Terms of Use for Businesses

Version 2025.03

JobFunders is managed by JOBFUNDERS BV, with registered office at 8550 Zwevegem, Meidoornstraat 11 and registered in the Register of Legal Entities under number 0567.877.194 (hereinafter 'JobFunders'). These General Terms and Conditions apply to any use by the Customer of JobFunders and the Services connected therewith.

Once the Customer registers and accepts these General Terms and Conditions, he acknowledges having read the content of the General Terms and Conditions and accepts them in their entirety. Such acceptance establishes a valid and binding Agreement between JobFunders and the Customer.

  1. Definitions

Account: the Customer's account, which provides access to the Customer's personalized environment on JobFunders and to which access to the Services is obtained via the User's Login Credentials;

GDPR: Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of data, and repealing Directive 95/46/EC (General Data Protection Regulation);

Services: the services as described below that JobFunders offers to the Customer via JobFunders;

User: natural persons or legal entities acting on behalf of the Customer during the use of JobFunders. For the Customer, these may be employees of the Customer or third parties designated by the Customer who gain access to JobFunders and to whom access rights are granted to use the Services;

Intellectual Property Rights: all trademarks, logos, domain names, designs, models, patents, copyrights and moral rights, rights relating to databases, software, know-how and other rights, as well as all industrial and intellectual rights, in any event regardless of whether or not they are registered, as well as all equivalent rights or forms of protection that produce a similar result anywhere in the world;

Candidate: natural person who has registered on JobFunders in order to be contacted regarding a vacancy or to be able to respond to a vacancy themselves;

Candidate details: all data added by the Candidate to his profile on JobFunders, such as, among others, his contact details, CV and digital profile;

Customer: any legal entity that enters into an agreement with JobFunders regarding the Services;

Customer details: the data relating to the Customer that the User uploads, forwards or otherwise processes via JobFunders;

Login details: personalized data assigned of the User to gain access to JobFunders;

Match: mutual interest between Candidate and Client in the context of an application for a specific vacancy;

ReferencesBy completing the 'references' section and providing references, a Candidate grants JobFunders permission to contact the provided references to verify the information provided. The Candidate hereby confirms that they have informed the references and that they agree to share information about the Candidate. The information received by JobFunders will be treated confidentially and used within the framework of the Candidate's application procedure(s).

JobFunders: the digital platform available at https://www.jobfunders.com that JobFunders uses to provide the Services;

Force majeur: circumstances over which a Party has no control and which could not reasonably have been foreseen and which prevent the full or partial performance of obligations under this Agreement, such as natural disasters, war, insurrection or riots, fire, flood, explosion, worldwide or regional internet outages, pandemics, including any consequences thereof, such as, for example, government measures, which are beyond the control of either Party and cannot reasonably be prevented by either Party. This also includes any technical failure of servers, databases or cloud services, if such failure is beyond the reasonable control of JobFunders and is not the result of negligence.

Job vacancy: job offer that can be found on the JobFunders platform;

Affiliated Company: means, with respect to the Client, any company, partnership or other entity that directly or indirectly exercises control over, is controlled by, or is under common control with the Client. “Control” means direct or indirect ownership of at least 50% of the shares;

Working day: every day of the week, with the exception of Saturday, Sunday and Belgian public holidays;

Employer: any legal entity that enters into an agreement with JobFunders regarding the Services;

  1. JobFunders Services

The Services of JobFunders offered via JobFunders consist of providing access to and use of the JobFunders SaaS platform for the purpose of posting and managing vacancies, and promoting vacancies via marketing campaigns. In addition, the Services also consist of providing support to the User in the use of JobFunders.

  1. Customer Registration and Account Creation

3.1 The registration of a Customer is established by direct registration by the Customer or the signing of an agreement with JobFunders.

3.2 The Customer registers a User on JobFunders, after which an Account is created in the User's name. The Customer bears full responsibility at all times regarding the registration of the User. The Customer determines who uses the Account and guarantees that the User will only access JobFunders for the Customer's own business purposes.

3.3 Login details are always personal and confidential and may not be shared. The Customer shall make reasonable efforts, including taking adequate security measures regarding the login details for the Account and regularly updating data, to ensure that unauthorized persons cannot gain access to JobFunders.

3.5 JobFunders reserves the right to block any Account if it suspects that the Login Credentials are being used by an unauthorized person.

  1. Use of the Services

4.1 The Customer acknowledges that he is gaining access to the Services in the form of 'Software as a Service (SaaS)'. The Customer must ensure that he has a sufficiently functioning internet connection. JobFunders is not responsible nor liable for any direct or indirect damage caused as a result of interruptions or performance degradation in the Customer's internet connection.

