TERMS OF USE

Thank you for visiting or using Yearn. Yearn is the first ‘talent platform’, offered over the internet by the company Black Book Networks B.V.. A company registered in the Netherlands (COC 64565483). Officially located at Claude Debussylaan 175-177, 1082 MC in Amsterdam (the Netherlands).

The use of Yearn is subject to the below terms and conditions. Using Yearn constitutes acceptance of these terms of use, as well as for our privacy statement and cookies policy, which together form the End User License Agreement (EULA) between you and Black Book Networks B.V.. Be aware that with using Yearn as Superconnector or Client the terms for Superconnectors or Clients are applicable.

Please read this EULA carefully and note the terms of this EULA may be revised from time to time. By using the service of Yearn the most recent version shall take effect. We recommend you to print a copy of these terms for future reference. We can also send you a copy at your request (legal@yearn.com).

Deviations from these terms and conditions is possible only by means of written confirmation by Black Book Networks B.V..

The following articles are subject to these terms of use:

Article 1 Definitions of terms and applicable conditions

Article 2 Use of the service

Article 3 User terms

Article 4 Availability and maintenance

Article 5 Intellectual property

Article 6 Content and user material

Article 7 Compensation

Article 8 Limitation of liability

Article 9 Term and termination

Article 10 Changes to terms

Article 11 Miscellaneous

Article 12 Contact

1 DEFINITIONS OF TERMS AND APPLICABLE CONDITIONS

1.1 These terms and conditions are applicable when using the platform of Yearn and apply to all agreements between Clients, Superconnectors, Talents and Black Book Networks B.V. (further referred to as Yearn). And furthermore to all legal relationships which ensue from these agreements, as well as to all non-contractual relationships between parties, in particular wrongful act.

1.2 In these terms and conditions the following terms have the following meanings:

  • Client: The party who does or did a Talent Request via Yearn and/or bought a Job Spot.
  • Talent Request: Giving Yearn the explicit assignment to recommend Talent.
  • Superconnector: Person, officially selected by Yearn, who receives a notification of a Talent request and recommends Talent via Yearn to Client.
  • Talent: Person who is recommended by a Superconnector or introduced to the Yearn platform.

In case specific articles in these terms are conflicting with articles in other terms of Yearn, those more specific terms have priority.

2 USE OF THE SERVICE

2.1 The service of Yearn allows you to create a profile as Superconnector or Client for yourself. Yearn does not actively assist in doing so but does moderate to ensure the service is used legally and appropriately.

2.2 To use Yearn, you first need to register. After completing registration, you can directly log into your account and use the service.

2.3 You must secure access to your account using the username and password against third parties. In particular, you must keep the password strictly confidential. Yearn may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Yearn that someone else knows your password.

2.4 Black Book Networks B.V. collects and processes your personal data. This data may include your name, address, e-mail, (mobile) phone number, contacts, photos, location, date of birth, gender, job title and any user material you contribute to the applicationand applicationcontent. This data may also include device data and log data about your visit. By using this application, you give your consent for all forms of processing within the scope of the service. Consult the privacy statement for the exact use of this data and more information.

2.5 When accessing the services of Yearn and using the platform you may, in some cases, incur liability to a third party for data usage charges. We accept no liability for such charges, which are usually the subject of an agreement between you and your network operator. In the event you are not the person responsible for paying data usage charges, you should obtain permission from that person prior to using the platform.

2.6 You should be aware that the EULA only applies between you and us and shall not impose any responsibility, obligations or liability whatsoever on any third-party provider, nor shall this EULA affect any existing agreement(s) between you and any third party.

2.7 Yearn solely acts as a facilitator to connect users (Clients, Superconnectors and Talents). Yearn does not vet the credentials of Talents nor does it have any involvement in the decisions made by the users during the process. Users are responsible for their own conduct when using the service. In addition, Clients, Superconnectors and Talents all have important obligations to ensure the effective and confidential operation of the services of Yearn, Black Book Networks B.V. can not be hold for the decisions the users make.

2.8 Users should in any role understand that only they have the responsibility of contacting other persons and/or users. You as a user should think carefully about the people you ask, recommend or contact. Yearn is in no case responsible for the connections that are made.

2.9 In case specific articles in these terms are conflicting with articles in other terms of Yearn, the most specific terms (terms and conditions for Superconnectors or Clients) have priority.

