General and Special Conditions X-EQUO Werving & Selectie & Detachering B.V.
Terms and Conditions
1.1 These General and Special conditions shall be understood to mean:
A} X-EQUO: X-EQUO Werving & Selectie & Detachering B.V., also acting under the names X-EQUO Holding B.V., X-EQUO Interim Management, X-EQUO Credit Management, X-EQUO Consultancy, X-CIUM, X-CIUM Werving & Selectie & Detachering, X-CIUM Interim Management, X-CIUM Consultancy based in Den Haag on the Guirlande 144, represented by mr. G.H. Harsveld.
B} Client: The natural and/or legal person who enters into an agreement with X-EQUO.
2.1 Agreements are entered into by X-EQUO exclusively under the General and Special conditions of X-EQUO. Of these General and Special conditions deviating terms or agreements are only legally valid insofar as they are confirmed in writing and expressly by X-EQUO. General and Special terms and conditions of the principal, to which the principal refers in any way whatsoever, shall be set aside by the terms of X-EQUO, unless these conditions are expressly confirmed by X-EQUO in writing and explicitly.
3.1 If the client does not meet his or her payment obligations to X-EQUO in by the right time or not in due time or otherwise, and in case of (provisional) moratorium of payment or bankruptcy or liquidation of the company of the client, or if the client omits his obligations from any agreement with X-EQUO, arises for X-EQUO the following right. In that case, X-EQUO unconditionally has the right, without notice of default or judicial intervention, to terminate the agreement with the client by a written notice to the client and also to provide its services end.
3.2 Such termination shall not entitle the client to claim compensation or restitution of any performance he has performed.
Rates and fees
4.1 All rates and/or fees mentioned in agreements between X-EQUO and the client are at the date of date applicable rates and/or fees.
4.2 The rates and/or fees apply only to the service referred to in the agreement. All additional services provided by X-EQUO will be charged separately at the rates and/or fees as applicable on the day of the service.
4.3 All rates and/or fees mentioned in the agreements are excluding VAT. Payments must be made including VAT, if this is shown in the invoice.
5.1 Payments are to be made without any discount by crediting to a bank account specified in the invoice or separately and in writing by X-EQUO in the name of X-EQUO. Unless otherwise provided by the agreement, the amounts invoiced by X-EQUO must be paid within fourteen days of the invoice date.
5.2 Objections to (the amount of) an account must be let known in writing to the central administration of X-EQUO within fourteen days after date of the account. Objections to (the level of) an account or complaints relating to any performance of X-EQUO shall never suspend the payment obligation set out in article 5 paragraph 1.
5.3 If, when making a payment, the client does not expressly indicate the delging of the debt to which he has been made, X-EQUO irrevocably has the right to charge the payment made by the client to the deemed by X-EQUO fault of the client to X-EQUO.
5.4 If the client has not paid the invoice sent by X-EQUO within the specified term of payment, the client shall owe X-EQUO an interest of 1 per month on the outstanding amount by invoice date, whereby a part of one month for an entire month, without the requirement of summons or notice of default.
5.5 If The client does not (duly) fulfil his/her obligations towards X-EQUO, all X-EQUO costs incurred in or out of court for the account of the principal, on the understanding that the extrajudicial costs are payable on 15 of the payment by the principal, with a minimum of €160.
5.6 All accounts must be paid by the client without discount, withholding or settlement.
6.1 Except where and to the extent that these General or applicable Special conditions have been determined, X-EQUO not be liable for any loss or damage arising out of, by or in connection with the agreement, whether or not this loss or damage has been suffered by the client or by third parties.
6.2 In respect of damages suffered by the client, X-EQUO only accepts liability for intentional and Gross fault of X-EQUO.
6.3 The client shall keep X-EQUO of all claims by third parties that lead or might lead to that the liability of X-EQUO in these General terms and Conditions or in the Applicable special conditions the limits laid down.
6.4 The liability of X-EQUO is in any case limited by contract or per event to the relevant contract sum.
7.1 Any disputes which may arise between X-EQUO and the client in response to an existing agreement, including the disputes which are considered by one party as such, shall be to the extent permitted by law, the judgment of the ordinary judge is subject to The Hague.
