Terms and Conditions

Dutch Remote, hereinafter referred to as “DR,” uses the following terms and conditions for the benefit of employers and other users who wish to post job openings on DR’s Internet site:

Article 1: Applicability of the general conditions

1.1 These general terms and conditions apply to employers and other users who post vacancies on DR’s internet site on behalf of themselves or someone else. The terms and conditions also apply to any (customized) offer, other than the standard packages, that employers and other users receive from DR and to all current, past and future agreements between employers and other users and DR.

1.2 Employers and other users agree to the applicability of these general terms and conditions by posting a vacancy on DR’s Internet site and/or accepting in writing a (customized) offer issued and signed by DR.

1.3 All purchase and/or other conditions of employers and other users that deviate from these general terms and conditions are expressly rejected by DR, provided that such deviation(s) has/have been agreed upon in writing between the client and DR.

1.4 Services offered by DR on its internet site that relate to the posting of vacancies are limited to business use only. The employer and/or other user who posts a vacancy on DR’s internet site shall have a registration with the Chamber of Commerce which shall be presented upon DR’s request if necessary.

1.5 In addition to the foregoing, DR shall at all times have the right to ask employers and other users to identify themselves. For this identification DR uses an external service provider. By making the requested documents available to the third-party service provider via DR’s Internet site, the employer consents to the sharing of your documents with the third-party service provider and the use of your documents by the third-party service provider for identification purposes.

1.6 If one (1) or more provisions of these general terms and conditions are null and void or declared null and void by a court of competent jurisdiction, the remaining provisions of these general terms and conditions shall continue to apply unchanged.

1.7 If article 1.6 occurs, the parties will consult as soon as possible to agree on new provisions to replace the void and/or voided provisions. In doing so, the parties will strive to match the purpose and purport of the original provision(s) included in these general provisions of DR.

Article 2 Definitions

2.1 In these general terms and conditions, the following definitions are used:

Dutch Remote: Dutch Remote V.O.F., with its registered office in Zeewolde, registered under the Chamber of Commerce number: 84128275, hereinafter referred to as “DR” in these general terms and conditions.

Client: any employer or other user see on behalf of himself or another one (1) or more of DR’s standard packages offered on the Internet site, purchases or with whom a written agreement has been entered into in derogation of the standard packages offered on DR’s Internet site.

Parties: Dutch Remote together with the employer and/or other user who purchases a service/product from Dutch Remote through the internet site or with whom a written agreement has been entered into.

Internet site: the portal opened by Dutch Remote on the Internet that is accessible to client, job seekers and other interested parties via www.dutchremote.com and all other Internet sites of DR that are accessible via sub-level domain names related to this domain name.

Agreement: Through DR’s internet site the client can purchase services and/or products. This will often involve purchasing one (1) of the standard packages. The applicable prices, terms and conditions will be made known to client on the internet site and upon purchase of a standard package. Upon purchase of such a standard package, an agreement shall be deemed to have been made between client and DR. In deviation from this, client and DR may make agreements that deviate from the standard packages and which apply to delivery of services by DR. These agreements are recorded in writing or digitally as well as the applicable terms and conditions. An agreement only exists after both parties have agreed to it (see also article 3.2 of these general terms and conditions).

Article 3 Customized offers

3.1 If the client does not wish to use one (1) of the standard packages offered, he may request DR to make a customized offer. The offer made by DR at the request of the client is without obligation and valid for a maximum of 14 days, unless otherwise indicated in the offer.

3.2 DR is only bound to the offer if its acceptance is confirmed by the other party in writing or by e-mail within 14 days.

3.3 The prices in the said offer are exclusive of VAT (21%) and other government levies, and any costs to be incurred in connection with the agreement.

3.4 Terms and conditions included in offers made do not automatically apply to future offers. No discounts are given on rates unless otherwise agreed and/or indicated on DR’s internet site.

3.5 A cancellation or modification of an assignment resulting from an accepted offer must be made in writing (or by e-mail) but at all times before the first job posting online and must be received by DR.

3.6 If an order is not cancelled or changed in a timely manner, the client shall owe the full amount.

Article 4 Creating an employer account

4.1 The client must create an employer account on DR’s internet site prior to posting a vacancy. In one of the steps to be completed when creating an employer account, you declare that you agree to these general terms and conditions and all other terms and conditions set by DR when creating an employer account.

