Terms of service for Companies

Application of these Terms
1. These Terms & Conditions (hereinafter referred to as “T&C”) apply to the entire business relationship and all contracts and agreements concluded between Jobwave, a brand name of Dockworx B.V. in Rotterdam, the Netherlands, (hereinafter referred to as “Jobwave”, “we”, “us”, “our”), and its contractual partners (the “Customer”, “you”, “your”).
2. A business relationship, contract or agreement (hereinafter collectively referred to as the “Contract” or “Business Relationship”) is concluded when the Customer
  - registers a company account on the website theJobwave.com or on any of its subdomains (the “Website”), or
  - submits an order and/or purchases a Service (the “Order”) from Jobwave or concludes a Service Contract with Jobwave (as described in clauses 3 and 4 of these T&C).
3. The subject matter of the Business Relationship between Jobwave and the Customer is the provision of services under the terms and conditions of these T&C and based on the content of the respective and applicable Order or Service Contract.
4. Jobwave expressly rejects any deviating general terms and conditions of the Customer. Any deviations from these T&C, additional agreements or any possible contradictory terms and conditions of the Customer shall only be valid if they have been confirmed in writing by Jobwave.
5. The Customer may not transfer or assign its rights from the Contract and T&C to other parties without a written approval from Jobwave.
6. These T&C are published on the Website.
Website Terms of Use and Privacy Policy
1. The Website Terms of Use, which describe the terms and conditions for the usage of the Website, are a substantial part of these T&C. If any provision of the Terms of Use is in contradiction with these T&C, then the respective provision of these T&C shall apply.
2. The Privacy Policy of Jobwave is a substantial part of these T&C.
3. Both documents are published and available on the Website.
Services
1. Jobwave offers to the Customer various products and services (collectively referred to as the “Services”) as outlined below.

- - Job Ads: The publication of job advertisements of the Customer on the Website.
  - Company Page (Brand Page): The publication of a Company Page for the Customer on the Website.
  - Recruiting Service (Pay-per-Hire): The search, selection and nomination of candidates by Jobwave for open job positions of the Customer.
  - Contracting Service: Taking on the full contracting responsibility for your desired candidate. Depending on where in the world the work is done, the nationality and domicile of the candidate we will draft a suiting contract for the time you wish to hire. For this Jobwave might fall back on the expertise of partner firms.
  - Other services: Jobwave may offer additional individual services to Customers based on a case-by-case agreement.

1. 1. 1. The description of these Services and supplementary terms for each Service are set out in the appendix of the T&C and are an integral part of these T&C.
    2. Jobwave does not grant any exclusion of competition in any of the Services, unless otherwise agreed in writing.
Ordering and/or Purchasing a Service
1. A contract for the supply and performance of a Service (the “Service Contract”) between Jobwave and the Customer is concluded by one of the following ways:

- - Jobwave and the Customer enter into a written agreement by signing a contract, agreement or similar. The content and provisions of such a contract are substantial parts of the Service Contract.
  - The Customer accepts an offer, quote or a similar proposal that is issued by Jobwave. For better understanding, such acceptance by the Customer may be indicated by (but is not limited to) a formal or formless email or letter from the Customer or any similar statement or confirmation by the Customer that implies the acceptance of an offer, quote or proposal or the purchase of a Service. The content and provisions of the offer, quote or proposal are substantial parts of the Service Contract.
  - The Customer submits an order via email, letter, any other electronic or paper form or via telephone and Jobwave accepts the order either by sending a written confirmation to the Customer or by starting with the performance of the ordered Service. The content and provisions of the order confirmation are substantial parts of the Service Contract
  - The Customer orders a Service through an online form on the Website. The content and provisions of the ordered Service on the Website are substantial parts of the Service Contract.

