JobFuel Terms and Conditions for Agencies

Article 1. Definitions

In these terms the following definitions apply.

• JobFuel: The Social Grid B.V., trading as JobFuel, Wijkerstraatweg 90, 1951 EJ Velsen-Noord, the Netherlands, Chamber of Commerce number 97863572, VAT NL868265585B01.
• Agency: the staffing agency, recruitment agency, secondment firm, search firm or other recruitment intermediary that uses JobFuel to source, place or second candidates, including on behalf of third parties.
• Subscription: the agreed monthly right to use the JobFuel services, under which the Agency may have an agreed number of Vacancies active at the same time.
• Agreed Vacancy Volume: the number of Vacancies the Agency may have active at the same time each month under the Subscription, as recorded in the Order Confirmation.
• Active Campaign: a campaign published by JobFuel or actively served on behalf of the Agency through an advertising platform.
• Vacancy: the specific role for which candidates are recruited under the Subscription.
• Candidate: any natural person who responds or applies through a campaign, funnel, form or integration facilitated or managed by JobFuel.
• Platform: the software, infrastructure, dashboards, campaign builder, candidate pipeline, forms, AI features, integrations, reporting, automations and other JobFuel functionality.
• Dashboard: the secure environment within the Platform where the Agency manages campaigns, candidates, the Order Confirmation and subscription settings.
• Advertising Budget: the separate media budget spent with Meta or another advertising platform, which does not form part of the Fee payable to JobFuel unless agreed otherwise in writing.
• Trial Period: the fourteen calendar day period during which the JobFuel service is free of charge, as described in article 7.
• Agreement: the agreement between JobFuel and the Agency, consisting of the accepted quotation, Order Confirmation or digital order, these terms and any annexes.
• Order Confirmation: the document or digital overview in the Dashboard setting out at least the agreed Subscription, the Agreed Vacancy Volume, the Fee and any specific arrangements.
• Fee: the amount payable by the Agency to JobFuel, excluding Advertising Budget and excluding VAT unless stated otherwise.
• Third Party Services: all software, advertising platforms, APIs, hosting, payment providers, AI providers and other third party services on which JobFuel relies in whole or in part.

Article 2. Scope and order of precedence

2.1 These terms apply only to agreements in which the client acts as an Agency, and only to business clients.

2.2 Direct employers recruiting for their own organisation are covered by separate terms, unless JobFuel and that party expressly agree otherwise in writing.

2.3 Any general terms, purchasing terms or other terms of the Agency are expressly rejected. Deviations are valid only where JobFuel has accepted them in writing.

2.4 In the event of conflict the following order of precedence applies, with the higher ranking document prevailing:

• the individually signed or digitally accepted Order Confirmation or agreement;
• the accepted quotation;
• any specific product or service annex;
• these terms and conditions.

2.5 For privacy processing the data processing agreement (annex 1) prevails to the extent it deviates from the commercial provisions of these terms.

Article 3. Offers and formation

3.1 Quotations and offers from JobFuel are without obligation until accepted. Where no validity period is stated, a quotation is valid for fourteen calendar days.

3.2 The Agreement is formed by, among other things, digital signature, written acceptance, acceptance through the Platform, acceptance through quotation software used by JobFuel, or the start of the services at the express request of the Agency.

3.3 The Order Confirmation states at least the agreed Subscription, the Agreed Vacancy Volume, the Fee, any deviating advertising arrangements, the start conditions and any specific arrangements. The Order Confirmation is available in the Dashboard once the Trial Period has started.

3.4 Oral statements by JobFuel staff bind JobFuel only where JobFuel confirms them in writing.

Article 4. The JobFuel subscription

4.1 The Subscription entitles the Agency to use the Platform and the agreed services, with the Agreed Vacancy Volume active at the same time each month.

4.2 The Agreed Vacancy Volume is agreed with the Agency before the Trial Period starts and is recorded in the Order Confirmation.

4.3 Where the Agency wants more Vacancies active at the same time than the Agreed Vacancy Volume, an upgrade of the Subscription is required in accordance with article 9.

