General Terms and Conditions

May 2018

Welcome to MrWork Limited (“MrWork”). MrWork provides services in the field of online recruitment processes via social media, search engines and other online marketing (the “Services”). For more information go to the website www.mrwork.co.uk (the “Website”).

These general terms and conditions (the “Terms”) apply to all offers, price-quotes, agreements and collaborations between MrWork and its clients (“Clients”), regarding the Services offered by MrWork. MrWork offers its Services under the condition that the Client accepts these Terms.

  1. Definitions

    1. MrWork: MrWork Limited, the limited liability company under UK law, established and having offices in Manchester at 81, King Street, M2 4AH. MrWork has been registered with Companies House in England and Wales under number 10587014. MrWork is also referred to as “we” en “us”.
    2. Client: the natural person or legal entity using the Services of MrWork that enters into an Agreement with MrWork, or negotiates with MrWork to enter into an Agreement. The Client is also referred to as “you”.
    3. Assignment: any assignment the Client and MrWork agree to for providing the Services, in any form whatsoever.
    4. Services: all and any activities of MrWork in the field of online recruitment processes via social media, search engines and other online marketing.
    5. Agreement: the agreement of services between MrWork and the Client, including any change or addition to it, in which the Assignment has been laid down.
    6. Dashboard: the dashboard with all the webpages, software and databases MrWork makes available to the Client within the context of the Services.
    7. to the Client within the context of the Services. Social Media: social media networks including, but not limited to Facebook, Twitter, LinkedIn, Pinterest, Instagram and YouTube.
    8. Communications: all and any communications posted at the request of the Client on Social Media within the context of the Assignment including, but not limited to job posts, ads, business profiles, notices and announcements.
  2. Use of the Dashboard

    1. When granting the Services, MrWork makes available the Dashboard and all associated functionalities to the Client for the term of the Agreement.
    2. MrWork creates one or more accounts for Client to use the Dashboard. Client receives the login data of such account (or such accounts) from MrWork for logging into the Dashboard.
    3. Client is responsible for keeping the login data of the Dashboard strictly secret. Login data are linked to the Client and should only be used within the organization of the Client. The Client is not allowed to provide the login data to third parties. MrWork is allowed to assume that all the actions with the Dashboard have been taken by or under the supervision of the Client.
    4. Use of the Dashboard is limited to the employees within the organization of the Client. The Client warrants that his employees shall only use the Dashboard for the sake of the activities of the Client.nemers het Dashboard enkel ten behoeve van de activiteiten van Opdrachtgever zullen gebruiken.
    5. The Client cannot transfer the use of the Dashboard to third parties.
    6. The Dashboard is available 24 hours a day for use by the Client. MrWork will have maintenance of the Dashboard take place outside business hours, unless this is not possible in a specific case.
    7. The Client shall not use the Dashboard in a manner contrary to these Terms, Dutch law or any other applicable law or regulation. If MrWork suspects that the Client uses the Dashboard in such a manner, then MrWork may (temporarily) block the access to the Dashboard for the Client.
    8. If MrWork incurs damage as a result of use of the Dashboard by the Client, as described in Article 2.7, then MrWork will charge such damage to the Client.
  3. Offers and Price-Quotes

    1. All and any offers and price-quotes of MrWork are without any obligation, unless agreed otherwise.
    2. An offer or price-quote is founded on a specific request of the Client and only applies to the specific underlying Assignment. No rights can be derived from an offer or price-quote for any future Assignment or Agreement.
    3. MrWork is allowed to assume when drawing up the price-quote that the data provided by the Client are correct.
  4. Coming About and Performance of Agreement

    1. The Agreement between MrWork and the Client is concluded upon signing by MrWork and the Client of the Agreement, or upon actual performance by MrWork of the Assignment.
    2. MrWork has the right to refuse assignments without stating reasons.
    3. The Client shall always submit applications for Assignments and follow-up instructions in writing to MrWork.
    4. The Client shall provide MrWork within 10 business days following the execution of the Agreement with all the Communications, information and materials necessary for the performance of the Agreement.
    5. If the Client does not timely provide the Communications, information and materials, MrWork may suspend the Assignment. If the Client does not timely deliver the Communications in full, MrWork has the right to adapt such Communications and prepare them for posting or to return the Communications to the Client. MrWork may invoice the additional costs resulting from the additional work and the delays.
    6. If the Client did not deliver the required Communications, information and materials within the term stated in 4.4 to MrWork, MrWork has the right to refuse posting the Communications. In such cases MrWork will, however, charge the costs owed by the Client under the Agreement.
  5. Term and Termination of the Agreement

