Terms and Conditions

Headcount B.V. — Website Terms of Use

Trading under the names Headcount.nl and U2Work.nl
Version: March 2026 | CoC: 93973187 | VAT: NL866590948B01
Zekeringstraat 46, 1014 BT Amsterdam, the Netherlands | info@headcount.nl | +31 (0) 85 – 06 07 815

🇳🇱 Nederlandse versie

Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the meanings set out below:

1.1 “Headcount”, “we”, “us” or “our”: Headcount B.V., a private limited liability company incorporated under the laws of the Netherlands, having its registered office in Amsterdam and its place of business at Zekeringstraat 46, 1014 BT Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 93973187, VAT identification number NL866590948B01, trading under the names Headcount.nl and U2Work.nl.

1.2 “Website”: the websites headcount.nl, u2work.nl and all associated subdomains, pages, mobile applications and web applications, including all functionalities and services offered thereon.

1.3 “User”, “you” or “your”: any natural or legal person who visits the Website, creates an Account, posts Content or otherwise makes use of the Website and the functionalities offered thereon.

1.4 “Candidate”: a User who registers via the Website as a jobseeker, uploads a curriculum vitae (hereinafter: “CV”), creates a profile or applies for a Vacancy.

1.5 “Employer”: a User who registers via the Website as an employer or client, posts Vacancies or makes use of the employer functionalities on the Website.

1.6 “Account”: the personal user profile created by a User on the Website, secured by unique login credentials (email address and password).

1.7 “Vacancy”: a job description, assignment or job offer posted on the Website.

1.8 “Content”: all materials uploaded or posted by Users, including but not limited to texts, CVs, profiles, vacancy descriptions, images, messages and other data.

1.9 “Services”: the services offered by Headcount, including recruitment & selection, secondment (detachering), temporary staffing (via U2Work.nl), contracting, temp-to-perm (detavast), lead sales and high ticket closing.

Article 2 – Applicability and Right to Amend

2.1 These Terms and Conditions apply to all visits to and use of the Website, as well as to all information, recommendations and services offered via the Website, in the broadest sense of the word.

2.2 By visiting the Website, creating an Account, posting Content or otherwise using the Website, the User declares to have read and understood these Terms and Conditions and to unconditionally agree to be bound by them.

2.3 Headcount reserves the right to unilaterally amend or supplement these Terms and Conditions. Amendments shall take effect thirty (30) days after publication on the Website, or on such later date as specified in the amendment. Continued use of the Website after the effective date of the amendments shall constitute irrevocable acceptance of the amended terms by the User.

2.4 The commercial services provided by Headcount to its clients (including recruitment & selection, secondment, temporary staffing, contracting and other HR services) are subject to separate commercial terms and conditions, which are agreed upon individually with each client.

2.5 If any provision of these Terms and Conditions is held to be null, void or unenforceable, this shall not affect the validity of the remaining provisions. The null or void provision shall be replaced by a provision that approximates the purpose of the original provision as closely as possible.

2.6 Failure by Headcount to exercise any right under these Terms and Conditions shall not constitute a waiver of that right, in accordance with Article 6:160 of the Dutch Civil Code (Burgerlijk Wetboek).

Article 3 – Registration and Account

3.1 In order to use certain functionalities of the Website — including applying for Vacancies, uploading a CV and posting Vacancies — the User must create an Account.

3.2 The User warrants that the information provided upon registration and during the use of the Account is accurate, complete and up to date. The User is obliged to update any changes to such information in the Account without delay.

3.3 The Account is strictly personal and non-transferable. The User is solely and fully responsible for maintaining the confidentiality of their login credentials and for all actions performed through their Account. Any use of the Account shall be irrefutably presumed to have been performed by the User.

3.4 In the event of (suspected) unauthorised use of the Account, the User must immediately notify Headcount in writing at info@headcount.nl. Until such notification is received, the User remains liable for all actions performed through the Account.

3.5 Headcount reserves the right, at its sole discretion, without prior notice and without stating reasons, to refuse, suspend or permanently delete Accounts, including but not limited to cases where the User acts in violation of these Terms and Conditions, provides inaccurate information, misuses the Website or otherwise acts unlawfully.

3.6 The User may request deletion of their Account at any time by contacting info@headcount.nl. Deletion shall be effected within a reasonable period following receipt of the request. Deletion of the Account shall not affect any outstanding obligations of the User towards Headcount.

