candidate user agreement

candidate agreement

1. Definitions
2. Overview
3. Registration
4. Jobs
5. Intellectual Property
6. Cocoroco Payrolling
7. Rating and Reference
8. Liability
9. Indemnification
10. Termination
11. Dutch Law and Jurisdiction
12. Modifications; Waiver

1. Definitions

• Assessments: By default, or optional behavioral/language assessments to be completed by Candidate to complete the Candidate Profile to become visible for Company after application
• Candidate: User who is looking for or applying on Jobs
• Candidate Profile: personal page on Cocoroco Platform on which the Candidate can make their data known to Company
• Company: User who is posting Jobs on Cocoroco Platform to select Candidate to become Payroll Employees employed by the Staffing Provider and assigned to the Company
• Company Profile: Personal page on Cocoroco Platform on which the Company can make his data and Jobs known to potential Candidate
• Cocoroco Payroll: Service provided through Cocoroco Platform by Staffing Provider to employ Payroll Employee and assign them to and under supervision of the Company by an Employment Agreement which terms are detailed in the Cocoroco Payroll Terms
• Cocoroco Payroll Terms: located at https://cocoroco.com/
• Conditions: Conditions for the Employment Agreement such as job description, working hours, and remuneration are published by the Company in the Jobs posted and are visible in the Employment Agreement offered by the Staffing Provider
• Employment Agreement: Employment Agreement to be executed between the Payroll Employee and the Staffing Provider, which will assign the Payroll Employee to work under the directions and supervision of the Company
• Indemnified Claim: Any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party
• Indemnified Liability: Any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User
• Intellectual Property Rights: Patents, copyright and related rights, domain names, rights in designs, database rights, moral rights, and any other intellectual property rights, in each case whether registered or unregistered, and including without limitation all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world
• Jobs: Job openings published on Cocoroco Platform by the Company
• Payroll Employee: Candidate who applied on a Job and after being selected by the Company for the Job employed by the Staffing Provider and assigned to and supervised by the Company
• Profile: Company Profile and Candidate Profile shall collectively be referred to as Profile
• Staffing Provider: Third-party vendor will employ the Candidate according to local laws and regulations and assign him/her under the supervision of the Company
• Timesheets: Time registration in Cocoroco Platform on which the invoicing and payments are based
• User: a Candidate or a Company as defined in this Company User Agreement
• Work Week: Beginning at 00:00 midnight CET on Monday and ending at 23:59 CET on Sunday

2. Overview

2.1. Cocoroco facilitates

• A digital platform on which Company can publish Jobs
• A digital platform on which Candidate can apply to Jobs
• The Cocoroco Payroll provided by the third-party Staffing Provider
• Timesheets on which all payments and invoicing will be based

2.2. Cocoroco Platform

The Cocoroco Platform is a digital platform that enables Company and Candidate to find each other. Company can post Jobs on Cocoroco Platform on which Candidate can apply. A Company can select on its own discretion the best-suited Candidate for the Jobs posted which leads into, facilitated by Cocoroco, the execution of an Employment Agreement with the Staffing Provider.

2.3. Use of Cocoroco Platform

The use of Cocoroco Platform is subject to conditions that are necessary for Cocoroco to function as an independent platform.

2.4. Our Responsibility

Cocoroco is not responsible for any content published on Cocoroco Platform.

2.5. User Rights

Cocoroco grants the User the right to use its digital platform with this User Agreement. Cocoroco allows the User to create a Profile on the platform.

3. Registration on Cocoroco Platform

3.1. Who can use the Cocoroco Platform?

Only a Candidate registered may use the Cocoroco Platform. Candidate registers with Cocoroco Platform as a Candidate by creating a Candidate Profile on the Cocoroco Platform through the registration page located at https://cocoroco.com/.

3.2. Registration Requirements

Candidate recognizes that for the completion of a Candidate Profile on Cocoroco Platform, Candidate is required to take a set of Assessments provided to him/her by Cocoroco. Upon the completion of the Assessments, the Candidate’s Profile shall be completed and become visible to the Company. Company is only able to see Candidate Profiles completed in accordance with the foregoing procedure.

3.3. Authorization

For the avoidance of doubt, Candidate authorizes Cocoroco to share the results of Assessments completed by the Candidate via the Cocoroco Platform, with the Company for the completion of the Profile.

4. Jobs

Company shall post Jobs on Cocoroco Platform on which the Candidate can apply. The Jobs shall include at least the conditions such as job description, working hours, and remuneration. These Jobs will be visible to Candidate once they are published on Cocoroco Platform by the Company, and shall remain visible until the Company decides to withdraw them from the Cocoroco Platform.

