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Terms of Use

Overview

We understand you want to know what you can expect from us (and vice versa), and that is why we have drawn up these Terms of Use (Terms) for our Platform. We aim to be transparent, however if anything is unclear, please let us know.

These Terms are an agreement between Jobsmate (Jobsmate, Us, We, or Our) and You (User, You, or Your). This Agreement sets out the general Terms of Your use of the Jobsmate.Global website (Platform) and any of our products or services (Services).

Where You have agreed to other terms of services with Us, those terms will take precedence over these Terms, where they conflict

About Us

Jobsmate

Rinus Michelslaan 337

1061 MB Amsterdam

Represented by: Recep Uzmay and Lorenzo Nikolic

Contact details: +31 6 38 27 51 70

Entry in: Kamer van Koophandel (NL)

Registered Number: 90632583

VAT Number: NL865385774B01

Accounts and membership

By using the Platform and Services, You warrant and represent that You are at least 16 years of age, that you have full authority to enter into these Terms, and perform its obligations hereunder. In turn, We warrant and represent that We have full authority to perform the services under these Terms. If You create an account on the Platform, You are responsible for maintaining the security of your account and You are fully responsible for all activities that occur under the account and any other actions taken in connection with it. By accepting these terms of use as a candidate (job seeker), you agree that your information will be shared with companies. Providing false contact information of any kind may result in the termination of Your account. You must immediately notify us of any unauthorized uses of Your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Usage restrictions

When using the Platform, You must behave lawfully and appropriately and not abuse the Platform in any way. In particular, while using the Platform and Services, You agree not to:

  • access, store, distribute or transmit viruses, malicious code, or other harmful technologies,
  • do anything that infringes the intellectual property rights of a third party,
  • create one or more accounts for other commercial or illegitimate purposes,
  • reverse engineer, copy, modify, data scape, automate, or re-sell the Platform in any way, or
  • do anything unlawful, fraudulent, harmful, threatening, defamatory, discriminatory, or offensive and as such negatively impact yours or Our public image.

Consequences

If You violate any of the above restrictions or do anything else We reasonably believe to be harmful or illegitimate, We may suspend Your access to the Platform and Services and We may subsequently terminate these Terms. Such termination shall be without liability to You.

Billing and payments

You shall pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse service to you.

We may, at our sole discretion, limit or cancel services purchased per person or per entity. These restrictions may include services requested by or under the same customer account, the same credit card, and/or the same billing and/or shipping address. In the event that we make a change to or cancel any services, we will notify you by the email and/or billing address/phone number provided at the time the service was requested.

The receipt of funds by us from Service Recipients on your behalf shall be deemed for all purposes as the full and final payment of funds to you, with Service Recipients being relieved of any and all risk of loss immediately upon payment to us, as if the Service Recipients had made the payment directly to you.

You shall inform Service Recipients that payments made to us will be considered a direct payment to you and will discharge the Service Recipients from any further payment obligations to you to the extent of the payment received by us.

Upon our receipt of funds from Service Recipients on your behalf, we will simultaneously issue a receipt or confirmation to the Service Recipients acknowledging such receipt of funds, and confirming that such receipt is considered a payment to you, relieving the Service Recipient of all risks of loss from the subsequent transfer of funds to you.

Our payment services for contractors are powered by our partner, Stripe, whose licenses can be found [insert link to licenses].

Additional Information

Furthermore, it's important to note that there are four revenue models:

  1. Purchasing a candidate's CV.
  2. Approaching Jobsmate to place a candidate at your company for a minimum fee of 15% of the candidate's gross annual salary.
  3. Hiring an hourly-based temporary worker, where you must pay a minimum factor of 2.1 times the gross hourly wage.
  4. Engaging Jobsmate for a remote project, where Jobsmate receives 5% of the project's quoted amount.

Additionally, when a customer purchases a resume through Jobsmate, we are not responsible for the candidate's response. The candidate retains the right to reject the proposal from the buyer (employer) at all times. The purchase of a resume does not guarantee the candidate's agreement or employment with the buyer.

Accuracy of information

From time to time, the Platform may contain typographical errors, inaccuracies, or omissions related to promotions and offers. We retain the right to rectify any such errors, inaccuracies, or omissions. Additionally, we may modify or update information, or even cancel a Service if we identify inaccuracies on the Platform or related Services. These corrections and changes can occur without prior notice, including after you have submitted a request for a Service. We are not obligated to routinely update, amend, or clarify information on the Platform, including pricing details, except as required by applicable law. The presence of a specific update or refresh date on the Platform should not be construed as an indication that all information on the Website or related Services has been modified or updated.

