Terms of Service
Article 1: Introduction
TeamsRecruit B.V has updated these Terms of Service, which are effective as of the date shown below. Disputes about these TOS and the Services provided by TeamsRecruit B.V are subject to a binding agreement between the Client and TeamsRecruit B.V.
Article 2: Definitions
In these Terms of service, the following terms written with a capital letter shall have the meaning ascribed to them below.
Acceptance Procedure: the procedure for acceptance of the Service, as described in Article 5.
Additional Work: work within the framework of the Service or Supplementary Services which (i) arises from or requested by the Client to the (Supplementary) Service or (ii) is not described in the Agreement and could not reasonably have been provided by TeamsRecruit B.V.
Applicants: individuals applying to Jobs stored in the Client’s Application, stored in the Application on behalf of the Client.
Application: the web application named CoRecruit, as described in the Agreement.
Availability: the percentage of time the Application is available via the URL supplied to the Client.
Candidates: individuals stored in the Application on behalf of the Client.
Client: the legal entity to which the Agreement is addressed.
Commencement Date: the date on which the Client accepts the TOS unless another date for the commencement of the service has been agreed upon in the Agreement.
Content: all data that the Client stores and exchanges via the Application.
CoRecruit: the recruitment software/application as described in the Agreement.
Data: all information, such as data, data fields, notes, images, documents, emails, and texts stored during the use of the Service.
Data Processing Agreement: the data processing agreement between TeamsRecruit B.V and the Client regarding the processing of personal data within the framework of the Service.
Documentation: the manual for the End User and other similar information made available by TeamsRecruit B.V to facilitate the use of the Service.
End-User: an employee of the Client or someone authorized by the Client to use the Application under the Client’s responsibility.
End User License Agreement (EULA): the License Agreement between TeamsRecruit B.V and the Client for the use of the Service.
Faults: significant non-compliance with the functional specifications as described in the Documentation. A Fault may only exist if the Client can demonstrate it and TeamsRecruit B.V can reproduce it.
Fee: a fee payable by the Client to TeamsRecruit B.V. for the Service or a Supplementary Service.
Implementation Period: the period after the signing of the Agreement in which the Client and TeamsRecruit B.V jointly determine if and how the Supplementary Service must be configured, as described in an SOW.
IP Rights: all rights of intellectual or industrial property, such as copyrights, patent rights, trademark rights, database rights, and rights to know-how.
Party/ Parties: the Client and/or TeamsRecruit B.V.
Proposal: the document in which TeamsRecruit B.V makes an offer to the Client for the use of the Service.
Result: the result to be achieved by the Supplementary Services, as described in an SOW.
Service: the remote application provision via Microsoft Teams to the Client.
Service Levels: the agreed level of service provision regarding the Service in terms of Support, Maintenance, planned interruptions, infrastructure dimensioning, and Availability, as described in the SLA.
Service Level Agreement (SLA): the document that sets out the service levels to be provided by TeamsRecruit B.V.
Service Term: the period that the agreement is valid, which includes the period that TeamsRecruit B.V. delivers the Service to the Client.
Statement of Work (SOW): an agreement to provide Supplementary Services.
Supplementary Services: services other than the Service provided by TeamsRecruit, such as consulting and development.
TeamsRecruit B.V.: refers to TeamsRecruit B.V., a company with limited liability under the laws of the Netherlands, having its registered offices in De Cuserstraat 93, 1081 CN, Amsterdam, registered in the Chamber of Commerce of the Netherlands under registration number 80557996.
Terms of Service (TOS); the Terms of Service that apply to this End User License Agreement.
Working Day: Monday to Friday from 9 AM (CET) until 5 PM (CET) in the Netherlands, except for public holidays officially recognized in the Netherlands.