1. 1. 1. The content and provisions of a Service Contract and any other subsequential Service Contracts between Jobwave and the Customer are deemed to be part of the Business Relationship and are therefore governed by these T&C and the supplementary terms and conditions for the respective Service as stated in the appendix to these T&C.
    2. The Customer is bound by any order it submits and may not revoke or cancel its order.
    3. Jobwave is not bound to accept an order submitted by the Customer and reserves the right to refuse any order without specifying further reasons or explanations. In such a case Jobwave will notify the Customer about the refusal at short notice.
Company Account
1. The Customer may obtain a Company Account on the Website in order to use certain Services provided by Jobwave (e.g. Job Ads, Company Page, etc.).
2. The Company Account itself is free of charge for the Customer and will enable the Customer to place orders for certain (paid) Services through the Website and use these Services.
3. The Customer will obtain access to its Company Account by one of the following methods:

Self-registration: The Customer registers a Company Account on the Website by submitting the respective registration form and accepting these T&C.
Assisted Registration: Jobwave creates a Company Account on behalf of the Customer (e.g. upon receipt of a respective Order). In such a case, Jobwave will provide the Customer with access information and login credentials right after the creation of the account.

1. All existing contracts, orders or purchases will be linked to the Customer’s Company Account.
2. The Customer agrees to use the Company Account for business purposes only.
3. The Customer agrees to provide true, accurate and complete information in the Company Account and to regularly maintain the Company Account in order to ensure the truthfulness, accuracy and completeness of the account.
4. The Customer is entirely responsible for safeguarding and maintaining the confidentiality of its access data, username and password for its Company Account.
5. Jobwave reserves the right, at our sole discretion, to accept or reject a registration for a Company Account, as well as to suspend or terminate any Company Account for any reason.
Prices
1. If not otherwise agreed, the applicable prices and fees for the Services are based on the price lists published on the website under www.theJobwave.com/pricing or in the respective order forms or quotes made available to you by Jobwave.
2. Jobwave and the Customer may agree on individual prices on a case-by-case basis for each Service or for other services that are not listed on the website.
3. All prices are stated exclusive of VAT unless indicated otherwise.
Payment Conditions
1. Unless otherwise agreed or stated in the appendix for each Service, Jobwave issues invoices immediately upon the receipt of the Order and reserves the right to demand payment in advance.
2. Jobwave provides invoices in electronic form by email to the email address provided by the Customer.
3. Invoices are payable immediately upon receipt free of charge and without any deduction.
4. Payments by the Customer have to be made to the account indicated on the invoice of Jobwave.
5. If the Customer fails to comply with the payment target, Jobwave is entitled to demand payment of interest in the amount of 9% (percent points) p.a. above the latest base interest rate set by the European Central Bank as of the due date. Additionally, Jobwave is entitled to charge a fixed handling fee of EUR 30.000 plus VAT for each dunning notice.
6. In the case of default in payment, the Customer is obliged to reimburse Jobwave all related reasonable costs of collection, including costs for lawyers, as well as all other court and non-court related costs.
7. In the case of default in payment, any agreed or granted discounts for the Services ordered by the Customer shall become invalid.
8. In the case of default in payment, Jobwave is entitled to suspend fully or partially the performance of any Services until the complete payment of all open invoices has been made by the Customer. Furthermore, Jobwave shall not be obliged to provide further Services until all outstanding amounts have been paid.
9. Claims from the Customer against Jobwave do not entitle the Customer to withhold any agreed payments.
Obligations of the Customer
1. The Customer is obliged to cooperate with Jobwave in order to ensure the proper supply of the Services.
2. The Customer will make sure to provide Jobwave on time with all information and materials Jobwave requires for the performance of the Services.
3. The Customer will ensure that all provided information and materials are complete and accurate.
4. The Customer may not use the Website and Services for any purpose for which they were not intended.
5. The Customer is obliged to comply with all applicable laws and regulations related to the Business Relationship with Jobwave.
6. The Customer may not, whether by itself or anyone on its behalf, use our Service for any illegal, immoral, unlawful or unauthorized purposes.
7. The Customer ensures that any content it provides to Jobwave, publishes or uses on Jobwave’s website, digital channels, offline channels, media or events is free of third-party rights or that the Customer has obtained and disposes usage rights for such content. The Customer is obliged to indemnify and hold Jobwave harmless from any third-party claims arising from the use of content provided by the Customer.
