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GENERAL TERMS AND CONDITIONS OF VONQ B.V.
Updated: 29/09/2026
You can jump to the relevant sections of text by clicking on the following links:
Definitions
Agreement
Amending Period
Artificial Intelligence
Campaign Performance and Reporting
Content
Customer
Force Majeure
General Terms and Conditions
Job Description
Job Post Environment
Job Posting or Publication
Non-affiliated Parties
Recruitment Marketing Campaign
Credits
Creatives
Service(s)
SOF
Third Party
Third Party Platform
Tracking Snippet
Vacancy Data
VONQ
Online Services
Agreements
Term and Termination
Use of Service(s) and functionality
Online Services and Software
Subscription
Job Description
The Recruitment Marketing Campaigns
Campaign Performance and Reporting
Credits
AI Services
Content Restrictions and Moderation
Electronic means of communication
Price and payment
Customer’s rights and obligations
VONQ’s liability and indemnity
Intellectual property rights
Confidentiality
Miscellaneous
1. Definitions
The following terms, provided that they are capitalized, have the stated meaning in these General
Terms and Conditions:
1.1. Agreement
The arrangements, recorded in a written or digital document(s) based on which VONQ
provides one or more Services to Customer, and of which these General Terms and
Conditions as well as VONQ’s Privacy Policy forms an integral part.
1.2. Amending Period
The period of time in which Customer may amend the Job Description.
1.3. Artificial Intelligence
The use of automated systems and technologies in the context of VONQ Services. Artificial
Intelligence is employed primarily for parsing documents and supporting conversational
tasks, leveraging machine learning algorithms, natural language processing, and data
analytics, in compliance with applicable laws and regulations, to enhance the efficiency and
effectiveness of the services provided by VONQ.
1.4. Campaign Performance and Reporting
One of the Services of VONQ, delivered via SaaS, which allows Customers to obtain
insights into their Recruitment Marketing Campaigns. Campaign Performance and Reporting
is a Service.
1.5. Content
All information, media and the like used in relation to any VONQ Services meant for
publication on any Third Party Platform, such as, but not limited to, Job Descriptions,
metadata regarding Job Marketing, Recruitment Marketing Campaigns or Job Postings. For
example, work location, the salary, whether it is a full-time or a part-time position, brand
guidelines, logos, images and/or banners.
1.6. Credit(s)
The pre-paid amount, as agreed upon by the Parties, for the performance of Services as
further specified by the Parties and invoiced prior to the performance of such Services by
VONQ.
1.7. Creatives
Any and all recruitment-marketing content created, edited, translated, optimized, or
formatted in connection with the Services.
1.8. Customer
Any natural person or legal entity that has entered into an Agreement with VONQ.
1.9. Force Majeure
Every circumstance beyond VONQ’s control, as a result of which the fulfillment of its
obligations towards Customer is fully or partially impeded, or as a result of which the
fulfilment of such obligations cannot reasonably be required of VONQ, regardless of whether
that circumstance was foreseeable at the time of entering into the Agreement. These
circumstances include but are not limited in any case to government-imposed obligations
that have consequences for the provision of the Service, failures in systems that form part of
the internet, malfunctions in the telecommunication infrastructure and cuts in VONQ's
electricity supply.
1.10. General Terms and Conditions
These general terms and conditions of VONQ.
1.11. Job Description
The text to be used in a Job Posting, Job Publication and/or Recruitment Marketing
Campaign and forms part of Vacancy Data.
1.12. Job Post Environment
A configuration set up for the Customer within the application consisting of the baseline and
one or more modules and channels. Environments must belong to the same organizational
unit within the Customer and must be established in the same country as the Customer.
1.13. Job Posting or Publication
Vacancy Data that has successfully been published (add, update, refresh of the vacancy) on
any Third Party Platform integrated into or by VONQ Services and Software.
1.14. Non-affiliated Parties
Third parties that are not engaged by VONQ and in no other way have been requested by
VONQ to perform Services or engage in the Services of VONQ for Customer.
1.15. Recruitment Marketing Campaign
One or various Job Postings or Publications on Third Party Platforms.
1.16. Service(s)
Any service(s) to be provided by VONQ, either directly or through the Online Services or the
Software or as further specified by the Parties. The Service(s) of VONQ include but are not
limited to VONQ Job Post, VONQ Job Marketing, VONQ Recruitment Marketing, VONQ
HAPI, VONQ EQO, Recruitment Marketing Campaigns, writing Job Descriptions and/or
designing (HTML) for Recruitment Marketing Campaigns, conducting Campaign
Performance and Reporting and/or providing access to the Online Services, employer
branding, targeted group campaigns, programmatic, social media and search engine
advertisement. Services also include any applicable add-ons associated with VONQ
Services.
1.17. SOF
Service Order Form. The form setting out the offer by VONQ for the delivery of Services by
VONQ on behalf of Customer.
1.18. Software
The job distribution software and technology used by VONQ, located at the Online Services,
which offers Customers the ability to request Services from VONQ.
1.19. Third Party
The third-parties that are engaged by VONQ to perform the Services, such as but not limited
to the parties that are instructed by VONQ to create Content on behalf of Customer and the
parties that offer any platform for the publication of Job Postings and Recruitment Marketing
Campaigns or any other media outlet that may be used for the performance of Services.
1.20. Third Party Platform
The third-party platforms such as but not limited to job portals, job boards, search engines,
social media, channels and/or media providers on which the Recruitment Marketing
Campaigns and/or Job Postings and Publications are placed by VONQ on behalf of
Customer.
1.21. Tracking Snippet
A script and/or code on Customer’s website that is used for the product Campaign
Performance and Reporting and provided by VONQ.
1.22. Vacancy Data
Vacancy Data encompasses all information, data, media and content used to describe a
vacancy or job opening of the Customer, meant for publication on a Third Party Platform,
and used to attract applicants. It includes, but is not limited to a Job Description, the name of
the Customer’s company, the cut-off date for applications, the skills required of applicants,
etc.
1.23. VONQ
VONQ B.V., with its statutory seat at Beursplein 37, 3011 AA Rotterdam, the Netherlands,
registered with the chamber of commerce under number 2402216.
