- In these General Terms of delivery the following terms will have the meaning as defined below, unless expressly stated otherwise or if the context indicates otherwise:
- iCasting: the user of these Terms of delivery: iCasting B.V. registered in Zwolle, Hanzeplein 11 8017 JD, registered with the Chamber of Commerce under KvK-nummer 66465974:
- client: the natural person acting for his profession or business or legal entity that enters into an agreement with iCasting;
- service: the services iCasting offers to the clients based on the agreement such as the possibility to do queries on the website
- candidate: the natural person who registered at iCasting and who made a profile on the website;
- website: the (mobile) website www.icasting.com, managed by iCasting and the online application (“app”)..
- These General Terms of delivery shall apply to all offers, quotations and Agreements concerning the services iCasting offers to its clients.
- iCasting has the right to change these General Terms of delivery. The client will receive a prior notification in writing or by electronic means in case of substantial changes to the Terms of delivery. The changes to the Terms of delivery apply to all existing agreements. The client accepts these changes by entering new queries after the changes have been made.
- Any deviations from these Terms of delivery shall apply only if they have been expressly agreed in writing or by electronic means.
- iCasting does not agree with any (general) terms that are being used by the client.
- If the agreement uses other terms than the Terms of delivery, the terms in the agreement are applicable.
- If any part and/or term of these Terms of delivery or the agreement violates a mandatory rule of national or international legislation, this part and/or term will be invalid. Both parties will define new terms to replace the terms that violate this legislation
3 Products and offer
- Statements made by iCasting, on a website or concerning the services, are always without obligation and are subject to changes and availability of the services.
- iCasting can send a written offer to the client about the services after the client sends a request to iCasting. The offer is valid during the period mentioned in the offer.
- iCasting will not be held liable for obvious errors or mistakes in the offer, publications or on the website.
- The offers on the website have a clear description of the services iCasting offers
4 Realisation of the agreement
- The agreement is established after the client registers at the website, the client has signed iCasting’s offer and has agreed with the offer.
- The agreement can only come about through the website after the client clicked that he agrees to these Terms of delivery.
- iCasting has the right to deny the client’s registration. The client will be notified as soon as possible if his registration is denied.
- Once the agreement has been concluded through the website, iCasting will send the client an immediate confirmation via e-mail. As long as the receipt of this acceptance has not been confirmed, client may rescind the Agreement without any costs. If the client does not receive a confirmation e-mail from iCasting, the client should contact iCasting’s customer service
5 Fair use
- When using the website, the client needs to behave in accordance with what may be expected from a responsible and careful internet user.
- The client can’t bypass or hack the security applications.
- The client is not allowed to use the website and/or service in such a way that would affect the proper functioning of computer systems of iCasting or third parties or that hinders other users from using the site.
- The client can’t use the website, the CMS-system and/or connections in any other way than determined in these Terms of delivery and in the agreement or in a way that violates the legislation, public order and/or good manners.
- The client can create an account on the website.
- The client is responsible for the credentials with which he can log into his account. The client needs to report directly to iCasting when the credentials are lost, stolen, or (suspected) abused or if the password has been misused by a third party. Until the time of the notification, the client is liable for all damages and costs arising from using the password and the use of the website.
- The client can’t create multiple accounts.
- The account is personal and can’t be transferred.
7 Execution of the agreement
- iCasting can use third parties for the execution of the agreement.
- iCasting has the purpose to connect the candidates with a specific talent to the clients who want to make use of that talent. If the client’s query corresponds to the profile of a candidate, the candidate can accept the match. If the candidate accepts the match, the client and candidate can make contact via the website.
- iCasting can’t guarantee that the service will lead to one or more matches and that the matches are accepted by the candidates.
- If the query doesn’t lead to one or more (contract) agreements between the client and candidates, iCasting can’t be held responsible and iCasting doesn’t need to compensate the fees paid for the query or to give any other compensation.
- The contents of this website have been compiled with the utmost care. iCasting does not guarantee that:
- the systems of iCasting are free from the unauthorized use of third parties;
- the information on iCasting is complete and correct, including the personal information provided by the candidates;
- the website can be used continuously and is free from errors.
8 Position of iCasting
- The client recognizes that iCasting is no party to the (contract) agreement between the candidate and the client.
- If the (contract) agreement between client and candidate is established, the candidate is responsible for the fulfilment of this (contract) agreement. iCasting can never be held liable for the quality of the candidate, the information provided by the candidate or the work delivered to the client by the candidate. If the candidate doesn’t fulfil his obligations, then it’s a matter between the candidate and the client. The client needs to contact the candidate, not iCasting. Only if the candidate gave his permission to iCasting and the candidate paid the compensation to iCasting, iCasting will pay the compensation to the client.
