1. Application area

  1. These general terms and conditions (hereinafter the "Terms and Conditions”) Of Joboxx (Joboxx Recruitment Technologies NV, with registered office in 9000 Ghent, Dok Noord 4D and company number 0689.939.323, hereinafter“Joboxx") Apply to all users of the Joboxx Platform (as defined below), and to any use of that Platform and / or its Website (as defined below), both by professional users and by individuals, both by employers who posting a vacancy or advertisement as by job applicants. These General Terms and Conditions also apply to (i) each agreement or transaction entered into, (ii) each service provided and (iii) each performance billed by Joboxx.
  2. Any reference to or application of any other general terms and conditions than these General Terms and Conditions is explicitly rejected, unless these are expressly acknowledged or accepted by Joboxx in writing. Any deviation from these General Terms and Conditions, in whatever form or sense, requires the express and written acceptance by Joboxx.
  3. Joboxx reserves the right to change these Terms and Conditions. The new version of the General Terms and Conditions shall apply from the day on which they are placed online, for each Service and all Additional Services as of that date, and for any use made from that date of the Platform and / or the Website of Joboxx is made.

2. Services

2.1 Standard service

Joboxx provides a standard service (hereinafter the "Shift"), Which exists on its website https://www.joboxx.com (hereinafter the "Website") Provide a platform that embraces the entire process of recruitment and combines the data of employers with a vacancy or offer with the data of applicants (hereinafter referred to as the"Platform"). Any person, organization or legal entity that uses the Platform to enter data or obtain data is considered "User".

The Service includes: unlimited placing of advertisements, managing job pools, unlimited receipt of applications, the ability to communicate and send (automatic) e-mails, matching candidates with employers, creating reserve pools of candidates.

By invoking the Service of Joboxx, the User accepts the content and the application of these General Terms and Conditions.

2.2 Additional services

If desired and explicitly agreed, Joboxx can provide additional services for payment (hereinafter the "Additional Services").
This additional service may include the following tasks:

  • advice on the use of channels to recruit and advertise vacancies,
  • advice on the optimal use of resources,
  • the use of a Joboxx app,
  • performing assessments,
  • employer branding,
  • other services such as further concrete agreement.

2.3 Third Party Services

Users can access via the Platform services provided by third parties ("Third Parties" - regardless of whether or not they are also Users), eg social media, agencies, paying websites, freelancers (hereinafter "Third party services").

The provision of such services expires outside Joboxx, and may or may not be paid in accordance with the usual rules and conditions of the provider of the relevant service. Joboxx does not take on any role of mediation, negotiation, brokerage, commission agent or any other capacity of intermediary, and receives no commission or other compensation for this.

Joboxx remains completely extraneous to any contractual or extra contractual relationship that could thus arise between a User and a Third Party, even if the Platform is used in any way whatsoever. Joboxx therefore does not intervene in any discussion or dispute between a User and a Third Party and does not bear any liability in that respect.

2.4. Registration as a User

a) Any person who wishes to gain access to the Platform must register as a User on the Website. To this end, the person concerned must enter his / her personal details and / or company details on the registration form on the Website. The registration form must be filled in completely and truthfully. The account associated with any incomplete or incorrect registration can be closed unilaterally, immediately, definitively and without prior notice by Joboxx. Joboxx is not liable for any loss of data, nor for any other damage that may ensue.

b) The use of someone else's identity is not permitted. The use of more than one (1) user name is not permitted.
The use of proxies and temporary e-mail addresses is not allowed.

c) Upon registration, the User must agree to the Terms of Use, the Privacy Policy and the Cookie Policy of the Website by checking or clicking the appropriate box. Without such explicit confirmation the registration can not be completed.

d) Joboxx reserves the right to refuse or cancel a registration. The registration can be refused, but not exclusively, for the following reasons:

  • The User does not provide the requested data for identification, or provides incorrect or incomplete data;
  • The User does not observe any obligation set out in the Terms of Use or in the Privacy Policy, or Joboxx has reasons on the basis of which it reasonably assumes that the User will not or will not fulfill such an obligation;
  • Any other reason on the basis of which Joboxx can reasonably conclude that the registration can not be accepted or can not be retained.

e) The User can cancel his / her registration by means of a written notice to Joboxx or by filling in the appropriate form on the Website for the termination of the registration. As a result, the User loses the right to have access to the Platform and to use the Platform.

