Terms and Conditions

Article 1 - Definitions 
In these General Terms and Conditions:
1. Supplier: Adver Online BV
2. Adver Online BV: The company that places vacancies for the Contractor on various internet (vacancy) sites and the Supplier of other (HR) services as appointed and to be found on the websites of Adver-Online BV and in these General Terms and Conditions. Afterwards also Adver -Online.
3. HROffice: Business unit to which the General Terms and Conditions of HROffice apply.
4. Multiposting: Business unit to which these General Terms and Conditions apply.
5. General Terms and Conditions of HROffice: The General Terms and Conditions under which HROffice provides its services and a subsection of the General Terms and Conditions of Adver Online BV.
6. Gotomyjob: hybrid e-recruitment tool to which these General Terms and Conditions of Adver-Online apply. Gotomyjob offers suggestions on the combination of channels that are relevant to reach both active and latent job-seekers and gives predictions (not guarantees) of the performance.
7. HR Appstore: Webshop/platform with dashboard functionality to which the General Terms and Conditions of the HR Appstore apply. Products and services purchased through the HR Appstore can be accessed and managed via Single Sign-on with one account.
8. Contractor: The (legal) person with whom Adver-Online has concluded an Agreement: also called Client;
9. Agreement: An Agreement concerning the purchase by Contractor of a Savings Pot, Vacancy Contract, respectively a (one-time) Vacancy placement, Other Media or Publication Services, HROffice and HR Appstore products or services.
10. Moneybox: The facilities provided to the Contractor under an Agreement (during the agreed contract period), varying from the placement of a number of vacancies to be agreed, vacancy information and company information on the site of Adver-Online and its offered packages of placements on other internet (vacancy) sites for which the Contracting Party chooses, but for which no fixed placement dates have yet been agreed.
11. Vacancy contract: The facilities provided to Contractor under an Agreement (during the agreed contract period), to placing multiple vacancies, vacancy information and company information on the site of Adver-Online and its offered packages of placements on other internet (job) sites for which the contractor chooses, at predetermined placement prices and conditions.
12. Vacancy placement: The facility granted to Contractor under an Agreement to place (during the agreed contract period) 1 vacancy, vacancy information and company information on the site of Adver-Online and its offered packages of placements on other internet (vacancy) sites for which the Contractor chooses;
13. Media credit: The financial balances in the Moneybox and/or the Vacancy contract.
14. Media Services: All other, but not specified, media services or publishing services offered by Adver-Online as a possible extra service and/or product as part of an agreement including, but not limited to, landing pages, work-at-sites and bannering.
15. Party, Counterparty or Parties: Adver-Online BV and/or the Contractor.
16. HRAppstore is a digital platform that User/Client can use and in which services of Adver, as well as third parties connected to it, are offered and Users can manage the products and services they have purchased via widgets on a dashboard. For this purpose, the User must create an Account and a Profile.
Article 2 - General 
1. These General Terms and Conditions apply to every concluded Agreement.
2. Adver-Online may change these General Terms and Conditions unilaterally during the term of an Agreement and inform the Contracting Party accordingly. If the Contracting Party does not wish to agree to these changes, he has the right to terminate the Agreement, with due observance of a notice period of 10 days, against (at the earliest) the date on which the changes take effect.
3. Changes other than on the advice of Adver-Online, respectively which have not been affected in the manner described in article 2.2, are only valid if they are laid down in writing between the Parties in a new, signed by both Parties, (appendix to the) Agreement.
Article 3 - Entry into Force and Duration of the Agreement 
1. An Agreement shall enter into force on the day of its date or as soon as the vacancy placement on the Adver-Online site and its offered packages of placements and/or Media Services on other or private internet (vacancy) sites are actually made available to the Contracting Party.
