Terms and conditions

Software as a Service Terms and Conditions MrWork - Latest update: April 2025

Welcome to MrWork B.V MrWork). MrWork provides software in the field of online recruitment, aimed at strengthening the employer's brand(Brand Activation), reaching the right target group with vacancies(Jobs) and generating leads / applicants(Lead Generation / Leads). In addition, MrWork offers Support Services such as supporting the user in setting up and optimising marketing strategies (the Support Services and Software collectively: the Services).

These Services are provided as a Software-as-a-Service (SaaS) solution(Software). SaaS means that the software is offered via an online environment in which you, as a User, can immediately start working yourself. More information can be found via the websitemrwork(the Website).

These SaaS terms and conditions (the Terms and Conditions) apply to all offers, quotations, agreements and collaborations between MrWork and its Users(Users), regarding the Services offered by MrWork. MrWork offers its Services under the condition that the User accepts these Terms and Conditions.

Terms and Conditions

Definitions
1. Services: All services provided by MrWork in the field of online recruitment processes, such as but not limited to making the Software available and providing the (Supporting) Services.
2. MrWork: MrWork B.V., the private company with limited liability under Dutch law, having its registered office and principal place of business in Rotterdam at Wilhelminakade 320, 3072 AR Rotterdam. MrWork is registered with the Chamber of Commerce under number 57298890. MrWork is also referred to as "we" and "us".
3. User: The natural person or legal entity that uses MrWork 's Services and enters into an Agreement with MrWork, or negotiates with MrWork to enter into an Agreement. User is also referred to as "you".
4. Party(ies): MrWork and User individually and jointly.
5. Agreement: The accepted Terms and Conditions including the Order Form, in which the use
  of the Software and Services by User.
6. (SaaS) Software: The software containing the entirety of web pages, software, databases and other relevant functionalities that MrWork makes available to User as SaaS within the framework of the Services.
7. Social Media: Social media networks including, but not limited to, Facebook, Twitter, LinkedIn, Pinterest, Instagram and YouTube.
8. (Software) Modules: The modules that MrWork offers as part of its services and which can be purchased individually or combined by User, namely Brands / Brand Activation, Jobs and Lead Generation / Leads.
9. Expressions: All expressions posted by or at the request of User on Social Media in the context of the Agreement including, but not limited to, job postings, advertisements, company profiles, disclosures and announcements.
Offers and quotations
1. All offers, quotations and proposals by MrWork are without obligation, unless otherwise agreed.
2. An offer, quotation or proposal is based on a specific request from User and only applies to the specifically discussed use of the Software and Services. No rights can be derived from an offer, quotation or proposal for future use or a future agreement.
3. MrWork may assume that the data provided by the User are correct when preparing the quotation.
Conclusion and execution of agreement
1. The Agreement between MrWork and User is established by signing the Order Form. The start date of the Software licence is stated on the Order Form.
2. Requests from User for Support Services or additional Modules will always be confirmed in writing (including by e-mail) by MrWork.
3. Where necessary, User shall, as soon as possible after the conclusion of the Agreement, provide all information required to perform the Services (the Required Information), including but not limited to, the content for Expressions, information and materials necessary for the performance of the Agreement. The Required Information is provided by User, for example in the dashboard of the Software or by email. If User does not provide the Required Information, MrWork may not be able to perform or deliver the Services in accordance with the agreed strategy and budgets. In such case, MrWork may make a modified proposal to ensure the quality of the Services. If User does not agree with the adjusted proposal, MrWork may refuse the Services and terminate the Agreement.
4. If the Services have to be adjusted pursuant to Article 3.3, MrWork may charge the additional costs incurred up to and including the proposal to adjust the Services. MrWork will inform User about this in a timely manner. MrWork may also charge these costs if User does not agree with the proposal to adjust the Services.
Duration and termination
1. The term of the Agreement between MrWork and User shall commence on the date specified on the Order Form and if there is no such commencement date on the Order Form, the term of the Agreement shall be deemed to have commenced on the date on which MrWork has provided User with access to the Software or has commenced the performance of Support Services(Start Date).
