Revision: 2026.07.15.01
1.1 "Magnet.me" means Magnet.me NL B.V.
1.2 "Client" means the legal entity or natural person(s) not acting as a consumer who concludes an Agreement with Magnet.me.
1.3 "Services" means the services provided by Magnet.me to the Client on the basis of the Agreement, including making available the Platform to the Client and its Users and any services specified in the Order Summary.
1.4 "Platform" means Magnet.me’s website, applications and related services which bring together Clients with vacancies and Members who are looking for vacancies or career opportunities.
1.5 "Agreement" means the agreement between Client and Magnet.me, including without limitation the Order Summary, the Data Processing Agreement and these Client TOS.
1.6 "Order Summary" means Magnet.me’s commercial order, order form or quotation which describes the Services, Fees, Term and any agreed deviations from these Client TOS.
1.7 "Data Processing Agreement" or "DPA" means the data processing agreement between Client and Magnet.me which sets out the parties’ rights and obligations where Magnet.me processes Personal Data as processor on behalf of Client.
1.8 "Member" means a natural person who creates or activates an account on the Platform for the purpose of exploring career opportunities, applying for vacancies or engaging with the Client’s Content.
1.9 "User" means a natural person who uses the Services under Client’s authority.
1.10 "Account" means a User’s account on the Platform.
1.11 "Fees" means the fees payable by Client under the Agreement.
1.12 "Term" means the term of the Agreement.
1.13 "Content" means content added by Users to the Services, such as job vacancies, Client profile information, messages, texts, images, videos, office photos, testimonials or other content published or transmitted by or on behalf of Client via or to the Platform.
1.14 "Client Data" means data provided to Magnet.me by or on behalf of Client or created by Users in connection with the use of the Services, including Content and Personal Data processed by Magnet.me as processor on behalf of Client.
1.15 "Company Connect Data" means Personal Data retrieved from or made available through Client’s applicant tracking system or other Client-approved source for the purpose of enabling the Company Connect Service, including inviting individuals to join Client’s talent community, sending related communications on behalf of Client, preparing a draft or pre-filled Magnet.me account or profile flow, reducing onboarding friction and enabling Client to build, maintain and engage its talent community.
1.16 "Magnet.me Data" means data, statistics, insights, analytics, signals, logs and information generated by or relating to the operation, performance, security, use, improvement or development of the Platform or Services, excluding Client Data. Magnet.me Data includes technical and operational data, security logs, usage analytics, aggregated, anonymised or de-identified insights, and personal data for which Magnet.me acts as independent controller, including Member data processed for Member platform functionality, matching, recommendations, analytics, Platform security, compliance and service improvement as described in Magnet.me’s Privacy Policy. Client Data does not become Magnet.me Data merely because it is hosted, processed or transmitted through the Services.
1.17 "Disposition Data" means limited technical, interaction, performance and status-related signals generated through Client’s use of the Services or through an applicant tracking system integration enabled by Client, such as application identifiers, vacancy identifiers, source or channel, application status or stage, status-change timestamps, message delivery or response indicators, campaign performance signals and hire/no-hire outcomes. Disposition Data excludes Content, CVs or resumes, application documents, messages, recruiter notes, interview feedback, assessments, free-text rejection reasons or comments, salary information, demographic data, special categories of personal data and other free-text fields, unless expressly agreed in an Order Summary or processed as Company Connect Data solely for the Company Connect Service on behalf of Client.
1.18 "Confidential Information" means any non-public information disclosed by one party to the other in connection with the Agreement which is marked as confidential or is of such nature that the receiving party should reasonably understand it is confidential.
1.19 "Data Protection Laws" means applicable laws and regulations relating to privacy and the protection of personal data, including the GDPR where applicable.
1.20 “Company Connect Service” means the Service offered by Magnet.me which enables Client to build, maintain and engage a talent community.
1.21 “ATS” means applicant tracking system.
