The terms and conditions consist of a general section and a number of additional modules:
- Module A – Additional Service Level Agreement (SLA) Conditions
- Module B – Additional Conditions for Personal Data (VO)
These terms and conditions contain provisions regarding the use of our software and services, service levels, processing of personal data, and agreements concerning ownership, liability, and termination. The modules contain additional agreements that apply to specific components.
Summary of the General Terms and Conditions of Jobmatix
(Please note: this summary is purely for informational purposes. The full legal text of the General Terms and Conditions is binding.)
Welcome to Jobmatix. We make it easier for you to publish and manage vacancies via our software platform. Below you will find a short and clear summary of the key points of our terms and conditions.
Our services
- Jobmatix provides software and support to make your vacancies visible on various platforms.
- You will get access to your own account. With this, you can manage features, post content, and track performance.
- We can also provide consultancy, such as supporting campaigns.
Privacy and personal data
- We process personal data only on your behalf and in accordance with the GDPR.
- You remain responsible for how application data is used in your systems.
- See also our additional privacy terms (Module B).
Availability and support
- We strive for 99% availability of our software.
- Do you have a problem? Report it via our helpdesk. We respond quickly, depending on how serious the problem is.
- We sometimes carry out maintenance, preferably outside peak hours.
Media budget and costs
- You can transfer a budget to us for job postings. We will then manage it carefully.
- Unused budget remains available (within the term).
- Invoices from media partners always take precedence.
Liability
- We do our best, but cannot give any guarantees regarding the number of applications or quality.
- Our liability is limited to €5,000 per year and applies only in the event of serious errors on our part.
- We are not liable for indirect damages such as lost revenue or loss of reputation.
Termination and exit
- You may terminate the agreement, provided you do so in a timely manner and in writing.
- At the end of the contract, we can provide you with data, provided all invoices have been paid.
- Afterwards, we delete the data, unless it is completely anonymized.
Legal
- Dutch law applies to our agreements.
- Any disputes shall be submitted to the court in Breda.
Questions? We believe it is important that you understand what you are signing. So do not hesitate to contact us if you have any doubts.
Below you will find the legal text of our general terms and conditions;
Article 1 – Definitions
All capitalized terms in these General Terms and Conditions have, whether in the singular or plural, the meaning assigned to them in this article. An overview of all definitions is included at the beginning of this document, including:
“Additional Conditions Personal Data”: the additional conditions included in Module B of these General Terms and Conditions, which relate to the processing of personal data.
“Additional Service Level Conditions”: the additional conditions included in Module A, which relate to the service and maintenance of the Software.
“Account”: the username, password, and any other means of authorization that the Client and/or its End User requires to log in to and use the Software.
“General Terms and Conditions”: these General Terms and Conditions of Jobmatix, including all modules and any appendices.
“Backup”: a backup copy of the Customer Data or the Services that can be restored by Jobmatix in the event of Incidents.
“Availability”: the time period during which the Software can be accessed via the internet during a specific month, expressed as a percentage.
“Consultancy”: any form of providing expertise to the Client by Jobmatix or a third party engaged by Jobmatix, such as website design, marketing support, job descriptions, training, analyses, and software management.
“Services”: all Software and/or Consultancy that Jobmatix provides to the Client under the Agreement.
“End Users”: any natural person who uses the Software under the Agreement, with a personal Account.
“Functionality”: properties or characteristics that enable a specific use or application within the Software.
“Scheduled Maintenance”: regular maintenance work on the Software that is not Emergency Maintenance.
“Impact”: the severity of the consequences of an Incident for the Client.
“Incident”: the substantial failure of the Software to comply with the agreed specifications, including unavailability, other than Maintenance.
“Intellectual Property Rights”: copyrights, database rights, trademark rights, design rights, patent rights, know-how and other rights.
“Client Data”: all data stored by the Client or End Users or made available to Jobmatix within the framework of the Agreement.
