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Users’ agreement for Planet Interim - Terms & Conditions

For access to and the use of the websites of Planet Interim, such as www.planetinterim.nl, www.planetinterim.com, www.planetinterim.be, www.planetinterim.de, www.planetinterim.fr en www.planetinterim.co.uk, hereafter also referred to as: the ‘Sites' or 'these Sites', the following terms and conditions apply as well as all the applicable legislation. By purchasing access to the Sites and making use of these Sites, you agree unconditionally to the terms and conditions mentioned hereafter of Planet Interim and the Privacy Policy of Planet Interim which form an integral part of this Users' agreement.

Article 1 Contents of Site

Planet Interim has composed the contents of these Sites with the greatest care possible. However, all the information on these Sites regarding posted references, vacancies and companies originates from the Principals, Mediation agencies and/or Interim Professionals and/or Assignees. The Principals, Mediation agencies and/or Interim Professionals and/or Assignees are responsible themselves for the correctness and completeness of this information.

Article 2 Objective of Planet Interim

Planet Interim enables registered Users (including Principals, Mediation agencies and/or Interim Professionals and/or Assignees) to contact each other. However, Planet Interim is never party to any agreement concluded as a result of using Planet Interim.

Article 3 Personal details

  1. If you wish to use these Sites, you shall ensure that your personal details, including but not limited to, your details of name, address and town and all information regarding your company, profile and/or CV are complete, correct and up-to-date.
  2. You guarantee that you are legally authorized to make use of Planet Interim in whatever way.
  3. As a registered interim professional and / or contact you accept that Planet Interim will send you, solicited and unsolicited, information, either through email, fax, SMS, MMS, mail or otherwise, including e-mail notifications, various system messages, update requests and newsletters to keep you informed of relevant developments in the interim market and the services from the Sites, as such based on the assessment and sole discretion of Planet Interim.
  4. The details/content which you publish within the framework of Planet Interim, may not (I) be based on untruths or be misleading, (II) violate the rights of third parties, including copyright, neighbouring rights, brand rights or any other intellectual property rights or rights regarding protection of privacy; (III) be in conflict with any law, regulation, ordinance or other applicable legislation; (IV) contain viruses, Trojan horses, worms, bots or other software which can damage, render unusable or make accessible, delete or appropriate an automated work or information.

Furthermore, below you will find a not exhaustible summary of contents which you may not in any case publish via these Sites, one and other exclusively to be evaluated by Planet Interim:

Content which:

  1.  
    • is discriminating regarding appearance, race, religion, gender, origin or may otherwise be considered harmful;
    • incites violence against and/or pestering of another person or persons and/or;
    • leads to or is the result of exploitation or abusing other people and/or;
    • is contradictory to good morals or good taste, is of a violent nature or contains a link to pornographic material or webSites
    • and/or material or webSites of a violent nature, or contains pornographic or erotic material and/or;
    • whereby committing illegal activities is encouraged or takes place and/or;
    • whereby a breach is committed upon intellectual property rights of others and/or;
    • whereby chain letters, junk mail or spamming is involved and/or;
    • whereby passwords or other information originating from persons is requested for commercial or illegal purposes and/or;
    • whereby commercial activities are involved without prior written permission from Planet Interim, such as advertisements, lotteries, competitions or pyramid games and/or;
    • in which a photo or illustration of another person is included without their permission.
  2. Planet Interim reserves the right to shorten or to change the texts of placed references, profiles and/or CVs. Planet Interim also reserves the right to remove references, profiles and/or CVs from the Sites in the case that the contents of the references, profiles and/or CVs breach the rights of third parties, including but not limited to intellectual property rights.
  3. Planet Interim reserves the right to amend the placed miniSites, profiles and/or advertisements and other expressions if they deviate considerably from the accepted lay-out and/or design of the webSites.

Article 4 Intellectual property rights

  1. The (intellectual property) rights regarding the Sites, also including copyright of the texts, illustrations, lay-out, photos and other (stationary and/or moving) image material, acoustic material, formats, software and other materials, the databank rights and brand rights (including domain names), are vested in Planet Interim and/or the Principals/mediation agencies.
  2. You are not permitted to use the Sites or any content of the Sites, also including making it available in any way to third parties and/or reproducing (the contents of) the Sites, otherwise than in conformity with the objective of Planet Interim. This also means that you are not permitted, without prior written permission from Planet Interim, to request and reuse a substantial part of the contents of the databank(s) and/or to request and reuse non-substantial amounts of the contents of the databank(s) repeatedly and systematically as referred to in the Databank Act [Databankenwet].

Article 5 Unrequested Communication and data collection

  1. The use of (personal) details from third parties which have been made public by them via the Sites, also including but not limited to email addresses of other Users (including Principals, Mediation agencies and/or Interim Professionals and/or Assignees), is solely and only permitted with a view to fulfilling a concrete assignment. It is on no account permitted to process the (personal) details of other Users for any other purpose, which includes, among other things, that the following is forbidden:
    • the (unrequested) initiating of any form of commercial communication by means of email, fax, SMS, MMS, post or otherwise with registered Users (including Principals,
    • Mediation agencies and/or Interim Professionals and/or Assignees) of Planet Interim, at any rate directly or indirectly promoting the goods, services or image of a company, organization or person insofar as one and another does not concern fulfilling a concrete assignment;
    • the (unrequested) initiating of any form of commercial communication by means of email, fax, SMS, MMS, post or otherwise with Principals and/or Mediation agencies, at any rate directly or indirectly promoting the goods, services or image of a company, organization or person, such regardless of whether these products or services (indirectly) concern fulfilling an assignment;
    • any form of unrequested communication;
    • collecting email addresses of Principals and/or Mediation agencies for whatever reason.
  2. If you act or partly act contradictory to the provisions in this article, you will forfeit, without further warning or formal notice and without requiring legal intervention, an immediately payable fine of € 500 (five hundred Euro) per event, whereby the use of one (personal) detail applies as one event, such without prejudice to the provisions below under article 6.

