Terms of Use

Last updated on May 22, 2024.

This document sets out the terms and conditions ("Terms") under which Es99, a limited liability company ("SRL") organized under the laws of Belgium, with its registered office in Belgium at Rue Charles Degroux 40, 1040 Brussels, Belgium, and company number 0736.672.042, offers its subscribers ("Subscriber") access to an applicant tracking and candidate sourcing system called Spott.hr ("Platform") via spott.hr ("Site"). Spott.hr can be contacted via [email protected].

Please read these Terms very carefully before using the Site and our services. You represent and warrant that you have full capacity and authority to enter into these Terms on behalf of the Subscriber. If you do not accept these Terms, you may not use the Site and/or our services. By using the Site and/or any of our services, you agree to be bound by these Terms.

General

The Spott.hr Platform and the Site spott.hr are owned by Es99 SRL, a limited liability company ("SRL") organized under the laws of Belgium, with its registered office in Belgium at Rue Charles Degroux 40, 1040 Brussels, Belgium, and company number 0736.672.042.

Access to the Platform is provided upon subscription to a license. More information about the different licenses is available on our site. Upon accepting our Terms and subscribing to our Platform, the Subscriber must register with a valid email address, company name, company address, company phone number, and billing information. The provided data must be true and accurate.

If the data is not true or accurate, we reserve the right to refuse to activate the account or to suspend or terminate our services at any time, without any refund or compensation for the Subscriber.

The Subscriber is responsible for maintaining the security of the account and password to ensure that the account cannot be used without the Subscriber's authorization. Es99 cannot be held responsible for any loss or damage due to account hacking because the password was not chosen carefully. We advise choosing a password of at least 8 characters combining letters, numbers, and special characters. The password is strictly personal, and the Subscriber is entirely responsible for its safekeeping. The account cannot be shared or transferred to third parties. We also strongly advise activating 2FA. This can be enabled in personal settings.

The Platform may not be used for unauthorized or illegal purposes. The Subscriber is fully responsible for complying with the laws of their jurisdiction and must ensure that the use of our Platform will comply with all applicable laws and regulations (including but not limited to Belgian and European data protection laws). The Subscriber must immediately inform us if they become aware of any improper or unauthorized use of the Platform.

We reserve the right to suspend or immediately terminate access to the Platform in case of improper or unauthorized use of the Platform by or due to the Subscriber. All direct or indirect costs, expenses, and losses (including lost profits) resulting from any improper or unauthorized use of the Platform by or due to the Subscriber (such as but not limited to: hacking by the Subscriber, use of worms or viruses, etc.) will be fully charged to the Subscriber.

Es99 SRL reserves the right to use the Subscriber's name as a client reference towards third parties. The Subscriber grants Es99 SRL a worldwide and royalty-free license to publish the Subscriber's name on the Spott.hr information website.

Support

Whenever the Subscriber needs assistance or help, the support team is available via [email protected]. We will do everything in our power to respond within one business day. Although Es99 cannot guarantee a resolution of the issue within one business day (e.g., for technical issues), Es99 will do everything in its power to resolve the issue within a reasonable timeframe.

Es99 will make all reasonable efforts to ensure that the Platform is available at all times. However, it may happen that the Platform is interrupted for updates, maintenance, or due to a failure (network congestion, telecommunication issues, etc.). Es99 will do everything in its power to minimize downtime. In case of unavailability due to reasons beyond Es99's control, Es99 cannot be held liable.

Es99 reserves the right to update or modify the Platform from time to time without any approval from the Subscriber. Es99 is committed to improving the Platform and regularly updating the Platform.

Services

The Platform includes the ability to advertise job vacancies on external job boards or social networks. Additional fees may be charged for these services and will be communicated during the ordering process. Please note that Es99 has no control over the processes used by these third parties. Es99 cannot be held responsible for any delay in posting or rejection of such advertisements, for any reason or no reason at all. Es99 cannot be held responsible for the results or lack of results from third parties.

Warranty

Es99 guarantees that the Platform will be provided with the reasonable care expected of a trustworthy provider. However, Es99 does not guarantee that the Platform will be error-free, bug-free, or uninterrupted. All software contains bugs. As Es99 also depends on third parties (such as but not limited to hosting providers, telecommunication providers, etc.), Es99 cannot be held responsible for any failures of their services.

Unless otherwise stated, Es99 excludes all warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose.

Es99 guarantees that candidate data provided, such as personal information and CVs, will not be disclosed to third parties. As such, the Subscriber is responsible for the data received from the candidate. Es99 will provide a GDPR module that allows anonymizing or deleting candidate personal information after a certain period. It is the Subscriber's responsibility to retain data in accordance with GDPR law.

Limitation of Liability

Es99 will not be liable for any loss of profit, loss of revenue, loss of data, and loss of reputation resulting from the use of the Platform.

Es99 will not be liable for the content and the effects that this content may have on the Subscriber or third parties. The Subscriber accepts full responsibility for the content of their job site, created via the Platform.

The Subscriber is responsible for keeping their computer up to date, especially regarding the latest security aspects. Es99 will not be responsible for any issues or malfunctions of the Platform due to such a failure or attributable to the Subscriber.

Intellectual Property Rights

Es99 holds all intellectual property rights related to the Platform. Es99 grants the Subscriber a non-exclusive, royalty-free license to use the Platform. The Subscriber is not authorized to copy, modify, reproduce the Platform in any way, or sell any content related to the Platform.

The Subscriber must indemnify and hold Es99 harmless from all losses, costs, and expenses resulting from or incurred due to any violation of any intellectual property rights by or due to the Subscriber.

Payments

All license fees are exclusive of taxes, levies, or duties. The Subscriber is responsible for paying these taxes, levies, or duties.

Any dispute regarding an invoice sent by Es99 must be filed within 7 days from the invoice date. After this period, the invoice will be considered irrevocably accepted.

Es99 offers the possibility to run campaigns via the platform or via our digital marketing experts. Correct prices are always indicated in the application or on the marketplace. Price changes are not communicated separately to the customer, as the application and/or marketplace reflect the current correct price at the time of order. Discussions on displayed campaign prices will not be accepted.

Es99 reserves the right to suspend the Subscriber's access to the Platform if payment is not received in a timely manner.

Termination

Es99 may terminate these Terms without notice if the Subscriber violates any of these Terms. The Subscriber may terminate the subscription at any time. In such a case, the Subscriber remains liable for payment of the full fee for the remaining subscription period, as well as any other fees accrued up to that time.

Upon termination, all rights granted to the Subscriber will immediately cease, and the Subscriber must cease all use of the Platform.

Governing Law

These Terms are governed by and construed in accordance with the laws of Belgium. The courts of Brussels have exclusive jurisdiction over any dispute arising out of or related to these Terms or the use of the Platform.