3 USER TERMS

3.1 It it is not permitted to use the services of Yearn for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libellous or racist, or to create profiles on Yearn under the names of other people or to pretend to be another person, or a moderator/maintainer of Yearn.

3.2 In addition, on Yearn it is forbidden to

  • act in any manner which is unlawful, pursues an unlawful purpose, is inconsistent with or contrary to the terms of the EULA, is considered a criminal offence, gives rise to civil liability, or is in breach of any applicable law of, infringes the rights (including intellectual property rights) of any third party in, any country in the world, or which involves any act which could be viewed as fraudulent or malicious (including, but not limited to any form of hacking, the distribution of harmful or malicious software, data or code);
  • contribute or transmit any language, information or material that is either explicitly or by implied meaning threatening, defamatory, unlawful, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous or otherwise objectionable conduct or which is in breach of confidence or privacy;
  • violate the privacy of any party, for example by distributing their personal data    without permission or clear need or the repeated harassment of this parties with unwanted communications;
  • publish information in violation of copyright or hyperlinks to such information;
  • assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);
  • exercise commercial activities that are not provided by the services of Yearn;
  • publish information where it is unwanted (off topic); and to do anything that violates applicable netiquette.

3.3 Should Black Book Networks B.V. discover that you violate any of the above, or receive a complaint alleging the same, then Yearn may intervene to end the violation and forbid further access to the services of Yearn.

3.4 If in the opinion of Black Book Networks B.V. the continued functioning of the computer systems or network of Black Book Networks B.V. or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Black Book Networks B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. Black Book Networks B.V. in particular is entitled to change your contributions at its own discretion.

3.5 Black Book Networks B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the services. Black Book Networks B.V. will not cooperate with third parties requesting data. But is however entitled to supply your name, address, IP-address and other identifying data when forced to under applicable law.

3.6 Black Book Networks B.V. may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Black Book Networks B.V. from all third-party claims arising out of your violation of these terms of use.

3.7 The content of Yearn may not comply with these terms of use. You understand this and may encounter content which is inconsistent with the policy above. You accept and agree that Black Book Networks B.V. doesn’t actively monitor applicationcontent of Yearn. Use of the services of Yearn is at any time at your own risk.

4 AVAILABILITY AND MAINTENANCE

4.1 Black Book Networks B.V. uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.

4.2 Black Book Networks B.V. actively maintains Yearn. Maintenance can take place at any time, even if this negatively impact the availability of the service. Maintenance is announced in advance whenever possible.

4.3 Black Book Networks B.V. may from time to time adapt Yearn. Your feedback and suggestions are welcome but ultimately Black Book Networks B.V. decides which adaptations to carry out (or not).

5 INTELLECTUAL PROPERTY

5.1 The service Yearn, the accompanying software and technology as well as all information and images on the website is the intellectual property of Black Book Networks B.V.. None of these items may be copied or used without prior written permission of Black Book Networks B.V., except and to the extent permitted by mandatory law.

5.2 Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Black Book Networks B.V. receives a license to use this information for the service and everything that goes with it, including advertisements for the service.

5.3 The license of the previous clause, excluding your name and photo, remains in force till termination of this agreement or deleting your account. Black Book Networks B.V. can still use your name and photo for Yearn processes you were part in.

5.4 You may change information you publish or store using the service at your own discretion. Removal is however not possible.

5.5 Black Book Networks B.V. does not accept unsolicited ideas or other suggestions from you or other parties to avoid any potential misunderstandings.

If you send information to Yearn, for example a bug report, a suggestion for improvement or other, you grant Black Book Networks B.V. a perpetual and unlimited license to use this information for the service.

5.6 Black Book Networks B.V. shall refrain from accessing data you store or transfer using Yearn, unless this is necessary for a good provision of the service or Black Book Networks B.V. is forced to do so by law or order of competent authority. In these cases Black Book Networks B.V. shall use its best efforts to limit access to the information as much as possible.

5.7 In case Black Book Networks B.V. discovers your contributions have been copied by third parties in combination with contributions of others, then Black Book Networks B.V. is authorized to take legal action against such copying under its own or your name. All costs must be borne by Black Book Networks B.V. but you must offer your cooperation if necessary. This clause does not forbid you from publishing your contributions elsewhere but is aimed at allowing Black Book Networks B.V. to act against copying of (substantially) all contributions to Yearn.