Article 3: Accepting the TOS
- Client acknowledges and agrees that Client to an Agreement with TeamsRecruit B.V and has read, understands, and agrees to be bound by these TOS by clicking or tapping on a button indicating acceptance, by accessing or using the Services, or by executing or making payment based on a credit card payment, ordering document, statement of work or invoice (an “Order”) that references this TOS.
- By accepting this TOS, you accept these TOS on behalf of a legal entity, (a) “you” and “your” will refer to that Client, the legal entity, and any individual accessing the Services through your account will be referred to as an “End User”; and (b) you understand and agree that the Client will be responsible for ensuring that each of its End Users complies with these Terms.
- The Client may not use the Services and may not accept the Terms of Service if the Client is barred from receiving the Services under the laws of The Netherlands or other countries, including the country in which you are a resident or from which they use the Services. If you represent a legal entity, you will ensure that: (a) your End-Users do not use the Services in violation of any export restriction or embargo by The Netherlands, European Union, or The United States; and (b) you do not provide access to the Services to persons or entities on any restricted lists.
- If you are under 18 years old, you may not create a CoRecruit account or use the Services unless (a) you have received access to the Services through your School (defined below); or (b) your legal guardian has reviewed and agreed to these TOS. If you are a parent or legal guardian permitting a person under 18 years of age (a “Minor”) to create an account and use the Services, you agree to: (i) supervise the Minor’s use of the Services and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Services and their account; (iii) ensure that the Content in the Services and on the Websites are suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations, and warranties contained in the Terms on the Minor’s behalf.
Article 4: Service provision and License
- From the Commencement Date, TeamsRecruit B.V shall make every reasonable effort befitting a good contractor to provide the Service in accordance with the Service Levels. The Service shall be rendered on an “as is” basis. Use of the Service by the Client and End Users shall be at the Client’s expense and risk.
- For the duration, and under the terms, of the Agreement, TeamsRecruit B.V shall grant the Client the right to use the Application as described in article 4 (the “License”), on condition that the Client pays all Fees on time and for the number of End Users described in the Agreement.
- The right to use the application and its pricing are granted based on the number of employees (permanent and temporary). The Client will inform TeamsRecruit B.V in case the number of employees changes with more than 10% of the total number of employees employed at the commencement date.
- TeamsRecruit B.V reserves the right to check the current number of employees of the Client via public and private company details providers. TeamsRecruit B.V may use data published on company page(s) referring to Client on www.linkedin.com
- The Client may use the Service for the internal purposes of its organization. The Client may also allow the Service to be used by End Users outside its organization as far as such forms of use are part of the broader service provision to End Users (extranet use). The Client must not offer the Service to third parties.
- If the Client stores more than 5,000 vacancies, 50,000 candidates, or 10,000 employees, TeamsRecruit B.V may require the Client to purchase dedicated hosting services at the then current rates of TeamsRecruit B.V. The maximum data storage per End User is 5Gb which can be increased at additional cost.
- Upon prior notification, TeamsRecruit B.V may make changes to the Application, interrupt the Service, and temporarily block access to the Service (e.g., due to maintenance, updates, or expansion of the work by TeamsRecruit B.V. concerning the Service) in accordance with the SLA. In that case, the Client is not entitled to compensation or set-off of the Fees.
- TeamsRecruit B.V reserves the right to update these TOS from time to time, so please check https://corecruit.com/terms-of-use/ periodically for changes. The continued use of our Service after a change to the TOS will be deemed acceptance of the revised TOS and the Agreement.
- If a change to the Application leads to a change in functionality, TeamsRecruit B.V shall inform the Client.
Article 5: The Application
- The application is software named CoRecruit installed in the Client’s O365 or Microsoft Teams environment that empowers the Client by enabling “anytime, anywhere” remote processes, automating routine tasks, and reusing data across the hiring process. The Application comprises software, code, tools, databases, and other elements that enable services, including but not limited to Recruitment processes, Digital Interviews, Talent Insights, Online Video Interviews, Live Interviews, Referral Recruitment, third-party Recruitment, Talent Engagement, Talent Acquisition, Intelligent Hiring, Recruitment Marketing, Talent Measurement, Recruiting and Hiring.