Article 4 – Use by Candidates

4.1 Candidates may create a profile, upload a CV and apply for Vacancies via the Website. The creation of a profile, submission of an application or provision of information on the Website shall in no way entitle the Candidate to placement, an invitation for an interview, compensation, damages or any other commitment.

4.2 By posting a CV, profile or other data on the Website, the Candidate expressly consents — within the meaning of Article 6(1)(a) of the General Data Protection Regulation (GDPR) — to Headcount:

(a) processing and storing the personal data in the Headcount database;
(b) actively approaching the Candidate for suitable vacancies and assignments;
(c) sharing the profile or CV (whether or not anonymised) with potential employers and clients in the context of recruitment;
(d) conducting reference checks with referees provided by the Candidate;
(e) contacting the Candidate by email, telephone, WhatsApp or other means of communication.

4.3 The Candidate warrants that all information posted on the Website — including the CV, diplomas, certificates, work experience and references — is accurate, complete and up to date. The Candidate is fully liable for any damage arising from inaccurate or incomplete information.

4.4 Headcount shall never charge the Candidate any fees for recruitment services, in accordance with Article 9(1) of the Dutch Placement of Personnel by Intermediaries Act (Wet allocatie arbeidskrachten door intermediairs, WAADI).

4.5 The Candidate shall refrain from posting false, misleading or discriminatory information, sending spam or unsolicited messages, and creating multiple Accounts for the same purpose.

Article 5 – Use by Employers

5.1 Employers may post Vacancies via the Website and, subject to the agreed service arrangements, gain access to candidate profiles.

5.2 The Employer warrants that posted Vacancies are a truthful and non-misleading representation of the relevant position, employment conditions and organisation, and that they comply with all applicable laws and regulations, including the Dutch Act on Supervision of Equal Opportunities in Recruitment and Selection (Wet toezicht gelijke kansen bij werving en selectie), the Dutch Equal Treatment Act (Algemene wet gelijke behandeling, AWGB) and the Dutch Age Discrimination in Employment Act (Wet gelijke behandeling op grond van leeftijd bij de arbeid).

5.3 The Employer is expressly prohibited from posting discriminatory vacancy texts or selection criteria. Headcount is entitled to remove or refuse such Vacancies without prior notice, without this giving rise to any liability on the part of Headcount towards the Employer.

5.4 Candidate information obtained via the Website is strictly confidential within the meaning of Article 12 of these Terms. The Employer may only use candidate data for the specific purpose for which it was provided. The Employer is expressly prohibited from sharing candidate data with third parties, reselling, disclosing or using it for other purposes.

5.5 The commercial services provided by Headcount to the Employer (recruitment & selection, secondment, temporary staffing, contracting, lead sales and other HR services) are subject to separate commercial terms and conditions, which are agreed upon individually with the Employer and shall prevail over these Terms of Use to the extent they deviate therefrom.

Article 6 – Rules of Conduct and Prohibited Use

6.1 The User is obliged to comply with all applicable Dutch and European laws and regulations, these Terms and Conditions, public order and public morality when using the Website.

6.2 The User is prohibited from:

(a) using the Website for unlawful, fraudulent or misleading purposes;
(b) posting Content that infringes upon intellectual property rights, privacy rights, personality rights or other rights of third parties;
(c) distributing viruses, trojan horses, malware, scripts, bots or other harmful software via the Website;
(d) scraping, crawling, indexing or automated data collection from the Website, in whole or in part, without prior written consent from Headcount;
(e) circumventing, breaching or disrupting the technical security measures of the Website;
(f) disproportionately burdening the infrastructure of the Website, including by means of denial-of-service attacks;
(g) impersonating another person, organisation or Headcount employee;
(h) sending unsolicited commercial messages (spam) via the Website;
(i) posting Content that is discriminatory, defamatory, threatening, libellous or otherwise unlawful.

6.3 In the event of (suspected) violation of this article, Headcount is entitled to immediately suspend or permanently delete the User’s Account, remove Content and report the matter to the competent authorities, without prior notice and without any right to compensation for the User.

