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Bouw-
Infraplaza
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Terms and Conditions

ARTICLE 1. | DEFINITIONS

In these general terms and conditions the following terms, always starting with a capital letter, are
used in the following sense.

  1. Bouw-Infraplaza: the user of these general terms and conditions, part of Infraplaza B.V., located at Kerstomaatplantsoen 26, 1104 VE in Amsterdam registered in the Trade Register under Chamber of Commerce
    number 88824438.
  2. User: anyone who visits the Platform, as well as anyone with whom Bouw-Infraplaza has concluded or intends to conclude a user agreement.
  3. Parties: the User and Bouw-Infraplaza jointly.
  4. Advertiser: a User, natural person acting in the exercise of a profession or business, or legal person, who makes or intends to make use of the Platform for placing advertisements.
  5. Visitor: a User using the Platform without having registered as an Advertiser on the Platform.
  6. Agreement of Use: the agreement concluded between the Parties - by means of registration of the Advertiser on the Platform - within the framework of which Bouw-Infraplaza undertakes towards the Advertiser to make available the functionalities of the Platform offered to the Advertiser, including the possibility of placing Advertisements against
    payment.
  7. Platform: www.bouw-infraplaza.nl.
  8. Account: the part of the Platform exclusively accessible to the Advertiser via his/her user name and password.
  9. Written: communication in writing, communication by e-mail or any other means of communication that, in view of the state of the art and generally accepted views, can be equated with this.

ARTICLE 2. | GENERAL PROVISIONS

  1. These general conditions apply to any visit and use of the Platform by a User. In particular, these general conditions apply to Bouw-Infraplaza's offer to Advertisers to register on the Platform and place advertisements on it, and to any User Agreement concluded.
  2. Destruction or nullity of one or more provisions of these general conditions shall not affect the validity of the remaining provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected clause. The purpose and meaning of the original stipulation will be observed as much as possible.
ARTICLE 3. | REGISTRATION AND FORMATION OF USER AGREEMENTS
  1. In order to use Bouw-Infraplaza's services as an Advertiser, registration by the Advertiser on the Platform is required. Before the Advertiser can send his registration details to Bouw-Infraplaza, he must agree to the applicability of these general conditions.
  2. The data of the Advertiser requested by means of the registration form on the Platform, must be provided
    completely and truthfully.
  3. The User Agreement is effected when the registration of the Advertiser is confirmed by Bouw-Infraplaza by e-mail. After Bouw-Infraplaza has confirmed the Advertiser's registration, the Advertiser has access to his Account by means of his user name and password.
  4. Advertiser shall inform Bouw-Infraplaza as soon as possible of any inaccuracy in the (registration) data provided by him. Bouw-Infraplaza accepts no liability for damage as a result of incorrect or incomplete data provided by the Advertiser. The Advertiser indemnifies Bouw-Infraplaza against all claims of third parties in this matter.
  5. The Advertiser is at all times obliged to keep his password for access to his Account secret. All acts performed under the Advertiser's Account shall be imputed to the registered Advertiser.

ARTICLE 4. | CONTENT, DURATION AND TERMINATION OF THE USER AGREEMENT

  1. The User Agreement is entered into for an indefinite period. As long as the User Agreement continues and Bouw-Infraplaza's offer continues to provide for it, the Advertiser may place Advertisements on the Platform against payment.
  2. The User Agreement may be terminated by the Advertiser by deregistering in the manner indicated under his Account.
  3. If the Advertiser has not signed in with his Account for a period of 12 months, Bouw-Infraplaza shall be entitled to delete the Advertiser's Account and terminate the User Agreement without being obliged to warn the Advertiser.
  4. If the Advertiser terminates the User Agreement prematurely, he shall not be entitled to a refund of the payment he has already made.
  5. Bouw-Infraplaza is at all times free to terminate the exploitation of the Platform, in which case the Advertiser shall be notified by e-mail. If, in such case, the advertising period as referred to in article 8.1 has not yet expired and the Advertiser has paid for it, the Advertiser shall be entitled to restitution in proportion to the unused part of this period.
  6. By termination of the User Agreement, on any ground whatsoever, all Advertiser's ads shall be removed from the Platform with immediate effect. Bouw-Infraplaza has no obligation to save any data of the Advertiser after termination of the user agreement.

