Terms and Conditions of Sale
1. Scope
1.1
cvweaver SRL/BV (hereinafter referred to as "cvweaver") and the undersigned partner company (hereinafter referred to as "the Client") accept these Terms and Conditions and the price structure agreed. These Terms and Conditions and the price structure agreed constitute the complete agreement between cvweaver and the Client. The Client's own terms and conditions of sale will therefore not apply without cvweaver's explicit written agreement.
1.2
The entire relationship between the Client and cvweaver will be subject to the Terms and Conditions of Sale in accordance with the latest contract agreed between the Client and cvweaver. These Terms and Conditions only apply to corporate Clients. They do not therefore apply to end users.
2. Acceptance of the Contract
2.1
The contract between the Client and cvweaver will only enter into effect on receipt of the formal agreement of the Client to the proposed contract submitted by cvweaver. The Client's agreement can only be confirmed on receipt of the proposed contract, signed by the Client and mentioning the date of the agreement. Any appendices to the contract, declarations and specific instructions relating to the contract and amendments to the contract must be made in writing. cvweaver deems "faxes" to be valid written documents. However, electronic messages (including emails) will not be accepted.
3. Description of Services
3.1
This contract sets down the conditions by which cvweaver supplies the products and provides the services agreed between the Client and cvweaver by this contract, published on cvweaver's website: https://cvweaver.com
("Services Provided") in accordance with these Terms and Conditions of Sale. The period during which constituent parts of the service provided by cvweaver to the Client will be published, as well as the period during which the services can be accessed, will be at least twenty hours a day. Our Additional Terms and Conditions of Sale also give a description of the services provided. This description also applies.
3.2.
By accepting the proposed contract, the Client authorises cvweaver to use the details that it provides to complete various statistical analyses and surveys. However, if the results of these analyses and surveys are published, they will be done so anonymously.
3.3
No non-competition clauses, in any form, will be accepted.
4. Prices
4.1
All information relating to payment for services provided by cvweaver to the Client are contained in the price structure available on website https://cvweaver.com. The applicable price structure is that which is in force and sent by cvweaver to the client at the same time as the proposal. Services other than those covered in cvweaver's price structure are subject to separate agreements between cvweaver and the Client.
5. Payment
5.1
The prices described in article 4 of these Terms and Conditions of Sale include all supplementary costs incurred on the part of cvweaver by the provision of services to the Client. Any costs incurred by cvweaver in modifying, correcting or verifying data are not included in these supplementary costs, if this arises because of mistakes contained in the data submitted to cvweaver by the Client. If and when the total of these supplementary costs exceeds the average costs incurred by individual orders, cvweaver will inform the Client of this. Provided that they have agreed to this, the Client will be held liable for any such supplementary costs.
5.2
cvweaver will send the invoice to the Client either on the date that a constituent part of the service provided to the Client is first supplied, or 10 days after the contract is accepted by the Client if no constituent part of the service provided by cvweaver to the Client has been provided because of the Client. The deadline for these invoices is 10 days after the date the Client receives the invoice.
Unpaid or overdue invoices will result in cvweaver invoicing the Client for interest at a rate of 10% above the base rate of the European Central Bank, as well as collection costs. In the case of unpaid invoices, cvweaver can suspend or withhold the services covered by the contract until the Client has paid any outstanding invoices in full. If the Client asserts the right of retention, this clause no longer applies. If cvweaver has come to an agreement with the Client regarding payment of the invoice by instalments, and if the Client has not paid this invoice within 30 days of the due date, the total amount of the invoice must be paid by the Client immediately.
5.4
All prices quoted by cvweaver exclude VAT which is payable on the date of invoice.
6. Collaboration
6.1
cvweaver's fundamental philosophy is to continue to improve the quality and quantity of responses to cvs and missions uploaded by the Client. cvwseaver also has a tireless commitment to working on the quality and accuracy of all of the tools with which it provides the Client to facilitate their search for the best candidate for the vacancy that they need to fill. This philosophy can specifically include the development of all sorts of partnerships with offline and online media companies. By agreeing to these Terms and Conditions of Sale, the Client authorizes cvweaver to publish any or part of the constituent parts of the service provided by cvweaver, without first notifying the Client of this. This goes for online and offline media, as well as for printed and audio and/or video media. cvweaver is committed to being particularly strict about the quality and image presented by its media partners.
