GENERAL TERMS AND CONDITIONS RECRUITMENT & SELECTION FOR e-people
Definitions
1. The following definitions apply in these General Terms and Conditions:
1. Engagement Fee: that part of the Fee that is to be paid by the Customer to e-people in the form of an advance at the start of the Assignment;
2. Costs for advertising: the costs of advertisements placed by e-people in connection with the execution of the Agreement, supplemented by a charge of 10% of these costs, being transaction costs;
3. Premature Termination Fee:
the compensation to be paid by the Customer to e-people in the event that the Customer terminates the Assignment, for whatever reason and/or in the case that e-people is compelled to terminate the Agreement as a result of actions, or failure to act, by the Customer, which compensation shall compensate the hours worked and costs incurred by e-people up to the moment of termination of the Assignment;
4. General Terms and Conditions:
these general terms and conditions for recruitment & selection registered at the Amsterdam Chamber of Commerce under registration number 34338132;
5. Company profile:
a description to be formulated by e-people in collaboration with the Customer of the company of the Customer, as well as the policy within the company of the Customer;
6. Gross annual salary:
all taxable income elements of the relevant Candidate, totalling the income arising from a Placement of this Candidate;
7. e-people:
the user of these General Terms and Conditions. E-people situated on Czaar Peterstraat 160 in Amsterdam, registered at the Chamber of Commerce under registration number 34338132;
8. External Costs:
all costs incurred by e-people in connection with the execution of the Agreement (including but not limited to costs of enlisted third parties);
9. Job description:
a description to be formulated by e-people in collaboration with the Customer of a job vacancy to be filled in the company of the Customer, as well as the requirements that need to be met by a Candidate for the relevant function;
10. Fee:
the amount to be paid by the Customer to e-people for the services supplied to the Customer based on the Agreement, which sum shall amount to at least €10,000 upon Placement of a Candidate;
11. Candidate:
a person selected by e-people that will be presented to the Customer for the Customer’s assessment, with a view to a Placement;
12. Candidate profile:
the written introduction of a Candidate for the benefit of the Customer;
13. Assignment:
the tasks to be executed by e-people as commissioned by the Customer for the recruitment & selection of one or more Candidates;
14. Customer:
each natural person (who acts in the practising of his profession and company) and each legal entity with whom e-people has an Agreement;
15. Agreement:
each Agreement for an Assignment that arises between e-people and the Customer, each modification thereof or supplement thereto, as well as all (legal) actions in preparation for and during the execution of that Agreement;
16. Placement:
the realisation of an employment contract between the Candidate and the Customer as a result of the services supplied by e-people in connection with an Agreement;
17. Interim Fee:
the part of the Fee to be paid by the Customer to e-people at the moment that during the presentation of Candidates it is evident that said Candidates are suitable;
18. Recruitment round:
a period defined beforehand in the Agreement during which e-people recruits Candidates in the context of the Assignment in connection with the Assignment as granted by the Customer.
General
1. These General Terms and Conditions apply for each offer and each Agreement between e-people and the Customer, to which e-people has stated that these General Terms and Conditions are applicable and insofar as these General Terms and Conditions have not been explicitly deviated from in writing or via email by the parties.
2. The present General Terms and Conditions apply equally to all Agreements with e-people for which third parties are required for their execution.
3. The applicability of any other general terms and conditions, such as purchasing conditions, to which are referred by the Customer, are hereby explicitly rejected.
4. In the case that one or more of the conditions in these General Terms and Conditions are void or are declared null, the remaining conditions of these General Terms and Conditions shall remain fully applicable. E-people and the Customer will then collaborate in order to agree on new conditions to replace the void and/or nullified conditions, whereby the goal and the intention of the original condition will be observed as much as possible.
5. The version of the General Terms and Conditions as that which applied at the time the Agreement came into being shall continue to apply, unless the Customer accepted the applicability of a revised version of the General Terms and Conditions after the closure of the Agreement.