2.1 These Client TOS govern and form an integral part of the Agreement, including any follow-up agreement. Client’s terms and conditions do not apply unless Magnet.me explicitly accepts them in writing.
2.2 These Client TOS also apply to Users’ use of the Services. Client is responsible for all actions of its Users and for ensuring that Users comply with the Agreement.
2.3 Unless expressly agreed otherwise, the Agreement consists, in descending order of precedence, of: (a) the Order Summary; (b) the Data Processing Agreement; and (c) these Client TOS.
2.4 All offers are non-binding unless indicated otherwise. Deviations from Magnet.me’s offers or these Client TOS are binding only if confirmed by Magnet.me authorised personnel in writing.
2.5 Client warrants that all information provided to Magnet.me in relation to the Agreement is correct, complete and up to date and shall provide the cooperation and information reasonably required for Magnet.me to perform the Agreement.
3.1 As of the effective date of the Agreement, Client is granted the right to use the Services, including the right to have Users use the Platform, through a remote internet connection during the Term and subject to the conditions of the Agreement, including payment of the Fees where applicable. This right is non-exclusive, non-transferable, non-sublicensable, non-shareable, limited, conditional and revocable and may not be encumbered in any way. This clause has property law effect.
3.2 Client’s group companies may use the Services only if this is agreed in the Order Summary. In that case Client remains responsible for their compliance with the Agreement and indemnifies Magnet.me from claims of such group companies related to the Services.
3.3 Client may use the Services solely for legitimate recruitment and employer branding purposes and only for its own business activities.
3.4 Each party is responsible for compliance with applicable laws and regulations within its own sphere of control. Magnet.me is responsible for its own controller processing as described in the Magnet.me Privacy Policy and for its obligations as processor under the DPA where it processes Personal Data on behalf of Client. Client is responsible for its own controller processing as described in the DPA, the lawfulness of its use of the Services, the Content, its recruitment, talent community, assessment, selection and hiring activities, and the personal data, instructions and materials it provides or makes available to Magnet.me.
3.5 Magnet.me provides the Services as a platform and tool to support Client’s recruitment and employer branding activities. Magnet.me does not act as a recruitment agency, employment agency, hiring bureau, agent or representative of Client or any Member. Magnet.me does not make, approve or determine hiring decisions and does not exercise control over Client’s assessment, selection, rejection or hiring of Members. Unless expressly agreed otherwise in an Order Summary, Magnet.me does not verify, evaluate or screen Members or information uploaded or provided by Members.
3.6 Any matching, recommendation, sourcing, analytics, AI-supported or similar functionality made available through the Services is indicative, non-binding and intended to support Client’s own assessment only. Magnet.me does not guarantee any specific hiring outcomes, matches, response rates, candidate suitability, conversion rates or recruitment results. Client remains solely responsible for its Content, vacancy texts, selection criteria, candidate communications, assessment of Members, recruitment and hiring processes and decisions, employment practices and compliance with applicable employment, anti-discrimination, data protection and other laws.
3.7 Magnet.me may use matching, recommendation, analytics, profiling, AI-supported and similar functionality to operate, secure, improve and personalise the Services, including to improve the relevance of vacancies, Members, employer content, recruiter workflows and platform interactions. Magnet.me maintains an internal AI governance approach. Upon reasonable request, Magnet.me may provide Client with its then-current AI governance statement or a summary thereof, subject to confidentiality, security, legal and commercial sensitivity limitations. The AI governance statement is provided for transparency and assessment purposes only and does not constitute a certification, conformity assessment, service level, warranty or guarantee regarding any AI-supported output.
3.8 Client shall not use automated (including AI-supported) outputs, matching results, recommendations or analytics generated through the Services as the sole basis for a decision that produces legal or similarly significant effects for a Member or other individual. Magnet.me does not intentionally use special categories of personal data as criteria for matching, recommendation or AI-supported functionality, unless expressly agreed and legally permitted..