2. A Moneybox for placing multiple vacancies is entered into for at least 12 months. If it appears that Media Credit remains after the end of this period, the Agreement may be renewed for the same term on the condition that a minimum additional deposit in the amount of the remaining Media Credit is invested. In all other cases, the Media Credit will expire on Adver-Online. In the event of premature termination of the Agreement by the Contracting Party, the Media Credit will always lapse to Adver-Online unless there is an attributable shortcoming by Adver-Online with regard to the Agreement and Adver-Online has been notified in writing. In the event of premature termination by Adver-Online, the Media Credit will lapse to the Contractor.
3. A vacancy contract for placing multiple vacancies has the duration of a maximum of 12 months. All Media Credits must be taken within the contract period.
4. A vacancy placement ends by operation of law.
5. Each Party may prematurely terminate a Moneypot and/or a Vacancy Contract if: It terminates its business activities; the other Party has applied for or has been granted deferment of payment or has been declared bankrupt or has filed a bankruptcy petition with respect to it; the other Party fails to fulfil an essential obligation as a result of a non-attributable shortcoming (force majeure) and this force majeure has lasted longer than 1 month, starting from the date of notification of the force majeure situation; Article 2.2 applies; Article 11.1 applies.
6. Termination of a Savings Account and/or a Vacancy Contract in accordance with the provisions of Article 3.5 shall take effect on the date of termination of the business, or immediately in all other cases as referred to in Article 3.5.
Article 4 - Moneybox 
1. On the basis and for the duration of the Agreement, Adver-Online makes the Moneybox available to the Contracting Party.
2. The specifications of the Moneybox are agreed in writing.
3. The Contracting Party will provide Adver-Online with all necessary information of which the Contracting Party knows or should reasonably know that it is of importance to Adver-Online for the correct performance on its part of the Agreement.
Article 5 - Job Contract 
1. On the basis and for the duration of an Agreement, Adver-Online makes available to Contractor the functionality of several vacancy placements.
2. The specifications of the Vacancy contract are agreed in writing.
3. The Contracting Party will provide Adver-Online with all necessary information of which the Contracting Party knows or should reasonably know that it is of importance to Adver-Online for the correct performance on its part of the Agreement.
Article 6 - Vacancy placement 
1. On the basis of and for the duration of an Agreement, Adver-Online makes the functionality of the vacancy placement available to the Contractor on a one-off basis.
2. If changes take place as a result of which 1 or more internet (vacancy) sites do not work (anymore), the vacancy will be placed on another internet (vacancy) site. Offering a replacement internet (vacancy) site is a service from Adver-Online but is not required here. In the confirmation of placement, the internet (vacancy) sites are mentioned where the vacancy is placed.
Article 7 - Mediation 
1. Adver-Online is not liable for the establishment of a mediation between the Contracting Party and possible other parties/candidates. Adver-Online only takes care of the placement of the vacancy(s).
2. Adver-Online is not liable for the contact and follow-up that arises by using an Adver-Online e-mail address or a link to the e-mail address or website of the Contractor.
3. Adver-Online offers the Contractor the opportunity to use HROffice Recruitment as Applicant Tracking System for the processing of vacancies. If the results i.e. the responses to a vacancy placement have to be sent by email on behalf of the Contractor, this will be done on the responsibility of the Contracting Party. Adver-Online is not liable for any loss of data due to the use of unsafe e-mail connections.
Article 8 - Rates 
1. The Contractor owes the fees to Adver-Online, as stated in the relevant Agreement.
2. All fees due will be increased by the statutory taxes.
3. Adver-Online is entitled during the term of the Agreement to change the rates referred to in Article 8.1. In that case, article 2.2 of these General Terms and Conditions applies.
Article 9 - Payments 
1. Payment must be made within 14 days of the invoice date, in a manner to be indicated by Adver-Online in the currency in which the invoice is made, unless otherwise indicated by the Supplier in writing. Adver-Online will send the first invoice in the next month after receipt of the signed agreement. Adver-Online is entitled to an invoice at a given period. If Contractor has a registered account with the HR Appstore, payment can also be made via the payment methods offered there.