Quotations and prices
1. The quotations of e-people apply for a period of 30 days after their date, unless otherwise indicated. E-people shall only be bound by quotations if the acceptance by the Customer is confirmed in writing or via email within the term specified in the quotation.
2. Obvious errors or mistakes on the website and in quotations, brochures or publications of e-people are not binding to e-people.
3. It is forbidden to make copies of a quotation drawn up by e-people, or its corresponding documents.
4. All prices and fees as specified by e-people are exclusive VAT.
Applicable law and competent judge
1. The Dutch law applies to these General Terms and Conditions and to the Agreement.
2. All disagreements that arise as a result of the Agreement or these General Terms and Conditions shall, to the extent that this is not otherwise prescribed by law, be subject to the judgement of the competent judge in Amsterdam, in the understanding that e-people has the right to bring claims against the Customer before other judicial courts that are qualified to take note of such claims.
Confidentiality
1. E-people and the Customer are obligated to secrecy concerning all confidential information that they have received in the context of their Agreement from each other or from other sources. Information is considered to be confidential if this has been communicated by the other party or if this arises from the nature of the information. If the Customer breaches this obligation to confidentiality, e-people has the right to terminate the Agreement immediately, in which case the Customer is obliged to pay the Premature Termination Fee to e-people, whereby e-people is authorised, in addition to the Premature Termination Fee, to claim other compensation, including any claims from disadvantaged Candidates as a result of the breach of the obligation to secrecy.
Assignment confirmation
1. Based on the information supplied by the Customer, e-people shall draw up the Assignment in writing. The Assignment confirmation, the Company profile and the Job description serve as the basis for the Assignment. Additionally, the Assignment confirmation specifies the total Fee and the chosen search method or methods.
2. An Agreement comes into existence at the moment e-people accepts an Assignment from the Customer in writing or via email, or due to e-people executing an Assignment.
Modification of the Agreement
1. If any modification or supplement to the Agreement has financial and/or qualitative consequences, e-people shall inform the Customer of this beforehand. If a fixed Fee has been agreed, e-people shall thereby indicate the degree to which the modification or supplement to the Agreement will result in this Fee being exceeded.
2. Modifying and/or supplementing the Agreement shall only come into force after both parties have agreed on this in writing or via email.
Cancellation
1. The Customer and e-people can cancel the Agreement at all times, as long as the cancellation is done in writing and contains a description of the reasons for the cancellation.
2. In the case of a cancellation by the Customer, e-people has the right to charge the Premature Termination Fee. At the same time, the Customer is obliged to pay the External Costs. If the Customer cancels the Agreement after the presentation of candidates considered suitable by the Customer, the Premature Termination Fee shall be at least equal to the Engagement Fee plus the Interim Fee.
Execution of the Agreement
1. E-people will execute the Agreement to its best judgement and ability in accordance with the requirements of good expertise.
2. E-people is authorised to have the Agreement executed, wholly or partially, by a third party.
3. E-people recruits and selects one or more Candidates on behalf of the Customer. The intention of the Agreement is to realise an employment contract between the Customer and a Candidate.
4. E-people will make efforts to find a suitable Candidate and will maintain a high level of service and integrity.
5. In the case that e-people fails to fill the job vacancy in the first Recruitment Round, an assessment will be carried out before a decision is made to continue the process of filling the job vacancy.
6. If both the Customer and e-people consider it feasible to perform a second Recruitment Round, this will be carried out by e-people.
7. In such a second Recruitment Round, either the job requirements or the recruitment method used must be substantially different to that in the first Recruitment Round, unless e-people was not able to deliver optimal recruitment efforts during the first Recruitment Round due to circumstances.
8. If a second Recruitment Round is not initiated, no restitution will take place of payments already made to e-people for Fees, Advertising Costs or External Costs. The Customer is not obliged to pay the Premature Termination Fee.
9. In the case of a second Recruitment Round, e-people will not charge a second Engagement- and/or Interim Fee, but only the agreed Fee and any (supplementary) External Costs and Advertising Costs.