3.9 Where Magnet.me introduces functionality that is specifically intended to analyse, filter, rank, shortlist or evaluate candidates for recruitment or hiring decisions in a manner that materially changes the risk profile of the Services, Magnet.me may make such functionality subject to additional product terms, instructions of use, an AI addendum or specific terms in the Order Summary.
3.10 Magnet.me may modify, update or maintain the Services from time to time, including to improve functionality, security, reliability or performance, to address vulnerabilities, to comply with applicable laws or to reflect changes in third-party systems or integrations. Magnet.me will ensure that such changes do not materially reduce the core functionality of the paid Services during the applicable Term.
3.11 Magnet.me monitors the availability and performance of the Services and uses commercially reasonable efforts to maintain a high level of availability, security, continuity and proper functioning of the Services. The Services may be temporarily unavailable due to scheduled maintenance, emergency maintenance, security measures, updates, failures of third-party services or integrations, internet or hosting disruptions, force majeure, misuse or circumstances outside Magnet.me’s reasonable control. Magnet.me does not guarantee that the Services will be available uninterrupted, error-free or free from vulnerabilities, or that the Services will meet all of Client’s requirements.
3.12 Magnet.me may access Client Data, Accounts and Content to the extent reasonably necessary to provide, maintain, support, troubleshoot, secure, review and improve Client’s use of the Services. This includes access for customer success, account management, campaign and vacancy performance support, reviewing whether vacancies, promoted jobs, messages, targeting, settings or other Client configurations are correctly or effectively used, and helping Client improve the results it obtains from the Services. Magnet.me applies appropriate access controls and, where appropriate, maintains internal records of such access.
3.13 Magnet.me may also access Client Data, Accounts and Content where reasonably necessary to investigate suspected misuse or non-compliance, comply with applicable law or legal requests, enforce the Agreement, moderate Content, prevent fraud or abuse, or protect the integrity, security and lawful operation of the Platform. Such access is limited to authorised personnel or authorised service providers subject to appropriate confidentiality obligations and technical and organisational safeguards.
3.14 The Platform can be used with the most commonly used internet browsers and operating systems. Magnet.me may set reasonable technical and operational requirements for the use of the Services. Client must arrange for the internet connection, communication means, devices and software used to access and use the Services and is responsible for their security.
4.1 Client remains responsible for the security and proper use of its Accounts, Users, access rights, devices, networks, credentials and systems used to access the Services. Magnet.me remains responsible for implementing and maintaining the technical and organisational measures applicable to the Platform and to Magnet.me’s own systems and personnel.
4.2 Users must use personal Accounts and may not share access credentials. Client shall ensure that Users use strong passwords, keep credentials confidential, use multi-factor authentication where made available by Magnet.me, and promptly revoke access when Users no longer require access or are no longer authorised.
4.3 Client shall promptly notify Magnet.me of any actual or suspected unauthorised access to or misuse of an Account and shall take reasonable steps to prevent or limit further unauthorised access. Client is responsible for all activities performed through its Accounts, except to the extent caused by Magnet.me’s breach of the Agreement or DPA.
4.4 Magnet.me may suspend or restrict access to an Account where reasonably necessary to protect the security, integrity or lawful operation of the Platform, prevent misuse, comply with law or mitigate an actual or suspected security incident.
5.1 Client is solely responsible for all Content and warrants that Content is true, complete, accurate, lawful, not misleading, professional, does not unlawfully discriminate, does not infringe third-party rights and is not otherwise in violation of law or the Agreement.
5.2 Client shall ensure that all use of the Services complies with applicable laws and regulations, including employment, anti-discrimination, electronic communications and data protection laws, and with the Agreement.
5.3 The Services may not be used in a manner that damages the Services or others, transmits or stores harmful code, sends spam, performs hacking or DDoS attacks, distributes illegal or inappropriate Content, offers products or services through the Services, unless expressly permitted by Magnet.me, causes reputational damage to Magnet.me, or would require Magnet.me, Client or another party to obtain an export licence.
