Terms of sale

Holyfield LLC (owner of the Hiring notes brand) offers a service, accessible online, that connects companies in need of recruitment with specialized recruiters who anonymously propose suitable candidate profiles and present them to the companies.

These General Terms and Conditions of Sale and Use aim to define the terms of use of the Hiring notes website, accessible at hiringnotes.com (hereinafter referred to as the "Site"), and the conditions and terms of sale of services offered by Holyfield, a limited liability company, with its registered office at Avenue Louise 523, 1050 Brussels, registered with the enterprises database under number 0758.957.494.

By registering on the Site, Companies and recruiters acknowledge that they are fully informed of the general terms and conditions of sale and that they are bound by all provisions of these terms and conditions.

1. Definitions

Each term beginning with a capital letter, whether used in the singular or plural form, has the meaning assigned to it in this article. "Subscription" : Monthly agreement concluded between the the recruiter or recruitment agency and hiring notes, as detailed in a quote. 

"Job posting" refers to any permanent, fixed-term, or project-based job offer posted on the Site by a Company. 

"Candidate" refers to any individual recommended by a recruiter and who has accepted to potentially be contacted by the recruiter. 

"Recruiter"refers to any individual or entity registered on the Site, specializing in recruitment, wishing to recommend and present Candidates to Companies that have posted a Job posting on the Site. Only individuals who are not subject to any legal and/or contractual restrictions prohibiting them from recommending Candidates or engaging in activities incompatible with this function (for example, an employee of a Company cannot be a recruiter) can be recruiters.

"Identification Data" refers to the information required by the Site from Registered Users at the time of registration, and provided by them.

"Hiring Company" refers to any private or public legal entity registered on the Site, posting a Job posting on the Site to receive Candidate recommendations from recruiters.

"Fee" refers to the success fee that the Company agrees to pay to the recruiter when the Company and a Candidate recommended by a Consultant decide to sign an employment contract.

"Service"refers to the matchmaking services offered by Hiring notes to Companies and recruiters.

"Hiring notes" refers to the brand owned by the Holyfield limited liability company, with its registered office at Avenue Louise 523, 1050 Brussels, registered with the enterprises database under number 0758.957.494.

"User" refers to any individual or entity using the Site without being registered on it.

"Registered User" refers to any Candidate, recruiter, or Company registered on the Site.

2. Purpose

This document constitutes the General Terms and Conditions of Sale and Use of the Service and aims to define the terms and conditions of use of the Service by the Company and the recruiter. All Users are advised to carefully read all the general terms and conditions of sale before using the Site and to ensure that they understand them, as they contain their rights and obligations. The general terms and conditions of sale constitute the contract between Hiring notes and the recruiter. Therefore, the recruiter's general terms and conditions of sale are expressly inapplicable. Any registration on the Site, its use, as well as the use of the Service offered by Hiring notes, constitutes express and unconditional acceptance of these general terms and conditions by the Company and the recruiter.

3. Services offered

For the hiring Company:

- Post job postings for free

- Receive a selection of candidate applications, proposed by recruiters according to the Company's needs

- Communicate with recruiters about the proposed candidate via a messaging system

For recruiters:

- Receive detailed job descriptions from companies

- Access an internal messaging system to directly communicate with the company after accepting a received CV

- Propose candidate recommendations to companies on the platform

- Propose their recruitment services to hiring companies

- Access a management interface with available open positions

4. Access and registration to the service

The Service is accessible on the Site via computer or mobile devices. To access the Service, the Hiring Company and/or the recruiter must log in to the Site and provide their email address and password. The use and access to the Service will differ depending on the status of the Registered User: Hiring Company or recruiter. Registration of the Hiring Company and/or recruiter is mandatory to benefit from the Service.