7.2 If the client considers a dispute and wishes to commence it, he shall make this in writing with all descriptions of the dispute and informs X-EQUO about this.
7.3 The possibility of making any legal action or bringing any dispute in this respect or following an agreement between the parties shall lapse for the client after two years after the the reason for this has arisen.
8.1 Agreements between X-EQUO and the client are governed by Dutch Law.
Part I; Special Conditions recruitment & selection.
Part I of the Special conditions applies to the provision of recruitment and selection activities in the context of fulfilling a vacancy of the client.
1.1 Working hours: hours on which work is performed (normally) by the candidate or would be performed.
2.1 X-EQUO accepts no liability whatsoever for damage, in any form whatsoever, which the client may suffer as a result of the default or tort of the candidate or candidates selected or examined by the client. Notwithstanding the foregoing, liability of X-EQUO to the principal shall be limited to the maximum amount of the agreed or declared fee.
3.1 The principal shall owe X-EQUO for the fees payable by his services as agreed between them or in any case 40% of the candidate to be exercised in respect of his duties and working time and such customer rate over 520 working hours.
4.1 Costs incurred by third parties to X-EQUO which result from the performance of the activities mentioned in the introductory part of these Special conditions, such as the cost of advertisements and the remuneration to the candidate, shall always be charged to the client, unless otherwise agreed in writing.
Direct employment relationship
5.1 If the client has been proposed by X-EQUO to the client within three months of the submission of a candidate and has not been employed by that same client, either directly or through third party(s) an employment relationship with the previously not engaged candidate, that client owes to X-EQUO a remuneration as follows. The remuneration is 40% of the customer rate, which would have been applicable to the candidate in question, having regard to his duties and working time and the like, if the employee or applicant had been adopted by X-EQUO, on a period of 520 working hours. The afore mentioned sum is suddenly and immediately claimable.
Part II; Special Conditions Secondment
Part II of the special conditions shall apply to the provision of staff by X-EQUO to the client (s) for the purposes of this principal (s), to carry out activities under the direction and supervision of the same client (s).
1.1 All offers and services are subject to the express condition that X-EQUO directly or indirectly assumes any liability whatsoever for the conduct of employees posted by it, shown to third parties or the client and/or persons employed by or for the client. Behaviour is partly understood to mean the provision of improper work and/or the entering into any commitments by the employee.
1.2 The client is obliged to set up and maintain the workplace, tools and utensils in which he performs the tasks in such way, as well as to make arrangements to carry out such activities, and provide directions to the employee who is made available by X-EQUO and is protected from danger of body, virtue and good. The client expressly acknowledges the legal provision of article 7:658 (4) BW, which allows him to carry out work in the performance of his profession or business by a person with whom he has no employment contract in accordance with the provisions of paragraphs 1, 2 and 3 of that article and will be shall be responsible for the damage suffered by the person in the performance of his work.
1.3 The client is also obliged to X-EQUO as well as to the employee who is made available by X-EQUO, to provide information on the requested time before commencement of the work. Professional qualification, and providing X-EQUO with a document specifying the specific characteristics of the workplace.
1.4 Furthermore, the client is obliged to ensure that a report is drawn up in the event of a business accident occurring on the employee. It lays down the circumstances of the accident so as to ensure that there is a reasonable degree of certainty as to whether and to what extent the accident is the result of insufficient measures to prevent accidents such as why it goes in the given case.
1.5 If the client fails to fulfil this obligation, he shall be obliged to the employee made available by X-EQUO to compensate for the damage which the latter has suffered as a result of the performance of his duties, unless the the client furnishes proof that such breach of force majeure or damage can be known to a significant degree in intentional or deliberate recklessness of the employee.
1.6 The client shall compensate the employee for all damages (including the actual cost of legal aid) that the worker suffers from by a worker belonging to the employee and which he is responsible for in the course of the work entrusted to him damaged or extinguished.
1.7 The client is obliged to comply with X-EQUO all obligations as referred to in the preceding paragraphs and shall at any time hold X-EQUO against claims and any related costs, including the actual costs of legal aid against X-EQUO was made in respect of the non-performance of any such obligation, without prejudice to any other (claim) rights of X-EQUO towards the client.