4.2 The client shall ensure that all information that DR indicates is necessary for the creation of an employer account, or that the client should reasonably understand is necessary for the creation of an employer account, is completed.

4.3 The client may choose to refer to its own website and social media channels in the employer account and has the option of adding a short company film or other form of video presentation that gives job seekers/candidates a good impression of the vacancy and/or the client’s organization. DR expressly disclaims liability for the content and availability of both the client’s website and social media channels and the company film/video presentation.

4.4 Advertising statements by the client that appear in a corporate film and/or video presentation must meet the requirements set by Dutch legislation and the Advertising Code Committee. DR will not check this, therefore DR rejects in advance any form of liability with respect to non-compliance with Dutch Legislation and Advertising Code Committee.

4.5 If the data required for the execution of the agreement are not provided to DR on time or are unusable, incomplete or damaged, DR has the right to suspend the execution of the agreement.

4.6 The data entered and provided by the client in the employer account are, in order to be able to post vacancies quickly and efficiently, published in part at the time of posting the first and subsequent vacancies on DR’s internet site. Prior to the publication of the vacancy on DR’s Internet site, the client will be offered the opportunity to view the content of the vacancy and the data to be published with it from the employer account. Subsequently, prior to publication, the client will be asked for approval for publication on DR’s internet site.

4.7 The management of the employer account rests exclusively with the client. The client is responsible for making changes to the data included in the employer account, obviously only if there is reason to do so, and thus ensures that the data in the employer account is correct and complete at all times.

4.8 DR expressly disclaims any form of liability regarding the accuracy and completeness of data provided by the client when creating an employer account and/or subsequently modified within the employer account by the client.

4.9 In principle, DR advises against sharing data that gives access to the client’s employer account with third parties (not being your own employees). Should the client nevertheless proceed to do so, DR rejects in advance any form of liability arising from misuse by third parties of your employer account and the data it contains.

4.10 When creating the employer account, the client agrees to receive questionnaires via email to help DR improve and maintain its quality standards, and/or to receive newsletters and other commercial communications.

4.11 The client may notify DR by email that he no longer wishes to receive the information mentioned in 4.10 above. The withdrawal shall take effect within 1 month of receipt of the request.

4.12 Client agrees to DR using the data entered by the client in the employer account for quality purposes for the purpose of improving DR’s services.

Article 5 Requirements and conditions of job posting

5.1 The information in the vacancy text posted by the client on DR’s internet site must comply with all requirements set by Dutch law. Texts for vacancies prepared by the client for the purpose of posting on DR’s internet site are not assessed by DR prior to publication on the internet site.

5.2 However, if DR ascertains, or it is pointed out by third parties, that the information included by the client in the vacancy text does not comply with the requirements set by Dutch law, the client does not provide the information in a timely fashion, or the information provided by the client is otherwise unusable, incomplete or damaged, DR has the right to suspend the execution of the agreement and to remove the vacancy from the internet site. DR will only do so after the client has been notified of this omission and the client has been given the opportunity to remedy the omission unless there is a case of gross negligence and/or the client fails to respond to messages from DR in this regard.

5.3 After the client has completed the vacancy text, and other information provided when creating the employer account, he must check it for completeness and accuracy before publication. By choosing “Post vacancy” DR assumes that the client has checked the vacancy text and other details. DR thereby disclaims any liability for incorrect data entry. DR is also not liable for client’s statements in vacancy texts in other data. Persons interested in the vacancy may therefore not derive any rights from the presented texts or statements of the client.

5.4 The client is not permitted to include and/or list multiple and/or different positions in one job posting.

5.5 DR is not liable for damage, of whatever nature and in whatever form, resulting from information provided by the client that serves as input in the posting of a vacancy on DR’s internet site.

5.6 DR is not liable for any minimum number or minimum quality of applications and/or responses from job seekers/candidates to vacancies of the client.

5.7 DR is not liable for investments made by the client in relation to the agreement and the number of applications.

5.8 Clients are offered, for a fee, the option prior to or after posting a vacancy, to publish the vacancy as a “Featured Vacancy” This will put the vacancy in the spotlight on the internet site and thus make it more noticeable and easier to find for job seekers/candidates. For upgrading a vacancy as a “Featured Vacancy” additional costs are charged. The rate is stated on DR’s internet site and will be made known to the client at the time of purchasing an upgrade of the vacancy to “Featured Vacancy”.

