General Terms and Conditions
8vance Matching Technologies BV (8vance)
1.1. These General Terms and Conditions apply to the use of the 8vance platform (‘8vance Platform’) by a potential employer or intermediary (‘Customer’). The 8vance Platform is made available to Customers and enables them to register Vacancies and Talents on the 8vance Platform and match these against Talents and Vacancies from other sources. (‘Service’).
1.2. For the purpose of registration, which is an offer to enter into a contractual relationship, the customer must provide the following information:
– Name of the organisation
– Your personal name
– Your phone number
– Your e-mail
– The registration number of the organisation.
1.3 In the event of successful registration, Customer will receive a confirmation by email from 8vance and confirmation of the registration will result in a contract for the use of the 8vance Platform.
2.1. By using the 8vance Platform, Customers can match their vacancies and talents entirely automatically with other vacancies and talents registered on the 8vance Platform, depending on the type of service selected on the 8vance Platform.
2.2. The 8vance Platform offers various options to contact the Talent such as a phone number, email, address, as well as contact details of their employer in case they have registered on request of their employer as part of the Jobliebe initiative throughout the corona crisis.
Customers will be able to decide independently and autonomously whether they choose to contact a particular potential Talent or not. Contact is made by Customers and at their sole risk and expense. Customers are solely responsible for complying with all legal provisions concerning contacting or soliciting potential Talents.
- Use of the 8vance Platform
3.1. After registering on the 8vance Platform with a username and a password, Customer receives an e-mail to confirm their registration.
A user account may only be used by a single natural person (‘authorised user’). If Customer would like to obtain access to the 8vance Platform for several employees, they must contact 8vance.
3.2. Customer must ensure that login information is kept secret at all times, so that no unauthorized persons can access the 8vance Platform. In case 8vance may have reasons to assume that login information is used by unauthorized persons, 8vance may block the user account.
3.3. Customer will not copy, modify, adapt, reproduce, use or translate any data, content or other features of the 8vance Platform for the purpose of setting up their own database, disseminate, pass on, reconstruct, decompile or disassemble. Customer is prohibited from any breach or attempted breach of security of the 8vance Platform, as well as attempts to investigate, test or test the vulnerability of the system or network or to violate the security or authentication measures.
3.4. From the commencement date, 8vance will make every effort as a good contractor to provide the Service. The Service will be provided on an “as is” basis. The use of the Service by the Customer and End Users is at the expense and risk of the Client.
3.5. 8vance grants to Customer for the duration and under the terms of the Agreement the right to use the 8vance Platform as described in this article (the ‘License’), provided that Customer pays all Fees in a timely manner.
3.6. Customer may use the Service only for the internal purposes of his organization. Customer may also have the Service used by End Users outside its organization insofar as these uses form part of the Services provided by 8vance. The Customer may not offer the Service to third parties.
3.7 After prior notification, 8vance may make changes to the 8vance Platform, interrupt the Service and temporarily block access to the Service (for example as a result of maintenance, updates and / or expansion of work by 8vance with regard to the Service). In that case, the Customer is not entitled to compensation or settlement of the Fees.
3.8. If a change in the 8vance Platform leads to a change in the functionality, 8vance will notify the Customer.
- Personal Data
4.1. Depending on the Services agreed with 8vance the Customer have access to personal data. The Customer is acting as a data processor for 8vance concerning this personal Data defined in this data processing agreement: Here.
4.2. Depending on the Services agreed with 8vance the Customer might use 8vance services as a data processor for personal data the Customer is the Data Controller for. For this case the following Data processing agreement link is applicable.
5.1. 8vance provides this 8vance Platform and service “as is”. The technical availability is based on comparable web offers.
5.2. Any agreements between Customer and a Talent do not bind 8vance. 8vance is not liable for compliance with agreements between Customer and Talent and is not obliged to enforce such agreements. 8vance is not liable for costs or damages resulting from such an agreement between Customer and Talent or any other legal relationships between Customers and Talent.
5.3. 8vance and its employees and / or representatives are not liable for any damage, in particular not for lost sales or profits, consequential damage or loss of use, which arise from usage of the 8vance Platform or any information contained therein, regardless of whether a liability for damages is contractual, legally or otherwise justified, even if 8vance have been advised of the possibility of such an obligation to pay compensation.
5.4. 8vance is not liable for any further damage or loss. In particular, 8vance is not liable for initial defects in the 8vance Platform.
5.5. Liability for data loss is limited to the typical effort required to restore the data if backup copies are made regularly and in accordance with the associated risks.
- Responsibility and warranty of the Customer
6.1. Customer declares and guarantees that a registered user account will be registered on behalf of Customer by an authorized employee, who will subsequently be the authorized user of this user account and who will be authorized to conclude this contract on behalf of Customer, in order to use the service according to the terms of contract. Customer has to ensure that all information transmitted to 8vance is up-to-date, accurate and complete.
6.2. Customer declares and guarantees that no information and no content they may upload to the 8vance Platform violates the rights of third parties or applicable laws or regulations
6.3. Customer will indemnify 8vance, 8vance representatives and employees from all claims arising from the use of the 8vance Platform by Customer, to safeguard them and to refund 8vance damages. This applies in particular (but not only) to:
- violation of or violation of a provision of this contract, in particular the abuse of the 8vance Platform;
- violation or violation of the applicable law and / or violation of the rights of third parties.
- Duration and termination
7.1. This agreement is concluded with the registration and acceptance of the Customer and will be entered into for the period defined for the service on the 8vance Platform. The agreement shall be extended for the same period at the end of this period, unless a contracting party terminates the agreement in line with the termination period defined for the service on the 8vance Platform.
7.2. Provisions that are expressly or by their nature unaffected by a termination of this contract, including the provisions according to Section 6, will survive termination of the contract.
- General provisions
8.1. Customer may only transfer rights and obligations from this agreement to third parties with prior written consent of 8vance.
8.2. Without prejudice to the provisions of this contract, changes and additions to this contract must be made in writing.
8.3. General terms and conditions of Customer do not apply.
8.4. In the event that Customer is a legal entity under public law, the Netherlands will be the exclusive place of jurisdiction for legal disputes arising from or in connection with this contract.
8.5. Should individual provisions of this contract be or become ineffective, illegal or unenforceable, the validity of the remaining provisions of this contract will not be affected.
8vance Matching Technologies BV
Arnoldus Janssenstraat 82
5935 BT Steijl
Managing Directors: Johannes A.G. Stoffels, P. van Marwyk
Registration Number: KvK 55679218