- Please note that Candidates and Applicants are accessing the Application to apply for a position with a Recruiting Organization, and Recruiting Organization is using the Application as part of its recruiting process. The Services are not for personal, family, or household use. Accordingly, all Content is treated as pertaining to Candidates, Applicants, Employees, or Business Representatives rather than to individuals acting in their personal capacity.
Article 6: Fee and payment
- The Fees for the Service and Supplementary Services are set out in the Agreement.
- Fees are net to TeamsRecruit B.V and exclude VAT, withholding tax, levies, or any other applicable taxes.
- TeamsRecruit B.V. may change the price it charges for a Service at any time. However, price changes will not be effective concerning the Client’s existing Services until the next renewal of an agreement period. Fees applicable to the renewal of a Service Term will be charged at the then-current list price.
- TeamsRecruit B.V may charge the Client for Additional Work at the rates set out in the Agreement.
- Unless otherwise stipulated in the Agreement, all invoices from TeamsRecruit B.V shall have a final, firm payment term of thirty days.
- In case of past due payment, TeamsRecruit B.V. may charge interest of 1% per month or part of a month. The Client shall bear collection costs.
Article 7: Access to the Application
- The Client should keep the usernames and passwords to access Microsoft O365 and or Microsoft Teams provided to the Client’s End-Users confidential.
- TeamsRecruit B.V shall not be liable for any misuse of usernames and passwords and may assume that an End User who logs in with the username and password of an End User is genuinely that End User.
- As soon as the Client becomes aware or has reason to suspect that the username and password have fallen into the hands of unauthorized persons, it should inform TeamsRecruit B.V, without prejudice to the Client’s own obligation to take immediate effective action.
Article 8: Delivery of the Service
- The Service is delivered when the Client installs the Application in the Client Microsoft Teams environment.
- Acceptance of the Service may not be withheld on grounds unrelated to the agreed specifications, based on minor faults that do not reasonably prevent operational or productive use of the Service or for subjective or aesthetic reasons.
- Acceptance of the Service in any of the ways stated in this article shall mean that TeamsRecruit B.V. is fulfilling its obligations regarding the commencement of the delivery of the Service.
Article 9: Data
- The Client and the End Users determine which Data is stored or exchanged using the Service. TeamsRecruit B.V has no knowledge of such Data. Therefore, the Client is also responsible for the lawfulness of the Data and shall guarantee that such Data does not infringe on third-party rights, including IP Rights and privacy rights. TeamsRecruit B.V shall not accept any liability whatsoever for Data stored or exchanged using the Service. The Client shall indemnify TeamsRecruit B.V. against third-party claims based on the assertion that the Data stored and exchanged by the Client or by End Users who are using the Service are unlawful.
- If TeamsRecruit B.V. becomes aware that Data stored or exchanged by the Client or an End User using the Service is unlawful, TeamsRecruit B.V shall make such data inaccessible.
Article 10: Supplementary services
- Supplementary Services shall be provided based on an SOW signed by both Parties and always based on a best-efforts commitment. The only remedy that the Client shall have concerning a shortcoming in the fulfillment of a commitment under an SOW is to ask TeamsRecruit B.V to provide the Supplementary Services again.
- The provisions of these TOS shall apply to any SOW.
- Services may also be purchased through a Service Contract. Hours in a Service Contract must be consumed within 18 months of the start of the SOW. After 18 months, any non-consumed hours shall expire.
- Dates for training and workshops can be amended or canceled by the Client free of charge up to 14 calendar days prior to the commencement of the training/workshop in question. For any later changes/cancellations, TeamsRecruit B.V may charge the entire Fee.
