In these Terms and Conditions, the following definitions shall apply:
Account: the personal account that the Customer can create via the Platform to use the Services.
Agreement: any agreement between Bluehero and the Customer under which Bluehero provides Services, of which these Terms and Conditions and, if applicable, the Data Processing Agreement form an integral part.
Candidates: natural persons who apply via the Platform in response to a vacancy of the Customer.
Customer: the natural person or legal entity acting in the exercise of a profession or business, with whom Bluehero has entered into an Agreement.
Data Processing Agreement: the agreement entered into between Bluehero and the Customer pursuant to Article 28(3) GDPR and Article 10 of these Terms and Conditions.
Bluehero: Bluehero B.V., established in Voorburg, the Netherlands, registered with the Dutch Chamber of Commerce under number 98006657.
Platform: the online platform of Bluehero, accessible via www.bluehero.io, on which the recruitment and selection process between Candidates and the Customer takes place.
Services: all services provided by Bluehero to the Customer, including but not limited to: (i) access to and use of the Platform, (ii) maintenance of the Platform, (iii) candidate matching and insights, (iv) retention and data reporting.
Intellectual Property Rights: all intellectual property rights and related rights, including but not limited to copyrights, database rights, domain names, trade names, trademarks, design rights, patents, and rights to know-how.
Party/Parties: Bluehero and/or the Customer.
Article 2. Formation and Term of the Agreement
The Agreement is concluded on the date of the Customer’s registration on the Platform or by signing a Service Agreement.
These Terms and Conditions apply to the registration process, the use of the Account, and the use of the Services.
The Customer’s general terms and conditions are expressly excluded.
The Agreement is entered into for a minimum period of three (3) months. Thereafter, the Agreement continues for an indefinite period and may be terminated by the Customer at any time with one (1) month’s notice.
Bluehero may terminate the Agreement with immediate effect if the Customer fails to meet its payment obligations, is declared bankrupt, applies for suspension of payments, or ceases its business activities.
Article 3. Provision of Services
Bluehero shall provide the Services as described in the Agreement and the Platform.
The Customer shall provide all information necessary for proper performance of the Services.
Bluehero may engage third parties in the performance of the Agreement.
Article 4. Responsibilities
Bluehero shall perform the Agreement to the best of its ability and with due care. However, Bluehero has an obligation of best efforts, not an obligation to achieve a specific result.
Bluehero is not liable for the accuracy or completeness of data provided by Candidates.
The Customer indemnifies Bluehero against third-party claims if data or content (e.g., vacancy texts) provided by the Customer infringes third-party rights or violates applicable laws and regulations.
Article 5. Account
The Customer is responsible for maintaining the confidentiality of login credentials.
All activities carried out through the Customer’s Account are deemed to be under the Customer’s responsibility.
Creating an Account does not guarantee the successful placement of Candidates.
Article 6. Use of the Platform
The Customer is prohibited from using the Services in violation of applicable laws, regulations, or these Terms.
If Bluehero suspects misuse, it may take measures, including suspension or termination of access.
The Customer indemnifies Bluehero against third-party claims arising from unlawful use of the Platform.
Article 7. Maintenance and Changes
Bluehero may modify or improve the Platform. If a change significantly limits functionality, Bluehero shall announce this in advance.
Maintenance may result in temporary unavailability. Bluehero aims to perform maintenance outside office hours, but urgent maintenance may be performed at any time.
Article 8. Support
Bluehero provides reasonable support for questions regarding the Services via support@bluehero.io during business days (08:00 – 18:00 CET).
A separate SLA may be agreed upon for an additional fee.
Article 9. Availability
Bluehero strives for maximum availability of the Platform but does not guarantee uninterrupted availability. In the event of (cyber)attacks or disruptions, Bluehero may take measures to limit damage, even if this leads to temporary unavailability.
Article 10. Privacy and Data Processing
If Bluehero processes personal data on behalf of the Customer, the Parties shall enter into a Data Processing Agreement in accordance with the GDPR.
Bluehero acts in accordance with its Privacy Policy and Cookie Policy.
Article 11. Fees and Payment
The Customer shall pay Bluehero a fee consisting of: a. a subscription fee for access to the Platform; and b. additional credits per vacancy, purchased separately.
The applicable rates are set out in Bluehero’s price list or Service Agreement.
Invoices are issued in advance, unless otherwise agreed. The payment term is 30 days.
In case of late payment, the Customer shall be in default by operation of law, and Bluehero may suspend access to the Platform.
All prices are exclusive of VAT and other applicable levies.
Bluehero may adjust its rates annually in line with the CPI index or upon prior written notice.
Article 12. Liability and Force Majeure
Bluehero’s liability is limited to the amount (excluding VAT) paid by the Customer to Bluehero in the six (6) months prior to the event causing the damage.
Bluehero is only liable for direct damages. Indirect damages (such as consequential damages, loss of profit, missed savings, or loss of data) are excluded.
This limitation does not apply in cases of intent or deliberate recklessness by Bluehero’s management, or in the event of death or personal injury.
Bluehero is not liable in cases of force majeure (including but not limited to: power outages, internet or telecom failures, DDoS attacks, hacks, malware, natural disasters, fire, flooding, war, strikes, government measures, and failures of suppliers).
If a force majeure situation lasts longer than 90 days, either Party may terminate the Agreement. Services already delivered shall be settled proportionally.
Article 13. Intellectual Property
All Intellectual Property Rights to the Platform and the Services are owned by Bluehero or its licensors.
The Customer is granted a non-exclusive, non-transferable right of use for the duration of the Agreement.
The Customer is not permitted to remove or circumvent security measures.
Article 14. Amendments to the Terms and Conditions
Bluehero may amend these Terms. Substantial amendments shall be announced at least 30 days in advance. If the Customer does not agree, the Agreement may be terminated prior to the effective date of the amendment.
Article 15. Confidentiality
Both Parties shall treat confidential information as strictly confidential.
Disclosure is only permitted where legally required or by court order.
Article 16. Final Provisions
These Terms are governed exclusively by Dutch law.
Disputes shall be submitted to the competent court in The Hague, the Netherlands.
If any provision is void or unenforceable, the remaining provisions shall remain in full force and effect.
The Customer may not assign the Agreement without Bluehero’s consent. Bluehero may assign the Agreement in the event of, for example, an acquisition of its business activities.