“Materials”: websites, (web) applications, software, documentation, concepts, texts, advice, reports and other products of the mind.
“Media budget”: budget that the Client makes available to Jobmatix for posting vacancies via the Software on external channels.
“Maintenance”: all maintenance work by Jobmatix, including Scheduled Maintenance and Emergency Maintenance.
“Client”: the natural or legal person acting in a professional or business capacity who enters into an Agreement with Jobmatix.
“Opening hours”: the usual opening hours of Jobmatix as stated in article A.4.3.
“Resolution time”: the time between reporting an Incident and proposing or implementing a (temporary or permanent) solution.
“Agreement”: the entire agreement between Jobmatix and the Client, including the offer, these General Terms and Conditions, and the selected service(s) / product(s).
“Priority”: the priority assigned to an Incident, based on Impact and Urgency.
“Response time”: the time between reporting an Incident and the first substantive response by Jobmatix.
“Software”: the Jobmatix recruitment marketing platform delivered to the Client.
“Emergency maintenance”: unforeseen maintenance work that requires immediate intervention due to Impact and Urgency.
“Confidential Information”: all information that has been designated as confidential or can reasonably be identified as confidential, such as prices.
Article 2 – Applicability and order of precedence
2.1 These General Terms and Conditions apply to all Agreements concluded between the parties, including any modules and appendices.
2.2 The Agreement between the parties may consist of multiple documents. In the event of conflict, the following order of precedence applies: a. Written additions and/or deviations; b. The accepted quotation or offer; c. These General Terms and Conditions (including modules).
2.3 If provisions from different documents conflict, the higher-ranked document shall prevail.
Article 3 – Formation of the Agreement
3.1 Any offer from Jobmatix is without obligation, unless stated otherwise in writing. Unless otherwise specified, an offer remains valid for thirty (30) days.
3.2 If an acceptance by the Client deviates from the offer, it shall only be deemed accepted if Jobmatix confirms this in writing.
3.3 Jobmatix is entitled to modify or revoke an offer if it appears to be based on incorrect or incomplete information provided by the Client.
Article 4 – Execution of the Agreement
4.1 After the conclusion of the Agreement, Jobmatix will endeavor to deliver the agreed Services as soon as possible.
4.2 Time limits stated by Jobmatix are always indicative, unless expressly agreed as binding.
4.3 Jobmatix has the right to engage third parties in the execution of the Agreement.
4.4 The Client shall ensure the timely, correct, and complete provision of all necessary data and cooperation.
4.5 Jobmatix is entitled to use (trade) names, trademarks or logos of the Client, or any other content provided by the Client, for the performance of the Services, solely to the extent necessary for the performance of the Agreement.
Article 5 – Installation, configuration and settings of Software
5.1 Unless otherwise agreed, Jobmatix will endeavor to make the Software available as soon as possible after the conclusion of the Agreement.
5.2 Jobmatix grants Consultancy for loading, converting, or migrating Customer Data only if explicitly agreed. Unless price agreements have already been made, additional costs may be charged for this.
5.3 Unless requested otherwise, standard links with third parties (such as application buttons or social media) will be activated. If the Client does not wish to use these links, this must be reported in writing in advance. The Client further agrees that Jobmatix, unless indicated otherwise in writing by the Client in advance, may determine at its own discretion which media channels are to be used for the provision of services and the media budget.
5.4 The Client is solely responsible for the accuracy of the settings in the Software. If Jobmatix determines that settings are not optimal, it may make adjustments with subsequent notification. Costs for this may be charged.
Article 6 – Accounts
6.1 Accounts are required to use the Software. The Client is responsible for the management, confidentiality, and verification of login credentials.
6.2 Accounts are personal and may not be shared.
6.3 Jobmatix may assume that actions via an account are performed by or on behalf of the Client, unless stated otherwise in writing.