6 CONTENT AND USER MATERIAL

6.1 We don’t make any warranty or representation about content, including as to whether or not the content of Yearn is accurate, complete or up to date. As well, we don’t complete or up to date, and we do not make the content available for any particular purpose.

6.2 Black Book Networks B.V. accepts no responsibility for any content delivered or displayed through use the services that has been licensed to us by any third party, or any user material (as defined in 5.3). This includes (but is not limited to) defamatory publications, offensive content or content which infringes the rights of a third party (include intellectual property rights or privacy rights).

Any views or opinions within the content are those of the individual author(s) and are neither endorsed by us nor representative of our opinions.

6.3 Black Book Networks B.V., is not responsible for any contact or communication between you and any other users of Yearn, or for any data, information or other user generated content (including messages, posts, updates and information, whether public or private) which you contribute, comment or post online when using the services of Yearn (user material).

6.4 User material is not moderated or vetted by us and nor does it represent our opinions or values. It is your responsibility to ensure that any user material you create or contribute complies with the EULA. Material created by other users should not be relied upon and we accept no liability to you or any third party for the content or accuracy of any user material.

7 COMPENSATION

Black Book Networks B.V is at any time entitled to change its prices and fees as determined in the terms for Superconnectors and terms for Clients.

8 LIMITATION OF LIABILITY

8.1 Except in case of intentional misconduct or gross negligence Black Book Networks B.V., shall not be liable for the behaviour of its users, the use of the service or any damages in connection therewith.

8.2 Black Book Networks B.V. in no event is liable for indirect damages, consequential damages, lost data, missed savings, lost profits or damages through business interruption.

8.3 Damages may only be claimed if reported in writing to Black Book Networks B.V. at most two months after discovery.

8.4 In case of force majeure Black Book Networks B.V. is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

8.5 Black Book Networks B.V. accepts no liability or responsibility for any content delivered or displayed through the services of Yearn that has been licensed to us by any third party, or any user material (article 7). This includes (but is not limited to) defamatory publications, offensive content or content which infringes the rights of a third party (include intellectual property rights or privacy rights).

Any views or opinions within the content are those of the individual author(s) and are neither endorsed by us nor representative of our opinions.

8.6 Black Book Networks B.V. is no case liable for any decision or choice users (Clients, Superconnectors and Talents) make in the process, even if those negatively effect (the business/organisation of) other users.

9 TERM AND TERMINATION

9.1 This agreement enters into force as soon as you first use the service and then remains in force until terminated.

9.2 Black Book Networks B.V. is at any time entitled to terminate the agreement by not using Yearn you’re supposed to according the terms of use or other terms of Yearn.

10 CHANGES TO TERMS

10.1 Black Book Networks B.V. may change or add to these and other terms and conditions as well as any prices at any time.

10.2 Black Book Networks B.V. shall announce through the service changes or additions at least fourteen days before their taking effect.

10.3 f you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Yearn after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

11 MISCELLANEOUS

11.1 Dutch law applies to this agreement.

11.2 Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Yearn or Black Book Networks B.V. shall be brought before the competent District Court of Amsterdam.

11.3 For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Yearn service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.

11.4 The version of any communication of information as recorded by Black Book Networks B.V. shall be deemed to be authentic, unless you supply proof to the contrary.

11.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

11.6 Black Book Networks B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Yearn or the associated business activities.

11.7 Yearn may not be accessible from all countries or regions, nor available in all languages. We provide no warranty or promise that the service will be operational or appropriate in all locations or that they will be in compliance with local laws. You are responsible for ensuring that by entering into this terms and using the service of Yearn you are in compliance with local laws.

11.8 When using Yearn as a Superconnector or as a Client, the terms and conditions for Superconnector respectively for Clients are applicable.

11.9 Obligations, which by their nature are intended to continue also after the expiry of the Agreement, retain their effect thereafter. These obligations include inter alia: provisions with regard to liability and duty of confidentiality.

12 CONTACT

If you have any questions or require more information, please ask us:

Black Book Networks B.V.
Claude Debussylaan 175-177 1082 MC Amsterdam
legal@yearn.com

Version September 2016

TERMS AND CONDITIONS FOR SUPERCONNECTORS

Great you are using the Yearn as a Superconnector. Yearn is offered over the internet by the company Black Book Networks B.V.. A company registered in the Netherlands (COC 64565483). Officially located at Claude Debussylaan 175-177, 1082 MC in Amsterdam (the Netherlands).  