6.2
All rights conferred upon the Client by this contract are under no circumstances be sold or transferred to any third party. The contract can only be transferred with the explicit authorization of cvweaver.
6.3
By agreeing to this contract, the Client also authorises cvweaver to send, by post or email, any surveys, newsletters, reports and business correspondence which may contribute to cvweaver's ongoing commitment to improving its quality standards. The Client reserves the right to withdraw consent for this kind of communication, and cvweaver will comply with this withdrawal as soon as possible after notification to this effect is received from the Client.
6.4
cvweaver reserves the right to refuse any order submitted by the Client, or unilaterally withholding any published constituent part of the service provided to the Client which would constitute a breach of the law or any other official regulations; or if this order or constituent part infringes the rights of third parties, or sound moral ethics. ("Illegal Content".) The same applies if any constituent part of the service supplied to the Client contains one or more links which lead directly or indirectly to pages with any illegal content. This does not affect the Client's obligation to pay for the service in question. cvweaver is only responsible for deleting illegal content which constitutes a breach of the law, or on the explicit request of the Client. By accepting these Terms and Conditions, the Client agrees to indemnify and protect cvweaver, on request, against the payment of any fines or legal costs following the publishing of illegal content, or in the case of a breach of the law.
6.5
cvweaver does not accept any responsibility relating to data received from the Client or any candidates, the text contained in job postings, or the related media required to store this data. In particular, cvweaver is not responsible for keeping or returning this data to the Client.
6.6
cvweaver reserves the right to use any agents that they choose to appoint.
6.7
The Client is solely responsible for any aspects relating to the configuration and good working order of their technological and IT infrastructures. They will use the most effective equipment and methods available to guarantee that their infrastructure cannot be the source or the target of any malfunctions or interference to the level of Internet service provided by cvweaver, or that might interfere in any way with the performance of the interconnected network.
6.8
The Client must assure cvweaver that the content that they publish on the Internet or submit to cvweaver to be published does not contain any elements which may be subject to rights belonging to third parties. By accepting these Terms and Conditions of Sale, the Client agrees to indemnify and protect cvweaver, on request, against any damages incurred by cvweaver following a violation by the Client of this regulation.
7. Intellectual Property Rights
7.1
Contracts between the Client and cvweaver do not transfer any (intellectual) property rights, licences or usage rights from cvweaver to the Client. All of cvweaver's rights (including, but not exclusively, rights connected to the logo, copyrights, special rights connected to data and titles, trademark rights, databases rights and all commercial rights) remain the property of cvweaver without any restrictions.
7.2
All of the content and all kinds of documents published through cvweaver are subject to cvweaver's intellectual property rights (trademark rights, copyrights, databases rights and special rights connected to data). However, individual components of any content created by the Client will not be subject to cvweaver's intellectual property rights if these components are already subject to the Client's intellectual property rights and if cvweaver is not called upon to make any modifications or revisions to these components.
7.3
By accepting the contract proposed by cvweaver for providing online space for cv and missions storage, the Client recognises that cvweaver is the creator of the databases of cv and missions submitted by the Client and analyzed by cvweaver.
7.4
The Client is solely responsible for ensuring that the content submitted to cvweaver for analyze in its database of cv and missions complies with all laws relating to the press, regulations relating to competition law and any other applicable regulations.
7.5
By accepting these Terms and Conditions of Sale, the Client grants cvweaver the licence to use, communicate to third parties and reproduce the content, data, trademark, trademark name, logo or any other words or symbols belonging to the Client in order to provide constituent parts of the service provided by cvweaver to the Client under this contract. In the same way, by submitting an order the Client warrants that they have acquired, by any means, all necessary usage rights, copyrights and additional copyrights, so that cvweaver can provide all of the constituent parts of the service supplied by cvweaver to the Client. This includes, but is not limited to, the publication of content and any Client information on the Internet.
