General
Article 1 – Definitions
ACCOUNT
The account that you can create as a Job Seeker or Employer via the Website of Horse and Work B.V. With an account, paid or not, you can use all functionalities within the closed part of the Website.
TERMS & CONDITIONS
This Terms & Conditions.
SERVICE
The services of Horse and Work B.V., including but not limited to the provision of Accounts via the Website to Users.
USER
A natural or legal person with an Account. This can be either a Job Seeker or an Employer.
HORSE AND WORK B.V.
Horse and Work B.V. is registered with the Chamber of Commerce under number: 93278942 in The Netherlands.
PARTY OR PARTIES
Horse and Work B.V. and Employer individually or jointly.
EMPLOYER
An a natural or legal person with whom Horse and Work B.V. has entered into an agreement. This also means that the Employer purchases a service from Horse and Work B.V.
Job Seeker (employee)
A natural person, including a self-employed person, who is not an Employer and who uses a Service of Horse and Work B.V.
WEBSITE
The Website: www.horseandwork.com is a platform where Job Seekers and Employers within the equestrian sector are connected. In short, an Employer posts a job advertisement to which the Job Seeker can respond.
Article 2 – Applicability
2.1 These General Terms and Conditions apply to all proposals, offers, quotations, assignments, services and other agreements between Horse and Work B.V. and the Employer, insofar as they relate to the Services of Horse and Work B.V. and no deviating terms and conditions have been declared applicable.
2.2 These General Terms and Conditions replace the General Terms and Conditions of an earlier date.
2.3 Any general terms and conditions of the Employer are not applicable and are expressly rejected by Horse and Work B.V.
2.4 If a provision of these General Terms and Conditions or the associated agreement is not valid, non-binding or in conflict with a provision of mandatory law, the other provisions of the General Terms and Conditions or agreement will remain in full force and effect. In mutual consultation between Horse and Work B.V. and the Employer, provisions that are not legally valid will be replaced by provisions that are as much as possible in line with the purport of the null and void or annulled provisions.
2.5 Agreements that deviate from these General Terms and Conditions are only binding if Horse and Work B.V. has expressly agreed to them in writing.
2.6 Provisions of these General Terms and Conditions that by their nature are intended to continue after termination of an agreement remain in force.
Article 3 – Derogations and amendments
3.1 If there is an agreed deviation from these General Terms and Conditions, it is only valid with regard to the agreement to which the deviation has been declared applicable. The employer cannot derive any rights from a previously agreed deviation for future agreements.
3.2 Horse and Work B.V. has the right to unilaterally change these General Terms and Conditions. Horse and Work B.V. will notify the Employer of a change, unless it concerns a non-significant change that is necessary for the business operations of Horse and Work B.V.
Article 4 – Conclusion of the agreement
4.1 All proposals, offers, quotations, assignments, services and agreements of Horse and Work B.V., as well as prices, fees and terms stated by Horse and Work B.V. are without obligation, unless explicitly stated or agreed otherwise.
4.2 The execution of the agreement will not take place until the User has completed all the steps in the online ordering process. In addition, it is possible that Horse and Work B.V. carries out this process on behalf of and on behalf of the user. In that case, Horse and Work B.V. will confirm this by e-mail. Note: Applicable when this is a different service than the services on the Website.
Article 5 – Execution of the agreement
5.1 The parties shall execute agreements and these General Terms and Conditions to the best of their knowledge, ability and in accordance with the requirements of good business conduct.
5.2 If, during the execution of the agreement, it appears that it is necessary to amend or supplement the agreement or general terms and conditions for the proper execution of the agreement, the Parties will consult on this in a timely manner.
Article 6 – Terms of payment
6.1 The Employer has the option of placing the amount of the invoice directly with the order by means of an iDEAL, credit card or similar payment service. All rates are in euros and must be increased by VAT, unless expressly stated otherwise.
6.2 In exceptional cases, an invoice can be paid in arrears. The employer is at all times obliged to pay every invoice submitted by Horse and Work B.V. within 14 calendar days of the invoice date. If an invoice is not paid within this period, the Employer will be in default by operation of law from that moment on without notice of default and will owe interest of 1% per month, whereby part of a month is counted as a full month. The Employer is not permitted to suspend payment or set-off.