6.4 In the event of suspected misuse, the Client must take immediate measures and report this to Jobmatix if necessary.
6.5 The Client and End Users are not permitted to use the Account or the Software with the aid of bots, scripts, or automated technologies that do not involve human interaction. Only natural persons may make direct use of the Software, unless expressly agreed otherwise in writing.
6.6 If the Client desires process automation or system integration (such as automatic synchronization, data transfer, or report processing), written permission must be requested from Jobmatix in advance. If possible and desirable, Jobmatix will offer an API connection or other suitable technical solution for this purpose. Use of such connections is permitted only under the conditions set by Jobmatix.
Article 7 – Rules of Use
7.1 The Client and its End Users are prohibited from using the Software in violation of Dutch or other applicable laws and regulations, or in a manner that is otherwise unlawful.
7.2 Without prejudice to the foregoing, the Client and its End Users are expressly prohibited, regardless of whether this is lawful, from storing or distributing data via the Software that: a. contain harmful content (such as viruses, malware, or other harmful software) or refer to it; b. infringe upon the rights of third parties (including Intellectual Property Rights), or that are defamatory, libelous, insulting, discriminatory, or hate-inciting; c. create the impression that the Client is impersonating another (legal) person; d. relate to positions that are not actually vacant or that do not exist; e. constitute a violation of the privacy of third parties, such as the unauthorized distribution of personal data; f. contain hyperlinks or references to materials that infringe upon the rights of third parties; g. contain expressions or references to terrorism or other criminal offenses that are contrary to public order or morality.
7.3 If Jobmatix determines that the Client or its End Users are violating the terms and conditions, or receives a complaint regarding this, Jobmatix may intervene to terminate the violation. This may consist of blocking accounts or content, or restricting access to the Software.
7.4 Without prejudice to the foregoing, the Client and its End Users are expressly prohibited from: a. reverse engineering or decompiling the source code of the Software (unless permitted by law); b. copying the Software to or making it available to third parties (e.g. via sublicense or rental); c. making changes to the Software, unless permitted under mandatory law; d. removing ownership or rights indications of Jobmatix; e. circumventing security measures of the Software.
7.5 Jobmatix may recover from the Client all damages arising from breaches of these rules of conduct by the Client or its End Users. The Client indemnifies Jobmatix against third-party claims arising therefrom.
Article 8 – Media budget
8.1 This provision applies to both Media Budget paid in advance (incidental or periodic) and Media Budget calculated retrospectively that is settled on a post-calculation basis.
8.2 Incidentally deposited budget is valid for a maximum of twelve (12) months, unless extended by an additional deposit of at least €500.
8.3 A refund can be requested within the validity period upon payment of €125 in administrative costs.
8.4 The periodic budget is assessed based on consumption. Unused budget is carried over to the next period.
8.5 The media budget may be deployed via selected media channels. Jobmatix is not liable for the performance of external systems.
8.6 When using campaign limits, under- or overshooting may occur: a. Distinction is retained as a balance. b. Overshooting is settled or invoiced.
8.7 In the event of discrepancies between the dashboard or reports in the Jobmatix Software and the actual invoices from media partners or suppliers, the suppliers’ invoices shall prevail. The Client is obliged to pay these costs, regardless of their presentation in reports. Jobmatix will provide the Client with access to the relevant invoices or source data upon request.
8.8 Jobmatix reserves the right to negotiate purchasing benefits, discounts, or commissions from media partners regarding media budgets. Unless otherwise agreed in writing, these benefits accrue entirely to Jobmatix.
8.9 It is possible for the Client to add its own purchasing contracts with media parties to the Jobmatix Software, in consultation. In that case, the Client is solely responsible for the correct administration, verification, and payment of the associated invoices. In that case, Jobmatix is not responsible for errors, omissions, or overdue payments regarding those contracts.
8.10 For campaigns executed based on the Client’s own purchasing contract, Jobmatix charges a monthly service fee. This service fee is calculated on the media budget processed via the Client’s own contract, and is agreed upon with the Client in advance and recorded in writing.