2. If the Client remains in default in the timely payment of an invoice, then the Client is legally in default. The Client then owes an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the due and payable amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.
3. The Client is never entitled to set off the amount owed by him to Adver-Online. Objections against the height of an invoice do not suspend the payment obligation. The Client who does not appeal to Section 6.5.3 (Articles 231 to 247 of Book 6 BW) will not be entitled to suspend the payment of an invoice for any other reason.
4. In the event that the Client is in default or omission in the (timely) fulfilment of any of his obligations, then in that case all reasonable costs that are incurred in obtaining payment out of court are at the expense of the Client. The extrajudicial costs will be calculated on the basis of what is customary in any Dutch debt collection practice, currently the calculation method according to Rapport Voorwerk II. However, if Adver-Online has incurred higher costs for collection than were reasonably necessary, the costs actually incurred will be eligible for reimbursement. In the event that any legal and execution costs are incurred these will also be recovered from the Client. The Client also owes interest on the collection costs due.
Article 10 - Confidentiality 
1. The parties are obliged to observe secrecy towards third parties of all data of a secret or confidential nature, in whatever form, which is obtained from or via the other party.
2. The parties are liable to each other for the damage suffered as a result of non-fulfilment of the obligations as described in article 10.1.
Article 11 - Tenable shortcomings, liability and indemnities 
1. If a Party does not fulfil its obligations under an Agreement and also after default notice still fails to act correctly within 30 days, the other Party is entitled to terminate this Agreement with immediate effect without judicial intervention or to request legal compliance. This without prejudice to his right to claim compensation for damages.
2. Adver-Online is not liable for damage resulting from incorrect information on the sites that Adver-Online offers, or an incorrect functioning of the job system. For the rest, the liability of Adver-Online by virtue of an unlawful act or an attributable shortcoming is limited to the amount calculated by the damage suffered by the Contractor, such with a maximum of € 1,000 (one thousand euro) per event and a maximum of € 5.000, - (five thousand) per calendar year  and never higher than the amount of the Agreement to which the unlawful act or attributable shortcoming relates. In any case, the liability of Adver-Online will never exceed the payment by its insurance in the relevant case.
3. Adver-Online will integrate as much as possible the supplied information but must adhere to the layout (regarding the texts and logos) and the available branch and job descriptions of the various internet (job) sites on which the vacancy placed is becoming.
4. Adver-Online places the vacancy(s) within 24 hours after receipt of the signed order confirmation from the Contractor. In case of force majeure, more time can be reserved for this in consultation with the Contractor. Adver-Online is not responsible for updating the vacancy (s) of the Contractor on the various internet (vacancy) sites or placing / displaying logos. No vacancies are posted on weekends or national holidays.
5. Adver-Online is not liable for calamities of any kind at the various internet (job) sites including, but not limited to, being offline and not being able to post vacancies on the relevant internet (vacancy) sites. In case of calamities, Adver-Online will post the vacancy(s) if these calamities have been remedied by the internet (vacancy) site.
6. In case of placement errors, Adver-Online will ensure that these are corrected within 48 hours. No repairs are carried out on weekends during national holidays. Recovery then takes place starting from the next working day.
7. The Contractor guarantees the correctness of all information supplied by him for placement via Adver-Online. The Contractor indemnifies Adver-Online against claims from third parties for compensation of damage, which is the result of incorrect information as referred to here.
8. The limitations of liability as outlined in this article do not apply in case of intent or gross negligence.
9. Adver-Online is not liable or responsible for the results and results of the Agreement concluded by the Contractor, including, but not limited to, the response, type of candidates/applicants and reactions to the posted vacancy(s) for the Contractor.
10. Adver-Online is not responsible for the transfers to the various internet (job) sites. In the event of malfunctions/errors, Adver-Online will alert the internet (vacancy) sites here.
11. Adver-Online is not liable for alliances concluded by the internet (vacancy) sites with regard to transfers. Transfers are dependent on individual agreements by the relevant internet (vacancy) sites and can, therefore, be changed during the contract term.