6.3 All costs of collecting the outstanding invoices will be borne in full by the Employer. The compensation for extrajudicial costs is set at a minimum of 15% of the principal amount due excluding interest with a minimum of € 250, =(two hundred and fifty euros) per claim. As soon as legal assistance is invoked by Horse and Work B.V. or by the third party entitled to receive the payment, or as soon as legal assistance is invoked by Horse and Work B.V. or that third party for collection, or the claim has been handed over by Horse and Work B.V. or that third party for collection, this fee will be charged without any further evidence and will be owed by the Employer. If the actual costs are higher than 15%, Horse and Work B.V. or the third party is entitled to charge these actual costs.
6.4 In the event of default on the part of the Employer, Horse and Work B.V. is entitled to suspend its Services. The employer is also obliged to pay outstanding invoices during this period of suspension. In addition, Horse and Work B.V. has the right to terminate the agreement with the Employer with immediate effect or to discontinue the Service if the Employer is in default with regard to any invoice. Horse and Work B.V. can never be held liable for damage resulting from the termination of the agreement, suspension or discontinuation of the Service on the basis of this article.
6.5 Claims arising as a result of immediate termination pursuant to clause 6.3 shall be immediately due and payable without further notice of default being required.
6.6 In the event of liquidation, bankruptcy, suspension of payment of the Employer or if an attachment has been levied against the Employer, the claims of Horse and Work B.V. against the Employer are immediately due and payable.
Article 7 – Liability and indemnification
7.1 Horse and Work B.V. makes every effort to provide the Service properly. If the Employer is of the opinion that Horse and Work B.V. does not comply with this obligation, the Employer must – no later than one month after the occurrence or after the damage becomes known – submit a written complaint to Horse and Work B.V. and demonstrate that the damage is the direct result of an attributable shortcoming on the part of Horse and Work B.V., before any right to compensation arises from the Employer. This complaint can be sent by post or by e-mail to the contact details provided on www.horseandwork.com.
7.2 Any liability of Horse and Work B.V. to compensate the Employer for damage is limited to a maximum of 20% of the Employer’s rate applicable to the agreement. In addition, the liability of Horse and Work B.V. is limited to two cases per financial year. This maximum will lapse if there is intent or deliberate recklessness on the part of Horse and Work B.V.
Liability of Horse and Work B.V. for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption, is excluded in all cases.
7.3 In any case, Horse and Work B.V. does not fall short of the Employer and is not obliged to compensate any damage if the shortcoming or damage is directly or indirectly the result of: (i) improper use of the Website by the Employer, (ii) the inaccessibility of or delays in the operation of the Website, (iii) incorrect, incomplete or not up-to-date information on the Website, (iv) viruses or other harmful software, (v) that Horse and Work B.V. is unable to provide the Service or can no longer provide the Service in accordance with the General Terms and Conditions, (vi) damage caused by the Employer to a third party, and (vii) force majeure.
Article 8 – Intellectual property
8.1 Unless expressly agreed otherwise in writing, all intellectual property rights to works made available by Horse and Work B.V. are vested in Horse and Work B.V., including trademark rights, copyrights, image (photo and video) rights, design rights and trade name rights.
8.2 If applicable, the Employer only obtains a non-exclusive right of use limited to the duration of the agreement in relation to the works made available to the Employer.
8.3 The Employer is not permitted to reproduce, send, distribute, make available to third parties or reproduce the works made available by Horse and Work B.V. in any way whatsoever without the prior written permission of Horse and Work B.V.
Article 9 – Processing of personal data
9.1 The parties are obliged to treat personal data confidentially and to act in accordance with the General Data Protection Regulation (GDPR) and other applicable laws and regulations.
9.2 Each of the parties independently qualifies as a controller within the meaning of Article 4(7) of the GDPR. The Employer is independently responsible for the processing of the personal data provided to the Employer by Horse and Work B.V.
9.3 The Employer shall cooperate if necessary for Horse and Work B.V. to comply with legal obligations based on applicable privacy laws and regulations, such as if a Jobseeker submits a request to exercise his or her right to erasure (Article 17 GDPR).
