Job Board Terms and Conditions – Allround The Agency

Article 1 – Who are we and what is the Job Board?

1.1 Allround The Agency, with its registered office at Apollolaan 81-3, 1077 AK Amsterdam, registered with the Chamber of Commerce under number 77849868, operates an online Job Board: a digital platform on which job vacancies, assignments and profiles are shared and where employers/clients and freelancers/candidates can connect with one another.

1.2 The Job Board is an online marketplace: we facilitate contact between supply and demand, but are not, in principle, a party to the employment contract, contract for services or any other agreements you enter into with one another.

Article 2 – To whom do these terms and conditions apply?

2.1 These terms and conditions apply to:

• employers/clients who post job vacancies, assignments or projects;
• freelancers/candidates who create profiles and respond to job vacancies/assignments.

Collectively, we refer to them as “participants”.

2.2 In addition to these Jobboard Terms and Conditions, other documents may also apply, such as:

• the general terms and conditions for our online platform;
• additional agreements you enter into with us in relation to specific services or processes.

Article 3 – Role of the platform

3.1 Our Job Board brings together supply and demand. Legally speaking, we act as an intermediary: we provide the digital environment and technical facilities, but:

• we do not check the content of every post in advance;
• we are not the legal employer or client;
• the final agreement is concluded directly between the employer/client and the freelancer/candidate.

3.2 You remain responsible for the agreements you make with other participants, such as job descriptions, rates, hours, contract types and other terms and conditions.

Article 4 – Rules for employers/clients

4.1 Accurate and complete information

You must ensure that job vacancies, assignments and company information:

• are accurate and up to date;
• are not misleading regarding the role, terms and conditions, remuneration or contract type;
• clearly describe what you expect and what you offer.

4.2 No discrimination

Job vacancies and the recruitment process must not contain any prohibited forms of discrimination. This includes requirements based on, for example, race, gender, age, religion, sexual orientation or health that are not justified. We may remove discriminatory job vacancies immediately and, in the event of a repeat offence, restrict or terminate your access to the job board.

4.3 Compliance with laws and regulations

You are personally responsible for complying with employment law, tax law and other applicable regulations, whether in relation to employment contracts or freelance or assignment agreements. We are not a legal employer, tax adviser or intermediary in such contracts.

4.4 Contact details and availability

You must clearly state how candidates can apply and ensure that you are available to answer questions and receive applications.

Article 5 – Rules for freelancers/candidates

5.1 Profiles and CVs

You must create a profile that:

• accurately reflects your education, experience and skills;
• does not contain false or exaggerated claims (such as qualifications you do not hold);
• is respectful towards previous employers/clients.

5.2 Responses to job vacancies and assignments

You must respond seriously and only to job vacancies/assignments that are relevant to your situation and ambitions. Mass, irrelevant or inappropriate responses may be restricted.

5.3 Personal responsibility when entering into contracts

You remain personally responsible for the agreements you make with employers/clients. Read contracts carefully before signing them and, if necessary, seek advice from an expert.

Article 6 – Common agreements for all participants

6.1 Professional communication

Use the Job Board and its associated messaging functions in a professional and respectful manner:

• no verbal abuse, aggression or intimidation;
• no gossip or deliberate damage to someone’s reputation;
• no spam or unsolicited mass mailings.

6.2 No misuse of the Job Board

It is not permitted to:

• use the Job Board for illegal activities or deceptive practices;
• ‘scrape’ or automatically download large amounts of data;
• sabotage the platform or circumvent security measures.

6.3 Integrity

You must not post content that:

• infringes copyright, privacy rights or other third-party rights;
• is deliberately misleading;
• is contrary to public decency or public order.

Article 7 – Posting and removing content

7.1 You must post job vacancies, assignments, profiles and messages in accordance with the instructions on the platform.

7.2 We may: if the content contravenes these terms and conditions, legislation and regulations, or our policies.

• move it (for example, to a different category);
• amend it (for example, minor typographical errors or technically necessary adjustments);
• temporarily or permanently hide or remove it;

7.3 Where possible, we will inform you of any significant changes to or removal of your content, providing a brief explanation.

Article 8 – Reports and moderation

8.1 If you see a job vacancy, profile or message that you believe is unacceptable (for example, discriminatory, misleading, threatening or infringing), you can report it in accordance with our reporting procedure.

8.2 We take reports seriously, assess them carefully and, where necessary, take action, such as removing content or restricting a user’s access.

8.3 We moderate the job board to ensure it remains safe and professional. Moderation may include, amongst other things:

• assessing posted content;
• issuing warnings;
• temporary or permanent suspension in the event of serious or repeated breaches.

Article 9 – Fees and payment (where applicable)

9.1 We may charge fees for certain features of the Job Board (for example, ‘promoted’ vacancies, extra visibility or additional services). These are clearly stated on our website or in our offer.

9.2 If you use paid options, you undertake to pay the specified price. Payment shall be made in accordance with the described payment method and terms.

9.3 In the event of failure to make payment (on time), we may:

• temporarily block your access to paid features;
• charge statutory (commercial) interest and reasonable collection costs;
• terminate the agreement relating to the paid service in question.

Article 10 – Ranking Policy

10.1 The order in which job vacancies and profiles are displayed (ranking) may be influenced by factors such as:

• date of posting (recency);
• relevance to the search query or filters;
• level of activity (for example, recently updated profiles);
• paid visibility, such as featured or sponsored listings.