8. Warranties
8.1
cvweaver warrants that it will do everything in its power, to the best of its abilities, to provide all of the constituent parts of the service provided by cvweaver to the Client, as they are described in the relevant documentation. Where supplying a constituent part of the service provided by cvweaver to the Client involves developing software, cvweaver will do everything in its power to develop software that does not contain any errors. By accepting these Terms and Conditions of Sale, the Client recognises that, because of the technological complexity involved, it is neither possible nor economically viable to develop software that is totally error-free.
8.2
The Client warrants that they will make available to cvweaver all documents and constituent parts of the content required to achieve the objectives set out in this contract. In particular, this includes supplying the text for the job postings to be published, as well as all elements relating to the electronic formatting and layout of these job postings. This also includes the Client's obligation to warn cvweaver immediately if one of the constituent parts of the service supplied by cvweaver to the Client has expired. Furthermore, the Client must comply with the obligation to cooperate as specified in the relevant Additional Terms and Conditions of Sale or, where applicable, in the descriptions of constituent parts of the service supplied by cvweaver to the Client. If cvweaver judges that the Client has not complied with this obligation when required to do so, the amount of time cvweaver will have to provide its services will be extended accordingly. This measure will not apply if cvweaver is responsible for any delay.
9. Liability
9.1
Subject to the conditions set out in articles 9.2, 9.3, 9.4 and 9.5 of these Terms and Conditions of Sale, cvweaver's liability is restricted to the limits set by the law in force and to direct loss (excluding indirect, specific, additional or punitive damages and interests for loss of profits or income, for loss of commercial information, for any interruption to their business, or for any invasion of privacy) up to the amounts specified below:
9.1.a. If damage is caused by a delay in the provision of services on the part of cvweaver: 0.5% of the price of the constituent part of the service provided by cvweaver to the Client concerned per "whole" week (7 days) that the provision of the service is delayed, capped at 5% of the price of the contract for the constituent part of the cvweaver service concerned.
9.1.b. If damage is the result of any other factor, this total is capped at 5% of the price of the contract.
9.2
cvweaver does not accept any liability related to the following points:
9.2.a. The accuracy and authenticity of data published by cvweaver on the Client's request. cvweaver cannot be held liable for information and statements contained in this information.
9.2.b. Actions by third parties with whom the Client has entered into an agreement to carry out obligations specified within these Terms and Conditions of Sale.
9.2.c. Force Majeure. As described in article 10.1 of these Terms and Conditions of Sale.
9.3
Where the contractually secured use of one of the constituent parts of the service provided by cvweaver to the Client is limited by rights belonging to third parties, cvweaver can, at its own cost, either obtain the agreements needed to use this constituent part of the cvweaver service in accordance with the rights of the third parties, or modify the constituent part of the cvweaver service in order to avoid this limitation. Any measures taken by cvweaver to these ends will not in any case result in unreasonable disruption to this constituent part of the cvweaver service for the Client. Where the Client is aware, in any way whatsoever, of third party protection rights that may affect the supply of a constituent part of the cvweaver service, the Client must inform cvweaver of this immediately and in writing.
9.4
The Client must submit any claim for damages against cvweaver is within 3 months from the date on which the Client became aware, or should have become aware, of the failure.
9.5
All exemptions and limitations to liability relating to damages and interests described in article 9 are applicable independently of the fact that cvweaver's liability is or is not based on a breach of the contract, on a criminal act (including acts of negligence), on strict or product liability, on a breach of warranty, on a concealed defect, or on any other kinds of legal obligations. This is also the case where (i) cvweaver would have reasonably been able to anticipate such damages, (ii) cvweaver is informed of the possibility of such damages or (iii) if the damages and interests follow on from gross negligence on the part of cvweaver.
10. Force Majeure
10.1
In the event of "Force Majeure" ? the common term which, in this document, includes unpredictable events which seriously affect the economic conditions of a contract between the Client and cvweaver as well as Force Majeure as it is more generally understood ? cvweaver can either adapt the contract accordingly and in good faith (extending the time required to fulfil the terms of a contract for example, to a duration equivalent to that of the event which led to Force Majeure), or terminate the contract, possibly with immediate effect.