9.4 The Employer indemnifies Horse and Work B.V. against any claim by third parties against Horse and Work B.V. in connection with a violation by the Employer of the provisions of this article and reimburses the related costs incurred by Horse and Work B.V.
Article 10 – Termination of the agreement
10.1 Any agreement concluded between the Parties shall be entered into for the period specified therein. Early termination is not possible, unless otherwise agreed.
10.2 Termination by the Employer of an agreement must be done in writing with due observance of a notice period (or via the termination button on the Website, if this is present). Unless otherwise agreed, a notice period of one month applies. The notice period will commence on the first of the month following written notice of termination by the Employer. This means that one month before the end of an agreement (subscription) must be terminated in writing. If this has not been done, the agreement (subscription) will be extended for the same period as the previous period under the conditions or rates applicable at that time. A fixed-term contract cannot be terminated prematurely. Cancellation of the Subscription or Service will in no case lead to a refund or settlement of (already paid) monies.
10.3 Horse and Work B.V. is entitled to terminate an agreement concluded between the parties prematurely with immediate effect if the Employer is in default with regard to any invoice in accordance with the provisions of Article 6.
10.4 Horse and Work B.V. can never be held liable for damage resulting from the unilateral termination of the agreement on the basis of this article.
10.5 Claims of Horse and Work B.V. that arise as a result of this immediate termination are immediately due and payable without further notice of default being required.
10.6 In the event that one of the parties becomes bankrupt, applies for a suspension of payments or ceases business operations, the other party has the right to terminate the agreement without observing a notice period, all while retaining rights.
Article 11 – Rates
11.1 For each agreement and the vacancy(s) agreed therein, the rates applied by Horse and Work B.V. at the time of conclusion of the agreement apply in each case. The specific rate also depends on the number of vacancies, whether or not you are posted on Social Media channels and/or the type of subscription.
11.2 Rates apply exclusively to vacancy material from the Employer. The Employer is not permitted to allow third parties to benefit from the rates and scales applicable to the Employer by combining the Employer’s vacancy material with third-party vacancy material. A third party within the meaning of this article is any natural and legal person other than the Employer. At the request of the Employer, Horse and Work B.V. may grant deviations from this provision. Horse and Work B.V. will, in any case, allow the Employer to combine vacancy material from third parties with vacancy material from the Employer for the application of the rates if the third party is a Group Company of the Employer.
11.3 Horse and Work B.V. is free to make deviating tariff and/or graduated agreements with the Employer, including tariff and graduated agreements based on an expected volume. Deviating tariff and/or graduated agreements can only be agreed in writing and are valid for a maximum of twelve (12) months, unless explicitly agreed otherwise. If the Employer does not achieve the volume on which such deviating agreements are based within the period set for this purpose or otherwise fails to comply with other conditions for the deviating rate and/or graduated agreements, Horse and Work B.V. is entitled to charge the standard rates and scales in accordance with its then applicable rate card(s) on the basis of subsequent calculation.
11.4 Horse and Work B.V. reserves the right to revise the rates and the related information on a rate card. If such a rate revision also applies to the assignments that have already been granted, insofar as they have not yet been placed or confirmed, the Employer has the right to cancel the part of the assignment that has not yet been placed or confirmed without additional payment.
11.5 All rates are in euros and must be increased by VAT and any other government levies, unless expressly stated otherwise.
Article 12 – Extension of the agreement
12.1 If the Employer wishes to extend the agreement at any time during the term of the agreement, the Employer may request Horse and Work B.V. to do so in writing or by telephone. To the extent that Horse and Work B.V. agrees to the extension, it will send the Employer an amended Assignment Confirmation.
12.2 The rate applicable to the extension referred to in the previous paragraph is the rate applied by Horse and Work B.V. at the time of the conclusion of the extension of the agreement. However, the original rate will continue to apply to the original amount of vacancy space.
Article 13 – Confidentiality
13.1 Horse and Work B.V. is entitled to place the name and logo of the Employer and its clients to whom services have been provided on the website and a reference list of Horse and Work B.V. and to make these available to third parties for information.
13.2 The Parties agree to keep all confidential information that becomes known to them during the performance and establishment of the Services, including price agreements, strictly confidential and to use such information exclusively for the contractually agreed purposes, unless otherwise agreed in writing. For the purposes of this provision, ‘confidential information’ means information, documents, data and data which is marked as such or which is to be regarded as confidential by its nature.