1.8 The client is obliged to ensure adequate insurance against liability under the provisions of this article.
2.1 The contract for an indefinite period may be terminated by both parties at any time, unless it has been agreed in writing that termination is temporarily excluded as referred to in paragraph 2. below.
2.2 In the contract for an indefinite period, this right of termination may be excluded for a given and/or for a determinable time.
2.3 The contract for some time cannot be terminated in the interim, unless it has been agreed in writing that interim termination is allowed.
2.4 If (interim) termination of the contract is possible, it must always be terminated in writing with the taking into account the following notice periods: If the secondment has lasted less than two months, one calendar day must be observed and if the secondment has lasted two months or more, eight calendar days be observed.
2.5 It may also be agreed that the notice period of the contract is at any time 14 calendar days. In that case, the notice period of the posting is also fourteen days.
2.6 If the client does not, or does not fully comply with the notice periods set out in paragraphs 4 and 5, the the client to comply with the agreed customer rate that he would be owed if he had the aforementioned notice period was correct and/or fully complied with.
Compensation when entering into a direct employment relationship with an X-EQUOavailable Employee .
3.1 If the client, during a contract which is at that time withdrawable with an X-EQUO secondment employee within 520 working hours after the commencement of the posting of that employee directly or through a third party (s), the client shall, under a claim for compensation, X-EQUO 40% of the customer rate for the period from the date of entering into the aforementioned employment relationship until the time of the expiry of the period of 520 hours referred to in this article.
3.2 If, in the course of a contract, the client is not withdrawable at that time with the employed worker directly or through a third party (s), the client shall reimburse the customer rate for the period from the commencement of the employment relationship to X-EQUO 40% until the time that the contract has elapsed by the expiry of the fixed of an objectively identifiable event would have ended, or until the first possible time at which the could have been cancelled, with a minimum of 520 working hours.
3.3 If the client enters into an employment relationship with the employee directly or through third (s) within 6 months of termination of the secondment of the worker and who are not more than 520 working hours, the principal shall owe to X-EQUO a fee of 40% of the customer rate over 520 working hours. This provision shall remain outside the scope of this employment relationship has already been applied or should be given to the provisions of paragraph I 3.1 and I 3.2.
3.4 If the intervention of X-EQUO A (possible) employee has been proposed to a possible client and that possible client with that (possible) employee directly or via third (n) an employment relationship concerns before the order is made, that possible client is owed to X-EQUO a fee as follows. That fee is 40% of the customer rate which would have been applicable to the (possible) employee in view of his function and working time and the like, if the contract had been established, over a period of 520 working hours.
3.5 The sums mentioned in the preceding paragraphs are suddenly and immediately payable.
Compensation for a direct employment relationship with a secondment worker
4.1 If the client, during a contract which is at that time interim withdrawable with an X-EQUO ter employee within 1040 working hours after the commencement of the posting of that employee directly or through a third party (s), the client shall, under a claim for compensation, X-EQUO 40% of the customer rate for the period from the date of entering into the aforementioned employment relationship until the time of the expiry of the period of 1040 hours referred to in this article.
4.2 If, during a contract which is not withdrawable at that time, the client is directly or through third party (s) enters into an employment relationship with the employee made available by X-EQUO, the client shall reimburse X-EQUO 40% of the customer rate for the period from the commencement of the direct employment relationship until the time that the contract was terminated by the expiration of the fixed time or the onset of an objectively identifiable event with a minimum of 1040 working hours.
4.3 If the client directly or through third party (s) enters into an employment relationship within three months termination of the secondment of the employee made available by X-EQUO, the client shall owe X-EQUO a fee at 40% of the customer rate over 1040 working hours. This provision shall not apply if this employment relationship has already been applied or should be given to the provisions of paragraphs 1 and 2 of this article.
4.4 If a secondment employee has been presented to a possible client by the intervention Of X-EQUO and that possible client with that secondment employee directly or through third (n) an employment relationship before the order is made, that possible client is owed to X-EQUO a fee as follows. That fee is 40% of the customer rate which would have been applicable to the secondment worker concerned, having regard to his function and working time and so on, if the contract had been concluded, over a period of 1040 working hours.