5. Intellectual Property

All Intellectual Property Rights of Cocoroco including but not limited to the content and technology of Cocoroco Platform are and will remain the exclusive property of Cocoroco. Candidate themselves remain the owner of all content and information they place on Cocoroco Platform. For content subject to Intellectual Property Rights, the Candidate explicitly grants Cocoroco a non-exclusive, transferable, royalty-free, worldwide license to use all IPR that the Candidate publishes on Cocoroco Platform. This right shall expire upon the removal of IPR by the Client from the Cocoroco Platform.

6. Cocoroco Payroll

6.1. Overview

Cocoroco Payroll shall be provided by the Staffing Provider through Cocoroco Platform as detailed out in the Cocoroco Payroll Terms. Cocoroco Payroll provides a direct engagement between the Company and Staffing Provider for the employment of Payroll Employees who will be assigned to and under supervision of the Company. Cocoroco is not liable for the consequences of the use of the Cocoroco Payroll.

6.2. Cocoroco not being a party

The Cocoroco Payroll is entered into on the request of the Company by and between the Staffing Provider and Payroll Employee. Cocoroco is therefore not a party to the Employment Agreement that the Staffing Provider and Payroll Employee execute to assign work to and perform work under the supervision of the Company.

6.3. Timesheet

Remuneration payments as detailed in the Employment Agreement are based on the Timesheet submitted by the Payroll Employee through Cocoroco Platform and approved by the Company. Further details regarding Timesheets shall be detailed in the Cocoroco Payroll Terms.

6.4. Payment

Cocoroco shall only fulfill a cashier function, meaning that payment by Cocoroco to the Candidate shall release the Company from its payment obligations towards the Candidate. However, Cocoroco shall in no event be responsible for the actual payment by the Company to the Candidate.

7. Rating and Reference

A Company is entitled to add a rating/reference to the Profile of the Payroll Employee who is or was assigned to the Company. In the rating/reference, the information requested there will be provided by the Company and will be visible for the Payroll Employee and any other potential Company the Candidate want to engage with in the future.

8. Liability

Cocoroco shall not be responsible for: (i) the quality of the Jobs published by the Company; (ii) the filling, placing or availability of Jobs and Candidate; (iii) the information provided by Company when posting Jobs; (iv) any damage or costs incurred in the non-performance, removal, modification or cancellation of Jobs or application; (v) submitting the income tax return of Candidate; (vi) declaring the turnover tax of Candidate; (vii) the damage that may arise from non-compliance with one or more provisions of this Candidate User Agreement; (viii) payments under the Employment Agreement; and (ix) fulfillment and/or quality of the services agreed under the Employment Agreement; and (x) the acts or omissions of the Company or Candidate in whatever form. Cocoroco’s total liability. Cocoroco’s total liability shall be limited to EUR 1,000 per event and EUR 5,000 per year. Notwithstanding the foregoing, Cocoroco’s liability for indirect and consequential damages is expressly excluded.

8.1 Limitation of Liability

ADDITIONALLY, IN NO EVENT WILL COCOROCO, OUR AFFILIATES, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF COCOROCO AND OUR AFFILIATES, TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED EUR 1,000; ON WHICH USER WAS INVOLVED AS CANDIDATE THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

9. Indemnification

Candidate shall indemnify, defend, and hold harmless Cocoroco, its Affiliates, directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims and Indemnified Liabilities relating to or arising out of: (a) the use of Cocoroco Platform and the Cocoroco Services by Candidate; (b) failure to comply with any applicable law by the Candidate; and (c) infringement of Intellectual Property Rights or allegations thereof to the extent caused by Candidate.

10. Termination

10.1. Right of Termination

User and Cocoroco have the right to terminate for cause and/or convenience the registration of the Candidate Profile on Cocoroco Platform at any time and to dissolve this Candidate User Agreement, without giving any reason and without prejudice to any other rights and remedies available to it under applicable law, and without being held liable for damage resulting from termination.

10.2. Pending Agreements

Any pending Employment Agreement engaged through the Cocoroco Payroll between the Staffing Provider and Payroll Employee on request of Company will remain in effect.

11. Dutch Law and Jurisdiction

This Candidate User Agreement shall be governed and construed in accordance with the laws of the Netherlands. Any and all disputes arising out of or in connection with this Candidate User Agreement shall be exclusively submitted to the competent court in Utrecht, The Netherlands.

12. Modifications; Waiver

Cocoroco may, at its sole discretion without being obliged to notice to the Candidate, amend this Candidate User Agreement and any linked information or document from time to time by posting the amended terms on Cocoroco Platform. For the avoidance of doubts, the latest version of the Candidate User Agreement shall always be applicable.