General Terms of Service - Jobgether

Last update on March 20, 2023
  1. General information
  1. Scope of application

JOBGETHER is a limited liability company (SRL) validly constituted and existing under Belgian law, with its registered office in Belgium at 1180 Uccle (Brussels), avenue du Prince de Ligne, n° 91/box 3, registered with the Crossroads Bank for Enterprises in Belgium under number 0726.964.817, and entered in the Brussels Register of Legal Persons (hereafter referred to as " Jobgether ", " we ", " us " or " our ").

These Terms of Service (hereinafter, the " Terms of Service ") constitute a legally binding agreement between Jobgether and any legal entity wishing to subscribe to our Services (hereinafter, 2.) (hereinafter, the " Client ", " you ", " your " or " yours ") offered via our platform, accessible in Software-as-a-Service (SaaS) mode (the " Platform ").

Jobgether and the Client may hereafter be referred to together as the " Parties " or individually as a " Party ".

  1. Acceptation

Before subscribing to our Services (see below, 3.), we ask you to confirm that you have read and accepted these Terms of Service.

Agreement can be made directly online, when you check the box provided for this purpose when you register on the Platform. It can also take place offline, when you confirm receipt, by return e-mail, of our e-mail containing your login and password, and including the link to these Terms of Service.

This consent is final and unconditional, and extends also to other legal documents made available on the Platform, including our Privacy Policy.

The parties are exclusively bound by the provisions of these Terms of Service. The application of any other conditions is excluded between the Parties.

  1. Modification

We reserve the right to udapte these Terms of Service from time to time. However, if we do so, we will notify you by one of the following means:

  • we will either post the date on which the latest updates were made, which appears at the top of our Terms of Service, accessible via the dedicated tab at the bottom of each page of our website (the " Site ") and Platform,
  • or, we will actively inform you of the updates, for example by sending you an e-mail to the e-mail address you provided when you registered on the Platform or when we contacted you.

Changes are effective immediately, unless otherwise specified. The only version of the Terms of Service that applies is the one that was in effect when you accepted them.

  1. Contact

If you have any questions, comments or complaints regarding these Terms of Service, please contact us by e-mail at {email} or send us a letter to the postal address given above. We will do our best to reply as soon as possible.

In the event that we need to contact you, we will use the identification details you provided when you registered on the Platform.

  1. Description of Services

The Client is offered various services via our Platform:

  • allow the Client to calculate its flexibility score ('Flex Score'). "Flex Score " is the result of the evaluation, via the Jobgether calculation tool, of the Client's degree of flexibility in comparison with other companies competing in the job market. The Flexibility Score is calculated directly via our Platform (by following this link);
  • allow and facilitate the promotion of the Flex Policy and, consequently, the visibility of the Client to the Talents;>
    " Flex Policy " means the policy implemented by the Customer within itself to ensure maximum flexibility at work, for example in terms of working hours, place of work etc.
    "Talent " means any natural person seeking professional opportunities within a Flex Company.
    "Flexible Company " means any company that has a Flexibility Policy;
  • provide the Client with a company page on which the company's information, the Client's Job Offers, its Flexibility Score and its Flexibility Policy are published.
    Job Offers " means the Customer's job offers published on the Platform with a view to recruiting a Talent.
    Recruitment " means the signing of an employment contract (for a fixed or indefinite period) or an equivalent contract, between the Client and a Talent relating to a Job Offer.
    This company page is also visible to Talents who have a personal account on the Platform. The Client can modify the information on his company page via his personal account on the Platform Terms of Use );
  • allow the promotion of job offers to Talents. Jobgether may offer the Client the possibility of “sponsoring” a job offer on a “Pay per Application” basis, which may be referred to as “CPA” or “Cost Per Application” or similar. Clients may be offered payment per application by default, which may include an option to pay a flat fee for a set number or range of applications (as specified on the site).

The services defined in this section are hereafter collectively referred to as the "Services".

  1. Subscription to Services

The subscription to the Services can be done in two (2) ways. The Client can subscribe to the Services directly online when registering on the Platform. The Client can also subscribe to the Services in an offline environment, after contacting Jobgether.