The use of Yearn as a Superconnector is subject to the below terms and conditions. Using Yearn constitutes acceptance of these terms and conditions, as well as for our privacy statement and cookies policy. Be aware that by using Yearn in any other role of user (for example as a Client), the terms for Clients are applicable as well.

Please read our terms carefully, they may be revised from time to time. By using Yearn the most recent version shall take effect. We recommend you to print a copy of these terms for future reference. We can also send you a copy at your request (legal@yearn.com).

Deviations from these terms and conditions is possible only by means of written confirmation by Black Book Networks B.V..

Article 1 Definitions of terms and applicable conditions

Article 2 The agreement

Article 3 Use of the Superconnector seat

Article 4 Fee

Article 5 Liability

Article 6 Term and termination

Article 7 Duty of confidentiality

Article 8 Changes to terms

Article 9 Applicable law and disputes

Article 10 Miscellaneous provisions

Article 11 Contact

1 DEFINITIONS OF TERMS AND APPLICABLE CONDITIONS

1.1 These terms and conditions are applicable to all agreements between Superconnector and Black Book Networks B.V. and furthermore to all legal relationships which ensue from these agreements, as well as to all non-contractual relationships between parties, in particular wrongful act.

1.2 In these general terms and conditions the following terms have the following meanings:

  • Superconnector: Person, officially selected by Yearn, who receives a notification of a Talent request and recommends Talent via Yearn to Client.
  • Client: The party who does or did a Talent Request via Yearn and/or bought a Job Spot.
  • Talent Request: Giving Yearn the explicit assignment to recommend Talent by Superconnectors.
  • Talent: Person who is recommended by a Superconnector or introduced to the Yearn platform.

All the amounts referred to in these terms and conditions exclude VAT.

1.3 Clauses derogating from these terms and conditions will only apply if and insofar as these have been expressly accepted in writing by Black Book Networks B.V..

1.4 Black Book Networks B.V. may change or add to these terms and conditions as well as any prices at any time and shall announce through the service changes or additions at least fourteen days before their taking effect. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Yearn after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

1.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

1.6 In case specific articles in these terms are conflicting with articles in other terms of Yearn, these terms have priority in case you are using Yearn as a Superconnector.

2 THE AGREEMENT

2.1 There is explicitly no assignment established or obligation to pay between Superconnector and Black Book Networks B.V. until the recommended candidate by Superconnector is hired by Client.

2.2 Superconnector will in no way be compensated for the amount of effort he/she invests.

2.3 There is no intention to enter an employment contract with each other in whatsoever manner.

3 USE AND OBLIGATIONS OF THE SUPERCONNECTOR SEAT

3.1 You can only use Yearn as a Superconnector when accepted by Black Book Networks B.V. and having access to the Yearn platform.

3.2 By receiving Talent Requests as a Superconnector, you exclusively and only recommend Talents through the services of Yearn. It is specifically forbidden to approach Client yourself or tell others about the specific Talent Request or organisation and/or request of Client with any other goal than recommending Talent via the Yearn platform. Breaching this prohibition will be seen as a breach of your duty of confidentiality (article 5) and gives Black Book Networks B.V. the possibility to recall your Superconnector seat immediately.

3.3 By receiving a notification of a Talent Request, Superconnector gets the opportunity to recommend suitable Talents without obligation to recommend Talents for Superconnector, or the obligation to hire those Talents for Client. With recommending a Talent that is already recommended by another Superconnector to the Yearn platform, the first Superconnector that recommended this Talent for a specific job will be assigned as Superconnector for this particular process.

3.4 Superconnector is aware that Client can ‘close’ its job at any time and with that deprive the possibility for a Superconnector to recommend Talent any time. Any inconveniences are completely at Superconnector its risk.

3.5 With accepting the position of Superconnector you will follow the rules as explained in the do’s and don’ts for Superconnectors.

3.6 Yearn is entitled to withdraw your position as Superconnector at any time.

4 Payout

4.1 If a Superconnector recommends a talent that is hired by a client, the Superconnector will receive a success payout based on the gross annual salary of the recommended talent:

Salary Superconnector Payout
Up to €40k €2,500
€40 – 60k €4,000
€60 – 80k €6,000
€80 – 100k €8,000
€100k and more €10,000

4.1.1 Payment of this payout will take place the exact day the Talent starts at the Client, but can only take place after Superconnector provided Black Book Networks B.V. with a valid invoice or the requested information for payments according Dutch law.

