JAGUMA and the undersigned business partner (hereafter referred to as Customer) agree to conduct their collaboration in accordance with these General Conditions.
These Terms and Conditions shall apply to the execution of all orders for placement of advertisements in the broadest sense. An order placed with JAGUMA entails the renunciation of the terms and conditions of the customer. Deviation from these terms and conditions is only possible with the explicit written consent of JAGUMA.
JAGUMA complies with the requirements of the Decree of December 10, 2010, on employment mediation.
The agreement is concluded when JAGUMA receives the (digital) signed and dated acceptance of the offer from the Customer. Amendments and additions to the agreement as well as statements and individual instructions must be confirmed in writing by JAGUMA.
The agreement obliges JAGUMA to publish ads and provide services agreed upon in the offer. The customer has the obligation to create his profile to upload his logo in the process. This logo will be published by JAGUMA.
The agreement ends automatically after the agreed term has expired.
3. CUSTOMER AND RESPONSIBILITY
3.1 Advertisements appear under the sole responsibility of the customer. The customer shall indemnify JAGUMA against any claim brought against JAGUMA because of the execution of the order and reimburse all costs incurred by JAGUMA in this regard, such as the space occupied by a right of reply.
3.2 The customer may only upload or transmit material for which it has obtained all rights (intellectual property rights, portrait rights, etc.) and may also only process personal data in the advertisement for which it has a legal basis under data protection legislation or, if appropriate, explicit consent.
3.3 JAGUMA is entitled to place a number or other sign, or in any other way clearly indicate that it is an advertisement and is always entitled to disclose the identity of the customer.
3.4 The customer must consider the rights of the applicant when preparing the job posting.
4. Cooperation Principle
4.1 JAGUMA undertakes to continually optimize the number of responses to the Customer’s advertisements and to improve the quality and quantity of searchable applications. This presupposes cooperation with several partners in online media. The Customer hereby grants JAGUMA the right to publish advertisements in online media, audio, and video media without prior notice. This permission does not imply any obligation for JAGUMA to publish the advertisement in online media, audio, or video media. JAGUMA pays special attention to the image and quality of its partners. In addition, the Customer guarantees JAGUMA that it has the consent of the persons whose data is mentioned in the advertisement to agree to the above-mentioned processing of their personal data as well as to the analysis of the data as stated in JAGUMA’s privacy statement.
4.2 The Customer’s rights under this contract are not transferable. The contract can only be transferred to a third party with the consent of JAGUMA.
4.3 After entering this contract, the Customer agrees to receive, via email, newsletters and other commercial messages that help JAGUMA improve and maintain its quality standards. The Customer may withdraw its consent at any time without formal conditions. The withdrawal of consent shall take effect immediately.
5. Intellectual Property Rights
5.1 This Contract does not transfer any (intellectual) property rights, licenses, or rights of use from JAGUMA to the Customer. All JAGUMA’s rights (including but not limited to copyrights, rights relating to trademarks, sui generis database rights, logos, pictorial trademark rights, title rights, ownership rights as well as all other trade rights) remain unrestricted (intellectual) property of JAGUMA.
5.2 All information and content published by JAGUMA are subject to JAGUMA’s intellectual property rights (copyrights, rights relating to trademarks and sui generis database rights), with the exception of individual elements of such information and content designed by the Customer or a third party which are already subject to the intellectual property rights of the Customer or a third party and which have not been modified/improved by JAGUMA.
5.3 The Customer is responsible for ensuring that the content to be published complies with media law, competition law and other applicable regulations.
5.4 The Customer grants JAGUMA the right to use, reproduce and communicate to third parties the Customer’s data/content/logo/trademark/(trade) name or other marks while executing the order.
5.5 By placing the order, the Customer warrants that it has purchased or otherwise acquired all required user rights, copyrights, and related rights that JAGUMA requires.
6. RIGHT OF REFUSAL
6.1. JAGUMA has the discretionary right, without being obliged to justify its decision, and without any compensation being due, to suspend, stop or refuse the insertion of an order.
6.2. An advertisement will only be published after it has been approved by JAGUMA. An advertisement that does not consider the applicant’s rights or is otherwise contrary to current legislation and more specifically to privacy laws will in any case be rejected by JAGUMA.
7. PROHIBITION ON RESALE AND EXPLOITATION
7.1 Unless expressly agreed to in writing by JAGUMA, advertising space may not be resold or otherwise made available to third parties in any way.
7.2 Unless there is a valid legal basis through direct contact between the Customer and an applicant, the Customer shall refrain from any exploitation and, more generally, from any processing, whether direct or indirect, immediate or deferred, of personal data – that is, data that identify or allow physical persons to be identified – received by the Customer through the intervention of JAGUMA . In case of non-compliance, JAGUMA reserves the right to terminate the order, without prejudice to its right to full payment of the order.
8.1 For special requests related to the placement (well-defined days, special place, or page), a higher price will be charged, in accordance with the tariff conditions.
