Last updated: 20 July 2021
1. IamExpat Jobs Services
1.1 By purchasing, signing up for, or otherwise using the IamExpat job posting platform and related products and services (the “IamExpat Jobs Services”), you (the “Customer”) are entering into a legal binding agreement with IamExpat Media B.V. (hereafter “IamExpat”) and you further agree to be bound by the IamExpat website Terms of use, Privacy policy including where necessary the Data Transfer and Processing Terms and Conditions and Cookie policy.
1.2 In addition to section 1.1, additional terms may apply to specific features of the IamExpat Jobs Services. To the extent of any conflict between different agreements that you have with IamExpat, these IamExpat Jobs Services Terms and Conditions govern the use of the IamExpat Jobs Services.
1.3 The IamExpat Jobs Services allow your postings to be made available to IamExpat and enabled third parties websites and/or mobile applications (collectively, "Websites").
1.4 If you are accessing or using the IamExpat Jobs Services on behalf of a business or third party, you represent and warrant that you have the authority to do so and to bind that business or third party to these Jobs Services Terms and Conditions, and that your agreement to these Jobs Services Terms and Conditions will be treated as their respective agreement. In this event, IamExpat may hold you responsible for violations of this agreement by that business or third party, and "you," "your", "party" and “Customer” will also refer and apply to that business or third party.
2. Customer Responsibilities
2.1 You are responsible for (i) all postings and content submitted by or on your behalf through the IamExpat Jobs Services, including but not limited to the job descriptions, creatives, trademarks, images, URLs that comprise the job posts or content therefor (collectively, your "Job Posts"); and (ii) all content and property to which Job Posts may direct or redirect IamExpat website visitors ("Third Party Websites"). IamExpat will determine the size, placement and positioning of your postings.
2.2 You are responsible for any activity conducted through your IamExpat account, including any purchases made or charges incurred.
2.3 If you are using the IamExpat Jobs Services on behalf of a business, you agree that IamExpat may share information about your purchases and use of the IamExpat Jobs Services with that business, including its representatives and agents. If that business indicates that you are no longer authorised to place Job Posts on its behalf (e.g., if you leave that business or change roles within that business), you agree you may be removed from accounts associated with that business.
2.4 You may not resell or transfer access to the IamExpat Jobs Services to any other party.
2.5 Each Job Post must be for one job opportunity; it is not permitted for a Job Post to solicit applications for more than one position. For the avoidance of doubt, a Job Post may be used to recruit more than one applicant, using a singular job description.
2.6 You agree that (i) you will not, and (ii) you will not enable or authorise any third party, by virtue of the Job Posts, Third Party Websites, or use of the IamExpat Jobs Services to:
- Create Job Posts without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.
- Create Job Posts that intentionally misrepresent the job, hiring company, or recruiter.
- Fail to clearly disclose in any Job Post that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise non-traditional working conditions or compensation may constitute intentional misrepresentation.
- Create Job Posts for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based.
- Provide identifiable applicant resumé or application data to any other parties.
- “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting.
- Harass, stalk, or contact any applicant after they have asked not to be contacted.
- Create Job Posts for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.
- Solicit employees by intentional misrepresentation.
- Create Job Posts, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your state or country or the state or country where the job is to be performed.
- Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.
- Engage in illegal or fraudulent conduct.
- Use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from the IamExpat Jobs Services.
- Copy, modify or create derivative works of the IamExpat Jobs Services or any related technology.
- Create Job Posts that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the IamExpat Jobs Services or any device or system.
- Advertise or provide links to competitors of IamExpat (unless Customer itself is a competitor of IamExpat).
2.7 IamExpat may, in its sole discretion, modify, or terminate any part or all of the IamExpat Jobs Services or suspend your ability to use the IamExpat Jobs Services. IamExpat may reject or remove any Job Post at any time for any reason, regardless of whether or not such a Job Post was previously accepted.
3. Fees and Payment
3.1 When submitting a Job Post, order, or other purchase from IamExpat Jobs Services, you agree to pay the associated fees applicable at the time of submission including all applicable VAT, taxes, government charges and foreign exchange fees (collectively “Fees”) unless specifically agreed otherwise between you and IamExpat. All amounts paid are non-refundable. You remain responsible for any uncollected amounts. IamExpat may charge interest for any overdue amounts at the rate of the lesser of 1% per month or the lawful maximum. You agree to reimburse IamExpat for all collection costs for overdue amounts.
3.2 IamExpat uses Mollie, a third party service provider for processing payments for the purchase of IamExpat Jobs Services. IamExpat will never store your payment details. Please review Mollie’s Privacy Statement for information on how Mollie processes your payment details.