Article 14 – Miscellaneous
14.1 These General Terms and Conditions and the associated legal relationships, as well as all disputes arising therefrom, are exclusively governed by Dutch law.
14.2 All disputes will be submitted to the competent court in the district in Central Netherlands, unless a mandatory statutory provision prescribes otherwise.
Conditions
These terms of use apply at the time you create an account on the website of Horse and Work B.V. When creating an account you will be asked to agree to these terms of use.
You can create an account on the website of Horse and Work B.V. if you are a Job Seeker or Employer. With a Horse and Work B.V. account, you can use the platform for free as a job seeker. You can search for jobs and employers and apply directly to the employer. As an Employer, you can use your account to post vacancies, process applications and view statistics for a fee. In your own dashboard, you can manage your vacancies and your employer account.
PART 1: General
Article 1 – Definitions
ACCOUNT The account that you can create as a Job Seeker or Employer via the Website of Horse and Work B.V. With an account you can use all functionalities within the closed part of the Website.
USER A natural or legal person with an Account. This can be either a Job Seeker or an Employer.
TERMS OF USE This Terms of Use.
HORSE AND WORK B.V. Horse and Work B.V. is registered with the Chamber of Commerce under number: 93278942.
PARTY OR PARTIES Horse and Work B.V. and User individually or together.
EMPLOYER An natural or legal person who is not a Job Seeker and who purchases a service from Horse and Work B.V.
A natural person, including a self-employed person, who is not an Employer and who purchases a service from Horse and Work B.V.
WEBSITE The Website: www.horseandwork.com is a platform where Job Seekers and Employers within the equestrian sector are connected. In short, an Employer posts a job advertisement to which the Job Seeker can respond.
Article 2 – Applicability
2.1 These Terms of Use apply to the use of an Account by the User.
2.2 When creating an Account, the User is asked to agree to these Terms of Use. The User should therefore read these Terms of Use carefully.
Article 3 – Other conditions and changes
3.1 In addition to these Terms of Use, other terms and conditions may apply between the Parties, including conditions laid down in an agreement with the User, such as an assignment agreement with the Employer.
3.2 Horse and Work B.V. has the right to unilaterally change these Terms of Use. Horse and Work B.V. will notify the User of a change, unless it concerns a non-significant change that is necessary for the business operations of Horse and Work B.V.
3.3 When using the Account, the Terms and Conditions of Use applicable at that time as stated on the Website always apply.
Article 4 – The Account
4.1 The User’s Account is personal and non-transferable. The User is not permitted to create an Account in the name of another natural person or legal entity. Login details should be kept carefully and not provided. User is responsible for the actions performed with the Account. The User will report it to Horse and Work B.V. as soon as possible if the User is aware of unauthorized use of the Account.
4.2 The User is responsible for ensuring that the information that the User places in the Account is and remains correct, complete and up-to-date. Horse and Work B.V. is not obliged to check the information for accuracy, completeness and up-to-dateness. The User is not permitted to post discriminatory, insulting, misleading or otherwise inappropriate information within the Account. Horse and Work B.V. has the right, but is not obliged, to delete, change or supplement the information within the User’s Account at all times. The User indemnifies Horse and Work B.V. against claims in the context of the incorrect, incomplete, unlawful, improper or not up-to-date information on the Website.
Article 5 – Use of the Account
5.1 When using the Account, the User must comply with the law, the instructions of Horse and Work B.V. and these Terms of Use. Horse and Work B.V. has the right to delete the User’s Account without prior notice, in particular but not limited to the cases in which the User acts in violation of the law, the instructions of Horse and Work B.V. or these Terms of Use.
5.2 After creating an Account, Horse and Work B.V. may contact the User by telephone, e-mail or post about work-related matters, business messages or updating the Account.
5.3 Horse and Work B.V. is expressly not a Party to any agreement concluded between Jobseeker and Employer, nor to its formation. In addition, Horse and Work B.V. cannot guarantee that the Employer will enter into an agreement with the Jobseeker.
Article 6 – Intellectual property
6.1 The intellectual property rights to works accessible on the Website belong exclusively to Horse and Work B.V. or its licensors.
