Terms and Conditions

1. Definitions and Interpretation

1.1. In these General Terms and Conditions, the following definitions have the following meanings:

Account

The account that you can create as a Job Seeker or Client via the Booming Jobs Website. An account allows for paid or unpaid use of all functionalities within the restricted area of the Website.

General Terms and Conditions

These General Terms and Conditions.

Service

The services of Booming Jobs, including but not limited to offering Accounts via the Website to Users.

User

A natural or legal person with an Account. This can be either a Job Seeker or a Client.

Booming Jobs

Booming Jobs is a trade name of Booming Jobs B.V., registered with the Dutch Chamber of Commerce (KvK) under number: 78039916.

Client

A natural or legal person with whom Booming Jobs has entered into the Agreement.

Agreement

Any Agreement to which these General Terms and Conditions have been declared applicable.

Party(ies)

Booming Jobs and Client individually or together.

Job Seeker

A natural person, including a freelancer, who is not a Client and who uses a Service of Booming Jobs.

Website

1.2. Plural forms of definitions should be read as references to the plural form of the meaning.

1.3. Unless expressly stated otherwise, a reference in these General Terms and Conditions:

a. to a “third party” means a reference to any other person. b. to an Article means a reference to an article of these General Terms and Conditions.

1.4. (Sub)headings in these General Terms and Conditions are for the convenience of the reader and have no independent meaning.

2. Applicability of General Terms and Conditions

2.1. These General Terms and Conditions apply to all assignments, quotations, proposals, offers, and other agreements between Client and Booming Jobs, insofar as they relate to Booming Jobs' Services and no different terms have been declared applicable.

2.2. These General Terms and Conditions replace the General Terms and Conditions of an earlier date.

2.3. Any general terms and conditions of the Client do not apply and are expressly rejected by Booming Jobs.

2.4. If a provision of these General Terms and Conditions or the Agreement is null, voided, invalid, non-binding, or in conflict with a mandatory legal provision (“non-valid provisions”), the other provisions of the General Terms and Conditions or Agreement will remain in full force. Non-valid provisions will be replaced by provisions that as closely as possible reflect the intent of the null or voided provisions, by mutual agreement between the Client and Booming Jobs.

2.5. Agreements that deviate from these General Terms and Conditions are only binding if Booming Jobs has expressly agreed to them in writing.

2.6. Provisions of these General Terms and Conditions that by their nature are intended to continue after the termination of the Agreement remain in force.

3. Deviations and Changes

3.1. If there is an agreed deviation from these General Terms and Conditions, it is only valid with respect to the agreement to which the deviation has been declared applicable. The Client cannot derive any rights from a previously agreed deviation for other agreements.

3.2. Booming Jobs has the right to unilaterally change these General Terms and Conditions. Booming Jobs will inform the Client of a change, unless it is a non-significant change necessary for the business operations of Booming Jobs.

4. Formation of the Agreement

4.1. All assignments, quotations, proposals, offers, and other agreements of Booming Jobs, as well as price quotations, fees, and terms given by Booming Jobs, are without obligation, unless expressly stated otherwise or agreed upon.

4.2. The Agreement is only concluded if Booming Jobs has confirmed it in writing.

5. Duration of the Agreement and Termination

5.1. The Agreement is entered into for a period of 12 months.

5.2. Interim termination of the Agreement by the Client is not possible, unless otherwise provided by law or agreed upon.

5.3. Termination of the Agreement by the Client must be in writing, observing a notice period of two calendar months before the end of the period referred to in Article 5.1. The notice period starts on the first of the month following the written termination by the Client.

5.4. If the Agreement is not terminated within the notice period referred to in Article 5.3, the Agreement is tacitly renewed for the period referred to in Article 5.1. After the expiration of the first period, the Client can terminate the Agreement on a monthly basis.

6. Execution of the Agreement

6.1. Parties will execute the agreements made between them and these General Terms and Conditions to the best of their knowledge, ability, and in accordance with the requirements of good business practice.

6.2. If during the execution of the Agreement it appears that it is necessary for proper execution of the Agreement to change or supplement the Agreement or General Terms and Conditions or to deviate from them, the Parties will timely consult about this.

7. Payment Terms

7.1. The Client is at all times obliged to pay any invoice submitted by Booming Jobs. Payment for the Service is made by direct debit of the invoice amount from the bank account number provided by the Client. The direct debit takes place within fourteen days of the invoice date.

7.2. The Client ensures sufficient balance on the bank account number provided for direct debit. If there is insufficient balance, the Client is in default without further notice and owes interest of 1% per month, with a part of a month being counted as a full month. Suspension of payment or set-off is not permitted for the Client.

7.3. All costs of collection of outstanding invoices are fully borne by the Client. The compensation for extrajudicial costs is set at a minimum of 15% of the principal amount due excluding statutory interest with a minimum of € 225 per claim. This compensation will always be charged and owed by the Client as soon as legal assistance is sought by Booming Jobs or the third party entitled to receive the payment, respectively the claim is handed over for collection by Booming Jobs or that third party, without further proof. If the actual extrajudicial costs are higher than 15% of the invoice amount, Booming Jobs or the third party is entitled to charge these actual costs.

7.4. In case of default by the Client, Booming Jobs is entitled to suspend the Service. The Client remains obliged to pay outstanding invoices during this suspension period. Booming Jobs also has the right to terminate the Agreement with the Client immediately or to cease the Service if the Client is in default with respect to any invoice. Booming Jobs is never liable for damage resulting from the termination of the Agreement, suspension of the presentation, or cessation of the Service based on this Article.

7.5. Claims arising from the immediate termination of the Agreement under Article 7.3 are immediately due without further notice.

7.6. In case of liquidation, bankruptcy, suspension of payment of the Client, or if there is a seizure at the expense of the Client, the claims of Booming Jobs on the Client are immediately due.

7.7. Clients purchase a package from Booming Jobs based on the expected number of vacancies they will advertise under the Service during the period referred to in Article 5.1. An annual statement is sent for each period referred to in Article 5.1. If more vacancies are advertised than the package offers in that period, a recalculation will be made. This recalculation is debited by direct debit from the bank account number provided by the Client. If fewer vacancies are advertised in the period referred to in Article 5.1, the Client is not entitled to a refund.

8. Termination of the Agreement

8.1. Booming Jobs is entitled to terminate an Agreement between the parties with immediate effect if the Client is in default with respect to any invoice in accordance with Article 7.2.

8.2. Booming Jobs is never liable for damage resulting from the unilateral termination of the Agreement.

8.3. Claims of Booming Jobs arising from this immediate termination are immediately due without further notice.

8.4. If either party goes bankrupt, is granted a suspension of payments, or ceases operations, the other party has the right to terminate the Agreement without notice, without prejudice to rights.

9. Liability and Indemnity

9.1. Booming Jobs endeavors to provide the Service properly. If the Client believes that Booming Jobs is not fulfilling this obligation, the Client must submit a written complaint to Booming Jobs within one month after discovering the damage or reasonably should have discovered it, demonstrating that the damage is the direct result of an attributable shortcoming on the part of Booming Jobs, before any right to compensation arises.

9.2. The Client gives Booming Jobs a reasonable period to remedy the defect in the Service.

9.3. Any liability of Booming Jobs for compensation of damage to the Client is limited to a maximum of 20% of the client rate applicable to the Agreement with a maximum of € 5,000 per case. Additionally, Booming Jobs' liability is limited to two cases per fiscal year. This maximum does not apply in cases of intent or deliberate recklessness on the part of Booming Jobs. Liability of Booming Jobs for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption, is excluded in all cases.

10. Intellectual Property

10.1. Unless expressly agreed otherwise in writing, all intellectual property rights to works made available by Booming Jobs rest with Booming Jobs, its licensors, and/or employers, including trademark rights, copyrights, design rights, and trade name rights. The Client acknowledges these rights and will refrain from any form of infringement on these rights.

10.2. The Client obtains - if applicable - only a non-exclusive right of use limited to the duration of the Agreement concerning the works made available to the Client.

10.3. The Client is not allowed to reproduce, transmit, distribute, make available to third parties, or copy the works made available by Booming Jobs in any way without prior written permission from Booming Jobs.

11. Processing of Personal Data

11.1. Parties are obliged to treat personal data confidentially and to act in accordance with the General Data Protection Regulation (GDPR) and other applicable laws and regulations.

11.2. Parties each qualify independently as controllers within the meaning of Article 4(7) GDPR. The Client is independently responsible for the processing of personal data provided by Booming Jobs to the Client.

11.3. The Client provides cooperation if necessary for Booming Jobs 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 erasure (Article 17 GDPR).

11.4. The Client indemnifies Booming Jobs against any claim from third parties against Booming Jobs in connection with the processing of personal data under the Agreement.

12. Applicable Law and Forum Choice

12.1. These General Terms and Conditions and the Agreement, as well as all disputes arising from them, are governed by Dutch law.

12.2. All disputes will be submitted to the court in Amsterdam, unless a mandatory legal provision prescribes otherwise.