Terms of use and user agreement

Terms of use and user agreement

Version: 1.0

Effective date: 01-01-2025

1. Definitions and Interpretation Provisions

1.1 The following terms, if written in capital letters, shall always have the associated meaning:

• “Terms” – these Terms of Use and User Agreement;
• “Catalog Partners” – services and products offered to Candidates by third parties on the Platform;
• “Services” – all services provided by NextGen ATS B.V., including access to the Platform and matching Candidates with Job Providers;
• “Candidate” – any natural person who is matched through the Platform, based on their qualities and preferences, to the Work Provider and the work desired;
• “Work Provider” – entities that locate Candidates through the Platform, regardless of whether they are the actual employer;
• “PJOTR” – the brand name of the platform owned by NextGen ATS and used to connect Work Providers with Candidates;
• “Platform” or “PJOTR Platform” – the SAAS platform operated by NextGen ATS, accessible via a management interface and mobile apps;
• “Website” – the website found at www.pjotr.com

1.2 The following interpretation rules apply:

• Plural also means singular and vice versa;
• Masculine also includes feminine references;
• 'In writing' includes 'by e-mail';
• All periods consist of full calendar days.

2. Entrepreneur Identity and Scope

These Terms of Use are issued by NextGen ATS B.V., registered with the Dutch Chamber of Commerce under number 95978518, with its registered office at De Langeloop 12e, 1742 PB Schagen (NL).

• These Terms apply to the full legal relationship between NextGen ATS and the Candidate.
• The Candidate’s own general terms are excluded, unless explicitly accepted by NextGen ATS in writing.
• These Terms also apply to all visitors of the Website and Platform.
• In the case other terms do apply, these Terms prevail in case of conflict.
• The Candidate agrees to the Terms by checking the box ‘I agree to the Terms’.
• Amendments will be shared at least 14 days in advance. No objection = automatic agreement.
• If the Candidate objects, NextGen ATS may deny access to the Platform.

3. Access and Use of the PJOTR Platform

• Only persons aged 18 or older may access the Platform.
• Candidates may sign up voluntarily or by invitation, and create a free account.
• The Platform’s purpose is to match Candidates with Work Providers.
• Usage is conditional upon regular and appropriate use.

Non-regular use includes (but is not limited to):

• Data mining or scraping;
• Circumventing or testing security systems;
• Removing or modifying platform components;
• Posting illegal or obscene content;
• Advertising on the Platform;
• Overloading the website infrastructure;
• Any inappropriate behavior toward NextGen ATS or others.

NextGen ATS may deny access, suspend or delete accounts without reason if misuse is suspected.

Candidates are fully responsible for providing correct data. Any resulting damage is at their own expense.

4. Duration and Termination

The User Agreement starts upon account creation and ends:

• When the Candidate deletes their account;
• After 1.5 years of inactivity;
• Upon violation of these Terms;
• If NextGen ATS discontinues the Platform.

Termination does not affect agreements between the Candidate and any Work Provider.

5. General Obligations of NextGen ATS

• Aside from providing access to the Platform, NextGen ATS has no result obligations.
• All other obligations are best-effort commitments, including matching with Work Providers.
• NextGen ATS facilitates contact between Candidate and Work Provider.

6. General Obligations of the Candidate

• The Candidate is responsible for fulfilling their obligations with Work Providers.
• NextGen ATS is not the employer under any law or regulation.
• The Candidate is free to enter into contracts with Work Providers.

7. Time Records and Reimbursement

• The Work Provider pays NextGen ATS a fee based on the actual hours worked by the Candidate.
• The fee is a percentage of the Candidate’s gross hourly wage, agreed upon between Work Provider and NextGen ATS.
• Hours are recorded by the Work Provider and checked by the Candidate in the PJOTR app.
• The Candidate commits to performing these checks and must not bypass the system.

8. Catalog Partners

• Additional services (e.g. housing) may be offered by third parties through the Platform.
• NextGen ATS connects Candidate and Catalog Partner upon mutual agreement.
• NextGen ATS holds no liability for agreements with Catalog Partners, except in case of intent or gross negligence.

9. Liability

• NextGen ATS is not liable for any damages during work for a Work Provider or third parties, including accidents or non-payment.
• NextGen ATS is also not liable for the actions or inactions of Catalog Partners.
• The Candidate is fully liable for damages caused by their own actions and indemnifies NextGen ATS.
• This includes misrepresenting qualifications, skills, or work level.
• Liability expires 1 year after damage occurs or becomes known.

10. Intellectual Property

• All IP rights related to the Platform belong to NextGen ATS or its licensors.
• Candidates may not share or disclose content from the Platform without written permission.
• The Candidate indemnifies NextGen ATS for claims related to unlawful use.

11. Privacy

• Candidate confirms to have read and accepted the Privacy Statement, available at www.pjotr.com

12. Nullity

• If any provision is found invalid or void, the remainder of the Terms remains valid.

13. Applicable Law

• Dutch law applies exclusively to these Terms.
• Disputes will be submitted to the competent Dutch court.