General Terms and Conditions

Recruitment conditions (for permanent positions)

Article 1 Definitions
Article 2 Non-discrimination and confidentiality
Article 3 Applicability
Article 4 Realization of the order
Article 5 Validity and termination of the order
Article 6 Execution of the order
Article 7 Warranty, fee and expenses
Article 8 Payments
Article 9 Approaches to personnel
Article 10 Travel and accommodation costs
Article 11 Currencies
Article 12 Liability
Article 13 Amendment of General Terms and Conditions
Article 14 Applicable law and jurisdiction clause

Article 1 Definitions
BAN Recruitment
Business Associates Network (BAN) Recruitment, registered at the Dutch Chamber of Commerce (KvK nr. 57310815)
Client
The natural or legal person from whom BAN Recruitment takes on the order.
Order
The agreement between the client and BAN Recruitment on the basis of which BAN Recruitment carries out recruitment and selection and/or executive search duties for the benefit of the client.
Order confirmation
The document to be sent by BAN Recruitment to the client, as a result of which the order becomes effective. The order confirmation contains in any event a description of the working method to be followed, fee(s), expenses and the method of payment.
Candidate
The person who is involved in recruitment and selection and/or executive search activities of BAN Recruitment for the benefit of the client.
Fee
The payment payable by the client to BAN Recruitment in relation to the order.

Article 2 Non-discrimination and confidentiality
1. Each candidate has equal opportunities in the recruitment and selection and/or executive search activities of BAN Recruitment, regardless of age, sex, marital status, sexual orientation, religion or beliefs, political choice, race, ethnic origin or nationality, without prejudice to the objective and real job requirements and provided that the candidate fulfils the order in the principal action.
2. BAN Recruitment shall keep confidential all that comes to its attention and is of a confidential nature in the exercise of its activities. BAN Recruitment shall submit no information, of which it knows or can be reasonably expected to know that it is incorrect and/or misleading.

Article 3 Applicability
1. These general terms and conditions are applicable to all quotations of and orders to BAN Recruitment. In addition, the OAWS Code of Conduct/ general terms and conditions are applicable to all quotations of and orders to BAN Recruitment. BAN Recruitment undertakes not to act contrary to said Code of Conduct/general terms and conditions. In case of conflict the general terms and conditions of BAN Recruitment prevail.
2. Derogation clauses and/or any general terms and conditions of the client are only valid if and insofar they are accepted in writing by BAN Recruitment. Any such acceptance may not be inferred from the fact that BAN Recruitment fails to contradict the statement of the client that it does not accept the general terms and conditions of BAN Recruitment and/or declares other general terms and conditions applicable.

Article 4 Realization of the order
1. All quotations submitted by BAN Recruitment and prices and conditions stated in them are entirely without obligation, unless BAN Recruitment has made a binding order, stating a term for acceptance. Verbal promises obligate BAN Recruitment only after it confirms them in writing.
2. Orders and changes to them are effected at the moment that BAN Recruitment has accepted them in writing by sending an order confirmation or at the moment that BAN Recruitment actually commences execution. BAN Recruitment is in no way obligated to commence execution of the order before the client has returned the order confirmation signed for approval to BAN Recruitment.

Article 5 Validity and termination of the order
1. The order is entered into for a definite or indefinite period. The order for a definite period terminates by operation of law at the moment that the agreed time has expired. Extension of the order for a definite period is only possible if such is agreed in writing between the parties.
2. Premature termination of the order by the client is only possible if such is agreed in writing between parties. In case of premature termination by the client BAN Recruitment retains the right to charge the client the fee stated in the order confirmation plus actual expenses. Premature termination in the sense of this paragraph is also understood to mean the premature modification of the job description in the broadest sense of the words.
3. In all events the order is terminated at the moment that the client enters into an employment relationship of any form for itself and/or through or for third parties with a candidate recommended by BAN Recruitment.
4. Orders between BAN Recruitment and the client may be dissolved without judicial intervention and without any notice of default being required at the moment that:
- client is put into bankruptcy;
- client has filed for a moratorium of payments;
- client is placed under conservatorship;
- an attachment of client’s property is levied;
- client otherwise loses the authority to dispose of its property or part thereof;
- in the judgment of BAN Recruitment collection of existing or future claims cannot be considered secure.

