Sales Terms and Conditions

1. Applicability & Hierarchy

1.1. These Sales Terms and Conditions apply to all offers, quotations, agreements and paid services provided by BeJobs BV, with registered office at Bloemenlei 4, 2950 Kapellen, Belgium, registered under company number BE1018.896.215 (hereinafter referred to as “BeJobs”).

1.2. These Sales Terms and Conditions supplement the BeJobs General Terms and Conditions (hereinafter the “General Terms”), available via the website www.bejobs.be/termsandconditions

1.3. By entering into an agreement, signing a quotation, activating a subscription, placing an order, or using a paid service, the customer expressly agrees to both these Sales Terms and Conditions and the General Terms and Conditions.

Any general or specific terms and conditions of the customer shall not be enforceable against BeJobs unless expressly accepted in writing by BeJobs beforehand.

1.4. In the event of any conflict between these Sales Terms and Conditions and the General Terms and Conditions, these Sales Terms and Conditions shall prevail with regard to commercial, financial and contractual provisions.

02. Definitions

In addition to the definitions included in the General Terms and Conditions, the following definitions shall apply:

• “Customer”: any natural person or legal entity purchasing a paid service;
• “Credits”: prepaid rights allowing the publication of job vacancies;
• “Slots”: the number of vacancies that may be active simultaneously under a subscription plan;
• “Subscription”: an agreement with a fixed term granting access to specific services.

03. Nature of the ServicesNature of the ServicesNature of the Services

3.1. BeJobs provides a digital platform in the form of a Software-as-a-Service (SaaS) solution, as further described in the General Terms and Conditions.

3.2. The obligations of BeJobs shall be considered obligations of means. BeJobs expressly does not guarantee any result, including but not limited to:

• the number of applications;
• the number of views or interactions;
• the successful filling of vacancies;
• the number of candidates;
• the number of hires;
• the achievement of any specific conversion rate or return on investment.

3.3. The customer acknowledges that the operation of the platform depends in part on external factors, including user behaviour, market conditions and technological parameters.

04. Commercial Plans

04.1. GeneralGeneralGeneral

4.1.1. BeJobs offers various commercial plans, including but not limited to credit-based models, subscription plans and additional services.

4.1.2. BeJobs reserves the right to:

• modify plans and their content;
• adapt functionalities;
• optimise visibility and placement mechanisms;

without giving rise to any form of compensation.

4.2. Credit Model (Climb)Credit Model (Climb)

4.2.1. Under the credit model, the customer acquires a predetermined number of publications.

4.2.2. Credits (Publications):

• are valid for a period of twelve (12) months from the date of purchase;
• are strictly personal and non-transferable;
• are non-refundable, either in whole or in part.

4.2.3. Publications:

• remain visible in the “For You” feed for 60 days;
• receive a boost upon publication and are automatically repositioned at the top of the listing up to four (4) additional times.

4.2.4. Unused publication rights automatically expire at the end of their validity period without any compensation.

4.3. Slot Model (Flex)Slot Model (Flex)Credit Model (Climb)

4.3.1. The Flex plan is a subscription model with a fixed term of twelve (12) months.

4.3.2. The customer obtains the right to keep a specified number of vacancies active simultaneously.

4.3.3. Each vacancy must remain active for at least sixty (60) days before it may be replaced.

4.3.4. Publications:

• remain visible in the “For You” feed for 60 days;
• receive a boost upon publication and are automatically repositioned at the top of the listing up to four (4) additional times.

4.3.5. In the event of abuse, BeJobs reserves the right to:

• limit usage;
• suspend functionalities;
• terminate the agreement.

4.4 Additional ServicesAdditional ServicesAdditional Services

4.4.1. Additional services such as promotions, boosts and campaigns are provided on a temporary basis.

4.4.2. These services are provided without any guarantee regarding performance, visibility or results.

4.5 Right of Refusal

4.5.1. BeJobs reserves the right to refuse, suspend or remove vacancies, employer accounts, company profiles, campaigns or other content without prior notice.

4.5.2. This may occur, among other things, where the content:

• violates applicable laws;
• is discriminatory, misleading or fraudulent;
• infringes the rights of third parties;
• may damage the reputation or operation of BeJobs.

4.5.3. Such decisions shall not entitle the customer to any refund or compensation.

05.  Prices and Payment

5.1. All prices are exclusive of VAT unless otherwise stated.

5.2. Invoices are payable within fourteen (14) calendar days from the invoice date.

5.3. In the event of non-payment by the due date, the following shall automatically become due, without prior notice of default:

• late payment interest in accordance with the Belgian Late Payment Act;
• a fixed compensation fee of ten percent (10%) of the outstanding amount, with a minimum of €75.

5.4. In the event of non-payment, BeJobs reserves the right to:

• suspend access to the platform;
• take vacancies offline;
• block accounts;
• stop ongoing campaigns;
• declare all outstanding amounts immediately due and payable.

5.5. Insolvency

5.5.1. In the event of bankruptcy, liquidation, judicial reorganisation, suspension of payments or apparent insolvency of the customer, BeJobs shall be entitled to immediately suspend or terminate all services without prior notice of default.

5.5.2. All outstanding invoices shall become immediately due and payable.

06.  Price Changes

BeJobs reserves the right to adjust its prices at any time in response to economic circumstances, market developments, indexations and business needs.