5.4 The Services may include features that allow Users to send messages to Members or contact Members via profiles or sourcing tools. Client remains fully responsible for the content and legality of such messages, shall ensure transparency and compliance with applicable laws and regulations, and shall not send unsolicited commercial messages through the Services. Magnet.me acts as processor where it prepares, facilitates or sends such messages on behalf of Client, including where it identifies recipient Members within Client’s documented instructions and selection criteria, as set out in the DPA.
6.1 Magnet.me does not pre-screen Client Content and acts as a neutral platform. Magnet.me may however apply automated or non-automated moderation to Content. Magnet.me reserves the right to review or investigate Client Content, Accounts and relevant use of the Services where reasonably necessary to verify compliance with the Agreement, investigate suspected misuse, respond to legal or third-party requests, or protect the integrity, security or lawful operation of the Platform.
6.2 Magnet.me reserves the right to remove, restrict or amend Content or disable access to Content, restrict or disable access to the Platform, or suspend the Services in whole or in part in case of violation of the Agreement, including payment obligations, or where required by law, court order, third-party request or to protect the integrity, security or lawful operation of the Platform. In doing so it will take into account all relevant circumstances. Magnet.me may in such cases also be compelled to share personal data of Users with relevant third parties. Magnet.me may, and where required by law will, give Client and/or the relevant User or Member advance warning of the action it intends to take, where appropriate and legally permitted.
6.3 If Magnet.me takes any action under this Article, this does not relieve Client of its payment obligations.
7.1 As between the parties, Client retains all rights, title and interest in and to Client Data. Magnet.me does not claim ownership of Client Data. Client grants Magnet.me a limited right to access, use, host, copy, process, transmit and display Client Data to the extent reasonably necessary to provide, maintain, support, secure, troubleshoot, analyse and improve Client’s use of the Services, perform customer success and account management activities, comply with applicable law, enforce the Agreement and protect the integrity, security and lawful operation of the Platform.
7.2 Client is not allowed to ‘scrape’ data from the public part of the Platform, such as job opening texts and related pictures, except where permitted by mandatory law.
7.3 Client is responsible for complying with applicable Data Protection Laws in relation to personal data for which Client acts as controller and in relation to the Personal Data, instructions and materials it provides or makes available to Magnet.me. Client shall ensure that it is entitled to provide such Personal Data and instructions to Magnet.me for the purposes of the Services enabled or requested by Client.
7.4 Where a notification or communication to Data Subjects, regulators or other third parties identifies or refers to Magnet.me, Client shall, where reasonably practicable and legally permitted, inform Magnet.me in advance and take Magnet.me’s reasonable comments into account. This shall not prevent or delay Client from complying with its obligations under applicable law and shall not affect the parties’ respective roles under Data Protection Laws.
7.5 Magnet.me may generate and use Magnet.me Data for lawful business purposes, including operating, securing, analysing, maintaining, supporting, improving and developing the Platform and Services, producing aggregated insights and benchmarks, monitoring performance, preventing misuse, and improving matching, recommendations and user experience.
7.6 Magnet.me shall not use Client Data, Employer personal data or ATS data for cross-client matching, general model improvement or unrelated product improvement, except as expressly permitted under the Agreement, the DPA, or the specific provisions on Disposition Data. Magnet.me shall not disclose Client-identifiable or individual-identifiable analytics or insights to other clients, except where required to provide the Services, where required by law or where expressly agreed with Client.
7.7 Any draft or pre-filled candidate or Member account or profile will not be made visible to other clients and will not be included in general Member search, matching or recommendation functionality unless and until the individual activates or creates a Magnet.me account and the relevant visibility settings or user actions allow such visibility. Once the individual activates or creates a Magnet.me account, Magnet.me acts as sole independent controller for the Member account, profile, Platform usage, matching, recommendations, analytics, security and service improvement in accordance with Magnet.me’s Privacy Policy and Member Terms of Service. Client is not controller for the Member account or Magnet.me’s Platform processing as such, but remains responsible as controller for its own processing activities including processing of Members’ personal data in the Accounts, separate recruitment, talent community, assessment, selection and hiring activities.