5. Registration

Registration for the Service is open to any individual who is of legal age and has legal capacity, or to any legal entity or public organization represented by an individual who has the authority to do so. Regarding recruiters, to be eligible to register for the Service, they must be a recruitment professional and, on the other hand, (i) not have any activity, whether employment-related or otherwise, incompatible with recommending Candidates or (ii) be subject to legal or contractual restrictions or prohibitions. The Hiring Company and/or the recruiter guarantee that the Identification Data they provide to the Site is accurate and true. They undertake to inform the Site of any changes to this Identification Data and to modify it themselves on the Site within their personal space, if necessary.

Hiring Notes does not systematically monitor the records but reserves the right to take appropriate measures if necessary. This is the case, for example, if the User acts in violation of these terms of use, additional conditions imposed by Hiring Notes, applicable legal rules, third-party rights or generally accepted conduct on the Internet. Please notify us of any violations by email at support@hiringnotes.com.

The content, information, and ads that appear on our site may contain errors. We provide this content without any guarantee of suitability, reliability, accuracy, or precision, both regarding our own content and the content provided by Users and third parties, including ads. Consequently, Hiring Notes cannot be held liable for any form of damage (direct or indirect) that the User may suffer due to the information present on the site.

In all cases, it is strictly forbidden to publish the following content on the site:

Any content deemed inappropriate or illegal. Illegal, illicit, harmful, misleading, threatening, insulting, excessively obscene, pedopornographic, racist, and/or generally contrary to public order and good morals content is considered inappropriate. This content does not necessarily have to be in violation of applicable law or third-party rights to be considered inappropriate.

Any content that infringes the intellectual property rights or image rights of other Users and/or third parties.

Any content that results from, refers to, and/or encourages the commission of criminal offenses.

The dissemination of content that may cause harm to other Users of the website. This includes the transmission of malicious software, such as computer viruses, malware, worms, Trojans, and cancelbots.

6. Information on identification and login

Once registered, the Hiring Company and/or the recruiter will have a unique identifier (their email address or their name and surname) and a password, which are completely personal and confidential and must not be disclosed to third parties. Except in the event of a technical failure of the Site, the Hiring Company and/or the recruiter are responsible for the use of their Identification Data by third parties or for any actions carried out through their personal account. An investigation to verify the accuracy of the information is initiated upon each registration, but Hiring notes does not have the technical possibility to verify the exact identity of the people who register on the Site. If a person suspects that their Identification Data is being used by a third party without their knowledge, they must promptly inform us.

7. Use of the messaging system

Hiring notes provides Hiring Companies and Recruiters with an internal messaging service to communicate and exchange information about the Companie's recruitment processes and specifically selected candidate profiles based on a Job posting by Hiring companies. Registered Users undertake to use the messaging system only for professional purposes. Users are informed that, in this context, the Company receives all messages exchanged by Registered Users. As the recipient, the Hiring Company has control over the use of the exchanged electronic messages, in compliance with applicable legal provisions.

The purposes of this control include, but are not limited to:

Prevention and punishment of illegal or defamatory acts, acts contrary to good morals, or acts that may harm the dignity of others;

Protection of the Company's economic, commercial, and financial interests, as well as the fight against practices contrary to these principles; 

Security and/or proper functioning of the computersystems, the Company's network, as well as the physicalprotection of the Company's facilities;

By accepting these Terms and Conditions of Sale and Use, the Registered User acknowledges being solely responsible for the data they disseminate and/or transfer and undertakes, particularly when using messaging:

- Not to disseminate defamatory, denigrating, insulting, obscene, violent, racist, and more generally, content that violates current legal or regulatory texts, the rights of individuals, public order, and good morals;

- Not to disseminate commercial advertising content (any link to a website, any phone number, any email address, or any other element that may compete with the Companymay be deleted without notice or compensation);

- To provide real, accurate, and up-to-date information at the time of entry, and in particular, not to use fake names, titles, or addresses, nor names, titles, or addresses without authorization;

- Not to make available or distribute illegal, reprehensible, or harmful information, programs, or elements (such as viruses, hacking or copying software).