4.2 All success fees are on a no cure no pay basis per hire, and impervious to further negotiation.

4.3 You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to receiving this fee.

4.4 Black Book Networks B.V. will notify the authorized Tax Authority about this payment.

5 LIABILITY

5.1 Yearn does not act as an agent for the purposes of the Talent Request process. Yearn merely provides Superconnectors and/or Talents a location and the software tools to enable them to find and connect with Clients and the other way around. Superconnectors and Clients are solely responsible for any issues arising from the use of the Yearn platform or their use of the website and/or service.

Any agreements created between a Superconnector and/or (its) Talent and a Client are not binding on Black Book Networks B.V.. Black Book Networks B.V. is not liable for, or obligated to enforce, any agreements between a Client and a Talent. You will not consider Black Book Networks B.V, nor will Black Book Networks B.V. be construed as, a party to such agreements, whether or not Black Book Networks B.V, receives some form of remuneration in connection with the agreements, and Black Book Networks B.V, will not be liable for any costs or damages arising out of or related to such transaction.

No contractual obligations or offers are created between the Superconnector and/or (its) Talent and a Client through the use of the platform of Yearn. The Client is not obligated to accept a recommended Talent or any recommendation at all. Additionally, Talent Requests submitted by a Client to a Superconnector do not constitute an offer, acceptance or binding agreement on the Client. At the end of the Talent Request process, the Talent may choose which Client, if any, he or she wishes to proceed with.

5.2 Black Book Networks B.V. shall not be liable for the behaviour of its users, the use of the service, or any damages in connection therewith.  

5.3 Black Book Networks B.V. in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.

5.4 Black Book Networks B.V. is in no case liable for using the Superconnector seat incorrectly by Superconnector, or for any third-party claims towards Yearn of Superconnector by using Yearn as a Superconnector.

5.5 Damages may only be claimed if reported in writing to Black Book Networks B.V. at most two months after discovery.

5.6 In case of force majeure Black Book Networks B.V. is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

6 TERM AND TERMINATION

6.1 This agreement enters into force as soon as you are accepted as a Superconnector by Black Book Networks B.V. and then remains in force until terminated.

6.2 Black Book Networks B.V. is at any time allowed to recall your position as a Superconnector in case of not following the rules or for any other reason and terminate the agreement. As from the moment you are notified of this recall by yearn you won’t receive any Talent Requests and there is no longer possibility to recommend Talents. Black Book Networks B.V. can not be held for any inconveniences which may come with that.

6.3 A Superconnector can recall its Superconnector seat an any time, by informing Black Book Networks B.V. in writing, any recommended Talents that are already recommended to jobs will stay in those processes.

7 DUTY OF CONFIDENTIALITY

7.1   Superconnector has  a  duty  of  confidentiality  with  regard  to  the information regarding Yearn, (Black Book Networks B.V.) Clients and Talent Requests. All information (in the broadest sense of the word) regarding Yearn and Client is strictly confidential.

7.2 This duty of confidentiality continues for the Talent Requests to a Superconnector, even when Superconnector is no longer connected as a Superconnector to Yearn.

7.3 Breaching this duty of confidentiality can have an immediately recall of your Superconnector seat as consequence.

8 CHANGES TO TERMS

8.1 Black Book Networks B.V. may change or add to these terms and conditions as well as any prices at any time.

8.2 Black Book Networks B.V. shall announce through the service of Yearn changes or additions at least fourteen days before their taking effect.

8.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Yearn after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

9 APPLICABLE LAW AND DISPUTES

9.1 The law of the Netherlands applies to all agreements between Superconnector and Black Book Networks B.V., also if the agreement has an international character.

9.2 All disputes – including those which are only considered as such by one of the parties involved – by reason of this agreement of agreements ensuing therefrom, between yearn and Superconnector which might arise, will be settled by The Amsterdam District Court with jurisdiction.

9.3 Apart from what is stated in Article 9.1 and 9.2 of these terms and conditions, yearn reserves the right to summon Superconnector before the competent court of the residence or domicile of the Superconnector.

10 MISCELLANEOUS PROVISIONS

10.1 Obligations, which by their nature are intended to continue also after the expiry of the Agreement, retain their effect thereafter. These obligations include inter alia: provisions with regard to liability and duty of confidentiality.

