Terms & Conditions

General Conditions

Article 1 - Definitions

  • Account: The account that you as a Job Seeker or Client can create through the Website of Rcruit.io. With an account, you can use all functionalities within the private area of the Website, paid or unpaid.
  • Terms and Conditions: These terms and conditions.
  • Service: The services provided by Rcruitr.io, including but not limited to offering Accounts through the Website to Users.
  • User: A natural or legal person with an Account. This can be either a Job Seeker or a Client.
  • Rcruitr.io: Rcruitr.io is a trade name of TOSS in Holland B.V., registered with the Chamber of Commerce under number: 64636755.
  • Client: A natural or legal person with whom Rcruitr.io has entered into a (mediation) agreement.
  • Party or Parties: Rcruitr.io, Client, or Job Seeker individually and/or together.
  • Job Seeker: A natural person who is not a Client and who uses a Service provided by Rcruitr.io.
  • Website: The website https://rcruitr.io/, a platform for bringing employers (Clients) and Job Seekers together.

Article 2 - Applicability

  • 2.1 These General Terms and Conditions apply to all proposals, offers, quotations, assignments and other (mediation) agreements between Rcruitr.io and/or a Client and/or a Job Seeker, insofar as they relate to the Services of Rcruitr.io and no different terms and conditions have been declared applicable.
  • 2.2 Any Terms and Conditions of the Client are not applicable and are expressly rejected by Rcruitr.io.
  • 2.3 If any provision of these General Terms and Conditions or the related (brokerage) agreement is not valid, non-binding or in conflict with a provision of mandatory law, the other provisions of the General Terms and Conditions or (brokerage) agreement will remain in full force. Provisions that are not valid will be replaced by mutual agreement between the Parties by provisions that are as close as possible to the purport of the invalid or nullified provisions.
  • 2.4 Agreements that deviate from these Terms and Conditions are only binding if Rcruitr.io has expressly agreed to them in writing.
  • 2.5 Provisions of these General Terms and Conditions that by their nature must remain in effect after termination of the agreement, will remain in full force, including but not limited to provisions regarding payment, confidentiality, intellectual property rights, and liability.

Article 3 - Deviations and Modifications

  • 3.1 If there is an agreed deviation from these General Terms and Conditions, it is only valid with respect to the (mediation) agreement to which the deviation has been declared applicable. Client and/or Job Seeker cannot derive any rights from a previously agreed deviation for future (mediation) agreements.
  • 3.2 Rcruitr.io has the right to unilaterally amend these Terms and Conditions. Rcruitr.io will notify the Client and Job Seeker of a change, unless it is a non-significant change that is necessary for Rcruitr.io's business operations.

Article 4 - Establishment of the Agreement

  • 4.1 All proposals, offers, quotations, assignments, and agreements of Rcruitr.io, as well as prices, fees, and terms quoted by Rcruitr.io are without obligation, unless otherwise expressly stated or agreed upon.
  • 4.2 A (mediation) agreement is only established if Rcruitr.io has confirmed it in writing.

Article 5 - Execution of the Agreement

  • 5.1 The parties shall perform (mediation) agreements and these General Terms and Conditions to the best of their understanding, ability, and in accordance with the requirements of good business practice.
  • 5.2 If during the execution of the (mediation) agreement it appears that for a proper execution of the (mediation) agreement it is necessary to amend or supplement the (mediation) agreement or General Terms and Conditions, the Parties will consult about this in a timely manner.

