ARTICLE 1 Definitions
The following definitions are used in these General Terms and Conditions, unless explicitly stated otherwise or the context indicates otherwise:
Account the restricted environment of the Website that the User can use after login to the Website;
Employment Contract the Employment Contract between the Employer and the Employee;
Services the online Services or the online platform that Start in the Hospitality and Catering Industry makes available to the User via the Website;
User the legal entity or natural person, whether or not acting in a professional capacity or as a business, that has created an Account on the Website;
Agreement the agreement between the User and Start in the Hospitality and Catering Industry, whereby the User makes use of the Services of Start in the Hospitality and Catering Industry;
Start in the Hospitality and Catering Industry Horeca Flexgroep B.V., a private limited company, registered with the Chamber of Commerce under number 80486703;
Job Vacancy the Job Vacancy that the Employer posts on the Website containing a description of the job for which it is seeking an Employee;
Fee the Fee charged by Start in the Hospitality and Catering Industry to a User for the Services;
Website the Website: www.startindehoreca.nl and the associated online applications managed by Start in the Hospitality and Catering Industry with the mediation platform of Start in the Hospitality and Catering Industry and on which employers, among others, can post Job Vacancies;
Employer the User who has registered as an Employer with Start in the Hospitality and Catering Industry;
Employee the User who has registered as an Employee with Start in the Hospitality and Catering Industry.
ARTICLE 2 General
Start in the Hospitality and Catering Industry makes a digital platform available that allows the Employer and the Employee to connect with each other with the aim of filling the Job Vacancies of the Employer by the Employees. The resulting Employment Contract is concluded directly by the Employer with the Employee. Start in the Hospitality and Catering Industry is explicitly not a party to the conclusion of this Employment Contract. Start in the Hospitality and Catering Industry also has no influence on the fulfilment of the mutual obligations by the Employer and the Employee.
ARTICLE 3 De Agreement
3.1. The Agreement between the parties is established only at the moment the User has created an Account on the Website, as referred to in Article 6, and has agreed to these General Terms and Conditions.
3.2. The Agreement is concluded for an indefinite period, unless it follows from the content, nature or tenor of the Agreement that it has been concluded for a definite period.
3.3. If the User no longer wishes to make use of the Services of Start in the Hospitality and Catering Industry and wishes to terminate its Agreement with Start in the Hospitality and Catering Industry, it must delete its Account on the Website as referred to in Article 6.
ARTICLE 4 Applicability
4.1. If the User uses other conditions and those conditions have not been explicitly declared applicable by Start in the Hospitality and Catering Industry, then those conditions do not apply to the Agreement.
4.2. Any deviations from these General Terms and Conditions are only valid if they have been explicitly agreed in writing or by e-mail by Start in the Hospitality and Catering Industry and the User.
4.3. If one or more of the provisions in these General Terms and Conditions are invalid or may be annulled, the other provisions of these General Terms and Conditions remain fully applicable. In that case, Start in the Hospitality and Catering Industry has the right to replace this invalid provision with a provision that is not unreasonably onerous for the User and that corresponds the invalid provision as closely as possible.
4.4. Start in the Hospitality and Catering Industry has the right to unilaterally amend these General Terms and Conditions and to stipulate that these amended General Terms and Conditions are applicable to the existing Agreement. The User will be notified of the amended General Terms and Conditions and the effective date by e-mail. If the User does not agree with the amended General Terms and Conditions, it should no longer use the Services and delete its Account.
4.5. If Start in the Hospitality and Catering Industry does not always require strict compliance with these General Terms and Conditions, this does not mean that the provisions thereof do not apply, or that Start in the Hospitality and Catering Industry would in any way lose the right to require strict compliance with the provisions of these General Terms and Conditions in other cases.
4.6. These General Terms and Conditions are drawn up in the Dutch language. These General Terms and Conditions have also been translated into English. In the event that the English translation leads to any difference in text or interpretation, the General Terms and Conditions in the Dutch language shall continue to prevail and be binding.
ARTICLE 5 Fair use
The User must use the Services as a careful internet user. Use of the Website in a way that could hinder other users of the Website is not permitted. Furthermore, it is not permitted to login using the login details of another User or otherwise access the Account of another User.
ARTICLE 6 Account
6.1. When creating an Account, the User shall provide all the data that Start in the Hospitality and Catering Industry reasonably requires for the correct and timely performance of the Services, in the form and manner desired by Start in the Hospitality and Catering Industry.
6.2. The User is responsible for the correctness, completeness and reliability of the data made available, as referred to in paragraph 1.
6.2. The Account can only be created after the User has declared that it agrees to these General Terms and Conditions.
6.3. The Account username and password are strictly private and confidential and should not be shared with others. If the User suspects that an unauthorised third party is using its login codes, the User must change its password as soon as possible.
6.3. The Account is personal and non-transferable.
ARTICLE 7 The services
7.1. All Services performed by Start in the Hospitality and Catering Industry will be carried out to the best of its knowledge and ability. Start in the Hospitality and Catering Industry has a best endeavours obligation with regard to the intended work, unless otherwise agreed. This means that Start in the Hospitality and Catering Industry explicitly has no obligation to achieve a result.