Article 7 – Intellectual Property

7.1 All intellectual property rights — including copyrights (within the meaning of the Dutch Copyright Act, Auteurswet), trademark rights, database rights, trade name rights and other intellectual property rights — relating to the Website and the Content published thereon by Headcount, including texts, images, logos, designs, software, layouts, databases, the trade names “Headcount” and “U2Work” and the figurative mark, vest exclusively in Headcount B.V. or its licensors.

7.2 Nothing in these Terms and Conditions shall constitute a transfer of any intellectual property right. It is not permitted, without prior written consent from Headcount, to reproduce, publish, distribute, modify, decompile or otherwise use Content from the Website, other than as strictly necessary for normal use of the Website.

7.3 By posting Content on the Website — including CVs, profiles, vacancy texts and images — the User grants Headcount a non-exclusive, worldwide, royalty-free, transferable licence to use, store, reproduce and display such Content, insofar as this is necessary for the provision of services via the Website and the performance of Headcount’s Services.

7.4 The User warrants that they are fully entitled to post the Content on the Website and that such Content does not infringe upon any rights of third parties. The User indemnifies Headcount against any claims by third parties in this regard.

Article 8 – Privacy and Data Protection

8.1 Headcount processes personal data in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter: “GDPR”), the Dutch GDPR Implementation Act (Uitvoeringswet AVG, UAVG) and the Dutch Telecommunications Act (Telecommunicatiewet). The full privacy policy of Headcount is available on the Website.

8.2 Headcount is the data controller within the meaning of Article 4(7) GDPR. Personal data is processed on the following legal bases: (a) consent of the data subject (Article 6(1)(a) GDPR); (b) performance of a contract (Article 6(1)(b) GDPR); (c) legitimate interest of Headcount (Article 6(1)(f) GDPR); (d) legal obligation (Article 6(1)(c) GDPR).

8.3 Personal data is processed for the following purposes: facilitating services via the Website, matching Candidates with Vacancies, maintaining contact with Users, improving and securing the Website, performing analyses and statistics, and complying with legal obligations.

8.4 Headcount implements appropriate technical and organisational measures to protect personal data against loss, unlawful processing, unauthorised access and other forms of unlawful processing, in accordance with Article 32 GDPR.

8.5 Personal data of Candidates is retained for a maximum period of two (2) years following the last substantive contact, unless the Candidate requests earlier deletion or a longer retention period is required by law.

8.6 Data subjects may exercise their rights under Chapter III GDPR — including the right of access (Article 15), rectification (Article 16), erasure (Article 17), restriction (Article 18), data portability (Article 20) and objection (Article 21) — by submitting a written request to info@headcount.nl. Headcount shall respond within the statutory period of one (1) month.

8.7 The Website uses cookies and similar technologies. Prior consent is obtained for the placement of non-functional cookies in accordance with the Dutch Telecommunications Act. Further information is set out in the cookie policy on the Website.

Article 9 – Availability, Maintenance and Modifications

9.1 Headcount shall use reasonable endeavours to keep the Website available and accessible, but does not guarantee uninterrupted, error-free or secure operation of the Website.

9.2 Headcount is at all times entitled to take the Website, in whole or in part, temporarily out of service for the purposes of maintenance, updates, security measures or improvements, without this giving rise to any right to compensation for the User.

9.3 Headcount is entitled to modify, adjust or discontinue the content, functionalities, structure or design of the Website at any time and without prior notice.

Article 10 – Disclaimer and Exclusion of Liability

10.1 The information on the Website is compiled with the utmost care, but Headcount does not warrant the completeness, accuracy, timeliness or suitability of such information for any purpose. No rights may be derived from the information on the Website.

10.2 Headcount accepts no liability whatsoever for:

(a) direct or indirect damage resulting from the use of the Website or the inability to use the Website, regardless of the cause;
(b) damage resulting from inaccurate, incomplete or outdated information on the Website, including in Vacancies or candidate profiles;
(c) damage caused by (the acts or omissions of) third parties, including other Users of the Website;
(d) indirect damage, consequential damage, loss of profit, missed savings, loss of data, reputational damage or business interruption;
(e) damage resulting from viruses, malware or other harmful software obtained through or in connection with the Website;
(f) the content, privacy policy or practices of third-party websites or services to which the Website refers or with which the Website is integrated.

