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General Terms and Conditions

General Conditions Fiks

Dit zijn de algemene voorwaarden van Fiks (”Fiks“), een onderneming met adres Roelof Hartplein 7-2, Amsterdam. Fiks is ingeschreven bij de Kamer van Koophandel onder nummer 77714644.

Applicability

  1. Deze algemene voorwaarden zijn van toepassing op alle diensten van Fiks, op elke overeenkomst die tot stand komt tussen Fiks en een Gebruiker (zoals hieronder gedefinieerd) van onze website https://fiks.nl (de “Website“) en alle rechtsbetrekkingen en (rechts)handelingen die daaruit voortvloeien.
  2. By using the Website and the services of Fiks you agree to be bound by these general terms and conditions.
  3. The '' User" means all natural persons and legal entities who visit the Website, log into the Website, and / or use, share and / or post information provided on the Website.
  4. Fiks zal de algemene voorwaarden op verzoek kosteloos toezenden. De algemene voorwaarden zijn ook beschikbaar op https://fiks.nl/.
  5. The above definitions are used in these general terms and conditions in both singular and plural.

 

Fiks

Fiks offers an online platform that connects students and companies in an easy and accessible way.

Usage Website 

  1. Users must observe Dutch and other applicable laws or regulations when using the Website.
  2. User may not distribute the following through the Website:
    1. Plagiarism and / or previously published content;
    2. Pornographic videos, images or other media with erotic content;
    3. Texts or images that are offensive, racist, discriminatory or hateful;
    4. Unsolicited advertising (spam);
    5. False or misleading information; and / or
    6. Viruses, malware, spyware or other software intended to harm computers of ours or other Users.
  3. The User may not create an account under someone else's name or pretend to be someone else in any other way.
  4. The user may not approach other Users for commercial purposes other than those for which the Website is intended.
  5. If the User wishes to report another User who is abusing the Website, the User can send a message to [email protected].
  6. Fiks reserves the right to adjust or omit the information provided to User before it is made known to Users and / or published on the Website.

Account 

  1. User and client are at least 16 years old to create an account.
  2. User must protect the login details of his account from others.
  3. User must keep his password strictly confidential. Fiks may assume that everything that happens on or with the User's account is done by the User or is done under the supervision of the User.
  4. If User thinks or knows that his account is being abused, User must report this to Fiks as soon as possible. In that case, Fiks will take appropriate measures.
  5. The User is responsible for his behavior and any data, text, files, information, usernames, images, photos, profiles, graphic art, copyrighted works, links and other content or materials.
  6. The user is responsible for the confidential information that he provides to Fiks or for omitting confidential information.
  7. Fiks is entitled to determine at its discretion whether an account will be strengthened.
  8. Fiks has the right at all times to modify or delete accounts, profiles, data and other information. In addition, Fiks has the right to deny Users access to the Website for a definite or indefinite period.
  9. If Fiks is of the opinion that User is in breach of the law or these general terms and conditions, Fiks may (partially) exclude the User from the Website. Fiks can, for example, exclude the User from the Website by:
    1. to delete the User's account; or
    2. block parts of the Website for the User.