7.2. Start in the Hospitality and Catering Industry is entitled to temporarily take the Services offline for maintenance purposes.
7.3. Start in the Hospitality and Catering Industry is entitled to decide to terminate its Services at any time. The User will be informed of this well in advance.
ARTICLE 8 Fee and payment
8.1. The User must pay a Fee for the Services offered by Start in the Hospitality and Catering Industry on the basis of the Agreement concluded. Fees for the Services are fixed and agreed in advance.
8.2. All prices are inclusive of turnover tax and levies that are or may be imposed by the government.
8.3. The Fee payable for the Services and any price changes that may have occurred thereafter must be paid by the User, without deduction, discount or settlement, after the Agreement is concluded and before using the Services, i.e. no later than the day prior to the User using the Services.
8.4. If the term of payment as referred to in paragraph 3 is exceeded, the User shall be in default by operation of law, insofar as the User is a legal entity or natural person acting in the course of a profession or business. If the User is a natural person not acting in the course of a profession or business, Start in the Hospitality and Catering Industry will give the User at least one more opportunity to pay the invoice within a reasonable period, after which the User will be deemed to be in default of payment. The User must pay statutory commercial interest to Start in the Hospitality and Catering Industry from the day of default.
8.5. In addition to the statutory commercial interest, the User shall also owe the judicial and extrajudicial costs. The extrajudicial costs for legal entities and natural persons acting in the course of a profession or business are set at 15% of the invoice amount. If the User is a natural person not acting in the course of a profession or business, the extrajudicial costs will be calculated in accordance with the graduated scale in the Extrajudicial Collection Costs (Fees) Decree (Besluit vergoeding voor buitengerechtelijke kosten). Start in the Hospitality and Catering Industry reserves the right to charge the User the actual judicial and extrajudicial costs, also insofar as these costs or the content of the Job Vacancy, exceed the fixed or statutory court-approved scale of costs.
8.6. Upon termination of the Agreement, the User is not entitled to a refund of the Fee already paid. Start in the Hospitality and Catering Industry may require the User to pay the Fee in full.
8.7. In the event of termination of the Agreement by Start in the Hospitality and Catering Industry in the case of force majeure (Article 14), Article 8.6 may be waived by refunding all or part of the Fee paid, at the sole discretion of Start in the Hospitality and Catering Industry. However, the User cannot derive any rights from this provision.
ARTICLE 9 Job Vacancy
9.1. After the Agreement has been concluded and the User has fulfilled its payment obligation, the User can make use of the Services of Start in the Hospitality and Catering Industry by placing a Job Vacancy on the Website or by responding to a Job Vacancy placed on the Website.
9.2. The Employer guarantees that the performance of the work described in the Job Vacancy is not contrary to the law or common decency. The Employer is expressly not permitted to post a Job Vacancy that is illegal.
ARTICLE 10 Obligations of the User
10.1. The User shall not disseminate information using the Website, which:
a. is contrary to national and international law;
b. is contrary to common decency or to the spirit of action and rules of conduct prevailing on the internet;
c. violates the rights of a third party, such as copyrights;
d. may cause damage to or be offensive or discriminatory towards others, such as insulting, defamatory, aggressive, hateful, offensive, inflammatory or pornographic statements;
e. contain one or more swear words;
f. is confidential and may not be disclosed;
g. contain falsehoods.
10.2. Start in the Hospitality and Catering Industry has the right to remove any information from the Website that is not in accordance with the purpose of the Website. If Start in the Hospitality and Catering Industry removes information that has been posted by the User, the User will be notified by e-mail.
10.3. Obligations relating to taxes and social security of the User, whether or not arising from entering into the Employment Contract, are at all times the responsibility of the User and not the responsibility of Start in the Hospitality and Catering Industry.
ARTICLE 11 Employment Contract between the Employer and the Employee
11.1. Start in the Hospitality and Catering Industry is not a party to the Employment Contract. The Website merely facilitates contact between the Employer and the Employee.
11.2. Entering into an Employment Contract is entirely at the risk and expense of the Employer or the Employee.
11.3. Start in the Hospitality and Catering Industry can never guarantee that the use of the Services will lead to one or more Employment Contracts or to income for the Employee.
ARTICLE 12 Intellectual property rights
12.1. All intellectual property rights in respect of products of the mind that it uses or has used and/or develops within the framework of the implementation of the Services, or in respect of the Website, and with regard to which it holds or can assert copyrights or other intellectual property rights, belong exclusively to Start in the Hospitality and Catering Industry or its licensors.
12.2. The User is expressly prohibited from reproducing, publishing or exploiting these products, in the broadest sense of the word, with or without the involvement of third parties. Duplication and_or publication and_or exploitation is only permitted after explicit written consent has been obtained from Start in the Hospitality and Catering Industry.