10.3 If Headcount, notwithstanding the provisions of this article, is held liable on the basis of mandatory law (including Article 6:162 of the Dutch Civil Code), the total liability of Headcount shall be limited to compensation of direct damage only, with a maximum of EUR 1,000 (one thousand euros) per event or series of related events per calendar year.

10.4 The User indemnifies Headcount, its directors, employees and auxiliary persons against all third-party claims related to the User’s use of the Website, including but not limited to claims for infringement of intellectual property rights, privacy or other rights of third parties.

10.5 Any claim by the User against Headcount shall lapse by the mere expiry of twelve (12) months after the claim arose, without prejudice to statutory limitation periods of mandatory law.

Article 11 – Third-Party References

11.1 The Website may contain hyperlinks to websites, applications or services of third parties. Headcount has no control over the content, policies or availability of these external sources and is in no way responsible or liable for their content, privacy policy or practices.

11.2 Visiting third-party websites via links on the Website is entirely at the User’s own risk and responsibility.

Article 12 – Confidentiality

12.1 The User shall treat all information obtained via the Website — including candidate profiles, CVs, vacancy information, company data and correspondence — as strictly confidential.

12.2 The User is prohibited from disclosing, reproducing, distributing or otherwise making confidential information available to third parties, without prior written consent from Headcount.

12.3 The confidentiality obligation shall remain in full force and effect after termination of the use of the Website and deletion of the Account.

Article 13 – Equal Treatment and Anti-Discrimination

13.1 Headcount maintains a strict non-discrimination policy in accordance with the Dutch Act on Supervision of Equal Opportunities in Recruitment and Selection (Wet toezicht gelijke kansen bij werving en selectie), the Dutch Equal Treatment Act (Algemene wet gelijke behandeling, AWGB), the Dutch Equal Treatment on the Grounds of Disability or Chronic Illness Act and the Dutch Age Discrimination in Employment Act.

13.2 Headcount recruits and selects exclusively on the basis of job-related and objectifiable criteria. Discrimination on the grounds of race, gender, nationality, ethnic origin, religion, belief, political opinion, sexual orientation, marital status, age, disability or chronic illness is not tolerated.

13.3 Users who observe discriminatory conduct on the Website are requested to report this via info@headcount.nl. Headcount is legally obliged to report discriminatory requests to the Dutch Labour Inspectorate (Nederlandse Arbeidsinspectie).

Article 14 – Termination and Suspension

14.1 Headcount is at all times entitled, without prior notice, without judicial intervention and without stating reasons, to restrict, suspend or terminate a User’s access to the Website, in whole or in part, to remove Content and to close a User’s Account.

14.2 Upon termination of the Account, the User’s right to use the (restricted) functionalities of the Website shall cease. Headcount is not obliged to retain, return or otherwise make available any previously uploaded Content, without prejudice to the provisions of the GDPR regarding personal data.

14.3 Provisions that by their nature are intended to survive termination — including the articles on intellectual property, liability, confidentiality, indemnification and applicable law — shall remain in full force and effect.

Article 15 – Governing Law and Dispute Resolution

15.1 These Terms and Conditions, the use of the Website and all legal relationships arising from or related thereto shall be governed exclusively by the laws of the Netherlands, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the rules of private international law.

15.2 All disputes arising from or related to these Terms and Conditions or the use of the Website shall be submitted exclusively to the competent court in the district of Amsterdam (arrondissement Amsterdam), the Netherlands, without prejudice to the right of Headcount to bring a dispute before any other competent court.

15.3 The parties shall first use reasonable endeavours to resolve disputes amicably, for a period of no more than thirty (30) days following written notification of the dispute, before initiating legal proceedings.

15.4 If the User qualifies as a consumer within the meaning of Article 6:236 of the Dutch Civil Code (Burgerlijk Wetboek), the provisions of this article shall not prejudice the mandatory jurisdiction rules in favour of the consumer.

15.5 This document is a translation of the Dutch original. In the event of any discrepancy between the Dutch version and this English translation, the Dutch version shall prevail.

Article 16 – Contact

For any questions, comments or complaints regarding these Terms and Conditions or the use of the Website, please contact:

Headcount B.V.
Zekeringstraat 46, 1014 BT Amsterdam, the Netherlands
Email: info@headcount.nl
Phone: +31 (0) 85 – 06 07 815
CoC: 93973187 | VAT: NL866590948B01