Article 6 Execution of the order
1. BAN Recruitment shall record in writing the vacancy of the client in question in the form of a job description or in the order confirmation. This preferably and insofar possible should in any event include: the content of the job, the desired profile of the chosen candidate on the basis of knowledge and skills, the environmental factors within which the order is placed and the assessment criteria which determine the selection of the candidate.
2. BAN Recruitment shall make every effort to recommend one or more candidates on the basis of the job description as referred to in the first paragraph of this article.
3. BAN Recruitment guarantees a proper execution of the order. By accepting the order BAN Recruitment assumes an obligation to perform to the best of one’s ability. Recommendations of candidates are based on the best of one’s knowledge and in accordance with the standards of good workmanship.
4. If parties make agreements on the time within which an order is to be completed, these agreements should be considered to be of an indicative nature. BAN Recruitment accepts no liability whatsoever in this matter.
5. BAN Recruitment is not responsible for information and data submitted by the client as part of the order and BAN Recruitment assumes that the information and data submitted is correct.
6. BAN Recruitment assumes that information and data submitted by the candidate about him- or herself or obtained from references about the candidate are correct.
7. BAN Recruitment shall adopt an impartial attitude in the assessment of the candidates.
8. BAN Recruitment shall accept no remuneration in whatever form from anyone other than the client as part of the order. BAN Recruitment shall under no circumstance develop activities in the field of bilateral mediation.
Article 7 Warranty, fee and expenses
1. The agreed fee is in all events payable by the client to BAN Recruitment as soon as it enters into an employment relationship of any kind with the candidate directly for itself and/or through or for third parties. If the employment relationship referred to above is terminated by the client within 4 months of entering into that employment relationship on the ground of an urgent reason as referred to in 7:677 paragraph 1 of the Netherlands Civil Code, BAN Recruitment shall, on the written request of the client, execute the order again at no cost according to the terms and conditions already agreed. That which is stated in the previous sentence is also applicable if the employment relationship is terminated within the probationary period, regardless of the reason for doing so and regardless of on whose initiative the employment relationship is terminated.
2. BAN Recruitment calculates the fee as agreed upon by the candidate upon gross fulltime annual remuneration inclusive holiday pay, thirteenth and fourteenth month's salary (if applicable). Bonuses, car allowances and other financial benefits will not be included in the recruitment fee. The fee for a part-time employment contract and/or a fixed term employment contract shorter than one year will be similar to the fee on the basis of the expected fulltime annual remuneration. Where a company car / lease car is provided this will be deemed to have a value of € 5.000,-.
The recruitment fee for each assignment will be 17,5% of Year Salary, based on exclusivity and based on “No Cure, No Pay”. If the assignment is not exclusive the rate will be applied to 20%, unless otherwise agreed.
3. All expenses made by BAN Recruitment in accordance with the order confirmation shall be billed separately to the client. This includes in any event - but is not limited to - the costs of advertising and placing the vacancy on Internet.

Article 8 Payments
1. Payment should be made within 14 days of date of invoice by transferring the amount to the BAN Recruitment account stated on the invoice.
2. The client shall pay all invoices free of deductions and setoff, without suspension due to perceived or actual attributable shortcomings and without the client being permitted to block its payment obligation by garnishment or otherwise.
3. If the client fails to pay within the term fixed, default will become effective upon commencement of the due date by operation of law, without any notice of default or demand for payment being required from BAN Recruitment. In such an event the client is obligated to pay interest on the due amount of 1% for each month as of the due date through the day of payment.
4. If BAN Recruitment proceeds to take measures for collection of the claim, the client is obligated to compensate all costs made in connection with the matter by BAN Recruitment. These include all payments with respect to third parties called in and all costs made by BAN Recruitment within its own organization and that may in all reasonableness be attributed, partly or wholly, to the measure in question. In case of collection of the due amounts BAN Recruitment has the choice of demanding the costs made in this way in an itemized fashion or to fix those costs at 15% of the wrongly unpaid amount.

Article 9 Approaches to personnel
1. BAN Recruitment shall, for the duration of the order and within a twelve months period following the termination thereof, refrain from approaching employee(s) of the client for a position elsewhere, unless the wish to change positions originates from the employee(s) and BAN Recruitment is in possession of a written confirmation from the employee(s).
2. If client and/or one of its allied companies enters into an employment relationship or collaboration in any form whatsoever within a twelve month period following the termination of the order with a candidate introduced to client by BAN Recruitment - and rejected by client - directly for itself or through and/or for third parties, such will result in the immediate obligation to pay by client to BAN Recruitment of the total intermediation fee agreed in the order confirmation.

Article 10 Travel and accommodation costs
The client must reimburse travel and accommodation costs incurred by candidates for job interviews.

Article 11 Currencies
All offers, invoices, etcetera are exclusive of VAT and stated in Euro, unless indicated otherwise.

Article 12 Liability
1. BAN Recruitment can never be held liable for damage and/or losses including consequential damage as a result of acts or omissions by a candidate introduced by BAN Recruitment with whom the client directly for itself and/or through or for third parties, (partly) as a result of the execution of the order by BAN Recruitment, has entered into an employment relationship in any form whatsoever.
2. BAN Recruitment endeavours to provide professional and reliable assistance, but offers no guarantee whatsoever regarding a proposed candidate, and accepts no liability whatsoever for any loss, damage, liability, delays, costs or expenses arising from or related to the activities performed by BAN Recruitment for the client. BAN Recruitment is also not responsible for the verification of references, testimonials, report cards, certificates, diplomas and the like of proposed candidates, nor for obtaining or verifying work permits or verifying the mental or physical condition of candidates. Problems as a result of force majeure that disrupt ordinary business operations and delay the performance of any assignment or make it reasonably impossible, discharge BAN Recruitment from compliance with the agreed delivery term or obligation to deliver, without the client being entitled in that regard to any compensation of the costs, damage and interest. If BAN Recruitment is liable for any damage, BAN Recruitment will never be liable for amounts greater than the invoice amount.

Article 13 Amendment of General Terms and Conditions
BAN Recruitment is authorised to amend these General Terms and Conditions.

Article 14 Applicable law and jurisdiction clause
All agreements between BAN Recruitment and the client are governed by Dutch law. In deviation from the statutory rules regarding the competence of the civil court, all disputes between the client and BAN Recruitment will be adjudicated by the Rotterdam District Court, if the district court has jurisdiction. BAN Recruitment continues to be authorised, however, to summon the opposite party before the court having jurisdiction according to the law or the applicable international treaty.

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Contact information:

Business Associates Network (BAN) Recruitment
P.O. Box 54150
3008 JD Rotterdam

E: contact@banrecruitment.com
W: www.banrecruitment.com