TERMS & CONDITIONS
1. Definitions1.1. Assignment: agreement between Company and Planning Engineer where Planning Engineer fulfills Company's Vacancy.1.2. Availability: by the relevant Planning Engineer specified hours per week which are displayed in periods of months. 1.3. Company: user of the system who logs on through a LinkedIn account to the Website as Company and is able to post Vacancies on the site and search for the availability of the Planning Engineers and their Profiles. 1.4. Donation: voluntary contribution by Company, Planning Engineer or Visitor. 1.5. LinkedIn account: the username and password used by Company or Planning Engineer to log on to the Website. 1.6. PlannersPlaza: service provider, established in Utrecht, registered in the Trade Register by register number 55427146 and user of these Terms and Conditions. 1.7. Planning Engineer: user of the system who logs on through a LinkedIn account to the Website as Planning Engineer and is able to put Availability on the Website and to search in Vacancy’s and Profiles of Companies. 1.8. Profile: written description in the terminology used by Company or Planning Engineer to present itself on the Website. 1.9. Service(s): all services of any kind and under any name whatsoever offered by PlannersPlaza to Company, Planning Engineer or Visitor. 1.10. Usage Agreement: agreement between PlannersPlaza and Company or Planning Engineer that provides in the rights and conditions to use the Website. 1.11. Vacancy: description, published by Company, of an open job or position for which a Planning Engineer is sought. 1.12. Visitor: Website users who is not signed in as a registered member. 1.13. Website: the website of PlannersPlaza whose address is http://www.plannersplaza.nl, as well as the entirety of linked sites. The website includes not only web pages but also the total package of services offered on the website by PlannersPlaza. |
2. Applicability Terms & Conditions2.1. These Terms and Conditions apply to all legal relationships and/or entities of PlannersPlaza.2.2. Deviations from and additions to these Terms and Conditions are only valid if mutual agreed between the parties in a written statement. 2.3. The applicability of Conditions is explicitly rejected. 2.4. In the event that Terms & Conditions of the parties apply next to those of PlannersPlaza and these Terms & Conditions are contrary to the Terms & Conditions of PlannersPlaza, Terms & Conditions of PlannersPlaza prevail. 2.5. In the event that any provision of these Terms & Conditions is void or unenforceable, the remaining provisions of these Terms & Conditions remain in full force. |
3. Prices and payments3.1. All prices quoted by PlannersPlaza exclude sales tax (VAT) and other levies imposed by the government, now or in the future.3.2. All prices published by PlannersPlaza are always in Euros. Company or Planning Engineer must meet the payments in Euros. 3.3. Payment must be made immediately or within 30 days after the invoice date in a manner to be specified by PlannersPlaza, unless otherwise agreed in writing. Objections of Company or Planning Engineer at the amount of the invoices do not suspend the payment obligation. 3.4. If Company or Planning Engineer fails to make timely payment of an invoice, then Company or Planning Engineer is in default by operation of law and Company or Planning Engineer ows statutory interest to PlannersPlaza. The interest on the amount due will be calculated from the date that Company or Planning Engineer is in default until the date of payment of the full amount owed. |
4. Costs of Usage4.1. After initial registration Company has six months cost-free access to the Website, except for the part which is intended for Planning Engineer. After these six months, Company will receive an invoice of EUR 200, - which gives access to the Website for a year after payment by Company.4.2. Planning Engineer has free access to the Website, except for the part which is intended for Company. If an Order is obtained through PlanningsPlaza, the Planning Engineer is requested to make a Donation to PlannersPlaza of EUR 250, - per assignment or 1% of the turnover of the first three months. 4.3. PlannersPlaza is a service provider. PlannersPlaza delivers the Website, which aims to simply connect Company and Planning Engineer, who then under their own responsibility may or may not lead to a contract. Costs of Usage are therefore a fee for the development, maintenance and expansion of the Website. Costs of Usage are never a fee which leads to the obligation to provide a Planning Engineer or to provide a Vacancy. |
5. Rights of Usage5.1. In the first six months after registration Company may use the Website cost-free, except for the part which is intended for Planning Engineer. After five months Company will receive an invoice which must be met within 30 days after the date of invoice. In case of late payment PlannersPlaza has the right to terminate the Rights of Usage immediately and to deny and block access of Company to the Website.5.2. Company or Planning Engineer determines which data are processed and/or stored. Company or Planning Engineer is responsible for ensuring that the information is correct and does not infringe the rights of third parties. 5.3. PlannersPlaza is not responsible for the accuracy of the entered or processed data. By Company or Planning Engineer erroneous supplied information cannot be recognized as such by PlannersPlaza and can be processed/saved incorrectly as a consequence of this. 5.4. Company or Planning Engineer are held to carefully follow the regulations and instructions of PlannersPlaza regarding the use of the Website. If a certain act of Company or Planning Engineer arguably endangers an effective operation, then PlannersPlaza is entitled to deny and block access of this Company or Planning Engineer to the Website. 5.5. If incorrect information is provided by a Company or a Planning Engineer or in case the Website is used deviating towards the explicit or implicit objectives of PlannersPlaza by a Company or a Planning Engineer, then PlannersPlaza is entitled to deny and block access of this Company or Planning Engineer to the Website. |
