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HUYSHOLLAND IT SOLUTIONS INTERNATIONAL RECRUITMENT TERMS AND CONDITIONS
Article 1. Definitions
1a. HuysHolland IT Solutions: HuysHolland IT Solutions and the businesses within which it has any direct or indirect commercial stake, are trading under the name HuysHolland IT Solutions, hereafter to be called "HuysHolland";
1b.Client: the natural person, company (or part of) or institution who has instructed HuysHolland for Recruitment & Selection of Candidate (s);
1c. Candidate: the natural person whom HuysHolland introduces to the Client with the aim of entering into an employment contract with the Client;
1d. Contract: the agreement between Candidate and Client to engage in any direct or indirect forms of employment at any time within twelve (12) months after introducing the Candidate to the Client with the intention of engaging in an employment contract. Wherever these terms and conditions refer to the employment contract, it is required to read and understand Article 2.1 b. and c. mentioned within this agreements.
1e. Salary: Gross (part-time to) fulltime (converted) annual salary including annual holiday bonuses and other emoluments as the result and mutual agreement of the ‘Employment Contract’ which is entered (at the start of employment) between Client and Candidate;
1f. Recruitment & Selection: all activities conducted by HuysHolland to find and select Candidate(s) as per the instructions of the Client.
1g.Partijen: HuysHolland and Client.
Article 2. Application
2.1 These terms and conditions will apply to the Recruitment & Selection upon the creation of:
a. employment contract and / or;
b. agreements to provide certain services, and / or
c. acceptance of agreements to work.
2.2 Different agreements to these terms and conditions only have legal validity when such concurrences have been exclusively approved by and agreed with in writing by HuysHolland.
Article 3. Recruitment & Selection Process
3.1 Upon sending an order confirmation by HuysHolland to the Client, execution will be given to the Recruitment & Selection instructions in conformity with what his been stated in the order confirmation.
3.2 Foundation to the Recruitment & Selection assignment is that information obtained from, and references provided by, the Client and the Candidates are correct and complete.
Article 4. End of contract
4.1 A Mandate for Recruitment & Selection is completed or ends – with the exception of mid-termination:
a. with the offer by the Client and acceptance by the Candidate of an employment contract.
b. if the functional description of the vacancy is amended during the contract by the Client in such way that the previously established function analysis and requirements assessment need to be reviewed. This is entered into a new contract.
c. Additional services to be provided by HuysHolland as part of the assignment and agreed in writing between HuysHolland and the Client, should be separately defined and therefore have no implications for in Article 4 definition end contract.
Article 5. Principal Duties
5.1 The Client is required to, for each employment contract which he/she has entered with a Candidate whom has been introduced by HuysHolland as part of their assignment, to promptly notified HuysHolland by sending a copy, signed by Client and Candidate, of the employment agreements or appointment letter.
5.2 The requirement in Article 5.1 stated above shall also apply to any direct or indirect employment contracts, which the Client and Candidate enter into within twelve (12) months after the introduction of the Candidate to the Client by HuysHolland, regardless of the position for which the Candidate was put forward.
Article 6. Mid-termination
6.1 Interim termination of the contract by the Client is possible when:
a. the vacancy and/or the employment assignment has been filled by a Candidate other than a HuysHolland nominated Candidate;
b. The Client (in writing) indicates that the requirement for vacancy and/or employment assignment, has been suspended.
Article 7. Recruitment & Selection fee and payment
7.1 a. Client shall inform HuysHolland immediately of the fact that an employment offer by the Client to Candidate is accepted.
b. HuysHolland uses Recruitment & Selection fee-based profiles, subject to line of business and prevalence of the function as per assessment by HuysHolland. The Recruitment & Selection fee programs are based on full-time employment and the salary as is applicable to the Client. If, in accordance with unforeseen circumstances no fee has been agreed, then at any time a fee of 25% of the salary (see Article 1, 1e) of the Candidate will apply. All listed fees are excluding VAT.
c. The payment is due when a Candidate and Client have concluded an employment contract or agreed a starting date. The fee is payable no later than the commence date of employment. The agreement of a different billing and/or payment term is without prejudice to the obligation of the Client to comply fully with the agreed fee.
d. The Client is, in accordance with Article 7.1 sub b., also required to pay the Recruitment & Selection fee in case Client refers Candidate to any third party within a period of twelve (12) months after any Candidate introduced by HuysHolland and the Candidate is offered any direct or indirect employment contract or assignment with this third party.
e. Client is required to pay the Recruitment & Selection fee within fourteen (14) calendar days after invoice date. If Client has not paid within the prescribed period, Client is automatically, and without legal interpretation, in breach of contract from the 15th day after the invoice date. Client is therefore subject to a default interest rate payment of 0.75% per fourteen (14) calendar days, in which a part of a week is accounted as a full week. Suspension of payment or settlement of Client is not allowed.
f. Client is furthermore required to pay the Recruitment & Selection fee within fourteen (14) calendar days after invoice date in the case Candidate is being offered an employment contract for any other position to the vacancy Candidate was initially selected for and presented to the Client.
g. If an assignment conducted by HuysHolland leads, either simultaneously or within twelve (12) months after the end of the contract, to the issuing of an employment contract by Client to a by HuysHolland proposed Candidate, regardless of what title, the fee Recruitment & Selection fee to HuysHolland will be payable by the Client.