10.2 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

10.3 Black Book Networks B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of yearn or the associated business activities.

10.4 The Services may not be accessible from all countries or regions, nor available in all languages. We provide no warranty or promise that the service will be operational or appropriate in all locations or that they will be in compliance with local laws. You are responsible for ensuring that by entering into this EULA and using the service of yearn you are in compliance with local laws.

11 CONTACT

If you have any questions or require more information, please ask us:

Black Book Networks B.V.
Claude Debussylaan 175-177 1082 MC Amsterdam
legal@yearn.com

Version September 2016

TERMS AND CONDITIONS FOR CLIENTS

Great you’re using Yearn as a Client. Yearn is offered over the internet by the company Black Book Networks B.V.. A company registered in the Netherlands (COC 64565483). Officially located at Claude Debussylaan 175-177, 1082 MC in Amsterdam (the Netherlands).  

By using Yearn as a Client the below terms and conditions are applicable. Using Yearn constitutes acceptance of these terms and conditions, as well as for our privacy statement and cookies policy. Be aware that by using Yearn in any other role of user (for example as a Superconnector), the terms for Superconnector are applicable as well.

Please read our terms carefully, they may be revised from time to time. By using Yearn the most recent version shall take effect. We recommend you to print a copy of these terms, or we can also send you a copy at your request (legal@yearn.com).

Deviations from these terms and conditions is possible only by means of written confirmation by Black Book Networks B.V..

Article 1 Definitions of terms and applicable conditions

Article 2 The agreement

Article 3 Eligibility

Article 4 Account

Article 5 Payment terms

Article 6 Liability

Article 7 Term and termination

Article 8 Duty of confidentiality

Article 9 Changes to terms

Article 10 Applicable law and disputes

Article 11 Miscellaneous provisions

Article 12 Contact

1 DEFINITIONS OF TERMS AND APPLICABLE CONDITIONS

1.1 These terms and conditions are applicable when accepted by Client when doing a Talent Request at Yearn and applicable to all agreements between Clients and Black Book Networks B.V. (further referred to as Yearn) and furthermore to all legal relationships which ensue from these agreements, as well as to all non-contractual relationships between parties, in particular wrongful act.

1.2 In these terms and conditions the following terms have the following meanings:

  • Client: The party who does or did a Talent Request via Yearn and/or bought a Job Spot.
  • Talent Request: Giving Yearn the explicit assignment to recommend Talent.
  • Job Spot: The subscription model of Yearn which allows Clients to activate jobs at the Yearn platform.
  • Talent: Person who is recommended by a Superconnector or introduced to the Yearn platform.
  • Superconnector: Person, officially selected by Yearn, who receives a notification of a Talent Request and recommends Talent via Yearn to Client.

All the amounts referred to in these terms and conditions exclude VAT.

1.3   Clauses derogating from these terms and conditions will only apply if and insofar as these have been expressly accepted in writing by Yearn.

1.4 Black Book Networks B.V. may change or add to these terms and conditions as well as any prices at any time and shall announce through the service changes or additions at least fourteen days before they’re taking effect. The terms at the date of doing a Talent Request are leading for that particular Talent Request.

1.5 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

1.6 In case specific articles in these terms are conflicting with articles in other terms of Yearn, these terms have priority when you are using Yearn as a Client.

2 THE AGREEMENT

2.1 By buying a Job Spot and/or doing a Talent Request this agreement between Yearn and Client is automatically established.

2.2 This agreement is solely established between Black Book Networks B.V. and Client. There is explicitly no legal agreement between Superconnector and Client.

2.3 When doing a Talent Request as a Client you will follow the rules as explained in the do’s and don’ts for Clients.

3 ELIGIBILITY

3.1 Acting as a Client at Yearn is intended solely for persons who are 18 or older. Any use of this option by anyone under 18 is expressly prohibited. As a Client you represent and warrant that you are 18 or older.

3.2 With acting as a Client you make sure you are authorized to make such decisions, which means authorized to pay the indebted fee and buying a Job Spot. You personal are obliged and held responsible to pay the indebted fee.

4 ACCOUNT

4.1 In order to do a Talent Request, you must first register to create a personal Yearn account and become a Client by buying a Job Spot.

4.2 You authorize Black Book Networks B.V., directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address, bank account or attempting to screen your information against third party databases.

