Terms & Conditions
1. Definitions
- Tota: The matching platform developed for companies and organizations to post vacancies and find personnel.
- Client or User: The organization or company using Tota to post vacancies and search for personnel.
- Supplier or Agency: An agency or intermediary that registers and manages Candidates on the platform.
- Freelancer: An individual offering themselves as a Candidate on a freelance basis.
- Candidate: The individual registered by a Supplier or Agency and matched with a Client via the platform.
- Users: Clients, Suppliers, Freelancers, and Candidates.
- Match: The automatic pairing of a Candidate with a vacancy based on skills, availability, and rate.
- Assignment: An agreement between the Client and the Supplier, Agency, or Freelancer to provide services.
- Platform: The online application or software environment of Tota, accessible via web or app, in which Clients, Suppliers, Freelancers, and Candidates can utilize matching and communication functionalities.
2. Use of the Platform by Clients
2.1 The Client is granted a limited, non-exclusive, non-transferable right to use Tota’s Platform for posting job advertisements and finding suitable Candidates.
2.2 Tota provides an AI tool for Clients to create vacancies. Tota does not guarantee the accuracy, completeness, or legal validity of the generated or posted content.
2.3 The Client is fully responsible for the verification, selection, onboarding, supervision, and compliance with laws and regulations regarding each Candidate.
2.4 Clients may not discriminate based on race, religion, gender, age, disability, or any other legally protected characteristic.
2.5 An Assignment is only established after the Client has approved the Match.
2.6 Clients are strictly prohibited from contacting or engaging Candidates outside the Platform without Tota’s written permission.
2.7 Clients may terminate their subscription monthly, unless they have opted for an annual subscription. After the expiration of an annual subscription, it will automatically be renewed as a new annual subscription unless the Client opts for a monthly cancellable subscription. Subscription fees are always paid in advance. Upon termination of the subscription, ongoing Matches remain active until the end of the agreed term, unless otherwise agreed.
2.8 Tota may index its rates annually. Clients will be informed of this at least one calendar month in advance.
2.9 Upon account creation, Clients are automatically subscribed to Tota’s newsletters. Unsubscribing is possible via the unsubscribe link at the bottom of each newsletter.
2.10 Use of the Platform requires the processing of personal data. This processing complies with applicable legislation and Tota’s Privacy Statement, which forms an integral part of these General Terms and Conditions.
3. Use of the Platform by Suppliers
3.1 Suppliers are responsible for registering Candidates and must provide accurate, truthful, and up-to-date information.
3.2 Before placement on the Platform, each Candidate must be assessed by the Supplier for skills, experience, and availability. The Supplier acknowledges that Clients may prefer to be matched only with Candidates who have undergone a background screening.
3.3 Tota collaborates with Validdo for screenings on identity, integrity, and criminal records. Suppliers can purchase tokens via Tota and request screenings. The Supplier is responsible for informing the Candidate in advance. Tota is not liable for the screening process or its outcomes. Suppliers are free to use their own independent, internationally operating screening company, provided it is pre-approved by Tota.
3.4 LinkedIn information is extracted via the URL. The Supplier must inform the Candidate of this in advance.
3.5 If a Candidate is already in the database, the first Supplier to register the Candidate retains exclusive management rights. Duplicate entries are not permitted. In case of disputes over the management rights of a Candidate, Tota will decide based on the registration date and the provided information.
3.6 The Supplier is obliged to inform the Candidate about their inclusion in the Tota database.
3.7 The Supplier must specify the requested hourly rate in euros for each Candidate. It is not permitted to increase this rate at the start of an Assignment. Rate indexation by the Supplier is only allowed if the Supplier’s terms have been shared with and accepted by the Client in advance.
3.8 The Supplier is required to set up a direct debit authorization allowing Tota to collect the fee as soon as a Client contacts the Supplier. Tota will issue an invoice at the time of collection. If a direct debit is reversed or fails, the Supplier will reimburse Tota for the resulting costs.
3.9 Tota may index its rates for Suppliers annually. Suppliers will be informed of this in writing at least one month in advance.
3.10 Suppliers are automatically subscribed to Tota’s newsletters, with the option to unsubscribe via a link provided in the newsletters.
4. Use by Freelancers
4.1 Freelancers who register as Candidates on the Platform are subject to the same conditions as Candidates of Suppliers and the same conditions as Suppliers themselves.
