Article 1. Definitions
In these General Terms and Conditions:
Contractor: The private company Highrank, KvK 30273356, office in Hilversum on the Vreelandseweg 40A, 1216 CH in Hilversum, acts under the brand Brand New Sales.
Client: the natural person or legal entity that enters into an agreement of assignment or has entered into with the contractor.
Assignment: the agreement in force between the contractor and the client, whereby the contractor recruits candidates at the request and on behalf of the client with the aim of arriving at an employment agreement between the client and the candidate.
Candidate: the natural person who is nominated by the contractor to enter into an employment contract with the client.
Employee: the natural person who, as a result of mediation by the contractor, enters into an employment contract or has entered into with, and will perform work for the client.
Article 2. Relevance
- These General Terms and Conditions apply to all offers, assignments and agreements between the contractor and the client.
Article 3. Execution assignment
- The assignment is valid when signing the order confirmation.
- The Contractor will endeavor to nominate one or more candidates. Timeframes within which an assignment should be fulfilled are always considered as indicative. The Contractor does not fail imputably to the Client and is not obliged to pay any damage or costs to the Client if the Contractor can not, or for whatever reason, not offer a candidate on time.
- As soon as the contractor has sent the client the profile of a candidate, the contractor has proposed this candidate to the client.
- The contractor is entitled to use the trade name and the logo / brand of the client free of charge when recruiting candidates for the client.
Article 4. Revoking, terminating and changing an assignment
- If the client withdraws or terminates the recruitment and selection assignment, after a candidate has already been proposed, but before an employment contract has been concluded between the client and the candidate, the contractor is entitled to charge the client a fixed amount of € 2.000.
- If the client changes elements of the recruitment and selection assignment in such a way that, in the opinion of the contractor, there is a new assignment, after a candidate has already been proposed, but before an employment contract has been concluded between the client and the candidate, the contractor is entitled to the client. a fixed amount of € 1.000, - to be charged.
Article 5. Mediation fee
- The client owes a brokerage fee if and as soon as an employment contract has been concluded between client and candidate.
- The Client shall make available a copy of the employment contract between the client and the candidate for the administration of Brand New Sales.
- The mediation fee is calculated in accordance with the agreement as recorded in the order confirmation.
- The mediation fee is based on a full-time employment contract regardless of whether the candidate enters full-time or part-time employment with the client.
- The client receives the invoice with the mediation fee immediately after signing the employment contract.
- The minimum invoicing mediation fee is € 6.000, -.
- If the client rejects a candidate nominated by the contractor or the candidate rejects an offer made by the client and within 12 months after the proposed date a contract of employment with the candidate is concluded between the client and the candidate or a freelance contract is concluded, then the client is still held to pay the mediation fee in accordance with the provisions of Article 5.
- The client is forbidden in any way to pass on information about candidates to third parties or to present candidates to third parties. If the client violates this prohibition, then the client is obliged to pay the brokerage fee in accordance with Article 5 of these conditions.
Article 6. Payment
- The client will pay the invoice within 14 days after the invoice date.
- All amounts are exclusive of VAT.
- In the event of non-payment, both judicial and extrajudicial costs relating to the collection and collection of invoices not paid on time are at the expense of the client. The extrajudicial collection costs are set at at least 15% of the principal amount owed.
Article 7. Replacement arrangement
- If the appointment of a candidate mediated by the contractor is terminated within the legal probationary period, the contractor will endeavor to the best of his ability to mediate a new candidate for the same position in which and at a comparable salary for which the first candidate worked for the client. The procedure in accordance with the original order confirmation will be restarted for this purpose, provided that:
- the contractor is notified in writing within 7 days after termination of the employment, stating the reason (s) for termination;
- the client has paid all amounts invoiced by the contractor, and;
- the conditions as stated in these General Conditions are met by the client;
- the termination is not the result of redundancy, reorganization, merger or acquisition, and;
- in the period of the replacement arrangement, the client has completed the assignment itself, whether or not via a third party.
- If the contractor fails to find a new candidate within 8 weeks from notification, the contractor pays 80% of the brokerage fee paid by the client (excluding any other costs, including the starting rate) to the client.
Article 8. Confidentiality and confidentiality
- The Contractor undertakes to maintain confidentiality of all information received in the context of the assignment concerning the company of the client.
- Details of the candidates must be treated confidentially by the client and may not be passed on to third parties.
- The client is not permitted to verify the references of candidates without prior permission from the contractor.
Article 9. Non-recruitment clause
- During the term of the assignment and for a period of 12 months after the end of the assignment, the contractor will refrain from approaching the employee (s) of the client with the intention of mediating these employee (s) to another job, unless the employee himself does so. take the initiative by demonstrably expressing a wish to accept a position elsewhere.
Article 10. Liability
- The Contractor gives no guarantee on the (execution of the) work on account of the assignment. The client must also convince himself of the suitability of the candidate and must also verify references and diplomas of the candidate.
- The Contractor is not liable for damage of the Client as a result of unsuitability of the candidate or that it does not appear to meet the requirements set by the Client.
- The Contractor is never liable for indirect damage and consequential damage, including lost profits and / or losses of the client and / or third parties.
- The client indemnifies the contractor against claims from third parties with regard to intellectual property rights on materials or data provided by the client, which are used in the execution of the assignment.
Article 11. Applicable law and disputes
- The agreements between contractor and client are governed by Dutch law.
- Disputes that may arise between the contractor and the client as a result of an agreement concluded between the supplier and the client or as a result of further agreements that may result, will be settled by the competent Dutch court.