1. Scope of application
Unless otherwise specified, the terms below shall be understood as specified in the present General Terms and Conditions or Service Delivery:
- MyNextCompany, a division of ClearSource: MyNextCompany, a division of ClearSource bvba, with registered office at 94 Gulledelle in 1200 Sint-Lambrechts-Woluwe with company number 0876.098.555 (hereinafter referred to as "MyNextCompany");
- User: every person who uses the Website or calls on the services of MyNextCompany as a visitor, job seeker, employer or advertiser
- Content: Film, text, photographs, images, presentations, graphs and charts, drawings, illustrations , sound clips, interviews, data, databases, software, designations, trade and domain names and all other components that are available at and/or associated with the Website or were available at the Website or were associated therewith at any previous point in time.
- Client/customer: the User who runs a company page on the Website
- Website: MyNextCompany’s internet pages at www.mynextcompany.eu and the sub-pages of this Website
The User and/or the natural person representing the User, is to be at least 18 years of age and have the power and authorisations to use the Website and to represent the User. The User and/or the natural person representing the User who is less than 18 years of age is to have the permission from both parents’ and/or his guardian to be allowed to use this Website.
If a Client, acting as an employer or as an intermediary, wishes to use the Website to post job ads, a separate agreement with MyNextCompany is to be concluded. In the opposite case, the Website is accessible only for personal use (non-commercial purposes) by the User.
MyNextCompany authorises the User, subject to the present general terms, to gain access to the Website, to use, consult, download and print the Website and the Content made available at the Website for personal and non-commercial use.
The User hereby agrees not to sell, amend, reproduce, display, publicly perform, disseminate the Content or to use the Content in any other manner for any which audience or commercial purpose, in connection with products or services that are not those of the Website or of MyNextCompany.
The User hereby accepts to only put forward correct, truthful and non-misleading information about himself on the Website. MyNextCompany waives all and any liability for erroneous information communicated by its users. Your hereby affirm that the information posted by you does not prejudice the rights of any third parties.
The User shall refrain from discrediting MyNextCompany in any shape or form.
3.1. Creating a profile/account, termination and suspension
The User is given access to the services and becomes a Website user through the sheer fact of creating a profile on the Website. Users are allowed to create one profile. Using a different name is not permitted.
Membership is personal and may not be transferred to third parties. MyNextCompany shall be within its rights to deny all profile requests in stating grounds for its decision. Membership starts only upon receipt of a confirmation e-mail from MyNextCompany.
4. Terms incumbent on the client
4.1. Responsibilities incumbent on the Client
Company Pages published on the Website are published under MyNextCompany’s exclusive responsibility. MyNextCompany declines all and any responsibility for any decisions in respect of employment offers taken up by a Client for any reason for which MyNextCompany posted an advertisement on its Website. As such, the Client shall defend and hold MyNextCompany harmless and wholly indemnify MyNextCompany for all and any claims instituted against MyNextCompany and/or its publisher in respect of the performance of the assignment for the Client. The Client shall compensate MyNextCompany for all expenses incurred by MyNextCompany in this respect.
The Client shall be responsible for the content of the (job) advertisements. In addition, the Client offers MyNextCompany assurances that he holds the relevant permissions for the photographs and images posted.
4.2. Assurances offered by MyNextCompany to the Client
In all cases, MyNextCompany shall see to it that none of the elements listed below are included in an advertisement that has been or that remains to be posted:
- misleading, illegible or "hidden" key words, repeated key words or key words that are irrelevant for the vacancy offered, as may reasonably established by MyNextCompany;
- names, logos or trademarks of non-associated companies other than those of the Client’s customer and for which MyNextCompany gave its express consent;
- more than one job or job description, more than one location or more than one job category per advertisement, unless MyNextCompany itself should decide to act otherwise and consequently allows such;
- imprecise, inaccurate or misleading information;
- materials or links to materials which sexually, violently or in any other manner exploit people or which demand personal information from persons who are under-age without the parents and/or guardian of the said minor having given their permission to do so.
4.3. The Client shall not be permitted to:
- job advertisements in ways that are not compliant with applicable local, national and international laws and regulations, including, albeit not confined to, regulations on labour, social security, employment and equal opportunities, etc.