7.8 Disposition Data may be processed in different roles depending on the purpose of processing. Magnet.me processes Disposition Data as processor on behalf of Client as set out in the DPA. Separately, Magnet.me may process limited Disposition Data as independent controller where it uses such data for Magnet.me’s own product analytics, matching improvement, recommendation improvement, fraud and abuse prevention, security and service improvement purposes, subject to the safeguards and opt-out described in Article 7.9 and 7.10 and the Magnet.me Privacy Policy.
7.9 Magnet.me shall apply appropriate safeguards to the use of Disposition Data, including data minimisation, access controls and, where reasonably possible for the relevant purpose, pseudonymisation, aggregation or de-identification. Magnet.me shall not disclose Client-identifiable or candidate-identifiable Disposition Data to other clients.
7.10 Client may opt out of Magnet.me’s use of new Client-identifiable or candidate-identifiable Disposition Data for Magnet.me’s own product analytics, matching improvement and recommendation improvement purposes by using the relevant Platform setting, where available, or by contacting Magnet.me. Magnet.me shall implement the opt-out within a reasonable period. The opt-out does not affect processing necessary to provide, operate, secure, support or troubleshoot the Services, perform customer success activities for Client, comply with legal obligations, prevent fraud or misuse, resolve disputes, process Company Connect Data as processor on behalf of Client, or process personal data for which Magnet.me acts as independent controller. The opt-out does not require Magnet.me to delete or unwind aggregated, anonymised or de-identified data, statistics, insights or analytics created before the opt-out was implemented, provided that such data no longer identifies Client, Users, Members or other individuals.
7.11 The parties’ roles in relation to personal data are further described in the DPA and the Magnet.me Privacy Policy. Magnet.me acts as sole independent controller for personal data processed for the purposes described in the Magnet.me Privacy Policy. Magnet.me acts as processor only where it processes Client Data, Company Connect Data or other personal data on behalf of Client for the processing activities described in the DPA.
7.12 If either party receives a data subject request that clearly relates to the other party’s controller processing, it shall forward the request to the other party without undue delay.
8.1 Client shall pay the Fees in accordance with the Agreement. Unless otherwise agreed, invoices are payable within 30 days from the invoice date. Fees are non-refundable except as expressly stated in the Agreement.
8.2 Fees are exclusive of VAT and any other applicable taxes, duties or levies. Client is responsible for taxes and government levies related to use of the Services and to hiring Members.
8.3 Any complaints about an invoice must be made within 14 days after the invoice date, failing which the invoice is deemed accepted. If an invoice was incorrect, Magnet.me will issue a corrected invoice with a new payment term.
8.4 If Client fails to pay an invoice by the due date, Magnet.me may, after written notice granting a reasonable payment term of at least five working days, charge statutory commercial interest, recover reasonable collection and enforcement costs, and suspend access to the Services in whole or in part until payment is received.
8.5 Suspension of the Services shall not relieve the Client of its obligation to pay outstanding Fees.
8.6 The Client is not entitled to set off any amounts owed to Magnet.me against any claims it may have against Magnet.me or make any reductions on the invoice amounts.
8.7 Any failure by Magnet.me to enforce payment rights shall not constitute a waiver of those rights.
8.8 If Magnet.me suspects payment difficulties on the Client’s part, Magnet.me may ask Client for evidence of creditworthiness or security for payment before continuing performance.
9.1 If Client pays for the Services, the Agreement has the Term set out in the Order Summary and, absent such term, a term of one year. Unless otherwise agreed, the Agreement automatically renews for the same duration as the initial Term if not terminated in writing before the renewal date, observing a 60-day notice period.