4.4 JobFuel reasonably determines when something counts as a new Vacancy, for example a materially different role profile, a materially different recruitment area or a materially different campaign.

4.5 Any number of Candidates may be placed or hired under the Subscription without an additional placement fee. There is no fee per hire or per placement unless expressly agreed otherwise in writing.

4.6 The Fee covers access to the Platform, technology, campaign management, recruitment advertising, optimisation, support and reserved recruitment capacity. The Fee does not depend on the number of Candidates, applications, placements or hires.

Article 5. Vacancy filled and replacing Vacancies

5.1 Filling a Vacancy does not end the Agreement or the Subscription.

5.2 Where a Vacancy has been filled, withdrawn or no longer needs active recruitment, the Agency may have another Vacancy activated within the Agreed Vacancy Volume.

5.3 The Fee continues unchanged. No right to a refund, discount, suspension or early termination arises because a Vacancy was filled faster than expected or because fewer Vacancies are used than the Agreed Vacancy Volume.

5.4 JobFuel may require a new intake before activating a new Vacancy. JobFuel needs a reasonable lead time to define the audience, write copy, produce or adapt creatives, build forms and funnels, set up tracking, adjust campaign settings and await advertising platform approval. Switching therefore does not have to happen instantly.

5.5 The Subscription is intended for structural recruitment capacity, not for unlimited or very frequent testing or rotation of vacancies. In the event of excessive switching JobFuel may set a reasonable limit, apply a longer lead time or quote additional work.

Article 6. No pausing

6.1 The Agency cannot unilaterally pause the Subscription. The Agency may terminate the Subscription in accordance with article 8.

6.2 The temporary absence of a Vacancy does not suspend the Agreement, does not create a right to a refund and does not suspend the payment obligation.

6.3 Where no specific Vacancy is available for a period, JobFuel may use the available capacity for, for example, preparing a next campaign, advice, optimisation, talent pool activities, analysis, labour market insights, preparing recruitment material or other recruitment related work.

6.4 JobFuel may agree to a pause or a different arrangement only at its own written discretion.

Article 7. Free trial period

7.1 JobFuel may offer a new Agency a Trial Period of fourteen calendar days. The Trial Period is free of charge for the JobFuel Fee only.

7.2 The Advertising Budget remains entirely at the Agency's expense. During the Trial Period the standard Advertising Budget is a maximum of EUR 10 per day, so a maximum of EUR 140 over fourteen calendar days. JobFuel spends more only where demonstrably agreed with the Agency in advance.

7.3 The Trial Period covers a maximum of one campaign, unless agreed otherwise in writing.

7.4 The Trial Period starts only once the first campaign is actually live. A demo, intake, signature, account creation or campaign preparation does not start the Trial Period.

7.5 Before the Trial Period starts, the Subscription and the Agreed Vacancy Volume must have been agreed and the Agency must have accepted these terms, provided the required billing details and connected or made available the required advertising accounts and payment methods.

7.6 Once the Trial Period has started, the Order Confirmation is available in the Agency's Dashboard, setting out the arrangements made, including the agreed Subscription, the Agreed Vacancy Volume and the applicable price.

7.7 The Agency may terminate the Subscription in the Dashboard before the end of the Trial Period. Termination may also be given demonstrably by email or by another written method designated by JobFuel.

7.8 Where termination is timely, no Fee is due. Advertising Budget already spent and other third party costs remain at the Agency's expense and are not refunded.

7.9 Where the Subscription is not terminated before the end of the Trial Period, the paid Subscription is activated automatically on the calendar day after the Trial Period ends. The fourteen trial days do not count towards a paid period. JobFuel also states this automatic activation in the Order Confirmation.

7.10 In principle a business receives a maximum of one free Trial Period. To prevent misuse, JobFuel may treat businesses within the same group, the same corporate structure, the same ultimate beneficial ownership or an evidently affiliated business as the same client. JobFuel may deviate from this rule at its discretion and may refuse a Trial Period.