2. MrWork and User enter into the Agreement for a fixed term. The Standard Term of the Agreement is three (3) calendar years from the Start Date, unless the Parties agree in writing on a different term. After the end of the Standard Term of the Agreement, the Agreement is tacitly renewed for successive periods of one year(Renewal Term), unless a Party terminates the Agreement by giving written notice to the other Party at least three (3) months before the end of the Standard Term or a Renewal Term.The User cannot terminate the Agreement prematurely, unless this possibility is expressly included in the Agreement and with due observance of the notice period agreed therein, or if the Parties agree on this during the Agreement after mutual consultation (e.g. on account of weighty grounds from the User that cannot be resolved after consultation).
3. Individual Services can only be cancelled during the term of the Agreement if the Parties agree on this after mutual consultation (e.g. based on weighty reasons from the User that cannot be solved after consultation). In that case, cancellation is only possible within the agreed term. Upon timely cancellation of individual Services in accordance with the Agreement, MrWork will refund to User the fee already paid for Services not provided.
4. A Party may suspend the Agreement if it is temporarily unable to perform its obligations due to circumstances (beyond its control or of which it was unaware).
5. Either Party may terminate the Agreement with immediate effect, without any notice being required and without being liable for any damages resulting from the termination, in case the other Party:
  1. has been dissolved or liquidated, or is in a state of dissolution or liquidation;
  2. is granted suspension of payments or is declared bankrupt;
  3. is placed under guardianship or dies; or
  4. can no longer freely dispose of its assets due to other circumstances.
6. The Parties may immediately terminate or dissolve the Agreement, without any notice of default being necessary, if the other Party does not fulfil its obligations under the Agreement, in full or in time. In that case, that Party must pay or indemnify the other Party for damages.
7. Upon termination of the Agreement, MrWork will deny the User access to the Software.
Rates and invoicing
1. MrWork applies the rates as agreed between MrWork and User which are included in the Order Form.
2. Rates are exclusive of any expenses incurred by MrWork and exclusive of VAT and other government levies. Any expenses incurred by MrWork must be approved in writing by User in advance before they can be charged.
3. All costs related to the establishment of the Agreement shall be borne by User.
4. Invoicing takes place per year at the beginning of each contract year and the payment term used for invoices is thirty (30) days after the date, unless otherwise agreed on the Order Form. MrWork may deny the User access to the Software and Services if payment is not made within the payment period.
5. MrWork reserves the right to revise the prices for the Services from time to time (e.g. when new functionalities or features are added to the Software). MrWork will notify the User in advance of any price change including the date on which such price change will take effect. Upon the price change, User has the option to terminate the Agreement by the date on which the new price change will take effect.
6. MrWork reserves the right to index the prices for the Services annually using the service price index (DPI) of the CBS. The termination option in the event of an increase in the prices for the Services from Article 5.5 does not apply in the event of annual indexation of the prices for the Services by MrWork using the service price index (DPI).
Software and Modules
1. MrWork 's Software consists of several Modules:
  1. Brands/Brand Activation: This Module is aimed at strengthening the User's brand, with the aim of having the User generate more awareness as an employer among relevant target groups. The (personal) data processed in the context of this Module are not stored in MrWork's systems, but remain in the User's digital environment. MrWork therefore does not process any personal data for this Module.
  2. Jobs: The purpose of this Module is to reach the right target group for the User's vacancies. The (personal) data processed in the context of this Module are not stored in MrWork's systems, but remain in the User's digital environment. MrWork therefore does not process any personal data for this Module.
  3. Leads/Lead Generation: The purpose of this Module is to generate Leads for the User's vacancies. The (personal) data processed in the context of this Module are stored in MrWork's systems, with MrWork acting as 'processor' within the meaning of privacy legislation (see Art. 8.2).
