This document sets out the terms and conditions (‘Terms’) on which Jobtoolz BV, a private limited liability company incorporated and existing under the laws of Belgium, with registered seat in Belgium, 8500 Kortrijk, Engelse Wandeling 2 K8V, registered in the crossroads bank of enterprises with company number 0507.743.629 (‘Jobtoolz’), provides its subscribers (‘Subscriber’) with access to an applicant tracking system (‘Platform’) through the www.jobtoolz.com (‘Site’). Jobtoolz can be contacted on +32 56 140 388 and fvia hallo@jobtoolz.be

Thank you for reading these Terms very carefully before using the Site and our services. You warrant and represent that you have full capacity and authority to enter into these Terms on behalf of the Subscriber.

If you do not agree with these Terms, you will not be able to use the Site and/or our services.
Please note that by using the Site and/or any of our services, you agree to be bound by these Terms.

General

1. Both the Platform and the Site are owned by Jobtoolz BV, a private limited liability company incorporated and existing under the laws of Belgium, with registered seat in Belgium, 8500 Kortrijk, Engelse Wandeling 2 K8V, registered in the crossroads bank of enterprises with company number 0507.743.629. Jobtoolz can be contacted on +32 56 140 388 and via hallo@jobtoolz.be
2. Access to the Platform is given upon subscription of a license. The Subscriber shall choose which license to subscribe, depending on the number of active vacancies. More information about the different licenses can be found on our Site. After choosing a license the possibility of posting vacancies through the Platform will be limited to the number of vacancies allowed through the license. If you have more vacancies you can upgrade the license. The upgrade will be effective as soon as the payment has been accepted. There will be no refunds when the Subscriber wants to downgrade from time to time because the Subscriber has less vacancies then initially activated. The downgrade starts the day after the expiry date of the initial license.
3. When agreeing to our Terms and subscribing to our Platform, the Subscriber will need to sign up with a valid e- mail address, company name, company address, company phone number and billing information. The data given shall be true and accurate. If the data is not true or accurate, we reserve the right to refuse the Subscriber to activate the account or to suspend or terminate our services at any time, without any refund or compensation for the Subscriber.
4. The Subscriber is responsible for maintaining the security of the account and password to ensure the account cannot be used without the Subscribers permission. Jobtoolz cannot be held liable for any loss or damage due to a hack of the account because the password was not chosen carefully. We advise you to choose a password of at least 8 characters combining letters and numbers and special characters. The password is strictly personal and the Subscriber is fully responsible for the safeguarding. The account may not be shared with or given to third parties. We also strongly advice to activate 2FA. This can be activated in the personal settings.
5. The Platform may not be used for any unauthorized or illegal purpose. The Subscriber is fully responsible for compliance with the laws of their jurisdiction and shall ensure that the use of our Platform will comply with all applicable laws and legislations (in particular, but not limited to, Belgian and European Data protection legislation). The Subscriber shall immediately inform us if he learns of any improper or unauthorised use of the Platform. We reserve the right to immediately suspend or terminate access to the Platform in case of improper or unauthorized use of the Platform by or due to the Subscriber. All direct or indirect costs, expenses and losses (including loss of profit) resulting from any improper or unauthorized use of the Platform by or due to the Subscriber (such as, but not limited to : hacking by the Subscriber, use of worms or virus, etc.) will be fully charged to the Subscriber.
6. Jobtoolz reserves the right to use the Subscriber’s name as a client reference towards third parties. The Subscriber grants Jobtoolz a worldwide, royalty-free license to publish the Subscriber’s name on the Jobtoolz information website.

Support

1. Whenever the Subscriber needs support or help, the support team is available via hallo@jobtoolz.be. We will do everything in our power to respond within 1 business day. While Jobtoolz cannot guarantee to resolve the issue within 1 business day (e.g. for technical issues), Jobtoolz will do everything in its power to resolve the issue within a reasonable time.
2. Jobtoolz will use all reasonable efforts to ensure that the Platform is available at any time. However there can be circumstances when the Platform will be interrupted for updates, maintenance or due to failure (network congestion, telecommunication problems, etc). Jobtoolz will do everything in its power to minimize the downtime. In case of downtime for reasons beyond the control of Jobtoolz, Jobtoolz cannot be held responsible.
3. Jobtoolz reserves the right to update or modify the Platform from time to time, without any approval of the Subscriber. Jobtoolz engages to improve the Platform and update the Platform on a regular basis.

Services

1. The Platform includes the possibility to advertise vacancies on external jobboards or social media. An additional fee can be charged for such services, and will be communicated during the ordering process. Please note that Jobtoolz has no control over the processes used by such third parties. Jobtoolz cannot be held responsible for any delay in the publishing or for rejection of such advertisements, for any or no reason whatsoever. Jobtoolz cannot be held responsible for the results or the lack of results of third parties.