8. The Customer will not copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, combine, scrape, systematically download or disassemble any portion of the website, software, material or content made accessible by Jobwave on or through the Service.
9. Additional Service-related obligations of the Customer are outlined in the respective appendix for each Service.
Commercial Communication
1. The Customer agrees to be contacted by Jobwave by email, direct mail, social media or telephone in relation with commercial offers related to the Services, including for the time after the end of the Business Relationship. The Customer may opt-out from such communication at any time by sending an email with the respective opt-out notice to our e-mail address.
Intellectual Property and Usage Rights
1. The Website, the Service, the Content, the Jobwave’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks and trademark applications, trade names, domain names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (the, “Intellectual Property”), are owned by and/or licensed to Jobwave and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Jobwave and its licensors.
2. The T&C do not convey to you an interest in or to Jobwave’s Intellectual Property but only a limited revocable right of use in accordance with the Contract and the T&C. Nothing in the Contract or T&C constitutes a waiver of the Jobwave’s Intellectual Property under any law.
3. To the extent you provide any feedback, comments or suggestions to Jobwave (the “Feedback”), Jobwave shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Jobwave current or future products, technologies or services and use the same for any purpose, all without further compensation to you and without your approval. You agree that all such feedback shall be deemed non-confidential. Further, you warrant that your feedback is not subject to any license terms that would purport to require Jobwave to comply with any additional obligations with respect to any Jobwave current or future products, technologies or services that incorporate any feedback.
4. By submitting any content to Jobwave, you hereby represent and warrant that you own all rights to the content or alternatively, that you have the right to give Jobwave the license described above. You represent and warrant that the content provided by you does not infringe on the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party.
5. Jobwave reserves the right to use the content provided by you through the Service, website and/or any other medium currently invented or invented in the future for marketing purposes. This includes usage of the content on the website, within the Service and in marketing campaigns (e.g. to promote the Companies job offers publicly). Jobwave is not required to host, display, or distribute any of the content and Jobwave may refuse to accept or transmit the content, and may remove or delete all or any portion or the content from the website at any time. You waive and agree to never assert any copyrights in and to all of the materials licensed in this section.
Warranty and Limitation of Liability
1. Jobwave does not assume any warranty that the Customers’ expectations of the Services offered are met.
2. The Customer shall have no claims for damages against Jobwave of whatever type, irrespective of the legal basis therefore, unless these claims are based on culpable loss of life, bodily injury, impairment of health, intent, gross negligence or culpable violation of a cardinal obligation by us or by any of our legal representatives, employees or vicarious agents.
3. In the case of claims for damages in connection with violation of cardinal obligations that are not based on intent or gross negligence on our part or on the part of any of our legal representatives, employees, or vicarious agents, our liability is limited to the foreseeable amount of damage or loss that is the equal to the paid price associated with the contract.
4. To the extent that our liability is limited or excluded, these rules shall also apply to the personal liability of our legal representatives, our employees and vicarious agents.
5. The liability for slight negligence of Jobwave, except for personal injuries, shall be excluded.
6. Jobwave is not liable for not complying with contractual duties or provisions, if the reason for non-compliance is due to circumstances beyond the control of Jobwave. This applies particularly to the cases of force majeure.
7. Jobwave shall not be liable for any direct, indirect and consequential damages, in particular, but without limitation to, lost profits and third party claims arising out of or in connection with the Website or the Services.
8. The Customer acknowledges that according to the state of technology there is no process to guarantee error-free execution of software. Therefore, Jobwave may not assume any liability for a continuous, error-free operation and a permanent usage of the Website or the Service.
