Terms and conditions
General terms of sale :
Scope
A.
MisterHoreca, part of LetsCom (hereinafter referred to as “MisterHoreca ") and the undersigned partner (hereinafter referred to as" Client ") are committed to fulfil the contract in accordance with these terms of sale. The terms of sale of MisterHoreca and the rate constitute the entire agreement between the Client and MisterHoreca. All other terms of sale of the Client are not valid unless MisterHoreca consents explicitly and in writing.
B.
MisterHoreca’s terms of sale which were in force when the last contract was concluded with the Client will apply in the relations between MisterHoreca and the Client.
1. Description of Services
1.1
MisterHoreca publishes Adverts on the Internet for the Client.
The contract requires MisterHoreca to publish the adverts on the site www.MisterHoreca.be under these terms of sale. The publication period for access to the advert will be at least 4 weeks.
The contract gives MisterHoreca the right to use the data supplied by the Client for statistical analysis and the results will be treated anonymously.
The restrictive trade agreement is not accepted.
2. Written form
2.1
The mandatory written form is not effective. Conventions can be made by both parties without any formal requirement and will be valid.
3. Payment Deadline
3.1
No agency commission is paid for online orders.
3.2
In general, the Client may choose to pay by direct debit or within 8 days after receipt of the invoice. In all other cases, the measures described in Articles 4 and 5 of the General Terms of Sale shall apply.
The payment for the services provided by MisterHoreca is described in the rate given to the client. The rate in effect and given to the Client at the date of the offer made to the Client shall apply. Services not included in the rate of MisterHoreca are subject to individual agreements between the Client and MisterHoreca.
The payment as described in Article 4 includes all additional costs, including emails, telephone calls, fax, data transmission, photocopying and postage usually incurred.
The invoice will be sent to the Client immediately after the publication of the advert on the site and 14 days at the latest after the conclusion of the contract.
All prices are exclusive of VAT and payable on the date of invoice.
Payment by bank transfer from abroad is accepted only if all bank fees are charged to the Client.
4. Information for the Client:
4.1
The Online ordering service is provided by
MisterHoreca (part of letsCom), Rue de la Vallée de l'Ourthe, 61a B-6680 Sainte-Ode / E-mail: Mail@MisterHoreca.be,
Trade Register
BTW BE 0894 637 631.
The control authorities responsible for regulating MisterHoreca activities can be contacted as follows:
•Brussels Fr:
Ministère de la Région de Bruxelles-Capitale, l’Administration de l’économie et de l’emploi
Direction de la politique de l’emploi
Boulevard du Jardin Botanique 20
1035 Bruxelles
+ 32 2 204 21 11
•Brussels D:
Ministerie van Brussel Hoofdstedelijk Gewest, Bestuur Economie en Werkgelegenheid
Directie Werkgelegenheidsbeleid
Kruidtuinlaan 20
1035 Brussel
+32 2 204.21.11
• For Wallonia:
Ministère de la Région Wallonne
Direction générale de l’économie et de l’emploi
Place de la Wallonie, 1
5100 Namur
+32 81 33 43 43
• For Flanders:
Ministerie van de Vlaamse Gemeenschap
Administratie werkgelegenheid
Markiesstraat 1
1000 Brussel
+32 2 553 44 12
The contract with the Client will be valid if:
• The form, including the advert model, has been completed
• The Client reads and accepts the terms of sale
• The Client clicks on "Confirm your advert"
The contract is concluded when the Client receives confirmation of MisterHoreca indicating that the advert is published on the site.
4.2
MisterHoreca provides the technology to detect and correct any errors included in the contents to be published online before ordering. The most important element of this is viewing the advert at each stage of the order. This is when the Client can identify and correct errors before sending the order. Once the order is placed, the Client receives an email confirmation. Once the order is online, the Client receives an email giving the codes to log into the recruiters area. This is where the Client can correct any errors themselves.
4.3
MisterHoreca certifies that they meet the Standards of Data Protection provided by the Belgian law, see "Privacy"
5. Bases of Cooperation
MisterHoreca is committed to continuously optimizing the number of responses to the adverts of the Client through collaboration with several partners in the online and offline media.
The Client’s rights under this contract are neither transferable nor assignable.
After the conclusion of this contract, the Client agrees to receive, by email or by mail, surveys, newsletters or other commercial communications that help MisterHoreca to improve and maintain quality standards. The Client may withdraw their consent at any time and this withdrawal will be effective immediately.
MisterHoreca reserves the right not to execute orders placed by the Client if they constitute a violation of law, government regulations or if they violate the rights of third parties or morality ("illegal content"). This rule also applies if links included in the advert of the Client directly or indirectly lead to pages with illegal content.