Article 6 - Terms of Payment

  • 6.1 Client and/or Job Seeker is at all times required to pay any invoice sent to them by Rcruitr.io within 14 calendar days of the invoice date. If an invoice is not paid within this period, Client will be in default by operation of law from that moment without notice of default and will owe contractual interest of 1.5% per month, whereby a part of a month will be counted as a full month. Where applicable, the Job Seeker shall owe the statutory interest pursuant to Article 6:119 of the Dutch Civil Code. A Suspension of payment or set-off is not permitted to the Client.
  • 6.2 The Client and/or the Job Seeker has the option to debit the amount of the invoice by direct debit from the bank account number provided by the Client and/or Job Seeker within the agreed term. If no term has been agreed upon, it will be 14 calendar days after the invoice date. Client and/or Job Seeker will ensure sufficient balance on the bank account number provided by Client and/or Job Seeker for direct debit.
  • 6.3 All costs of collection of outstanding invoices will be borne entirely by Client and/or Job Seeker. The compensation for extrajudicial costs will be set at a minimum of 15% of the principal amount due excluding interest with a minimum of EUR 250.00 (two hundred and fifty euros) per claim. In the case of Job Seeker, Rcruitr.io will follow the Besluit vergoeding voor buitengerechtelijke incassokosten [Article 6:96 paragraph 2 sub c in conjunction with paragraph 5 of the Dutch Civil Code]. This fee will always be charged and payable by the Client as soon as legal assistance is invoked by Rcruitr.io or by the third party entitled to receive payment, respectively the claim has been handed over for collection by Rcruitr.io or that third party, without any further proof. If the actual costs exceed 15%, Rcruitr.io or the third party shall be entitled to charge such actual costs.
  • 6.4 In case of default of the Client and/or Job Seeker, Rcruitr.io is entitled to suspend its Services and the use of the Account. Client and/or Job Seeker is also obliged to pay outstanding invoices during this period of suspension. Rcruitr.io is also entitled to terminate the (mediation) agreement with Client and/or Job Seeker with immediate effect or to discontinue the Service, if Client and/or Job Seeker is in default with respect to any invoice. Rcruitr.io can never be held liable for damages resulting from the termination of the (mediation) agreement, suspension, or discontinuation of the Service under this article.
  • 6.5 Claims arising as a result of immediate termination pursuant to Article 6.3 shall be immediately due and payable without further notice.
  • 6.6 In case of liquidation, bankruptcy, suspension of payments of the Client or in case of bankruptcy or admission to the statutory debt restructuring of Job Seeker, or in case of seizure at the expense of the Client and/or Job Seeker, the claims of Rcruitr.io on Client and/or Job Seeker are immediately due and payable.

Article 7 - Liability and Indemnity

  • 7.1 Rcruitr.io makes every effort to provide the Service properly. If the Client and/or Job Seeker is of the opinion that Rcruitr.io fails to fulfill this obligation, the Client and/or Job Seeker must - at the latest within one month after the occurrence or after becoming aware of the damage - submit a written complaint to Rcruitr.io in this regard, demonstrating that the damage is the direct result of an attributable shortcoming on the part of Rcruitr.io, before any right to compensation of the Client and/or Job Seeker arises.
  • 7.2 Any liability of Rcruitr.io to compensate Client for damages is limited to a maximum of 20% of the Client rate applicable to the agreement with a maximum of EUR 10,000.00 (ten thousand euros) per case. In addition, Rcruitr.io's liability is limited to two cases per fiscal year. This maximum shall lapse if there is intent or deliberate recklessness by persons belonging to the management of Rcruitr.io. Liability of Rcruitr.io for indirect damages, including consequential damages, lost profits, lost savings, losses, and damage due to business stagnation, is excluded in all cases.
  • 7.3 Rcruitr.io will in any case not be in default towards Client and/or Job Seeker and will not be obliged to compensate any damage if the default or damage is a direct or indirect result of:
    1. improper use of the Website by Client and/or Job Seeker;
    2. the inaccessibility of or delays in the operation of the Website;
    3. incorrect, incomplete, or not up-to-date information on the Website;
    4. viruses or other harmful software;
    5. Rcruitr.io not being able to provide the Service in accordance with the Terms and Conditions;
    6. damage caused by Client to a third party; and
    7. force majeure or unforeseen circumstances.
    Force majeure or unforeseen circumstances include, but are not limited to, defaults of third parties, (power) failures, computer viruses, (imminent) danger of war, pandemics, epidemics, quarantines, absenteeism, disability, strikes, government measures, and their consequences. In such cases, it is not possible to claim compensation, and Rcruitr.io is entitled to suspend its Services or terminate the (mediation) agreement immediately and without any obligation to compensate Client and/or Job Seeker for damages.

