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Terms of Service

Terms of Service MaritimeJobSearch.com

Article 1 Definitions

The notions that are being used in this Terms of Service are capitilized. Please see below the notions and their meanings:

Credit

a deposit against which the Client may draw MaritimeJobSearch.com services.

Services

one of MaritimeJobSearch.com offered services, like publishing job postings or purchasing a contract to have access to the MaritimeJobSearch.com resume database and all other services, like offerings, specials and quotes that form a legal transaction and relationship between MaritimeJobSearch.com and the Client.

MaritimeJobSearch.com

MaritimeJobSearch.com, the user of the Terms of Service

Client

members/shareholders, officers, directors, employees, agents, successors and assigns who purchase MaritimeJobSearch.com a contract or credits which are offered on the Site.

Contract

the contract between Client and MaritimeJobSearch.com in which MaritimeJobSearch.com makes services available to Client.

Site

the portal where MaritimeJobSearch.com offeres its services via www.MaritimeJobSearch.com

Terms of Service

these conditions, in spite of any form in which these are made recognizable.

Article 2 General

2.1 The Terms of Service are applicable to the Services offered by MaritimeJobSearch.com to its Client, its respective legal successor, in binding offers, quotes, Contracts of MaritimeJobSearch.com or results of other legal bindings between MaritimeJobSearch.com and its Client or its its respective legal successor.

2.2 Changes in the Terms of Service are only valid in writing or email and agreed by MaritimeJobSearch.com and its Client.

2.3 MaritimeJobSearch.com reserves the right to amend or expand the Terms of Service. The Client agrees yet or in the future with such amendments or changes.

2.4 Parties agree and dismiss any relevant general conditions of Client.

2.5 If these Terms of Service were applicable in a previous legal binding relationship between MaritimeJobSearch.com and Client, the Client agrees with the Terms of Service for current and future Contracts, including amendments and changes in the Terms of Service.

2.6 If for any reason a definition and/or article in the Terms of Service is declared invalid or becomes invalid, all other definitions and/or articles are and remain valid. MaritimeJobSearch.com will determine a new definition and/or article to replace the invalid definition and/or article, honoring the old invalid definition and/or article as much as possible.

2.7 In case of a contradiction between the definitions and/or article between a Contract and the Terms of Service, the definitions and/or article of the Contract prevails.

Article 3 Quotes/Contracts/Credits

3.1. All quotes, including specials, of MaritimeJobSearch.com are not binding unless stated differently.

3.2 Tasks of the Client to MaritimeJobSearch.com are binding after MaritimeJobSearch.com confirms this particular task per email, or MaritimeJobSearch.com informs the Client that MaritimeJobSearch.com is processing the Contract.

3.3 When the Client proceeds with purchase of Services in Credits, the following is valid. With the purchase of every credit, MaritimeJobSearch.com informs the Client about which services can be used with this particular credit. A Credit can only be used for the allocated Service and cannot be used for any other Services of MaritimeJobSearch.com. Purchased Credits cannot be exchanged for money. A Credit is only valid maximal one (1) year after the date of purchase of the Credit. After this period the Credit will automatically decay and cannot be used for any other MaritimeJobSearch.com Services.

3.4 When Credits are being used to publish job postings, the additional following article 3.3 is valid. With the purchase of one (1) Credit the Client has the right to publish a job posting on the Site within one (1) year. A published job posting stays online for 60 days, visible on the Site. If the Credits have not been used before the end date of use, the Credits have become invalid.

3.5 If the publication of the job posting is ended before the valid period of 60 days by the Client, for example, when the job has been filled with a candidate, the Credit for this job posting has been used and the Client cannot publish a job posting for the remaining period to replace the job posting in question.

3.6 Credits are Client binding and are non-transferable. Credits can only be used by the Client to publish its own job postings and/or advertisements.

Article 4 Position MaritimeJobSearch.com

The Site tries to connect job seekers and employers/recruiters. MaritimeJobSearch.com will never participate in any possible and binding contracts between job seekers and employers/recruiters as a result of usage of the Site.

Article 5 Information and Inlog Account

5.1 Client guarantees that all provided information to MaritimeJobSearch.com, not only limited to, company information and credit card information, that is necessary for the execution of the Contract is complete, correct and up-to-date. Furthermore the Client guarantees that he is legally competent to use the Site and purchase the Services.

5.2 Client has the responsibility that the description of the published job posting and/or company information reflects the reality, is true and complete and satisfies the requirements of MaritimeJobSearch.com. By publishing a job posting and/or company information, the Client gives MaritimeJobSearch.com permission to publish this information on the Site so MaritimeJobSearch.com can use this information to provide its Services.