5.9 Client agrees that job seekers/candidates will receive an automatic vacancy alert if the content of the vacancy and the preferences, work experience, knowledge and competencies indicated by candidates, among others, match almost or completely.

5.10 If job seekers/candidates are interested in the vacancy published by the client, DR will attempt to forward applications and/or other responses from job seekers/candidates to the email address provided by the client. If the client has provided an incorrect email address for receiving applications or other responses from job seekers/candidates in the employer account or when posting the vacancy, the client shall indemnify DR against any resulting damages.

5.11 Client agrees that DR will send alerts to job seekers/candidates on behalf of Client if, in DR’s judgment, the content of the job posting shows sufficient similarity to the CV and/or preferences that job seekers/candidates place on a job posting.

5.12 Client may choose to extend the posting time of the vacancy on DR’s Internet site. This can be done by purchasing another package of the client’s choice. Additional fees will be charged for this; the rates are listed on the internet site and will be made known to the client at the time of purchase.

5.13 Client can choose to set the job posting as filled, to non-active or to delete it. This can be done through the employer account. If Client makes use of this option but has done so unintentionally DR is in no way liable for any form of damage resulting from this. Marking a vacancy as fulfilled or deactivating or removing a vacancy gives no right to a refund of fees already paid.

Article 6 Contract duration; performance period

6.1 The Client is offered the opportunity to post vacancies on the internet site for the duration agreed upon by agreement. The rates of the standard packages offered by DR and the conditions applicable thereto are listed on the internet site and are made known to the client at the time of purchase.

6.2 If the client has entered into a (customized) agreement that entitles the posting of a, from the standard packages, number of agreed vacancies on the internet site, DR reserves the right to take measures in case of exceeding the agreed number of posted vacancies, excessive use and/or overload of the platform.

6.3 Upon termination of the agreement or after the expiry of the agreed period without renewal of the agreement, the vacancy and access to the CV database will be included. The CVs and other correspondence from and with the job seekers/candidates who have responded to the vacancy will of course remain viewable.

6.4 Any agreement entered into between the client and DR shall apply exclusively to the client itself. Thereby the use is limited to one (1) company name.

6.5 Interim and/or immediate termination of the agreement is not possible, except for the following cases;

Each of the parties has the right to dissolve the agreement if the other party, even after a proper and detailed written notice of default, provided with a reasonable period for remedying the failure, continues to fail imputably in the fulfillment of obligations under the agreement.

In the event that either party becomes bankrupt, files for suspension of payments or ceases business operations.

Article 7 Responses and applications from job seekers/candidates

7.1 Job seekers/candidates’ applications, Cv’s and other correspondence between the client and the job seekers/candidates are automatically stored in the client’s employer account and are viewable through the employer account from the moment the job seeker/candidate has sent his/her response to the posted vacancy.

7.2 DR is not liable for the content of the responses and applications of job seekers/candidates. DR does not, without urgent cause, verify the identity of job seekers/candidates as well as the data included by job seekers/candidates in the CV, cover letter and digital application pitch provided by them.

7.3 DR is, from the moment the job seeker/candidate has sent its first response in response to the vacancy posted by the client, not liable for the accessibility, the exchange of accessibility data (such as email and phone number) and the other content and timeliness of communications between the client and job seekers/candidates.

7.4 Resumes sent by job seekers/candidates, cover letters and other communications between the job seeker/candidate and the client are temporarily stored in the client’s employer account and can be viewed here by the client. DR is not liable for any wrongfully deleted information of job seekers/candidates by you.

Article 8 Use of the CV database

8.1 The Client may not use the CV database for any purpose other than merely searching for suitable and available job seekers/candidates.

8.2 Clients have the authority to contact job seekers/candidates via email, phone or otherwise only if the job seekers/candidates have agreed to do so and or have shared the necessary data with the client for this purpose.

8.3 DR reserves the right to limit the number of CVs and the amount of data of job seekers/candidates at any time.

Article 9 Suspension, dissolution and early termination

9.1 DR is entitled to refuse, cancel or suspend the execution of assignments without giving reasons, without in any way giving rise to liabilities for damages.

