These terms of service (“Terms”) constitute the agreement (“Agreement”) between Homerun B.V., with its address at Singel 542, 1017 AZ in Amsterdam, registered with the Dutch Trade Register with number 66911524 (“we”, “us”, “Homerun”) and any user of our Services (“you” or “User”). Homerun’s Data Processing Agreement (“DPA”) and – if applicable – Homerun’s specific proposal (offerte) accepted by User (“Proposal”) are an integral part of this Agreement and shall have the same force and effect as set out in this Agreement. Any reference to this Agreement shall include the Data Processing Agreement and the accepted Proposal (if applicable).
- Our Services:
We offer recruitment software in the form of Software as a Service (the “Service”) that enables you to create a career site and personalised job openings, for which candidates (the “Candidates”) can apply. The Service allows your recruiters to manage the recruitment process from start to finish, including communications with candidates and appointment scheduling.
The applicable fee to make use of our Services are set out on our website (see: www.homerun.co/pricing), unless Parties have agreed on another fee as further specified in the Proposal.
Subject to the provisions of the Agreement and payment of the applicable fees, we hereby grant you a non-exclusive, worldwide, non-transferable and non-sublicensable license to use our Service. This license is granted to you only for the term of this Agreement.
- Service level:
A. Security Level and Data Transfer.
All facilities used to store and process Personal Data will adhere to reasonable security standards no less protective than the security standards at facilities where Homerun processes and stores its own information. For further conditions in this respect see the Privacy Statement and Data Protection Agreement.
B.New Applications and Services.
Homerun may make new applications, tools, features or functionalities available for the Service from time to time, the use of which may be contingent upon User’s agreement to additional terms.
C. Modifications to the Service.
Homerun may make commercially reasonable updates to the Service and may modify the functionality or features of the Service at any time, provided that such updates and modifications do not materially denigrate the functionality of the Service. Homerun will not be liable to User or any third-party for any such update or modification. From time to time, Homerun may change the location where the Service is hosted; provided, however, that the hosting will only be subcontracted to a party that complies with the relevant European privacy and that Homerun will remain responsible for the delivery of the Service.
D. Repairs or Maintenance.
It may be necessary for Homerun to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Service, which may temporarily degrade the quality of the Service or result in a partial or complete outage of the Service. Although Homerun cannot guarantee that User will receive advance notice of repairs or maintenance, Homerun will endeavour to provide reasonable notice of scheduled repairs and maintenance.
E. Suspension of Service.
Homerun may suspend all or part of the Services or the access to or use of Personal Data stored in the Service (i) if User is delinquent on payment obligations for 12 (twelve) days or more; (ii) upon receipt of a subpoena or law-enforcement request; or (iii) when Homerun has a commercially reasonable belief that User has breached this Agreement or that User’s use of the Service poses an imminent security risk or may subject Homerun to liability. Homerun will use commercially reasonable efforts to give User at least 72 (seventy-two) hours’ notice of a suspension unless Homerun determines in its commercially reasonable judgment that a suspension on shorter or contemporaneous notice is necessary to protect Homerun.
If User has problems to access or use the Service, it can reach the support department of Homerun by telephone or email during office hours (9.30 a.m. to 5.30 p.m. CET) (for current contact information, visit: https://www.homerun.co/contact). Homerun will respond to User within a reasonable time and will use its best efforts to solve the problem.
- We keep your information safe:
We have taken appropriate technical and organisational security measures with the objective to protect your information against loss, misuse and unauthorized access, alteration, disclosure or destruction. All information transferred between you and us, or between you and other users, is shared with us only on a strictly need to know basis (e.g. to help you retrieve access to your account), and is treated as strictly confidential. You can read more about how we protect your data in our privacy statement: www.homerun.co/privacy-statement.
- No representation:
We do not check or view the content placed on our Service and we are under no obligation to verify profiles submitted to you by Candidates. We make no representation or warranty in that respect. You guarantee that the content placed on our Service is not unlawful and does not infringe any third party rights. If you notice anything on our Service that violates this Agreement, please notify us immediately via out contact information at www.homerun.co/contact.
- Accessing the Service:
Once you have access to the Service, you will receive a confirmation email, with information and instructions on how to set up your account. Please keep your passwords and personal information safe – it’s your responsibility.
- Rules of Conduct:
We respect your rights and demand that you respect our rights, the rights of other Users, and of third parties. This includes privacy and intellectual property rights, such as trademarks, service marks, trade names and logos. You are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any (third party) rights. In addition, you agree not to:
A. impersonate or pretend affiliation with any person or entity;
B. access any non-public areas of our website or Service;
C. spread viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
D. attempt to probe, scan, compromise or test the security of our website or Service or any related services.
- Confidential information:
We reserve the right to disclose any confidential information in so far necessary (i) to follow a court order, (ii) to abide by any law, regulation or governmental request, (iii) to safeguard national security, defence, public security or public health and (iv) to meet our obligations to User under this Agreement
This Agreement shall enter into effect on the date of registration to the Service for an indefinite period of time and may be terminated by User at any time upon written notice, unless Parties have agreed otherwise in writing, for example in the Proposal.
Each Party may terminate the Agreement with immediate effect, without any notice being required and without being liable for any damages as a result of the termination, if the other Party:
A. is in default or negligent in the performance of its duties and obligations pursuant to this Agreement, and has not remedied such non-performance within 14 (fourteen) days after having been notified in writing;
B. has been dissolved of liquidated, or is in dissolution or liquidation;
C. has been granted suspension of payments;
has been declared bankrupt.
- Effects of termination:
In the event of termination of this Agreement for any cause:
A. the rights granted by one Party to the other Party under this Agreement will immediately cease;
all fees owed by a Party to the other Party are immediately due upon receipt of the final electronic bill.
The Service is made available on an “as is” and “as available” basis. Homerun makes no representation or warranty of any kind express of implied, regarding the content, availability or use of our Service, or that it will be error-free or that defects will be corrected. Homerun shall not be liable to you or to any third party for any kind of direct or indirect damages or losses, including without limitation, damages based upon loss of good will, lost sales or profits, work stoppage, production failure or otherwise, except for damages and losses arising as a result of gross negligence and/or wilful misconduct. Homerun’s liability for any and all claims for damages arising out or in connection with the Service and the access, application and use thereof, shall under no circumstances exceed the price paid by you to use the Service that is subject of the claim.
- Modifications to the Terms:
Homerun reserves the right to change these Terms. When we change these Terms in a significant way, we will notify Users by sending out an e-mail and posting a notification on our public changelog (updates.homerun.co) along with the updated Terms.
- Governing Law & Jurisdiction:
This Agreement is governed by Dutch law. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to this Agreement will be the courts located in Amsterdam, the Netherlands.
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