Article 8 - Intellectual Property

  • 8.1 Unless otherwise expressly agreed in writing, all intellectual property rights in works made available by Rcruitr.io as referred to in the Copyright Act are vested in Rcruitr.io.
  • 8.2 Client acquires - if applicable - only a non-exclusive right of use limited to the duration of the (mediation) agreement with respect to the works made available to Client and/or Job Seeker.
  • 8.3 The Client is not permitted to reproduce, transmit, distribute, make available to third parties, or duplicate in any way the works made available by Rcruitr.io without the prior written consent of Rcruitr.io.

Article 9 - Processing of Personal Data

  • 9.1 The parties are bound to keep personal data confidential and to act in accordance with the General Data Protection Regulation (GDPR) and other applicable laws and regulations.
  • 9.2 The Parties each independently qualify as a data controller within the meaning of Article 4, paragraph 7 AVG. Client and/or Job Seeker is independently responsible for the processing of personal data provided by Rcruitr.io to Client and/or Job Seeker.
  • 9.3 Client and/or Job Seeker shall cooperate as necessary for Rcruitr.io to comply with legal obligations based on applicable privacy laws and regulations, such as if a Job Seeker submits a request to exercise his or her right to removal (Article 17 AVG).
  • 9.4 Client and/or Job Seeker shall indemnify Rcruitr.io against any third-party claim against Rcruitr.io in connection with a violation by Client and/or Job Seeker of the provisions of this Article and shall reimburse Rcruitr.io for the related costs and damages incurred by Rcruitr.io.

Article 10 - Termination of the Agreement

  • 10.1 Every (mediation) agreement concluded between the Parties is entered into for the period indicated therein. Interim termination is not possible, unless otherwise agreed in writing.
  • 10.2 Notice of termination by the Client and/or Job Seeker of a (mediation) agreement must be given in writing with due observance of a notice period. Unless otherwise agreed, a notice period of one month will apply. The notice period will take effect from the first of the month after written termination by Client and/or Job Seeker.
  • 10.3 Rcruitr.io is entitled to terminate an agreement concluded between the Parties with immediate effect if the Client and/or Job Seeker is in default with respect to any invoice in accordance with the provisions of Article 6.1, or if the Client and/or Job Seeker is in default, or if there is force majeure or an unforeseen circumstance as a result of which Rcruitr.io cannot be expected to maintain the (mediation) agreement. In such case, Rcruitr.io is also entitled to discontinue, hide, and/or delete the use of the Account.
  • 10.4 Rcruitr.io can never be held liable for damages resulting from the unilateral termination of the (mediation) agreement under this article or the result of the discontinuation of the Account.
  • 10.5 Claims of Rcruitr.io arising as a result of such immediate termination shall be immediately due and payable without further notice.
  • 10.6 In the event that one of the Parties becomes bankrupt, Client applies for a moratorium, Job Seeker is admitted to statutory debt restructuring, or Client ceases business operations, Rcruitr.io has the right to terminate the (mediation) agreement without observing a notice period, all this with retention of rights.

Article 11 - Other Provisions

  • 11.1 These General Terms and Conditions and the associated legal relationships, as well as any disputes arising therefrom, shall be governed exclusively by Dutch law.
  • 11.2 All disputes shall be submitted to the competent court in the district of Amsterdam, unless a mandatory statutory provision dictates otherwise.
  • 11.3 In addition to the Dutch language, these General Terms and Conditions have also been drawn up in the English language with the aid of automated tools. The Dutch language shall always be decisive in the event of disputes concerning the interpretation or meaning of the General Terms and Conditions.