The Client agrees to indemnify MisterHoreca and willhold MisterHoreca harmless from any payments and legal costs incurred because of illegal content or violations of the law at first request.
MisterHoreca disclaims any liability for the data received, advert texts or corresponding storage media, and in particular is not required to keep them or to give them back to the Client.
MisterHoreca has the right to use delegation agents.
The Client is responsible for the configuration and arrangement of their infrastructure by the rule book so that it is neither a target nor the source of disturbance that could affect the Internet service provided by MisterHoreca or disturb in any manner the overall functioning of the free network.
The Client certifies that the content they publish on the Internet or supplied to MisterHoreca for publication is free in whole or in part, from rights belonging to third parties. The Client indemnifies and holds MisterHoreca harmless from any damage incurred by MisterHoreca by a violation of this rule by the Client at first request.
6. Intellectual Property
6.1
This contract does not transfer any intellectual property right of MisterHoreca to the Client. All rights of MisterHoreca remain the intellectual property of MisterHoreca without restriction.
6.2
All documents and content published by MisterHoreca are subject to intellectual property rights of MisterHoreca (copyright, trademark rights and rights on the data), except for individual elements of these documents and content which have been created by the Client or a third party and which are already subject to intellectual property rights of the Client or the third party and which have not been amended or revised by MisterHoreca.
6.3
The Client shall ensure that the content to be published is in accordance with the laws on the press, competition law and any other applicable regulations.
The Client grants to MisterHoreca a license for the use, reproduction and communication to third parties of data, content, logo, trademark, trade name or other signs of the Client for delivery of service elements. By ordering, the Client warrants that they have purchased or otherwise acquired all necessary rights of use, copyrights and additional copyrights required to enable MisterHoreca to provide the service (including, but not limited to the publication of data and content of the Client on Internet).
7. Warranty
MisterHoreca endeavors to the best of their ability to provide the service. If the service includes the creation of software, MisterHoreca endeavors to the best of their ability to create software free of errors. The Client acknowledges that, in accordance with current technical standards, it is not possible or economically reasonable to create a program totally free of errors.
The Client undertakes to provide any other information and documentation necessary to achieve the objectives stipulated in the contract. This includes in particular the provision of advert text and layout. This also includes an obligation for the Client to inform MisterHoreca immediately if any of the service elements has expired.
8. Disclaimer
Subject to Articles 9.2, 9.3, 9.4 and 9.5, full responsibility for MisterHoreca under a contract is limited to the maximum provided by law in force and to direct losses (excluding all indirect, particular, punitive or incidental damages, damages for lost profits or revenues, for invasion of privacy, business interruption or loss of business information) up to the a limit of:
8.1 Misterhoreca is responsible for:
8.1.a. If the damage is caused by a delivery delay from MisterHoreca: 0.5% of the price of the Service Element affected by week (7 days) of delay, with a maximum of 5% of the total contract price for the Service Element concerned;
8.1.b. If the cause of the damage is different, 5% of the total contract price.
8.2
MisterHoreca is not responsible for the following:
8.2.a. The accuracy of the data published by MisterHoreca on the request of the Client or the payer. MisterHoreca will not be held responsible for the statements included in the data.
8.2.b. The performance of third parties engaged by the Client to perform the obligations under these terms of sale.
8.2.c. All cases of emergency as described in Article 10 below.
8.2.d. A minimum number or a minimum quality of applications for the vacancies of the Client.
8.2.e. Investments made by the Client in connection with the contract and in anticipation of a minimum number of applications.
8.3
If the use of a service element guaranteed by the contract is limited by protection rights belonging to third parties, MisterHoreca may, at their expense, either modify the element of service to avoid this limitation, either obtain the necessary authorization to use the element of service in accordance with the rights of third parties. These measures must not result in an inappropriate limitation of the functionality of the service element for the Client. If the Client becomes aware of protection rights belonging to third parties, the Client shall notify MisterHoreca immediately and in writing.
8.4
Any indemnity claim must be submitted by the Client before a maximum of one year after the date on which the Client was aware or should have become aware of the failure.
8.5.
Limitations and exemptions from liability for damages described in Article 8 shall apply irrespective of whether liability is based or not on a breach of contract, misdemeanor (including negligence), the strict liability or because of the product, hidden defects, breach of warranty or any other legal obligation, even if (i) MisterHoreca has been warned of the possibility of such damages or if such possibility was reasonably foreseeable and (ii ) damages result from gross negligence of MisterHoreca.
9. Unpredictable events
In the case of unpredictable events having a major impact on the economic aspect of a contract, or a case of force majeure (both hereinafter referred to as "Force Majeure"), the contract will be adjusted accordingly and in good faith (for example, the execution periods will be extended by the duration of the case of force majeure) or terminated by MisterHoreca with immediate effect.
