GENERAL TERMS AND CONDITIONS
of the private company JobBoost.io B.V. (hereinafter jointly referred to as: “JobBoost”), having their registered office at Concordiastraat 12, 4811NA, Breda, The Netherlands.
Last update: 21-7-2016
These Terms and Conditions consists out of 3 modules:
- ICT~Office (2009) General Module
- ICT~Office (2009) Module 4 - Application service provision, software as a service and computer service
- JobBoost additional Terms and Conditions
JobBoost additional Terms and Conditions
These additional Terms and Conditions prevail above the ICT~Office General Module and Module 4.
Article 01 - Payment, Media budget & Refunds
JobBoost works with pre-payment for your media budget that you would like to spend with the JobBoost tool. Pre-payment can be done by invoice, creditcard, online payment with e.g. Pay-pal. Media budget will be added to Clients’ account. Only if Clients’ account has media budget, campaigns or job advertisements can be served through the connected platforms.
If Client chooses to use the automated collection, Client grands JobBoost permission on charging Clients’ bankaccount for the amount chosen.
Media budget is available in Clients’ account for a maximum of 12 months. Afterwards the remaining media budget will be allocated to JobBoost. When Client adds a minimum of euro 50,- into Clients account before the end of the 12 months, Clients’ total remaining media budget will be valid for another 12 months.
Client gives JobBoost an irrevocable permission to manage clients’ media budget and purchase advertisements for client under name of JobBoost as a media agency.
The basic JobBoost tool is free of charge. The premium version of the tool has a subscription fee (see website). In both versions JobBoost will charge Client an additional % (see website) on Clients’ media budget deposited into Clients’ account. This charge is added to the amount of media budget Client would like to deposit. This charge is non-refundable.
It is possible to request a refund on the media budget that is remaining in Clients’ account. Therefore the Client fills in the refund form (available on request through support). JobBoost wil charge Client a euro 50,- refund administration fee (which will be deducted from the remaining media budget or if there is not enough media budget in Clients’ account by invoice). JobBoost will refund the remaining media budget on Clients’ bank account within two months. Attention: The paid subscription fees (or still to be paid) and the % charge on Clients’ media budget is non-refundable.
Article 02 - Budget Stopping Distance and remaining media budget
- JobBoost offers Client the option to add a maximum budget per campaign or job advertisement. Because JobBoost is dependent on the various suppliers on how fast they amment our changes it might be possible that the media budget spend will be less or more than the set maximum amount. We call this stopping distance. JobBoost tries to be as accurate as possible but can not guarentee that the media budget will be exactly spend at the set maximum.
- If the spended mediabudget is less than the set maximum amount, the remaining amount will be put back in Clients’ account for later use.
- If the spended mediabudget is more than the set maximum amount, the overspend amount will be taken from Clients’ account. If there is not enough media budget in Clients’ account we will credit Clients’ account the next time Client adds new media budget
Article 03 - Liablity
- JobBoost is not liable for the performance of her Wub-e optimalisation algorithm. Client is able to disable wub-e at any time and change his/her own settings for optimalisation.
- JobBoost is not liable for the performance of the media channels that are used by the JobBoost tool.
- JobBoost is liable for damage as a result of any non-performance, incorrect or partially incorrect performance of the order only if and in so far as this is the direct result of gross negligence on the part of JobBoost. JobBoost's liability for damage caused by disruptions in the electronic provision of services by JobBoost, supplier and by third parties, such as providers, network operators or other telecommunication networks is therefore excluded. All further or other liability for incorrect performance or other non-performance or other failures by JobBoost, or for consequential damage and other damage suffered by the Client, suppliers or third parties, on any ground whatsoever, is expressly excluded.
- In any event, JobBoost is not liable for:
a. indirect damage, including but not limited to: operational damage, consequential damage or damage due to delays suffered by the Client, due to any cause whatsoever. The Client must take out insurance for such damage where necessary;
b. damage caused by any act or omission by the Client or third parties contrary to instructions issued by JobBoost or contrary to the order and the terms and conditions;
damage caused by any act and/or omission by third parties, including agents engaged by JobBoost.
- Any liability on the part of JobBoost for direct damage is limited to the amount that the Client owes or owed to JobBoost in the three months preceding the damaging event by virtue of the services provided by JobBoost pursuant to the agreement. In addition, JobBoosts’ total liability for damages is limited at all times to the amount that the insurer is willing to pay out in the relevant case.
a. The Client is obliged to indemnify JobBoost and hold it harmless from and against all claims against JobBoost for damages from third parties with regard to the performance of the agreement, unless intent or gross negligence on the part of JobBoost is involved. The Client is also obliged to indemnify JobBoost and hold it harmless from and against all claims from third parties that are related to or ensue from the Client's use of the services provided by JobBoost.
b. Any JobBoost employees held liable may invoke the provisions of this article as if they were a party to the agreement between JobBoost and the Client.
Article 04 - Data & Statistics
- Client gives JobBoost irrevocable permission for unlimited time of gathered data through the JobBoost tool. JobBoost is free to use this data to her discretion. Most of the data will be used to optimise the Wub-e algorithm, to run reports or to use the data for research. JobBoost is free to sell this data to third parties. JobBoost will not use the Client name in any of the data without written permission of the Client.
- For calculation and reporting of spend media budget on suppliers platforms, JobBoost is dependent on the statistics that the suppliers provide JobBoost. As frequent as possible JobBoost will process these statistics for Client and will calculate remaining media budget in Clients’ account. Statistics of the supplier are the leading statistics. Calculated prices are therefore the average prices.
- For Wub-e to optimise Clients’ campaigns or job advertisements client grands JobBoost to do A-B testing.
Article 05 - Transfer of rights and obligations
- The Client may not transfer its rights and/or obligations ensuing from any agreement with JobBoost to third parties or have them serve as security regarding claims by third parties, without prior written consent from JobBoost.
Article 06 - Applicable law, competent court
- These Terms and Conditions and all legal relationships between JobBoost and the Client are governed by the law of the Netherlands. The Vienna Sales Convention expressly does not apply.
- In so far as the law does not imperatively prescribes otherwise, only the Breda District Court will be competent at first instance to examine any disputes arising with regard to any agreement or the performance of any agreement between JobBoost and the Client, as well as disputes regarding these Terms and Conditions and all provisions thereof, including for obtaining provisional relief.
Article 07 - Dutch text prevails
- In the event of a conflict between a translation and the Dutch version of these Terms and Conditions, the Dutch version prevails.