8. Acceptance and modification of the general terms and conditions of sale

The Service is provided on the condition that the Hiring Company and/or the recruiter accept the general terms and conditions of sale. They are deemed to have accepted the general terms and conditions of sale by simply using the Service, which necessarily entails acceptance of the general terms and conditions of sale. Hiring notes reserves the right to deviate from certain clauses of the general terms and conditions of sale, depending on negotiations conducted with the Hiring Company or the Recruiter, by establishing specific conditions. In the event of a contradiction between the specific sales conditions and the general terms and conditions of sale, the specific conditions shall prevail.

The general terms and conditions of use apply for the entire duration of the Service.

The general terms and conditions of use that apply at the time of recruitment are those that were posted at the time the job posting was published on the website by the Hiring Company.

The Company reserves the right to modify the general terms and conditions of use at any time. Any modification of the general terms and conditions of use is notified electronically to the Company and the recruiter registered on the Site, who are free to refuse their application. In the absence of express refusal on their part, the updated general terms and conditions of use shall be applicable and shall apply to any use of the Service thereafter.

9. Financial Terms, guarantee and method of payment

For the company:

The Hiring Company advertises for free and only pays the fees related to the actual recruitment of candidates according to the financial terms indicated when the Advertisement is published.

If a recruiter presents a candidate to the Company and the Company was already aware of this candidate through another channel, the Company must inform the consultant within a maximum of 7 days and provide proof if necessary or requested.

For the recruiter:

- Recruiters get unlimited free access to the platform for a limited time. Once this period ends, they need to subscribe to our premium plan to continue using the platform.

Details of the subscription plans can be found on the "Pricing" page within the recruiter interface.

We use Stripe as financial services provider for managing our subscriptions.

10. Personal Data

Hiring notes is committed to protecting personal data and ensuring the highest level of protection in compliance with the EU Regulation 2016/679 General Data Protection Regulation ("GDPR"). For more information, see our Private Policy page.

11. Confidentiality

Hiring notes, the Hiring Company, and the Recruiter undertake, on their own behalf and on behalf of their employees, to consider confidential the data transmitted to them during the execution of the Service and for a period of 5 years thereafter, and not to use them for any purpose other than as specified in these General Terms and Conditions. This obligation of confidentiality does not apply to information that has become public or for which written authorization has been obtained from the party concerned.

12. Hiring Company 's Obligations and Responsibilities

The Hiring Company is responsible for any Advertisement itpublishes on the Site. It should only disseminate Advertisements and information that are accurate and correspond to a real Advertisement. It is prohibited from disseminating defamatory information and, in general, any content that is contrary to the purpose of the Site. The Company agrees not to disseminate content or information containing links to websites that are illegal and/or not in line with the purpose of the Site. 

's Obligations and Responsibilities The Hiring Company is responsible for any Advertisement itpublishes on the Site. It should only disseminate Advertisements and information that are accurate and correspond to a real Advertisement. It is prohibited from disseminating defamatory information and, in general, any content that is contrary to the purpose of the Site. The Company agrees not to disseminate content or information containing links to websites that are illegal and/or not in line with the purpose of the Site. 

The Company will bear the consequences of any malfunctioning of the Service resulting from the use of the password(s) by its personnel or any person to whom the Hiring Company has provided the password(s). Similarly, the Company will bear the consequences of the loss of the aforementioned password(s).

The Company undertakes to comply with applicable regulations on personal data protection, including the General Data Protection Regulation ("GDPR"). It undertakes in particular to process personal data that it may receive in connection with its registration on the Hiring notes platform in accordance with applicable regulations, including the data of Candidates that may be transmitted to it in connection with an Advertisement by recruiters. It agrees not to use such data for any other purposes than contacting the Candidate or conducting interviews or hiring related to an Advertisement posted on the Platform and agrees to obtain the Candidates'consent to the use of their personal data for any other purposes.