Article 9 – Service Levels
9.1 Unless otherwise agreed, the provisions regarding Maintenance, support, and Availability of the Software are set out in the Additional Service Level Conditions, included as Module A to these General Terms and Conditions.
Article 10 – Consultancy
10.1 The Client may request Jobmatix to provide additional Consultancy in addition to the delivery of Software. To the extent that no agreements have yet been made regarding this, Jobmatix is not obliged to perform these services.
10.2 If Consultancy is agreed upon, Jobmatix will perform it professionally and with due care.
10.3 In principle, consultancy is performed on the basis of time spent at the agreed or customary hourly rate of Jobmatix. A different rate may apply for work performed outside opening hours.
10.4 Consultancy regarding service levels is deemed to be included in the fee for the Software, unless otherwise agreed.
Article 11 – Intellectual Property Rights
11.1 All Intellectual Property Rights to the Software and other Materials are vested in Jobmatix or its suppliers, unless otherwise agreed in writing.
11.2 The Client obtains exclusively a non-exclusive, non-transferable, and non-sublicensable right of use for the duration of the Agreement, exclusively for internal use.
11.3 The Client may not make changes to the Software or remove rights indications.
11.4 Access to source code is not provided, except for exceptions under mandatory law.
11.5 The Client is not permitted to circumvent or remove security measures in or around the Software.
Article 12 – Customer Data
12.1 The Client hereby grants Jobmatix a non-exclusive right to use anonymized customer data, including but not limited to content, analytical data and cost information, for marketing purposes, data analysis, optimization of its systems or for other purposes at its sole discretion, provided that such use is not traceable to an individual Client or person. This use is limited to the duration of the customer relationship and for a maximum of two (2) years after termination, unless the data is fully aggregated and not traceable.
12.2 If the Customer Data contains personal data, the agreements in Module B (Personal Data) apply.
12.3 Upon termination of the Agreement, Jobmatix will delete or return the Customer Data, subject to the exit provisions.
Article 13 – Exit arrangement
13.1 If the Agreement is terminated, Jobmatix may, at the request of the Client, provide a copy of the Client Data in a common file format. The costs associated with this may be charged separately.
13.2 The Client must submit the request to this effect no later than the end date of the Agreement. Jobmatix is only obliged to cooperate with this if all outstanding obligations have been met.
13.3 After delivery of the copy and confirmation of receipt by the Client, or no later than thirty (30) days after termination of the Agreement if no request has been submitted, Jobmatix is entitled to delete the Client data and environments.
13.4 Jobmatix is not a backup service. It endeavors to store data going back a maximum of one (1) year. The Client acknowledges that recovery options are limited to this period.
13.5 Jobmatix is not obliged to delete anonymized data, as referred to in Article 12.1, after termination of the Agreement, as this cannot be traced back to the Client or individual persons.
Article 14 – Confidentiality
14.1 The Parties shall keep all Confidential Information strictly confidential and use it exclusively for the purposes for which it was provided.
14.2 The receiving party shall exercise at least the same care as with its own confidential information, with a minimum of reasonable care.
14.3 These obligations also apply to employees and engaged third parties.
14.4 The duty of confidentiality does not apply if the information: a. was already lawfully in possession prior to receipt; b. was provided by a third party without violation; c. is publicly available without violation; or d. was independently developed without the use of confidential information.
14.5 If a legal obligation to disclose exists, the disclosing party shall be informed in advance, unless prohibited. In the event of an objection to disclosure, the other party shall refrain from disclosure.
Article 15 – Payment Terms
15.1 The Client owes the prices as agreed in the Agreement. All amounts are exclusive of VAT and levies.
15.2 Jobmatix may invoice in advance. Invoices will be sent digitally with a payment term of fourteen (14) days, unless otherwise agreed.
15.3 Media budget settled on a time-and-materials basis will be invoiced by Jobmatix retrospectively based on invoices received from media partners. The Client acknowledges and accepts that this form of invoicing forms part of the services provided by Jobmatix and refers herein to Article 8 (Media Budget).