Warranty

1. Jobtoolz warrants that the Platform shall be provided with the reasonable care which would be expected from a trustworthy provider. However, Jobtoolz does not warrant that the Platform will be free of errors, bugs or interruptions. All software contains bugs. As Jobtoolz also relies on third parties (such as, but not limited, hosting provider, telecommunication providers, etc.) Jobtoolz cannot be liable in any way for failures in their service.
2. Except as otherwise provided, Jobtoolz excludes all warranties of merchantability, non-infringement of intellectual property and fitness for a particular purpose.
3. Jobtoolz guarantees that the data given by the applicant, such as personal information and CV, will not be given to third parties. As such the Subscriber is responsible for the data received by the applicant. Jobtoolz will provide a GDPR module which gives the possibility to anonymize or delete the personal details of the applicant after a certain period of time. The Subscriber is responsible to keep data in accordance to the GDPR law.

Limitation of liability

1. Jobtoolz shall not be liable for any loss of profit, loss of revenue, loss of data and loss of reputation resulting from the Platform.
2. Jobtoolz shall not be liable for the content and the effects this content may have on the Subscriber or third parties. The Subscriber accepts full liability for the content of their jobsite, made through the Platform.
3. The Subscriber is responsible for keeping its computer up to date, in particular with respect to the latest security aspects. Jobtoolz shall not be liable for the issues or malfunctioning of the Platform due to any lack thereof by or due to the Subscriber.

Intellectual property rights

1. Jobtoolz owns all intellectual property rights relating to the Platform. Jobtoolz grants the Subscriber a non- exclusive royalty-free license to use the Platform. The Subscriber is not allowed to copy, modify, reproduce the Platform in any way nor to sell any content relying to the Platform.
2. The Subscriber shall indemnify and hold Jobtoolz harmless against all losses, costs and expenses arising from or incurred by reason of any infringement of any intellectual property right by or due to the Subscriber.

Payments

1. Jobtoolz offers a free trial period of 14 days. After the free trial period, the Subscriber will need a valid credit card to activate the license into a paying account. The license will be charged in advance on a monthly or yearly base.
2. All license fees are exclusive of all taxes, levies or duties. The Subscriber shall be responsible for payment of those taxes, levies or duties.
3. Any dispute concerning an invoice send by Jobtoolz must be lodged within 7 days of the invoice date. Once the date expired the invoice shall have been accepted irrevocably.
4. Jobtoolz offers the possibility to run campaigns through the platform or through our digital marketeers. The correct prices are always listed in the app or on the marketplace. Price changes are not communicated in separate letters to the customer, as the app and/or the marketplace reflect the current correct price at the time of the order. Price discussions regarding posted prices of the campaigns will not be accepted.
5. For each invoice that has not been paid in full or in part by the Customer on the due date, the latter is liable to pay – by operation of law and without prior notice of default – late payment interest of 1% per month in arrears, whereby a month that has already started is to be considered as fully completed, while the amount due will be increased with all collection costs paid by Jobtoolz in connection with the collection of the debt, plus 20% of the invoice amount, with a minimum of € 150 (excl. VAT) by way of lump sum damages, without prejudice to Jobtoolz right to claim higher compensation.
   If the Customer fails to pay one or more invoices, Jobtoolz has the right to temporarily suspend the access to the Services until it has received actual and full payment from the Customer. However, the temporary suspension of access to the Services does not affect the continuation of the Term. Moreover, Jobtoolz may unilaterally terminate the Agreement if the Client fails to pay or is repeatedly late in paying.
   Late payment or non-payment will result in all other invoices of Jobtoolz to the Customer immediately becoming due and payable, even if they have not yet fallen due, and all permitted payment conditions will cease to apply. The same applies in the event of an imminent bankruptcy, judicial or amicable dissolution, suspension of payment, as well as any other fact showing that the Customer is insolvent.
6. Every year, an optional index can be applied on the licence.

Term and termination

1. Licences are granted for a period of one month from the date of activation and are renewed automatically, unless one of the parties cancels at least 15 days before the expiry date of the current one-month period. The Subscriber can terminate his licence at any time by cancelling the subscription to the Site. The termination will be effective from the first day after the current one-month period. No refunds will be given upon termination. Licences that are paid for annually can only be deactivated at the end of the licence year. In the case of annual licences, the cancelling party should also do this no later than 15 days before the start of the new licence period via ‘stop license’ in the Jobtoolz dashboard. No refunds will be made if the licence is cancelled before the annual expiry date. Invoices for tacit renewals will be sent 14 days before the start of the new licence and must be paid if a correct cancellation was not made at the latest 15 days before the renewal of the licence. No exceptions to this can be granted.
2. Upon termination, Jobtoolz will deactivate Suscriber access to the Platform. All content of the Subscriber account will be made available for the Subscriber in a CSV file, and will afterward be erased by Jobtoolz without the possibility for the Subscriber to reactivate or recover this afterwards.