9. No liability shall be assumed for correctness and completeness of any information on the Website. Jobwave takes no responsibility and assumes no liability for any information / content that is posted, stored, uploaded, or transmitted via the website or the Services, or for any loss or damages that may occur because of such information / content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity.
10. Jobwave shall not be liable for any kind of abuse of data or information by either the Customer or third parties.
11. Further, Jobwave shall not assume any liability for system failures, disturbances, data loss and viruses resulting from external attacks or any other reason.
12. The Customer is obliged to indemnify and hold Jobwave harmless against any third party claims resulting from the use of the Website or the Services.
13. Any claims asserted against Jobwave by the Customer shall lapse three months after such claims arise, irrespective of the time at which the Customer becomes aware of these.
Force Majeure
1. Jobwave shall be relieved of its obligations if the Contract or parts of it cannot be performed or the Service needs to be changed or terminated due to reasons or failure which result from anything beyond the reasonable control of Jobwave (e.g. extreme weather, flood, fire, terrorism, war, pandemic, governmental acts, risk to public health, etc.) or anything that would make a performance of the obligations illegal or impossible. In the event of force majeure, Jobwave shall be under no obligation to refund all or part of the amounts paid by the Customer. Jobwave shall be under no liability to the Customer which may result thereof.
Confidentiality
1. Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to the Business Relationship between Jobwave and the Customer and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
2. The terms of these clauses shall apply indefinitely notwithstanding the termination of the contract.
Term and Termination
1. Unless otherwise agreed in writing, these T&C shall apply and remain in full force during the entire Business Relationship between Jobwave and the Customer. The Business Relationship ends when the Customer cancels his Company Account and all applicable Service-related terms have expired and the Customer no longer is using Services of Jobwave.
2. All provisions of these T&C that expressly or by their nature contemplate performance after the Business Relationship between Jobwave and the Customer ends, will survive and remain in full force and effect. For example, this is the case for provisions such as confidentiality, warranty, liability, payment, payment conditions, intellectual property, non-circumvention, indemnification, commercial communication, or similar.
3. Without limiting any other provisions of these T&C, the termination of the Business Relationship between Jobwave and the Customer for any reason will not release the Customer from any obligations incurred prior to termination or that thereafter may arise related to any act or omission prior to such termination.
Applicable Law and Place of Jurisdiction
1. All legal disputes which may arise out of or in connection with the Business Relationship and these T&C and/or the legal relationship between Jobwave and the Customer shall be governed by and construed under the laws of the Netherlands without giving effect to its conflict of law rules and UN Sales Convention.
2. Jobwave and the Customer agree that the respective court in XXX shall have jurisdiction to hear and determine any suit action or proceedings and to settle and for such purposes, irrevocably submit to the jurisdiction of such courts.
Final Provisions
1. Jobwave is entitled to appoint subcontractors in order to fulfill its contractual duties. In such a case Jobwave retains responsibility for the fulfillment of all duties assumed. Jobwave is entitled to transfer rights and duties in part or in whole to third parties.
2. Jobwave is entitled to use the data produced under the Business Relationship for analytical purposes and publish to publish the data in anonymized form.
3. Jobwave is entitled to use the company name and the logo of the Customer as a customer reference in marketing materials. The Customer may object such use in written form at any time.
4. A breach by the Customer against these T&C or any of the listed obligations (the “Customer’s Fault”) entitles Jobwave to suspend the performance of the Services or in certain cases to terminate the Business Relationship and all contracts and agreements with immediate force. Jobwave will not be responsible for any damage, costs or losses the Customer sustains directly or indirectly from a suspension of the Services or termination of the Business Relationship. Jobwave will have no obligation to refund any amounts that have already been paid by the Customer and the Customer will reimburse Jobwave on written demand for any verifiable damage, costs or losses that have arised directly or indirectly from the Customer’s Fault.
5. Should any provision of these T&C (or any part thereof) be invalid, the validity of the other provisions shall not be affected. The invalid or ineffective provision shall be deemed to be replaced by such valid and effective provision that most closely corresponds to the economic purpose of the invalid or ineffective provision.
6. Any changes, amendments and side agreements to these terms are only valid if they are made in writing. This shall also apply to any agreed waiver of the written form requirement.