Joboxx undertakes to use all reasonable efforts to give effect to the notice or request for termination of the registration as soon as possible after receipt.

2.5. Relationship between Joboxx and User

The contractual relationship between Joboxx and the User is that of the provision of a service, the lease-rental of work, with the proviso that the provision of the Service is free of any compensation.

If a legal relationship arises between two or more Users, eg by exchanging information, or a contractual relationship arises, for example by concluding an employment contract or agreement of independent services, Joboxx is in no way a party to that legal relationship or agreement. Joboxx is also in no way active between the two in the formation of such a legal relationship or contractual relationship. Joboxx only makes available the Platform on the basis of which the parties involved can find each other and exchange information or data.

In no way will Joboxx and a User establish an employment or comparable relationship whereby Joboxx could be regarded as the employer or client of the User, or vice versa whereby Joboxx could be considered as the employee or agent of the User.

Joboxx also does not act as employment broker, interim office, temporary employment agency or recruitment and selection agency.

3. Reimbursement of services and payments

3.1. Unless explicitly stated otherwise, the Service provided by Joboxx is completely free of charge and the User does not have to pay anything.

3.2. Additional Services or Third Party Services are usually delivered against payment, for example enabling recruiters or posting advertisements on payment sites. The fee that the User has to pay for Additional Services appears in a clear overview on his / her screen and the User is explicitly requested to confirm and pay for the purchase. By bundling the purchases, the User will usually pay less than if he or she would place the same order directly.

3.3. The relevant fees and / or the invoices sent by Joboxx are payable immediately and in cash at Joboxx's address and bank account.

All complaints concerning invoices must be received by Joboxx within ten (10) calendar days after the invoice date by motivated registered letter. After this period every complaint is inadmissible.

The amount of VAT and any additional costs are always stated for all fees and costs. Quotations or commercial proposals for paying services of Joboxx are valid for thirty (30) calendar days after the date of the offer or proposal, unless explicitly stated otherwise.

If, during the performance of the assignment, at the request of the Customer, the object of the performance would be changed or additional work is requested, the original price will be increased in accordance with the extra requested work.

3.4. If the User fails to pay, or fails to pay in time,

  • the User will immediately owe a default interest of 10% without any notice of default;
  • Joboxx has the right, after notice of default which has remained unanswered for 7 days, to terminate the Agreement, with immediate effect and with application of a termination fee of 10% of the amount due for the ordered Additional Service (s);
  • Joboxx shall be entitled to compensation for the entire damage suffered by it, including any collection costs and court costs.

3.5. Third Party Services that are performed for remuneration are handled directly between the User and the service provider and paid directly to the service provider by the User. Joboxx accepts no liability in that respect, nor for the delivery of the relevant Third Party Services, nor for the payment of the fee due or any other aspect of the legal relationship between the User and the Third Party.

4. Guarantees and liabilities

4.1. Unless expressly stated otherwise, Joboxx assumes an effort or obligation of means. Joboxx undertakes to make every effort that may reasonably be expected of it, in order to achieve the legitimate objectives and expectations of the User.

Joboxx does not guarantee that the User will achieve the intended result, eg that the recruiting employer will find the suitable candidate, or that the applicant candidate will be offered a job.

4.2. Joboxx does guarantee that the Platform will function properly, and that it will, in particular, make all efforts reasonably expected of it, in order to ensure that the Platform is available to the Users as much as possible and as as few obstacles, interruptions or restrictions as possible for the Users.

Joboxx guarantees that it uses software, programs, servers and other products up to date and state of the art and that, by reasonable standards, it ensures that all components are properly maintained, updated in time and, if necessary, renewed.

4.3. The User agrees to only use correct, truthful data, to mention or to enter on the Platform. Each User is responsible for the accuracy and fairness of the information provided by him or her, and is aware that one or more other Users will (be able to) rely on the accuracy and fairness of his or her data.