12.3. In the event of violation of that which has been agreed in Article 12, the User shall owe an immediately payable penalty of € 25,000.00 per violation. In addition, the User shall owe a penalty of € 500.00 for each day that the violation continues. Start in the Hospitality and Catering Industry reserves the right to claim the actual damage it has suffered from the User.
ARTICLE 13 Liability and limitations period
13.1. Start in the Hospitality and Catering Industry is only liable for damage if this is due to deliberate intent or conscious recklessness on the part of Start in the Hospitality and Catering Industry.
13.2. Any liability of Start in the Hospitality and Catering Industry is limited to payment of the amount paid out by the applicable liability insurance, including the excess payable by Start in the Hospitality and Catering Industry in connection with such insurance.
13.3. If for any reason the insurance does not provide cover or does not pay out, the liability of Start in the Hospitality and Catering Industry is limited, insofar as this is not contrary to any mandatory statutory provision, to the Fee paid by the User for the Services to which the liability relates.
13.4. Only insofar as that determined in paragraphs 1 to 3 does not hold or would be in conflict with any mandatory provisions, the liability of Start in the Hospitality and Catering Industry shall be limited to an amount of € 250.00.
13.5. Liability for indirect and consequential damage, including loss of profit, lost turnover, damage to reputation, labour costs, damage caused by delay and loss of savings is excluded under all circumstances.
13.6. Start in the Hospitality and Catering Industry does not guarantee the continuous availability of the Services, the correctness of all data on the Website and/or the prevention of the non-automated use of such data by third parties. The Website may contain technical inaccuracies or other errors or outdated information. The Website is provided on an ‘as is’ and ‘as available’ basis without any express or implied guarantee of any kind. Start in the Hospitality and Catering Industry is not liable for any damage resulting from this.
13.7. Start in the Hospitality and Catering Industry is not liable for corruption or loss of data as a result of transmitting the data by means of telecommunication facilities.
13.8. Start in the Hospitality and Catering Industry is not liable for the loss of login details used by the User. Start in the Hospitality and Catering Industry cannot be held responsible if unauthorised third parties make use of the Account of the User.
13.9. Start in the Hospitality and Catering Industry is not involved in the execution of the Agreement between the Employer and the Employee and therefore has no control over or supervision of the proper performance of any obligation by the Employer and the Employee. Start in the Hospitality and Catering Industry is therefore not obliged or liable to fulfil any obligation under the Agreement between the Employer and the Employee or for any damage arising from the improper performance thereof. In addition, Start in the Hospitality and Catering Industry is not liable for any damage arising from the improper performance of the execution of the Agreement for any attributable or non-attributable failure in the performance of the execution of the Agreement concluded between the Employer and the Employee or for any wrongful act on the part of the Employer/Employee.
ARTICLE 14 Force Majeure
14.1. In the event that Start in the Hospitality and Catering Industry is prevented from fulfilling the Agreement as a result of force majeure, Start in the Hospitality and Catering Industry is entitled to terminate the Agreement in whole or in part without being liable for any compensation.
14.2. Force majeure includes: an attributable or non-attributable failure by engaged third parties, the temporary unavailability or inadequacy of hardware, software and/or internet or other telecommunications connections that are necessary for the provision of the Services, weather conditions, epidemics, government measures, power failure, war, terrorism, riots, fire, theft, data loss as a result of computer failure, virus infection or computer hacking by third parties, as well as any other situation over which Start in the Hospitality and Catering Industry cannot exercise control or decisive control.
ARTICLE 15 Conflicting provisions
In the event that these General Terms and Conditions and other agreements made by letter or e-mail contain conflicting conditions, the conditions included by letter or e-mail shall apply.
ARTICLE 16 Processing of personal data
16.1. Start in the Hospitality and Catering Industry processes personal data in accordance with the General Data Protection Regulation (Algemene Verordening Gegevensbescherming). For more information on the processing of personal data by Start in the Hospitality and Catering Industry, the User can consult the Privacy Statement of Start in the Hospitality and Catering Industry, see [link to Privacy Statement]
16.2. Start in the Hospitality and Catering Industry is not liable and can never be held responsible for the way in which the Employee handles the personal data of the Employer or the way in which the Employer handles the personal data of the Employee.
16.3. The Employer and the Employee are each obliged to process the personal data originating from the Employee and the Employer respectively in accordance with applicable privacy legislation and to use them only within the framework of the conclusion and execution of the Employment Contract. The Employer and the Employee are explicitly not allowed to use the personal data for other commercial purposes.
ARTICLE 17 Applicable law and competent court
17.1. Dutch law applies to all Services provided by Start in the Hospitality and Catering Industry and to the Agreement.
17.2. All disputes between the User and Start in the Hospitality and Catering Industry will be adjudicated exclusively by the competent court in the Netherlands within whose jurisdiction the registered office of Start in the Hospitality and Catering Industry is situated. If Start in the Hospitality and Catering Industry invokes this article, the User, being a private individual, has the option to choose the competent court within one month in accordance with the law.