Terms and conditions
Article 1 Definitions
The following definitions apply in these Terms and Conditions:
Access details: the use of the username in combination with the password that gives the user/placer access to the website.
Assignment: the totality of agreements between the placer and Oanax to find a suitable candidate for a specific position within their organization.
Oanax: you enter this contract with Oanax.
Oanax education: a part of Oanax particularly for educational purposes.
Contact details: this refers to the name- and address and other contact details (such as telephone numbers and email addresses) of users and placers.
Electronic data traffic: the sending and/or receiving of information and statements via electronic means of communication such as: e-mail, EDI (Electronic Data Interchange) or interactive internet pages.
Employer: the person or organization that consults the CV/user profile-database for the purpose of finding a suitable user for an internship or other graduation assignment.
Event: an on the website www.oanax.com registered assignment within and/or on behalf of the organization of the placer. Not to be qualified as a (first) job after graduating or side job next to their studies. Part of offer.
Implementation project: an on the website www.oanax.com registered assignment within and/or on behalf of the organization of the placer. Which can be qualified as an extra activity for the user next to their studies. Part of offer.
Placer: an organization/employer who has placed an offer on the website.
Internship: an on the website www.oanax.com registered internship possibility within and/or on behalf of the organization of the placer. Not to be qualified as a (first) job after graduating or as a side job next to their studied. Part of offer.
Match: the conclusion of an agreement between a user and an placer. The way the agreement is reached (verbally, in writing or via electronic data traffic) is irrelevant.
Membership: a membership with Oanax runs for 1 calendar year and is entered for an indefinite period. You can adjust or cancel your membership accordingly until the 31st of December.
Research case: an on the website of www.oanax.com registered assignment within and/or on behalf of the organization of the placer. Not to be qualified as a (first) job after graduating or a side job next to their studies. Part of offer.
Research project: equal to research case.
Side job: an on the website www.oanax.com registered job within and/or on behalf of the organization of the placer. Part of offer.
Student: any person who is enrolled as a student at a recognized MBO, HBO or WO-university in the Netherlands and/or private school/course and has registered on the website www.oanax.com.
Offer: this includes all categories that can be chosen from and can be placed on the website, such as: a research project or -case, an implementation project, internship, side job, and event.
Organization profile: a short description of an organization (type of company, size, activities, etc.) that is placed on the website by means of an electronic form that the placer has filled in.
User: a user (student) of the website www.oanax.com.
User profile: a short description of a student (name and address, education, work experience, etc.) that is placed on the website by means of an electronic form that they have filled in themselves.
Wallet: a digital component that gives the placer insight in the amount of offers that he/she can still place on the website.
Website: the website www.oanax.com.
Article 2 Applicability
These Terms & Conditions apply to all offers, activities, quotations, contracts, and assignments between Oanax and (potential) employers to students who have registered are registered with Oanax.
The applicability of Terms & Conditions of the contracting party of Oanax are hereby expressly ruled out.
Only with a written agreement it is possible to deviate from these Terms & Conditions.
Oanax is entitled to unilaterally change these Terms & Conditions. Any changes will be announced via the website or via e-mail, at least 30 days before the changes take effect. If the user does not agree with the changes, they are entitled to make this known to Oanax within 30 days (by e-mail or registered letter), in which case the user has the right to immediately terminate the agreement with Oanax. Any fees already owed to Oanax and/or invoiced by Oanax remain indebted and become immediately claimable.
Article 3 Placement by user
The placer ensures the placement of his/her own organizational profile and any offer on www.oanax.com by completing and sending the electrical forms indicated the website. This can be sent via electronic data traffic or, if there are further agreements, by e-mail to Oanax.
The placer is fully responsible for the correct and complete specification of their own information, and for keeping it up to date, when included in our organizational profile databases.
The information provided by the placer can be modified by Oanax at its own discretion. Oanax has the right to refuse organizational profiles or offers when the information contained therein can be considered illegal, unethical or inappropriate.