Joboxx is in no way liable for the content of the communications and / or data that the User places or provides via the Platform. Joboxx can therefore in no way be held liable for the act or omission of a User. In addition, Joboxx can not be held responsible in any way for any estimation error regarding (i) the references and the special qualifications, abilities, personality and experience of a User, (ii) the various legal and medical requirements that a User must meet in order to perform a certain function, or (iii) any other consequence that arises because a User has used or provided incorrect or incorrect information.

4.4. To the extent permitted by applicable law, Joboxx is in no way liable for special damages, incidental damages, indirect damage, economic or consequential damages or loss, including loss of profit, reputational damage, loss of turnover or contracts or loss of business opportunities suffered by a User in connection with the use of the Platform or the provision of the Service.

4.5. Insofar as permitted under applicable law, the total liability of Joboxx arising from its relations with each User is expressly limited to the compensation that the User has actually paid for the services of Joboxx. In the absence of effective compensation, Joboxx's liability is limited to a maximum of five hundred euros (EUR 500.00). This liability limitation does not matter whether the act or omission is attributable to Joboxx, its employees or its subcontractors. Nor is it relevant whether it concerns contractual liability, liability from tort or strict liability. The limitation of liability applies to the totality of all liability of Joboxx to a certain User, and per claim or coherent set of claims.

4.6. The User acting in a professional capacity undertakes to take out sufficient insurance to compensate, where applicable, Joboxx, its representatives, employees, partners, subcontractors and / or other third parties for any damage, complaint or claim arising from or relating to has caused the relationship between the User (or another User) and Joboxx or between two or more Users and by the User.

This insurance must also cover within a reasonable limit any fees and court costs (including legal expenses) that are due.

5. Confidentiality

5.1. Each party undertakes to observe the confidentiality of all information received in the context of the cooperation of the other party, which it may suspect to be of a confidential or sensitive nature.

5.2. Joboxx undertakes to pass on the confidential data of its Users to other Users only, or to grant access to such data by means of the Platform only, with the explicit or implicit but certain permission of the User concerned.

5.3. Each User acknowledges and explicitly confirms that he / she is obliged to treat the data of another User that is made available to him / her via the Platform confidentially and not to pass it on to third parties.

In the event of infringement of this article by the User, it will be due a flat-rate compensation to Joboxx of twenty thousand euros (€ 20,000.00) per infringement. This provision is without prejudice to Joboxx's right to higher compensation if it proves to have suffered a greater loss or to the right of other Users to claim compensation.

6. Data protection - privacy (reference)

Joboxx is responsible for compliance with regulations on the protection of personal data.

She has a "Privacy Policy"Prepared, which here is included and is an integral part of these General Terms and Conditions.

By clicking on the Website for approval of these General Terms and Conditions and in particular for agreeing to the Privacy Policy, the User gives permission for the processing of his / her personal data for the purposes specified in the Privacy Policy. The User grants permission in the same manner for the transfer of his / her personal data to one or more (well-defined) other Users of the Platform, as specifically indicated on the Platform.

The User is aware that the recipient will also process his / her personal data, that he / she is entitled to an equivalent protection of that personal data, but that this is a matter for the User and the recipient of the personal data (which also a User). By using the Platform and receiving personal data from other Users, the recipient of the personal data guarantees the applicable legislation with regard to the protection of personal data.

7. Terms of use (reference)

The access to and use of the Platform and the Joboxx Website are subject to compliance with a set of conditions (hereinafter referred to as "theTerms of use").

Joboxx has drawn up regulations for this, that here is included and is an integral part of these General Terms and Conditions.

In any event, the Platform and / or the Website may never be used for commercial purposes, neither by Users nor by any other person, except with the express written permission of Joboxx.

If a User does not comply with the Terms of Use, Joboxx can immediately stop his / her registration as User, remove his / her profile, deny access to the Platform and the Website and take any other measures that Joboxx deems necessary or useful in that connection. .

8. Intellectual property and license

8.1. Unless expressly agreed otherwise in writing, all intellectual property rights in the broadest sense in relation to the Platform, the website on which the Platform is offered and all creations and works connected thereto or for that purpose are exclusively vested in Joboxx, regardless of whether Joboxx is protected for this purpose. has intended and / or acquired and / or can obtain.