- post advertisements for which the nationality of a given country or a legal, permanent residence is a country is required as a condition for recruitment, unless this is required in order to comply with the laws and regulations or in order to comply with a contract with a national, nationwide or local authority
- post advertisements which set out selection requirements or criteria in respect of the vacancy whereby such requirements or criteria are not legal requirements for said vacancy
- organise any kind of franchise or pyramid schemes, distribution networks, opportunities for network marketing (Multi-level) or constructions involving sales agencies through the Website
- posting advertisements relating to a vacancy and/or business opportunity for which a prior or periodic payment is required from the applicant and/or for which the recruitment of new members, sub-sellers or sub-agencies is required
- posting commission fee-based business opportunities, unless the advertisement clearly specifies that the job or opportunity on offers are paid exclusively on a commission fee basis and clearly outlines the way in which the User is able to earn the commission fee
- offering opportunities which do not represent genuine bona fide jobs
- offering sexual services or seeking to attract people for jobs of a sexual nature
- posting requests for the use or making available of human organs, including, albeit not confined to, services for reproduction such as egg cell donations, sperm donations and surrogacy
- making vacancies posted on the Website contingent on support for specific political parties, political manifestos, political views or topics in MyNextCompany’s reasonable view,
- making vacancies posted on the Website contingent on the promotion of specific religious creeds in MyNextCompany’s reasonable view
- except where permitted under applicable law, posting vacancies whereby the applicants are required to provide information on their
- race or ethnicity
- political beliefs
- philosophical or religious creed
- membership of employers’ organisation
- physical or mental health
- sexual orientation
- criminal record or criminal prosecutions
If MyNextCompany believes that certain information or Content on the Website is unlawful or offensive, MyNextCompany may pass on said User’s IP address without further notice to the competent judicial authorities as well as report and/or press charges with the competent authorities for the offences in question, as well as block said User’s access to the Website.
5. Use of the information made available by MyNextCompany
The Client shall put in place all relevant physical, technical and administrative steps to protect the details obtained by the Client from or via MyNextCompany against loss, abuse, unauthorised access, disclosure, alteration or destruction.
The Client shall not be permitted to use the information sourced from MyNextCompany for any other purpose than that of an employer seeking to recruit employees, including albeit not exclusively confined to by way of advertisements involving job, product and service offers to Users who are (potentially) job seekers.
6. Intellectual property rights
The Client may provide MyNextCompany only with materials for which he has obtained all rights (intellectual property rights, copyrights, trademark rights, etc.) and over which he is able to cede the relevant intellectual property rights to MyNextCompany to enable MyNextCompany to perform its assignment, and with a view to the publication of the Content in question on the Website. Where the Client has no registered address in Belgium, as applicable MyNextCompany shall be free to demand for the assignment to be issued by a person with registered address in Belgium. At all times, MyNextCompany shall be within its rights to disclose the identity of the Client via the Website or elsewhere.
The Website itself is protected under copyright law and as a database.
7. Suspension and refusal of advertisements
MyNextCompany shall be within its rights - without MyNextCompany being required to state grounds for its decision and without any kind of compensation being due – to suspend, discontinue or refuse the inclusion of an advertisement from the Client or a part thereof, even after MyNextCompany had initially accepted the assignment and/or even billed the Client or made a start on the performance of the assignment. At all times, assignment acceptance is subject to the suspensive condition of approval by MyNextCompany management.
8. Timely and appropriate
All data in connection with the advertisement must be supplied by the Client in timely fashion and must comply with MyNextCompany’s technical specifications. MyNextCompany shall be within its rights to adapt materials deemed unsuitable to be posted, without such being considered as an obligation incumbent on MyNextCompany. The cost for making such adaptations shall be passed on to the Client. On no account shall flaws that are the result of non-compliant data or late delivery constitute grounds for price reductions or compensation, in any shape or form. In principle, advertisement assignments must be sent in in writing or by electronic means of communication.
If an assignment is issued by phone, verbally or by fax, MyNextCompany declines all and any liability for alleged mistakes in the performance. If the Client leaves the layout of an advertisement to MyNextCompany, the layout expenses are to be defrayed by the Client. If the Client does not issue any specific guidelines/instructions, MyNextCompany declines all and any liability for the manner in which MyNextCompany designed the layout. MyNextCompany shall be within its rights to decline advertisements supplied by the Client in a language other than the language agreed.
9. No cancellations by the Client
The Client shall not be permitted to cancel or interrupt an order or ongoing assignment. The order shall be billed in full by MyNextCompany.
10. Recalculating volume discounts awarded
If a volume discount has been obtained with a view to placing a certain number of advertisements and this number fails to be reached, because no new advertisement assignments are forthcoming or because no payment has been transacted and no further advertisements are placed, MyNextCompany shall be within its rights to bill the Client for the discounts already awarded.
11. No transfer of rights
The User hereby accepts not to sell on or transfer his rights and/or obligations vis-à-vis MyNextCompany to an affiliated company, customer or third party unless after having obtained prior and written permission from MyNextCompany.