7.11 The Agency cooperates promptly with onboarding. Where, due to circumstances on the Agency's side, going live is not possible within thirty days of accepting the Order Confirmation, JobFuel may withdraw the trial offer and require a new start date or new commercial arrangement. JobFuel is not obliged to keep capacity reserved free of charge indefinitely.

Article 8. Term, renewal and notice

8.1 The paid Subscription is entered into for a monthly term and renews automatically for successive months.

8.2 The paid Subscription starts on the calendar day immediately after the Trial Period. Where no Trial Period has been agreed, it starts on the date stated in the Order Confirmation.

8.3 The Subscription can be terminated monthly with a notice period of one full calendar month. If the Agency gives notice in January, for example, the Subscription continues throughout February and ends after that.

8.4 Notice is given through the Dashboard or in writing in accordance with article 35.

8.5 Where the Agency does not use the service or pauses campaigns itself, the agreed Fee remains payable until the end of the notice period.

Article 9. Upgrading the Subscription

9.1 The Agency may increase the Agreed Vacancy Volume or take additional services during the term.

9.2 An upgrade has its own agreed Fee and is recorded in an amended or additional Order Confirmation in the Dashboard.

9.3 An upgrade does not require new terms and conditions where these current agency terms already validly apply.

9.4 Upgrades do not include a free Trial Period unless JobFuel expressly offers one in writing.

9.5 A reduction of the Agreed Vacancy Volume takes effect subject to the same period as the notice period in article 8.

Article 10. Fee, pricing and price changes

10.1 The Fee and other commercial arrangements are set out in the quotation or the Order Confirmation. These terms do not contain subscription rates.

10.2 All amounts are exclusive of VAT and any other taxes due by law, unless expressly stated otherwise.

10.3 JobFuel may apply separate prices for different vacancy volumes, upgrades, bespoke work, additional services, productions, video and photography, additional media budget, third party tooling and other additional services.

10.4 Pricing agreements apply to the relevant Agency only and do not constitute a general price guarantee.

10.5 JobFuel may change prices annually. A price change is announced in writing at least one month before it takes effect. The Agency may then terminate the Subscription in accordance with article 8.

10.6 JobFuel may also adjust prices in the event of cost increases for software, AI, hosting, platforms, staff, legislation, taxes or third party suppliers, or where the services are materially extended.

Article 11. Invoicing and payment

11.1 From the moment the paid Subscription starts, the Agency receives invoices periodically. JobFuel invoices monthly in advance in principle, using the start date of the paid Subscription as the reference for subsequent periods.

11.2 Invoices are paid within fourteen calendar days of the invoice date, unless the Order Confirmation states a different period. JobFuel may require payment by SEPA direct debit, Mollie, bank transfer or another designated payment method. The Agency provides correct billing details and keeps them up to date.

11.3 An invoice must be disputed in writing, with reasons, within ten working days of the invoice date. A dispute does not suspend the payment obligation for the undisputed part.

11.4 To the extent permitted by law, suspension and set-off by the Agency are excluded.

11.5 In the event of late payment JobFuel is entitled to statutory commercial interest, extrajudicial collection costs and any statutory minimum amounts, and may suspend the services and campaigns, block Platform access and withhold the launch of new campaigns.

11.6 Suspension due to non-payment does not extend the term and does not suspend the payment obligation. The Agency therefore continues to pay during a suspension caused by its own non-payment.

Article 12. Advertising Budget

12.1 The Fee payable to JobFuel and the Advertising Budget are strictly separate. Advertising Budget is not revenue or remuneration for JobFuel where the Agency pays it directly to Meta or another platform.

12.2 The Advertising Budget is agreed separately. JobFuel may advise a different budget based on results but does not increase an agreed maximum without consent where the Agency bears the cost.

12.3 Where possible the Agency pays the Advertising Budget directly to the advertising platform. The Agency is responsible for a valid payment method, sufficient spending capacity, a connected advertising account, a connected Facebook page, the required permissions and consents and compliance with the Meta Lead Ads Terms.

12.4 Where a campaign cannot run because of missing payment, a blocked card, a Meta restriction, missing permissions or an issue within the Agency's accounts, this is not a failure by JobFuel, the Fee continues and no right to a refund arises.