If also after the second Recruitment Round, the job vacancy has still not been able to be filled, no restitution will take place of payments already made to e-people for Fees, Advertising Costs and External Costs. The Assignment will be handed back with a concrete advice from e-people concerning how the personnel issue of the Customer can be resolved in a manner other than via a recruitment & selection agency. The Customer is not obliged to pay the Premature Termination Fee.
If within six months from the moment of Placement the Candidate should terminate his employment, e-people is obliged to renew its efforts, on a one-time basis, to make available a long list of candidates to the Customer. This obligation for e-people arises first however, if (i) this has been explicitly agreed upon in writing in the Agreement, (ii) it concerns a case of the Candidate having been summarily dismissed, (iii) e-people itself, or the Customer has performed, or has had performed, a complete assessment during the selection procedure according to the guidelines of the NIP, (iv) no written or oral agreements with the Candidate have been violated by the Customer; and (v) the Candidate has not been or will not be dismissed due to business-economical or organisational reasons, or due to a merger or take-over with regard to the enterprise of the Customer.
If e-people did not itself carry out the assessment of the Candidate, the condition in sub-clause 11 of this article applies only, and for a maximum duration of, the agreed trial period (1 or 2 months).
Placements occurring as a result of a spontaneous Candidate introduction by e-people, or Placements as a result of recruitment activities based on the actual work performed (e-people Support) are excluded from the condition stated in sub-clause 11 of this article.
Exclusivity
E-people has exclusivity on its job vacancies. Throughout the period of exclusivity, Candidates will exclusively be proposed via e-people. Candidates who are made known via the Customer will be included by e-people in the procedure.
In the event of a breach of the exclusivity, the Premature Termination Fee will become immediately claimable for e-people, and e-people has the right to terminate the Agreement immediately by making this known to the Customer, without being obliged to pay any arising compensation to the Customer. No restitution will take place of payments already made to e-people for Fees, Advertisement Costs and External Costs. These will be set off against the Premature Termination Fee.
Employment contract
Once the Customer has come to an agreement with the Candidate, they close an employment contract (and a Placement has been achieved). A copy of this signed employment contract is then directly sent to e-people by the Customer.
If the Customer or an enterprise linked to the Customer ultimately employs a person that was proposed by e-people, but who was initially not employed by the Customer, within a year of the introduction by e-people, then the employment contract thus agreed is considered to have arisen as a result of the intermediation of e-people (a Placement is considered to have been realised) in accordance with the agreed conditions. An introduction is deemed to have taken place at the moment that e-people, after receiving permission from the Candidate, supplies his or her contact data and/or CV to the Customer for the first time, irrespective of whether this is done via the telephone, per email or in writing.
Candidates
Presentation of Candidates to the Customer takes place to the best judgement and ability of e-people, whereby e-people assumes that the information provided by those Candidates about themselves or from their referees are correct.
E-people shall remain objective during the assessment of Candidates.
E-people is completely free in the way they select the Candidate to be proposed to the Customer. In this context, e-people is not obliged to ask Candidates for personal or business references in order to gather information about the employment history and/or personal history of the Candidate. Nor will e-people actively gather information regarding the history of incapacity for work and/or the prevailing medical state of the Candidate.
To prevent making any unfair distinctions, in particular regarding religion, faith, political persuasion, gender, race, age, civil status, nationality, or on whatever ground, any demands that the Customer makes of the Candidate and that have nothing to do with the job vacancy, will not be considered.
References of a Candidate will be checked only after discussion with e-people and after receiving explicit permission from the relevant Candidate.
The Customer is responsible for the final choice and appointment of a Candidate.
The Customer is not authorised to supply information about candidates in any way to a third party or to propose Candidates to a third party without permission from e-people.
Obligations of the Customer
The Customer is responsible for making available in a timely manner all the information that e-people specifies as being necessary, or information that the Customer should reasonably be expected to understand is necessary for the execution of the Agreement.