12. No onward selling of advertising space
The User hereby accepts that he is not permitted to sell on the advertising space on the Website or make said space available in any other way to third parties unless after having obtained prior and written permission from MyNextCompany.
13. Prohibited User actions
The following actions in respect of the Website shall be prohibited to the Users at all times and in all cases:
- Statements which qualify as inciting hatred, proselitism, racism, xenophobia, sexism, discrimination
- Statements which qualify as libel, defamation, stalking, insults, abuse of people’s names or effigies, breach of trust
- Statements which qualify as violations of intellectual or other property rights
- Statements which qualify as attempts to subvert public order on the Website and/or to disrupt the serene nature on the Website, such as spamming, dispatching unsolicited publicity or messages via private or public messaging, the constant and spurious reloading of pages, flooding or the posting of excessively long texts, etc.
- Statements and/or actions which qualify as hacking or attempted hacking of the Website, the date of MyNextCompany and/or other Users and/or third parties
- Statements which qualify as public indecency, the publication of pornographic images, offering up paedophilia and/or prostitution...
- Actions or activities which greatly or excessively take up the resources of the IT infrastructure of MyNextCompany or its partners
- Using robots, data mining and such like tools with a view to the systematic gathering and distilling of date from the Website, other than for the normal use and the normal consultation of the Website
- The testing or scanning, or attempts thereto, of the vulnerability of a system or network or breaching the security or authentication measures without the right authority
- Undoing technical developments or decompiling any components of the Website
- The posting of any CVs or profiles or applications for vacancies in the name of a third party or with erroneous information
- Publicly disclosing more than one copy of the same CV at any time
- Sharing login codes to any which component of the Website with third parties
- Procuring access to data not intended for the User concerned or logging into information storage medias for which the User has no access permission
- Placing or sending to the Website incomplete, erroneous or inaccurate information which is not the User’s own information
- Posting content that is prohibited or placing pages that are accessible by way of a password or posting hidden pages or images
- Acquiring passwords or individually identifiable information of other Users or relating to MyNextCompany
- Removing or altering any materials posted by another person or a legal person.
If MyNextCompany is of the opinion that specific information or Content on the Website is unlawful or offensive, MyNextCompany may pass on said User’s IP address without further notice to the competent judicial authorities as well as report and/or press charges with the competent authorities for the offences in question, and block said User’s access to the Website.
If there are suspicions of any forms of abuse MyNextCompany reserves the right to suspend as well as terminate access to the Website with immediate effect.
In the event of repeated offences involving incorrect publications on the Website, MyNextCompany reserves the right to immediately terminate access to the Website.
14. Intellectual property rights Website
The Content of the Website is protected under copyright law. MyNextCompany’s software or certain parts or components of the Website or of the Content may be patented or have patent application pending in Belgium or outside of Belgium. The Website itself is also protected under copyright law and as a database.
The User hereby expressly acknowledges that all property rights and intellectual property rights in respect of the Content of the Website and the Website rest with MyNextCompany.
Through the sheer fact of posting film, text, photographs, images, presentations, graphs and charts, drawings, images, sound clips, interviews and such like on the Website, every User transfers the relevant intellectual property rights on all of the above to MyNextCompany in order to enable MyNextCompany to publicise said information via the Website, unless otherwise contractually agreed.
15. Links from and to other Websites
The Website may contains links or hyperlinks to third party Websites. All information which, by way of links or hyperlinks, leads to third party content or to Websites administered by third parties for informational purposes or by way of service delivery to the User does not comes under MyNextCompany’s responsibility. All the more so as MyNextCompany has no control over the content van such third party Websites, which means it cannot be held liable for such content.
Where MyNextCompany is informed of possibly harmful, offensive, obscene or inappropriate content behind one of the links or hyperlinks on its Website, MyNextCompany shall act to examine matters as soon as possible and put in place the steps it deems appropriate. As applicable, MyNextCompany shall be within its rights to remove any links to such third party Websites from its Website if MyNextCompany is of the opinion that content on the Websites concerned is harmful, offensive, obscene or inappropriate, without MyNextCompany being required to account for its actions vis-à-vis the User or third parties.
Users follow such links or hyperlinks exclusively at their own risk. When the User leaves the Website, the contractual clauses between the User and MyNextCompany no longer apply.
Other Websites may freely link to the pages of the Website. However, at all times the users of such other Websites are to be directly transported to the relevant page of the Website, and must be shown the relevant page of the Website without delay, without intermediate steps and without the Website’s relevant page being shown in the frame of that other website.
