Terms & Conditions
Last update of Terms of Service: 2022-09
Article 1: Applicability
These terms of service (“Terms”) constitute the agreement (“Agreement”) between Funded.club BV, a Dutch limited liability company, located at Brouwersplein 8, 2013PE in Haarlem, registered at the Dutch Trade Register with number 63083809 (hereafter “we”, “us” or “Funded.club”) and any legal entity that uses our services (“you” or “Customer”). The Customer and Funded.club are hereafter together referred to as the “Parties”. These Terms also apply to individuals that register their profile on job boards offered by Funded.club (the “Candidates”).
Article 2: Our Services
2.1 Funded.club offers several online recruitment services, such as outsourced recruitment of necessary staff where Funded.club searches for and screens suitable Candidates, advertised job board listings for which Candidates can apply, as well as providing Customers referrals to partners for funding. All of the above service types are hereafter referred to as our “Services”, each of which has their own set of functionalities that are detailed on our website (“Service Description”). Please note that we can modify our Services from time to time.
2.2 When selecting a requested Service, you will receive an email with a proposal (“Proposal”), and in case of a paid Service also an invoice, which forms an integral part of the Proposal. After your acceptance of the Proposal and payment of the invoice, the Agreement comes into effect.
Article 3: Fees
3.1 The applicable fees for the provision of the relevant Service (“Fees”) are set out in the Proposal and the invoice, unless Parties have agreed on a different fee structure as further specified in the Proposal. The Fees are exclusive of VAT, are paid in advance and will be billed and collected by Funded.club via online payment or by invoice and bank transfer.
3.2 We may reasonably adjust the applicable Fees in writing, observing a notice period of at least one (1) month. If you do not agree with the Fee adjustment, you are entitled to terminate the Agreement within thirty (30) days after our notification of the adjustment, which termination shall take effect on the date on which the new Fees would take effect.
Article 4: Intellectual Property
4.1 The Customer and/or the Candidate acknowledge and agree that the provision of the Services does not include the sale, grant or transfer of any intellectual property rights (including but not limited to copyrights, patents, trademarks, trade names and database rights and/or similar rights) (“IPR”). Funded.club or its licensors shall retain all IPR in and to all the Services made available to you under the Agreement.
4.3 As a Customer and/or Candidate, you are responsible that all data you submit when using our Services is lawful and correct. You can be held liable for all interruptions, delays and other issues that are caused by errors or viruses contained in or linked to such data. You shall indemnify us and hold us harmless against any action or allegation that our use and/or incorporation of that data infringes any third party rights.
4.4 If a third party asserts that the data used or provided by you in our Services violates their intellectual property rights, we reserve the right to ask you to remove the allegedly infringing item. If you fail to do so within a reasonable period of time, we may suspend or terminate the Agreement.
Article 5: Availability and Maintenance
5.1 Funded.club shall use commercially reasonable efforts to make the Service available, unless access to the Service must be suspended due to maintenance of the software or systems of Funded.club or of a third party appointed by us. You agree that Funded.club in no way warrants a certain level of availability.
5.2 The Service is provided to you as described on the website and in the Proposal. Funded.club has no obligation to modify or add functionalities to the Service. However, Funded.club may make new applications, tools, features or functionalities available for the Service from time to time, the use of which may be contingent upon Customer’s agreement to additional terms.
5.3 Funded.club may make commercially reasonable updates to the Services and may modify Service functionalities or features at any time, provided that such updates and modifications do not materially deteriorate the agreed functionality of the Service. Funded.club will not be liable to Customer or any third-party for any such update or modification.
5.4 It may be necessary for Funded.club to perform (un)scheduled repairs or maintenance, or patch or upgrade the Service, which may temporarily halt access to, degrade the quality or result in a partial or complete outage of the Service. Although Funded.club cannot guarantee that you will receive advance notice of repairs or maintenance, Funded.club will endeavor to provide reasonable notice of scheduled repairs and maintenance.
5.5 Funded.club may suspend all or part of the Services or the access to or use of personal data stored in the Service (i) if Customer fails the payment obligations for three (3) calendar days or more; or (ii) upon receipt of a subpoena or law-enforcement request; or (iii) when Funded.club has a commercially reasonable belief that Customer has breached these Terms or the Agreement, or that Customer’s use of the Service poses an imminent security risk or may subject Funded.club to liability. Funded.club will use commercially reasonable efforts to give Customer 72 (seventy-two) hours notice of a suspension unless Funded.club determines in its commercially reasonable judgment that a suspension on shorter or contemporaneous notice is necessary to protect our business operations. Customer shall not set off or suspend any payment as a result of a suspension.
Article 6: Support
If as a Customer you have questions regarding or problems accessing or using the Service, you can reach Funded.clubSupport by email during office hours in CET via our Contact page. We will respond to you within a reasonable time and will use our commercially reasonable efforts to answer the query or solve the problem. Support priority may be dependent upon the Service, as detailed in the Proposal or Service Description.
Article 7: Security
Funded.club has implemented several (technical and organizational) security measures to protect your information against loss, misuse and unauthorized access, alteration, disclosure or destruction. All information transferred between you and us, or between you and other users, is shared with us only on a need to know basis (e.g. to help you retrieve access to your account), and is treated as strictly confidential. As a Customer, you can request a summary of our security measures via our Contact page.
Article 8: Privacy
For the provision of the Services, Funded.club can be required to process personal data. For Customers and Candidates, more information on how Funded.club meets its requirements under data protection legislation and how to exercise data protection rights can be found in our Privacy Statement.