Appendix: Product Descriptions & Supplementary Terms

Job Ads

Jobwave provides its customers with space on the Website for the purpose of the promotion of job advertisements.
Job advertisements are available in different variations as specified on the Website (e.g. “Job Ad Light”, “Job Ad”, “Job Ad Plus”). The detailed specification of each variation of job advertisements regarding its features, duration and prices are published on the Website. Jobwave reserves the right to change the name, content, duration, price or features of a variation, to discontinue a variation or to roll out new variations at any time. For reasons of simplicity and better understanding any of these variations are hereinafter referred to as “Job Ads”.
The Customer is entitled to publish Job Ads on the Website under the terms of the T&C and these supplementary Terms for Job Ads.
The Customer will have access to its Company Account on the Website in order to be able to publish, edit and remove its Job Ads, as well as to view and manage applications from candidates.
The Customer is responsible to provide all necessary information and material for the Job Ad and will make sure that all provided and published information and material are accurate and comply with applicable laws.
Job Ads will be published at the time agreed in the confirmed Order. If no specific date is defined, Job Ads will be published immediately upon submission by the Customer.
The publication duration of a Job Ad is defined in the Service Contract and starts with the first day a Job Ad is published.
The number of Job Ads agreed in the Service Contract can only be used if the Job Ads are published within the term of the Service Contract. With the expiration of the Service Contract any remaining number of unused Job Ads lapse.
A Job Ad can only be used for a single job position.
The Customer can review applications to Job Ads in its Company Account on the Website (a login is required to view applications) during the period when the respective Job Ad is active and 14 days after the respective Job Ad expires. Jobwave may, at its sole discretion, allow the Customer to view the applications for the Customer’s Job Ads for a certain limited period after the expiration of the Job Ads.
Jobwave reserves the right to perform a quality check on each Job Ad in order to ensure the best user experience on its Website. If a Job Ad fails the quality check, Jobwave will immediately inform the customer and offer consultation for possible improvements on the Job Ad.
Jobwave reserves the right to apply minor changes to the content or form (such as punctuation, indentation, spelling, grammar, or similar) of a Job Ad without further notice in order to improve the user experience on the Website.
Jobwave will apply major changes (such as job descriptions, or similar) to Job Ads only upon prior consultation with the Customer.
Jobwave reserves the right to refuse the publication of certain Job Ads or to remove or delete Job Ads at any time due to their content, especially in cases where the Job Ads violate applicable law, legal regulations, moral and ethical standards, quality standards, third party rights, or the T&C.
Jobwave is not liable or responsible for any supplied data, information or material published by the Customer. In that regard, the Customer shall indemnify and hold Jobwave harmless against any third party claims.
Jobwave does not warrant that a Job Ad of the Customer will receive a certain number of candidate applications.
Jobwave does not warrant that the qualifications of the submitted applications to Job Ads of the Customer meet the criteria of the respective Job Ad.
Further, Jobwave does not warrant that an employment contract will be concluded between the Customer and a candidate through the usage of the Services.
Jobwave does not act as an agent for the Customer or the candidates. Any agreements created between the Customer and candidates are not binding on Jobwave. Jobwave is not liable for, or obligated to enforce, any agreements between the Customer and candidates. The Customer will not consider Jobwave, nor will Jobwave be construed as a party to such agreements. Jobwave will not be liable for any costs or damages arising out of or related to such agreements. In that regard, the Customer shall indemnify and hold Jobwave harmless against any third party claims.
In order to improve the Service and the user experience on the Website, Jobwave reserves the right to change the visual presentation of Job Ads at any time without further notice.

Company Page / Brand Page

Jobwave provides the Customer with space on the Website for the purpose of promoting the company of the Customer (the “Company Page”, “Brand Page”).
The Company Page contains information about the company of the Customer such as name, location, company description, company values, benefits, and similar other information. The Company Page further aggregates and displays all available published Job Ads of the Customer. The Customer can publish additional content in the form of text, video or images on its Company Page with the goal to present the Customer as an attractive brand
The Customer is entitled to publish the Company Page on the Website under the terms of the Service Contract and these T&C.
The Customer will receive login credentials in order to access its account on the Website and to be able to publish, edit and remove its Company Page.
The Customer is responsible to provide all necessary information and material for the Company Page and will make sure that all provided and published information and material are accurate and comply with applicable laws.
The publication duration of a Company Page is defined in the Service Contract and starts with the first day when the Company Page is published.
Jobwave reserves the right to perform a quality check on the Company Page in order to ensure the best user experience on its Website. If a Company Page fails the quality check, Jobwave will immediately inform the customer and offer consultation for possible improvements on the Company Page.
Jobwave reserves the right to apply minor changes to the content or form (such as punctuation, indentation, spelling, grammar, or similar) of the Company Page without further notice in order to improve the user experience on the Website.
Jobwave will apply major changes (such as company description, location, or similar) to the Company Page only upon prior consultation with the Customer.
Jobwave reserves the right to refuse the publication of the Company Page or to remove or delete the Company Page at any time due to its content, especially in cases where the Company Page violates applicable law, legal regulations, moral and ethical standards, quality standards, third party rights, or the T&C.
Jobwave is not liable or responsible for any supplied data, information or material published by the Customer. In that regard, the Customer shall indemnify and hold Jobwave harmless against any third party claims.
In order to improve the Service and the user experience on the Website, Jobwave reserves the right to change the visual presentation of the Company Page at any time without further notice.