4.2 The Customer shall use the Services only in accordance with the Agreement and applicable laws and regulations.

4.3 The Customer bears all responsibility with regard to the content of the Customer Data and the use of JobFunders.

4.4 The Client is in no way permitted to copy the Candidate Data and use it directly without the consent of the Candidate.

4.5 The Client is prohibited from sharing Candidate data with other companies without the explicit consent of the Candidate.

4.6 JobFunders is not responsible for verifying that every Candidate complies with applicable labor laws. If the Client wishes to hire a Candidate who does not possess a work permit, the steps to be taken to obtain a work card or any other authorization shall be at the Client's expense.

4.7 The Client is always responsible for their choice of a Candidate. JobFunders is not liable if the Candidate proves not to meet the Client's requirements or expectations. JobFunders is not liable if the Candidate has provided incorrect or incomplete information that could lead to a Match. JobFunders is not liable for any damage arising from the use of incorrect or incomplete information provided by a Candidate.

  1. Cost of the Services

5.1 As soon as the Customer wishes to make use of the Services, the Customer owes the fee to JobFunders as described in JobFunders or in a specific agreement between the Customer and JobFunders.

5.2 Unless otherwise stipulated, the Customer receives a cooperation agreement in which the commercial terms of access to the Services are described.

5.3 Unless otherwise stipulated, the Customer will receive an invoice for the purchase of access to the Services. .

5.4 Unless otherwise stipulated, invoices must be paid within 30 calendar days. Any invoice that is not paid, or only partially paid, on a due date will be increased, without prior notice of default, by default interest of 1% per commenced month, in addition to €250.00 (excluding VAT) by way of lump-sum compensation, without prejudice to JobFunders' right to claim higher compensation. If JobFunders is compelled to take collection measures, JobFunders may resort to direct debit, and all reasonable costs associated therewith, such as legal costs, shall be borne by the Customer. In addition, JobFunders has the right to suspend access to JobFunders, and all invoices become immediately due and payable, even if they were essentially not yet due.

  1. Logging

6.1 JobFunders records access to the Services for security reasons, platform integrity, and billing. This includes, among other things, log data regarding every potential Match between the Client and the Candidate, contact via the chat system, viewing of Candidates, as well as Candidates added to favorites lists.

6.2 The Client agrees that these log data constitute evidence that access was obtained to the Services and that the Services were used in a certain manner, unless proven otherwise. Thus, the Client expressly confirms that these log data may serve as evidence to determine which Candidate profiles were viewed by the Client and with which Candidates the Client had contact.

  1. Duration and termination of the Agreement

7.1 The Agreement is entered into for an indefinite period. The Customer may terminate the Agreement at any time by deleting their Account. Termination of the Agreement does not release the Customer from the obligation to pay all outstanding amounts. Upon termination of the Agreement, all outstanding invoices become immediately due and payable.

7.2 JobFunders may deny the Client and its User access to the Services if the Client fails to perform its obligations and does not rectify this within the period granted after notice of default. JobFunders will give the Client written notice of default, granting a period of 10 working days to rectify the shortcoming.

  1. Confidentiality

8.1 The Customer undertakes to keep confidential all information disclosed pursuant to or in connection with this Agreement (regardless of whether such information is expressly designated or marked as such) and therefore not to disclose such confidential information to others or to use it for purposes other than the performance of the Agreement.

8.2 Any access to Candidate Data is confidential. Candidate Data must be treated confidentially by the Client and may not be disclosed to third parties, unless this is necessary for concluding an agreement with the Candidate.

8.3 JobFunders reserves the right to claim damages for breaches of confidentiality, with a minimum amount of €1,000.00 per violation, depending on the nature and severity of the breach, and without prejudice to the right to recover the actual damages suffered.

  1. Intellectual Property

9.1 The Customer acknowledges that all intellectual property rights relating to the JobFunders platform and the Services belong exclusively to JobFunders and its licensors. Nothing in this Agreement grants the Customer any right to these intellectual property rights, except to the extent necessary for the use of the Services.

9.2 Unless expressly agreed otherwise in writing by JobFunders, JobFunders grants the Customer a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use JobFunders for the intended purposes as described in these Terms of Use.

9.3 Under no circumstances is the Customer permitted, neither directly nor indirectly:

  • reverse-engineer, decompile, disassemble or otherwise attempt to copy the source code, object code or underlying structure, ideas or algorithms of JobFunders;
  • to modify, translate, or create derivative works based on JobFunders; or
  • to use JobFunders or gain access to it to build or support products or services, and/or to assist a third party in building or supporting products or services that are competitive with JobFunders.
  • To use any form of software that copies the functionality of JobFunders or integrates it into a system that competes with the Services of JobFunders, without the prior written consent of JobFunders.