3.3 IamExpat may periodically change the fee structure.
4. Intellectual Property Rights
4.1 You grantIamExpat a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your Job Posts in connection with the performance of the IamExpat Jobs Services (including for marketing and promotional purposes). You represent and warrant that you own or have all the necessary rights (including intellectual property rights) to your Job Posts (including to grant the license above).
4.2 If you choose to provide suggestions or feedback to IamExpat about the IamExpat Jobs Services, you agree that IamExpat can (but does not have to) use and share such feedback for any purpose without compensation to you. IamExpat reserves all of its intellectual property rights in the IamExpat Jobs Services and Websites belonging to IamExpat.
5. Data and Privacy
5.1 Each party will comply with applicable laws, self-regulatory rules, industry rules and governmental requirements (collectively, "Applicable Law") relating to the IamExpat Jobs Services Terms and Conditions including privacy and security laws (e.g., the EU Data Protection Directive 95/46/EC and EU Directive 2002/58/EC, each as amended and implemented in various EU countries). Without limiting the generality of the foregoing, each party will prominently post a complete and accurate privacy policy on their Websites.
5.2 You may use information resulting from the IamExpat Jobs Services ("IamExpat Jobs Services Data") only on an aggregate and anonymous basis to assess the performance and effectiveness of your applicant search using the IamExpat Jobs Services and to optimize your applicant search. You agree to use reasonable measures to protect the confidentiality of IamExpat Jobs Services Data and to use appropriate security safeguards to protect IamExpat Jobs Services Data in accordance with industry standards. You may share IamExpat Jobs Services Data only with someone acting on your behalf, provided that you are responsible for ensuring their respective compliance with these Terms and Conditions and for limiting their respective use of the IamExpat Jobs Services Data on your behalf. Without limiting the foregoing, you shall not (i) sell the IamExpat Jobs Services Data; (ii) combine the IamExpat Jobs Services Data with any data obtained by or on behalf of another employer; or (iii) except for use solely on your own behalf in a manner that does not identify the IamExpat Jobs Services Data as associated with IamExpat, transfer any IamExpat Jobs Services Data (including anonymous, aggregate, or derived data) to any job search service, job board, data broker or other monetization related service.
6. Disclaimer of Warranties
To the maximum extent allowed under law, IamExpat disclaims all warranties regarding the IamExpat Jobs Services, including but not limited to any warranty (a) about the accuracy of any applicant information (including but not limited to job applications, applicant identities, recommendations, connections and/or references); (b) concerning the rate at which your Job Posts become available on the Websites; (d) concerning the results of your applicant campaigns and other uses of the IamExpat Jobs Services; or (e) that the IamExpat Jobs Services will be uninterrupted or error-free.
7. Indemnity
Notwithstanding any review or approval of any Job Post by IamExpat, you agree to indemnify and exempt IamExpat from any damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims or proceedings, arising from or related to your Job Posts, use of the IamExpat Jobs Services, any applicant hiring or other related employment decisions, and breach of these IamExpat Jobs Services Terms and Conditions.
8. Limitation of Liability
8.1 To the fullest extent permitted by law, neither party (including its respective affiliates where applicable), will be liable to the other in connection with the IamExpat Jobs Services Terms and Conditions for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.
8.2 Neither party’s liability will be limited for (i) payment; (ii) indemnity, (iii) liability for fraud, gross negligence or intentional misconduct; or (iv) violation of the other party's intellectual property rights.
8.3 In case of an event resulting in IamExpat liability in connection with the IamExpat Jobs Services Terms and Conditions, IamExpat’s liability will be limited to an amount equalling the prorated fees paid or payable to IamExpat for the Job Post(s) affected by the event that gave rise to the liability.
9. General
9.1 The IamExpat Jobs Services Terms and Conditions do not create a partnership, agency relationship, employer relationship or joint venture between the parties.
9.2 IamExpat may change or update the IamExpat Jobs Services Terms and Conditions by notice to you (for example, by a notice displayed in the IamExpat Jobs Services, email, text message or mail), and both parties agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using the IamExpat Jobs Services.
9.3 The following provisions of the IamExpat Jobs Services Terms and Conditions survive its termination: Sections 2 through 4, as well as Sections 7 through 9.
9.4 If an issue arises under the IamExpat Jobs Services Terms and Conditions (including non-contractual disputes or claims), these Jobs Terms and Conditions are governed by the laws of the Netherlands and any action or proceeding (including those arising from non-contractual disputes or claims) related to the IamExpat Jobs Services Terms and Conditions will be brought before the competent courts in Amsterdam, the Netherlands.