15.4 Travel and accommodation expenses for Consultancy will be invoiced separately. In the event of a dispute regarding this, the judgment of Jobmatix shall be decisive.
15.5 In the event of a dispute regarding (part of) the invoice, this must be reported in writing within the payment term. Undisputed amounts remain due.
15.6 In the event of late payment, the Client shall automatically be in default and statutory commercial interest shall be due. Jobmatix may suspend the Services.
15.7 If payment remains outstanding after a reminder, Jobmatix may take collection measures. All costs incurred in doing so shall be borne by the Client.
15.8 Annually as of January, Jobmatix may index the rates based on the CBS Services Price Index. In addition, interim increases may occur in the event of an increase in supplier rates.
15.9 Set-off by the Client is not permitted.
Article 16 – Liability
16.1 The total liability of Jobmatix for any attributable failure, tort or any other legal basis is limited per calendar year to the amount paid by the Client to Jobmatix under the Agreement (excluding VAT) in the twelve (12) months prior to the occurrence of the damage, with a maximum of €5,000 per year, regardless of the number of events to which the liability relates.
16.2 One-off costs (such as implementation and media budgets) are disregarded in the calculation of the aforementioned maximum.
16.3 Jobmatix is not liable for indirect damages, including: consequential damages, lost savings, diminished goodwill, damages due to business interruption, damages resulting from a lack of leads or applications, and reputational damage.
16.4 Jobmatix does not guarantee that the services or campaigns provided by it will yield the desired result. Results such as the number of applications or the quality of responses fall outside its domain of risk.
16.5 Jobmatix’s liability arises solely if the Client has properly given Jobmatix written notice of default, granting a reasonable period to still perform, and Jobmatix continues to be in attributable default even after that period.
16.6 The limitations and exclusions of liability included in the Agreement shall cease to apply if and to the extent that the damage is the result of intent or willful recklessness on the part of the management of Jobmatix, or in the event of death or bodily injury.
Article 17 – Force Majeure
17.1 Jobmatix is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure.
17.2 Force majeure includes, but is not limited to: failures in the telecommunications infrastructure, network attacks (such as DoS/DDoS), power outages, domestic unrest, mobilization, war, government measures, strikes, fire, floods, and negligence on the part of suppliers or other engaged third parties.
17.3 If the force majeure situation continues for more than three (3) months, both parties have the right to terminate the Agreement in writing, without any obligation to pay compensation.
17.4 If Jobmatix has already partially fulfilled its obligations upon the occurrence of force majeure, it is entitled to invoice this separately.
Article 18 – Duration and termination
18.1 In the case of a one-off assignment, the Agreement terminates automatically upon completion of the assignment.
18.2 Long-term agreements have a standard duration of twelve (12) months, unless otherwise agreed.
18.3 Unless otherwise agreed in writing, a continuous agreement will be tacitly renewed for periods of twelve (12) months, unless terminated in writing at least three (3) months before the end.
18.4 After the initial term, a continuous agreement for an indefinite period may be terminated by either party with a notice period of two (2) months.
18.5 Early termination is only possible in cases where this is expressly permitted in these General Terms and Conditions or arises from the law.
18.6 Jobmatix has the right to suspend or terminate the Agreement with immediate effect if: a. The Client materially fails to fulfill its obligations and offers no remedy after notice of default; b. The Client is declared bankrupt, applies for a moratorium on payments, or ceases business activities; c. Circumstances arise that render performance impossible or continuation unreasonably burdensome.
18.7 Termination of the Agreement shall not affect the Client’s existing payment obligations. All claims of Jobmatix outstanding at the time of termination shall remain fully due and payable.
Article 19 – Personnel and competition
19.1 The Client is not permitted to employ employees of Jobmatix or otherwise have them work for it directly or indirectly during the term of the Agreement and for twelve (12) months thereafter, unless Jobmatix has given written permission for this.