4.2 Freelancers must comply with all legal and tax obligations. Tota, Clients, and other parties are fully indemnified against any liability arising from the actions or omissions of Freelancers.
5. Fees and Payment Terms
5.1 Suppliers pay a fee per ‘chat’ initiated by a Client regarding a specific Candidate. The fee per chat is based on the average hourly rate as stated in the Candidate’s profile at the time of the chat. If the chat (conversation) does not lead to an Assignment, Tota cannot be held responsible.
5.2 The Client’s subscription is invoiced in advance and must be paid prior to the subscription period.
5.3 In case of disputes regarding invoicing, the relevant party must submit a written objection to Tota within 14 days of the invoice date.
5.4 In case of non-payment, access to the Platform may be suspended until the outstanding amount is fully paid. Tota reserves the right to inform other participating parties about the non-payment and denial of access for a specific party.
6. Intellectual Property and Usage Restrictions
6.1 All intellectual property rights related to the Platform, including its design, source code, functionality, trademarks, and documentation, remain the property of Tota.
6.2 Clients and Suppliers are not permitted to copy, distribute, modify, reverse-engineer, or otherwise exploit parts of the Platform without prior written permission from Tota.
7. Warranties, Liability, and Indemnification
7.1 Tota provides the Platform “as is” and gives no express or implied warranties regarding its suitability for a particular purpose.
7.2 Tota is not liable for direct, indirect, incidental, or consequential damages resulting from the use of the Platform, including but not limited to:
(a) Loss of profit, revenue, or business opportunities;
(b) Inaccurate vacancy information or Candidate data;
(c) Failed Matches or unexecuted Assignments;
(d) Conduct or performance of Candidates.
7.3 Tota is only liable for damages caused by intentional misconduct or deliberate recklessness of its management, limited to the amount paid by the relevant party in the three months prior to the damage.
7.4 Tota is not liable for damages resulting from cyber incidents, such as hacking or data breaches, unless these are caused by intentional misconduct or gross negligence by Tota.
7.5 All Users indemnify Tota against third-party claims arising from the use of the Platform or from interactions between Clients, Suppliers, and Candidates.
8. Ethical Conduct
8.1 Users are obliged to use the Platform in a professional and ethical manner, including avoiding misleading information or actions that harm other Users.
9. Termination and Suspension
9.1 Each party may terminate the agreement with Tota with one (1) calendar month’s notice in writing.
9.2 Tota reserves the right to suspend or terminate a Client’s or Supplier’s access to the Platform immediately in case of:
(a) Non-payment;
(b) Breach of these terms;
(c) Illegal or unethical conduct;
(d) Actions that compromise the integrity or security of the Platform.
9.3 Illegal or unethical conduct includes, but is not limited to, discrimination, fraud, misuse of the Platform, or violation of legal obligations.
9.4 Upon termination, all outstanding fees remain due.
9.5 After suspension, access may be restored upon written agreement and fulfillment of outstanding obligations.
10. Applicable Law and Disputes
10.1 These General Terms and Conditions are exclusively governed by Dutch law.
10.2 Disputes arising from or related to these terms will be exclusively submitted to the competent court in Amsterdam.
10.3 The parties undertake to first attempt to resolve disputes amicably.
10.4 For Users outside the Netherlands, additional local laws and regulations may apply, provided they do not conflict with these General Terms and Conditions.
11. Force Majeure
11.1 Tota is not liable for any failure to fulfill its obligations under these General Terms and Conditions if this is due to force majeure.
11.2 Force majeure includes any circumstance beyond Tota’s reasonable control that temporarily or permanently prevents the fulfillment of its obligations, including but not limited to: disruptions in internet or telecommunications infrastructure, power outages, pandemics, government measures, strikes, fire, natural disasters, war, or failures by third parties engaged by Tota.
11.3 In case of force majeure, Tota’s obligations are suspended for the duration of the force majeure situation, without any liability for compensation. During a force majeure situation, payment obligations and ongoing Matches are suspended until the situation is resolved, without entitlement to refunds.
Contact Details Tota B.V.
- Chamber of Commerce (KvK): 867789839
- Name: Tota B.V.
- Address: Librijesteeg 207
- Postal Code: 3011 HN
- City: Rotterdam
- IBAN: NL18INGB0111577632
- E-mail: service@totatech.com