Backups

We conduct regular backups of the Platform and its Content to ensure their completeness and accuracy. In the event of hardware failures or data loss, we will automatically restore backups to minimize disruptions and downtime.

Links to other websites

While this Platform may provide links to other websites, it's important to note that we do not directly or indirectly imply approval, association, sponsorship, endorsement, or affiliation with any linked website unless explicitly stated. We do not bear responsibility for examining or evaluating the offerings of other businesses, individuals, or the content on their websites. We disclaim any responsibility or liability for the actions, products, services, and content of third-party websites. When accessing external websites through links from this Website, it's essential to carefully review their legal statements and terms of use. The decision to link to off-site websites is at your own risk.

Bovenkant formulier

Onderkant formulier

Prohibited uses

In addition to other any other terms agreed to, You are prohibited from using the Platform, Content, or Services: (a) for any unlawful or illegal purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services and Platform or any related website, other websites, or the Internet. We reserve the right to terminate or suspend Your use of the Platform, the Services or any related website for violating any of the prohibited uses unconditionally.

Disclaimer of warranty

You agree that Your use of our Platform and Services is solely at Your own risk. The Platform and information obtained through the Platform are provided on an "as is" and "as available" basis. We do not provide tax, legal, or accounting advice and are not permitted to engage in the practice of law. We do not act as your attorney, and information given by Us is made for informational purposes only and is not a substitute for the advice of an attorney if such is needed to make decisions about compliance with applicable laws. We take every reasonable effort to ensure our Services are provided to reflect our best understanding of compliance matters related to employment, the information on the platform is not legal advice and is not guaranteed to be correct, complete, or up-to- date.

We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services requested on the platform will meet Your requirements, or that the Services requested will be uninterrupted, timely, secure, or error-free; nor do We make any warranty as to the results that may be obtained from the use of the Platform and Services or as to the accuracy or reliability of any information obtained through the Platform and Services or that defects in the Platform and Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Platform and Services is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any Services requested or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by You from Us or through the Services shall create any warranty not expressly made herein. You are advised to consult with an attorney, tax advisor, or accountant before accepting these Terms.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will We, Our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, fraud, negligence or otherwise, even if Jobsmate, has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Our and Our affiliates, officers, employees, agents, suppliers and licensors, relating to the Services requested on the platform, will be limited to any amounts actually paid by You to Us for the one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate You for any losses or fails of its essential purpose.

Severability

All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Changes and amendments

We reserve the right to modify these Terms and any policies relating to the Platform or Services at any time. Continued use of the Platform after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that You have read these Terms and agree to all its terms and as set out. By using the Platform or Services requested on the Platform, You agree to be bound by the Terms. If You do not agree to abide by the terms, You are not authorized to use or access the Platform and its Services.

Contact us

For inquiries or requests, please contact us at info@jobsmate.nl

Privacy and data processing

Some of the activities We enable You to perform on the Platform can create a controller to processor relationship between us within the meaning of data protection law. This is especially the case where We process information about personnel You hire directly, and when we provide Global Payroll Services. This section will apply in any situation where We process personal data on Your behalf via the Platform as a processor. Any other personal data processing in connection with our Services is covered in our Privacy Policy and, where applicable, other services agreements between You and Us.

You and Us will comply with all requirements of all relevant data protection legislation, such as the General Data Protection Regulation (EU) 2016/679, as applicable to the provision and receipt of the Services. You may act as controller and We may act as processor. In such circumstances, We will process personal data only to the extent necessary to perform Our obligations pursuant to these Terms in accordance with Your instructions.

The subject matter of the processing is personal data processing necessary for the performance of these Terms (or any other services agreement between You and Us). The purpose of the processing is the delivery of Our Services. The duration of the processing is equal to the duration of these Terms (or any other services agreement between You and Us), unless otherwise required by law. The processing shall be carried out by both automated and non-automated means. The personal data relates to Your personnel and includes, but is not limited to (i) their names, social security numbers (or equivalent), passport copies, bank account numbers, salary and tax information, employment status, country of residence, join date; (ii) any other categories of personal data required by applicable law for Us to be able to deliver the Service; and (iii) any other categories of personal data You instruct us to collect on Your behalf via the Platform.