07.  Refund policy

7.1. All purchases and payments are final and non-refundable.

7.2. This applies, among other things, to:

• credits;
• subscriptions;
• additional services.

7.3. Unused services shall under no circumstances give rise to a refund.

‍08.  Contract Term

8.1. Subscriptions are concluded for a fixed term of twelve (12) months.

8.2. Early termination by the customer shall not affect the customer's full payment obligation.

09.  Commercial Use

9.1. The customer undertakes to use the platform exclusively for legitimate purposes.

9.2. The customer is responsible for properly managing its vacancies, including taking them offline in a timely manner.

9.3. The customer guarantees that all vacancies, texts, images, logos and other content posted are accurate, lawful and up to date.

9.4. The customer is prohibited from using the platform for:

• discriminatory vacancies;
• spam or unsolicited communications;
• automated scraping or data mining;
• circumventing BeJobs’ commercial models;
• activities that disrupt the operation of the platform.

9.5. The customer shall fully indemnify BeJobs against any third-party claims arising from content supplied by the customer.

10.  Algorithm and Operation

10.1. BeJobs uses algorithms to determine the visibility, ranking and matching of vacancies.

10.2. BeJobs reserves the right to modify these algorithms at any time and without prior notice.

10.3. Such modifications are made to ensure optimal platform performance and improved matching between job seekers and employers.

10.4. The customer may not derive any rights from specific visibility or results.

10.5. The customer acknowledges that rankings, visibility, matching and recommendations may be fully or partially driven by algorithms, artificial intelligence or automated systems whose operation remains confidential.

11.  Intellectual Property and Non-Circumvention

11.1. All intellectual property rights relating to the platform, software, databases, algorithms, artificial intelligence, designs, documentation, trademarks, trade names and content of BeJobs remain the exclusive property of BeJobs.

11.2. The customer is granted only a limited, non-exclusive and non-transferable right of use during the term of the agreement.

11.3. The customer is prohibited from copying, reproducing, reverse engineering, commercialising or making any part of the platform available to third parties.

11.4. The customer is prohibited from using candidates or contacts obtained through the platform outside the platform for the purpose of avoiding fees.

11.5. In the event of a breach, BeJobs reserves the right to claim damages.

12.  Liability (Extended)

12.1. The liability of BeJobs is primarily governed by the General Terms and Conditions.

12.2. Without prejudice to the foregoing, BeJobs shall not be liable for:

• technical errors;
• interruptions of service;
• platform downtime;
• errors caused by external hosting providers or third parties.

12.3. BeJobs undertakes to make reasonable efforts to ensure continuity of the platform but cannot guarantee uninterrupted operation.

12.4. BeJobs shall not be obliged to provide any compensation, whether monetary or in kind (such as publication extensions), for downtime or technical disruptions.

12.5. In any event, the total liability of BeJobs shall be limited to the amount paid by the customer during the twelve (12) months preceding the event giving rise to the claim. BeJobs shall never be liable for:

• indirect damages;
• loss of profits;
• loss of candidates;
• loss of data;
• reputational damage;
• loss of commercial opportunities;
• consequential damages of any kind.

12.6. Force Majeure BeJobs shall not be liable for delays, interruptions or failures caused by force majeure, including but not limited to cyberattacks, internet outages, power failures, pandemics, strikes, war, governmental measures or failures of external suppliers.

13.  Termination and Cancellation

13.1. Cancellation by the customer must always be made by registered mail.

13.2. Cancellation shall under no circumstances entitle the customer to a refund of amounts already paid.

13.3. The customer remains responsible for managing and taking its vacancies offline.

13.4. Following termination, BeJobs reserves the right to retain content and data for up to thirty (30) days before deletion.

13.5. BeJobs may immediately terminate the agreement in the event of:

• non-payment;
• fraud;
• abuse.

13.6. Upon termination, all unused credits, publication rights and other usage rights shall automatically expire without compensation.

14.  Support, Complaints and Escalation

14.1. All questions, complaints or requests must first be directed to the official contact addresses listed on the BeJobs website.

14.2. BeJobs shall handle such requests within a reasonable period, taking into account their nature and complexity.

14.3. BeJobs is not bound by specific response times unless expressly agreed otherwise.

14.4. Complaints do not suspend payment obligations.

‍

15.  Privacy and Candidate Data

15.1. The customer remains solely responsible for the processing of personal data received through the platform.

15.2. The customer undertakes to comply strictly with all applicable privacy legislation, including the GDPR.

15.3. BeJobs shall not be liable for violations of privacy legislation committed by the customer.

16. Reference Use

Unless the customer objects in writing beforehand, BeJobs may use the customer’s name, logo and a general description of the cooperation as a commercial reference on its website, social media channels, presentations, investor documentation and marketing materials.

17. Electronic Evidence

Emails, electronic confirmations, log files, platform registrations, digital communications and BeJobs system data shall constitute valid evidence between the parties and may be used as proof of orders, delivery, usage and communications.

18. Final Provisions

18.1. These Sales Terms and Conditions form an integral part of the contractual relationship between the parties.

18.2. The customer confirms having taken note of and fully accepted the General Terms and Conditions.

18.3. This agreement shall be governed exclusively by Belgian law.

All disputes shall fall within the exclusive jurisdiction of the Enterprise Courts and Courts of Antwerp, Antwerp Division.

‍

‍