10.2 Paid visibility is always clearly identifiable (for example, with a ‘sponsored’ or ‘featured’ label).

10.3 Ranking increases visibility but does not guarantee applications, matches or assignments.

Article 11 – Liability and Responsibility

11.1 Role of Allround The Agency

• We provide the Jobboard and the online platform as a digital service: we facilitate the posting of job vacancies, profiles and messages, and we make it technically possible for participants to connect with one another.
• In principle, we are not a party to the employment contracts, assignment agreements or other contracts that participants enter into with one another.

11.2 Participants’ own responsibility

• Employers/clients and freelancers/candidates are themselves responsible for:
• the content of their job vacancies, profiles and messages;
• the agreements they make with one another (rate, type of contract, terms and conditions);
• compliance with employment law, tax and other legal obligations.
• You always decide for yourself whether to accept an offer or sign a contract; the Jobboard merely acts as the link bringing you together.

11.3 Limitation of our liability

To the extent permitted by law:

• our total liability in connection with the use of the Jobboard is limited to the amount you have paid to Allround The Agency in the relevant calendar year for the use of the Jobboard or the relevant service;
• we are not liable for:
  • the content and accuracy of job vacancies, profiles or messages posted by participants;
  • decisions or actions you take based on information from the Job Board;
  • indirect damage, consequential damage, loss of profit or damage to reputation, unless there is wilful misconduct or gross negligence on our part.

11.4 Technical faults and maintenance

• We do our utmost to ensure the Jobboard is stable and secure. However, faults, maintenance or external technical issues cannot be entirely ruled out.
• In the event of faults or maintenance, we are committed to:
  • resolving these as quickly as possible;
  • – where necessary, providing reasonable compensation for the period of restricted access or reduced visibility (for example, by extending the duration of listings).
• We shall not be liable for any damage arising directly from the temporary unavailability of the job board, unless this is the result of wilful misconduct or gross negligence.

11.5 Indemnification

• You shall indemnify Allround The Agency against any claims by third parties relating to:
  • job vacancies, profiles or messages posted by you;
  • agreements entered into by you with other participants;
  • infringement of third-party rights (such as copyright, trade mark rights or privacy rights) arising from your use of the Jobboard.
• This indemnity applies to all costs, damages and (reasonable) legal costs that may arise for us as a result.

11.6 Reporting of misconduct

• If you see content that you believe is clearly unlawful or in breach of our rules, we expect you to report it in accordance with our reporting procedure.
• By reporting it, you help us to take swift action where necessary. The fact that we moderate content does not mean that we are automatically liable for all content that appears on the Jobboard.

Article 12 – Personal Data and Privacy

• our total liability in connection with the use of the Jobboard is limited to the amount you have paid to Allround The Agency in the relevant calendar year for the use of the Jobboard or the relevant service;
• we are not liable for:
  • the content and accuracy of job vacancies, profiles or messages posted by participants;
  • decisions or actions you take based on information from the Job Board;
  • indirect damage, consequential damage, loss of profit or damage to reputation, unless there is wilful misconduct or gross negligence on our part.
• We do our utmost to ensure the Jobboard is stable and secure. However, disruptions, maintenance or external technical issues cannot be entirely ruled out.
• In the event of disruptions or maintenance, we are committed to:
  • resolving these as quickly as possible;
  • – where necessary, providing reasonable compensation for the loss of access or visibility (for example, by extending the duration of listings).
• We shall not be liable for any loss or damage arising directly from the temporary unavailability of the Job Board, unless this is the result of wilful misconduct or gross negligence on our part.
• You shall indemnify Allround The Agency against any claims by third parties relating to:
  • job vacancies, profiles or messages posted by you;
  • agreements entered into by you with other users;
  • infringement of third-party rights (such as copyright, trade mark rights or privacy rights) arising from your use of the Job Board.
• This indemnity applies to all costs, damages and (reasonable) legal costs that may arise for us as a result.
• If you see content that you believe is clearly unlawful or in breach of our rules, we expect you to report it in accordance with our reporting procedure.
• By reporting such content, you help us to take swift action where necessary. The fact that we moderate the content does not mean that we are automatically liable for all content that appears on the Job Board.

12.1 When you use the Job Board, we process personal data (such as names, contact details and profiles). Our privacy statement sets out how we handle this data.

12.2 By using the Job Board, you agree to our privacy policy.

12.3 Only include personal data in your profile and job advertisements that is strictly necessary, and handle other people’s personal data with care.

Article 13 – Changes to the Job Board and the terms and conditions

13.1 We may modify, expand or restrict the Job Board and its features if there is a valid reason to do so (for example, technical improvements, changes in legislation or editorial decisions regarding our services).

13.2 We may amend these Job Board Terms and Conditions from time to time. In the event of significant changes, we will inform you by email or via the platform.

13.3 The new version will apply: if you continue to use the Job Board after that date, you agree to the amended terms and conditions.

Article 14 – Governing law and disputes

• immediately for new users; and
• for existing users after the announced effective date.

14.1 These Job Board Terms and Conditions and the use of the Job Board are governed by Dutch law.

14.2 Should a dispute arise regarding the use of the Jobboard, we will first seek a solution together.

14.3 If this proves unsuccessful, the dispute – unless mandatory law provides otherwise – will be submitted to the competent court in the judicial district where Allround The Agency is established.

These Job Board Terms and Conditions, the Employer and Freelancer Policies, the Reporting Procedure, the Moderation Protocol, the Ranking Policy and the Liability Provisions together form the framework for your use of the Job Board within our online learning environment.