TERMS & CONDITIONS
Article 1 General provisions
1.1 These terms and conditions (in the following referred to as T&C) are applicable to and are a part of the quotations, offers, and agreements regarding the services of or offered by Home of Recruitment BV (in the following referred to as HOR), also acting under the name of Salesrecruiters and Marketingrecruiters.
1.2 These T&C have as their effective date 1 May 2022, whereby all terms and conditions issued previously by Salesrecruiters lapse.
1.3 Derogations from these T&C are only valid if stipulated in the agreement. These derogations always are only valid once, exclusively for the case at hand; no rights can be derived therefrom for future agreements.
1.4 The applicability of any possible alternative general or purchasing conditions of client is hereby expressly rejected.
1.5 To the extent these T&C have not been provided, they can be forwarded upon request.
Article 2 Adoption of assignments
2.1 Offers made by HOR are non-committal. An agreement is only adopted after an assignment has been confirmed in writing by both parties. In such case, the provisions from the offer apply.
2.2 An assignment between HOR and client is also adopted at the moment that client invites a proposed candidate.
2.3 Assessments and/or advertisements are only deployed if expressly established in the agreement and/or in the additional arrangements. The costs of these assessments and/or advertisements will be invoiced to the client.
Article 3 Recruitmentfee and payment
3.1 All amounts submitted by HOR are exclusive of VAT and any possible established costs of advertisements, assessments, and other services.
3.2 The recruitmentfee is based on the total fixed annual income of the candidate. Regardless of the employment relationship, it is based on full-time employment (defined as 40 hours per week) and an entire year. By fixed annual income is also intended the holiday allowance (defined as a full month), a (possible) thirteenth month, and other fixed emoluments. If an employment contract does not pertain, but a different form of collaboration between candidate and client, the target wages for which the candidate was proposed or, in the absence thereof, the actual wages enjoyed most recently of the candidate, is used as the basis for invoicing.
3.3 The following recruitmentfee will be due by the client with regard to the recruitment services excluding any assessment, additional advertising costs (standard online campaign is included in the fee) and other services:
|Gross annual wages||Fee||With a minimum recruitmentfee of|
|Up to €80.000||28%||€8.500|
|From €80.000 and up (Executive Search)||32%||Not applicable|
3.4 At HOR’s request, the client shall provide HOR with a copy of the employment contract or other collaboration agreement with the candidate in order to determine the recruitmentfee.
3.5 The recruitmentfee referred to in article 3.3 will be invoiced as soon as a candidate has been placed. A placement is deemed to have taken place from the moment an oral or written employment contract or other form of cooperation agreement is concluded between the candidate and the client. Any other form of collaboration means any form of collaboration between the client and the candidate such as, but not limited to, freelance or self-employed work.
3.6 A “Non-Completion Fee” shall be charged to the client in the event that HOR will not be able to successfully implement an assignment due to reasons that HOR was not aware of at the start of the assignment and that are beyond HOR’s control. The reasons referred to here include (but are not limited to):
* the client fills the vacancy from its own network whereas HOR had already started its activities and had not explicitly been informed that the client could also recruit candidates through its own network. This does not include another recruitment and selection agency, provided that HOR had been informed beforehand that there was no question of exclusivity; * the client puts the vacancy on hold (regardless of the reason) whereas HOR had already started its activities;
* the client does not respond within the agreed two working days to nominated candidates and consequently, HOR is not able to successfully implement the assignment;
* the client offers salaries to candidates that are more than 5% lower than the intended salary payment stated by HOR at the nomination.
The Non-Completion Fee is a fixed amount of €4,500, which is for the purpose of compensating HOR for costs incurred such as acquisition costs, writing recruitment texts, posting recruitment vacancies, creation of and investments in online campaigns, contacting candidates and any selection interviews already conducted plus “costs of opportunity”.
3.7 Client must pay invoices within 14 days after invoice date.
3.8 After expiry of the payment term indicated in article 3.7, client falls into default without a default notice being required. Client will then owe HOR the statutory commercial interest.