9. MATERIAL AND METHOD OF EXECUTION
9.1 Material must be delivered on time and must meet the technical specifications.
9.2 JAGUMA has the right to adapt material that is not suitable for use, without this being considered an obligation for JAGUMA. The costs associated with such adjustments will be charged to the customer.
9.3 Under no circumstances can shortcomings resulting from non-compliant material or late delivery give rise to a price reduction, reclassification, or compensation in any form whatsoever.
9.4 Advertising orders must in principle be passed on by mail or via the website.
9.5 The material is kept on the platform with the Customer’s consent without an expiration date as the Customer’s archive. The Customer may at any time request that this information be removed from the platform and/or be provided with a copy.
JAGUMA may refuse ads delivered in a language other than that of the medium. The Customer determines the language of the advertisement. JAGUMA does not offer translations.
11.1 The customer cannot cancel or interrupt an order or an order in progress. the order will be invoiced in full. The customer can ask to interrupt the publication of the advertisement but will always have to pay the fully agreed and invoiced amount.
11.2 If a subscription price has been agreed upon with a view to the placement of a certain number of advertisements and that number is not reached, because there are no new advertisement orders or because the payment has been stopped and no further advertisements are placed, JAGUMA is entitled to charge back the amount of the discount already granted.
12.1 Advertisements are charged at the rate in force at the time of placement. JAGUMA has the right to change the advertising rate and/or format at any time. The current rates can be found on the JAGUMA website.
12.2 The rate includes all additional costs such as emails, telephone calls, copies that are usually made. It does not include the costs for corrections and proofreading incurred because of the customer providing incorrect data.
12.3 Separate rates are provided for inclusion in the ‘Top Companies’ list and/or the list of advertisers.
13. TERMS OF PAYMENT
13.1 Invoices must be paid into JAGUMA’s bank account, as metioned on the invoice.
13.2 Unless otherwise agreed, invoices must be paid within 30 days of the invoice date. In the event the payment of one invoice is overdue, JAGUMA may suspend current advertisements without further notice, while retaining its rights and without being liable for any damages. JAGUMA may grant a discount for cash payment.
13.3 If an invoice is not paid by the due date, interest on arrears shall be owed, ipso jure and without prior notice of default, at the interest rate resulting from the Belgian law on late payments in commercial transactions ( Wet inzake Betalingsachterstand bij Handelstransacties), calculated on the invoice amount from the date of the invoice, as well as damages equal to 10% of the total invoice amount, with a minimum of 50 euros.
13.4 JAGUMA reserves the right to send all invoices and information related to invoices such as reminders, as attachments by email. The customer is assumed to maintain a correct e-mail address and to inform JAGUMA of any changes in the e-mail address.
14. COMPLAINTS AND LIABILITY
14.1 Complaints about the publication must be made in writing within five working days of publication.
14.2 Complaints about invoices must be submitted in writing within 14 days of the invoice date, stating the invoice number.
15. NO OBLIGATION OF TO ACHIEVE RESULT
15.1 JAGUMA is not liable for a minimum number or minimum quality of applications by candidates to the customer’s vacancies and for the return on investments made by the customer in relation to the contract and in anticipation of a minimum number of applications.
15.2 JAGUMA does not enter an obligation of result. JAGUMA does not guarantee that its platform is always fully current, accurate, complete, usable, or suitable. Furthermore, JAGUMA does not guarantee that an (employment) contract will be concluded between people using the platform as applicants and an employer or JAGUMA customer.
15.3 JAGUMA is not liable if the availability of the platform is temporarily limited for technical or operational reasons. This might be the case due to capacity constraints, the security or integrity of data processing systems or the implementation of technical measures necessary for good or improved performance.
15.4 A careful backup of the JAGUMA servers is made regularly. Nevertheless, data loss cannot be excluded. If the Customer transfers or uploads data to JAGUMA – regardless of their respective form – JAGUMA recommends that the Customer makes backup copies. The Customer’s behavioral data is, however, kept anonymous to optimize JAGUMA’s services.
16. FORCE MAJEURE
In case of unforeseen events that substantially affect the economic aspect of a contract or in case of Force Majeure (both events are hereinafter referred to as “Force Majeure”), the contract shall either be adjusted accordingly and in good faith (e.g. the execution deadlines shall be extended by the duration of the Force Majeure) or it shall be terminated with immediate effect by JAGUMA. Force majeure includes but is not limited to: war, fire, terrorist attacks, server failures that are beyond JAGUMA’s control or caused by an inadequate communications infrastructure or a Customer’s inadequate software or hardware, interruptions in telecommunications networks, etc.
17. COMPETENT COURT AND APPLICABLE LAW
17.1 Belgian law shall always apply, to the exclusion of international treaties that would lead to the application of another legal system.
17.2 The Courts of Antwerp have exclusive competence for any dispute concerning the validity, interpretation, or execution of this agreement.