19.2 The term employees also includes persons who were employed by Jobmatix or an affiliated company less than one year ago.
19.3 In the event of a violation of the prohibition in paragraph 1, the Client shall owe a penalty of €25,000 per violation, immediately due and payable, and €1,000 for each day that the violation continues.
19.4 This penalty does not affect Jobmatix’s right to additional compensation.
Article 20 – Amendments
20.1 Jobmatix has the right to amend these General Terms and Conditions. Amendments will be announced in writing at least thirty (30) days before they take effect.
20.2 If the Client does not agree to a change, he may object within fourteen (14) days after notification. If the objection is rejected, the Client may terminate the Agreement up to the effective date of the change.
20.3 Amendments of minor importance or those to the benefit of the Client may be implemented immediately without an objection procedure.
Article 21 – Additional and service-specific conditions
21.1 With certain suppliers, it is possible to use the “easy apply” service, whereby applications take place directly via the platform of the relevant supplier. If the Client wishes to make use of this functionality, Jobmatix will, in consultation, establish a connection between the Jobmatix platform and the ATS or CRM system used by the Client. In connection with this service, Jobmatix temporarily stores application data (for a maximum of seven days) in order to have the opportunity to correctly forward the application to the Client’s system in the event of any error messages or failed transfers.
21.2 The Client undertakes to cooperate in the technical and functional setup of this connection, including the provision of required data or access information. The Client hereby expressly grants permission to Jobmatix to process personal data of applicants in this context and to forward it directly to the Client’s system.
21.3 The further processing of this application data lies entirely under the responsibility of the Client as the Data Controller within the meaning of the GDPR. In these cases, Jobmatix is solely responsible for the correct transfer and is not liable for the processing, storage, or further processing of the personal data within the Client’s systems.
21.4 Jobmatix collaborates with suppliers and media partners to structure campaigns as effectively as possible. In this context, certain suppliers may require access to conversion data or other information regarding the performance of advertisements (also referred to as “dispositioning data”). Jobmatix is entitled to provide such information, unless the Client indicates in writing in advance that it does not wish this. In that case, Jobmatix will endeavor to adjust the campaign execution in consultation with the relevant supplier.
21.5 In addition, Jobmatix offers selected suppliers access to reports or dashboards containing campaign data, including data providing insight into performance per channel, conversions, and audience interaction. This data is not anonymized and may be traceable to the specific campaign or client. Access is granted solely to the extent that it benefits the service provided to the Client and is limited to functional purposes such as optimization, monitoring, and quality improvement of the delivered traffic.
21.6 Upon the introduction or modification of specific Services, modules, or Functionalities of the platform, Jobmatix may impose additional or deviating conditions. These conditions shall be provided or made available separately to the Client prior to the use of the relevant Service or Functionality.
21.7 The supplementary conditions form part of the Agreement after publication and/or acceptance by the Client.
21.8 In the event of a conflict between these General Terms and Conditions and the supplementary terms and conditions, the provisions of the supplementary terms and conditions shall prevail exclusively insofar as they relate to the relevant Service or Functionality.
21.9 If the Client gains direct access to third-party systems (such as media partners or suppliers) and independently makes changes or places orders thereon without the knowledge and approval of Jobmatix, the Client is fully responsible and liable for the consequences thereof. This also applies to errors or disruptions resulting from this in reports, performance, or software connections.
21.10 The Client is not permitted to independently order products or services from suppliers or media parties under the Jobmatix contract without the prior written consent of Jobmatix. Only orders placed via Jobmatix and confirmed by Jobmatix fall under the responsibility of Jobmatix.
21.11 All costs and damages arising from unauthorized orders or direct actions of the Client with suppliers, including any additional costs or claims from the relevant party, shall be fully passed on to the Client, increased by a service fee as further determined by Jobmatix. Between these General Terms and Conditions and the supplementary terms and conditions, the provisions of the supplementary terms and conditions shall prevail solely insofar as they relate to the relevant Service or Functionality.