Rates and payment 

  1. All prices used by Fiks are exclusive of VAT.
  2. The Fiks subscriptions are offered for a fixed amount per year. The costs for a subscription will be paid annually by invoice or by direct debit.
  3. The term of the subscription is 12 months. The subscription can be cancelled annually after the first tacit renewal.
    1. Het contract kan opgezegd worden via mail, chat (via de site) en vanuit het dashboard.
  4. In addition to subscriptions, Fiks also offers a no cure no pay option. In that case, costs will be charged for a successful placement. The rate ('placement fee') depends on the type of vacancy.
    1. A successful placement means the moment when the candidate enters the employer's service, or has signed a contract with the employer, and it meets
      one of the following conditions:
      - the candidate has created an account at Fiks;
      - the candidate can confirm that the internship/traineeship has been found through Fiks' channels.
  5. Het is te allen tijde mogelijk om van abonnement wisselen. Echter is het zo dat sollicitaties van studenten (en de hierop volgende ‘plaatsingen’ van stagiairs) vallen onder het abonnement dat op het moment van solliciteren aan het bedrijf gekoppeld is. 
  6. Fiks is als ‘connector’ niet verantwoordelijk voor de kwaliteit van de stagiair. Het selectieproces van de juiste kandidaten ligt niet bij Fiks, maar bij de Gebruiker. Het is daarom ook niet mogelijk om Fiks aansprakelijk te stellen voor een ‘mismatch’. Wij verlenen hier geen restitutie voor.
  7. Payment of invoices from Fiks must be made within 30 days of the invoice date.
  8. In case of non-payment or late payment, the User will be in default by operation of law without notice of default. In that case, the User will owe the statutory (commercial) interest from the date on which the payment became due until the day of full payment, whereby interest on part of the month is calculated over a whole month.
  9. If a User is in default, because, for example, amounts owed cannot be collected by Fiks, Fiks is entitled to close the account of the relevant User.
  10. For some services you can make unlimited use of them. If so, a fair use policy applies;
    unrestricted use must be reasonable and misuse is not permitted.
  11. Fiks is authorized to increase the rates if:
    1. The case of desirable price increases;
    2. Within twelve months after the conclusion of the agreement and this is the result of statutory regulations or provisions; and / or
    3. From twelve months after the conclusion of the agreement, if the increase is not unreasonable.

Liability

  1. Fiks is not a party to the agreements concluded between Users and is therefore not responsible for the agreements between Users. In the event of a conflict, Users must resolve this themselves.
  2. Fiks is only liable for direct damage caused by gross negligence or intent on the part of Fiks and up to a maximum of once the amount stated in the invoice.
  3. Fiks is not liable for damage that is or may be the result of any act or omission as a result of the information on the Website or that of:
    1. linked websites, even if there are imperfections; and / or
    2. inaccuracies in the information provided by us.
  4. Fiks is not responsible for errors and / or irregularities in the functionality of the Website and is not liable for malfunctions or the Website being unavailable for any period for any other reason.
  5. Fiks takes all care that can reasonably be expected of Fiks for the security of data of Users and third parties. Fiks is not liable for loss of data or unauthorized access to data that arises despite the care taken by Fiks. In addition, Fiks is not liable for any loss of data or unauthorized access that occurs when data is transmitted over public networks or when using networks and systems of third parties.

Complaints

  1. Complaints submitted to Fiks will be answered within 2 working days, calculated from the date of receipt.
  2. The right to a (partial) refund of the price or compensation will lapse if the complaint is not reported within the set term, unless a longer term arises from the nature of the case.

Engagement of third parties 

  1. Fiks is entitled to engage third parties in the performance of the services, where necessary. Fiks is not obliged to personally inform the User about this. Using the services of Fiks implies that the Users authorizes Fiks to accept any liability limitations of third parties also on behalf of the User.
  2. Fiks takes the utmost care when engaging third parties. However, Fiks is not liable for the acts or omissions of these engaged third parties, unless there is intent or gross negligence on the part of Fiks.

Invalidity 

If a provision of these general terms and conditions proves to be null and void by law, Fiks and User remain bound by the other provisions of this deed. Fiks will replace the invalid or non-binding provision (s) by a provision that is legally binding and of which the scope is as much as possible the same as that of the provision (s) to be replaced, taking into account the purpose of these general terms and conditions.

Amendments 

Fiks reserves the right to unilaterally adapt, supplement and / or change these general terms and conditions at any time without making any obligation or notification thereof to Users. The most current version of the general terms and conditions can be found on the Website. By visiting the Website, the User is informed of the current general terms and conditions.

Other provisions 

  1. Fiks may at any time make changes to the design or functioning of the Website, including the underlying technical mechanisms.
  2. These general terms and conditions apply not only to Fiks, but also to other persons who are or have been involved in the use of services or on whom any liability rests or could rest in connection therewith. This also applies to their legal successors under universal title.

Applicable law and choice of forum 

  1. These general terms and conditions, and all non-contractual rights and obligations arising from them, are governed in all respects by Dutch law.
  2. All disputes between Fiks and Users will in the first instance be settled by the competent judge of the Limburg District Court.

Laatste update: 30 maart 2022