Article 13. JobFuel services

13.1 Depending on the agreed package, JobFuel may provide, among other things, Platform access, campaign build, audience research, ad copy, creatives, funnels, Meta Instant Forms, candidate pipeline, dashboard, analytics, tracking, AI features, campaign optimisation, support, a dedicated consultant, reporting, feedback signals to advertising platforms and integrations.

13.2 This list does not mean that every element is included without limit for every Agency. The Order Confirmation determines the actual scope.

13.3 Within the agreed assignment JobFuel determines how the work is carried out professionally and may change processes, software, tooling, templates, AI, automations and third party suppliers as long as the core of the agreed services is preserved.

Article 14. Work outside scope

14.1 Work that is not reasonably part of the Subscription may be quoted or invoiced separately. This includes, for example:

• full employer branding;
• professional photography and video production;
• extensive websites and additional landing pages;
• ATS migrations and bespoke integrations;
• manual recruitment and candidate screening outside the agreed scope;
• vacancies beyond the Agreed Vacancy Volume;
• an excessive number of revision rounds;
• custom development;
• on-site work.

14.2 Where the Agency requests additional work without an agreed price, JobFuel may first submit a proposal and wait for acceptance before starting. There is no implied obligation to carry out additional work free of charge.

Article 15. Revisions and approval

15.1 JobFuel carries out a reasonable number of revisions as part of the normal service. JobFuel may set a maximum in the Order Confirmation or product specification. Where no maximum is agreed, only revisions reasonably required to deliver the agreed campaign are included.

15.2 A complete change of direction after the Agency has approved material may be treated as additional work.

15.3 The Agency is responsible for timely approval of job copy, ad copy, visuals, forms, questions, landing pages and campaign settings. Delays caused by late feedback from the Agency are not attributable to JobFuel.

Article 16. Agency obligations

16.1 The Agency is responsible for, among other things:

• accurate company and vacancy information, including salary and employment conditions;
• genuine and available vacancies, including those recruited for a client;
• permission from the client to use its vacancy, name or brand in campaigns;
• timely feedback and timely follow-up of Candidates;
• keeping candidate statuses up to date and reporting placements;
• access to the required accounts and availability of Advertising Budget;
• correct payment details;
• legally permitted job requirements and compliance with employment law, staffing legislation, privacy law, equal treatment and anti-discrimination rules.

16.2 The Agency follows up Candidates as quickly as reasonably possible. JobFuel is not responsible for lower conversion caused by Candidates being contacted late, insufficiently or not at all.

16.3 The Agency remains fully responsible for assessment, screening, selection, reference checks, placement, employment conditions, the employment or staffing contract, the placement decision and the suitability of Candidates.

16.4 JobFuel is not an employer, staffing agency or intermediary of the Candidate.

Article 17. Reporting placements and candidate statuses

17.1 There is no fee per placement under the Subscription. Failing to report a placement therefore does not lead to a placement fee.

17.2 The Agency keeps candidate statuses up to date and informs JobFuel when a Candidate has been invited, rejected or placed, cannot be reached, or has another relevant status change.

17.3 This information is used for reporting, campaign optimisation, AI and data feedback, quality signals to advertising platforms and calculating recruitment results.

17.4 Where the Agency provides no or insufficient feedback, JobFuel can optimise campaigns less effectively. JobFuel is not liable for the lower performance that results.

Article 18. No guaranteed results

18.1 JobFuel has an obligation to use best efforts only.

18.2 JobFuel does not guarantee a particular number of applicants or qualified candidates, a particular cost per lead, cost per applicant or cost per hire, a specific time to hire, a placement, a minimum saving, the suitability or availability of Candidates, that Candidates respond to contact or accept an offer, that placed staff stay, that Meta approves ads, or that campaign performance remains stable.

18.3 Historical figures, benchmarks, cases, forecasts and examples are indicative and do not constitute a guarantee.

18.4 The Agency remains liable for the Fee where results fall short of expectations, as long as JobFuel performs the agreed services.