9.4 The Customer acknowledges and expressly agrees that JobFunders has the right to use/publish/share the Customer's trade names and logos on its website, social media, and Services for reference and marketing purposes.

  1. Data protection

10.1 The Parties understand and acknowledge that personal data will be processed within the meaning of Article 1 of the GDPR when using JobFunders. The Parties guarantee compliance with the GDPR and applicable national implementing legislation.

10.2 With regard to the use of JobFunders, JobFunders is the processor and the Customer is the controller, with the exception of what is included in JobFunders' privacy statement (https://www.jobfunders.com/privacy-policy/).

10.3 JobFunders processes personal data on behalf of the Client as referred to in Article 28 of the GDPR insofar as the Client maintains notes on Candidates in JobFunders and communicates with Candidates. This may involve identification data, contact details, data regarding education, and professional data of the Candidate. JobFunders processes the personal data exclusively within the scope of the assignment and in accordance with the documented instructions of the Client. The Client bears full responsibility regarding the lawful processing of this Candidate data.

10.4 JobFunders further takes appropriate technical and organizational measures in accordance with Article 32 of the GDPR to protect the processed personal data. In this regard, JobFunders guarantees compliance with at least the following protection measures: equipment access control, SSL certificate, monitoring of data carriers, monitoring of storage, usage control, identification of recipients, and logging of access to data.

10.5 JobFunders undertakes to treat Customer Data and Candidate Data confidentially at all times. Employees of JobFunders are also bound by this duty of confidentiality.

10.6 JobFunders will notify the Customer as soon as possible once JobFunders becomes aware of a personal data breach.

10.7 JobFunders will assist the Customer in complying with the Customer's obligations to respond to requests for the exercise of the rights of the data subject laid down in Chapter III of the GDPR. JobFunders will also assist the Customer in complying with the obligations under Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to JobFunders.

10.8 Upon expiration or termination of the agreement, the Customer Data will be deleted within 12 months.

  1. Liability

11.1 The liability of JobFunders is limited to the actual damage suffered for which the Customer proves that it was directly caused by an error of JobFunders, which the Customer could not have avoided or mitigated itself and which JobFunders fails to remedy within 30 working days after receipt of a notice of default, without prejudice to any other agreed resolution times.

11.2 In any event, the total aggregate contractual and non-contractual liability of JobFunders and its Affiliated Companies for damages suffered by the Customer, even in the event of gross negligence, shall be limited to 3,000.00 euros.

11.3 JobFunders shall under no circumstances be held liable for indirect damages (even in the case of gross negligence), including consequential damages, loss of profit, incurred loss, lost savings, lost potential financial or commercial opportunities, fines, loss of data, loss of customers, damage to reputation, and goodwill.

11.4 JobFunders shall in no event be liable in the event of a breach of contract resulting from Force Majeure. The party invoking Force Majeure shall immediately notify the other party in writing of the Force Majeure situation and the measures being taken to mitigate the consequences thereof.

11.5 The Customer acknowledges that JobFunders can only be held liable directly by the Customer and not by a third party, such as a User. The Customer shall therefore indemnify JobFunders against all claims that may arise within the framework of the Services and that would be caused by the Customer's own negligence, fault or omission, or that of its Users.

11.6 Any claim for compensation directed at JobFunders must be reported to JobFunders in a substantiated manner within 1 year after the damaging event, failing which the claim will lapse.

11.7 JobFunders and its employees, directors, shareholders, and other representatives cannot be held personally liable for any direct or indirect damage, loss, or costs arising from or related to the performance of their duties, except in cases of intent or willful recklessness. In the event of a dispute, any claim shall be directed exclusively against JobFunders, and not against individual employees, directors, or other representatives. In any event, JobFunders' liability for damages is limited to the amount paid out by JobFunders' insurance in the relevant case, unless there is intent or gross negligence on the part of JobFunders.

  1. Transferability

12.1 JobFunders may transfer all or part of its rights and obligations under this Agreement to a third party without prior consultation with or approval of the Customer.

12.2 The Customer does not have the right to transfer all or part of the rights and obligations of the Customer under this Agreement to a third party without the prior approval of JobFunders.

  1. Changes

13.1 JobFunders may amend these Terms of Use from time to time. If material changes are made to them, the Customer will be notified thereof via JobFunders. If a Customer does not agree with the changes made, he may close his Account. If the Customer continues to use JobFunders after being notified of the changes to the Terms of Use, this means that he agrees to the updated terms as of the effective date.

  1. Applicable law and competent court

14.1 The Agreement and all rights and obligations of the parties arising therefrom shall be governed by Belgian law.

14.2 The Parties shall always endeavor to resolve disputes by mutual consultation and in good faith. If consultation fails, disputes regarding the interpretation or execution of the Agreement shall be submitted to the courts of the registered office of JobFunders.