5.3 MaritimeJobSearch.com has the right to change or shorten the text for job postings and/or company information. MaritimeJobSearch.com has also the right to reject or remove, published, job postings and/or company information from the Site without paying any suffered damages to the Client because of the removal of the job posting and/or company information. Removal of job postings and/or company information can happen in the following situations:

• posting and/or company information is incorrect and/or incomplete;
• posting and/or company information infringes the (intellectual property) rights of third parties;
• posting and/or company information is in conflict with the laws of the State of Illinois, U.S.A., without reference to any conflicts of laws provisions.

5.4 The log on information provided by MaritimeJobSearch.com is Client binding and non-transferrable. However it is possible to use an log on account freely within the organization of the Client. It is technically not possible if more than one person is using the log on account at the same time.

5.5 Client agrees to use the MaritimeJobSearch.com log on information carefully.

Article 6 Resume Database

6.1 When Client has a Contract and has access to the MaritimeJobSearch.com resume database, the following sub articles are valid.

6.2. Client recognizes that MaritimeJobSearch.com is the producer of the resume database in reference to the Database regulation and has the copyright of the resume database.

6.3 Client can only use the resume database within its own organization with the goal to recruit new employees for its organization, honoring the Database regulation and any other applicable regulation.

6.4 Client is not allowed to publish any data files from the resume database, or parts of it, or copy or multiply, change and make this data available to third parties, unless the Client received written permission from MaritimeJobSearch.com.

6.5 Client can use data files from the resume database, or parts of it, only to fulfill concrete job postings, and only if the data files has a reasonble connection with the job posting is in question.

6.6 MaritimeJobSearch.com does not provide the Client a fixed limit of usage of date files from the resume database, or parts of it. This does not mean that MaritimeJobSearch.com allows unlimited usage. To avoid excessive usage of the resume database, MaritimeJobSearch.com reserves the right to intervene if Client is using more data files from the resume database, or parts of it, than the expected normal usage. MaritimeJobSearch.com reserves the right, after giving the Client a first and last warning, to block the account of the Client.

Article 7 Intellectual Property

7.1 The (intellectual property) right in reference to the Site, including the copyrights on content, images, design, pictures and all other (still standing and/or moving) image material, sound material, formats, software and other materials, the databank rights and trademark (including domain name) belong to MaritimeJobSearch.com or its licensors except the materials that has been delivered by the Client in reference to job postings and/or company information.

7.2 The Client is not allowed to, without previous written consent from MaritimeJobSearch.com, make any information and/or data from the Site available to third parties, to reproduce, spread, forward, or use this information in any other documents or material. This means that the Client is not allowed, without previous written consent from MaritimeJobSearch.com, to use or recycle any substantial part of the content of the resume database and/or request non-substantial parts of the resume database content repeatedly and systematically in reference to the Database regulation. Any possible copies that the Client makes of the Site (or parts of it) - in sofar as allowed - all copyrights and other (intellectual property) rights need to be stated on the original download or print-out.

7.3 Client agrees that all published job postings and/or company information does not interfere with (intellectual property) right of third parties.

Article 8 Spam/Harvesting

8.1 The use of (personal) data of third parties that are made public via the Site, not limited to email addresses of job seekers, employers and recruiters is only allowed to fulfill concrete job postings. Under no condition it is possible to use this information for any other purpose, what means it is forbidden:

• to initiate (unasked) any form of commercial communication per email, fax, SMS, MMS, mail or otherwise with job seekers, to promote directly or indirectly goods, service or the brand and image of an organization, company or person that is not related to fulfilling a concrete job posting;
• to initiate any other form of unasked communication;
• collect email addresses of employers, recruiters and/or job seekers for any reason.

8.2 When Client does not (partly) obey article 8.1, MaritimeJobSearch.com can without any warning or without any legal intervention claim $1,000.- per event, where the usage of one (1) personal record of information is one (1) event.

Article 9 Exclusion

MaritimeJobSearch.com reserves the right to exclude the Client from any further usage of the Site and to terminate the Contract with the Client when the Client does not adhere with the Terms of Service. MaritimeJobSearch.com has the right to take legal steps against the Client and request damages.

Article 10 Confidentiality

Client acknowledges that, within the framework of the Contract, it has access to confidential information of job seekers and/or MaritimeJobSearch.com. Client agrees to keep this information confidential. Client will treat this information confidential and will not make and/or multiply, without previous content of job seeker and/or MaritimeJobSearch.com, this information. Confidential information means all personal information in the resume database.

Article 11 Events Beyond Control

No party has any obligation due to events that are beyond control. Events beyond control means shortcomings of suppliers and/or third parties being used by MaritimeJobSearch.com.

Article 12 Maintenance

MaritimeJobSearch.com reserves the right to (temporary) shut down the system or limit the use of the system for maintenance or enhancements to the Site, without the Client having the right to request a claim because of this maintenance procedure.