ARTICLE 5. | TERMS OF USE

  1. Subject to the restrictions in these general conditions, Bouw-Infraplaza shall make the Account and related
    of the Platform available to the Advertiser during the term of the User Agreement.
    Bouw-Infraplaza enables Advertisers and Visitors via the Platform to contact each other in response to advertisements placed by Advertisers on the Platform
  2. After registration the Advertiser is enabled to place advertisements via his Account. The Platform is intended for the supply and demand of labour (vacancies), training and personal protective equipment. Bouw-Infraplaza reserves the right to assess the ads placed by the Advertiser for relevance to the Platform. If an advertisement does not meet this criterion, Bouw-Infraplaza is entitled to remove the advertisement concerned from the Platform.
  3. Bouw-Infraplaza only makes the Platform and associated functionalities thereof available to the User. The direct or indirect sharing via the Platform of information provided by the User in the context of the User Agreement is the full responsibility and liability of the User. The User guarantees that the direct or indirect provision of data by the User via the Platform does not infringe the rights of third parties.
  4. The rights belonging to the Advertiser in connection with the User Agreement may never be transferred to third parties.
    overgedragen aan derden.

ARTICLE 6. | ABUSE

  1. The Advertiser is not allowed to deliberately provide incorrect, incomplete or misleading information via his Account.
  2. The User is not allowed to breach, remove or circumvent any security in the Platform's software.
  3. The User is not allowed to use equipment or software that may interfere with the normal operation of the Platform or cause a heavy load, such as spreading viruses, worms et cetera.
  4. The User is not allowed to send unsolicited messages (SPAM) via the systems of Bouw-Infraplaza, or third parties on which the service of Bouw-Infraplaza depends.
  5. The Advertiser guarantees that all information he adds to his Account does not infringe any third party rights or any legal regulation.
  6. The Advertiser is not allowed to add threatening, racist, intimidating or other indecent expressions
    to his advertisements.
  7. Bouw-Infraplaza is at all times authorised to perform all actions that may help detect or prevent alleged abuse. Users may complain to Bouw-Infraplaza about any misuse. If Bouw-Infraplaza considers a complaint well-founded, Bouw-Infraplaza reserves the rights as referred to in article 7.

ARTICLE 7. | SUSPENSION AND TERMINATION

  1. Bouw-Infraplaza shall, if the circumstances of the case reasonably justify this, be authorised, without judicial intervention, to temporarily block the Advertiser's Account or to dissolve all or part of the User Agreement with immediate effect, if and insofar as the Advertiser does not, does not promptly or does not fully comply with his obligations under the User Agreement (including in particular the provisions in these General Terms and Conditions), or circumstances come to Bouw-Infraplaza's knowledge after the User Agreement has been concluded that give good reason to suspect that the Advertiser will not fulfil his obligations. If compliance with the Advertiser's obligations, with regard to which he fails or threatens to fail, is not permanently impossible, the right to terminate shall only arise after Bouw-Infraplaza has served the Advertiser with a notice of default In Writing, in which notice of default a reasonable period is given within which the Advertiser may ( still) comply with his obligations and the compliance has still not been complied with after expiry of the last-mentioned period.
  2. The Advertiser shall never claim any form of compensation in connection with the right of suspension or termination exercised by Bouw-Infraplaza.

ARTICLE 8. | PRICES AND PAYMENTS

  1. For placing ads, the Advertiser is charged a fixed price per ad. This price is explicitly stated on the Platform.
    Upon payment of this price, the Advertisement can be seen on the Platform for a maximum of four weeks. On expiry of the four week period, the Advertiser may renew the placement of the Advertisement for another four weeks, on payment of the price stated by Bouw-Infraplaza.
  2. Unless specifically stated otherwise, all amounts mentioned by Bouw-Infraplaza and owed by Advertisers are exclusive of VAT.
  3. Unless specifically agreed otherwise in Writing, the Advertiser shall be liable for full payment in advance before placing an advertisement on the Platform. If payment by bank transfer has been expressly agreed in Writing, payment must be made within the period stated on the relevant invoice. Bouw-Infraplaza alone shall decide whether the Advertiser may make payment in arrears.
  4. Bouw-Infraplaza is entitled to provide the Advertiser with the invoice by electronic means only.
  5. If and to the extent payment after placement of advertisement(s) has been agreed and if payment is not made on time, the Advertiser's default shall be legally effective and Bouw-Infraplaza shall be entitled to remove the relevant Advertiser's advertisements from the Platform. From the day that the Advertiser's default commences, the Advertiser shall owe interest of 2% per month on the outstanding amount, with part of a month being considered a full month.
  6. All reasonable costs, both judicial, extrajudicial and execution costs, incurred to obtain amounts owed by the
    Advertiser, shall be charged to the Advertiser.