13. Recruiter's Obligations and Responsibilities

The recruiter declares and warrants that:

- They are a recruitment professional;

- They have the authorization to represent the candidate;

- They are not subject to any legal or contractual restriction prohibiting them from recommending Candidates; 

and

- They do not engage in any activity that is incompatible with the Recruiter's activity (e.g., being an employee of a Company).

The Recruiter undertakes to recommend Candidates who they believe are suitable for the Advertisements published by the Companies. They undertake to only present qualified

Candidates with whom they have conducted a physical or video interview and from whom they have obtained express consent to apply. They refrain from "spamming" Companies with Candidates who do not match the Advertisement in terms of experience and skills.

The recruiter is solely responsible for the use of the Service, the content of the Customer Data they provide, the information transmitted, disseminated, or collected, including Candidate data, their exploitation, and their update, as well as all files, including address files.

Each Recruiter undertakes in particular:

- To verify the accuracy of the information transmitted;

- To refrain from making any alteration, reproduction, correction, arrangement, modification, or dissemination of the Service;

- To verify the compliance of their data with legislation and the rights of any third parties, including the rights of Candidates, and to obtain all necessary authorizations alone, in particular, to obtain the express authorization of the Candidate to transmit their application information, and to indemnify the Company against any third-party claims;

- To inform Candidates in writing of the rights they have under data protection regulations and to comply with any request for access, modification, deletion, or other rights derived from said regulations, including making any modifications or deletions of the Candidate's personal data on the platform.

The Recruiter undertakes in particular to respect the rights of third parties, personality rights, intellectual property rights such as copyright, patent rights, trademark rights, and regulations on personal data protection. Consequently, Hiring notes cannot be held responsible for the content of the information transmitted, disseminated, or collected, their exploitation, and their update, as well as any files, including address files, in any capacity. The Recruiter undertakes not to use the Service to make available to the public any content for which they do not hold the rights and which would therefore violate provisions relating to copyright or intellectual property rights. Hiring notes can only warn the Recruiter of the legal consequences that may arise from illicit activities on the Service and disclaim any joint liability for the use of data made available to the public by the Recruiter. The Recruiter refrains from using the Service for illegal or unlawful purposes, including but not limited to, spamming, intrusion, or attempted intrusion into the Service (e.g., port scanning, sniffing, poofing...).

In these cases, the Company reserves the right to immediately terminate the contract without prejudice to the right to compensation for direct or indirect damagessuffered by the Company. The Recruiter declares that they have professional liability insurance coverage and that the conditions of their insurance allow them to use the Service. The Recruiter will bear the consequences of any malfunctioning of the Service resulting from the use of the password(s) by their personnel or any person to whom the Recruiter has provided the password(s). Similarly, the Recruiter will bear the consequences of the loss of the aforementioned password(s). The Recruiter undertakes to comply with applicable regulations on personal data protection, including the GDPR. In particular, they undertake to only transmit to the Companies and/or Hiring notes the personal data of Candidates who have consented to such transfer and to process said data in accordance with applicable regulations. 

The Recruiter undertakes not to use the Hiring notes platform as a source of prospecting for new clients through messaging or any other means at their disposal. Direct contact with the client is reserved for matters related to candidates currently in the process on the platform and the advertised mission. suffered by the Company. The Recruiter declares that they have professional liability insurance coverage and that the conditions of their insurance allow them to use the Service. The Recruiter will bear the consequences of any malfunctioning of the Service resulting from the use of the password(s) by their personnel or any person to whom the Recruiter has provided the password(s). Similarly, the Recruiter will bear the consequences of the loss of the aforementioned password(s). The Recruiter undertakes to comply with applicable regulations on personal data protection, including the GDPR. In particular, they undertake to only transmit to the Companies and/or Hiring notes the personal data of Candidates who have consented to such transfer and to process said data in accordance with applicable regulations. The Recruiter undertakes not to use the Hiring notes platform as a source of prospecting for new clients through messaging or any other means at their disposal. Direct contact with the client is reserved for matters related to candidates currently in the process on the platform and the advertised mission.