4.5 The sums mentioned in preceding paragraphs are suddenly and immediately payable.
5.1 Control of the number of hours worked on the declaration form shall be carried out by the client. A declaration form signed by or on behalf of the client obliges the client to complete payment of the hours indicated thereon and any costs.
5.2 Overtime shall mean the work carried out above the working time applicable to the client in his holding per day and per week respectively. Overtime is also worked on Saturdays, Sundays and public holidays at the client’s request.
5.3 X-EQUO is entitled by the client to the staff assigned overtime, accordance with paragraph 4 of this article, to the client.
5.4 Tariff buildup overtime: Monday to Friday 150% of the basic hourly rate, Saturday and Sunday 200% of the basic hourly rate and holidays 300% of the basic hourly rate.
5.5 X-EQUO is also entitled to make the costs that the staff has made available for the proper execution of the order, including hotel overnights, parking fees, travel expenses and the like by taxing the client. This will always be done in advance in consultation with the client.
Fees and tariffs
6.1 If, as a result of collective agreements or changes in the sphere of social and/or fiscal legislation, changes are made to the in the remuneration of the employees, X-EQUO is at all times-also retroactively-entitled to the changes in the rate.
6.2. X-EQUO reserves the right to pass on to the client any increases in the wage cost sphere imposed by the Government at any time.
Additional General Terms and Conditions X-EQUO use of online platform X-EQUO Jobboard
Article 1. Definitions
In the present general terms and conditions, the following terms are capitalized and are understood as follows, unless the context expressly dictates otherwise:
1.1 Account: collection of data relating to a specific Counterparty, which data can be viewed and changed via the X-EQUO website after the provision of associated login data.
1.2 Content: digital information and data, including – but not limited to – videos, music, sounds, texts, images, data (files), applications and other software.
1.3 Services: all services provided by X-EQUO, including the use and access to the Online Platform of X-EQUO, the resulting provisions and related activities.
1.4 Online Platform: the online automated system of X-EQUO that on the website of X-EQUO is made available to the Counterparty.
1.5 Counterparty: the natural or legal person who uses the Services of X-EQUO, including the Jobseeker and the Employer.
Article 2. Applicability
2.1 These terms and conditions apply to all quotations, agreements and all deliveries, including the use of the X-EQUO Online Platform and the resulting provisions and related activities, regardless of whether they are made by written or oral agreement, unless otherwise agreed in writing.
2.2 Any purchase or other conditions of the Counterparty do not apply. The applicability of any purchase or other terms and conditions of the Counterparty or third parties are therefore explicitly rejected by X-EQUO.
2.3 X-EQUO is at all times authorized to make changes or additions to its general terms and conditions. The amended general terms and conditions will enter into force on the agreement within thirty days of being announced. If the Counterparty does not agree with the intended change to the general terms and conditions, the Counterparty is entitled to cancel the agreement with X-EQUO on the date on which the changed terms and conditions take effect.
2.4 Changes to and additions to these general terms and conditions and/ or the agreements concluded between X-EQUO and the Counterparty are only valid insofar as they have been agreed in writing between X-EQUO and the Counterparty.
2.5 The indications above the articles of these terms and conditions are solely intended to improve readability. The content and scope of the article included under a specific designation is therefore not limited to that designation.
Article 3. Access to the Services
3.1 Job seekers have free access to the Online Platform of X-EQUO, unless indicated otherwise.
3.2 Access to all functionalities of the Online Platform is only available for a Jobseeker after the Jobseeker has created an Account. To this end, the Jobseeker must go through a registration process and, if requested, provide his (personal) data. If the Jobseeker does not create an Account, the functionalities of the Online Platform may be limited.
3.3 After the Counterparty has successfully completed the registration process, the Counterparty will receive the login details from X-EQUO. These login details enable the Counterparty to make use of the Services of X-EQUO.
3.4 X-EQUO grants the Counterparty the non-exclusive right to use the Services.
3.5 Rights of use will only be transferred to the Counterparty if the Counterparty pays the fees due for this in time.
3.6 The use of the Services is personal, non-transferable and may only be used within the Counterparty’s own organization and by its employees. The Counterparty is not permitted to provide the obtained login details to persons other than those mentioned above. The Counterparty is liable for the consequences of any (un) authorized use of the Account and login details by third parties.