In all cases, a Plan containing the details of the Subscription formula (below, 4.) as well as the price of the Services (the " Plan ") will be sent to the Client by e-mail to the e-mail address you provided when you registered on the Platform or when we contacted you. The subscription is effective and Jobgether is bound by the Plan as soon as you confirm receipt of our e-mail containing the Plan and our Terms of Service by return e-mail.

The Plan sent to the Client and these Terms of Service constitute the contract between the Parties (the "Contract").

  1. The Subscription Plan

Our Services are available through a subscription.

Under this subscription plan, the customer has:

  • unrestricted access to the Platform for a specific period (monthly or yearly);
  • the possibility, via the Platform, to calculate the Flexibility Score ;
  • increased visibility of the Flexibility Policy and the publication of the Client's Job Offers via the Platform.

The availability of the Services (monthly or yearly) is defined in the Plan.

  1. Financial conditions
  1. Price and price change

The subscription price for the Services is included in the Plan.

Amounts are expressed in Euros (€) and are exclusive of fees and taxes, except where expressly stated otherwise.

Jobgether reserves the right to adjust prices at any time. The Client will be informed of price changes by e-mail at least fifteen (15) days before the new prices come into effect. However, these new prices only apply at the end of the subscription period for the Services or its renewal. If you do not agree with the new prices posted, you are free to terminate your subscription. Otherwise, you are deemed to have irrevocably accepted the new prices posted at the time of renewal of the subscription.

  1. Payment methods

Our Services are invoiced monthly or annually. The billing method is listed in the Plan.

The invoice is sent in electronic format by e-mail to the Client.

All bills are payable by the Client by bank transfer within thirty (30) days from the date of the electronic bill.

  1. Failure to pay or late payment

Should the Client be late in paying an invoice or fail to do so, or should there be any other problem with the payment of an invoice on the due date, the Client shall be liable, by operation of law, without prior notice of default, to pay interest on arrears at the rate of one percent (1%) per month, as well as a flat-rate surcharge of ten percent (10%) of the amount owed, with a minimum of one hundred and fifty euros (EUR 150), in addition to the legal costs. Failure to pay one (1) invoice on the due date shall be offset against the other invoices due, even those not yet due, immediately due or payable by law. The lodging of a complaint shall not result in the suspension of the payment obligations.

  1. Duration and termination

The subscription takes effect on the date specified in the Plan and for the entire subscription period (monthly or annual). At the end of the initial subscription period specified in the Plan, the Contract is tacitly renewed for the same duration as that initially subscribed by the Client. However, the Client may decide at any time not to renew the Contract by going to the dedicated page of his personalized profile on the Platform (the " Personal Space ") before the end of the initial subscription period or the renewal period of the Contract (as the case may be).

Notwithstanding the foregoing, the Contract may be terminated or rescinded by operation of law in the following cases:

  • In case of non-performance by one of the Parties of an obligation under these Terms of Service. In this case, the other Party will have to put the defaulting party in default, by registered letter with acknowledgement of receipt, to comply with its obligations. If the defaulting party fails to comply with this formal notice within thirty (30) calendar days of its receipt, the Contract shall be terminated by operation of law to the exclusive detriment of the defaulting party, without prejudice to the other party's right to claim damages;
  • In the event of bankruptcy, dissolution, liquidation or cessation of activity for any reason other than a financial reason of one of the Parties to the Contract, the other Party may terminate the Contract with immediate effect, as of right and without prior notice, by simple notification.
  1. Non-bypassing

The Client acknowledges that Jobgether has invested considerable time and resources in providing the Platform and its functionality. The Client also acknowledges that Jobgether has facilitated the matching of Talents.

Therefore, the Client is strictly prohibited from using the information provided by Jobgether for any purpose other than Talent Recruitment when using the Platform.

This non-bypassing requirement will be valid during the entire subscription period of the Services as well as for one (1) year from the deletion of the Client's personal account on the Platform (the " Account ").

Should the Client fail to comply with the obligation of non-bypassing, Jobgether reserves the right to suspend the Client's access to the Platform or to delete the Client's Account on the Platform. Jobgether also reserves the right to claim a penalty of fifteen thousand euros (EUR 15,000.-) from the Client concerned, without prejudice to the right to claim a higher amount corresponding to the full compensation for the damage actually suffered.

  1. Non-drafting

The Client waives the right to hire any employee or consultant of Jobgether without our prior written consent.