3.9 In the absence of timely and full payment, HOR has the right to transfer the claim(s) for recovery. Client is thereby held accountable for the damage incurred by HOR, as well as for the costs for all judicial and extrajudicial collection measures and interest costs. All costs indicated will be claimed from client.
3.10 After expiry of the payment term referred to in article 3.7, all warranty arrangements as indicated in article 6 lapse.
3.11 If client has not objected in writing within five calendar days after invoice date against the invoice, client is deemed to have agreed to (the content of) the invoice.
Article 4 Liability
4.1 HOR is not liable in any way for business damage or any other damage whatsoever that has arisen as a direct or indirect consequence of the advice or information given or not by HOR or of delays incurred in the implementation of the agreement.
4.2 HOR cannot give guarantees in any manner with regard to the suitability of the candidate and for this reason is not liable in any manner for the functioning of the candidate. This also applies for candidates for whom an assessment was made.
4.3 Client must control himself whether candidate has such work permits and training/diplomas as may be required.
Article 5 Other obligations client and HOR
5.1 If a candidate proposed by HOR within 18 months after presentation to client or a group company or in another manner is effectively operative for client or a group company or for a different entity wherein client or a group company or an affiliated person has a financial stake, regardless in what function, client owes the recruitmentfee indicated in article 3.3 to HOR. All other articles will be applicable in such case as well.
5.2 Client must report what is described in article 5.1 within 5 business days in writing to HOR. If this has not occurred, the warranty arrangements as mentioned in article 6 lapse.
5.3 It is not permitted to client or a group company of the client to hire (a) collaborator(s) of HOR at the moment that he is operative for HOR until one year after leaving the service of HOR, not even if the initiative is taken by the collaborator. If the hiring occurs with the consent of the management of HOR, then a fee applies for this of €25,000.
5.4 HOR will not actively approach posted candidates for a different function for as long as they are operative at the client.
5.5 For the implementation of the assignment, HOR will observe utmost care. On account of the General Data Protection Regulation (GDPR), HOR is obliged to observe secrecy in the matter of all personal data of candidates/data subjects. Client is obligated to return all documents to HOR without retaining any copies thereof.
5.6 HOR will treat all information from the client that is available in the context of the agreement with strict confidentiality and only use such for the implementation of the assignment.
5.7 It is not permitted to the client to disclose data from candidates proposed by HOR to third parties.
Article 6 Warranty
6.1 If the employment contract between candidate and client is terminated by one of the parties before the effective date of the employment contract or within the trial period by client on account the demonstrable dysfunction of the candidate or upon the initiative of the candidate, the assignment is deemed not completed and HOR will still take care, free of charges (also see 6.1.2), of the completion of the assignment. Other costs, such as possible assessments and advertising costs, are billed, however.
6.1.1 The warranty arrangement only applies to the function of the employee posted by HOR who has left the service within the established warranty term, and cannot be deployed for different or comparable functions or a modified profile with respect to the profile that was drawn up for the original assignment, and must be redeemed immediately. If client does not make immediate use of this arrangement, it lapses. The payment obligation in such case remains effective.
6.1.2 If a substitute candidate is hired with a higher salary, then the difference in recruitmentfees with respect to the amount already invoiced will be billed still.
6.1.3 No warranty arrangement is applicable to the substitute candidate, the warranty arrangement only applies to the candidate for whom the invoice was paid.
6.2 The following conditions apply to article 6.1:
6.2.1 Client informs HOR within 7 days after termination of the employment contract in writing;
6.2.2 Termination of the employment contract is not the result of:
126.96.36.199 The modification or non-compliance with the employment contract or with other arrangements by client;
188.8.131.52 A fundamental change of the content of the function;
184.108.40.206 Redundancy, reorganisation, merger, or takeover.
6.2.3 Client has paid the invoice within the established term. In case of late payment, article 6.1 lapses.
6.3 The situation as described in article 6.1 does not confer the right to client to suspend payment obligations.
Article 7 Miscellaneous provisions
7.1 Applicable law: to all agreements, Netherlands Law is applicable. Were a dispute to arise, then parties can decide to subject themselves to arbitration or mediation. Both parties are nevertheless at liberty to subject themselves to the competent court of civil law.
Last revision 11-8-22