2. User may purchase the above Modules each separately or in combination. User can add Modules during the Agreement. MrWork will integrate the purchased Modules into the Software environment provided to User.
Supply of Software and (Supporting) Services
1. MrWork will adapt the Software to make it suitable for User. The Software will be electronically accessible to User with effect from the Agreement.
2. The Software is provided by MrWork in accordance with the Service Level Agreement (Appendix B).
3. The Services and Support Services are provided by MrWork in accordance with these Terms and Conditions and any additional agreements between MrWork and User. MrWork provides its Services and Supporting Services to the best of its ability, does not guarantee that the Services and Supporting Services will always meet User's expectations with respect thereto, for example with respect to familiarity or number of Leads.
4. MrWork may change the Support Services and/or the use of the Software at the User's request. When changing the Support Services and/or the use of the Software at the User's request, MrWork may increase or decrease the agreed price. MrWork will, if possible, provide a price quotation thereof. User has the option to accept or refuse the change and price. If User refuses the modification, the use of the Software and the fulfillment of the Support Services will remain the same.
Privacy
1. Depending on the selected Modules, it is possible that MrWork may process personal data on behalf of User in the context of the Services. If this is the case, the Parties will conclude a processor agreement, whereby the User acts as a data controller and MrWork as a processor within the meaning of the AVG. If applicable, this processor agreement is enclosed as Annex C.
Intellectual property
1. "Intellectual Property Rights", are all existing and future, registered and unregistered, intellectual property rights worldwide, including but not limited to: copyrights, patent rights, database rights, trademark rights, design rights, neighbouring rights, trade name rights, trade secrets, rights to know-how, licences, domain names, property rights and processes.
2. Each Party retains ownership of its Intellectual Property Rights developed outside the scope of or prior to the signing of this Agreement.
3. User warrants to be the exclusive owner of all Intellectual Property Rights to all Expressions, materials and other information that User provides or uses/creates within the Software, such as the campaigns, under the Agreement.
4. User grants MrWork a worldwide, transferable, sublicensable, non-exclusive and royalty-free licence to use the materials and Expressions provided by User under the Agreement.
5. MrWork is the exclusive owner of all Intellectual Property Rights to and in respect of the Software (Modules) (including underlying source and object code), the (Supporting) Services developed and/or used in performance of the Agreement. MrWork is also the exclusive owner of all Intellectual Property Rights to and in respect of other information and services offered by MrWork, including, but not limited to: the Website, files and materials.
6. MrWork retains exclusive ownership of and Intellectual Property Rights to all contributions and other modifications and/or additions to the Software (Modules), and (Supporting) Services, including, but not limited to, all extensions, updates, modifications, concepts, creations, developments and improvements. For the avoidance of confusion, any Intellectual Property Rights of User are excluded from this (see also article 9.2-9.3).
7. The User is not allowed to rebuild or reproduce the Software or underlying (source and object) code, whether by reverse engineering or otherwise. If the User needs information to achieve interoperability of the Software with internal software that is not documented, he must request written permission from MrWork. The User is not allowed to remove any indication concerning copyrights, brands, trade names or other Intellectual Property Rights from the Software.
Use of the Software
1. Subject to compliance with these Terms, MrWork grants to User a limited, non-exclusive, non-sublicensable, non-transferable and revocable licence to access and use the Software solely for User's own internal use, and solely in a manner that complies with all legal requirements applicable to the use of the Software, including these Terms. MrWork may revoke this licence at any time, in its sole discretion. User may only allow the Software to be used by persons in line with the Parties' arrangements in this regard.
2. As a condition of use of the Software, without MrWork s express instruction or consent to that effect, User shall not, inter alia, nor shall they, through third parties:
  1. (attempt to) sell, sublicense, distribute, encumber or merge access to (the content of) the Software into or with other software;
  2. (attempt to) gain access to non-public or secure parts of the Software;
  3. send viruses, worms, junk mail, spam, chain letters, unsolicited offers or advertisements of any kind;