E-people is only expected to (further) execute the Agreement if the Customer has made available the data and information required by e-people, in the form and in the manner desired by e-people. Extra costs, arising as a result of the Customer failing to make available the desired data and information, in a timely fashion, completely or to a great extent, shall be charged to the Customer.
E-people assumes that the Customer will comply with all its legal obligations.
The Customer shall treat all personal data of a Candidate that is made available to him as confidential and shall process this personal data in compliance with the Personal data Protection Act. The Customer safeguards e-people against claims from persons whose personal data is registered or is processed in the context of the registration of persons that the Customer conducts or for which the Customer is otherwise responsible according to the law.
If the Customer moves location, or the invoice address of the Customer is modified, the Customer must, prior to the move and as soon as possible, make known to e-people his new home address, place of residence, or office location and/or new invoice address in writing or via email to e-people.
Liability and exemption
E-people will make efforts to find a suitable Candidate, but gives no guarantee with respect to the suitability of the proposed Candidate. The Customer must convince himself of the suitability of the Candidate before employing a Candidate introduced by e-people. E-people is not liable should the Candidate not turn out to fulfil the requirements or expectations of the Customer.
E-people can not be made to compensate any damage that is a direct or indirect result of:
1. an event that in fact lies outside its power and therefore can not be attributed to its actions and/or inaction;
2. any act or failure to act on the part of the Customer, their subordinates, or any other persons, who are at work through, or because of, the Customer.
E-people is not liable for damage, of whatever nature, as a result of e-people acting on information supplied by the Customer that is incorrect and/or incomplete.
E-people accepts no responsibility whatsoever if, against the advice of e-people, the Customer nevertheless demands that certain tasks have to be done.
E-people does not guarantee the correctness of the information supplied by the Customer. E-people is therefore not liable should it turn out that the Candidate has supplied the Customer with incorrect and/or incomplete information.
E-people is not liable for any deficiencies of and/or damage caused by a Candidate.
E-people shall not be liable to pay compensation for any consequential damage. Consequential damage includes: trading loss, environmental damage, losses due to delays, loss of profits, disappointed expectations, (other) and immaterial damage, and damage due to violation of rights of third parties, including intellectual property rights.
In any case, the contractual and legal liability of e-people is restricted at all times to the amount paid by the Customer to e-people for the relevant Assignment, via which the liability occurred.
The restrictions of the liability for direct damage as included in these General Terms and Conditions do not apply if the damage is the result of deliberate actions or conscious recklessness of e-people or its subordinates.
The Customer shall exempt e-people from all third party risks, directly or indirectly related to the execution of the Agreement, and he shall reimburse e-people all damage, including (legal) consultancy costs that e-people suffers as a result of such claims for damages.
Complaints procedure and expiry
Complaints regarding the tasks performed must be immediately made known to e-people by the Customer. The notice of default must contain as detailed a description as possible of the shortcomings, so that e-people is able to respond adequately.
After the complaint has been lodged, the Customer must give e-people the opportunity to investigate the legitimacy of the complaint, and if necessary give e-people the chance to nonetheless perform the agreed tasks.
If the performing of the agreed tasks is no longer possible or meaningful, e-people shall only be liable within the limits of Article 14 of these General Terms and Conditions.
All legal claims must be submitted by the Customer within 1 year if the Customer is not satisfied with the tasks performed by and/or behaviour of e-people. If the Customer does not respond within this time period, the claim will expire.
Suspension and dissolution
E-people is authorised to dissolve the Agreement if the Customer fails to fulfil its obligations as stated in the Agreement and the Customer has not responded to a notice of default that was sent. The notice of default may not be required to be sent if the execution of the Agreement is no longer possible.
Furthermore, e-people is authorised to cancel the Agreement if circumstances occur which are of such a nature as to render it impossible to fulfil the Agreement, or by standards of reasonableness and fairness can no longer be demanded, or if other circumstances occur which are of such a nature that unmodified retention of the Agreement can not reasonably be expected.
E-people is authorised to postpone the fulfilment of the obligations arising from the Agreement, if after the closing of the Agreement it comes to the attention of e-people that circumstances provide good grounds to fear that the Customer will not fulfil said obligations.