1.24. Online Services
The Software and the Websites of VONQ located at vonq.nl, vonq.com, platform.vonq.com,
vonq.de, heeft-vacatures.nl, has-jobs.com, has-jobs.co.uk, hat-stellen.de and heeft-jobs.be
as well as all other Websites of VONQ that can be reached via path under the
aforementioned domain names.
2. Agreements
2.1. These General Terms and Conditions apply to every Agreement or other legal relationship
between VONQ and Customer. Any variations on the General Terms and Conditions or
terms and conditions of Customer will only apply if VONQ has expressly confirmed them in
writing. The applicability of (general) terms and conditions of Customer is hereby explicitly
rejected unless otherwise agreed to in writing.
2.2. There are different ways to enter into an Agreement with VONQ. The Agreement between
VONQ and Customer is entered into, when, amongst others:
Software and Online Services: Customer has placed an order to purchase the Services that
are offered by VONQ’s Software and Online Services for the price as shown, has
agreed to the Terms and Conditions and has clicked on the relevant button to
indicate their acceptance.
SOF: VONQ has received a SOF as signed by Customer, comprising the unconditional
acceptance of the offer for the performance of Services as set out by VONQ in the
SOF as addressed to Customer;
Email: VONQ has received an email from Customer containing the unconditional acceptance
by Customer of an offer as set out by VONQ in an email to Customer.
2.3. All descriptions and specifications of the Service(s) on the Software, Online Services, in
advertisements, brochures, etc. serve as an approximate representation. VONQ cannot
warrant the correctness and accuracy of these representations. VONQ is entitled to make
changes to the Service(s) to be provided, in order to improve the Service(s) or to comply
with any statutory rule, at any time, without prior notice to Customer.
2.4. In all cases in which the Agreement with Customer ends, these General Terms and
Conditions will continue to govern the relationship between the Parties, insofar as this is
necessary for the finalization thereof, or insofar as this follows from the nature of the clause
concerned.
3. Term and Termination
3.1. The term of the Agreement is further specified by the Parties. Where no term has been
specified, the Agreement between Customer and VONQ lasts for the term of the agreed
Service(s). Where the Parties have not specified the term of the Agreement and the
Agreement concerns the periodical delivery of Services, the Parties may terminate such
Agreement maintaining a notice period of three (3) months.
3.2. In case of breach of contract, each of the Parties will only be entitled to terminate the
Agreement if the other party, after receiving a proper and sufficiently substantiated written
notice of default that sets a reasonable period for remedying the breach, is in imputable
breach of performance of the obligations under the Agreement.
3.3. VONQ may fully or partially terminate the Agreement with immediate effect, without any
notice of default or judicial intervention necessary, if Customer is granted a provisional or
final moratorium on the payment of debts, if a petition is made for the bankruptcy of
Customer or if Customer’s business is liquidated or discontinued other than for the purpose
of restructuring or merging companies. VONQ will never be liable to pay compensation on
account of this termination.
3.4. If Customer has already received performance pursuant to the Agreement at the moment of
the termination of the Agreement, this performance and the associated payment obligation
cannot be undone unless VONQ is in default in respect of that performance. Amounts that
VONQ has invoiced prior to the termination for what has already been performed or
delivered pursuant to the Agreement will remain fully payable, with due observance of the
provisions of the previous sentence, and will become immediately due and payable at the
moment of termination.
4. Use of Service(s) and functionality
4.1. Insofar as it is not evident that Customer has already agreed to these General Terms and
Conditions and declared them applicable, the acceptance of an offer by Customer or
entering in an Agreement with VONQ in any way automatically implies agreeing to these
General Terms and Conditions and declaring them applicable, unless otherwise has been
agreed between Parties in writing.
4.2. VONQ will grant Customer access to and use of the agreed Service(s) after receiving
payment of the agreed price from Customer, unless agreed upon otherwise between the
Parties or VONQ on its own initiative chooses to grant access or use earlier.
4.3. The right to use the Service(s) is strictly limited to Customer and its employees. Any
assignment, licensing and/or sub-licensing of this right to third parties is therefore not
permitted unless VONQ has provided its prior written permission thereto. Customer
guarantees that Customer and its employees will only use the Service(s) for the purpose of
Customers’ activities.
4.4. Customer acknowledges that the Service(s) provided are in part advisory Service(s). In
providing its Service(s) VONQ will observe the care of a responsible service provider.
VONQ, however, cannot give any warranty as to the fitness for purpose, accuracy or
completeness of any given advice or other Service(s) provided.
4.5. Where VONQ is providing a landing page for Customer, Customer is responsible to provide
all necessary legal information, such as but not limited to privacy and/or cookie policies,
imprints and further legal notices. VONQ is under no circumstances responsible or liable for
the contents of or requirements for such notices unless explicitly agreed upon otherwise in
prior and in writing.
4.6. Where applicable, VONQ provides the Services on behalf of Customer. Therefore, Customer
is responsible for all content, media and the like Customer provides VONQ and is posted on
the internet by VONQ at the request of Customer in relation to any of the Services offered by
VONQ, such as, but not limited to, the content or associated media of Job Post, Job
Marketing or Recruitment Marketing Campaigns, and indemnifies VONQ from claims from
third parties with regard to these postings. Where VONQ has reasonable grounds to believe
that such content is illegal or incompatible with these General Terms and Conditions, VONQ
may decline to publish it or remove it in accordance with article 12.
4.7. Where an Agreement concerns the publication of material of Customer, VONQ may also
decline to publish, withdraw or remove such material where, on objective grounds, its
publication would cause serious harm to the reputation of VONQ, its affiliates, other
Customers or natural persons. VONQ will exercise this right diligently, objectively and
proportionately, will notify Customer with a statement of reasons, and will otherwise apply
articles 12.6 to 12.9.
4.8. Where applicable, Customer is responsible for ensuring that all information, materials, data,
images, brand assets, claims and instructions it provides are accurate, lawful and suitable,
and confirms that it holds the rights and permissions to provide them and to allow their use
for the Service.