  4. examine, scan or test the Software, or breach any security or authentication;
  5. use automated software systems to extract data from the Software
    ('(screen)-scraping');
  6. attempt to reverse engineer, decompile, disassemble or otherwise discover the source code, object code or underlying structure, ideas, know-how or algorithms relating to the Software, documentation or data relating thereto;
  7. use the Software (Modules) in a way - or create content with it - that infringes the rights of third parties, such as Intellectual Property Rights / privacy rights;
  8. create derivative works of any kind;
  9. use the Software for unlawful or illegal purposes;
  10. create or attempt to create competing versions of the Software or any software with features similar to those of the Software; and/or
  11. directly or indirectly attempt to:
    1. copy or republish the Software;
    2. cause damage to or with the Software or otherwise misuse the Software.
3. If User violates any of the provisions of this article, MrWork is entitled to immediately deny User access to the Software and terminate the Agreement with immediate effect without further notice, without prejudice to MrWork 's right to claim damages.
4. MrWork is entitled to apply and incorporate tools in the Software to detect and monitor misuse.
Obligations of the User
1. User shall at all times comply with its obligations as set out in these Terms and Conditions and the Appendices.
2. User is responsible that her use of the (functionalities within the) Software is in accordance with legal obligations and the conditions attached to it by suppliers of MrWork.
3. User is solely responsible for the technical operation and maintenance of its (and its employees') internet connection, internal network, operating systems, devices and all other systems relevant or necessary for uninterrupted use of the Software.
4. User shall only use the Software for the purpose described in the Agreement. If the User wishes to use the Software for any other purpose, the User must obtain prior written consent from MrWork.
5. In case of reasonable suspicion that a User's account of MrWork is being used in violation of any restrictive use provision in these Terms or Appendices, MrWork is entitled to immediately block the account. This does not affect any other rights of MrWork mentioned in these Terms or rights granted by law.
Confidentiality
1. MrWork and User will keep all confidential information they exchange in the context of the Agreement and negotiations confidential towards third parties. Information is considered confidential if this arises from the nature of the information or the information is explicitly designated as confidential by MrWork and/or User(Confidential Information).
2. Confidential Information shall mean at least, but not exclusively:
  1. the contents of this Agreement, the Terms and Conditions and the Annexes;
  2. all financial, commercial and operational information that User or any of its group companies make available to MrWork;
  3. any information which has been designated as confidential by MrWork and/or User or any of its group companies;
  4. information which MrWork can reasonably know to be of a confidential nature.
  MrWork and User shall not use or disclose the confidential information for any other purpose than necessary in the context of the performance of the Agreement.
3. MrWork and User shall not be obliged to pay damages or compensation if they are legally obliged to disclose the Confidential Information and comply with this legal obligation. If a Party is legally obliged to disclose any Confidential Information, such Party shall not disclose more Confidential Information than necessary to comply with the relevant legal obligation.
4. During the term of this Agreement and for a period of 3 years after the Agreement is terminated, MrWork will keep User's Confidential Information confidential and will not share it with third parties without User's prior written consent.
Liability and indemnities
1. The Software is provided 'as is' and on a 'best effort' basis.
2. MrWork shall in no case be liable for:
  - damage caused by MrWork having relied on incorrect or incomplete information or Expressions provided by the User in the performance of the Agreement;
  - any damage caused by the use of the Software by the User, including damage caused by campaigns, materials or other expressions of the User created and/or posted with the Software;
  - damages resulting from hacking, sabotage, or other unauthorised access or use of the Software or user accounts due to the negligence of the User or its employees;
  - MrWork s failure to perform its obligations under these Terms if such failure is due to events beyond MrWork 's control (for example, a network failure or a failure of a supplier of MrWork);
  - any damage or alteration to User's property resulting from the installation or use of the Software; and/or
  - damage caused by improper use of the Software by the User, for example failure to follow MrWork's instructions for use.