This obligation shall remain effective during the entire period of subscription to the Services and for a period of one (1) year from the termination of the Contract.

Should the Client fail to comply with this provision, Jobgether reserves the right to claim a penalty from the Client equivalent to the gross remuneration of the employee or consultant who has been dismissed during the three (3) month period preceding the dismissal. The gross remuneration taken into account is that paid by Jobgether during the last twelve (12) months preceding the poaching. The amounts referred to in this paragraph are however without prejudice to any other rights that Jobgether may have, in particular to claim damages for the loss suffered.

  1. Intellectual Property

Unless otherwise provided, nothing in the Agreement shall be construed as assigning or conferring upon Client ownership of any of the applicable intellectual property rights, including but not limited to copyright (including moral rights, to the extent permitted by applicable law), computer software protection (including source code), sui generis database rights, trade mark rights, domain names and trade names (whether or not registered), and all other similar rights.

  1. Protection of personal data

We process and store the personal data we collect under the Contract:

  • in compliance with the laws and regulations in force, applicable to the processing of personal data and regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and the Belgian law of 30 July 2018 on the protection of individuals regarding the processing of personal data, and
  • in accordance with our Privacy Policy.

The term « personal data » has the same meaning as given therein in Article 4, 1) of the GDPR.

In the course of providing the Services to the Client, Jobgether does not process any personal data other than the contact data of the Client and its staff. At no time does Jobgether access or process any personal data held by the Client, in particular during the integration of the Client's tools into the Platform.

  1. Privacy Policy

Under these Terms of Service, " Confidential Information " means :

  • all information of a technical, strategic, commercial or financial nature (non-exhaustive list), including all documents, exchanges of correspondence (including electronic), information, data and, more generally, all other information provided by a Party (the " Disclosing Party ") to the other (the " Receiving Party "), in any manner and on any medium, and which is marked confidential or which the Receiving Party may reasonably suspect is being communicated in confidence;
  • for information provided orally, that the Disclosing Party has informed the Receiving Party, at the time of the communication, that such information is provided in confidence;
  • and any copies of the above.

Without prejudice to a confidentiality agreement between the Parties, the Receiving Party undertakes to :

  • keeping secret and confidential all Confidential Information transmitted directly or indirectly by the Disclosing Party, and to respect the rights of the Disclosing Party in this regard;
  • use such Confidential Information solely for the purpose of performing the Contract;
  • Perform, at a minimum, the same degree of care with respect to Confidential Information provided by the Disclosing Party as it would apply to the handling of its own Confidential Information;
  • to disclose Confidential Information only to its employees or consultants, and only in a reasonable manner as required to perform the Contract ('need-to-know' basis). Such employees and consultants shall be bound by confidentiality and non-use undertakings at least as restrictive as those referred to in this provision, and shall have been made aware of the strictly confidential nature of the Confidential Information provided or made available by the Disclosing Party;
  • Implement appropriate procedures to ensure the protection of Confidential Information;

The obligations set forth in this section shall not apply to Confidential Information that the Receiving Party can reasonably demonstrate, in writing, that:

  • were in the possession and control of the Disclosing Party before they were disclosed to it by the Disclosing Party; or
  • was disclosed to it by a third party acting in good faith and who was not bound, directly or indirectly, by an obligation of confidentiality to the Disclosing Party; or
  • were or have become generally available to the public without reference to any failure by the Receiving Party to comply with their obligations under this section;
  • shall be disclosed to the courts of any jurisdiction or authority having jurisdiction, or as otherwise required by law, provided that the Receiving Party makes prior notification to the Disclosing Party to assess the need for and manner of producing the required information.

The Parties acknowledge that a breach by either Party of their obligations under this provision would cause irreparable harm to the other Party, notwithstanding any monetary compensation that may be awarded to the latter. In the event of a breach by either Party of its obligations under this provision, that Party shall automatically be liable for a lump sum penalty of five thousand euros (EUR 5,000) per breach, without prejudice to the right of the other Party to claim a higher amount corresponding to the compensation for the damage actually suffered, and without prejudice to any other remedy that it may have, in particular the bringing of an action for compensation for its damage

Receiving Party's obligations under this provision are intended to survive for the duration of the subscription period for the Services.

  1. Warranties and Limitation of Liability

Jobgether is obliged to provide quality Services to the Client. However, Jobgether does not guarantee the suitability of the Services for the Client's specific needs.