4.9. The Customer is responsible for reviewing and approving all final Creatives before they are
published, distributed or otherwise used externally, including verifying factual, legal, product,
pricing, statistical and regulatory claims. Where VONQ publishes on the Customer’s behalf,
it does so only following the Customer’s approval, and VONQ is not responsible for the
Customer’s use or publication of approved Creatives.
4.10. The Customer shall use the Service and the Creatives solely for its own lawful
recruitment-marketing purposes as described in the “Project Description” section in the
applicable SOF, and not for any unlawful, discriminatory or otherwise high-risk purpose.
4.11. The Customer may not request Creatives that are unlawful, infringing, misleading,
discriminatory, defamatory, harmful or otherwise inappropriate. VONQ may refuse or
suspend any request or Creative that may create a legal, regulatory, reputational or safety
risk. Where this concerns Customer Content, article 12 applies.
4.12. If either party becomes aware that delivered Creatives may be unlawful, infringing, materially
inaccurate or harmful, it will notify the other party promptly, and the parties will cooperate in
good faith to correct, replace or remove the relevant Creatives where appropriate.
4.13. VONQ Job Post Customers shall not distribute Job Postings under any name other than
their own business name via the Environment without VONQ’s prior express written consent.
4.14. Where VONQ Job Post Customers utilize their own third-party contract in conjunction with
VONQ's Services, such Customers must ensure that they hold the necessary subscriptions
and comply with all obligations related to third-party platforms used within VONQ’s Services.
4.15. VONQ is entitled to temporarily deactivate the Websites and/or Service(s), without being
liable to compensate Customer, in order to eliminate a fault. VONQ may terminate or
suspend Customer’s access to all or part of the Service(s), for any conduct that, is in
violation with the terms of the Agreement and/or these General Terms and Conditions, any
applicable law or is harmful to the interests of another Customer, a third-party or VONQ, in
accordance with articles 12.6 to 12.9.
4.16. VONQ reserves the right to make alterations to the Service(s) or to the access to the
Service(s) if this is recommended for the functioning of the Service(s). If such alterations
directly affect how Customer gains access to and/or uses the Service(s), VONQ will inform
Customer of the alterations as soon as possible.
4.17. Any recommendations provided by VONQ’s Artificial Intelligence systems are provided for
informational purposes only and should not be considered as professional advice. These
recommendations are intended to serve as guidance, and VONQ assumes no responsibility
for any Customer decisions made based on them.
4.18. To enhance and expand VONQ Job Post capability and functionality, VONQ may analyze
Customer data in an aggregated and anonymized form. Any insights derived from this
analysis will be the property of VONQ. VONQ ensures that such data will not be traceable
back to the Customer. The data entered into the Job Posting application and VONQ
prenegotiated channels (if applicable) by the Customer is and remains the property of the
Customer.
5. Online Services and Software
5.1. VONQ offers Customers and employee users the possibility to make use of the Online
Services and its Software. VONQ offers Customers worldwide instant access to a portfolio of
job posting and advertising channels to bring any of their vacancies in front of the right target
audience and to distribute their Job Postings via multiple channels. On the Software and
Online Services of VONQ, Customers may request Services of VONQ, access such
Services, enter into an Agreement with VONQ and communicate with VONQ.
5.2. The functionality of the Online Services and Software will be available approximately
twenty-four (24) hours a day. Preventive and corrective maintenance for the functionality of
the Service(s) will take place outside normal office hours as far as possible. VONQ will
inform Customer via email in advance, if feasible. Unless explicitly agreed otherwise, VONQ
is under no circumstances liable for any downtime of the Services of its Online Services or
Software.
5.3. The terms and conditions of use of VONQ Job Marketing are set out in the Terms and
Conditions for users of the VONQ Job Marketing Software, which are accessible at
https://www.vonq.com/terms-and-conditions/.
6. Subscription
6.1. In order to access the VONQ Job Marketing Software or Job Post Environment and to
receive certain Services, Customers may be charged by VONQ. Terms and prices of the
paid subscription Service are set out in the SOF. Unless explicitly agreed by the Parties, all
price and payment conditions of the subscription Service SOF are subject to article 14 of the
General Terms and Conditions.
6.2. Unless explicitly agreed otherwise, the term for a subscription to VONQ Services shall be
twelve (12) months. After the initial term, the subscription automatically renews for a further
period of twelve (12) months per renewal subject to VONQ’s right to revise and adjust the
terms and conditions of the subscription on an annual basis.
6.3. Unless explicitly agreed otherwise, a subscription may be terminated in writing at least one
(1) month before the expiration date of the current twelve (12) month term.
7. Job Description
7.1. VONQ offers the Service of creating or amending a Job Description for Job Marketing or
Recruitment Marketing Campaigns and other VONQ Services under the following conditions.
7.2. VONQ will provide Customer with a proposal for the Job Description. After the provision of
the Job Description by VONQ, Customer is entitled to an Amending Period no of ten (10)
calendar days or any other Amending Period VONQ has explicitly agreed upon.
7.3. During the Amending Period, Customer is entitled to approve the Job Description or request
reasonable changes and amendments to the Job Description as set out in article 7.4 of
these General Terms and Conditions. VONQ shall reasonably amend the proposed Job
Description as requested by Customer and will thereafter provide the Job Description to
Customer again, where Customer is again entitled to an Amending Period of ten (10) days or
as otherwise stated by VONQ. Upon every provision of a Job Description to Customer
thereafter, another Amending Period applies, until article 7.5 applies.
7.4. Any changes and amendments as requested by Customer during the Amending Period as
set out in article 7.3, will be made at VONQ’s discretion and where such is technically
feasible. Under no circumstances is VONQ obliged to perform any change or amendment to
a Job Description that results in multiple vacancies to be included in the Recruitment
Marketing Campaign. If VONQ voluntarily complies with this request of Customer, VONQ
shall be entitled to a separate fee.
7.5. Irrespective of any Amending Period, thirty (30) calendar days after VONQ has provided its
first proposal for a Job Description to Customer, the Job Description shall be deemed to be
approved by Customer and VONQ shall be allowed to proceed to publication pursuant to
article 8.2.