3. MrWork shall never be liable for indirect damage suffered by User.
4. MrWork strives to display the Expressions submitted by User on Social Media as accurately as possible. MrWork is not liable for any damage caused by any changes in the Expressions when they are posted.
5. If MrWork is nevertheless liable for any reason, liability is in any case limited to the annual invoice price of the Agreement.
6. If the User acts in breach of any of its obligations under the Agreement, the User shall be liable to MrWork for compensation for damages suffered or to be suffered by MrWork.
7. Only if the User has taken all necessary measures to limit the damage and/or prevent other damage, the User may claim damages under the Agreement. This right lapses if the User has not informed MrWork within 30 calendar days after discovering the damage and sent all relevant information thereon.
8. Nothing in these Terms shall exclude or limit MrWork 's liability where it cannot be excluded or limited under applicable law.
Indemnification
1. To the extent permitted by law, User shall indemnify and hold MrWork harmless from and against any and all liabilities, damages, losses and costs (including settlement costs and reasonable attorney's fees) arising from claims of third parties who suffer damages as a result of performance of the Agreement, unless the cause is attributable to MrWork or is at MrWork 's risk.
2. The User also indemnifies MrWork against all claims of third parties related to (the content of) the data the User collects, disseminates or processes by means of the Software, including all personal data collected and processed within the meaning of the AVG.
3. In the event that third parties sue MrWork, User shall assist MrWork both extra-judicially and judicially and do everything that may be expected of him, unless the cause is attributable to MrWork or is at MrWork 's risk.
Force majeure
1. Parties do not have to fulfil the obligations under the Agreement if there is force majeure. Force majeure occurs when a Party is unable to perform its obligations due to one or more circumstances beyond the Party's control (including but not limited to failures of the internet or any public telecommunications network, hacker attacks, (distributed) denial of service attacks, virus or other malicious software attacks or infections and power outages).
2. The other Party may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than 3 months, the other Party may dissolve Agreement, without the Parties being obliged to pay damages.
3. If MrWork has already fulfilled part of the obligations under the Agreement before the force majeure occurred and this part has independent value, MrWork may send an invoice for the fulfilled part.
Other provisions
1. If MrWork does not enforce (parts of) these Terms, this cannot be considered as consent or waiver of the right to enforce it at a later time or against another User.
2. User cannot assign its rights and obligations under these Terms and the Agreement to third parties.
3. MrWork may assign and/or transfer all rights and obligations in these Terms in the event of a merger, acquisition or sale of assets, by operation of law or otherwise.
4. MrWork has the right to amend these Terms and Conditions during the term of the Agreement to which they apply. MrWork s guiding principle is not to make drastic changes. MrWork will try to make changes only as a result of, among other things, changes in its business operations, working methods or in legislation or regulations. In that case, MrWork will inform User in writing.
5. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of the Terms. The invalid provision shall be deemed to be replaced by a valid and enforceable provision that meets the objectives of the parties as far as possible.
6. These Terms including any attachments and the Order Form constitute the entire agreement between the Parties. Amendments to the Terms and Conditions are valid only if agreed in writing (including by e-mail).
7. If the Parties make changes and/or exceptions to these Terms and/or Agreement by agreement, the Parties shall include these changes and/or exceptions in an annex which forms part of these Terms and Agreement.
Applicable law and competent court
1. The Agreement and the Services shall be governed by and construed in accordance with Dutch law.
2. All disputes arising from or related to the Agreement and/or the Services will be submitted exclusively to the competent court in Rotterdam.
Questions, comments and suggestions
1. MrWork strives to provide Users with optimal service. If you have a question, comment or suggestion, please contact us using the contact details below. You can also use the contact form on our Website. We usually reply to messages within 2 working days.

Questions, comments and suggestions

MrWork B.V.
Las Palmas
Wilhelminakade 320
3072 AR Rotterdam

T: 010 737 15 21
M:mrwork
W:mrwork

Chamber of Commerce number: 57298890
VAT number: NL852521480