ARTICLE 9. | LIABILITY AND INDEMNIFICATION

  1. Bouw-Infraplaza only provides the functionalities of the Platform to the User and is in no way involved in any conclusion and execution of agreements between the Advertiser and Visitor. Bouw-Infraplaza does not bear any liability in this context.
  2. Bouw-Infraplaza cannot guarantee whether and to what extent the Advertiser generates extra turnover by advertising via the Platform.
  3. Bouw-Infraplaza is not liable for loss of data stored by the Advertiser via his Account.
  4. Bouw-Infraplaza shall not be liable for damage resulting from unauthorised use of user names and passwords.
  5. Advertiser decides which information is published on the Platform. Bouw-Infraplaza is not obliged to verify whether the information placed on the Platform by Advertisers is unlawful or misleading. Bouw-Infraplaza therefore accepts no liability for the information published on the Platform by Advertisers. The Advertiser shall indemnify Bouw-Infraplaza against claims by third parties, including Visitors in particular, based on the proposition that the information published by the Advertiser on the Platform is incorrect, incomplete, unlawful or misleading.
  6. Bouw-Infraplaza will make every effort to optimise the correct operation and accessibility of the Platform. However, Bouw-Infraplaza cannot guarantee unlimited availability of the Platform and that all facilities of the Platform shall always function without problems. All liability of Bouw-Infraplaza in this regard is excluded. Furthermore, Bouw-Infraplaza shall not be obliged to compensate the User in any other way.
  7. Bouw-Infraplaza shall not be liable for programming errors in respect of the Platform. Furthermore, Bouw-Infraplaza is not liable for viruses or other harmful components that cause damage to the hardware or software of the User by means of the Platform, Account or servers.
  8. Only if Bouw-Infraplaza imputably fails to make the paid functionalities of the Platform available to the Advertiser, Bouw-Infraplaza may be liable. However, this liability shall not exceed restitution of the amount agreed with the Advertiser and paid by the Advertiser to Bouw-Infraplaza for placement of the advertisement to which Bouw-Infraplaza's liability relates. Bouw-Infraplaza shall never be liable for consequential damage.
  9. The right to initiate legal action or defence in respect of a claim as referred to in the preceding paragraph expires if Bouw-Infraplaza has not been notified in writing, motivating reasons, of the presumed shortcoming within seven days of its discovery, or at least of its reasonable discovery.
  10. If and insofar as the User violates the provisions of these general conditions or any statutory regulation, the User shall indemnify Bouw-Infraplaza against all resulting damages and claims of third parties. If Bouw-Infraplaza should be held liable by third parties for this reason, the User shall be obliged to assist Bouw-Infraplaza both extra-judicially and judicially and immediately do all that may reasonably be expected of him in that case. Should the User fail to take adequate measures, Bouw-Infraplaza is entitled, without notice of default, to take such measures itself. All costs and damage caused on the part of Bouw-Infraplaza and third parties as a result, shall be for the account and risk of the user.

ARTICLE 10. | INTELLECTUAL PROPERTY

  1. All copyrights and other rights of intellectual property on the Platform, including its design and operation, as well as the advertisements, blogs, news reports, images and texts placed on it, belong to Bouw-Infraplaza or its licensors (which may include the Advertiser). The User shall not reproduce or cause to be reproduced any material not placed on the Platform by himself or herself, or use or cause to be used for commercial purposes, or reproduce or cause to be reproduced, or use or cause to be used in any other way than is necessary in connection with the normal use of the Platform or as results from the User Agreement.
  2. In the event of a violation of the provisions in the preceding paragraph attributable to the User, Bouw-Infraplaza reserves all rights to which it is entitled under the law, including the right to compensation for damages to be reasonably determined by it and immediate undoing of the violation.

ARTICLE 11. | FINAL PROVISIONS 

  1. Bouw-Infraplaza is entitled to amend these general terms and conditions. In such a case the User shall be notified thereof, whereby the adjusted general terms and conditions shall be made available to him for inspection, after which they shall apply.
  2. The use of the Platform by the User and in particular any User Agreement and all legal relationships between the Parties resulting therefrom, shall be governed exclusively by Dutch law.
  3. The Advertiser shall be obliged to notify Bouw-Infraplaza as soon as possible of changes to the e-mail address provided by him. If the User does not fulfil his obligation as referred to in the previous sentence, wrongly addressed messages from Bouw-Infraplaza shall be deemed to have been received by the User.
  4. If a legal dispute occurs between the Parties, the Parties shall, before calling on the courts, be obliged to make every effort to settle the dispute in mutual consultation.
  5. Only the competent judge within the district of the District Court of Amsterdam shall be appointed in first instance to take knowledge of any legal disputes between Parties, without prejudice to the right of Bouw-Infraplaza to appoint another judge competent according to law. A Visitor shall be entitled to choose the court with jurisdiction according to the law within one month after Bouw-Infraplaza has announced in writing that it wishes to litigate in the court it has designated.