7.6. Should the Amending Period as set out in article 7.2 expire and Customer has not provided
any amendments to the Job Description to VONQ during that period, the Job Description is
deemed to be approved by Customer and VONQ shall be allowed to proceed to publication
pursuant to article 8.2.
7.7. Customer is not entitled to suspend payments to VONQ where a Job Description has not
been (timely) approved by Customer or published without approval by Customer as set out
in these General Terms and Conditions.
7.8. In the performance of the Service to propose and publish a Job Description, VONQ is
explicitly entitled to engage Third Parties.
8. Recruitment Marketing Campaigns
8.1. The details of the Service, such as but not limited to the Third Party Platforms as targeted,
the duration of Recruitment Marketing Campaign, the details of payment and number of
Recruitment Marketing Campaigns shall be further specified by the Parties and set out by
VONQ in the offer and/or in the SOF.
8.2. Pursuant to the conclusion of the Agreement between VONQ and Customer for the
Recruitment Marketing Campaigns, VONQ will undertake to conduct the requested
Recruitment Marketing Campaign as specified in the Agreement. VONQ is allowed to
immediately proceed to conduct the Recruitment Marketing Campaign where:
8.2.1. Customer has provided all necessary Content for the Recruitment Marketing
Campaign to VONQ upon the conclusion of the Agreement;
8.2.2. Customer has requested the Service of VONQ to provide the Job Description and
the Job Description has been finalized as set out in article 7 and the further
Content for the Recruitment Marketing Campaign is available to VONQ.
8.3. VONQ usually needs 24 to 72 hours to conduct Recruitment Marketing Campaign(s) on
Third Party Platforms. The exact moment of publication of the Job Postings in a Recruitment
Marketing Campaign(s) may, however, depend on the cooperation of the Third Party and
therefore VONQ will under no circumstances guarantee a specific moment for publication(s).
VONQ is under no circumstances responsible or liable for any delay in conducting the
Recruitment Marketing Campaigns due to any failure caused by Third Parties.
8.4. The Services of VONQ may include publishing content on various Third Party Platforms,
such as but not limited to social media platforms. Customer hereby agrees that deleting or
changing content posted on such Third Party Platforms is in most cases not possible or only
feasible under strict circumstances. Therefore, VONQ cannot be held liable or responsible
for any content, publication of content or consequences of publication of content to Third
Party Platforms.
8.5. Postings and Publications on Third Party Platforms could, for reasons beyond the control of
VONQ, not be placed successfully. VONQ will not invoice Job Postings that have not been
placed successfully. VONQ endeavours to take all reasonable efforts to process Job
Postings as ordered by the Customer, but hereby retains the right not to process a particular
Job Posting that the Customer Campaign contains.
8.6. VONQ is under no circumstances liable or responsible for the fulfilment of the vacancies as
referred to in the Recruitment Marketing Campaigns. Therefore, the obligation to pay the
agreed-upon amounts is under no circumstances dependent on such fulfilment.
8.7. Customer is only allowed, unless explicitly otherwise stated by VONQ, to include one (1) role
in a Recruitment Marketing Campaign. Where Customer wishes to include another role,
such shall be deemed to be a separate Job Posting and invoiced to Customer accordingly.
8.8. Should Customer desire to change the Content of a Recruitment Marketing Campaign,
Customer may request VONQ to do so. VONQ can however not guarantee such requests to
be met. Where the Third Party calculates any costs or fees for the amendments as desired
by Customer, these costs or fees shall be for the account of Customer.
8.9. A Recruitment Marketing Campaign runs for a set duration of time. Once the campaign has
ended, Customers may purchase a new Recruitment Marketing Campaign to renew it.
9. Campaign Performance and Reporting
9.1. VONQ offers Customers the possibility to make use of the Software Campaign Performance
and Reporting, as an add-on Service to VONQ Job Marketing, under the conditions as set
out in this article.
9.2. Customer acknowledges and agrees that Customer is solely responsible to ensure that all
tracking Snippets to use Campaign Performance and Reporting are installed and/or
implemented. Customer in addition acknowledges and agrees that Customer is solely
responsible to maintain the aforementioned functionality, and code, and to ensure that it
keeps working when changes on Customer’s career site take place after the initial set-up
and validation.
9.3. Customer acknowledges and agrees that Campaign Performance and Reporting is not
custom-built and that VONQ cannot be held to perform any modifications or changes to the
Service.
9.4. Customer acknowledges and agrees to support the correct functioning of Campaign
Performance and Reporting by accepting upgrades and updates of Campaign Performance
and Reporting as may be issued from time to time.
9.5. Customer acknowledges and agrees that VONQ cannot warrant that the Campaign
Performance and Reporting Services are free of defects and will operate without
interruptions. If necessary, VONQ may install temporary solutions, program bypasses or
problem-avoiding restrictions.
10. Credit(s)
10.1. Where VONQ has offered the Customer the possibility to request Services based on
Credit(s), the following conditions apply.
10.2. Customer is only allowed to request the Services from VONQ under the Credit(s) as set out
by VONQ and only for those specific Services for which the Credits were purchased.
10.3. The Credit(s) are valid for the period as agreed upon between the Parties. Where no period
is agreed upon between the Parties, the Credit(s) are valid for twelve (12) calendar months.
After expiry of this period, all rights of the Customer to the Credit(s) lapse immediately and
Customer shall not be entitled to claim any refund.
11. AI Services
11.1. Where applicable, VONQ products may use artificial intelligence, generative AI and
automation tools to create, edit, translate, optimise and format Creatives, and to build,
manage and programmatically publish campaigns. VONQ applies human and automated
quality controls and remains responsible for performing the Service, even where AI tools are
used.
11.2. The Service is provided in line with applicable law, including the transparency obligations of
the EU Artificial Intelligence Act (Regulation (EU) 2024/1689) for AI-generated or
manipulated content. An overview of VONQ’s AI policy is available upon request.
