SOLID RECRUITMENT DELIVERY CONDITIONS
Article 1: General
1. All offers made by Solid Recruitment are free of obligations, unless the contrary has explicitly been recorded in an offer.
2. Solid Recruitment will confirm every assignment stating the nature of the services. In the absence of such confirmation, the nature of the services will be derived from the correspondence between the parties.
3. Solid Recruitment reserves the right to terminate an assignment unilaterally. It cannot be held liable for any consequences of such unilateral termination.
Article 2: Recruitment & selection
1. By accepting an assignment for recruitment & selection Solid Recruitment takes on a best efforts obligation. The presentation of a candidate is effected to the best of its knowledge and in accordance with the standards of good workmanship.
2. Information provided by the client and the candidate to Solid Recruitment will be accepted as correct by Solid Recruitment.
3. References will only be obtained with permission of the candidate.
4. The client is responsible for the final choice of a candidate. Solid Recruitment will not be liable if it turns out that the candidate fails to meet the client’s requirements or expectations, unless this is the demonstrable result of acts or omissions by Solid Recruitment and is contrary to the provisions of paragraph 1 of this article. Any liability of Solid Recruitment will in that case be limited to no more than the fee agreed with the client in writing.
5. If the client uses the services of Solid Recruitment for recruiting and selecting a candidate and the client enters into an employment relationship with the selected candidate, the client will be charged a recruitment & selection fee of 23,5% of the gross annual salary of the candidate in question, including holiday allowance and on full-time basis, with a minimum fee of € 7,500.00. The above-mentioned fees are exclusive of VAT.
6. The client is not permitted to have a candidate who was brought into contact with the client through the intermediation of Solid Recruitment carry out work for it, directly or indirectly, without consulting Solid Recruitment. The above likewise applies to organisations that are affiliated with the client, whether through a group of companies or otherwise. The aforementioned payment also applies during a year after, through the intermediation of Solid Recruitment, the last contact between the client and the candidate took place. Furthermore, the client is not permitted to disclose data of the candidates proposed by Solid Recruitment to third parties. In the event of violation of the above provisions, the client will owe Solid Recruitment an immediately due and payable penalty, not subject to mitigation, of six gross monthly salaries excluding VAT for each violation, without prejudice to Solid Recruitment’s right to claim compensation in full from the client.
Article 3: Secondment
1. The secondment of an employee (who has an employment contract with Solid Recruitment) takes place for the duration of the work. This duration will be estimated in advance, in consultation with the client, and will be recorded in the secondment agreement to be concluded with the client.
2. The client can employ a seconded employee of Solid Recruitment in its own organisation and in this way continue any work relation with the seconded employee in an employment relationship with Solid Recruitment’s client, without additional costs, after a secondment period of at least 1850 hours worked and invoiced to the client.
3. Solid Recruitment cannot be held liable if the seconded employee decides, for reasons of his/her own, to end the secondment earlier than agreed between the client and Solid Recruitment. Rotterdam Airportplein 34 | 3045 AP Rotterdam T: +31 (0)10-2450011 www.solid-recruitment.nl | Email: firstname.lastname@example.org
Article 4: Invoicing
1. In case of secondment by Solid Recruitment, the invoices will be drawn up based on the time sheets signed for approval by the client. These time sheets are binding on the client. The client is obliged to ensure that the correct number of hours worked is stated on the time sheets, including any overtime. In case of a difference between the time sheet submitted by the employee to Solid Recruitment and the copy kept by the client, the time sheet submitted to Solid Recruitment will constitute conclusive proof, subject to proof by the client that the copy kept by it is correct.
2. The invoicing of the hours worked by the seconded employee and any other costs arising from the secondment, such as e.g. travel expenses, will be based on the hourly rate stated in the secondment agreement, excluding VAT. If work is carried out outside the usual business hours, an additional surcharge will be charged for these hours: from Monday through Friday 25%, on Saturdays 50%, and on Sundays and national and/or religious holidays 100%.
Article 5: Payment
1. The client is at all times obliged to pay any invoice submitted by Solid Recruitment within 14 days of the invoice date, unless otherwise agreed in writing. Payment obligations are never eligible for compensation.
2. Only payments to Solid Recruitment clear the debt. Making payments to employees or providing advances to those employees is prohibited and will never constitute grounds for discharge of debts or setoff.
3. If an invoice of Solid Recruitment is not paid within the term referred to in paragraph 1 of this article, the client will be in default from that time, without a notice of default, and will owe a default interest of 1% per calendar month. Part of a month will be calculated as a full month.
4. The copy of the invoice sent by Solid Recruitment is deemed to be full proof of the obligation to pay the interest and the day on which the interest calculation starts.
5. Complaints on any invoice must be submitted to Solid Recruitment in writing within 7 days of the invoice date. The burden of proof for timely submission of the complaint lies with the client. A complaint does not affect the payment obligation.
6. All collection costs, including the full costs of legal assistance, in legal and other proceedings – provided by whomsoever – will fully be for the account of the client. These costs will always be invoiced without any further proof, as soon as legal assistance has been obtained by Solid Recruitment or the claim has been outsourced by Solid Recruitment for collection, and will be payable by the client.
7. If the client fails to pay, Solid Recruitment reserves the right to withdraw an employee seconded by Solid Recruitment immediately, without observing a notice period and without any further liability.
Article 6: Rate changes
1. