General terms and conditions



1. NOTICE
We request that you read these General Terms and Conditions carefully. They govern the entire contractual relationship between ErasmusTalent and its Partner(s), to the exclusion of the general terms and conditions of the latter(s). Any change, deviation or addition must be agreed in writing. The non-exercise of its rights arising from these General Terms and Conditions by ErasmusTalent cannot be considered as a waiver of its right to do so in the future.
When entering into an agreement and subsequently with any change to these terms and conditions, you will be asked to confirm that you have taken note of these General Terms and Conditions and that you accept their contents as binding.
The latest version of the General Terms and Conditions is always available on the Website www.erasmustalent.nl.


2. DEFINITIONS
2.1. “ErasmusTalent” or “we”, “us” or “our”: ErasmusTalent BV, trading under the name ErasmusTalent, KP van der Mandelelaan 41-43, 3062 MB, Rotterdam, e-mail: info@erasmustalent.nl,  tel  : 010-3118320, Chamber of Commerce 27277862, VAT: NL814768209B01.
2.2. “Partner” or “you”: any natural person or legal entity acting in the exercise of his profession or business who has or will have a contractual relationship of any kind with ErasmusTalent.
2.3. “Services”: the services offered by ErasmusTalent via the Website.
2.4. “Website”: the web pages accessible via www.erasmustalent.nl, with the exception of links to other websites stated on those web pages.


3. APPLICABILITY
3.1. These General Terms and Conditions apply to every offer from ErasmusTalent and to every agreement concluded between ErasmusTalent and the Partner.
3.2. In addition to these General Terms and Conditions, additional terms and conditions may apply to certain Services, if expressly stated. If there are any differences between the additional terms and conditions and these General Terms and Conditions, the provisions of the additional terms and conditions will in principle apply above the General Terms and Conditions, unless otherwise stated.
3.3. One or more provisions in these General Terms and Conditions can only be deviated from if this has been expressly agreed in writing. In that case, the other provisions of these conditions will remain in full force.
3.4. General or other terms and conditions used by the Partner do not apply unless expressly agreed to in writing by ErasmusTalent.
3.5. The contact address provided by the Partner must be located in the Netherlands. If this is not the case, ErasmusTalent may decide to refuse the provision of Services or to subject them to conditions.
3.6. ErasmusTalent reserves the right to change and/or supplement the General Terms and Conditions at any time for future agreements.
3.7. By entering into an agreement, the Partner accepts these General Terms and Conditions, as well as the Terms of Use as stated on the Website.
3.8. These General Terms and Conditions do not apply to offers and agreements with natural persons who do not act in the exercise of their profession or business.


4. QUOTES AND OFFERS
4.1. All quotations and offers from ErasmusTalent are without obligation, unless a term for acceptance is stated in the quotation. A quotation or offer also expires if it is not accepted within 14 working days.
4.2. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, ErasmusTalent is not bound by this. The agreement will then not be concluded in accordance with this deviating acceptance, unless ErasmusTalent indicates otherwise.
4.3. A composite quotation does not oblige ErasmusTalent to carry out part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
4.4. Agreements are concluded exclusively in writing.
4.5. ErasmusTalent reserves the right to refuse assignments without stating reasons.


5. LIABILITY OF THE PARTNER
5.1. The Partner guarantees that all vacancies are realistic.
5.2. The Partner is responsible for the content, form and technical quality of the material to be published (including but not limited to vacancies, company presentations, etc.), and for any errors therein. ErasmusTalent may suspend or refuse the requested Service if it has reasonable suspicions that the information provided is incorrect, incomplete or outdated.
5.3. ErasmusTalent cannot in any way be held liable for possible damage suffered by third parties as a result of incorrect, incomplete and/or outdated information published or released by or at the request of the Partner on the Website or otherwise. The Partner indemnifies ErasmusTalent against any claims from third parties in this regard. The Partner is obliged to fully indemnify ErasmusTalent for all costs incurred by or on behalf of ErasmusTalent in connection with any claims from third parties.
5.4. The Partner acknowledges that ErasmusTalent is dependent on the cooperation of the Partner for the provision of Services. The Partner must, among other things, ensure that the materials to be published are delivered on time and that they meet the specifications prescribed by ErasmusTalent.
5.5. If the Partner refuses Services or fails to perform an action necessary for the provision of Services, ErasmusTalent has the right to terminate the agreement with immediate effect or to suspend its performance, to dispose of the Services at the discretion of ErasmusTalent and recover from the Partner any loss and/or costs incurred as a result of such refusal or default.


6. PRICE
6.1. The prices stated in a quotation or offer are exclusive of VAT and other government levies, which are passed on to the Partner.
6.2. The price may be adjusted annually by ErasmusTalent based on the CBS Consumer Price Index.
6.3. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can be corrected by ErasmusTalent after the conclusion of the agreement. The Partner is bound by such corrections.


7. PAYMENT AND COLLECTION COSTS
7.1. Payment must be made in the manner and in the currency stated on the invoice, without any claim for settlement or any other form of compensation or suspension. Complaints must be submitted to ErasmusTalent in writing within eight days of the invoice date, under penalty of forfeiture of rights.
7.2. The agreed payment term applies as a deadline, the expiry of which the Partner is legally in default. Furthermore, any discounts will expire upon expiry of the payment term.
7.3. ErasmusTalent is at all times entitled to require the Partner to provide security for the timely and full payment of all that the Partner may owe under the agreement at any time.
7.4. If the Partner fails to meet its payment obligations, or if it does not provide security at ErasmusTalent’s first request in accordance with the provisions of the previous paragraph, ErasmusTalent is entitled to suspend its Services until the Partner still meets its obligations, without prejudice to ErasmusTalent’s right to claim. to the compensation for (delay) damage, interest and costs. In such a case, ErasmusTalent cannot be held to deadlines included in the agreement or otherwise discussed between the parties.
7.5. All amounts stated in the agreement or otherwise agreed between the parties are immediately due and payable if and as soon as the Partner is declared bankrupt, is granted (provisional) suspension of payment, is declared subject to the debt restructuring scheme, or otherwise loses control over all or part of its assets (for example through seizure). The Partner is obliged to notify ErasmusTalent of such an event without delay.
7.6. In the event of late payment of any amount, the Partner owes interest equal to 1% of the outstanding amount per month, whereby part of a month is equated with a whole month.
7.7. Furthermore, the Partner owes ErasmusTalent the extrajudicial costs, which amount to 15% of the outstanding amount, with a minimum of EUR 750.
7.8. Payment will first be deducted from the costs, then from the interest due and then from the principal sum.


8. INTELLECTUAL PROPERTY
8.1. The Partner remains the owner of the intellectual property rights to its materials and grants ErasmusTalent a non-exclusive, worldwide license free of charge to use the materials on its Website in the context of the Services provided by ErasmusTalent at the request of the Partner.
8.2. The Partner is responsible for obtaining prior permission from the copyright holders of the texts, slogans, photos and graphic elements appearing on the material. With regard to the photos, the Partner is also deemed to have obtained permission for publication from any persons photographed. The Partner indemnifies ErasmusTalent against claims from third parties due to the possible violation of their rights. ErasmusTalent may use the published material in its communications.
8.3. The Partner expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the Services and/or the Website, other than the material supplied by the Partner, belong to ErasmusTalent, its suppliers or other rights holders with whom ErasmusTalent concluded a user agreement, license or transfer.
8.4. The Partner is prohibited from using and/or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written permission of ErasmusTalent.


9. WARRANTIES & LIABILITY
9.1. ErasmusTalent will exercise the utmost care when performing the agreed Services. However, ErasmusTalent does not under any circumstances guarantee the suitability of the Services provided by ErasmusTalent for the purpose and use intended by the Partner.
9.2. ErasmusTalent is not liable for shortcomings in the performance of the Services, except for intent or gross negligence on the part of ErasmusTalent. ErasmusTalent’s liability is at all times limited to the direct material damage suffered by the Partner himself as a result of the defect. ErasmusTalent is therefore expressly not liable for (i) other (consequential) damage and financial damage, in any form whatsoever, including but not limited to consequential damage, business damage, loss of turnover or profit, damage due to delays and depreciation or loss of value, and/or ( ii) (property or injury) damage that occurs to (goods of) third parties, even if those third parties have been deployed by or on behalf of the Partner. The Partner indemnifies ErasmusTalent against claims from third parties on any grounds whatsoever.
9.3. The extent of the compensation to be paid by ErasmusTalent is limited to the amount of the price stated in the agreement.
9.4. Any claim for compensation expires one year after the start of the day following the day on which the damage occurred.