3.7 X-EQUO has the right to refuse the Counterparty further access to the Services if X-EQUO suspects that the Counterparty or a third party is misusing the login data, for example when X-EQUO suspects that this data will be used outside of the Counterparty’s own organization, or when the Counterparty does not comply with these general terms and conditions or other X- EQUO rules.
3.8 The Counterparty is not entitled to any (damage) compensation, compensation or refund of amounts paid if X-EQUO decides at any time to refuse access to the Services of the Counterparty on grounds as mentioned in this article. Operations performed via the Counterparty’s Account are deemed to have been made under the responsibility and supervision of the Counterparty.
3.9 The Counterparty must immediately inform X-EQUO of any change in its company name, location data, bank account and other (changed) circumstances that are important for the implementation of the agreement concluded with X-EQUO.
4.1 X-EQUO grants the Counterparty permission to gain access to and use the Services of X-EQUO under the conditions to be specified below. The Counterparty agrees that if the Counterparty does not comply with these conditions, this will result in a shortcoming in the fulfillment of his/ her obligations under these conditions and in that case X-EQUO will be entitled to terminate the agreement with the Counterparty and the The Counterparty to refuse further access to the Services of X-EQUO, without X-EQUO being thereby obliged to any compensation or refund of amounts paid to the Counterparty.
4.2 The Counterparty is not permitted to:
a. use the Services of X-EQUO in such a way that an infringement of third-party rights is committed;
b. use the Services of X-EQUO for the distribution of computer viruses or material with a libelous, defamatory, offensive, racist, discriminatory, obscene or threatening nature;
c. use the Services of X-EQUO for the distribution of material for promotional or publicity purposes without having obtained prior written permission from X-EQUO, unless the addressee has explicitly requested the transfer thereof;
d. to store or distribute or cause to be distributed via the Services of X-EQUO content that infringes on the rights of third parties, including in any case but not exclusively copyright, trademark rights and portrait rights, or unlawful acts towards rightholders, for example by offering save or distribute hyperlinks, torrents or similar information to materials that violate their rights;
e. use the Services in such a way that this use constitutes a violation of the privacy of third parties, including in any case but not exclusively the distribution of personal data of third parties without permission or necessity;
f. make unlawful use of the Services of X-EQUO or the information provided thereon and/ or images shown;
g. Post content on the Online Platform that is factually incorrect, including the placement or creation of non-existent vacancies;
h. Refresh Content placed on the Online Platform, including vacancies (that is, taking a vacancy offline for a short period of time, and then re-posting it to get the vacancy back at the top of the search results);
i. downloading and storing (“scraping”) the content of the Services by means of automated processes or techniques. To prevent scraping, the number of downloads of resumes and vacancies is limited to a maximum of 100 per day;
j. make use of the Services of X-EQUO in such a way that the Services are thereby damaged, distorted, interrupted, stopped, overloaded or otherwise made less efficient;
k. to distribute any part or parts of the Services of X-EQUO on any medium without the prior written approval of X-EQUO, including but not limited to software, brands published on the Online Platform of X-EQUO, brand names, texts, videos and images;
l. to change or modify any part of the Services of X-EQUO and/ or the related systems, programs and/ or technology;
m. to (attempt to circumvent) security-related components of the Online Platform of X-EQUO, to disable them or to otherwise intervene;
n. to decompile, reverse engineer or disassemble (parts of) the Online Platform;
o. to use the Services of X-EQUO or the systems, programs and/ or technology contained therein without the prior written approval of X-EQUO for business applications. This prohibition includes:
i.) the (re) sale of access to the Services of X-EQUO on another website, in particular for the purpose of generating advertising and/ or subscription income; and/ or
ii.) the further distribution of the Services, in particular for the purpose of generating income through entrepreneurial activities that are for the most part similar or comparable to those X-EQUO driven entrepreneurial activities, including recruiters approaching Employers;
p. to make use of (a part of) the content of the X-EQUO Online Platform on a website other than the X-EQUO website without including a striking link on the same web page that links back to the X-EQUO website;
q. to collect (part of) the content of the Online Platform or website of X-EQUO or (personal) data regarding the Users of the Online Platform or website of X-EQUO (whether or not by using an automated system) or to gather.