9.2 DR’s authority in Art. 9.1 also applies to orders that have already been partially executed.

9.3 If it appears that the job posting provided by the client does not meet legal requirements or is discriminatory, DR has the right to remove it from the site without any compensation to the client.

Article 10 Ownership of content on the Internet site

10.1 All job, company and CV data published on the Internet site (all content) is the property of DR.

10.2 The client and third parties are not permitted to take over, publish or resell this data in whole or in part without permission or otherwise make it available to third parties or parties affiliated with the client on a commercial basis.

Article 11 Privacy Policy

11.1 The privacy policy used by DR can be viewed on the Internet site.

11.2 Telephone conversations between DR and the client may be recorded for the purpose of information, assignment, training, coaching and assessment (including of DR employees). This will be reported prior to the call. Recordings of telephone conversations will be secured and stored in such a way that they are not accessible to unauthorized persons. Recordings of telephone conversations will not be kept longer than necessary for the purpose for which they were collected.

Article 12 Invoicing & Payment

12.1 DR invoices the amount due in full upon purchase of the standard package or upon commencement of the (customized) agreement, unless otherwise agreed. DR will make invoices available to Client electronically. Client agrees to electronic invoicing by DR upon purchase of the standard package or acceptance of the offer.

12.2 After the expiration of the agreed period upon purchase of a standard package, the subscription will be automatically renewed and the corresponding standard package charged again by direct debit unless the client has indicated a desire to terminate the subscription.

12.3 DR reserves the right to change the prices of its services. DR will announce such price changes or revisions on its Internet site.

12.4 Client is obliged to pay invoices immediately prior to the first posting of a vacancy on the internet site, unless otherwise agreed in the (customized) offer. The Client’s right of set-off and suspension is excluded.

12.5 If the invoice relating to the (customized) offer is not paid on time, the client shall be in default by operation of law; the client shall owe interest on the amount due and payable equal to the then current legal interest rate from the moment of default.

12.6 If Client is liquidated, threatens bankruptcy, applies or is applied for suspension of payments or application of the Natural Persons Debt Rescheduling Act, and/or offers its debtors an arrangement, amounts owed by Client are immediately due and payable by DR.

Article 13 Charitable donations

13.1 In addition to providing quality services to clients, DR places great importance on supporting charitable organizations assessed and/or possibly recognized by, among others, the agencies Givewell, ACE, Founders Pledge, (see website: doneereffectief.nl), the CBF (Central Bureau on Fundraising) or Goede Doelen Nederland. To support these organizations, DR makes part of its (own) income from the placement of vacancies available to charitable organizations selected by DR. DR announces its selected organizations via the internet site. Client agrees to the foregoing by accepting offers and quotations from DR or by purchasing services from DR through the internet site.

13.2 DR regularly reviews whether its selected charitable organizations continue to be positively assessed by the bodies mentioned in article 13.1 and/or retain recognized charity status. DR is in no way liable for making donation(s) to charity organizations previously positively assessed and/or recognized by the bodies mentioned in article 13.1 whose positive assessment is revised and/or recognition is withdrawn at any time for any reason.

Article 14 Collection costs

14.1 If the client is in default or breach of contract with respect to the performance of one or more of his obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the client.

14.2 If client remains in default of timely payment of a sum of money, he forfeits an immediately payable penalty of 15% on the amount still due. This with a minimum of €50.00. If DR has incurred higher (collection) costs, which were reasonably necessary, these also qualify for compensation. Any reasonable judicial and execution costs incurred will also be borne by client. Client shall owe interest on the collection costs incurred.

Article 15 Claims

15.1 Complaints about services provided by DR must be notified by the client to DR by e-mail or in writing within 3 days of discovery, but at the latest within 5 days of placement of the vacancy text(s). The notice of default must contain as detailed a description as possible of the shortcoming so that DR is able to respond adequately. If a complaint is well-founded, DR will still provide the services as agreed upon, unless this has meanwhile become demonstrably pointless for the client. The latter must be made known by the client by email or in writing. If performance of the service is no longer possible or meaningful, DR will only be liable within the limits of Article 16.