5 PAYMENT TERMS

5.1 Posting a job at Yearn and doing a Talent Request requires a Job Spot per job. In a Job Spot, Client can post active jobs which needs filling. A Job Spot can be used multiple times times for different jobs. Without a Job Spot, a job can not be activated by Yearn.

5.1.1 Yearn offers Clients three subscription-packages to obtain Job Spots, according an annual or monthly subscription, according the following options:

a) Choosing for an annual subscription plan to access the Yearn platform will immediately charge you €500 for one Job Spot (Start), €2,000 for five Job Spots (Grow) and €3,000 for ten Job Spots (Scale) at the Yearn platform. Annual subscriptions run for one year and will be automatically renewed for the same subscription period after twelve months, if not cancelled at least one calendar month before the subscription period is ending. To cancel your subscription, Yearn must be informed in writing (legal@yearn.com).

b) Choosing for a monthly subscription plan to access the Yearn platform will charge you monthly €75 for one Job Spot (Start), €300 for five Job Spots (Grow) and €450 for ten Job Spots (Scale) at the Yearn platform.

Monthly subscriptions run for at least three months and will be automatically renewed per month, if not cancelled at least one calendar month before the subscription period is ending. To cancel your subscription, Yearn must be informed in writing (legal@yearn.com).

5.1.2 Subscriptions can be upgraded at any time. Downgrading your subscription plan is only possible after the end of your current subscription plan, by informing Yearn in writing. No refunds will be made.

5.1.3 Subscriptions are always paid up front via the Yearn platform and charged by credit card or invoice via the system. When choosing payment by credit card, immediate payment will be charged. A valid credit card is required for this option. Invoices must be paid according article 5.6 of these terms. By choosing this option, an immediate obligation to pay the amount of the chosen subscription plan will exist.

5.1.4 An active Job Spot acquires the Client the possibility to activate its job on the Yearn platform, so Yearn can share it with its (relevant) Superconnectors. Job Spots can be used multiple times during your subscription period. Recommended Talent by Superconnectors will be shared with you. There comes explicitly no guarantee that Talent will be shared with you, by having an active job on the Yearn platform. With ending of your subscription plan, Talent recommended by Superconnectors will no longer be shared with you.

5.2 With hiring a Talent recommended to a Client by a Yearn Superconnector after a successful Talent Request, a success fee will be charged by Yearn to Client with as invoice date the day Talent is hired.

5.2.1 The success fee will be charged according the gross annual salary of the Talent that is hired, and is calculated according the gross annual salary of the Talent:

Salary indication Pricing
Up to €40k €4,000
€40 – 60k €6,000
€60 – 80k €8,000
€80 – 100k €10,000
€100k and more €15,000

5.3 Client agrees on the following obligations coming with doing a Talent Request:

5.3.1 Client informs Yearn pro-actively about all steps in the interview process according the questions and/or process at the Yearn.com dashboard.

5.3.2 When hiring a Talent via Yearn, Client is held to inform Yearn the exact day the Talent signed at or at behalf of Client’s company, and share the exact details of the offer, to calculate the exact fee Client is indebted to Yearn. Sending this offer information later will nog postpone the invoice date as referred to in article 5.6.

5.3.3 Article 5.2 and 5.3 are in accordance applicable when hiring a Talent within 12 months after being recommended via Yearn or one of Yearns’ superconnectors. When refusing to inform Yearn about hiring such a Talent within 14 days after Talent is hired, a fee of 20% over the gross annual salary will be directly indebted to Yearn. Client keeps the obligation to send Yearn the exact information.

5.3.4 The obligation to pay any fee after a successful hire through Yearn shall survive any termination of this agreement.

5.4 The day of hiring as mentioned in these terms is the exact day the Talent (orally) accepts an offer made by of on behalf of Client.

5.4.1 Gross annual salary includes yearly base salary, secondary benefits (including bonuses, car (allowance) etc.) and holiday allowance.

5.5 All fees and prices are impervious to further negotiation.

5.6 Invoices must be paid within 14 calendar days after the invoice date. If this payment term is exceeded the Client will be in default by operation of law and will owe default interest at the statutory commercial interest rate that applies at that time pursuant to Book 6, Section 119a of the Dutch Civil Code (Burgerlijk Wetboek). The Client is not entitled to any set-off suspension.