10. FORCE MAJEUR
10.1. In the event of force majeure, ErasmusTalent is not obliged to fulfill its obligations towards the Partner. ErasmusTalent is entitled to suspend its obligations for the duration of the force majeure.
10.2. Force majeure means any circumstance beyond its control that prevents the fulfillment of its obligations towards the Customer in whole or in part. These circumstances include strikes, lock-out, labor disputes, fire, business disruptions, energy disruptions, disruptions in a (telecommunications) network or connection or communication systems used and/or the Website being unavailable at any time, not or not at all. – timely delivery from suppliers or other third parties engaged and the absence of any permit to be obtained from the government.
10.3. In the event of force majeure, ErasmusTalent has the choice to (i) extend any agreed term(s) by the duration of the force majeure, (ii) or terminate the agreement, without being obliged in any way to compensate the Partner for possible damage. in any form. In such a case, ErasmusTalent cannot be held to deadlines included in the agreement or otherwise discussed between the parties.


11. CONDITIONS APPLICABLE TO PUBLICATIONS ON THE WEBSITE
11.1. ErasmusTalent is the owner of all databases (vacancies, registrants, CVs, articles, etc.) accessible via or available on its Website. Regardless of whether these databases meet the applicable conditions for (data) protection, any complete retrieval or systematic partial retrieval of data from these databases is subject to obtaining the prior written consent of ErasmusTalent.
11.2. Under the agreement concluded between ErasmusTalent and the Partner, the Partner has unlimited access to the Website and the databases contained therein. To this end, the Partner receives a username and password from ErasmusTalent. ErasmusTalent is not responsible for its loss or disclosure and any resulting damage.
11.3. The CV database contains CVs of candidates, which are entered and managed by the candidates themselves. The Partner can look up CVs, save CVs in files and initiate communication with candidates. The Partner must at all times respect the following rules when using the CV database:
• The wishes expressed by the candidates regarding the way in which they can be contacted must be respected.
• When candidates are contacted, it should be stated that their CV was found on the Website.
• If candidate data or the CV of candidates are included in a file/classification/database of the Partner, the candidate must be informed of this in accordance with the applicable regulations. ErasmusTalent is not responsible for the processing and handling of the data by the Partner.
11.4. Customers must respect the language preferences of surfers and registered users when posting vacancies online and sending messages.
11.5. Material to be published must be supplied to ErasmusTalent in accordance with the applicable (technical) specifications. These specifications are available online at all times. If material does not meet these specifications, this may lead to material not being published (bringing it online) or the costs for adapting or reworking this material may be recovered from the Partner. Material must reach ErasmusTalent within the applicable deadlines. Delivering material too late will result in postponement or abandonment of publication.


12. SUSPENSION, DISSOLUTION AND TERMINATION OF THE AGREEMENT
12.1. ErasmusTalent is entitled to suspend its Services if and as soon as the Partner fails to fulfill its obligations under the agreement, these General Terms and Conditions or the Terms of Use, or if there is a well-founded fear of this or if compliance with the agreement on the part of ErasmusTalent is reasonable. cannot be required due to late delivery of material, as well as in the cases referred to in article 7.5 of these conditions. In all these cases, ErasmusTalent is also entitled to terminate the agreement. With regard to the suspension or dissolution, ErasmusTalent is not obliged to pay any form of compensation.
12.2 In the event of suspension, the Partner is obliged to reimburse the costs and/or damage suffered by ErasmusTalent as a result. In the event of dissolution, the Partner is obliged to pay the full compensation as included in the agreement, which, if not yet the case, becomes immediately due and payable as a result of the dissolution, without prejudice to ErasmusTalent’s right to compensation.
12.3 An agreement concluded between ErasmusTalent and the Partner can be terminated by the Partner at the end of the term of the agreement, subject to a notice period of one month. The Partner is also permitted to terminate the agreement prematurely, i.e. before the end of its term, although this under no circumstances gives the right to a refund of (part of) the compensation due.


13. APPLICABLE LAW AND JURISDICTION
13.1. All offers and agreements are exclusively governed by Dutch law.
13.2. All disputes related to or arising from offers from ErasmusTalent, or agreements concluded with it, will be submitted to the District Court in The Hague.


14. FINAL PROVISIONS
14.1. No failure or negligence of either party to enforce or comply with any term or condition of this Agreement shall constitute a waiver of such term or condition.
14.2. If any provision of these Terms and Conditions shall be unlawful, void, or for any other reason unenforceable, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These General Terms and Conditions constitute the entire agreement between the Partner and ErasmusTalent with regard to the subject matter contained therein.