Article 6 Exclusion

Planet Interim reserves the right to exclude you with immediate effect from any further use of Planet Interim if you act in any way in conflict with this Users' agreement, any provisions under Dutch law or with the netiquette which you must take into consideration when using the Internet, such without prejudice to the right of Planet Interim to take further legal action against you and to demand damage compensation.

Article 7 Guarantee

Planet Interim does not guarantee the following:

  • that the information on the Sites, including vacancies placed on the Sites, interim assignments and/or company information and/or profiles is correct, up-to-date and complete;
  • that an employer and/or intermediary is authorized to conclude the agreement with you;
  • that the Sites will work uninterrupted and be free from errors; and,
  • that third parties do not use/will not use the Sites's systems in an unlawful way.

Article 8 Liability

Planet Interim hereby excludes liability for any damage whatsoever, direct and/or indirect, in any form originating from and/or resulting from the use of the Sites. More in particular, Planet Interim shall not be liable in any case for whatever damage, which in any way originates and/or results from the following:

  • actions carried out by you, such as entering into contact and/or concluding agreements with registered Users (including Principals, Mediation agencies and/or Interim Professionals and/or Assignees) which would have been prompted by assignments placed on the Sites;
  • being unable to use the Sites;
  • the fact that certain information from registered Users (including Principals, Mediation agencies and/or Interim Professionals and/or Assignees) on Planet Interim is incorrect, incomplete or not up-to-date;
  • the unlawful use of the systems of Planet Interim by a third party.

Article 9 Indemnification

You completely indemnify Planet Interim from all possible claims from yourself and third parties in any way resulting and/or connected with your use of the Sites.

Article 10 Links

The Sites contains links (for example, by means of a hyperlink, banner or button) to the webSites of third parties. Planet Interim has no authority over these webSites and Planet Interim is not responsible for the contents of these webSites.

Article 11 Security

Planet Interim commits in all reasonableness to protecting its systems and the Sites against loss and/or any form of illegal use. For this purpose, Planet Interim executes suitable technical and organizational measures for this purpose, whereby the state of the technology is taken into account, among other things.

Article 12 Payments policy

  1. For the premium membership, placing banners, minisites and placing standard or premium interim assignments, you owe to Planet Interim the amount stated in this overview or elsewhere on the Sites for the services, which is exclusive of Dutch VAT
  2. The costs of a membership or placement can differ on the basis of, among other things, the duration of the membership or the statement, the types of statements or additional services chosen.
  3. The payment obligations apply from the moment of carrying out the first actions on the Sites under a premium membership and/or a first placement of a banner(s), miniSites(s) or of a standard or premium interim assignment(s), unless otherwise agreed with Planet Interim in writing no longer than 2 months before the moment of carrying out the first actions as a premium member or of placement. If payment is not received or not received on time by Planet Interim, Planet Interim reserves the right to remove the placed banner(s), miniSites(s) or standard or premium interim assignment(s), and to still collect the amount owed.
  4. Products such as banner(s), miniSites(s) or standard or premium interim assignment(s) can be temporarily sold out. After the confirmation email from Planet Interim that your statement will be placed, you must pay the amount owed immediately by one of the methods indicated.
  5. Planet Interim will also be able to invoice Principals on the basis of (flexible) budgets purchased by them. Invoicing takes place afterwards. Some time after purchasing the budget, you will be sent an invoice, with Dutch VAT added, to the address indicated by you. Planet Interim is at all times authorized to terminate the flexible budget with immediate effect and/or temporarily put it out of action.
  6. You are obliged to do everything to meet your payment obligations towards Planet Interim.If the payment term is exceeded, Planet Interim is authorized to charge the legal amount of interest, whereby a part of a month is counted as a full month. You will owe this interest simply and solely by exceeding the payment term, such without the necessity for a summons or formal notice. If Planet Interim is forced to seek legal aid in order to collect the amounts owed to Planet Interim, all the judicial and extrajudicial costs for this will be refunded by you to Planet Interim.
  7. Planet Interim offers Principals the opportunity to purchase the Planet Interim Flexible Budget, whereby users can pay to Planet Interim the particular amounts owed.
    * The Planet Interim Flexible Budget is valid for a period of 12 months from the date of purchase of the Planet Interim Flexible Budget.
    * After expiry of a period of 12 months, any unused Planet Interim Flexible Budget is cancelled, without the user having any right to compensation.
    * The Planet Interim Flexible Budget cannot be cashed in and is non-transferrable. The Planet Interim Flexible Budget cannot be used to make payments to other users of Planet Interim.

Article 13 Miscellaneous

If and insofar as any provision of this Users' agreement is declared null and void or made invalid, the other provisions of the Users' agreement will remain in full force. In that case, Planet Interim will lay down a new provision to replace the null and void provision/provision made invalid, whereby the scope of the null and void provision/provision made invalid will be taken into consideration as much as possible.

Dutch law applies to this Users' agreement. Any disputes will be brought before the competent court in Amsterdam.

The Users' agreement can be amended by Planet Interim at all times. Planet Interim therefore advises consulting the Users' agreement on a regular basis.

Planet Interim,  September 8, 2010