The user also ensures the placement of his/her own user profile on the website. They remain responsible for a correct and complete specification of the information. The information provided by students is not modified by Oanax.
Article 4 Realization of the match
4.1 Placement offer by employers
The offer must meet at least one of the following criteria:
Accurate, complete and relevant: the information is correct and complete and relevant to the offer.
Educational: the offer is educational for the user in the sense that he can gain useful experiences and information appropriate to his/her level.
Fun: the offer takes place in a pleasant environment where the user can gain contacts.
A maximum number of offers can be placed on the website by the placer. This is made clear in the organizational profile. To place more offers, the placer must obtain written or electronic permission from Oanax, which is then released in the placer’s wallet.
In the case of incorrect placement of an offer, for example an internship or part-time job under the category of a research project or case, the offer will be removed from the website and a message will be sent to the placer about this. For this offer, the amount will be charged for the category to which the relevant offer belongs as indicated on the website.
On www.oanax.com, users can respond to the offers placed by organizations by browsing through the organizational profiles. In this database contact information has been anonymized and is not available to the user when searching.
If a user responds to an offer via the website, Oanax will receive a message. Oanax then automatically reports (by e-mail or otherwise) to the placer of the offer with the user profile of the relevant user (without contact details). The placer is expected to respond (by e-mail) within 10 workdays of receiving the user profile and report to Oanax whether he/she is interested in the user’s application.
If the placer reports to Oanax that he/she is interested (“the acceptance”), Oanax automatically send the user’s contact information.
An placer is also able to (if this has been agreed with Oanax) invite one or more users via the website to apply for an internship or graduation assignment. The placer can do this by searching the user profiles on the website. The user’s contact information is also anonymized.
Upon receiving the acceptance from the placer, Oanax then sends an e-mail to the relevant user, with (the location of) the organization profile and their offer. If the user subsequently accepts via Oanax, Oanax will send his/her contact details to the placer. Who is then required to contact the user within 10 workdays after receival.
If the placer does not comply with the aforementioned periods, Oanax has the right to change the offer’s status to “not available”, and/or to put the organizational profile of the placer on “not visible”.
In order to accept a user, the organization must have at least one membership of www.oanax.com or have paid for at least one offer.
Per acceptance, the placer uses one credit point (this could be by inviting a user for an interview). Upon acceptance, Oanax will ask whether the offer should remain active or whether the vacancy has been filled.
When the placer does not accept there are no costs involved. The offer will remain active for 2 months. Nevertheless, if the placer accepts after an indefinite period, Oanax will still charge the agreed amount to the placer or a credit point will be withdrawn from the account.
If, after the match has been established, the user or placer is unable to comply with one or more of the agreements made between them, the relevant party must inform his/her counterparty as soon as possible. Oanax has no responsibility or liability in this regard.
If the placer, after the match has been established, does not wish to have the offer fulfilled by the relevant user, the placer must also notify the user as soon as possible. The placer must also inform Oanax and state the reason. Oanax has no responsibility or liability in this regard.
Article 5 Use of data by organizations
After receiving the anonymized user profile from Oanax (as well as his/her contact details), the placer agrees to limit the use of the user’s data solely for the purpose of the relevant offer reported on the website, unless the user has given permission for other use of the data.
The user data consulted and obtained are always confidential and remain the property of Oanax and its partner websites. The placer is forbidden to offer the data to third parties in any way, unless this is necessary for the purpose described above.
Individuals and organizations are prohibited from using the user profile and CV databases for other purposes than filling in the relevant vacancies registered at www.oanax.com within their own organization and/or their client’s organization. Unless expressly agreed otherwise in writing with Oanax.
Article 6 Confidentiality and unauthorized use
6.1 Confidentiality of access details
For each assignment, the placer or user can view and keep track of his/her own details (including organizational or user profile, current applications, and received messages) online. To do this, one must enter their specified e-mail address as a username and choose a personal password at registration.