4.3 The Counterparty is at all times responsible for receiving messages via e-mail and the institutions that ensure that e-mail messages do not end up in the SPAM folder. Receiving messages in the SPAM folder does not release the Counterparty from its payment obligation.
4.4 The Counterparty is responsible for Content placed on the X-EQUO Online Platform by or on behalf of the Counterparty and for the consequences of storing, posting or publishing it on the X-EQUO Online Platform. X-EQUO does not endorse this Content and/ or the opinions, views or opinions given therein, and expressly disclaims all liability in relation to Content posted by the Counterparty.
4.5 The Counterparty declares and guarantees that the Counterparty has all required and necessary licenses, rights, permissions and permissions with regard to the Content placed by the Counterparty on the X-EQUO Online Platform and that the Counterparty will continue to dispose of it as long as this Content is offered on the Online Platform of X-EQUO. The Counterparty will not upload Content to the Online Platform of X-EQUO or place it on the aforementioned websites on which (property) rights of third parties rest, unless the Counterparty has a corresponding license or written permission from the entitled party.
4.6 The conduct of the Counterparty on the Online Platform of X-EQUO as well as any Content placed by the Counterparty on the Online Platform of X-EQUO must comply with all applicable local, national and international laws and regulations, as well as with the user guidelines from X-EQUO, such as these are made known to the Counterparty by X-EQUO on the Online Platform or otherwise.
4.7 The Counterparty agrees not to post Content on the Online Platform of X-EQUO or to upload it to the Online Platform of X-EQUO with content that the Counterparty, in the country in which the Counterparty is established or resident, may not possess who X-EQUO may not use or possess in connection with the provision of the Services.
4.8 X-EQUO reserves the right (but is not obliged) to decide whether the Content placed on the X-EQUO Online Platform meets the content requirements stated in the present terms and conditions, and the Content placed by the Counterparty, without prior notice and in its sole discretion, remove it from its website and from its systems.
4.9 The Counterparty understands and acknowledges that when using the Services of X-EQUO and the Content offered thereon, the Counterparty may be exposed to information and data that is factually incorrect, offensive, indecent or otherwise objectionable to the Counterparty. The Counterparty waives all rights and/ or (legal) means that the Counterparty (possibly) has with regard to the relevant information and data against X-EQUO.
4.10 The Counterparty indemnifies X-EQUO against all claims from third parties with regard to Content placed by the relevant Counterparty on the X-EQUO Online Platform.
Article 5. Availability of the Services
5.1 X-EQUO sets itself the goal of the maximum accessibility and availability of the Services. The Counterparty is not entitled to any compensation, refund or set-off if the Services of X-EQUO are not available or available at any time (whether or not for maintenance or as a result of any malfunction).
5.2 X-EQUO is entitled to temporarily limit or refuse access to the Services without being obliged to pay any compensation to the Counterparty if this is necessary as a result of maintenance or the resolution of malfunctions. X-EQUO will inform the Counterparty of intended maintenance as much as possible in advance.
Article 6. Transfer
The agreement concluded between X-EQUO and the Counterparty and the rights and obligations arising therefrom may not be transferred to third parties without the prior written consent of X-EQUO.
Article 7. Invalidity
7.1 If one or more provisions of these general terms and conditions are void, declared void, voidable or otherwise lost their legal validity, the remaining provisions of this agreement will remain fully in force.
7.2 The parties will invalidate any provisions that are invalid, have been declared null and void or have otherwise lost their legal validity in order to make a replacement arrangement, to the extent that the parties will endeavor that the scope of this agreement in its entirety.
Article 8. Confidentiality
8.1 X-EQUO is entitled to place the name and logo of the Employer and his clients to whom Services have been provided on the website and a reference list of X-EQUO and to make this available to third parties for information.
8.2 The parties agree to keep all confidential information that becomes known to them during the performance of the Services strictly confidential and to use such information exclusively for the contractually agreed purposes, unless otherwise agreed in writing. In this provision, confidential information is understood to mean information, documents, data and data, which is marked as such or should be regarded as confidential due to its nature.
8.3 X-EQUO is, contrary to the other provisions of this article, permitted to place Content, including vacancies, placed by the Counterparty on the Online Platform, on other websites, including third-party websites. to increase its range.
