General Conditions
Article 1 - Definitions
The following terms in these general conditions are understood as:
Advertisement: an expression placed on the Site by the Client as a consequence of the Services provided by MYtaxjob.nl.
Agreement(s): written agreed confirmation or placement of Advertisements by MYtaxjob.nl.
Client: the individual or legal entity which makes use of the services provided on the Site.
General Conditions: these General Conditions.
MYtaxjob.nl: a division of Belgaco B.V..
Paties: both the Client and MYtaxjob.nl.
Services: a by MYtaxjob.nl provided service, for example the placement of Advertisement on the Site, respectively a subscription to or access to the developed CV database, the placement of company information on the Site, placement of a banner, etc..
Site: by the company on internet provided and for everyone accessible site(s) on the internet address www.mytaxjob.nl.
Article 2 - General
2.1
These General Conditions apply on all offers, tenders and Agreements of MYtaxjob.nl.
2.2
Deviations on these General Conditions are only valid if those have been agreed explicitly in writing by MYtaxjob.nl.
2.3
Application of the terms and conditions of Client are explicitly not accepted by MYtaxjob.nl.
2.4
The remaining provisions of these General Conditions will remain entirely effective and MYtaxjob.nl and Client enter into consultation in case any terms of these General Conditions are null and void or destroyed, whereby as much as possible the aim and the scope of those are observed.
2.5
MYtaxjob.nl has the right to modify these conditions and/or to add conditions and to apply those on the Advertisements. Modifications and/or supplements become effective 30 (thirty) days after disclosure on the Site or on a later date which is mentioned in the disclosure.
Article 3 - Offer and Agreement
3.1
All offers of MYtaxjob.nl are without engagement, unless it has been explicitly indicated different in the offer in writing. MYtaxjob.nl has the right not to accept a Client's Advertisement(s) without reason.
3.2
The Agreement between MYtaxjob.nl and Client becomes effective by written (order) confirmation of MYtaxjob.nl or by the actual implementation of Client's Advertisement on the Site of MYtaxjob.nl. Modifications of Client's tasks bind MYtaxjob.nl only as far as those have been confirmed in writing or actually carried out by MYtaxjob.nl.
Article 4 - Prices and payment
4.1
The mentioned prices for the offered Services are in Euro's (€), exclusive of VAT and exclusive of possible taxes or other levies, unless differently mentioned or corresponded in writing. The prices are indicated on the Site and can also be obtained by sending an e-mail to sales@mytaxjob.nl.
4.2
MYtaxjob.nl charges the amounts due by Client by means of an invoice. The invoices will be paid by Client in accordance with the payment conditions mentioned in the invoice. Failing specific conditions Client will pay within 15 (fifteen) days after invoice date.
4.3
Client shall pay the legal interest on the chargeable amount without any default notice by MYtaxjob.nl if it does not pay the amount due within the agreed period. Client shall also pay the complete extrajudicial and judicial cost, of which altitude is stipulated on a minimum of 15 (fifteen)% on the chargeable principal sum as invoiced to Client, if the Client remains negligent after a notice of default by MYtaxjob.nl..
4.4
MYtaxjob.nl preserves the right to reconsider its rates as mentioned on the Site. MYtaxjob.nl shall announce such rate changes on the Site at least 30 (thirty) days in advance. The rate changes will not be applicable for the ordered flex credits of Client before the rate change announcement date on the Site.
4.5
MYtaxjob.nl is entitled to ask Client at any time to provide certainty for the compliance with its duties towards MYtaxjob.nl by e.g. a bank guarantee or a payment in advances before the execution of a Service.
Article 5 - Placement of Advertisements
5.1
MYtaxjob.nl offers the following Services on the Site:
- Placement of job offers in the job opening database;
- Placement of banners;
- Tax news letter service;
- CV check service of the CV database;
- Company presentations;
- Placement of traineeships.