Force Majeure includes, but not exclusively, natural disasters, war, fire, acts of terrorism and any other situation which can be shown to have affected the infrastructures used by cvweaver to provide the constituent parts of cvweaver's service to the Client. Also included are server or computer system failures and communication failures beyond cvweaver's control, or caused by malfunctions or interruptions to the networks used, or by any other problems relating to the Client's equipment, software or telecommunications infrastructure.
11. Confidentiality
11.1
cvweaver warrants that all information and documents transferred within the context of fulfilling this contract and marked as confidential will remain strictly confidential. This confidentiality will also continue to be observed when this contract is no longer valid.
11.2
Accepting this contract also commits the parties, both the Client and cvweaver, to respect all laws in force for the duration of the validity of the contract and relating to data protection and respect for privacy.
11.3
In accordance with data protection laws, the Client is informed by these Terms and Conditions of Sale that data will be kept by cvweaver in a usable electronic format, whatever the technology used, and that cvweaver will use this data with the sole aim of fulfilling this contract.
11.4
The Client must demonstrate all due care and attention at all times. They must also take all necessary precautions when handling, using and transmitting its user ID, passwords, and any other security information used to protect the confidentiality of data. The Client will take all necessary measures immediately to guarantee the confidentiality of data, their appropriate use and their security, and avoid transmitting data, directly or indirectly, to third parties not known to cvweaver. This also includes a ban for the Client on using their access rights (user ID, password) to the cvweaver environment with a view to enabling unknown third parties to benefit from all or part of the information contained in the cvweaver databases, even for purposes relating to the demonstration or functioning of the tool. The Client will be liable where unknown third parties use these passwords or usernames on the cvweaver system. This applies at all times, unless the Client can prove that third parties have obtained these usernames and passwords without the Client's involvement, or if the Client can prove that this information was obtained in circumstances directly or indirectly beyond the Client's control. The Client must inform cvweaver immediately if any third party not known to cvweaver is found or thought to be using any of these security details, or if these security details might be, or are being used without authorisation. If the Client breaches the material obligations specified in this contract in any way whatsoever, including, but not limited to, the obligations specified in this article, cvweaver reserves the right to suspend the fulfilment of its obligations and its services immediately without any prior warning, and without releasing the Client from all payment obligations to cvweaver. cvweaver also reserves the right to take any legal action that it may deem appropriate, including any action for damages, should the client fail to fulfil the obligations imposed further by this contract, including the obligations imposed pursuant to this article on data confidentiality.
12. Duration
12.1
This contract between the Client and cvweaver enters into effect on the date on which cvweaver creates the client account. The term of the contract agreed between the Client and cvweaver will take effect on the day that cvweaver provides the Client with the first constituent part of the cvweaver service. Where no contract term has been explicitly agreed in writing between cvweaver and the Client, this contract will be understood to last for 12 months after cvweaver provides the Client with the first constituent part of the cvweaver service. When the liability for any delay in the supply of the first constituent part of the cvweaver service is incumbent upon the Client, the contract will take effect 14 days after cvweaver receives the signed contract. The contract will be automatically terminated at the end of the period of Client's account except in cases explicitly defined in the rest of these Terms and Conditions of Sale where the Additional Terms and Conditions of Sale explicitly specify different measures.
12.2
For constituent parts of the service provided by cvweaver to the Client, any Client order can only be accepted during the contractual period which has been agreed. Consequently, the Client only has the right to order constituent parts of the cvweaver service as long as the contract is in effect, even if not all of the constituent elements of the cvweaver service received have been uploaded during this time.
13. Miscellaneous
13.1
Belgian law alone, and the exclusive jurisdiction of the courts and tribunals of City of Brussels, apply to this contract.
13.2
In the same way, all legal relationships between the Client and cvweaver will be governed by the City of Brussels.
Contact us
If you have any questions relating to these Terms and Conditions of Sale, you can contact us or write to HIVE-X SRL/BV Square de Meeûs, 38, 1000 Brussels, Belgium.