9.2 During the initial Term, Magnet.me shall not implement price changes without Client’s written consent. Upon renewal, any discounts applicable during the initial Term expire and Fees may be adjusted to Magnet.me’s then-current rates unless otherwise agreed.
9.3 If Client uses a free version of (part of) the Services, the Agreement has an indefinite Term and Client can terminate such an Agreement at any time by removing its Account. Magnet.me may terminate this type of Agreement, taking into account a one month’s notice.
9.4 Magnet.me may terminate the Agreement with immediate effect if Client requests a moratorium of payment, its bankruptcy is requested, it becomes insolvent, ceases business, or if Client breaches the Agreement and fails to remedy the breach within a reasonable period after written notice if the breach can be remedied.
9.5 Client may terminate the Agreement by written notice with immediate effect if Magnet.me is in breach of the Agreement and fails to remedy such breach within a reasonable period of at least ten (10) working days after written notice describing the breach in sufficient detail.
9.6 Except as expressly stated in the Agreement or required by mandatory law, termination for convenience is excluded. If Client has a right under mandatory law to terminate for convenience with a two month notice period, this does not relieve the Client of its obligation to pay the Fees for the remainder of the Term nor does it oblige Magnet.me to repay Fees paid upfront.
9.7 Magnet.me may stop offering the Services in whole or in part and will notify Client taking into account a reasonable notice period of at least three months. Amounts paid in advance will in that case be refunded pro rata for the unused part of the Services, with deduction of amounts payable to Magnet.me.
9.8 Magnet.me does not incur any liability on account of its termination of the Agreement.
10.1 During the two-month termination notice period indicated in Section 9.6;
10.2 Upon termination or expiry of the Agreement, Magnet.me will make Client Data available for download through the standard functionality of the Services for a period of thirty (30) days.
During the period between thirty (30) and ninety (90) days after termination or expiry, Magnet.me will, upon Client’s request, use commercially reasonable efforts to make available Client Data that remains available in backups, archives or internal systems, to the extent technically and operationally feasible. Magnet.me cannot guarantee that Client Data will remain complete, current, directly accessible or recoverable during this period.
After ninety (90) days, Magnet.me has no obligation to retain, restore, export or otherwise make available Client Data, unless retention or disclosure is required by applicable law.
Standard export through the functionality of the Services during the initial thirty (30) day period is included. Any recovery from backups, bespoke export, migration support, special format, technical assistance or other custom services may be charged at Magnet.me’s then-current consulting or professional services rates, if permitted by applicable law.
This Article applies to Client Data and does not require Magnet.me to delete, export or transfer personal data processed by Magnet.me as independent controller, Magnet.me Data or anonymised/de-identified data. Magnet.me’s payment claims and remedies remain unaffected.
11.1 All intellectual property rights and related rights, including database rights in the Services, including the Platform, software, documentation, Magnet.me Data and underlying technology, vest exclusively in Magnet.me or its licensors. Magnet.me reserves all rights not explicitly granted to Client.
11.2 Client may not copy, amend, publish, reverse-engineer or otherwise use any part of the Platform or Services outside the scope of the Agreement without Magnet.me’s prior written consent.
11.3 Client grants Magnet.me a non-exclusive, royalty-free licence to use Client Content, trade names, trademarks and logos solely to provide the Services and to promote Client’s employer profile, vacancies, talent community and related opportunities to relevant Members and jobseekers through the Platform and related service communications. Magnet.me shall not use Client’s trade names, trademarks or logos for standalone Magnet.me corporate marketing, public customer references, case studies, advertisements, press releases or unrelated promotional materials without Client’s prior approval.
11.4 Magnet.me may use third-party components, open-source software, service providers and infrastructure to provide the Services, provided that Magnet.me has the rights or licences necessary for such use in the manner contemplated by the Agreement. Magnet.me does not warrant that the Services contain no third-party components or open-source software.
12.1 Each party shall keep the other party’s Confidential Information confidential and shall use it solely for the performance of the Agreement or enforcement of its rights under the Agreement or defense against a claim.