Article 19. Meta and other external platforms

19.1 JobFuel depends on third parties including Meta, Facebook, Instagram, Google, hosting providers, payment providers, email providers, AI providers, analytics, webhooks, ATS systems and APIs.

19.2 JobFuel is not liable for outages, API changes, account blocks, ad rejections, policy changes, delays, third party errors, lost permissions, tracking limitations, changes to advertising algorithms, third party price changes or temporary unavailability.

19.3 JobFuel may adjust a campaign where reasonably necessary to comply with the policy of an advertising platform. Where a third party platform makes the services impossible or materially harder, JobFuel may use an alternative technical or operational solution at its reasonable discretion.

Article 20. Platform access

20.1 During the Agreement the Agency receives a limited, non-exclusive and non-transferable right to use the Platform. No ownership of JobFuel software is transferred.

20.2 Accounts may only be used by authorised personnel of the Agency. The Agency is responsible for account security and for promptly revoking access.

20.3 The Agency may not resell, sublicense or offer Platform access to its clients as its own service, unless JobFuel permits this in writing.

20.4 JobFuel may block accounts in the event of misuse, non-payment, a security risk, breach of these terms, unlawful use, attempts to circumvent security, reverse engineering or sharing access with unauthorised third parties.

Article 21. AI features

21.1 JobFuel may use AI for, among other things, copy, campaign suggestions, form questions, summaries, qualification, analytics, insights, optimisation and automation.

21.2 AI output may contain errors. JobFuel does not warrant that AI output is complete, error free or fit for a particular purpose.

21.3 The Agency remains responsible for the final content published on its behalf, to the extent the Agency can reasonably exercise control over it.

21.4 The Agency does not enter unnecessary special category or sensitive personal data into AI features and instructs its own users accordingly.

Article 22. Candidate data and privacy

22.1 For candidate data that JobFuel processes for a specific campaign of the Agency, the Agency is in principle the controller and JobFuel acts as processor where applicable.

22.2 Where the Agency recruits on behalf of a client, the Agency itself ensures a valid legal basis and, where necessary, appropriate arrangements with that client on the processing of candidate data.

22.3 The data processing agreement in annex 1 forms part of the contract documentation and prevails for privacy processing where it deviates from the commercial provisions of these terms.

22.4 JobFuel may engage sub-processors. A current list of sub-processors is available on request.

22.5 Where JobFuel processes personal data for its own separate purpose, JobFuel acts as an independent controller for that processing and informs data subjects in accordance with applicable privacy law.

22.6 Both parties comply with the GDPR and reasonably cooperate on data subject requests, data breach notifications and mandatory disclosures.

Article 23. Intellectual property and use as a reference

23.1 All intellectual property rights in the Platform, source code, software, systems, workflows, templates, campaign builder, AI prompts, automations, targeting methodology, campaign structures, dashboards, reporting formats, technical logic, data models, documentation, know-how and methods remain with JobFuel or its licensors. No intellectual property is transferred automatically.

23.2 For campaigns, templates, creatives and copy developed by JobFuel, the Agency receives, to the extent necessary, a right of use for the agreed purpose during the Agreement.

23.3 The Agency may not copy, resell, reverse engineer, replicate, license to third parties or use for competing services any JobFuel methodology, templates, processes or software.

23.4 Logos, brands and other materials supplied by the Agency remain the property of the Agency or its client. The Agency grants JobFuel permission to use them during the Agreement for the performance of the services and warrants that it is entitled to do so.

23.5 JobFuel may use the Agency's trade name and logo as a client reference, unless the Agency objects in writing. Use of confidential results, testimonials or non-public figures requires the Agency's prior consent.

Article 24. Data and aggregated insights

24.1 JobFuel may use anonymised and aggregated data from use of the Platform to improve products, develop benchmarks, optimise algorithms, analyse campaign performance, improve AI and automations and develop market insights.

24.2 This is permitted only to the extent the data cannot reasonably be traced back to an individual Candidate, the Agency or its client, unless another valid legal basis exists. Individual personal data remains subject to the applicable privacy arrangements.