h. Unless the parties agree otherwise in writing, Recruitment & Selection assignments are conducted on a "no cure, no pay basis." Client is free to recruit and select candidates through other channels to, in which case the Client is however obliged to keep HuysHolland informed of the progress of the selection activities through these other channels. Notwithstanding the above provisions, is that if Client does not sufficiently keep HuysHolland aware of the progress is made through alternative channels and if this causes HuysHolland unnecessary (extra) activities, those extra hours will be billed to the Client and Client is requires to compensate these are extra hours and any additional costs to at a normal hourly rate.
i. Apart from the said Article 7.1 sub b Recruitment & Selection fee (plus the payable VAT) Client is obligated to cover external costs, which HuysHolland has occurred in the context of the implementation of the contract on behalf of the Client. Such costs include but are not limited to:
a. the media and placement costs, if not directly charged to the Client;
b. the cost of medical examinations; c. any costs incurred immigration and naturalization procedures
d. travel, subsistence and accommodation expenses paid to or on behalf of Candidate;
e. travel, subsistence and accommodation costs for HuysHolland staff. For external costs HuysHolland can request advanced payments by the Client, which is settled with the final bill at the end of the assignment. Advertisement costs commissioned by HuysHolland on behalf of the client will- unless otherwise agreed - be charged to the Client by HuysHolland on an ongoing basis.
j. The in Article 7.1 sub i stated cost to the Client are derogating the 1st clause of Article 7.1 sub h and these costs are payable by Client regardless of whether or not HuysHolland been able to recruit and select a suitable Candidate.
k. Client is also subject to payment of the in Article 7.1 sub b mentioned Recruitment & Selection fee if Client decides not to hire the Candidate but arranges to utilize Candidate through contracting services provided by HuysHolland, on the basis of Article 7: 690 Civil Code, or if this third place, or if Client hires Candidate as a self-employed entity or through any third party.
Article 8. Guarantee
8.1 In case an already employed Candidate, who by HuysHolland recruited and selected for Client, terminates the employment contract within a period of between 0 and 1 month after commencing his /her employment, HuysHolland will recruit a new Candidate free of charge, in compliance with the requirements as stated in Article 8.2. In case an already employed Candidate, who by HuysHolland recruited and selected for Client, terminates the employment contract within a period of between 1 and 3 months after commencing his /her employment, HuysHolland will recruit a new Candidate at a reduced fee, namely 50% of the initial fee, in compliance with the requirements as stated in Article 8.2.
8.2 The guarantee as expressed in 8.1 applies only when and where the following cumulative requirements are met:
- The new Recruitment & Selection assignment is based on the same functional requirements, salary category and assessment requirements. In the event a new Candidate meets a higher salary category, HuysHolland will re-invoice Client for this difference.
- Client is required to have paid the original invoice, referring to the Candidate mentioned in Article 8.1, within the period of fourteen (14) calendar days after the invoice date;
- HuysHolland shall, within seven (7) calendar days after the employment termination date of by Candidate, receive a written confirmation from the Client includes the statement that the Client qualifies for the guarantee. Client shall submit to HuysHolland, a copy of the confirmation of Candidate withdrawal that is signed by both Client and Candidate;
- The guarantee is not enforceable if the termination of Candidate in mainly due to the Client;
- The guarantee takes place only once per Recruitment & Selection assignment.
8.3 This guarantee does not apply if different payment or billing arrangements are made, unless the guarantee categorically is declared to apply.
Article 9. Liability
9.1 The selection and nominations of Candidates to the Client are in accordance with best judgment and according to the standards of good workmanship, notwithstanding the provisions in Article 3.3.
9.2 HuysHolland can under no circumstances be held liable for the Client's (legal) costs, suffered loss of profits or resulted damage;
- From or in any way connected with the introduction of a Candidate or as subjecting to an employment contract between Client and Candidate, HuysHolland does not hold any liability;
- From the fact that HuysHolland has not been able to propose a suitable Candidate;
9.3 Client will render HuysHolland free of any liability for any claims made by third parties;
- From or in any way connected with the introduction of Candidate or the issuing of an employment contract to Candidate;
- The repeal of the vacancy, respectively, to fulfill the function by the Client.
9.4a. Client is responsible for the ultimate choice of Candidate. HuysHolland is not liable if Candidate does not meet the requirements set by the Client or his expectations.
b. All liability of HuysHolland under the command of Recruitment & Selection assignment, or whatever is therefore, are limited to the monetary value of the assignment.
9.5 HuysHolland is also explicitly indemnified from any form of liability around the recruitment and selection, as well as any involvement of HuysHolland in the coordination of the immigration and housing of candidates of foreign origin in the Netherlands.
9.6 Any materials made available by HuysHolland to Client, Candidates and / or third parties remain the property of HuysHolland. After the expiry of the contract Client should immediately return any material that was made available to Client by HuysHolland.
9.7 Any provided indicative period by HuysHolland within which a Recruitment & Selection assignment, including any involvement in immigration and naturalisation, can be completed, are only an indication and are not binding HuysHolland.
Article 10. Confidentiality
10.1 HuysHolland will treat any information provided by Client with strictly confidentiality, in compliance with the Personal Data Protection Act and HuysHolland will only use this within the framework of the contract. Client will in turn treat provided information - including information on Candidates
- Strictly confidential in compliance with the Personal Data Protection Act deal.
10.2 Client is, without the written permission of HuysHolland, not permitted to store information relating to Candidates who have not entered into a contract with Client or provide this information to third parties and/or use this information to enter into direct contact with Candidate.
Article 11. Non-discrimination
Each Candidate will be treated equally by HuysHolland and Client irrespective of his/her age, religion, philosophy, political affiliation, race, sex, nationality, sexual orientation, marital status, disability or a chronic illness and without prejudice to the relevant functional requirements.
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