    1. The Agreement between MrWork and the Client will become effective on the date stated in the Agreement. If such a commencement date lacks from the Agreement, then the Agreement will be considered to have become effective on the date on which MrWork actually performed the Assignment.
    2. MrWork and the Client enter into the Agreement for a definite period. If MrWork and the Client do not lay down a contract term in the Agreement, then the Agreement is considered to have been entered into for a term of three months.
    3. If the Agreement is limited as to content or time, the Agreement will automatically end by completing such content or time.
    4. The Client cannot cancel the Assignment, unless this option has been expressly included in the Agreement. In that case cancellation is only possible within the agreed term of cancellation. Upon timely cancellation MrWork shall refund to the Client the fees already paid.
    5. MrWork may suspend the Agreement, if due to circumstances (out of its control or it was not aware of) it temporarily cannot perform its obligations.
    6. MrWork may terminate the Agreement directly without being held to pay any damages or indemnification, in the following events:
      - the Client has gone bankrupt or is in suspension of payments;
      - the Client is dissolved or liquidated;
      - the Client is placed under receivership or deceases;
      - the Client can no longer freely dispose of his assets by reason of other circumstances.
    7. MrWork may terminate or dissolve the Agreement directly without any notice of default being required, if the Client does not, not fully or not timely perform his obligations under the Agreement. The Client shall pay MrWork damages or indemnifications in that case.
  6. Prices

    1. Assignments are performed at the prices stated in the Agreement.
    2. MrWork may apply an interim rise of the prices in the event of unforeseen cost-price raising circumstances taking place after execution of the Agreement.
    3. Prices exclude any expenses of MrWork and exclude VAT and any other government levies.
    4. All and any costs relating to the execution of the Agreement shall be borne by the Client.
  7. Change of Assignment

    1. MrWork has the right to carry out more work than stated in the Agreement and to invoice such work, if this is required for due performance of the Assignment. MrWork shall timely inform the Client about this.
    2. If during the performance of the Assignment it appears that due performance requires to change or complete the content of the Assignment to a large degree, then MrWork and the Client shall do so in mutual consultation.
    3. Upon amendment of the Assignment MrWork may increase or lower the agreed price. If this is possible, MrWork will quote a price for this. The Client agrees to the option of change of the Assignment and price.
  8. PRIVACY

    1. MrWork respects your privacy. MrWork anticipates the new European legislation, the General Data Protection Regulation (GDPR). When using the Website or Services, specific personal data will be processed. In our privacy policy you can read which data we collect and how we use it. You can find our privacy policy here Privacy Policy.
    2. If MrWork carries out an Assignment for the Client, MrWork will also process personal data on behalf of the Client within the context of the Assignment and Agreement. For such data the Client is the Data Controller and MrWork acts as Data Processor. In our privacy FAQ you can read more about this role assignment and the handling of personal data. You can find our privacy FAQ here Privacy FAQ.
  9. Intellectual Property Rights

    1. The Client ensures to be the exclusive owner of all intellectual property rights, such as (but not limited to) patents, patent applications, trademarks, trademark applications, service marks, tradenames, copyrights, trade secrets, licenses, domain names, knowhow, property rights and processes (the “Intellectual Property Rights”) regarding all Communications, materials and other information the Client supplies within the context of the Agreement.
    2. The Client grants MrWork a global transferable, sublicensable, non-exclusive and royalty-free license to use the materials and Communications supplied by the Client within the context of the Agreement.
    3. MrWork is the exclusive owner of all Intellectual Property Rights in and relating to the Services which are developed and/or used for the performance of the Agreement and all the information made available by MrWork including, but not limited to: the Website, the Dashboard, files and materials. MrWork is also the exclusive owner of all Intellectual Property rights in and relating to other services of, and information provided by MrWork.
    4. As long as the Client meets all his obligations, MrWork grants to the Client a non-transferable, exclusive, non-sublicensable, royalty-free license for use of the information as described in par. 9.3, which MrWork makes available within the context of the performance of the Agreement. If the Client does not meet his obligations (anymore), MrWork may withdraw such license without any notice of default being required. The Client is not allowed to use the Services and information for any purpose other than agreed in writing in the Agreement or otherwise. The Client is expressly not allowed to make available to the public, alter, download, copy or reproduce otherwise any information made available by MrWork, save prior written consent of MrWork.
  10. Force Majeure