Article 25. Confidentiality

25.1 Both parties keep confidential information confidential. For JobFuel this includes pricing arrangements, methodology, internal dashboards, roadmaps, technical information, algorithms, prompts, campaign strategies, software and other non-public business information.

25.2 Confidentiality applies during the Agreement and for three years thereafter. For trade secrets and know-how it continues for as long as the information is reasonably confidential.

25.3 Confidentiality does not apply to information that is already public, information demonstrably already known, independently developed information, legally required disclosure and disclosure to professional advisers bound by confidentiality.

Article 26. Availability and maintenance

26.1 JobFuel aims for good availability of the Platform but does not guarantee one hundred per cent uptime.

26.2 JobFuel may carry out maintenance. Planned maintenance is announced in advance where reasonably possible.

26.3 JobFuel does not provide a service level guarantee unless expressly agreed in a separate agreement. Outages at third parties are not JobFuel's responsibility.

Article 27. Suspension

27.1 JobFuel may suspend the services in whole or in part where invoices are unpaid, Advertising Budget is missing, required accounts are unavailable, the Agency does not cooperate sufficiently, these terms are breached, a security risk arises, there is fraud or misuse, content is unlawful, Meta or other third parties block access, or legal or compliance issues arise.

27.2 Suspension resulting from circumstances on the Agency's side does not extend the term, does not suspend payment obligations and does not create a right to a refund.

Article 28. Termination by JobFuel

28.1 JobFuel may terminate the Agreement with immediate effect or upon written notice in serious circumstances, including persistent non-payment, bankruptcy, suspension of payments, cessation of business, fraud, misuse, illegal activity, serious breach of these terms, a reputational or compliance risk, or use of JobFuel for discriminatory or illegal recruitment practices.

28.2 Amounts already due remain payable. Termination is without prejudice to JobFuel's right to claim damages.

Article 29. Liability

29.1 JobFuel is not liable for indirect damage, including consequential loss, lost profit, lost revenue, lost savings, missed candidates, missed placements, reputational damage, business interruption, loss caused by decisions of candidates or clients, loss caused by advertising platforms and loss caused by third party software.

29.2 JobFuel's total liability is limited to the amount the Agency actually paid for JobFuel services in the three months immediately preceding the event causing the damage. Advertising Budget and amounts paid to third parties are not included.

29.3 These limitations do not apply where liability cannot be limited by law, including in the event of intent or wilful recklessness on the part of JobFuel.

29.4 Liability arises only after the Agency has notified JobFuel in writing within thirty days of discovery, JobFuel has received sufficient information and JobFuel has been given a reasonable period to remedy where remedy is possible.

29.5 Any claim lapses twelve months after the Agency discovered or could reasonably have discovered the damage.

Article 30. Indemnity

30.1 The Agency indemnifies JobFuel against third party claims, including from clients and Candidates, arising from unlawful content supplied by the Agency, incorrect vacancy information, breach of employment or staffing law, discriminatory job requirements, infringement of third party intellectual property by supplied material, unlawful use of candidate data, unlawful instructions from the Agency or use of accounts or brands for which the Agency has no permission.

30.2 This indemnity does not apply to the extent the claim is demonstrably caused directly by an attributable error of JobFuel.

Article 31. Force majeure

31.1 Force majeure includes outages at Meta or Google, API failures, cloud outages, internet outages, cyber attacks, DDoS attacks, power failures, government measures, war, terrorism, pandemic, strikes, unforeseen failure of critical suppliers, changes in laws or regulations and sudden platform restrictions.

31.2 During force majeure, obligations that genuinely cannot be performed are suspended. JobFuel is not liable for the resulting damage. Work already performed and amounts already due remain payable.

31.3 Where force majeure lasts longer than sixty days, either party may terminate the Agreement in writing for the part that cannot be performed, without liability for damages.

Article 32. Assignment and third parties

32.1 The Agency may not assign the Agreement or any rights under it without JobFuel's prior written consent.

32.2 JobFuel may engage employees, freelancers, group companies, software suppliers, sub-processors and specialist partners to perform the services. JobFuel remains responsible for its own contractual obligations to the extent required by law.

