Article 1: Scope
These general conditions apply to all offers, assignments and agreements regarding recruitment and selection of staff by Select Human Resources N.V.
Article 2: Deontology
As an authorised recruitment and selection office, Select Human Resources operates in accordance with the legal regulations applicable to recruitment and selection offices and in accordance with the law on the protection of privacy. Information can only be gathered with the consent of the candidate. If the CV explicitly states a fact, then this serves as implicit permission.
Article 3: Obligation-free offers
All quotations and offers from Select Human Resources are without obligation. The quotation or offer can in no way be construed as conferring a right should the candidate to whom the quotation or the offer relates no longer be available in the interim.
Article 4: Provision of information and care
- The client is bound to furnish Select Human Resources with any potentially important information that might reasonably relate to the mediation, in a timely manner.
- The client is obliged to correctly and carefully treat the candidate nominated by Select Human Resources and the information provided by this nomination. This also means that the client is obliged to furnish Select Human Resources with a report within a reasonable time after the introductory meeting has taken place.
Article 5: Liability
- Select Human Resources is only obliged to apply its best efforts for the realization of agreements. For this reason, no guarantee can be given as to the outcome of the contract.
- The client is obliged to independently ascertain the suitability of the candidate before entering into an employment contract. Select Human Resources will take all precautions into account prior to and during the selection, but this does not absolve the client of its investigational obligation. Select Human Resources is not liable if it eventuates that the candidate does not meet the expectations of the client, unless Select Human Resources has been demonstrably negligent in the recruitment and selection. Any liability in this event is limited to a maximum of the compensation received for this contract.
- Select Human Resources is in no way liable for damages and losses caused by candidates who were appointed through its services.
- The client indemnifies Select Human Resources against damage and liability occasioned to third parties.
Article 6: Non-solicitation provision
Select Human Resources shall, for a period of 12 months after the creation of a recruitment agreement, refrain from approaching the principal's employee(s) with the intention of soliciting such employee(s) for another employer, unless such employee takes the initiative by demonstrably making it known that he/she wishes to accept a position elsewhere.
Article 7 : Confidentiality
Both parties are obliged to keep confidential all information obtained from each other in the framework of their agreement, or from another source.
Article 8 : Restraint of trade
- If the client declines to accept the candidate presented by Select Human Resources or the candidate refuses the client's offer and within 12 months after the first introduction of the candidate by Select HR to the client an employment contract is nevertheless concluded between the client and candidate, then the client concerned is liable to pay liquidated damages.
- The client is prohibited from passing candidates on to third parties or introducing candidates to third parties. If the client violates this prohibition, it is liable to pay liquidated damages equal to 20% of the gross annual salary of the candidate. This article is applicable from the time of the initial contact between the client and the contractor, even before the actual assignment commences. This article is also applicable to all candidates who are nominated by the contractor.
Article 9: Payment and additional costs
- Select Human Resources' invoices are payable upon receipt; net and without discount. When paying otherwise than by cash, bank transfer, debit or cheque, the cost of collection shall be borne by the client. In the absence of payment upon receipt of the invoice, interest at the rate of 0.85% per month is lawfully due without prior notice of default. Moreover, after written notice of default, liquidated damages amounting to 15% of the overdue amounts shall be payable, with a minimum of €125. Select HR's bills of exchange cannot change these arrangements and shall not create a novation of the debt. The candidate is not authorized to collect invoices. If the client fails to perform its lawful or contractual (i.e. special and general) obligations, including non-payment, Select HR has the right, without being liable for payment of any damages, to regard the current contracts as having been dissolved. The client shall completely indemnify Select HR against all adverse consequences that Select HR may suffer in this regard. All complaints regarding invoices must reach Select HR within eight days after the invoice date by means of motivated, registered letter. After this deadline, any complaints are inadmissible.
- When, during the execution of the contract, at the request of the client, the object of the performance would be amended (or when the profile of the candidate would be modified), the initial price will be increased in keeping with the additional work requested. When the client requests additional services that have not been described in the agreement, these will form the subject of an appendix, with separate billing.
Article 10: Cancellation of agreement
Upon unilateral termination of the contract the client is, on the basis of Article 1226 et. seq. of the Civil Code, liable to pay liquidated damages to Select HR corresponding to the sum of Select HR's invoices that would have been due if the contract had been fully executed. This applies equally in the event of the invalidity of the contract between the client and Select HR as a result of non-compliance with legal obligation by the client, or as a result of erroneous information having been provided by the client at the time of concluding the contract. Select HR has the right to demand increased damage compensation, on condition that they can prove the extent of such damage.
This is no longer possible when the client can prove, in an adequate manner, that Select HR has been demonstrably negligent in performing the contract.
Article 11: No digression from the terms and conditions
These general conditions may contain no deletion, and take precedence over all others. A reference by the client to its own terms and conditions shall be of no effect. An exception to the general conditions is possible only if it has been agreed upon in writing.
Article 12: Applicable law
Any dispute regarding the validity, interpretation and execution of this contract (i.e. special and general) shall be settled exclusively by the court nominated by Select HR's head office. Select HR, however, also has the right to sue in the court that would have jurisdiction under common law.