Recruiting Service (Pay-per-Hire)

The scope of the Recruiting Service shall be the search, selection and nomination of candidates (the “Candidates”) by Jobwave for open job positions of the Customer.
The price for the Recruiting Service is defined in the Service Contract and, unless otherwise agreed, consists of:
1. Setup Fee/Service Fee: A fixed non-refundable fee, payable immediately after the conclusion of the Service Contract.
2. Success Fee: The Customer shall pay a Success Fee for each placement generated through the Service. The amount of the Success Fee is defined in the Service Contract. Jobwave makes use of long-term (12 months +) position service contracts and temporary position(less than 12 months) service contracts. For long-term positions the Success fee is calculated based on the gross annual target salary, including all potential or guaranteed bonus payments, commissions, any type of allowances and any other form of compensation the Candidate receives during their first year of employment from the Customer. For the temporary position the Success Fee is calculated based on the duration, location and experience/rank of the required Candidate. This fee is stated on the service contract.
3. Other fees: If defined in the Service Contract the Customer may be charged additional fees for the use of the Service.
A placement is defined as any form of temporary or long-term employment, agreement, contracting, freelancing or other use of a Candidate by the Customer (the “Placement”, the “Hire”).
Jobwave may contact the Customer to request status updates about the ongoing recruiting process with nominated Candidates.
In order to increase the Customers chances for a successful placement the Customer agrees to take best efforts in providing a good recruitment experience for the nominated Candidates during the hiring process.
1. The Customer will get in touch with nominated Candidates within five business days after they have been submitted by Jobwave.
2. The first interview between the Customer and a nominated Candidate shall be scheduled no later than two weeks after the initial contact between the Candidate and the Customer.
3. The Customer shall answer inquiries from the Candidate within five business days.
4. The duration between the initial contact of the Customer and the Candidate and the successful placement shall not be longer than 45 days (including all interview stages and the issuance of a job offer).
5. The Customer shall provide Jobwave feedback on newly nominated Candidates within three business days.
6. The Customer shall inform Jobwave immediately if the Customer decides to change any of the requirements of a job position.
7. The Customer shall provide Jobwave weekly feedback on the status of nominated Candidates who are still in an active recruiting process with the Customer.
8. The Customer shall answer requests and inquiries by Jobwave about the ongoing recruiting process within two business days.
9. If any of these obligations are violated, Jobwave is entitled to terminate the Service Contract with immediate effect and with no obligation to issue any refunds.
The Customer shall notify Jobwave within three business days when a Candidate and the Customer have reached an agreement (e.g. the Candidate has accepted an employment offer), an employment contract has been signed, a freelancing contract has been signed, or any other type of work engagement or similar has been agreed on between the Customer and the Candidate. The Customer shall provide Jobwave with detailed information about the agreed gross annual target salary and any other form of compensation with the Candidate. On request, the Customer shall provide Jobwave with a copy of the original signed contract between the Candidate and the Customer. Not disclosing a Placement or disclosing a Placement with wrong information will result in a contractual penalty that shall not be less than five times the financial loss caused through this action with a minimum penalty of EUR 30,000 that is immediately payable to Jobwave.
The Success Fee will be invoiced and is payable immediately upon an agreement between the Customer and the Candidate has been reached.
The Success Fee applies to Placements of Candidates within 24 months after the Candidate has been presented or nominated by Jobwave to the Customer. This clause is not affected by the termination of the Service Contract or the Business Relationship.
The Success Fee also applies if the Candidate has been hired by a connected company of the Customer (e.g. a subsidiary).
The Customer agrees to not circumvent the Service by any means, for example by hiring the Candidate through a third-party.
The Customer may be exempted from paying the Success Fee by providing proof that the Candidate has already been in an active hiring process within the past three months before the Candidate was introduced by Jobwave. The Customer has to notify Jobwave and dispute the Success Fee within five working days, including detailed proof of the subject matter, after the Candidate has been introduced by Jobwave, otherwise the Success Fee shall apply in its full amount. An active hiring process has happened if (1) the Customer has approached the Candidate, (2) the Candidate responded positively and (3) a first meeting between the Candidate and the Customer has taken place. If any of these three conditions is not met, the Success Fee shall apply in its full amount.
The Success Fee shall also apply in its full amount if a Candidate has been in the process with Jobwave regarding the job positions of the Customer and the Candidate applies directly to the Customer before Jobwave could present the Candidate to the Customer. In such a case Jobwave will provide proof to the Customer about the subject matter.