The user/placer for the confidentiality of the password. Oanax has no responsibility in this matter.
The user/placer is responsible for ensuring that this information does not fall into the hands of unauthorized persons or organizations. If this should be the case, the user/placer is obliged to report this to Oanax as soon as possible.
If Oanax discovers or has reason to believe that unauthorized third parties may be using the services and/or have access to the website by using the access details of a specific user, Oanax is allowed to take action and block access (by means of these access details), without prior notice to the user/placer. At the request of the user/placer, Oanax will provide a new password, provided there is no reason to believe that the unauthorized use was due to behavior or shortcomings of the relevant user/placer.
6.2 Unauthorized use
The placer refrains from unauthorized use of the website and/or services. More specifically, this means:
The placer will not leave any information on the website that is in violation of the law, good morals or social welfare;
The placer will not leave information about him/herself, their organization or their offer that is incorrect;
The placer will not leave any information on the website that infringes the intellectual property rights of third parties;
The placer will not use the website to spread viruses;
The placer will not use the website in such a way that the use of third parties is disrupted;
The placer will refrain from hacking and/or otherwise provide unauthorized access to the databases of Oanax;
If the placer acts in contrary to the above, Oanax reserves the right to terminate the agreement with the placer immediately without further notice or any judicial intervention and block the placer’s access to the services and the website.
Article 7 Implementation
The assignments given to Oanax only lead to effort obligations for Oanax and not results.
Oanax makes every effort to perform the assignment to the bet of its knowledge and ability.
Oanax is authorized to use the services of third parties for the execution of the assignment. This is only done with mutual consent.
Article 8 Electronic Data Traffic
Both parties consent to agreements concluded between them through electronic data traffic are binding. Information sent via electronic data traffic in any legal proceedings act as compelling evidence regarding the agreements between Oanax and its contracting party.
Both parties agree that in the event of a conflict between the content, form or the sending/receiving time of an electronic message sent by the user/placer, or of the information, content, form or sending/receiving time of the message received by Oanax or information received via the website, whether or not in combination with any related information as recorded in the administration and/or databases of Oanax, that this constitutes as binding evidence in any legal proceedings.
Article 9 Invoicing and payment
When placing an offer on the website by means of a membership or requesting contact details for an offer as described in article 4.4, the placer owes Oanax a fee as is stated on the website.
For the other services, as described in these Terms & Conditions and on the website or as specifically and explicitly agreed with Oanax, the placer owes a fee.
The placer agrees to communication, invoicing and automatic reminder via e-mail.
The placer is obligated to pay all invoices submitted by Oanax without settlement within 14 calendar days of the invoice date, unless explicitly agreed otherwise.
All stated or agreed upon rates are indicated in euros, and excluding VAT, taxes and/or levies. Unless explicitly agreed otherwise in writing.
The placer cannot rely on non-receipt due to possible spam filters and/or no valid or incorrect e-mail address and/or other possible reasons for not receiving the invoice. The responsibility lies with the placer.
The placer always has access to the invoicing on his/her own personal page on the website and are therefore always available to them.
Oanax reserves the right to regularly review rates. The amounts due must be transferred by the placer, stating debtor- and invoice number, to: NL68KNAB0255734719 in name of Oanax. Sphinxlunet 34D 6221 JH Maastricht.
Payments by the placer of amounts owed to Oanax to users or others are not binding and can never constitute grounds for debt settlement or setoff, unless expressly agreed otherwise in writing by Oanax and the placer when entering into agreement. Only payments to Oanax itself have a liberating effect.
If an invoice is not paid to Oanax within 14 calendar days after the invoice date, the placer will be in default of the law and will owe a contractual interest on the outstanding amount of 1 percent per calendar month. Part of a month is counted as a full month.