In the event of liquidation, or of suspension of payment (or request thereto) or bankruptcy, or confiscation – if and to the extent that the confiscation is not lifted within 3 months – at the expense of the Customer, of debt reconstruction or other circumstance resulting in the Customer no longer being able to have free access to his capital, e-people is authorised to cancel the Agreement instantly and with immediate effect, without any obligation on its part to pay any compensation.
If the Agreement is dissolved, the claims of e-people against the Customer are directly collectable. If e-people suspends fulfilment of the obligations, it retains its legal rights and those of the Agreement.
Fee
For its services, e-people will charge the Customer the agreed Fee and any additional costs (External Costs and Advertising Costs).
In the Agreement, e-people and the Customer can agree on a fixed Fee. The fixed Fee amounts to a percentage of the Gross Annual Salary as specified in the Assignment confirmation or Agreement.
In the case of a fixed Fee, an advance payment in the form of an Engagement Fee will be charged.
If no fixed Fee is agreed, the Fee shall be based on the actual hours worked multiplied by the hourly rates as applied by e-people.
When one or more Candidate profiles are presented to the Customer by e-people, the Interim Fee is payable at the moment that suitability of (one or more) of the Candidates is established.
After the signing of the employment contract between a Candidate introduced by e-people and the Customer, the remainder of the Fee is payable by the Customer.
In the event that e-people performs the assessment, additional costs for this will be charged.
Payment
If the Customer fails to pay an interim invoice on time, e-people can postpone the execution of tasks until all outstanding amounts have been paid. E-people is not liable for any damage the Customer suffers as a result of this postponement. If the Customer does not respond to a Notice of default sent by e-people in which the Customer is offered a reasonable period of time to pay the interim invoice, e-people has the right to cancel the Agreement. In such a case, the Premature Termination Fee and any additional costs (External Costs and Advertising Costs) will be charged to the Customer.
The Customer must pay the invoices received from e-people within the term stated on the invoice.
The Customer must pay the full amount, without a discount or set-off.
If the Customer fails to pay the invoice within the period stated, the Customer must then pay the statutory commercial interest, in compliance with Article 6:119a of the Dutch Civil Code, applicable from the moment the Customer was in violation. Additionally, all collection costs, both judicial and extrajudicial, from the moment the Customer is in violation, are payable by the Customer. 15% collection fees will be charged over the first €2,500, 10% collection fees will be charged over the following €2,500, and 5% collection fees will be charged over the following €5,000, with a minimum charge of €40.
In the case of liquidation, bankruptcy, confiscation or suspension of payment of the Customer, the claims of e-people against the Customer are immediately collectable.
Only payments made to one of the bank accounts of e-people, and therefore to e-people itself, discharge the Customer, unless otherwise indicated.
Force majeure
E-people considers force majeure as being circumstances that hinder the fulfilment of the Agreement and that cannot be attributed to e-people. Below is a list of some such circumstances: (i) a general lack of essential affairs or services that are required to realise the obligation of effort agreed by e-people, (ii) unforeseeable stagnation on the part of suppliers or third parties on whom e-people is dependent, (iii) general transport problems, and (iv) illness of e-people personnel.
During the state of force majeure, the obligations of a party are suspended for the duration of this state of force majeure. If the state of force majeure lasts longer than a calendar month, both the Customer and e-people have the right to cancel the Agreement without an obligation existing to compensate the other party.
If at the onset of the force majeure e-people has partially fulfilled its obligations, or can fulfil only part of its obligations, e-people has the right to invoice separately the part already executed and that part to be executed, and the Customer is bound to pay this invoice for that part already executed and the executable part as though this concerned a separate Agreement.
Intellectual property
All articles, such as reports, advice, agreements, designs, sketches, drawings, software, etc. distributed by e-people must be used exclusively by the Customer and may not be reproduced, made public, or made known to third parties, without the prior permission of e-people, unless the nature of the distributed articles dictates otherwise.