12.2 The confidentiality obligation does not apply to information that is or becomes public without breach of confidentiality, was lawfully known before disclosure, is independently developed without use of the Confidential Information, or must be disclosed pursuant to a legal obligation, law, court order, regulator request or in relation to a dispute, provided that the receiving party gives prior notice where legally permitted.
13.1 Neither Magnet.me nor any of its agents, officers, employees, service providers or subcontractors shall be liable for damage other than direct damage. To the extent permitted by applicable law, Magnet.me is not liable for indirect, consequential, punitive, special or incidental damages, including loss of profits, revenue, business opportunity, business operations, loss of goodwill, expected savings or opportunity, damage to reputation or data, or damage due to unsuitability of Members, interruptions or errors in communication means, internet facilities or electricity supplies or third-party websites or systems, or unauthorised access to Accounts.
13.2 In addition, Magnet.me’s aggregate liability is limited to an amount equal to the Fees paid or payable, excluding VAT, for the Services giving rise to the claim during the 12 months preceding the event giving rise to liability. For free Services, Magnet.me’s total liability is limited to EUR 500.
13.3 The above liability limitations do not apply in case the damage is caused by Magnet.me’s intentional or deliberate recklessness or in case liability cannot be limited or excluded pursuant to mandatory applicable laws.
13.4 If Magnet.me is in breach of its obligations, it can only be liable if it has been granted a reasonable period of at least 10 (ten) working days to remedy the breach, after having been served a notice of default which describes the breach in as much detail as possible so that Magnet.me has the opportunity to respond adequately.
13.5 Any right for compensation for damages only arises if the damage is reported to Magnet.me in writing as soon as possible after the damage has occurred and ultimately within three (3) months thereof. The right to compensation of damage lapses by the mere expiry of a period of twelve (12) months following the moment the cause of the claim arose, if prior to the expiry of this term no legal proceedings have been instituted against Magnet.me to have the damage compensated.
13.6 Magnet.me shall indemnify Client against third-party claims alleging that the Services, as provided by Magnet.me and used in accordance with the Agreement, infringe third-party intellectual property rights. This indemnity does not apply to claims arising from Client Data, Content, Client instructions, third-party systems, ATS integrations, combinations not provided by Magnet.me, modifications not made by Magnet.me, claims caused by the Client (including Users) or use of the Services in breach of the Agreement. Magnet.me may, at its option, procure the right to continue use, modify the Services, replace the allegedly infringing part, or terminate the affected Services with a pro rata refund of prepaid unused Fees.
13.7 Client shall indemnify and hold Magnet.me harmless from third-party claims and damages to the extent caused by Client Data, Content, Client instructions, Client’s use of the Services, ATS data, recruitment, talent community, assessment, selection or hiring activities, employment law, privacy notices or legal bases, or Client’s breach of the Agreement or applicable law. This indemnity does not apply to the extent the claim is caused by Magnet.me’s own breach of the Agreement, the DPA, security obligations or unlawful controller processing.
13.8 Indemnities are subject to the liability limitations in this Article, except to the extent liability cannot be limited under mandatory law.
14.1 The Agreement (including these Client TOS) is governed exclusively by the laws of the Netherlands, excluding its conflict-of-law rules.
14.2 Articles 6:227b and 6:227c Dutch Civil Code are not applicable, in as far as it is possible to exclude those provisions and the Client waives any rights it may have to rescission (‘ontbinding’) or annulment (‘vernietiging’) of the Agreement (including these Client TOS) pursuant to those articles.
14.3 The courts of Rotterdam, the Netherlands have exclusive jurisdiction over any disputes between the Client and Magnet.me arising out of or in connection with the Services.