The invoice sent by Oanax (including any electronic copy of an invoice, whether sent electronically) counts as complete proof of the interest owed and the day on which the interest calculation starts.
All costs of collection in the event of late payment, including the costs of legal assistance, both in and out of court – granted by anyone – are entirely for the account of the placer without Oanax having to provide further evidence. The extrajudicial collection costs amount at least €250,-.
Article 10 Intellectual property
All copyrights, trademarks, trade names, database rights and all other intellectual property rights that rest on the software, website, the information on the website (with the exception of any copyright content of the user/organization profile, as well as logos, trademarks, and or other information originating from the placer/user displayed on the website, for which the placer/user hereby grants Oanax a continuous, non-exclusive right of use) and the services of Oanax belong exclusively to Oanax and/or its licensors.
Article 11 Duration of contract and cancellation
Contracts with Oanax are entered for an indefinite period, unless agreed otherwise. Cancellation must be made in writing to Oanax no later than one calendar month before expiry of the agreed term. Any fees already owed to Oanax and/or invoiced by Oanax remain due and will immediately become due upon cancellation. Upon termination of the agreement and/or late payment of the invoice(s), access to the website will be denied.
Article 12 Liability and disclaimer
If the placer fails to fulfil one or more of his obligations arising from the agreement with Oanax, the placer is obliged to compensate all resulting and related direct and indirect damage (including additional costs and actual costs of legal assistance), without further notice being required.
This clause is without any prejudice to Oanax’s right to institute any other claims against the placer, including the claim for compliance and to take other legal measures, such as invoking dissolution or a right to suspension (of which no further notice of default is required) nor any judicial intervention is required.
Oanax is not liable for any damage suffered by the placer regarding the abandonment of a match made by a user and/or the non-compliance or incomplete compliance by a user of a match and/or agreements made between the user and the placer.
Oanax has no responsibility and excludes all liability for the content, correctness, legality, completeness or timeliness of organization profiles, teacher profiles, offers, user profiles, CV’s, banners, links, and other information published on the website by users, placers, or third (counter)parties of Oanax or about the identity, quality, and reliability of users, placers, and third parties who profile themselves via the website and/or services.
Oanax is not liable if the personal password is misused for access to the websites and services. The placer/user indemnifies Oanax against any liability by third parties in connection with unlawful access to the website and/or other websites using access details.
Oanax is not responsible for the number of applications or the associated process.
Oanax is not liable for any damage or losses resulting from an incorrect selection of a user by an placer, or vice versa, as a result of an incorrect selection of a placement, graduation assignment, or employer by a user.
Oanax is not obliged to deliver a replacement user to an placer, if a user and/or third party does not adequately fulfil his/her task or does not comply sufficiently with the agreements made with the placer (and/or third party).
Oanax is not liable if it decides (whether or not on the basis of incorrect information) to refuse or remove an organizational profile and/or an internship/graduation assignment or to place it on “not available”, or if Oanax blocks the access to the website on the basis of unauthorized use.
If a user has received a reward from the placer that is lower than the reward to which he/she is entitled based on a collective agreement or other (legal) obligations made, the placer is thereby liable. At Oanax’s first request, the placer will indemnify Oanax in this regard against claims from users.
The placer is liable for all possible damages and costs – including tax damage and costs – that Oanax suffers as a result of the negligence of the employer’s obligations towards the user who’s performing the internship/graduation assignment. At Oanax’s first request, the placer will indemnify Oanax in this regard against claims from users and/or third parties.
Oanax takes great care of the careful handling of personal data and other information, in the manner that is stated in the privacy statement on our website and in accordance with applicable Dutch privacy legislation. Oanax cannot guarantee the incorrect or unlawful use by third parties that view data via the website or lawfully receive data from Oanax. Oanax completely excludes any liability for this, to the extent permitted by applicable (privacy) legislation. The placer indemnifies Oanax against all costs and damages (including claims from third parties) regarding the incorrect or unlawful use of (personal) data by the user or by third parties who have obtained this information through the user.