The Recruiter declares that they have professional liability insurance coverage and that the conditions of their insurance allow them to use the Service. The Recruiter will bear the consequences of any malfunctioning of the Service resulting from the use of the password(s) by their personnel or any person to whom the Recruiter has provided the password(s). Similarly, the Recruiter will bear the consequences of the loss of the aforementioned password(s). The Recruiter undertakes to comply with applicable regulations on personal data protection, including the GDPR. In particular, they undertake to only transmit to the Companies and/or Hiring notes the personal data of Candidates who have consented to such transfer and to process said data in accordance with applicable regulations. The Recruiter undertakes not to use the Hiring notes platform as a source of prospecting for new clients through messaging or any other means at their disposal. Direct contact with the client is reserved for matters related to candidates currently in the process on the platform and the advertised mission.

14. Subscription cancellation & Termination

Our subscription plan for recruiters can be canceled at any time without prior notice or justification, and no refund will be provided. Recruiters will be able to continue using the platform until the current period (annual or monthly) ends.

In the event that a Hiring Company or recruiter violates the terms and conditions of sale, Hiring notes may unilaterally and immediately terminate the registration of any Company and/or recruiter, by simply notifying them electronically, without prejudice to any damages that Hiring notes, through its company Holyfield SRL/LLP, may claim as compensation for the breach. In addition to the aforementioned termination cases, Hiring notes reserves the right to interrupt the Service of a Registered User if they pose a threat to the security of Hiring notes's hosting platform, particularly in case of hacking of the Registered User's Service or the detection of a security vulnerability in the system. For security and data protection reasons, Hiring notes deactivates the accounts of inactive Registered Users for a period equal to or longer than 24 months, without any credits or debits appearing in the Registered User's account.

15. Force Majeure

Hiring notes cannot be held responsible for the non-performance of its obligations under the terms and conditions of sale if such non-performance is due to force majeure.

The suspended obligations will be performed again as soon as the effects of the non-performance causes have ended, within a timeframe that will depend on the availability at the time.

16. Intellectual Property

In order to allow the Company to provide the Service, companies agree to grant Hiring notes a non-exclusive, free, worldwide license to all the intellectual property rights related to the elements used for the drafting of the Ads (the "Elements"). These rights are granted for the duration of the Service between the Company and the Client. These rights include the right to reproduce, represent, distribute, adapt, modify, translate, and communicate to the public all or part of the Ad by any means and in any format on digital and printed media (Internet, email, SMS, MMS, etc.).

All the content of the websites and computer programs, software, products, interface graphics, or other elements associated with the Service provided by Hiring notes, the brand, logo, graphics, photographs, animations, videos, and texts contained on the Site (excluding the Client's Elements), are the property of the Company and may not be reproduced, used, or represented in any form or by any means without the express permission of Hiring notes. The licenses granted by the Terms and Conditions of Use do not provide any rights to the content of the websites, computer programs, software, and products associated with the Service provided by Hiring Notes, nor to the associated logos and other names, logos, icons, and trademarks identifying the products and services of Hiring notes, which must not be used without the prior written permission of Hiring notes.

17. Applicable Law

The Terms and Conditions of Use are governed and interpreted in accordance with Belgian law. Legal Notice The website hiringnotes.com is published by Holyfield LLC/SRL, a limited liability company, with its registered office at Avenue Louise 523, 1050 Brussels, and registered with the Crossroads Bank for Enterprises under number 0758.957.494.

VAT number: BE 0758.957.494

Director/Manager: Keith Shema

Contact: support@hiringnotes.com /  keith@hiringnotes.com