If a Candidate is hired for less than 12 months (temporary position), the Success Fee will be calculated on a temporary basis, like described in point 2.b. When this hire is extended to exceed the length of 12 months, Jobwave is entitled to recalculate the Success Fee based on their standard permanent position success fee.
In the event of the lawful termination of the long-term (12 months +) employment contract (the “Termination”, “Termination Event”) either by the Customer or the Candidate before or within 90 days after the effective start of the employment contract, Jobwave will either offer a replacement candidate or will issue a refund of the Success Fee under the following terms:
1. 75% of the Success Fee will be refunded if the Termination Event is within the first 30 days after the effective start date of the employment contract.
2. 50% of the Success Fee will be refunded if the Termination Event is within 31 to 60 days after the effective start date of the employment contract.
3. 25% of the Success Fee will be refunded if the Termination Event is within the 61 to 90 days after the effective start date of the employment contract.
4. 100% of the Success Fee will be refunded if the Termination Event is before the effective start date of the employment contract under the condition that the Termination Event is triggered by the Candidate’s decision (explan.: The Candidate decides to not start the employment after an employment contract has been signed).
5. Should the Customer decide to not start the employment after an employment offer has been extended to and accepted by the Candidate, a cancellation fee of 1000 EUR shall be paid to Jobwave.
6. No refund shall apply if the reason of Termination is due to restructuring, an economic layoff, a modification or change of the Candidate’s position, bankruptcy of the Customer or if the Termination was unlawful.
7. If Jobwave and the Customer agree to opt for a replacement instead of a refund, the following conditions shall apply.
  1. All open amounts due by the Customer have been paid to Jobwave in accordance with the Contract, the Service Contract and T&C.
  2. The position for the replacement candidate is the same as for the initial placement.
  3. Moreover, if the salary for the replacement Candidate is higher than for the initial placement, Jobwave will invoice the difference of the Success Fee to the Customer.
8. The Customer has to notify Jobwave within 3 business days when a Candidate is being rehired within 12 months after a Termination Event. In such case, the full Success Fee applies and any refunds will be reclaimed by and are payable immediately to Jobwave.
9. Individual agreements regarding the (partial) refund of the Success Fee on the Service Contract offered by Jobwave to the Customer overrule the conditions and terms stated in this paragraph.
In the event of the lawful termination of the temporary employment contract (less than 12 months) (the “Termination”, “Termination Event”) either by the Customer or the Candidate before the effective start of the employment contract up untill 31 days after the effective start date, Jobwave will either offer a replacement candidate or will issue a refund of the Success Fee under the following terms:
1. 75% of the Success Fee will be refunded if the Termination Event is within the first 5 days after the effective start date of the employment contract.
2. 50% of the Success Fee will be refunded if the Termination Event is within 5 to 21 days after the effective start date of the employment contract.
3. 25% of the Success Fee will be refunded if the Termination Event is within the 21 to 31 days after the effective start date of the employment contract.
4. 100% of the Success Fee will be refunded if the Termination Event is before the effective start date of the employment contract under the condition that the Termination Event is triggered by the Candidate’s decision (explan.: The Candidate decides to not start the employment after an employment contract has been signed).
5. Should the Customer decide to not start the employment after an employment offer has been extended to and accepted by the Candidate, a cancellation fee of 300 EUR shall be paid to Jobwave.
6. No refund shall apply if the reason of Termination is due to restructuring, an economic layoff, a modification or change of the Candidate’s position, bankruptcy of the Customer or if the Termination was unlawful.
7. If Jobwave and the Customer agree to opt for a replacement instead of a refund, the following conditions shall apply
  1. All open amounts due by the Customer have been paid to Jobwave in accordance with the Contract, the Service Contract and T&C.
  2. The position for the replacement candidate is the same as for the initial placement.
  3. Moreover, if the salary for the replacement Candidate is higher than for the initial placement, Jobwave will invoice the difference of the Success Fee to the Customer.
8. The Customer has to notify Jobwave within 3 business days when a Candidate is being rehired within 12 months after a Termination Event. In such case, the full Success Fee applies and any refunds will be reclaimed by and are payable immediately to Jobwave.
9. Individual agreements regarding the (partial) refund of the Success Fee on the Service Contract offered by Jobwave to the Customer overrule the conditions and terms stated in this paragraph.

Terms of service for Companies

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