32.3 JobFuel may assign the Agreement in connection with a merger, acquisition, sale of the business, restructuring or transfer of activities.

Article 33. Changes to the services

33.1 JobFuel may change or replace features, interface, technical architecture and working processes as long as the core of the agreed services is not materially eroded.

33.2 JobFuel may replace third party features with functionally comparable alternatives and is not obliged to support a specific third party supplier permanently.

Article 34. Changes to these terms

34.1 JobFuel may change these terms. Material changes are notified in writing at least one month before they take effect.

34.2 Where the Agency does not agree with a material change, it may terminate the Subscription in accordance with article 8 with effect from the date the change takes effect.

34.3 Continued use of the services after that date counts as acceptance of the amended terms.

Article 35. Communication and notices

35.1 Email, Platform notifications and other digital communication count as written communication.

35.2 The Agency keeps its contact details up to date. Notices are deemed received on the first working day after being sent to the last known email address or after being posted in the Platform.

35.3 Notices of termination are given through the Dashboard, the designated email address or another method indicated by JobFuel.

Article 36. Entire agreement

36.1 The Order Confirmation, the quotation, these agency terms, the data processing agreement and any other applicable annexes together form the entire agreement.

36.2 Earlier oral arrangements are superseded to the extent they are not included in the final agreement.

Article 37. Severability

37.1 Where a provision is invalid or unenforceable, the remaining provisions stay in force. The parties replace the invalid provision, where possible, with a valid provision that comes as close as possible to its purpose and economic effect.

Article 38. No waiver

38.1 Where JobFuel does not exercise a right at a given moment, this does not mean JobFuel waives that right permanently.

Article 39. Governing law

39.1 The Agreement is governed exclusively by Dutch law. The Vienna Sales Convention is excluded.

Article 40. Competent court

40.1 Disputes are submitted to the competent court of the District Court of Noord-Holland, the Netherlands, unless mandatory law provides otherwise.

Article 41. Contact details

The Social Grid B.V., trading as JobFuel

• Wijkerstraatweg 90, 1951 EJ Velsen-Noord, the Netherlands
• Chamber of Commerce 97863572
• VAT NL868265585B01
• Email: info@jobfuel.nl
• Phone: +31 85 212 8345

Annex 1. Data processing agreement

This annex forms the data processing agreement between the Agency (controller) and JobFuel (processor) within the meaning of article 28 GDPR and forms part of the Agreement.

1. Subject and duration. JobFuel processes personal data solely to perform the Agreement, for its duration.

2. Nature and purpose. The processing covers setting up and managing recruitment campaigns, receiving and handling applications and leads, managing the candidate pipeline, reporting and optimisation.

3. Types of personal data. Including name, contact details, place of residence, application and answer data, CV data where supplied, status information and technical data.

4. Categories of data subjects. Candidates and users of the Agency.

5. Instructions. JobFuel processes personal data only on the written instructions of the Agency and under the Agreement, save for legal obligations.

6. Confidentiality. JobFuel binds persons with access to personal data to confidentiality.

7. Security. JobFuel takes appropriate technical and organisational measures, including access control, encryption in transit, logging and separated environments.

8. Sub-processors. JobFuel may engage sub-processors and imposes equivalent obligations on them. A current list of sub-processors is available on request. The Agency may object to a new sub-processor, with reasons, within a reasonable period.

9. International transfers. Transfers outside the EEA take place only on the basis of a valid transfer mechanism, such as an adequacy decision or standard contractual clauses.

10. Data breaches. JobFuel informs the Agency without undue delay after becoming aware of a personal data breach and provides the information the Agency needs for its own notification duties.

11. Data subject requests. JobFuel reasonably cooperates with data subject requests and refers them to the Agency where appropriate.

12. Audits and information. On request JobFuel provides the information needed to demonstrate compliance. Audits take place after reasonable consultation, at most once a year and at the Agency's expense, unless a shortcoming is established.

13. End of services. After the Agreement ends JobFuel deletes personal data or returns it on request, subject to statutory retention duties and subject to anonymised and aggregated data as referred to in article 24.