Article 11: Duration and termination
- This Agreement shall be entered into for 12 months from the Commencement Date and shall be renewed for 12 months upon the expiry of this period unless either Party terminates the Agreement at least three months before the end of the current period. In the event of an extension, the then applicable conditions apply. The Parties may agree on different periods in the Agreement.
- Either Party may terminate the Agreement with immediate effect if the other Party goes bankrupt or is granted a suspension of payments or if the other Party’s company is liquidated or abolished other than for the purpose of reconstruction or a company merger. Due to such termination, the Parties shall not be obliged to provide compensation or repay any money already received.
- If at the time of any dissolution of the Agreement, obligations vis-à-vis the Client have already been met, such fulfillment and the associated payment obligations must not be part of the dissolution. Any amounts invoiced by TeamsRecruit B.V. before the dissolution shall remain payable and be due immediately upon such dissolution.
- If the Agreement ends for whatever reason, TeamsRecruit B.V. shall continue to make the Service available for thirty calendar days following the expiry of the Agreement for the sole purpose of enabling the Client to retrieve the Content or to make a backup. It shall no longer be possible to process information during such a period. During the period, TeamsRecruit B.V shall have no obligation other than to ensure the availability of the Content as described above, provided this is requested in good time.
Article 12: Privacy
- During the delivery of the Service, TeamsRecruit B.V shall process Personal Data on the Client’s behalf. The Parties hereby agree that the Client shall be the controller for the processing of Personal Data during the use of the Service, and TeamsRecruit B.V shall be the processor. The terms and conditions governing such processing of Personal Data are set out in the Data Processing Agreement.
Article 13: Intellectual property rights
- TeamsRecruit B.V shall only provide the Client with a limited, non-exclusive, non-transferable License, which must not be sub-licensed, as specified in Article 2.
- All IP Rights to the Results shall belong to TeamsRecruit B.V. unless the Parties agree otherwise in writing in an SOW.
- The IP Rights to Content shall belong to the Client.
- The Client shall ensure that, if materials and information are supplied to TeamsRecruit B.V by the Client or on its behalf under the Agreement, the Client is entitled to do so and that these materials and information do not infringe on third-party rights.
Article 14: Confidentiality
- The Parties shall ensure that all data from the other Party that is known or should reasonably be known to be confidential remains confidential. The Party that receives confidential information shall use it solely for the purpose for which it has been supplied. Information shall, in any case, be regarded as confidential if it has been designated as such by one of the Parties.
Article 15: Liability
- TeamsRecruit B.V.’s liability shall be limited to compensation for direct damage or loss and, in all cases, shall be limited to no more than the amount paid by the Client to TeamsRecruit B.V in the six (6) months immediately preceding the date of the event giving rise to the claim.
- Direct damage or loss means:
- Property damage
- Reasonable costs to ascertain the cause and extent of direct damage or loss
- Reasonable costs to prevent or limit direct damage or loss
- Any other damage or loss, including lost promised revenue, shall constitute indirect damage or loss and shall not be eligible for compensation.
- Any compensation claims against TeamsRecruit B.V. will lapse after twelve months unless the Client files a legal claim within that period.
Article 16: Assignment
- Neither of us may assign this Agreement without the other Party’s consent. However, we may assign this Agreement at any time to an affiliate or an acquirer of all or substantially of our business or assets.
Article 17: Miscellaneous
- This Agreement is governed by Dutch law. Any disputes stemming from or in connection with this Agreement must be brought before the competent court in Amsterdam.
- This Agreement shall form the agreement between the Parties concerning the matters described herein. This Agreement shall replace any previous arrangements between the Parties regarding these matters and the interpretation of this Agreement. No attention shall be paid to whatever the Parties have declared verbally or in writing between them.
- By the continued use of the service, you acknowledge that you are 16 years of age or older, have the right, authority and capacity to enter into these Terms of Service directly or enabled by your organization, or you are of the legal age required to form a binding contract in your jurisdiction if that age is greater than 16 and you have read, understand and agree to be bound by these Terms of Service.