15.1 Magnet.me may amend these Client TOS from time to time to reflect changes in its organisation, processes, business model, technology, security, third-party systems or applicable laws and regulations. Amendments also apply to existing Agreements unless agreed otherwise. The Client will be informed of the amendments where reasonably practicable at least 30 days before they take effect. If an amendment materially adversely affects Client’s rights or obligations or materially reduces the core functionality of paid Services during the Term, and Magnet.me cannot provide a reasonable workaround, Client may terminate the affected Services as of the effective date of the amendment.
15.2 Client warrants that the natural person(s) concluding the Agreement are duly authorised to represent Client. Client warrants that neither it nor any of its affiliated persons are listed on any sanctions list anywhere in the world.
15.3 If any provision is invalid or unenforceable, the remaining provisions remain in force and the invalid provision is deemed replaced by a valid provision as close as possible to the original intent.
15.4 Failure by Magnet.me to enforce any provision does not constitute a waiver of rights.
15.5 Client may not assign or transfer rights or obligations under the Agreement without Magnet.me’s prior written consent. Magnet.me will not unreasonably withhold consent for an assignment to an affiliate or legal successor where this does not materially adversely affect Magnet.me.
15.6 Magnet.me may subcontract parts of the Services, provided it remains responsible for performance in accordance with the Agreement. For sub-processors that process Personal Data on behalf of Client, the DPA applies.
15.7 Client acknowledges that these Client TOS are binding irrespective of how they were made available, including by reference to an online location, and irrespective of whether Client has read them.
15.8 The words “including”, “include” and “for example” are illustrative and do not limit the general meaning of the words that precede them.
The Services described in this Schedule apply only to the extent specified or enabled in the Order Summary or otherwise agreed by the parties.
Magnet.me Basics. Client is granted access to features and tools associated with the Organisation Page, including the ability to upload photos, testimonials, videos, frequently asked questions and related employer branding content.
Promoted Job Slot. Client may designate one job at a time as a promoted job by placing it in a Promoted Job Slot. The job is promoted to a target audience specified by Client, including through increased visibility in communications and on the Platform. Client may replace the job assigned to the Promoted Job Slot.
Promoted Job Credit. A credit entitling Client to promote a job for 30 days. Each Promoted Job Credit remains valid for 12 months from purchase, after which it expires without refund.
Promoted Company. A feature designed to increase Client’s visibility among a target audience specified by Client, for example by increasing connection requests sent via the Platform, with the aim of growing Client’s network. This feature must be used within 12 months from purchase, after which it expires without refund.
Company Connect. A service that enables Client to build, maintain and engage a talent community to establish long-term relationships with jobseekers. It may include adding individuals to Client’s talent network, automated communications such as branded email updates, ATS integrations, talent community invitations and draft or pre-filled Magnet.me account or profile flows, as further described in the Agreement and DPA.
Continuous Outsourced Messaging. If specified in the Order Summary, Magnet.me sends messages on behalf of Client on a weekly basis to a specified number of Members for the purpose of promoting a job designated by Client.
Outsourced Messaging Credit. A credit entitling Client to send, or have Magnet.me send on its behalf, messages via the Platform to a specified number of Members for the purpose of promoting a job. Credits remain valid for 12 months from purchase, after which they expire without refund.
Company Spotlight Email. An email campaign prepared by Magnet.me featuring content relating to Client, sent to a number of Members specified or agreed by the parties. Content and timing are subject to mutual agreement and prior approval by Client.
Job Sync. If specified in the Order Summary, Magnet.me periodically accesses a website, feed or URL designated by Client and publishes vacancies or career events listed thereon to the Platform.
Office Photos. If specified in the Order Summary, Magnet.me engages a photographer to take photographs of Client’s office. A selection is uploaded to Client’s Organisation Page. Client is entitled to use, copy, distribute and share the photographs without obligation to credit the creator, subject to any third-party rights expressly notified.
Office Video. If specified in the Order Summary, Magnet.me engages a film production team to produce a video of Client’s office. The video is uploaded to Client’s Organisation Page. Client is entitled to use, copy, distribute and share the video without obligation to credit the creator, subject to any third-party rights expressly notified.