6.2 The User is not permitted to reproduce, send, distribute, make available or reproduce the works and information on the Website and on the social media channels of Horse and Work B.V. in any way whatsoever without the prior written permission of Horse and Work B.V. or to incorporate them in any other document or other material.
Article 7 – Accessibility and operation of the Website
7.1 Horse and Work B.V. makes every effort to ensure the accessibility and proper functioning of the Website. However, Horse and Work B.V. cannot guarantee that the Website will always be accessible and work properly. Horse and Work B.V. is expressly not responsible or liable for the non-availability or reduced accessibility of the Website. In addition, Horse and Work B.V. is not responsible or liable for reduced functionality of functionalities, viruses, malfunctions, security or the actions of the User himself or a third party engaged by the User. User uses the Account at his own risk. Liability of Horse and Work B.V. for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption, is excluded in all cases.
7.2 Horse and Work B.V. has the right to temporarily suspend the Website for the purpose of making adjustments or maintenance. In doing so, certain functionalities can be changed or removed.
7.3 The Website contains links to the websites of third parties. By means of a hyperlink, banner or button on the Website of Horse and Work B.V., a User may end up on the website of a third party. Horse and Work B.V. is not responsible or liable for the content of these websites.
Article 8 – Applicable law and competent court
8.1 These Terms of Use and the associated legal relationships, as well as all disputes arising therefrom, are exclusively governed by Dutch law. All disputes will be submitted to the competent court in the district in Central Netherlands, unless a mandatory statutory provision prescribes otherwise.
PART 2: Terms of Use for Job Seekers
Article 9 – Use of the Account by the Job Seeker
9.1 Part 1 of these Terms of Use applies to a Job Seeker with an Account.
9.2 Job seeker must be 16 years of age or older to create an Account. If Job Seeker is under the age of 16, the Website must be used under the supervision of a parent, legal guardian or responsible adult.
9.3 The creation of an Account is voluntary. Job seeker is not required to apply for a job or accept any offer of employment. In addition, Horse and Work B.V. is not obliged to offer Job Seekers vacancies or work.
9.4 The Job Seeker will only use the data of third parties that have been made public to him or her via the Website, including but not limited to the contact details of the Employer, for personal purposes and for the purpose of applying for vacancies. Jobseekers are not permitted to use data obtained through the Website for other purposes.
9.5 An Employer may access, take over and store personal data of Job Seekers. Horse and Work B.V. is not responsible or liable for the handling of personal data by Employers. In this context, employers are independently responsible for compliance with applicable privacy legislation.
Article 10 – Deletion of personal data
10.1 The Job Seeker may delete his or her Account at any time by logging in first. If the Account has been deleted and Job Seeker wishes to use the Website again in the future, Job Seeker will need to create a new Account.
10.2 The data in the Job Seeker’s Account will not be stored indefinitely. Therefore, the Job Seeker should ensure that any copies of the personal data contained in the Account are made.
10.3 For more information about how Horse and Work B.V. handles the personal data of Job Seekers, please see the privacy policy.
PART 3: Terms of Use for Employers
Article 11 – The Employer’s Account
11.1 Part 1 of these Terms of Use applies to the Employer.
11.2 By agreeing to the Terms of Use, the person creating the Account confirms that they are authorised to create an Account on behalf of the Employer, to use it and to agree to the Terms of Use.
Article 12 – Use of the Account by the Employer
12.1 The Employer is responsible for the quality, completeness and correctness of the information in (vacancy) texts and information provided by the Employer. Horse and Work B.V. reserves the right at all times to refuse the placement of vacancies or to change or remove the content or design of a vacancy that has already been posted at its own discretion, without this in any way leading to any right of the Employer to compensation. The reason for this may be, for example, that vacancies are in conflict with these general terms and conditions or the laws and regulations applicable in the Netherlands, or that there are technical objections, rejection of the content, nature, purport or form of the vacancies listed.
12.2 In the event that Horse and Work B.V. refuses or removes a vacancy on the aforementioned grounds, it is entitled to charge the Employer for the costs incurred by Horse and Work B.V. and lost income.