Article 13 Warranty

MaritimeJobSearch.com has developed the content of the Site with the utmost consideration. MaritimeJobSearch.com cannot guarantee:

• that the job seeker is allowed and eligable to enter into an agreement with the Client;
• that the information on the Site is correct, complete and correct, including the job seeker provided personal information incuding the resume;
• that the job seeker will actually enter into an agreement with the Client;
• that the Site will work uninterrupted and will be error free;
• that the system will not be abused by unlawful and illegal usage of third parties.

Article 14 Investigation

14.1 Client is obliged to investigate, when publishing a job posting and/or company information, if this information agrees with the Contract. If this is not the case, the Client has the obligation to write a motivated email and a possible complaint, within 8 days of publishing the particular job posting and/or company information, to cs@maritimejobsearch.com

14.2 If the published advertisment and/or company information does not adhere with the Contract, MaritimeJobSearch.com will correct and/or change (the content of) the advertisement and/or company information or replace the published advertisement and/or company information.

Article 15 Liability

15.1 The total liability of MaritimeJobSearch.com for direct damages because of responsible shortcomings in reference to the Contract, is limited to the amount of the Contract that the Client paid MaritimeJobSearch.com.

15.2 MaritimeJobSearch.com is never liable for any indirect damages, meaning consequence damage, lost profit, lost savings, damage due to stagnant business and damage because lost of information and data.

15.3 MaritimeJobSearch.com is excluded from any kind of liability, directly or indirectly, because of the usage of the Site and/or Services by the Client. Especially, MaritimeJobSearch.com, is particular not liable for:

• activities completed by Client, like entering into an agreement, because of information published on the Site;
• not being able to use the Site;
• the fact that certain information on the Site is incorrect, incomplete or is not up-to-date;
• unlawful or illegal usage of the systems of MaritimeJobSearch.com, including the Site, by third parties.

15.4 The above mentioned limited liability for direct and/or indirect damages are not applicable when damages are MaritimeJobSearch.com or subordinates are at fault.

Article 16 Exclusion

Client excludes and protects MaritimeJobSearch.com from all claims of third parties because of Clients published job postings and/or company information on the Site including all claims that are made based on assertions that the particular job posting and/or company information infringes the intellectual property rights of third parties.

Article 17 References

The Site contains references (for example due to hyperlinks, banners or buttons) to websites of third parties. MaritimeJobSearch.com does not control these websites and is not responsible for the content of these websites.

Article 18 Security

MaritimeJobSearch.com makes a reasonable effort to secure its systems against lost or any unlawful or illegal usage of the Site. MaritimeJobSearch.com takes technological and organizational measurements, keeping in mind the current technology.

Article 19 Terms of Payment

19.1 Client has to pay the amount, for the Services, mentioned on the Site;

19.2 If Client exceeds the terms of payment, MaritimeJobSearch.com is allowed to calculate and add the lawful percentage of interest as late fee without forwarding any reminders. Additionally, MaritimeJobSearch.com is allowed to postpone the execution of the Contract as long as the Client has not paid its openstanding invoices.

19.3 If MaritimeJobSearch.com needs the help of a collection agency for collecting Clients money owed to MaritimeJobSearch.com, all extra and additional (legal) costs will be compensated to MaritimeJobSearch.com.

Article 20 Obligations

20.1 When there are enough reasons to doubt that the Client cannot fulfill its obligations, the Client is obliged to honor MaritimeJobSearch.com first request to oblige in MaritimeJobSearch.com desired actionable.

20.2 When Client cannot oblige within 14 days to previous mentioned article, MaritimeJobSearch.com has the right to postpone the execution of Clients Contract until Client can oblige.

Article 21 Duration and Contract Ending

21.1 Every Contract endures as long as the indicated period. Termination before the end in the contract is not possible, with exception from article 21.2 and 21.4

21.2 Both parties, MaritimeJobSearch.com and Client, have the right to terminate the Contract, also after a solid and detailed letter stating the shortcomings with the request to repair these shortcomings within a reasonable period of time, when responsible party keeps showing shortcomings honoring the Contract.

21.3 When Client terminates like in article 21.2 and received performances according the Contract, these performances and payment obligations are not subject to the termination of the Contract, unless MaritimeJobSearch.com did not perform according Contract.

21.4 In case one of the parties is in the process or goes bankrupt, request Chapter 11 or is going on strike, the other party has the right to unbind the Contract immediately.

Article 22 Diverse

This Agreement shall be governed by the laws of the State of Illinois, U.S.A., without reference to any conflicts of laws provisions. Client hereby accepts and agrees that venue and jurisdiction for any legal action or claim arising from the contract between MaritimeJobSearch.com and the Client may only be brought in Cook County, Illinois. The Terms of Service can be changed anytime by MaritimeJobSearch.com. MaritimeJobSearch.com advises to review the Terms of Service regularly.