12. Adver-Online places the vacancies on the various internet (vacancy) sites and only removes them at the explicit request of the customer. Adver-Online does its utmost to remove these within 48 hours but is dependent on the batches of the various internet (job) sites, which may make it take longer.
13. Adver-Online is not liable for the removal of vacancies on the internet (vacancy) sites that Adver-Online does not place on its own, including, but not limited to, the various Spider sites and the cache of Google.
Article 12 - Personal data 
12.1 The Contracting Party is the owner of the Personal Data stored in and/or processed via the purchased services - current and future - from Adver-Online and 'Processing Manager' as referred to in the Personal Data Protection Act with regard to these Personal Data. Adver-Online processes the Personal Data on behalf of the Contracting Party and can thus be designated as a 'Processor' as referred to in the Personal Data Protection Act.
12.2 Adver-Online will ensure the proper and careful storage and management of the Personal Data of the Contracting Party. Subject to proof to the contrary, Adver-Online is deemed to have fulfilled this obligation.
12.3 Adver-Online is entitled to engage third parties for the execution of its activities in this context.
12.4 Adver-Online takes appropriate technical and organizational (security) measures to protect Personal Data against loss or any form of unlawful processing, in the broadest sense of the word.
12.5 Adver-Online is bound to the secrecy of the Personal Data, except if and insofar as a statutory provision obliges Adver-Online to disclose or the disclosure on behalf of the Contracting Party.
12.6 Adver-Online will report a data breach, which can be suspected of leading or which led to the loss or unlawful processing of Personal Data of the Contracting Party, to the contact person at the Contractor.
12.7 Contractor bears the risk with regard to damage or loss of the Personal Data stored with Adver-Online or third parties unless the damage or loss is due to an attributable shortcoming on the part of Adver-Online.
12.8 In the event that Contractor so requests, Adver-Online will provide a copy of the Contractor's Personal Data at the end of the Agreement in a format to be specified by Adver-Online. If the aforementioned request is not submitted in writing by the Contracting Party to Adver-Online at the latest two months before the end of the Agreement, then the Customer shall be deemed not to pay a price and the obligation of Adver-Online to provide a copy shall lapse.
12.9 Adver-Online and its affiliates are entitled to use the Personal Data processed on behalf of the Contracting Party in anonymous form for statistical purposes.
Article 13 - Other and final provisions 
1. Adver-Online has the right to refuse vacancy placements that are in violation of the law and/or good morals. Adver-Online strives to establish its policy in this respect in regulations.
2. All disputes that may arise from the Agreement will be settled by a binding advice or arbitration.
3. In case of misuse, Adver-Online reserves the right to terminate the Agreement immediately. The right of action of the Contractor is thus automatically cancelled.
4. The Parties are not permitted to transfer the rights and obligations under the Agreement to a third party without the Other Party's consent.
5. The obligation of confidentiality as described in article 10 continues until 2 years after the end of the Agreement.
6. Any applicability of general terms and conditions applied by the Contractor is expressly excluded.
7. It is not permitted to resell, lease or pledge the concept handled by Adver-Online to any third party.
8. All offers/prices that are issued are subject to typing and/or typesetting errors.
Article 14 - Privacy Statement 
Regarding the registration and processing of personal data provided by the User, reference is made to the applicable privacy statement on the website(s) of Adver-Online. This privacy statement must, therefore, be regarded as an inseparable part of these General Terms and Conditions.
Article 15 - (Re)nullity and Applicable Law 
16.1 If one or more provisions of the present General Conditions of Use are annulled or declared null and void, this will not affect the validity of the other conditions. HROffice will then determine a new provision to replace the annulled/void provision, whereby the scope of the annulled/void provision will be considered as far as possible.
16.2 Dutch law applies to these General Terms and Conditions of Use. The judge in Haarlem is deemed exclusively competent with regard to possible disputes.