12.3 In order to maximize the reach of vacancies posted on the Website, Horse en Work B.V. may post the vacancies to third-party websites within its partner network and to its own social media channels (for a fee). Horse and Work B.V. may change the size and composition of this partner network at any time and at its own discretion. Vacancies posted on the Website may also be findable in search engines and “verticals”. It is not possible to exclude vacancies from this.
12.4 Where the service of Horse and Work also consists of promoting the vacancy of the Employer on its social media channels, it is important that the Employer ensures that the vacancy in question is up to date. The Employer is entitled to share the vacancy posted on the Website and the social media channels of Horse and Work B.V. on the Employer’s own channels, such as a website and social media channels.
12.5 The Employer shall ensure that the vacancies and its own Account are up-to-date. This means that the Employer will only post vacancies on the Website that are actually open at the Employer at that time. In addition, the Employer will not leave duplicate or outdated vacancies on the Website or use vacancies as a lead generator, lure or for Google optimization. The applications of Job Seekers will no longer be visible in the Employer’s Account 4 weeks after the vacancy is closed.
12.6 Horse and Work B.V. is not obliged to screen (vacancy) texts and other information originating from the Employer before they are placed on the Website.
12.7 The Employer shall fully indemnify Horse and Work B.V. against all possible claims by third parties on the grounds of non-compliance with the provisions of this Article 12 by the Employer. The Employer will also fully compensate Horse and Work B.V. for all damages, fines and costs that Horse and Work B.V. suffers in connection therewith.
Article 13 – Personal data of Jobseekers
13.1 The Employer treats all personal data of Job Seekers carefully and confidentially, and will only use this personal data in accordance with applicable privacy legislation and only for the purposes for which the data was provided to the Employer.
13.2 The Employer guarantees that it will only use the personal data of Job Seekers to fill its own vacancies, and that it will not use it for any other purpose than to help Job Seekers find a job.
13.3 The Employer is an independent controller with regard to the processing of personal data of Job Seekers and is therefore fully independently responsible for compliance with applicable privacy or GDPR legislation. The employer indemnifies Horse and Work B.V. against any resulting damage or liability, including fines.
13.4 The Employer shall fully cooperate with Horse and Work B.V. if necessary for Horse and Work B.V. to comply with legal obligations, including on the basis of privacy legislation, such as when a Job Seeker submits a request to exercise his or her privacy rights.
Article 14 – Terms of payment
14.1 The Employer makes use of a paid service offered by Horse and Work B.V. The Employer must pay the agreed amount due by means of an iDEAL, credit card or similar payment service directly at the time of ordering. All rates are in euros and must be increased by VAT and any other government levies, unless expressly stated otherwise.
14.2 In exceptional cases, an invoice may be paid in arrears. The Employer is at all times obliged to pay every invoice submitted by Horse and Work B.V. within 14 calendar days of the invoice date. If the Employer defaults on payment within the period of 14 days, the Employer is in default by operation of law. If no timely payment has been made, Horse and Work B.V. will remind the Employer of the default. If this does not lead to payment, the collection process can be transferred to a bailiff and collection agency. All judicial and extrajudicial costs, as well as statutory interest, will then be recovered from the Employer. The interest on the amount due and payable will be calculated per month from the moment that the Employer is in default until the moment of payment of the invoice. Part of a month will be counted for a full month.
14.3 In the event of default on the part of the Employer, Horse and Work B.V. is entitled to suspend the use of the Account. During the period of suspension, the employer is also obliged to pay the agreed amounts per period. Horse and Work B.V. is also entitled to terminate the Agreement with immediate effect or to discontinue the use of the Account if the Employer is in default with regard to any invoice. Horse and Work B.V. can never be held liable for damage resulting from the unilateral termination of the Agreement on the basis of this article.
14.4 If the Employer has not paid the amount due (invoice amount plus statutory increase and statutory interest) within forty-eight (48) days of the invoice date, Horse and Work B.V. is entitled to hide or delete the Employer’s Account.
14.5 In the event of liquidation, bankruptcy, suspension of payments or if attachment has been levied against the Employer, the claims of Horse and Work B.V. against the Employer are immediately due and payable.
DISCLAIMER
Horse and Work cannot be held responsible for the quality or quantity of candidates who apply.