Article 16 Liability of DR

16.1 DR is not liable for non-posting or untimely or incorrect posting of job listings. In cases of gross fault and/or deliberate intent, DR’s liability is in all cases limited to, at most, the invoice value of that part of the agreement from which the liability arises.

16.2 DR is never liable for direct, indirect damages, including consequential damages, lost profits, missed savings and image damage suffered by the client or damages due to business interruption.

Article 17 Indemnities

17.1 The client indemnifies DR against third-party claims regarding intellectual property rights to materials or data provided by the client, which are used in the execution of the agreement.

17.2 If the client provides DR with information carriers, electronic files, software, video material, etc., the client guarantees that they are free of viruses and defects.

17.3 The client fully indemnifies DR from all possible claims by the client and third parties in any way arising from and/or related to the client’s use of the internet site.

Article 18 Intellectual property and copyrights

18.1 All intellectual property rights regarding services, software, products and materials, in connection with the preparation and execution of the agreement, whether or not developed for the benefit of the client, belong to DR.

18.2 DR shall indemnify the client against any legal action based on the allegation that software, equipment or materials developed by DR itself infringe an intellectual property right applicable in the Netherlands, on the condition that the client immediately informs DR in writing of the existence and content of the legal action, and leaves the handling of the case, including the conclusion of any settlements, entirely to DR. To this end, the client shall provide DR with the necessary powers of attorney, information and cooperation to defend against these legal claims, if necessary in the client’s name

18.3 This obligation to indemnify shall lapse if the infringement in question is related to changes that the client has made to the said items or has had them made by third parties.

Article 19 Maintenance and warranty

19.1 DR is at all times entitled to take the internet site (temporarily) out of use or to limit its use in the event that this is necessary for the maintenance and/or modification of the internet site, without this creating any right to compensation for the client.

19.2 DR shall make every effort to have maintenance work performed outside business hours and on weekends whenever possible.

19.3 DR is not obliged to inform the client personally of the decommissioning of the internet site but will inform the client of this via the internet site if possible and as soon as possible in advance.

19.4 The content of DR’s internet site is compiled with the greatest possible care. However, DR does not guarantee that the internet site is free from unauthorized use by third parties and/or that the information on the DR internet site is complete and accurate, and/or that DR’s internet site will operate intermittently and will be free of errors.

19.5 DR’s internet site may contain references (for example by means of a hyperlink, banner or button) to sub-level internet sites of DR and/or third-party websites. DR has no control over (the content of) third-party websites and cannot be held liable in any way for the operation and/or content of these websites.

Article 20 Confidentiality

20.1 Client acknowledges that in the context of the agreement it will/may have access to DR’s confidential data. This means those data which are not accessible and comprehensible to visitors to the Internet site via the Internet site.

20.2 Client is obliged to keep confidential DR’s confidential data. Accordingly, client shall treat such information as confidential at all times and shall not disclose and/or duplicate it without DR’s prior express written consent.

20.3 The Client shall not use the data and information referred to in Article 20.1 for any purpose other than that for which they were made available or make them available to third parties in any way.

20.4 This duty of confidentiality shall not apply if the Client is required to disclose under the law or a binding court order or if the information, without being caused by a breach of this duty of confidentiality, is of common knowledge.

Article 21 Force majeure

21.1 DR is not obliged to fulfill any obligation to the client if he is prevented from doing so as a result of a circumstance that is not due to fault, and which is not for his account by virtue of the law, a legal act or generally accepted practice.

21.2 In addition to its definition in law and jurisprudence, force majeure includes all external causes, foreseen or unforeseen, over which DR has no control, but which prevent DR from fulfilling its obligations, including strikes or disruptions in DR’s or third parties’ business.

21.3 DR may suspend its obligations under the agreement during the period of force majeure. If this period lasts longer than 2 months, either party is entitled to terminate the agreement, without any obligation to pay compensation to the other party.

Article 22 Applicable law and disputes

22.1 All possible disputes arising from the agreement will be settled exclusively by the competent court.

22.2 The parties declare their efforts to resolve a dispute prior to submission to the competent court in a manner acceptable to both parties.

22.3 The parties agree that agreements reached via electronic data or telephone traffic are binding between the parties and that information sent via electronic data or telephone traffic has evidential value in any legal proceedings between the parties with respect to the agreements existing between the parties.

Date: 1 december 2021