Article 9. Data protection
9.1 The Employer must handle the (personal) data of third parties with care, including the data of candidates that have been made available for inspection through the Employer database. The Employer may only use the data to approach relevant, potential candidates to fill a specific, existing and suitable vacancy. Any other or further processing is not permitted. The employer will not keep the data longer than necessary for the purpose described above. If a candidate directly or indirectly objects to the use of his data by the Employer, the Employer will immediately cease that use and destroy the data.
9.2 X-EQUO does not guarantee that the information referred to above is current, correct, complete or accurate. X-EQUO does not accept any liability.
9.3 Except where explicitly permitted on the basis of these general terms and conditions, the Counterparty may not process or otherwise process (personal) data from third parties, to which the Counterparty has access by or in connection with the Agreement or that have been made public by or in connection with the Media. use. In particular, the Counterparty is not permitted to use this (personal) data from third parties (i.) For transferring (unsolicited) communication and (ii.) Whether or not methodically or systematically arranged.
9.4 In accordance with the provisions of Article 11.7a of the Telecommunications Act, the Counterparty will in no way (i.) Gain access, or attempt to gain access, to data stored in the peripherals of users of the Websites or (ii.) Store data, or attempt to to store, in the peripheral equipment of the users of the Websites, without having previously obtained the required permission for the relevant action.
9.5 The Counterparty guarantees that it will act in full compliance with the provisions of this article and all applicable laws and regulations in the field of the protection of personal data and unsolicited communications, including in any case the Telecommunications Act and the General Data Protection Regulation. The Counterparty shall fully indemnify X-EQUO against all possible claims from third parties for non-compliance by the Counterparty with the provisions of this article or any legislation or regulation in the field of the protection of personal data and unsolicited communications. The Counterparty will further fully compensate X-EQUO for all damage, fines and costs incurred by X-EQUO in connection therewith.
9.6 In the event of violation of the provisions of this article, the Counterparty will owe an immediately due and payable penalty of EUR 2,500 (two thousand five hundred euros) per violation, without notice or any other prior declaration, whereby the use of one (personal) piece of information will result in a separate violation . This penalty is due to X-EQUO without prejudice to all other rights or claims of X-EQUO, including the right to fulfillment and the right to compensation in addition to the fine.
9.7 X-EQUO processes personal data of the (representatives of) the Counterparty. The data is used for the implementation of the Agreement and to inform the relevant persons about similar products and services from X-EQUO. If the persons concerned do not appreciate this information, this can be passed on in writing or by e-mail to:
X-EQUO, PO Box 1138, 2280 CC Rijswijk (ZH) and/ or to firstname.lastname@example.org
9.8 Insofar as the advertising material supplied by or on behalf of the Counterparty contains personal data, the following applies:
(i.) The Counterparty acts as the controller and X-EQUO as the processor;
(ii.) The Counterparty guarantees that the processing by X-EQUO is not unlawful and does not infringe any rights of third parties;
(iii.) X-EQUO will only process the personal data in accordance with the prior written instructions of the Counterparty or insofar as the processing is necessary for the implementation of the agreement with the Counterparty; on the understanding that X-EQUO will inform the Counterparty as soon as possible (a) if an instruction from the Counterparty infringes the applicable laws and regulations in the field of the protection of personal data or (b) as X-EQUO is legally required for processing;
(iv.) X-EQUO will implement appropriate technical and organizational security measures;
(v.) X-EQUO will not engage a sub-processor and will not allow personal data processing to take place outside the EU in countries without an adequate level of protection, without the prior written consent of the Counterparty;
(vi.) X-EQUO will, at the written request of the Counterparty, submit information that shows that X-EQUO meets the conditions listed in this article;
(vii.) X-EQUO will, if required, provide assistance with the handling of a request from the parties involved by the Counterparty or with data effects assessments carried out by the Counterparty, or with a (prior) investigation carried out by a competent supervisor;
(viii.) X-EQUO will inform the Counterparty immediately but in any case within 48 hours (a) after the discovery of a data breach, the data breach, its consequences and the remedial measures taken and (b) after taking note of an investigation by a supervisor unless X-EQUO is bound to secrecy;
(ix.) X-EQUO will remove the supplied advertising material at the end of the three (3) month period.