11.3. The Customer is responsible for deciding whether any Creative must be labelled or
disclosed as AI-generated, AI-assisted or synthetic content under applicable laws, platform
rules or its own policies, and must provide any required disclosure instructions to VONQ in
advance where VONQ publishes on its behalf.
12. Content Restrictions and Moderation
12.1. This article applies to all Content, Vacancy Data and other information that Customer, or
anyone acting on its behalf, provides to VONQ or uploads to or publishes through the Online
Services, Software or Services, including Job Postings and Recruitment Marketing
Campaigns (“Customer Content”). This article describes the restrictions VONQ applies to
Customer Content and the policies, procedures, measures and tools VONQ uses to
moderate it, in accordance with Article 14 of Regulation (EU) 2022/2065 (the “Digital
Services Act”).
12.2. Customer shall not provide, and VONQ may restrict in accordance with this article, any
Customer Content that:
12.2.1. is illegal under applicable EU or Member State law, or under the law of the
country in which it is published;
12.2.2. discriminates, directly or indirectly, on any ground protected by applicable equal
treatment law, including sex, age, race or ethnic origin, religion or belief, disability,
sexual orientation or nationality;
12.2.3. does not relate to a genuine and existing vacancy, or is misleading as to the
employer, the role, pay, location, working conditions or type of contract;
12.2.4. requires applicants to pay a fee, buy goods or services or make an investment in
order to apply or be hired, or promotes pyramid, multi-level marketing or similar
schemes;
12.2.5. infringes intellectual property, privacy or other rights of third parties, or involves
the unlawful processing of personal data, including requesting personal data from
applicants that is not necessary for the recruitment process;
12.2.6. contains malware, phishing links or other harmful code or links;
12.2.7. is sexually explicit, violent, hateful, defamatory or otherwise harmful;
12.2.8. breaches the published content policies of the relevant Third Party Platform; or
12.2.9. otherwise breaches the Agreement or articles 4.8 to 4.11 of these General Terms
and Conditions.
12.3. VONQ may review Customer Content (i) before publication, (ii) after publication on its own
initiative, and (iii) on receipt of a notice from a third party, a Third Party Platform or a
competent authority. Any person may notify VONQ of Customer Content they consider to be
illegal via [email protected]. A notice should include an explanation of why the content is
considered illegal, the exact electronic location of the content (such as the URL), the name
and email address of the notifier, and a statement that the notice is made in good faith and is
accurate and complete. VONQ processes notices in a timely, diligent, non-arbitrary and
objective manner and informs the notifier of its decision.
12.4. VONQ uses the following tools for content moderation:
12.4.1. automated checks, including keyword and pattern filters that screen Customer
Content for indications of the restrictions listed in article 12.2, such as
discriminatory wording, requests for payment or suspicious links;
12.4.2. technical validation checks and feedback from Third Party Platforms; and
12.4.3. human review by trained VONQ staff.
Automated tools may flag Customer Content or hold it for review before publication. VONQ
does not remove or disable access to Customer Content, or suspend or terminate
Customer’s access to the Services, solely on the basis of an automated decision; such
decisions are taken or confirmed by a human reviewer. Where a Third Party Platform rejects
or removes a Job Posting under its own policies, that decision is taken by the Third Party
Platform and not by VONQ, and VONQ will inform Customer where VONQ is notified of it.
12.5. Where VONQ has reasonable grounds to believe that Customer Content is illegal or
incompatible with article 12.2, VONQ may, depending on the circumstances:
12.5.1. ask Customer to amend the Customer Content;
12.5.2. decline to publish or put on hold the publication of the Customer Content;
12.5.3. restrict the visibility of, remove or disable access to the Customer Content, on all
or some Third Party Platforms or in all or some countries; or
12.5.4. suspend or terminate Customer’s access to all or part of the Services in
accordance with article 12.7.
12.6. VONQ applies and enforces the restrictions in this article in a diligent, objective and
proportionate manner, with due regard to the rights and legitimate interests of all parties
involved, including Customer, applicants and other users of the Services, and to the
fundamental rights protected by the Charter of Fundamental Rights of the European Union,
including freedom of expression and the freedom to conduct a business. When choosing a
measure, VONQ takes into account the nature and severity of the issue, whether it concerns
illegal content or a contractual breach, whether it is repeated, the intent of Customer where
known, and whether a less restrictive measure, such as a request to amend, is sufficient.
VONQ applies these standards consistently to all Customers.
12.7. VONQ will only suspend or terminate Customer’s access to all or part of the Services under
this article where the breach is serious or repeated. Unless the Customer Content is
manifestly illegal or there is an urgent risk of harm to applicants, other users, third parties or
VONQ, VONQ will first warn Customer and give it a reasonable opportunity to remedy the
breach. Any suspension will be for a reasonable period. Termination of the Agreement is
subject to article 3.
12.8. When VONQ takes a measure under articles 12.5.2 to 12.5.4, VONQ will notify Customer by
email no later than the moment the measure takes effect. The notification will include a clear
and specific statement of reasons, setting out:
12.8.1. the measure taken and, where relevant, its territorial scope and duration;
12.8.2. the facts and circumstances relied on, including whether the measure followed a
notice under article 12.3;
12.8.3. whether automated means were used to detect the content or take the decision;
12.8.4. where the content is considered illegal, the legal ground relied on, and where it is
considered incompatible with these General Terms and Conditions, the
contractual ground relied on; and
12.8.5. the redress options available to Customer under article 12.9.
VONQ will not provide such a notification where this is prohibited by law or by an order of a
competent authority.
12.9. Customer may lodge a complaint against a decision under this article within six (6) months of
being notified of it via [email protected]. VONQ will handle complaints in a timely,
non-discriminatory, diligent and non-arbitrary manner. Each complaint will be reviewed by a
person who was not involved in the original decision, and VONQ will reverse the decision
without undue delay where the complaint shows that it was unjustified. VONQ will inform
Customer of the outcome and the reasons for it. This is without prejudice to Customer’s right
to use any out-of-court dispute settlement available under the Digital Services Act and to
bring proceedings before the competent court in accordance with article 19.7.