Article 9: Limited representation
9.1 We do certain checks of or reviews on the content linked to our Service and we have a limited obligation to verify Candidate profiles. We only make representations or warranties in that respect if stated in the Proposal. Candidate profiles submitted through our job board are explicitly not reviewed by Funded.club.
9.2 You warrant that the content you supply for our Service is not defamatory, obscene, pornographic, offensive, indecent, threatening, intimidating, hateful, objectionable or in any way unlawful and does not infringe any third party rights.
9.3 As a Candidate, you are obligated to provide truthful and complete information when completing a candidate profile.
9.4 Should you notice anything regarding (the content of) our Service that violates these Terms, please notify us immediately via our Contact page.
Article 10: Rules of Conduct
10.1 We respect your rights and require that you respect our rights and those of third parties. You agree that you and your Users are not allowed to use the Service to infringe on any rights, including privacy or IPR or to promote, enable or facilitate others to infringe on any (third party) rights. In addition, you and your Users agree not to: (a) impersonate or pretend affiliation with any person or entity; or (b) access any non-public areas of our website or Service without authorization; or (c) spread viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose; or (d) attempt to probe, scan, compromise, test, decompile, reverse engineer, similarly analyze or bypass any part of the Services, including the security thereof, or any related services.
9.2 It is the sole responsibility of the Customer, respectively the Candidate, to create, manage and remove Users in the account for the Service. Any actions or omissions by Users of the Service that have received access through you are deemed to be actions and omissions of the Customer or Candidate. You and your Users agree to safeguard your account information and access credentials..
Article 10: Confidential information
We reserve the right to disclose any confidential information in so far necessary (i) to meet a court order, (ii) to abide by any applicable law, regulation or governmental request, (iii) to safeguard national security, defense, public security or public health and (iv) to meet our obligations to you under this Agreement.
Article 11: Term
11.1 This Agreement shall enter into effect on the date of receipt of payment connected with a Service and for the period of time as set out in the Proposal or invoice.
11.2 Based on your selection of the Service, the initial term of paid plans is either i) for the duration of a specific search in the case of a fully-managed service, or ii) for 30 (thirty) days in the case of individually paid job posts or iii) for an indefinite period in the case of monthly subscriptions for job posting.
Article 12: Termination
12.1 Parties can solely terminate the Agreement for convenience as set out in these Terms or the Proposal.
12.2 Notwithstanding our rights to suspend the provision of the Services instead, Funded.club may terminate the Agreement for convenience with immediate effect, without any notice period being required and without being liable for any damages as a result of the termination, if:
(i) the Customer fails to provide payment for an agreed Service, including monthly recurring payments for job advertising; or
ii) the Customer is in default or negligent in the performance of its duties and obligations pursuant to this Agreement, and has not remedied such non-performance within 14 (fourteen) days after having been notified in writing; or
(iii) the legal entity of the Customer has been dissolved or liquidated, is in dissolution or liquidation, or has been granted suspension of payments, or has been declared bankrupt; or
(iv) the Customer in the sole opinion of Funded.club breaches any any rules of conduct as set out in Article 10 of the Terms; or
(v) In the sole opinion of Funded.club, Customer’s continued use of the Services would cause a tangible risk of harm or loss to Funded.club’s business reputation or company operations.
Article 13: Effects of Termination
In the event of termination of this Agreement for any cause: the rights granted by one party to the other under this Agreement will immediately cease; all Fees owed are immediately due upon receipt of the final electronic bill; no obligation to undo exists for the Parties.
Article 14: Force Majeure
14.1 No failure or omission in the performance of any obligation under the Agreement by either of the Parties shall be deemed a breach of the Agreement or create any liability if the same arises on account of force majeure, including but not limited to governmental measures, faults affecting the internet and other networks and/or electricity, war, and riot. Force majeure on the part of Funded.club shall include a situation of force majeure encountered by Funded.club’s own suppliers or contractors.
14.2 Without affecting any payment obligations pursuant to these terms and conditions, if a situation of force majeure lasts for longer than three months, both Parties shall be entitled to terminate the Agreement without liability. In this case, you are entitled to remuneration of the Fee on a pro rata basis for the amount of Services received.
Article 15: Liability
The Services are provided on an “as is” and “as available” basis. Funded.club makes no representation or warranty of any kind, express or implied, regarding the content, availability or use of our Service, or that it will be error-free or that defects will be corrected. Funded.club shall not be liable to you or to any third party for any kind of damages (direct or indirect) or losses, including without limitation, damages for loss of goodwill, lost sales or profits, business interruption, production failure, loss of data, claims from third parties, fines by any supervisory authority or otherwise, except for damages and losses arising from gross negligence and/or wilful misconduct. Funded.club’s liability for any and all claims for damages arising out or in connection with the Services and the access, application and use thereof, shall under no circumstances exceed the Fees paid by you to use the Service during the six (6) months prior to the event that led to the damages incurred. If a yearly Fee is paid, said total liability of Funded.club shall not exceed 50% of the current yearly Fee paid by you. Any claim for damages needs to be filed within 90 (ninety) days after discovery, after which Funded.club will no longer be bound to the above mentioned liability provision.
Article 16: Modifications to the Terms
Funded.club reserves the right to periodically amend these Terms. When we update these Terms, we will notify Customers via email and we will post the up to date version on our website.
Article 16: Miscellaneous
16.1 If any provision of the Agreement is deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Any such unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
16.2 This Agreement is governed by Dutch law. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to this Agreement will be the courts located in Amsterdam, the Netherlands.