You hereby provide Us with a general authorisation to engage processors as necessary to deliver the Services and We commit to informing You of any intended changes concerning the addition or replacement of processors, thereby giving You an opportunity to object to such changes, by way of updating Our processor list, available here: https://Platform.jobsmate.global/dashboard/candidates (for registered users only). Where You have not objected to a processor appointment within 14 days following a change to the processor list, You shall be deemed to have authorized the change. We shall produce an up-to-date list of processors engaged by Us to deliver the Services to You without undue delay upon written request.

We warrant that the personnel We engage to process personal data on Your behalf in connection with the Services are informed of their obligations in relation to personal data, and that they will process personal data in confidence and in accordance with these Terms and all relevant data protection legislation.

We shall implement technical and organizational measures to keep personal data processed in connection with the Services secure against unauthorized or unlawful processing and against accidental loss, destruction or damage. We shall report any personal data breaches concerning such personal data without undue delay after becoming aware of such breaches. We shall use our best endeavors to maintain our current SOC2 Type 2 and ISO27001 certifications for the duration of these Terms.

We shall assist You in responding to any requests made by relevant data subjects which concern the exercise of their rights under data protection legislation. We will also assist You, to the extent necessary, in relation to the security of personal data processing, data breach notifications, data protection impact assessments and prior consultations with data protection authorities. We will make available to You all information necessary to demonstrate compliance with the obligations laid out in this section.

Upon termination of the commercial relationship between Us and You, We will, at Your choice, delete or return all the personal data processed on Your behalf in connection with the Services to You and delete existing copies unless otherwise required by applicable law.

To the extent data protection legislation, such as the General Data Protection Regulation (EU) 2016/679 (EU GDPR) or its implementation in the law of the United Kingdom (UK GDPR), applies to the disclosure of personal data between us, and where either We or You receive such personal data into a country other than a country recognised as 'adequate' by the European Commission or the UK Information Commissioner's Office: (i) where the EU GDPR applies, then the standard contractual clauses in the Annex to Commission Implementing Decision (EU) 2021/914 of 4 June 2021 (EU SCCs) shall apply to all such transfers; and (ii) where the UK GDPR applies, then the EU SCCs shall apply and the International Data Transfer Addendum to the EU Commission standard contractual clauses issued by the Information Commissioner's Office under s.119A(1) of the Data Protection Act 2018 (UK Addendum) shall apply to all such transfers.

The EU SCCs (and UK Addendum, as applicable) are hereby fully incorporated and fully executed subject to the provisions of these Terms. When You disclose personal data subject to the data protection laws such as the EU or UK GDPR to Us and We receive such personal data outside an 'adequate' country, You shall act as the data exporter, We shall act as the data importer and Module Two of the standard contractual clauses shall apply. When We disclose personal data subject to the data protection laws such as the EU or UK GDPR to You and You receive such personal data outside an 'adequate' country, We shall act as the data exporter, You shall act as the data importer and Module Four of the standard contractual clauses shall apply.The optional elements in the standard contractual clauses apply as follows:

(i) Clause 7 (Docking Clause) shall not apply,

(ii) Option 2 (General Authorisation) of Clause 9 shall apply, and

(iii) the optional language in Clause 11 (Redress) shall not apply.

(iv) For Clause 13 (Supervision), the supervisory authority with responsibility for ensuring compliance by the data exporter with the GDPR with regard to restricted transfers shall be the Dutch supervisory authority;

(v) For Clause 17 (Governing Law), Option 2 shall apply and in the event that the law of the jurisdiction in which the data exporter is established does not allow for third-party beneficiary rights, the SCCs shall be governed by the laws of the Netherlands.

(vi)For Clause 18 (Choice of forum and jurisdiction), the Parties agree that the courts of the Netherlands shall resolve any disputes arising out of the SCCs.

(vii) The information required by Annex I and II of the standard contractual clauses is set out as follows: Our address is the address set out in these Terms; Your address is the address You specify on the Platform; we can contact each other via the Platform; the activities relevant to the data transferred all relate to the provision or receipt of Our Services; Your role is that of a controller and Our role is that of a processor; both We and You can are available to be contacted via the Platform; the transfer is described in these Terms; personal data shall be transferred on a continuous basis; it shall be retained by Us in line with the requirements of applicable law; the competent authority is the Dutch data protection authority; the technical and organisational measures to ensure the security of the data are those measures We have adopted in the context of our SOC 2 Type to and ISO270001 certifications.

Where the UK GDPR applies, You and We agree that the EU SCCs shall apply completed as set out in this clause and be deemed amended as specified by Part 2 of the UK Addendum. In addition, tables 1 to 3 shall be deemed completed with the information set out in this section (as applicable) and table 4 shall be deemed completed by selecting "neither party".