5.2
Client supplies to MYtaxjob.nl all necessary information of which Client knows, or reasonably should know, that those would be of importance to MYtaxjob.nl to perform a correct execution of its obligations under the Agreement for the provision of Services.
5.3
Materials for the placement of Advertisements by Client should be provided in accordance with the directives of MYtaxjob.nl. These directives have been published on the Site and can be asked at sales@mytaxjob.nl.
5.4
The right of placement expires automatically for the remaining period if the placement of the Advertisement is terminated before the agreed period of publication by Client, e.g. when a vacancy has been filled meanwhile.
Article 6 - Liability
6.1
The total liability of MYtaxjob.nl because of accountable shortcoming in the compliance with the Services provided by MYtaxjob.nl has been restricted to compensation of direct damage up to a maximum amount of the compensation payable by Client for the Services provided by MYtaxjob.nl. Direct damage is exclusively defined as the damage which is directly and indissolubly connected to the loss event.
6.2
The liability of MYtaxjob.nl for indirect damage, included consequence damage, lacked profits, lacked savings, damage following company stagnation and any other damage then that is meant in Article 6.1. has been excluded.
6.3
MYtaxjob.nl accepts absolutely no liability for damage arising from the use of the Site and/or the Services by Clients or third parties and for all possible impact of it, among which is also understood faults in the network and performance problems. Client safeguards MYtaxjob.nl against all possible claims of third parties concerning the texts and data as placed on the Site by Client.
6.4
MYtaxjob.nl does not accept any liability nor is there any right for a refund of amounts already paid by the Client in case candidates who filed their CV with the CV database are no longer available upon a CV check.
Article 7 - Termination
7.1
Each of the Parties is authorized to terminate the Agreement for the Services to be provided by way of a registered letter outside law if the other party, after a sound and as detailed as possible written notification of default, recognizing a period of at least 30 (thirty) days, remains accountable shortage in the performance of substantial duties under the Agreement.
7.2
If Client has received any Services from MYtaxjob.nl at the moment of dissolution as mentioned in Article 7.1, the already performed Services and the related payment liabilities will not be subject of the cancellation unless MYtaxjob.nl neglects its performance. Amounts invoiced by MYtaxjob.nl for Services already performed and invoiced before the dissolution remain, taking into account the previous sentence, undiminished chargeable and become directly chargeable at the moment of the dissolution.
Article 8 - Supremacy
8.1
None of the Parties is obliged to perform any obligation if the party is prevented to do so as a result of supremacy. Under supremacy is also understood a not accountable shortcoming of subcontractors of MYtaxjob.nl.
8.2
Both Parties have the right to terminate the Agreement in writing if the supremacy lasts for a period longer than 90 (ninety) days.
Article 9 - Intellectual property rights
All intellectual property rights with respect to products and materials, concerning the preparation and
implementation of the Services and/or Agreement, either developed for the Client or not, remain with
MYtaxjob.nl or its licensors.
Article 10 - Peronal data
MYtaxjob.nl records data of individuals for the implementation of the Service and/or Agreements and when these individuals have contact with MYtaxjob.nl within the framework of the Services provided. These data are used to carry out an Agreement and to inform them if relevant products and Services would be available by MYtaxjob.nl. The individual may inform MYtaxjob.nl that it would not like to obtain such information by sending an e-mail to support@mytaxjob.nl.
Article 11 - Maintenance
MYtaxjob.nl is entitled to put the system (temporarily) out of use or to restrict the use it without preceding disclosure as far as to limit this to the necessary required maintenance or for the necessary adaptations by the Company. No right to any claims will arise due to this by the Client towards MYtaxjob.nl.
Article 12 - Applicable law and disputes
12.1
The Agreement and Services provided by MYtaxjob.nl towards Client are subject to Dutch law.
12.2
Any disputes between MYtaxjob.nl and Client which may arise as a result of an Agreement between Paties or the provision of Services by MYtaxjob.nl to Client or as a result of closer agreements between MYtaxjob.nl and Client will be settled by the competent Judge in the district Amsterdam.