9 iCasting’s authorization
- iCasting has the right toshorten or modify the text of the query and/or information about the company provided by the client. iCasting also has the right to deny or delete the query and/or information about the company provided by the client if the client doesn’t fulfil his obligations concerning the agreement of these Terms of delivery such as defined in article 9.2, without having to pay a compensation to the client.
- iCasting can execute the actions above if:
- iCasting decides that the query and/or company information is incomplete or incorrect;
- the query and/or company information violates the (intellectual property) rights of third parties;
- the query and/or company information violates the legislation or regulations in the Netherlands;
- iCasting suspects that the query and/or company information violates the decency or public order.
- iCasting has the right to share the query and/or company information on other websites or to use the information to be able to provide services.
10 Obligations of the client
- The client guarantees that all information, such as queries, company information, personal data and financial data, required for executing the agreement between client and iCasting is complete, correct and up-to-date.
- The client can only use the query for finding talent for his own organisation.
- The services in the query can’t violate the legislation, regulations, decency or public order
- The client is responsible for the description of the query for using on the website.
- If the client has stopped looking for the talent he described in the query, he needs to cancel his query. In this case the compensation paid for the query won’t be refunded to the balance of the client.
- The client has the obligation to treat all candidates with respect.
- The user indemnifies iCasting from any claims that result from or are connected to the client’s query or company information on the website.
11 Prices and price change
- The prices are exclusive of "BTW".
- iCasting has the right to change the prices of the services. The client will receive a notification by mail or e-mail. If the client doesn’t agree with the price change, the client has the right to cancel the agreement before the price change comes into force.
- The compensation that needs to be paid by the client for the execution of an assignment by the candidate will be revealed before establishing the (contract) agreement.
- The invoices will be sent by e-mail. The client needs to provide iCasting with an e-mail address for receiving the invoices. The client’s right to receive ‘paper invoices’ expires after the client receives the invoice by e-mail.
13 Payment and balance
- All payments and invoices concerning the assignments need to happen via iCasting.
- The client can find a balance on his account on the website. The client can transfer money to this balance through iDEAL or credit card.
- iCasting took security measures to ensure a safe electronical payment.
- The compensation for a query needs to be paid to iCasting by crediting the balance.
- The amount due, resulting from the agreement between client and candidate, will be credited from the balance of the client.
14 Refunds of the balance and closing the account
- If the client wants to close his account on the website, he needs to send a request to iCasting to refund the amount on his balance.
- The refund request for the amount on the balance needs to be sent to iCasting via the e-mail address email@example.com. Money that has been reserved on the credit card of the client for specific assignments that already have been executed or are going to be executed by the candidate can never be refunded. These amounts will be collected and transferredto the candidate.
- The client needs to send his request to close his account to the e-mail address: firstname.lastname@example.org.
- iCasting has the right to collect the amounts that have been reserved on the credit card of the client for specific assignments that already have been executed or are going to be executed by the candidate. iCasting still has this right after the client sent a request to close his account.
- The refund request will be processed within 30 days after receiving the request. The amounts will be refunded to the bank account of the client who requested the refund or to the credit card account if the client paid with credit card.
15 Intellectual property rights
- Except for the information provided by the client concerning queries on the website and/or company information, all (intellectual) property rights with respect to (all parts of) the content of the website, including the copyrights and/or databank rights of texts, design, footage, formats, software and all other contents belong to iCasting and/or her licensors and/or her candidates.
- The intellectual property rights with respect to materials and data provided by the client for the execution of the assignment, belong to the client and his licensors.The client gives iCasting a limited, non-exclusive, non-transferrable right to use the intellectual property rights during the duration of the agreement. The client indemnifies iCasting from any claims of third parties that have suffered damage resulting from iCasting using the provided materials and data and the concerning intellectual rights.
- The client acknowledges that he may receive confidential information about iCasting and/or candidates as part of the agreement. The client has the obligation to keep this information secret. The client will process this information with care and will never distribute and/or copy this information without the prior written consent of iCasting and/or the related candidate.
- The client can never use the data and information mentioned in article 16.1for another purpose than the original purpose nor can he share the information with third parties.
17 Use of data of candidates
- The client can only use the information that has been provided by the candidate to establish a (contract) agreement. Using the information for any other purpose is forbidden, such as:
- to send (unwanted) e-mail(s), with general or commercial content;
- to collect and/or sell e-mail addresses of clients.
- The client needs to process the personal data in accordance with the Protection of Personal Information Act.