Force majeure include, but are not limited to the following: wars, fires, acts of terrorism, server outages uncontrollable by MisterHoreca or caused by a lack of communication or a problem of software or hardware of the Client, cuts in telecommunication networks, etc..
10. Privacy
MisterHoreca shall treat confidentially all information provided under this contract and marked as confidential. This obligation will continue even after the expiration of this contract.
The acceptance of the offer commits both sides to respect mutually all applicable laws regarding privacy and data protection.
The Client is informed, in accordance with the laws on data protection, that MisterHoreca keeps the data in a form usable by computer and uses them accordingly to the objectives of this contract.
The Client is required to handle identifications, passwords, user names or any other security system for the use of services with diligence and with the necessary precautions, to take all necessary measures to ensure their confidentiality, security and proper use, and to avoid that this information is disclosed to unauthorized parties. The Client shall be liable for any use of their password or username by a third party unless the Client provides evidence that access to the password or user name by a third has not been granted by them and that the cause of this access does not fall within their competence. The Client must immediately notify MisterHoreca if it seems or if it turns out that any unauthorized person uses their password or user name or if these means of access are used or could be used by usurpation. In the case of a breach of material obligations of the Client in relation to this contract, whatever they are, including in particular but not limited to violations of obligations described in this article, MisterHoreca is entitled to immediately stop providing their services without further notice and without liberating the Client of their payment obligations of any kind.
11. Deadline
This contract takes effect from the date on which MisterHoreca receives a signed copy of the contract. The agreed term takes effect on the supply of the first Service Element. If the Client is responsible for the delay of the delivery of the first Service Element, the contract will take effect not later than 14 days after the date on which MisterHoreca received the signed contract. This contract will be terminated automatically at the agreed deadline, unless the below additional Terms of Sale provide different measures.
Service Elements can be ordered during the agreed contract period. The right of the Client to order Service Elements that were not claimed before the termination of the contract will expire at the contractual deadline.
12. Jurisdiction
Only the Belgian law is applicable to this contract. The courts and tribunals of Brussels only are competent for conflicts arising from this contract.
Brussels is the executing place of all legal relations between MisterHoreca and the Client.
Additional terms of sale: Adverts
These additional Terms of sale for listings of jobs, opening pages and company brochures ( "Adverts") apply in appendix to our General Terms of Sale and prevail if in doubt.
1. Description of Services
1.1
MisterHoreca publishes the adverts on the Internet for the Client in accordance with Article 1 of the General Terms of Sale.
1.2
In addition, MisterHoreca has the right, without being obliged, to publish adverts on other media, online or offline, in print or to distribute the adverts to third parties for additional publications. MisterHoreca works with media partners for this purpose, and host all or part of MisterHoreca posting board on other URLs without seeking prior approval of the Client. A list of partners working with MisterHoreca media can be obtained on request to MisterHoreca. MisterHoreca charges no fees for this additional service.
1.3
The description of the above services is exhaustive.
2. Duration of Publication
2.1
Unless otherwise stated, a job listing is posted for 30 days, a banner for a period of 3 months.
3. Responses to Adverts
3.1
Electronic applications are transferred without adaptation and reading of their content to an email address of the Client. MisterHoreca disclaims any responsibility for the content of these transferred applications. Only electronic applications will be transferable; offline applications will not be transferred. In addition, applications with a blocking signal will not be transferred. MisterHoreca can not be held responsible for the content of the applications. MisterHoreca reserves the right to remove applications with obvious Illegal Content (as described in Article 6.3 of the general Terms of sale).
The Client is required to handle applications in accordance with local laws and regulations of data protection. The Client will indemnify MisterHoreca at first demand against any claims by third parties arising from Client's violation of statutory provisions or data protection.
4. Miscellaneous
4.1
The Client is informed and acknowledges that MisterHoreca can not prevent the unauthorized publication of job listings by third parties. However, MisterHoreca will, within the limits of technology and law, do all in their power to prevent such unauthorized publications.
4.2
The Client hereby grants MisterHoreca all rights of ownership of a database with data that can result from multiple adverts provided to MisterHoreca for publication. In particular, the Client acknowledges that MisterHoreca is the producer of the database for these job listings and is the sole holder of right on the database for the listings of jobs provided by the Client to MisterHoreca for publication.
4.3
A price offer by MisterHoreca below the rate is valid only for the specific Client and under specific conditions that this bid was made by MisterHoreca. It does not apply to a Client who requires a third party, such as an agency, to act on their behalf.
4.4
The transfer of an Advert Contract ("Reselling") to a third party requires the prior authorization of MisterHoreca.