12.10. VONQ will inform Customers of any significant change to this article in accordance with
article 19.4.
13. Electronic means of communication
13.1. If VONQ and Customer communicate with the aid of electronic means, such as email and
other forms of data traffic, both parties must arrange standard virus protection and
appropriate safeguards for the protection of personal data. VONQ will not be liable for any
damage resulting from the transmission of viruses and/or other irregularities in the electronic
communication, and for not receiving or the impaired receipt of messages.
13.2. Customer is at all times responsible for its use of the Services. Customer must secure its
own computer systems and networks to allow VONQ to perform these Services in a secure
and reliable manner.
14. Price and payment
14.1. Unless otherwise agreed in writing, Customer must pay the invoices according to the
payment terms specified on the invoice. In the absence of such terms, payment must be
made within thirty (30) calendar days of the invoice date, by way of transfer of the amount
due to the bank account specified on the invoice. If Customer does not pay on time, it will be
deemed to be in default by operation of law and will owe interest from that moment, at the
applicable statutory rate, without any further notice of default. Late payment by Customer will
entitle VONQ to suspend the provision of Services until payment has been received.
14.2. The Services of VONQ may comprise of VONQ purchasing certain products or services of
Third Parties in its own name and on its own risk, such as but not limited to Google’s ‘clicks’,
that will be provided to Customer by VONQ thereafter. Customer hereby explicitly agrees
and acknowledges that VONQ cannot be held responsible or liable for any changes in prices
of the products and services of these Third Parties after the Agreement of purchasing these
products and services has been concluded between Customer and VONQ. Customer
acknowledges and agrees that this means that where a certain amount of products or
services to be obtained was envisaged at the moment the Agreement with VONQ was
entered into, the price changes may cause a lower (or higher) amount of products or
services to be actually obtained by VONQ on behalf of Customer. Customer is at all times
responsible to pay the full amount to VONQ that was agreed upon in the Agreement.
14.3. Payments that Customer has already made to VONQ will not be refunded upon the early
termination of the Agreement.
14.4. VONQ shall not provide refunds or reimbursements for any duplicate applications received
across its Services.
14.5. Unless otherwise indicated, VONQ’s prices are expressed in EURO (€) and exclude VAT
and any other taxes and levies.
14.6. VONQ’s Services may be purchased at Third Parties and are subject to constant
negotiations. Therefore, VONQ reserves the right to review and alter prices without prior
notice.
14.7. VONQ reserves the right to apply price variations, including markups or discounts, for Third
Party products (e.g. job board listings).
14.8. VONQ is entitled to adjust the price of its Services annually on each anniversary of the
effective date of the service order/agreement. In any case, the prices hall only increase from
the previous year's pricebot more than the change in the Consumer Price Index figure
(“CPI”) set by the Dutch Central Bureau of Statistics Centraal Bureau voor de Statistiek
(“CBS”) over the same period.
15. Customer’s rights and obligations
15.1. Customer must refrain from conduct that is contrary to the General Terms and Conditions
and/or Dutch laws and/or regulations and act and behave with the care of a proper
businessman, here in the form of an online customer. Customer must refrain from
obstructing and/or causing damage – whether or not during the use of the Service(s),
Software or Online Services – to VONQ or Third Parties.
15.2. Customer will provide all necessary information to VONQ that it knows or reasonably ought
to know is important for the correct performance of the Agreement by VONQ.
15.3. Customer is not permitted to investigate, scan, test the vulnerability of the Service(s), or to
infringe any security or authentication measures implemented by VONQ or use any
deep-link, page-scrape, robot, spider or any other automatic or automated instrument,
program, algorithm or methodology or any other similar or equal manual process to gain
access to any part of the Service(s) or its contents or to acquire, copy and/or store or
reproduce such content in any way whatsoever, or to circumnavigate the navigation structure
or presentation of the Service(s) or Online Services in order to obtain information, including
but not limited to personal data or information on other users of the Service(s) or Software or
any of VONQ’s clients that is not deliberately and easily made available through the
Service(s), Software or Online Services.
15.4. Customer is not permitted to, in any way, reverse engineer any codes, separate or full
functionality or any techniques of the like, or have such reverse engineered by any other
party or person or conduct any activity that results in the unlawful copying or viewing of
information and know-how that belongs to VONQ.
15.5. Notwithstanding the provisions of this article 15, Customer must refrain at all times from the
improper use of the Service(s), Software, Online Services and the data which can be
accessed by means of the Service(s), Software or the Online Services. If VONQ reasonably
suspects improper use by Customer, Customer will owe VONQ an immediately due and
payable penalty, without any judicial intervention, of EUR ten thousand (€10,000) for every
day that the improper use continues and VONQ will be entitled to terminate the Agreement
with Customer with immediate effect. For this purpose, improper use, in any case, means,
but is not limited to, the conduct as described in article 15.1 and 15.3 above. The
aforementioned immediately due and payable penalty may never be deducted from any
possible compensation due by Customer to VONQ.
16. VONQ’s liability and indemnity
16.1. The Services are provided "as is". VONQ does not guarantee the accuracy or completeness
of the Software or Online Services or any information or content on it or that it is free of
defects or viruses unless agreed upon explicitly by VONQ. Any liability of VONQ, whether
direct, indirect, immaterial or consequential, including but not limited to loss of profit,
resulting from the use of the Services is excluded to the fullest extent permitted by law.
16.2. Customer acknowledges and agrees that VONQ is not liable for any loss or damage that
may be incurred by Customer as a result of any act or omission by Customer.
16.3. Customer acknowledges that while Artificial Intelligence technologies are used to enhance
recruitment campaigns, occasional errors may occur. These Artificial Intelligence systems
are provided as a separate service by a third-party partner of VONQ, and VONQ shall not be
held liable for any content generated by these systems, including inaccuracies, omissions, or
mistakes made in their use.
16.4. VONQ will use reasonable endeavours to ensure that the Services functionality necessary
for the Service(s) is and stays fully operational. VONQ, however, cannot guarantee that such
functionality will be free from delays, interruptions or errors. VONQ cannot give
representations or warranties, express or implied, in relation to the accuracy or
completeness of information provided through the Service(s), Software or Online Services.