Article 22 – Applicable law and competent court
22.1 These General Terms and Conditions are governed exclusively by Dutch law.
22.2 Disputes between the parties arising from or related to the Agreement shall be submitted exclusively to the competent court in the district where Jobmatix is incorporated.
Module A – Additional Service Level Agreement (SLA) Conditions
This module contains additional provisions regarding the availability, maintenance, and support of Jobmatix Software.
Article A.1 – Maintenance and availability
A.1.1 Jobmatix shall endeavor to maintain the Software and Services during the term of the Agreement. In doing so, the Software will be continuously further developed, existing Functionalities will be improved, modified, or replaced, and new Functionalities may be added.
A.1.2 Maintenance work may temporarily affect Availability. Scheduled maintenance will be carried out outside peak hours as much as possible. If this involves (major) maintenance resulting in the Service being temporarily reduced or unavailable, Jobmatix will notify the Client of this in a timely manner.
A.1.3 Emergency maintenance may be performed without prior consent. Jobmatix will inform the Client as soon as possible of the nature and duration.
A.1.4 For regular updates or maintenance that do not affect the Availability of the Service, Jobmatix is not obliged to inform the Client in advance.
Article A.2 – Availability
A.2.1 Jobmatix aims for an annual Availability of at least 99%.
A.2.2 Availability is calculated as follows:
- Tm = total number of minutes per year
- Om = number of minutes of unavailability
- Availability B = ((Tm - Om) / Tm) × 100%
A.2.3 Unavailability due to force majeure does not count towards this calculation.
Article A.3 – Backups
A.3.1 Jobmatix makes regular backups to be able to restore Customer Data or Services in the event of Incidents.
A.3.2 Jobmatix is not a backup service. Restoring backups occurs only in exceptional cases and may incur costs.
A.3.3 Recovery may result in the loss of data entered since the last backup.
Article A.4 – Helpdesk
A.4.1 The Client designates a maximum of two key users for communication with Jobmatix.
A.4.2 Only these key users may report questions, change requests, and incidents.
A.4.3 The helpdesk is available on working days from 09:00 to 17:00 (Dutch time), with the exception of public holidays. The helpdesk can be reached via a ticketing system accessible via the website or by email at support@jobmatix.com. Jobmatix aims to respond substantively within 24 hours of receiving the inquiry, counting exclusively the time spent within the stated opening hours.
Article A.5 – Amendment requests
A.5.1 The Client may submit change requests to the helpdesk.
A.5.2 Jobmatix will assess within five (5) working days whether a change is feasible and will inform the Client.
A.5.3 Jobmatix may charge costs for the execution of change requests. However, Jobmatix is never obliged to honor or execute change requests from the Client.
Article A.6 – Incidents and priority
A.6.1 In the event of an Incident, the Client reports this via the Jobmatix ticketing system.
A.6.2 The Client provides all necessary information and access to investigate the report.
A.6.3 Jobmatix determines the Priority based on Impact and Urgency according to the matrix below:
Impact categories:
- High (H): A large group of End Users cannot use the Software; financial damage exceeding six months of license fees; high risk of reputational damage.
- Medium (M): A limited group of End Users is affected; financial damage between two and six months of license fees; plausible reputational damage.
- Low (L): Only a small number of End Users or processes are affected; limited financial damage; low risk of reputational damage.
Urgency categories:
- High (H): Damage is increasing rapidly; the process is time-critical; prompt intervention prevents further escalation.
- Medium (M): Damage increases noticeably over time; processes can be postponed to a limited extent.