    1. MrWork does not have to perform its obligations resulting from the Agreement, in case of force majeure. There is force majeure if MrWork cannot possibly meet its obligations by reason of one or more circumstances which cannot be attributed to MrWork.
    2. During the period of force majeure the Client may suspend the obligations resulting from the Agreement. If such period lasts for more than 2 months, both the Client and MrWork may rescind the Agreement, without being held to pay damages.
    3. If MrWork has already performed part of the obligations resulting from the Agreement before the force majeure came about, and such part has autonomous value, MrWork may send an invoice for the performed part.
  11. Confidentiality

    1. MrWork and the Client shall keep all and any confidential information which they exchange within the context of the Agreement and negotiations secret towards third parties. Information is considered confidential if it results from the nature of the information or the information is expressly characterized as confidential by MrWork and/or the Client.
    2. MrWork and the Client shall not use or disclose the confidential information for any purpose other than is required within the context of the performance of the Agreement.
    3. MrWork and the Client are not held to pay damages or indemnification, if they are bound by law to disclose the confidential information and comply with such legal duty.
  12. Liability

    1. MrWork is only liable for direct damage of the Client, if such damage is exclusively the result of a failure of MrWork.
    2. MrWork is not liable for any damage which occurs because in the performance of the Agreement MrWork started from incorrect or incomplete information or Communications provided by the Client.
    3. MrWork endeavours to reproduce the Communications forwarded by the Client as well as possible on Social Media. MrWork is not liable for any damage which occurs by reason of any adaptations in the Communications upon posting them.
    4. If MrWork is liable for whatever reason, then the liability is limited to a sum of 20% of the invoice price of the Agreement, subject to whatever sum is lower.
    5. The liability of MrWork is limited in any case to the sum the insurer of MrWork pays out in that event.
    6. Nothing in these Terms will exclude or limit the liability of MrWork, if it cannot be excluded or limited under applicable law, such as in case of intent or gross fault of MrWork.
  13. Indemnification

    1. As far as permitted by law, the Client shall indemnify and keep MrWork harmless from all liabilities, damage, losses and costs (including settlement costs and fair attorney fees) resulting from claims of third parties which incur damage as a result of the performance of the Agreement, save the cause can be attributed to MrWork.
    2. In the event that third parties hold MrWork liable, the Client shall assist MrWork both before and outside the court and do all that he is expected to do.
  14. Miscellaneous

    1. If MrWork does not enforce (parts of) these Terms, then this cannot be seen as consent or waiver to enforce this at a later time or towards another Client.
    2. The Client cannot transfer his rights and duties under these Terms, nor the Agreement to third parties.
    3. MrWork may assign and/or transfer all the rights and duties in these Terms in the event of a merger, takeover or sale of assets, by law or otherwise.
    4. MrWork has the right to amend these Terms during the term of the Agreement to which they apply.
    5. If any provision of these Terms and/or the Agreement is considered unlawful, void, voidable or otherwise unenforceable, then this will not affect the validity and enforceability of the other provisions of these Terms and the Agreement. The unlawful, void, voidable or otherwise unenforceable part is (considered to have been) replaced by a valid and enforceable provision which comes as close as possible to the purpose and purport of the replaced provision.
  15. Applicable Law and Jurisdiction

    1. These Terms and all the Agreements between MrWork and the Client are exclusively governed by UK law. Unless contrary to imperative law, all and any disputes and claims resulting from or relating to these Terms and/or Agreements shall be presented exclusively to the court having jurisdiction in Manchester.
  16. Questions, Comments and Suggestions

    1. MrWork commits itself to render optimal service to the Client. If you have any questions, comments or suggestions, please contact us via the contact details below. You can also use the contact form on our Website. We usually respond to messages within 2 business days.

MrWork Limited
81 King Street
Manchester, M2 4AH
T: 0161 974 6025
M: info@mrwork.co.uk
W: www.mrwork.co.uk
Company Number: 10587014