6. Register as Company or Planning Engineer6.1. When Company or Planning Engineer signs in on the website, a Usage Agreement between PlannersPlaza and Company or Planning Engineer is established indefinitely. The registration itself is cost-less unless specified otherwise in advance.6.2. The Usage Agreement is concluded at the moment that the registration process is fully completed correctly by Company or Planning Engineer. 6.3. Company or Planning Engineer is required to fill out the requested information truthfully and completely when registering. This applies specifically to the name, address, email address and any payment details. Misuse can be sanctioned. 6.4. When specified data changes after a successful registration, Company or Planning Engineer undertakes to update the data instantly and verify the operation of the e-mail regularly. |
7. Termination7.1. Company or Planning Engineer may terminate the Usage Agreement at any time and without permission of PlannersPlaza through a termination request by email. Termination of the Usage Agreement does not lead to restitution of owed ownership or cancellation of outstanding obligations.7.2. When Company or Planning Engineer has not logged into the Website for at least one year, PlannersPlaza has the right to terminate the Usage Agreement without further notification. Outstanding obligations against PlannersPlaza will not expire. 7.3. PlannersPlaza may disable (unannounced) the Website temporarily or permanently to Visitors, Company or Planning Engineer where appropriate, which does not provide any rights to Visitor, Company or Planning Engineer. |
8. Liability and indemnification8.1. PlannersPlaza is not liable for direct or indirect damages of any kind, including consequential damages, lost profits, lost savings and damage due to business interruption.8.2. PlannersPlaza is not responsible for the quality or reliability of the information supplied to the Website by Company or Planning Engineer. 8.3. PlannersPlaza is not a party to the Contract between Company and Planning Engineer. PlannersPlaza cannot have any responsibility for the Vacancy of Company nor the way, method or circumstances in which the work must be performed. PlannersPlaza can neither be held responsible for the skills or level which are specified by Planning Engineer, nor for the way in which Planning Engineer fulfils his duties. Finally, PlannersPlaza is no party if Company or Planning Engineer cannot or does not want to deliver what they agreed in their mutual Assignment. 8.4. PlannersPlaza facilitates in connecting Company and Planning Engineer, but can never be held responsible for the continuity of Assignments, nor for the activities of Planning Engineer. This is entirely the responsibility of Company or Planning Engineer. 8.5. PlannersPlaza strives to maximize accessibility of the Website, but cannot be held liable for any interruptions in the uptime, accessibility or availability of the Website. 8.6. Company, Planning Engineer and Visitor indemnifies PlannersPlaza for potential claims by third parties, of which the cause is attributable to others than PlannersPlaza. |
9. Operation of the Website9.1. PlannersPlaza does not guarantee that the Website delivered and administered by PlannersPlaza is errorless and shielded from interruptions. This also applies to third-party applications used by PlannersPlaza and the link in between.9.2. PlannersPlaza will do what is reasonably possible to fix the errors on the Website, as meant under Article 9.1, within a reasonable time if the concerned errors have been reported by e-mail by Visitor, Company or Planning Engineer. 9.3. PlannersPlaza may determine to postpone the error fixing until a new version of the Website is put into service. 9.4. Company or Planning Engineer bears the risks of occurring loss of data, documents and / or files during or as a result of use. 9.5. PlannersPlaza endeavors to make the Website available correctly for all common browsers. If Visitor, Company or Planning Engineer uses outdated versions or less common applications, this may lead to less accurate or incomplete representation of the Website and the data. Visitor, Company or Planning Engineer is therefore responsible for the necessary hardware and software in order to use the correct functioning Website. PlannersPlaza can never be held responsible for missing or incomplete representation of the Website or the information, which is (supposed to be) shown there. |
10. Intellectual Property10.1. PlannersPlaza utilizes own information and information from third parties for providing its Services and the Website. The intellectual property rights of these offered information is held by PlannersPlaza or by the concerning third party.10.2. Visitor, Company and Planning Engineer are not allowed to reproduce, publish, adapt, edit, or commercially exploit the information referred to in Article 10.1, except to the extent which is required by law. 10.3. Company or Planning Engineer obtains by virtue of the Usage Agreement only a non-exclusive usage right, which is not transferable to third parties. 10.4. The information that Company or Planning Engineer enters on the PlannersPlaza’s Website is the property of PlannersPlaza. 10.5. All rights reposing on the Services and / or the Website delivered and / or managed by PlannersPlaza are the property of PlannersPlaza. |
11. Confidentiality and privacy11.1. The collection, use and processing are performed electronically and in accordance with the statutory data protection.11.2. PlannersPlaza guarantees that all information received which is known to be confidential shall remain secret, unless a legal obligation mandates disclosure of that information. 11.3. PlannersPlaza has the right to inform Company and Planning Engineer on products and services delivered by itself or carefully selected third parties. This right expires when Company or Planning Engineer indicate by email this is not appreciated or when Company or Planning Engineer has indicated its intention to terminate the Usage Agreement. 11.4. Due to continued growth and development, it is possible that parts or assets of PlannersPlaza will be transferred to a third party. In that case also data of Company and Planning Engineer will be transmitted. |
12. Applicable law12.1. On all legal relationships in which PlannersPlaza is a party, only the Dutch law is applicable.12.2. Any disputes shall be submitted exclusively to the jurisdiction of the Court District Central Netherlands, unless the law dictates otherwise. |