5.7 If the Client fails to make payment promptly and in full the Client will be obliged to reimburse Black Book Networks B.V. for any and all judicial and extrajudicial costs related to collecting the claim, in which context extrajudicial costs will be equal to at least 15% of the amount overdue.

5.8 Payment made by the Client will always be applied first in respect of any and all interest and costs payable, and subsequently in respect of the invoies that have been outstanding the longest, even if when making payment the Client explicitly states that the payment relates to a later invoice.

5.9 You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply by paying the obligations regarding these terms.

6 LIABILITY

6.1 Yearn does not act as an agent for the purposes of the Talent Request process. Yearn merely provides Superconnectors and/or Talents a location and the software tools to enable them to find and connect with Clients and the other way around. Superconnectors and Clients are solely responsible for any issues arising from the use of the Yearn platform or their use of the website and/or service.

Any agreements created between a Superconnector and/or (its) Talent and a Client are not binding on Black Book Networks B.V.. Black Book Networks B.V. is not liable for, or obligated to enforce, any agreements between a Client and a Talent. You will not consider Black Book Networks B.V, nor will Black Book Networks B.V. be construed as, a party to such agreements, whether or not Black Book Networks B.V, receives some form of remuneration in connection with the agreements, and Black Book Networks B.V, will not be liable for any costs or damages arising out of or related to such transaction.

No contractual obligations or offers are created between the Superconnector and/or (its) Talent and a Client through the use of the platform of Yearn. The Client is not obligated to accept a recommended Talent or any recommendation at all. Additionally, Talent Requests submitted by a Client to a Superconnector do not constitute an offer, acceptance or binding agreement on the Client. At the end of the Talent Request process, the Talent may choose which Client, if any, he or she wishes to proceed with.

6.2 Black Book Networks B.V. will never be liable for direct or indirect damage which is or will be caused by a Superconnector or Talent. Client is personally responsible to check if the Talent has the possibly required (work) permits and/or other requested documents in his or her possession. Black Book Networks B.V. will never be party in the agreement between Client and a Talent.

6.2 Black Book Networks B.V. is not liable for any damage, loss or delay ensuing from an attributable breach, wrongful act or on any other ground unless there has been an intentional act or omission or wilful recklessness on the part of Black Book Networks B.V. Black Book Networks B.V also is not liable for any damage, loss or delay caused by Superconnector or a Talent.

7 TERM AND TERMINATION

7.1 This agreement enters into force the moment your subscription period at Yearn starts and then remains in force until terminated.

7.2 Termination will take place with the ending of your subscription period, but will never terminate any outstanding required payments or fees.

7.3 This agreement will be deemed to never have been terminated in case Client hires a Talent within a year after being recommended throughout Yearn.

8 DUTY OF CONFIDENTIALITY

8.1   Client has  a  duty  of  confidentiality  with  regard  to  the information regarding Yearn and recommended Talents. All information (in the broadest sense of the word) regarding Yearn and Talent is strictly confidential.

8.2 This duty of confidentiality continues for the recommended Talents to Client, even when Talent is not invited for an interview.

9 CHANGES TO TERMS

9.1 Black Book Networks B.V. may change or add to these terms and conditions as well as any prices at any time.

9.2 Black Book Networks B.V. shall announce through the service changes or additions at least fourteen days before their taking effect.

9.3 If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Yearn after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

10 APPLICABLE LAW AND DISPUTES

10.1 The law of the Netherlands applies to all agreements between Client and

Yearn, also if the agreement has an international character.

10.2 All disputes – including those which are only considered as such by one of the parties involved – by reason of this agreement of agreements ensuing therefrom, between Yearn and Client which might arise, will be settled by The Amsterdam District Court with jurisdiction.

10.3 Apart from what is stated in Article 9.1 and 9.2 of these General Terms and Conditions, Yearn reserves the right to summon Client before the competent court of the residence or domicile of the Client.

11 MISCELLANEOUS PROVISIONS

11.1 Obligations, which by their nature are intended to continue also after the expiry of the Agreement, retain their effect thereafter. These obligations include inter alia: provisions with regard to liability duty of confidentiality.

11.2 In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

11.3 Black Book Networks B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Yearn or the associated business activities.

12 CONTACT

If you have any questions or require more information, please ask us:

Black Book Networks B.V.
Claude Debussylaan 175-177 1082 MC Amsterdam
legal@yearn.com

Version September 2016