- Low (L): Damage hardly increases; processes are not time-bound.
| Impact ↓ / Urgency → | High (H) | Medium (M) | Low (L) |
|---|---|---|---|
| High (H) | 1 | 2 | 3 |
| Medium (M) | 2 | 3 | 4 |
| Low (L) | 3 | 4 | 4 |
| Priority | Response time | Solution time |
|---|---|---|
| 1 (Critical) | < 1 hour | within 4-8 hours |
| 2 (High) | < 2 hours | within 8-24 hours |
| 3 (Average) | < 4 hours | within 2-3 working days |
| 4 (Low) | < 8 hours | within 5 working days |
A.6.4 If the Client disagrees with the prioritization, escalation to management may take place.
A.6.5 Jobmatix applies Response Times and Resolution Times during opening hours per priority. These are recorded in a separate appendix or SLA.
A.6.6 During handling, the Client will be regularly informed of the progress and expected resolution time.
Module B – Additional Conditions for Personal Data (VO)
This module functions as a data processing agreement and contains provisions regarding the processing of personal data by Jobmatix on behalf of the Client.
Article B.1 – Roles and responsibilities
B.1.1 To the extent that Jobmatix processes personal data on behalf of the Client in the performance of the Agreement, Jobmatix shall be considered the Processor and the Client the Controller within the meaning of the General Data Protection Regulation (GDPR).
B.1.2 This Module B serves as a Data Processing Agreement within the meaning of Article 28 of the GDPR and applies by operation of law as soon as Jobmatix acts as Processor under the Agreement. Consequently, it is not required for the parties to sign a separate Data Processing Agreement for this purpose. If the Client nevertheless wishes a separate Data Processing Agreement, Jobmatix will cooperate in this, provided that it is substantively equivalent to this Module B. The parties shall record their mutual obligations in a separate Data Processing Agreement. In the event of a conflict, the Data Processing Agreement shall prevail over these General Terms and Conditions.
Article B.2 – Processing purposes
B.2.1 Jobmatix processes personal data exclusively for the performance of the Agreement, and in accordance with the written instructions of the Client, unless a statutory provision obliges Jobmatix to act otherwise.
B.2.2 Jobmatix will inform the Client in advance if, in its opinion, an instruction is in conflict with the GDPR or other applicable legislation.
Article B.3 – Sub-processors and transfer
B.3.1 Jobmatix may use sub-processors provided that it enters into written agreements with these sub-processors that offer at least the same level of protection as between the parties.
B.3.2 An up-to-date list of sub-processors is maintained and published on jobmatix.com/subverwerkers.
B.3.3 If personal data is processed outside the European Economic Area (EEA), Jobmatix guarantees that appropriate safeguards have been put in place as required under the GDPR.
Article B.4 – Rights of data subjects
B.4.1 Requests from data subjects (such as access, correction, or deletion) are facilitated by Jobmatix as much as possible but remain the responsibility of the Client.
B.4.2 If a request is received directly by Jobmatix, it shall inform the Client without undue delay.
Article B.5 – Security and incident reporting
B.5.1 Jobmatix takes appropriate technical and organizational measures to protect personal data against loss or unlawful processing.
B.5.2 In the event of a data breach, Jobmatix shall report this to the Client without delay, together with the relevant information for reporting to the supervisory authority and/or the data subject.
Article B.6 – Audits and control
B.6.1 The Client may submit an audit request to Jobmatix regarding compliance with agreements on data processing only in the event of a compelling and substantiated reason. Such a request must be substantiated and will only be processed after prior consultation. Jobmatix will independently assess whether the request is justified and whether an audit is applicable. An audit may only take place after written approval from Jobmatix.
B.6.2 The audit will be announced in writing at least four (4) weeks in advance and carried out in consultation, with as little disruption to the work as possible.
B.6.3 Any costs for audits shall be borne by the Client, unless the audit reveals that Jobmatix has substantially fallen short.
Article B.7 – Removal or return
B.7.1 Upon termination of the Agreement, Jobmatix shall, at the request of the Client, return or destroy all personal data, unless legally required to retain it.
B.7.2 Anonymized data that cannot be traced back to an individual or organization are excluded from this.