16.5. VONQ shall not be liable for any loss or damage of any kind that may arise from the
unauthorized use of the Services and the use of any information contained within it.
Furthermore, VONQ cannot be held liable for any third party information that is linked or
otherwise referred to on the system and that is not maintained and controlled by VONQ.
16.6. VONQ is not liable for an incorrect distribution of a Job Posting if it can demonstrate—such
as through log files, etc.—that the posting was correctly delivered to the Third-Party
Platform.
16.7. VONQ strives to provide Customer with the Services in the most optimal way, including
publishing the Recruitment Marketing Campaigns and Job Postings in a careful and
adequate manner. However, it may occur that Non-affiliated Parties move to publish the
Recruitment Marketing Campaigns or Job Postings on their own initiative and platforms. This
may cause the Job Description to be available online after Customer has informed VONQ to
withdraw the Job Marketing, Recruitment Marketing Campaign or Job Posting or in any other
way ensure that it is unavailable from that moment on. VONQ is under no circumstances
liable or responsible for any damage that is caused by actions of Non-affiliated Parties, such
as but not limited to the aforementioned publishing Recruitment Marketing Campaigns or
Job Postings on their own initiative. In addition, VONQ is under no circumstances liable or
responsible for any damage caused by the exact placement of such Recruitment Marketing
Campaign or Job Postings by Non-affiliated Parties.
16.8. The Online Services may include (hyper)links and other references to third party files,
websites and locations. VONQ has not verified the content of such files, websites and
locations and therefore only offers its Customers the possibility to get further information. A
reference to any third party information cannot be considered any recommendation for such
information, neither explicit nor implied. VONQ can therefore not give any guarantee for the
accessibility or content of such third party files, websites or locations and cannot accept any
liability for the operation of such files, websites or locations, nor for any damage, whether
direct or indirect, resulting from accessing such files, websites or locations. The sole fact that
VONQ has included a reference to any third party website does not imply that its contents
are endorsed by VONQ.
16.9. The Customer acknowledges that AI-assisted Creatives require human review and may be
inaccurate, incomplete or non-unique. Except as expressly agreed, VONQ does not warrant
that Creatives will be error-free, unique, protectable, accepted by any platform, or suitable
for any specific legal, regulatory or commercial purpose. Campaign predictions and
performance estimates are indications only and are not guarantees.
16.10. VONQ takes appropriate technical and organisational measures to protect personal data
processed under the Agreement, in accordance with applicable data protection law, VONQ's
Privacy Policy and, where applicable, the data processing agreement between the Parties,
but will not accept any liability for any resulting misuse of such data in case of infiltration of
its Online Services or systems by unauthorized third parties, except when such infiltration is
the result of demonstrable non-compliance by VONQ with its statutory and/or contractual
obligations with respect to personal data protection.
16.11. VONQ’s total liability for an imputable breach in the performance of the Agreement is limited
to compensation of direct damages up to no more than the amount of the price stipulated for
that Agreement (excluding VAT). If the Agreement has already been running for longer than
one year due to one or more extensions (automatic or otherwise), the stipulated price will be
set at the total price (excluding VAT) stipulated for one year.
16.12. Direct damage exclusively means:
16.12.1. reasonable costs that Customer would have to incur in order to make VONQ’s
performance conform to the Agreement. However, this damage will not be
compensated if Customer has terminated the Agreement;
16.12.2. reasonable costs incurred to determine the cause and extent of the damage,
insofar as the determination relates to direct damage within the meaning of
these General Terms and Conditions.
16.13. VONQ’s liability for an imputable breach in the performance of an Agreement (contractual
liability) only arises if it has immediately and duly been given a written notice of default, a
reasonable period for remedying the breach has been stated and it remains in imputable
breach of its obligations even after that period. The notice of default must contain the most
detailed possible description of the breach, so as to enable VONQ to respond adequately.
16.14. VONQ does not accept any contractual or other liability for indirect damage, including
consequential damage, lost profits, lost savings and loss due to business interruption.
16.15. VONQ does not accept any liability for damages caused by an intentional act or omission or
gross negligence by Customer.
16.16. VONQ does not accept any contractual or other liability for possible infringements of
intellectual property rights and/or other rights of third parties due to the use of its Online
Services, Software and/or Service(s). Customer indemnifies VONQ against all possible
consequential and other damages that arise from its use of VONQ’s Service(s) in conflict
with intellectual or industrial property rights or other rights of third parties.
16.17. VONQ will never be liable in case of a Force Majeure situation. Its obligations will be
suspended insofar as performance is not permanently impossible. The Parties are entitled
to terminate the Agreement, without one of them becoming liable to pay compensation, if
the period during which performance of the Agreement is impossible because of Force
Majeure, exceeds or exceeds thirty (30) days. If VONQ has already partially complied with
its obligations, or can only partially comply with its obligations, at the time the Force Majeure
commences, it may invoice the delivered or deliverable part of the Service(s) separately and
Customer will be obliged to pay this invoice as though it were a separate invoice.
16.18. The limitations of liability referred to in this article do not apply if the damage results from the
intent or wilful misconduct of VONQ, its managers and/or employees.
16.19. VONQ is entitled to recover all forms of damage from Customer, including loss of income
and all other costs as a result of the unauthorised use and all other forms of misuse of the
Service(s).
17. Intellectual property rights
17.1. All intellectual or industrial property rights to the Online Services, Software and/or further
Service(s) and all technology, hardware, other materials and information developed by
VONQ and/or made available by VONQ to Customer, such as, but not limited to designs,
documentation, reports, offers, models, techniques, data files, AI models, tools, prompts,
workflows, as well as the preparatory material relating thereto, vest exclusively in VONQ or
its licensors. Use of the Online Services, Software and/or Service(s) does not constitute a
license to use in any way any such intellectual or industrial property rights, except to the
extent as indicated in these General Terms and Conditions.
