third parties, or acting against that which is laid out in the General Conditions and/or not, not properly or not completely complied with in the agreement/contract and the obligations following therefrom, permanently or temporarily deny the use of the system and/or the other facilities offered, to remove the information concerned and/or to renounce her obligations, until such time as the user fulfills her obligations.
7.4 Yoomy shall never be liable for damage of any nature caused by or to the employer and/or third parties as a consequence of the measures taken by or on behalf of Yoomy on the basis of article 7.3. The obligations to pay the amounts agreed remain applicable during the measures taken under article 7.3 by and/or on behalf of Yoomy.
7.5 Should the seriousness of the acts and/or not acting of the employer warrant this and/or should this continue despite the measures taken by and/or on behalf of Yoomy, such as laid out in article 7.3, Yoomy retains the right to terminate the agreement/contract with immediate effect, without the obligation to pay any damages or restitution of amounts already paid.
7.6 In case of termination of the agreement/contract the employer must cease all use of the system and Yoomy has the immediate right to deny the employer full or partial access to the system without prior notice and without restitution of any payments. If Yoomy does not insist on the strict compliance of the obligations of the employer under this agreement/contract or does not enforce this, this does not imply a waiver of Yoomy’s rights.
Article 8: Liability
8.1 The system is supplied “as is”. Yoomy does not guarantee that the System will function without fault or without interruptions. Should the employer notice a fault or interruption, Yoomy is only obliged to make the effort to rectify the fault in the short term.
8.2 The system is mainly intended to facilitate employers in the recruitment and selection of new personnel and in the (automated) handling of application procedures. The decision to offer an applicant (acquired via the System) an employment contract, and the content of such an employment contract, the salary and the working conditions remain the responsibility of the employer. Yoomy does not, in any sense, accept liability for failures of, and/or damages caused by an applicant directly or indirectly recruited by via the system.
8.3 Yoomy does not accept any liability all damage, direct and indirect damage (under which is understood, but not exclusively, loss of data or claims of damages from applicants), occurring for whichever reason, resulting from or connected with non or not reasonable compliance with the agreement/contract, with the exception of liability for direct damage caused on purpose or by grave negligence of Yoomy.
8.4 Yoomy’s duty to pay damages is, at all times, limited to the maximum amount invoiced and paid annually, such as laid out in the agreement/contract.
8.5 The employer is obliged to take all reasonable measures to limit the damage in case of (threatened) damage all and to inform Yoomy without delay of the (threatened) damage.
Article 9: Prices/payments
9.1 The level of the tariff owed by the employer depends on the extent to which the employer makes use of the System. The tariff charged is made clear in advance of each specific purchase and/or order on the payment screen of the website.
9.2 The employer can purchase a number of credits for the payment of the services required by the employer from the system via the (payment screen of) the website. Unless otherwise shown in the payment screen of the system, credits have an unlimited duration. Restitution of the purchase price of unused credits is excluded in all cases. Credits are not transferable to other people or organizations.
9.3 All prices are excluding VAT (BTW) and excluding possible other levies imposed by the government. The amounts owed will be charged including VAT (BTW) and including and other levy the government may impose.
9.4 Yoomy shall invoice the amounts owed by the employer specified in sufficient detail. The employer shall pay the amounts owed within 14 (fourteen) days of the invoice date without any deductions, debt comparison or any right to deduction of amounts owed by Yoomy. Yoomy has the right to ask the employer to settle the amounts owed by means of an automatic collection order. The employer shall give the necessary cooperation in this.
9.5 If the parties agree to an automatic collection order, is the employer must ensure he has the necessary funds on his bank balance. In case the automatic collection is denied or reversal of a collection order is the employer will incur (whatever the reason for the reversal) an administrative penalty of € 25,-.
9.6 When the employer fails to fulfill any (payment) obligation, the employer is in breach without further summations of being in breach of contract being necessary. The employer is in this case obliged to pay the legal collection order costs of Yoomy.
9.7 The legal collection costs amount to 15% of the amount owed with a minimum of Euro 500, - (five hundred). In all such cases, the employer is obliged to pay monthly interest over the amount owed from the date from which the employer was in breach of the payment conditions; the monthly interest shall be equal to the statutory commercial interest.
9.8 Yoomy has the right to suspend its services and other obligations (including granting access to the system), until full payment has been made, without prejudicing the ability of the employer to fulfill his obligations.
9.9 The stipulations above shall not have a prejudicial effect on the other rights of Yoomy on the grounds of lack of fulfillment of services to the employer.
Article 10: Duration and termination of contract
10.1 The agreement/contract is entered into for an indefinite period. The duration of each (advertisement) agreement/contract entered into via the system is determined for each specific order and is made clear on the payment screen of the website. The agreement may be terminated at any moment by the employer by means of notification within the System.
10.2 Each party has the right to fully or partially terminate the agreement/contract, by means of a registered letter without judicial intervention, in such a case that the party in breach after written summation and after a reasonable period, remains in breach of its obligations.
10.3 Yoomy has also the right, with immediate effect and without judicial intervention, by means of an out-of-court statement to cancel or terminate the agreement/contract and/or the offer partially or completely, if the employer applies for a legal debt restructuring, or if an application for bankruptcy or receivership is made against the employer, or if bankruptcy or receivership is declared or if the organization of the employer is wound up or terminated. In these cases, each claim of Yoomy against the employer is immediately and fully payable.
10.4 After the end of the agreement/contract, for whichever reason, the employer no longer has any rights under the agreement/contract, without prejudicing the continuation of the obligations of parties which due to their nature are likely to continue after the end of the agreement/contract, such as but not limited to obligations concerning ownership rights and payment.
10.5 On termination of the agreement/contract – whatever the reason – Yoomy shall keep the data relating to the account concerned for a period of 1 year maximum. After this period, Yoomy has the right to destroy the data concerned. Should the employer request it on termination of the agreement/contract, Yoomy shall offer the data at a, to be agreed, disposal fee.
Article 11: Legal jurisdiction and settlement of differences
11.1 The agreement/contract, and also eventual quotes and legal obligations between Yoomy and the employer, following from the General Conditions of Yoomy, will be settled under Dutch law.
11.2 In case of differences, each party is free –if agreement cannot be reached in consultation with the other party –to refer to the courts for a legal settlement. In any such case the court of The Hague is authorised to settle these differences.