Oanax is not liable for any damage resulting from the decommissioning or malfunction of the website or facilities of an internet provider and/or telecommunications provider.
Oanax is not liable for refusing or not placing a banner, company presentation or other forms of advertising via Oanax, nor for removing or terminating forms of communication via the website or services. The other party indemnifies Oanax against all damages and costs, including claims from third parties, on the grounds that communication placed, distributed or voiced via Oanax can be considered infringing, illegal, unethical or offensive.
When carrying out an assignment for the recruitment and selection of users for an internship/graduation assignment, Oanax is not liable for damage suffered by the placer or a third party due to the fact that the user appears not to meet the set requirements, including not having a required diploma or other license.
If, despite the exclusion of its liability under this article, Oanax bears any liability, this liability is always limited to direct damage resulting from the claim with a maximum of €250,- per claim, or in the case of an assignment to recruit and select a user for an internship/graduation assignment, a maximum of 30% of the rate that could be invoiced by Oanax on the assignment in question.
Without prejudice to any other clause regarding timely complaint, any possible right to compensation by Oanax lapses if the other party to Oanax does not arise within a reasonable period of time, but no later than within three months of the damage or the knowledge of the damage, has submitted a written and motivated complaint in this regard to Oanax, whereby the burden of proof that the complaint was submitted on time rests with the other party.
Exclusion and limitations of liability apply only to the extent that there is no intention or gross negligence on the part of Oanax and/or its staff.
Article 13 Privacy Statement
13.1 Purpose of the data
Oanax uses your data for statistical purposes and to get an impression of your needs in order to provide you with better service. Your private data will be detached from this. In addition, Oanax uses the data provided by users for the purpose of providing services via the website or otherwise.
13.2 Recipient data
Your private data will remain anonymous if you choose, through contact requests, to share your data with another Oanax user. Your data will never be shared with other parties without your consent.
13.3 Storage of data
The data you entered yourself via the online forms on Oanax and the contact requests between Oanax users are stored by Oanax. Data on Oanax will be retained for as long as Oanax exists, provided that the user’s own data is deleted. It is always possible to delete your account and private data from our databases.
Right to view
You are always entitled to view your own data known to Oanax. These can be found via your personal page that you as a user reach by entering your access details.
Right to rectification
Oanax makes it possible for you to review your data yourself and, if necessary, to update and correct it. These can be adjusted via the personal page that you as a user reach by entering your access details.
Right to delete your data
You always have the right to delete your data. You also do this via the personal page that you reach by entering your access details.
Right to submit a complaint
You have the right to submit a complaint to the Dutch Data Protection Authority if you believe that Oanax does not handle your data correctly.
Oanax processes personal data on the grounds of a legitimate interest. Your information will never be sold to third parties. The data that is required to provide (such as your e-mail address) is the minimum data required to offer Oanax’s services. If this mandatory information is not provided, Oanax cannot offer the relevant service. If it is necessary to share data that you have shared with Oanax with parties other than those mentioned above, your permission will first be requested. Oanax reserves the right to disclose the information when required to do so by law or if Oanax deems it justified to comply with a legal request/process or to protect Oanax’s rights, property or security. In doing so, Oanax always tries to respect your right to privacy as much as possible.
Article 14 Final provisions
Agreements with Oanax are governed by Dutch law. Should a dispute arise from or in connection with the agreement with Oanax for the use of the services, both parties will first consult with each other before engaging any third parties. Disputes are settled by the court of the Utrecht district.
If one or more provisions of these Terms & Conditions prove not to be legally valid or cannot legally be applied, the other Terms & Conditions will continue to apply. The provisions that are not legally valid or cannot be legally applied will be replaced by provisions that are as close as possible to the provisions that need to be replaced.
The user/placer hereby declared that he/she has read and understood the above and thereby agrees to all Terms & Conditions and the Privacy Statement.