Additional terms of sale: CV Database
The Section CV Database of the additional Terms of sale applies in appendix to our General Terms of Sale and prevails if in doubt.
1. Description of Services
1.1
MisterHoreca gives the Client the ability to search the profiles of candidates in their databases managed jointly by several MisterHoreca companies within the Group MisterHoreca ("CV Database"). The Client may contact the candidate whose CV is in the database via MisterHoreca electronic system, provided that the Applicant has agreed.
1.2
MisterHoreca grants access to the CV Database only to Clients for their personal needs. The Clients may not allow access to the CV Database, or transfer CV to third parties. The Clients may not place deep links to their own website on the CV Database ("Deep Links"). MisterHoreca reserves the right to immediately and without notice legal bring suit against any violation of this provision.
1.3
The Client may not store personal data of candidates on their own system.
2. Client Obligations
2.1
The Client certifies that they will comply with all rules of law, third party rights and good morals. Article 6.3 of the General Terms of Sale shall also apply.
2.2
In particular, the Client undertakes not to transfer or communicate in any way the personal data of candidates, to respect their privacy and abide by all rules that apply in respect of data protection and protection of privacy. The Client is aware that, if a candidate solicits from MisterHoreca the deletion of any data concerning them, and if MisterHoreca notifies the Client of such request, the Client shall immediately delete any copy and any electronic file or any data concerning the profile of the candidate in question.
2.3
The Client agrees to indemnify and hold MisterHoreca harmless from all losses, costs, claims, damages or other expenses incurred by the Client, unless MisterHoreca is responsible.
2.4
Applicants are responsible for how they complete their candidate profile. Therefore, MisterHoreca does not guarantee their completeness, correctness, accuracy or accessibility. MisterHoreca does not guarantee any level of response.
2.5
The data of the Candidates are strictly confidential and can not be stored or used in accordance with the law on data protection in force. The Client is allowed to contact the candidate only in order to fill a vacancy. MisterHoreca has the right to block the Client and to prevent access to data of candidates in the event of violations by the Client.
2.6
The deadline will be decided by individual agreement.
Additional terms of sale: MisterHoreca Recruiter Area
The Section MisterHoreca Recruiter Area of the Additional Terms of Sale applies in annex to our General Terms of Sale and prevails in case of doubt.
1. Description of Services
1.1
The Recruiter Area tool allows the Client to edit and publish their Adverts themselves. This description of services is valid as a contract of functionality and is exhaustive. No other functionality is offered.
1.2
MisterHoreca provides the Client a username and password to access the server. The Client may change their password at any time. In the framework of their responsibilities, the Client must ensure that their username and password may be used only by persons authorized to access MisterHoreca Recruiter Area. The Client is also required to consider any additional security of which they have been informed.
2. Privacy
2.1
If personal data are processed, by signing appropriate agreements with their employees and / or taking appropriate organizational measures, the Client is required to comply with all regulations concerning data protection. This applies particularly to the process of collecting, processing, transfer and deletion of data. MisterHoreca is entitled to store the Client's personal data and can process these data according to the scope of this contract.
Additional terms of sale: MisterHoreca "Banner"
The Section MisterHoreca "Banner" of the Additional Terms of Sale applies in annex to our General Terms of Sale and prevails if in doubt.
1. Service Description
1.1
MisterHoreca publishes, on behalf of the Client, a standard graphic advertising banner ("Banner") on the appropriate area of the website www.misterhoreca.be.
1.2
The position of the banner "Banner" will be decided by MisterHoreca. That is why the Client has no right to have the banner put at one given place.
1.3
No agency commission is granted for the Banner on MisterHoreca.
1.4
The size of the standard graphic banner can not exceed 970 x 250 pxl. The MisterHoreca banner will remain in place and will appear intermittently with an equal display time.
2. Prices and Deadline
The Banner will be issued for a maximum of 30 days. The price and duration will be proposed by Misterhoreca (part of LetsCom) via an offer that will be signed with the words "for approval" and sent to mail@misterhoreca.be
The payment for the services provided by MisterHoreca is described in the tariff given to the Client. The tariff in force and given to the Client at the date of the offer made to the Client shall apply. Services not included in the tariff of MisterHoreca are subject to individual agreements between the Client and MisterHoreca.
3. Cancellation / Refund
The Buyer has the option of canceling until it is put online.
All transactions made with credit and debit cards are charged at the time of purchase.
A refund will be made in the event of cancellation of the order between the time of purchase and the time of posting.
Done at Amberloup, 08/10/2024
MisterHoreca - Part of Letscom
Rue de la Vallée de l'Ourthe, 61 a
6680 Sainte-Ode - België
BTW: BE 0894 637 631 • IBAN Code: BE 62 7512 0320 7461