In all cases, the use of logos and other elements that are protected under the intellectual property rights held by MyNextCompany or by third parties, the prior and written permission from MyNextCompany or said third parties is required.
16.1. Best endeavours obligation
At all times, MyNextCompany shall endeavour to ensure the Content of the Website is as accurate as possible. However, on no account can MyNextCompany be expected to vouch for the accuracy, completeness, appropriateness of the Content of the Website for any kind of use. As such, MyNextCompany declines all and any liability claims from the User or from third parties. MyNextCompany makes every effort to ensure the normal operation of the Website but offers no assurances that the Website shall be fully available at all times, or that no disruptions or interruptions shall occur. MyNextCompany reserves the right to interrupt access to the Website or to terminate certain services at any time and without prior notice in full or in part for technical or other reasons, without such entitling the User to any kind of compensation, unless in the event of gross negligence and/or wilful error on the part of MyNextCompany.
16.2. User’s own risk
The User hereby accepts that the use of the Website or of the Content is made to occur exclusively at his op own risk. The Website and the Content are available as is: in the condition they are in at any given point in time and without any assurances being offered in respect of the Website and/or the Content and/or the truthfulness and/or accuracy of the Website. MyNextCompany declines all and any responsibility for any which decision or action of the User based on the Content. Nor is MyNextCompany responsible for errors or mistakes, unless in case of gross negligence and/or wilful error on the part of MyNextCompany.
MyNextCompany declines all and any responsibility for any direct or indirect loss or damage or any other loss or damage arising from the aforesaid inaccuracy, incompleteness, omission, negligence, etc., unless in case of gross negligence and/or wilful error on the part of MyNextCompany. On no account shall MyNextCompany accept liability for temporary or permanent loss, damage or defects to the User’s computer equipment as a result of the use of the Website or otherwise. Nor shall MyNextCompany accept liability for the possible transmission of viruses via the Website or via another User of the Website, unless in case of gross negligence and/or wilful error on the part of MyNextCompany.
Nor shall MyNextCompany accept liability for disruptions or interruptions of any manner of description attributable to Internet or communication problems, power outages, viruses, …. nor shall these constitute grounds for any kind of refunds, indemnifications or any other kind of compensation, unless in case of gross negligence and/or wilful error on the part of MyNextCompany.
Mistakes, errors, poor or unclear display of text and/or images shall not constitute grounds for any kind of price discounts or compensation, unless the Client furnishes proof of wilful or serious fault on the part of MyNextCompany. Without prejudice to the foregoing, on no account shall MyNextCompany be required to pay compensation that is greater than the equivalent value of the service which MyNextCompany would have been able to charge for the relevant advertisement assignment, unless proof is brought of gross negligence or wilful error on the part of MyNextCompany.
16.4. Force majeure
On no account shall MyNextCompany accept liability for circumstances beyond its control which cause the performance of its obligations to be delayed or rendered impossible, such as industrial action, floods, fire, technical problems at the print house, distribution problems and other situations of force majeure accepted by case law.
Complaints in respect of the Website or the Content, or any abuse by other Users or by third parties are to be reported by e-mail to within 8 working days after they were established. Complaints in respect of bills must be submitted in writing within 8 days after receipt of the bill or sent in by letter sent by recorded delivery specifying the bill number.
On no account shall complaints be accepted or dealt with verbally or over the telephone. Complaints which were not submitted in writing or which were submitted after the expiry of the time limit shall be declined. MyNextCompany hereby undertakes to treat incoming complaints within 7 working days after receipt.
If MyNextCompany is of the opinion that a complaint is justified, MyNextCompany shall act to remove all inappropriate materials (text, images, information, data) as soon as possible. Unlawful activities may be reported to the authorities by MyNextCompany.
18. Applicable law, nullity, courts of competent jurisdiction
18.1. Choice of law
The present general terms, the contractual relationship, the use of MyNextCompany’s services and all claims or disputes in connection therewith between the User and MyNextCompany shall be governed by Belgian law to the exclusion of international treaties which would result in the application of a different legal system.
18.2. Courts of competent jurisdiction
The User hereby accepts that - to the exclusion of all other courts – only the courts and the courts of appeal of Brussels shall have competent jurisdiction to hear all disputes which directly or indirectly relate to the application or the interpretation of the contractual clauses between MyNextCompany and the User.
The invalidity, nullity or the non-enforceability of all or a part of one of the contractual clauses between MyNextCompany and the User shall not result in the invalidity and/or non- enforceability of the other provisions.
18.4. Legal force of electronic means of communication
The User hereby accepts that electronic means of communication with MyNextCompany shall be legally binding as proof in writing.