8.2. The User acknowledges and explicitly confirms that all intellectual property rights remain the exclusive property of Joboxx and that he / she can not claim a full or partial transfer thereof to the User.

8.3. The User obtains (temporarily) a temporary, revocable and non-transferable license that gives him / her the right to access and use the Platform and the Website of Joboxx. This license is limited to access and use and does not entitle the User to appropriate, copy, transmit, modify or dissect the intellectual property rights of Joboxx, nor to change anything at all. the Platform or the Website or the intellectual property designations of Joboxx. The User must refrain from any action that affects the reputation of Joboxx or its intellectual property or can cause damage.

8.4. In addition, all intellectual property must be regarded as confidential information and treated in accordance with the provisions of Article 5.

9. Term

These General Terms and Conditions continue to apply to the relationship between Joboxx and the User, from the first use of the Platform by the relevant User and as long as the latter is registered as User and has not definitively signed out or deregistered.

10. Non-resignation

10.1. The User is not allowed to recruit an employee of Joboxx during the duration of the provision of the Service or one or more Additional Services as stipulated in these General Terms and Conditions, or for an attempt to do so for twelve (12) months after the termination thereof. to undertake, be it directly or indirectly.

10.2. In the event of an infringement of this article by the User, this fee is owed to Joboxx for each employee concerned for a lump sum compensation of twenty-five thousand euros (€ 25,000.00). This provision is without prejudice to Joboxx's right to higher compensation if it proves to have suffered greater damage.

11. Compliance with legislation

11.1. Joboxx acts in accordance with all legal regulations, including where applicable the provisions for mediation activities on the labor market, and respects the applicable codes of conduct.

11.2. The User must comply with all relevant legal provisions. He may use the Platform only for lawful and legitimate purposes, and subject to compliance with all applicable rules, in particular (but not exclusively) the prohibition of discrimination and the rules relating to the protection of personal data (GDPR).

12. General provisions

12.1. Entire and exclusive agreement

These General Terms and Conditions constitute the entire agreement between Joboxx and the User with regard to the subject of these General Terms and Conditions and in particular the Service and the Additional Services.

These General Terms and Conditions replace all prior agreements, arrangements and agreements, oral or written, that have been concluded between Joboxx and the User with regard to the subject of these General Terms and Conditions and in particular the Service and the Additional Services.

Any deviation or supplement to these General Terms and Conditions must be agreed explicitly and in writing between the User and Joboxx and will only apply between the User and Joboxx involved.

12.2. Invalidity or unenforceability

If one of these provisions in the Terms and Conditions is void, invalid or unenforceable, this shall not affect the validity and enforceability of (the other provisions of) the General Terms and Conditions. The provision in question is automatically reduced to the maximum permissible level under the relevant mandatory statutory provisions.

12.3. Renunciation

If a party has not invoked a particular right or has not exercised a right temporarily, this does not count as a waiver of that right by this party. The distance of a right must always be agreed in writing and explicitly.

12.4. Breaches. Damage clause

If a User commits a serious infringement of these General Terms and Conditions and therefore of the contractual conditions between Joboxx and the User, including the legal obligations resting on the User:

  • if the User has not rectified or rectified this infringement within 10 days after being declared in default by Joboxx, the Agreement will be dissolved by operation of law, with immediate effect and with application of a termination fee of 10% of the amount owed by the User , with a minimum of ten thousand euros (EUR 10,000.00);
  • the User in question irrevocably owes an amount of twenty thousand euros (EUR 20,000.00) by way of fixed compensation, without prejudice to Joboxx's right to claim higher compensation if it proves to have suffered a greater loss;
  • the User will fully indemnify Joboxx and indemnify it for all adverse consequences suffered by Joboxx or for which another User or a third party seeks against Joboxx.

12.5. Applicable law

These Terms and Conditions are governed by Belgian law and must be applied and interpreted in accordance with Belgian law.

12.6. Forum clause

All disputes that arise from or pertain to these General Terms and Conditions, or a contractual or other relationship governed by these General Terms and Conditions, fall under the exclusive jurisdiction of the courts of Ghent, Ghent Department, in so far as these disputes are not amicable between the parties can be arranged.