Article 1: Scope
Our activities are governed by the general conditions described below. These general conditions are applicable to all offers, proposals and contracts carried out. The scope of our services as provided is restricted to the work described in offers as signed by both parties.
Article 2: Professional ethics
Select HR, in its capacity as a well-known recruitment and selection agency, operates in accordance with legal regulations governing recruitment and selection agencies and in accordance with legislation on the protection of privacy. References may be taken up only if authorised in writing by the candidate. Implicit authorisation is inferred from any explicit indication of a reference by the candidate's CV.
Article 3: Non-binding offers
All offers raised by Select Human Resources are non-binding. Select Human Resources can be bound by an offer only if the client's acceptance is sent to Select Human Resources without reservation or amendment.
Article 4: Provision of required information
The client undertakes to provide complete, appropriate and punctual supply of all data that Select Human Resources believes to be necessary or that the client believes to be necessary for the implementation of the Agreement.
Article 5: Confidentiality
Both the client and Select Human Resources NV/SA undertake to treat information gathered during collaboration on a strictly confidential basis with particular reference to conceptual proposals and working methods. With regard to candidates, the client receives only information whose disclosure has been approved by the candidate. Within the framework of legislation governing the protection of privacy, the client is prohibited from passing to any third parties the information obtained from Select Human Resources concerning any candidates. The confidentiality clause remains applicable after completion of the mission.
Article 6: Exclusivity
The client undertakes, within the framework of implementation of the final Agreement and throughout its duration, not to draw upon the services of third parties for services covering the same objective. In the event of the above clause not being adhered to, Select Human Resources NV/SA reserves the right to terminate the project with immediate effect and to claim the balance of the contracted amount as compensation.
Article 7: Liability
Select Human Resources takes on an obligation of means only for the implementation of the Agreement. Consequently, no guarantee can be given concerning the outcome of the mission. Select Human Resources accepts no responsibility for any damage caused by the fact of Select Human Resources' having relied on incomplete or incorrect information given to it by the client unless such instances of inaccuracy should have been known. Select Human Resources cannot be held in any way responsible for the actions of the client or of the coachee. The client and the coachee are entirely responsible for the decisions they make in the implementation of the Agreement and the consequences of such decisions.
Article 8: Payment and additional expenses
Article 9: Cancellation clause
In the event of unilateral breach of contract, the client shall, in pursuance of Civil Code Article 1126 ff, owe Select HR contractual compensation corresponding to the total amount of invoices that Select HR would have established had the Agreement continued until the normal time of its expiry, with a minimum of €125 per calendar day. This provision shall also be applicable in the event of nullity of the Agreement negotiated between the client and Select HR due to the client's failure to adhere to statutory obligations or due to the client's having submitted incorrect information upon conclusion of Agreement. Select HR shall be entitled to claim additional compensation subject to establishing the exact extent of the damage. This provision shall not apply if the client is able to prove that Select HR incurred manifest negligence in its fulfilment of contract.
Article 10: Copyright
All information supplied by Select HR, such as reports, opinions, tests, models, practice material, creations, sketches, designs, software etc., is intended exclusively to be utilised on behalf of the client. The client is not entitled to duplicate, publish or transmit any of the data mentioned above to any third parties other than by Select HR's written authorisation.
Article 11: No deviation from general conditions
These general conditions may not be deleted, and shall take precedence over all other conditions. The client's reference to its own general conditions shall be null & void. Departure from these general conditions is possible only if it is the subject of written agreement.
Article 12: Attribution of competence
Any dispute relating to the validity, interpretation & execution of these (particular and general) contractual conditions shall be brought exclusively before the courts competent for the head office of Select HR. However, Select HR shall be entitled to present its case to the court deemed competent by law.