The Client acknowledges that the Services offer an additional, non-alternative solution to Recruitment and that the Services are not a substitute for any other means the Client may have to achieve the same objective.

Client warrants that it is authorized to share the personal data it provides to Jobgether in connection with the Services.

Jobgether acts solely as an intermediary to facilitate contact between the Client and the Talent. The eventual recruitment of a Talent by the Client via the Platform creates a contract exclusively between the Client and the Talent in question, to which Jobgether is not or does not become a party.

Jobgether shall not be liable for any indirect, uncertain, consequential, immaterial or unproven damages, or incidental damages, including, without limitation, commercial loss, loss of business, loss of profit or loss of reputation arising out of or in connection with the use of the Platform or any provision of these Terms of Service.

Under no circumstances will Jobgether's total maximum liability under the Contract be limited to the amounts paid by the Client in the twelve (12) months prior to the occurrence of the last damaging event, unless otherwise provided by mandatory legal provisions.

Nothing in these Terms of Service, however, shall exclude or limit in any way the liability of either Party for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited by agreement.

  1. Indemnification

The Client agrees, to the extent permitted by applicable law, to indemnify, hold harmless and defend Jobgether from and against any and all claims, losses, costs, liabilities or damages relating to or arising from the breach of any of the provisions of these Terms of Service and, more generally, the breach of any laws and regulations that may apply as a result of the application of these Terms of Service.

  1. Force majeure

Neither Party shall be held liable or be deemed to have failed to perform its obligations under the Agreement in the event that a delay or failure to perform its rights and obligations under the Agreement is attributable to circumstances beyond the control of the Parties and disrupting the normal course of business, including, but not limited to, an order issued by the authorities, a mobilization, war, epidemic or pandemic, lock-out, strike, demonstration, technical defects in the transmission of communications, failure of the host, flood, explosion, change in the global economic circumstances, act of vandalism, or exceptional weather circumstances, without the Party invoking such circumstances having to demonstrate their unforeseeable nature (hereinafter, " Force Majeure" ).

The Party claiming Force Majeure shall promptly inform the other Party in writing and shall take all reasonable measures to overcome the temporary situation resulting from the Force Majeure.

In this case, either Party may suspend the performance of its rights and obligations under the Contract for the time necessary to overcome this temporary situation, or terminate the Contract if the Force Majeure situation persists for more than sixty (60) days, without any compensation being due.

  1. Transfer

Jobgether reserves the right to assign, delegate or transfer the Contract and the rights and obligations under these Terms of Service to any individual, entity or company. You may not assign, delegate or transfer all or any part of the Contract or the rights or obligations under these Terms of Service to any third party in any manner whatsoever without Jobgether's prior written consent.

  1. Miscellaneous Provisions

The Contract, together with any supplementary legal documents, including the Privacy Policy, constitute the entire agreement between Jobgether and the Customer with respect to the subject matter hereof and supersede all prior agreements between the Parties with respect to the Services.

These Terms of Service may be supplemented by specific additional terms. In this case, these conditions shall form an integral part of these Terms of Service.

Jobgethers failure to enforce or take any action against the Client for breach of any provision of these Terms of Service shall not be deemed a waiver of its right to enforce or take any action for any subsequent breach of such provision by the Client.

The invalidity of any provision contained in the various sections of these Terms of Service shall not affect the binding nature of the remaining provisions of our Terms of Service. The Parties agree that any provision deemed invalid and/or unenforceable by a competent judicial or administrative authority shall be replaced by a conforming provision that comes as close as possible to the provision deemed invalid and/or unenforceable and that has equivalent economic effect.

In the event of any inconsistency or dispute regarding the interpretation of any term or provision contained in any translation (in one or more languages) of these Terms of Service, the French version of the Terms of Service shall prevail.

  1. Applicable law and jurisdiction

These Terms of Service shall be exclusively governed by and construed in accordance with Belgian law.

Any dispute relating to these Terms of Service, including but not limited to their validity, interpretation or performance, and more generally, any dispute between the Parties, shall be submitted to the exclusive jurisdiction of the courts of Brussels, unless mandatory legal provisions or public policy provide otherwise.

Before taking legal action, the Parties shall take all reasonable steps to reach an amicable solution to the dispute between them.