17.2. Subject to payment of the applicable fees, and to the extent that VONQ holds assignable
rights and subject to the terms of the underlying AI tools and providers, VONQ assigns to the
Customer its rights in the final Creatives delivered specifically for the Customer. The
Customer acknowledges that AI-assisted Creatives may not be unique or protectable by
intellectual property rights, and that conditions imposed by AI providers (for example usage
restrictions, attribution or watermarking) may apply where notified to the Customer.
17.3. Customer agrees not to reproduce, duplicate, copy, sell, resell, lease, rent, loan or exploit for
any commercial purposes, any portion of the Service(s), use of the Service(s), or access to
the Online Services, Software and/or Service(s) unless it has first obtained the prior express
written consent of VONQ to do so.
17.4. Customer hereby guarantees that it holds all necessary intellectual property rights (such as
but not limited to copyrights, trademark rights, moral rights, etc.) in all data, information
and/or Content submitted by Customer to VONQ and guarantees that it does not infringe any
third party rights. Customer indemnifies VONQ from claims from third parties with regard to
these rights.
17.5. Customer hereby grants VONQ the non-exclusive, territorially unrestricted, royalty-free and
perpetual right to use the trademark, text, logo, brand, (commercial) photographs along with
the subjects in these photographs as well as the entire content submitted to VONQ by
Customer if such right is required to perform the Agreement. In addition, Customer entitles
VONQ to alter logos, trademarks, images, etc. (i.e. enlarging, minimising, decolouring of
colour logos to black and white) and use these altered images when performing the
Agreement on and in relation to providing its Services. VONQ is entitled to store content in
its own databases, to reproduce, spread, publish and make content publicly available and/or
grant or transfer these rights to third parties in the course of publication with third parties and
as necessary for the proper provision of its Services. VONQ is entitled to the database rights
on the database(s) that are created by VONQ in the performance of the Agreement and
rendering its Services and may consist (in whole or in part) of data supplied by Customer.
17.6. Customer hereby grants VONQ the non-exclusive, territorially unrestricted, royalty-free and
perpetual right to use the trademarks, text, logo and brand of Customer as a customer
reference of VONQ as part of any online or offline marketing and sales communications.
17.7. All intellectual or industrial property rights with respect to content that is added to the Online
Services and/or Service(s) by or on behalf of Customer will remain with Customer. By
acceptance of these General Terms and Conditions, Customer will then grant VONQ a
licence to reproduce and disclose the content added to the Online Services and/or
Service(s) by or on behalf of Customer. Customer hereby agrees to the possible use by
VONQ of Customer’s company name, word, and/or figurative mark on the Online Services.
18. Confidentiality
18.1. Customer undertakes both during and after the termination of this Agreement to treat as
confidential all information regarding the business affairs and all other information of a secret
or confidential nature of VONQ that it becomes aware of during pre-negotiations of the
Agreement, upon the conclusion and/or during the performance of the Agreement, and to
observe confidentiality towards third parties with regard to this information.
18.2. Notwithstanding the foregoing, this obligation shall not apply to information which (i) was
already known to Customer before the negotiation and conclusion of this Agreement, (ii) was
disclosed to Customer by a third party without a violation of statutory or contractual
provisions of the Agreement at the time it was disclosed, (iii) was already or becomes
publicly known without any default of Customer, or (iv) if Customer is under an obligation to
disclose pursuant to the order of a court of law or public authority, provided that Customer
shall give VONQ prior notice thereof (to the extent legally permissible) and the chance to
obtain appropriate protective orders.
18.3. The obligation to maintain confidentiality, as described in paragraph 18.1 of this article, lasts
for two (2) years after the end of the Agreement. The reason for the termination and the
party which terminated the Agreement are not relevant for this purpose.
18.4. A Party may disclose this Agreement, including in redacted form or by providing relevant
extracts, to third-party verification providers for identity verification, KYC/AML, advertising
platform verification, or similar compliance purposes, provided that such disclosure is limited
to what is reasonably necessary and the recipient is bound by confidentiality obligations.
19. Miscellaneous
19.1. Customer may not fully or partially transfer or assign the Agreement between itself and
VONQ, or any right or obligation arising therefrom, to a third party without VONQ's prior
written consent.
19.2. If any provision of these General Terms and Conditions is found to be void, invalid,
unenforceable or contrary to the law, the remaining provisions of these General Terms and
Conditions will remain fully effective. In this case, the Parties shall endeavor to negotiate a
substitute provision that best reflects the economic intentions of the Parties without being
unenforceable, and shall execute all agreements and documents required in this connection.
19.3. The Agreement and these General Terms and Conditions shall be exclusively governed by
Dutch law while excluding the United Nations Convention on Contracts for the International
Sale of Goods.
19.4. VONQ is entitled to amend these General Terms and Conditions. An amendment will also
apply to any Agreement(s) concluded prior to the time of the amendment. An amendment
will not become effective before fourteen (14) days have passed since notice thereof to
Customer.
19.5. VONQ recognizes that the Customer may independently choose to utilize artificial
intelligence tools to review or summarize this Agreement. The use of such tools shall not
sever, separate, or alter the Customer’'s legal consent. The Customer assumes sole risk for
any AI-generated misinterpretations, hallucinations, or omissions, and the Customer's
execution of this Agreement constitutes absolute, unconditional acceptance of the literal
written text herein.
19.6. In the event of disputes arising from the Agreement(s), or from ensuing agreements to which
these General Terms and Conditions apply, the Parties must first try to reach an out-of-court
settlement, notwithstanding the right to take precautionary measures or obtain interim relief.
19.7. All disputes between VONQ and Customer must be submitted to the competent court in
Rotterdam, the Netherlands.
19.8. All claims of Customer lapse twelve (12) months after the Service(s) to which these claims
refer has/have been performed or on such earlier date as stipulated by law.
19.9. These General Terms and Conditions should be read in conjunction with VONQ’s Privacy
Policies which can be accessed via the following link: https://www.vonq.com/privacy-policy/.
19.10. If a VONQ employee, contractor, user, or Customer becomes aware of an information
security incident, possible incident or imminent incident, then they shall immediately report
the information using one of the following communication channels: Email [email protected]
information or reports about the event or incident.