18 Privacy / cookies
19 Maintenance of the website
- iCasting is always entitled to (temporarily) shut down and/or restrict the use of (components of) the website without any prior notice and without becoming liable for compensation to the client, if she deems it necessary in order to maintain the website. iCasting will try to maintain the website outside office hours and in the weekend
20 References to websites of third parties
- The website may include references (in a hyperlink, banner or button) to other sites of third parties. This does not automatically mean that iCasting is associated with these other sites or its owners. We are not responsible for these other sites or the information they offer.
21 Liability and limitation
- The information and services on the website may contain technical mistakes and/or typographical errors.
- iCasting tries to keep the services accessible 7 days a week and 24 hours per day, but can interrupt access for maintenance, updating and/or any other technical reason, among others.iCasting does not assume liability for damage to the user as a result of any interruption.
- iCasting can never guarantee that the information on the website is correct. iCasting makes all efforts to provide the correctness of these data as consistently as possible. External influences, for instance by hackers, are always possible and may lead to damaged data. iCasting does not assume liability for this damaged data.
- iCasting can never be held liable for the loss of login data used by the user. iCasting can also not be held liable for unauthorized thirds using the login data of the user.
- iCasting can never be held responsible for the viruses or spam the client received by using the website.
- The client is responsible for the use of the website. iCasting does not guarantee that the information on this site is suitable for the purpose for which the information is consulted.
- iCasting can never be held liable for the disfiguration or loss of data as a result of using telecommunication facilities to send messages
- iCasting can never be held liable for damage resulting from mistakes made by the client while entering a query on the website.
- iCasting can never be held liable for any direct or indirect damage, resulting from establishing (and the settlement) of transactions and (contract) agreements between the client and candidates. iCasting can never be held liable for the acting and/or failing of the candidate.
- iCasting can never be held liable for indirect damage such as, consequential damages, low sales, loss of profit, low savings, damage as a result from business interruptions, reputation damage and fines.
- If iCasting is held liable for any damage, then the liability is limited to the amount the client paid to iCasting to enter a query.
- The limitations of the liability in this Terms of delivery don’t apply if the damage is intentionally caused by the recklessness of iCasting or one of her subordinates.
- All liability claims against iCasting need to be filed within one year or else they will expire.
22 Force majeure
- iCasting will not be held liable for obligations within the agreement or for providing services in case it is impeded to doing this as a result of force majeure. Force majeure includes, among others: an unaccountable shortcoming of engaged thirds, the temporary unavailability or not sufficient availability of hardware, software and/or Internet or other telecommunicational connections that are necessary for delivering the services, government measures, power outage, virus infection or breach of computer peace by thirds, as well as any other situation in which iCasting does not have (decisive) control.
- In case of Force Majeure iCasting shall not be obliged to compensate any damage caused to the client as a result of that, except and to the extent that - due to the circumstance of Force Majeure - iCasting has obtained an advantage, which would not have been obtained by iCasting in case of correct fulfilment.
23 Duration / cancellation
- Unless otherwise specifically agreed, the duration of the contract starts with the delivery of the first service; if the first query isn’t placed on the website within three months after establishing the agreement, then the duration of the agreement starts at the end of these three months.
- Both parties have the right to immediately terminate the agreement without notice of default if:
- the other party goes bankrupt
- the other party has filed for bankruptcy;
- the other party has been placed in an official moratorium;
- the other party has applied for an official moratorium;
- the other party is being terminated or stops her activities (e.g. website offline);
- the delivery of (a part of) the agreed services violates or threatens to violate the legislation and regulations;
- the other party does not fulfil one or more obligations from the agreement, even after a reasonable period has been given to fulfil the obligations.
- iCasting has the right to terminate the agreement by letter. iCasting can do this instantly and without reason if the client isn’t creditworthy anymore.
- The parties don’t have the right to transfer their rights and obligations from the agreement to third parties, without prior written consent of the other party. iCasting has the right to transfer her right and obligations to a group company, without prior written consent of the client. iCasting will notify the client by letter about this transfer of rights and obligations.
25 Security and the internet
- iCasting makes an effort to protect its systems and the website against the unauthorized use and loss of inserted data. It is impossible to completely exclude unauthorized use and any accidental loss of data. iCasting does not assume liability in case inserted data is affected, lost or used by unauthorized persons in spite of the measures taken.
26 Applicable law /Legal jurisdiction
- These Terms of delivery are governed by Dutch law.
- Any conflicts that might arise between the parties shall exclusively be judged by the competent judge in the Netherlands whose field of law includes the seat of iCasting.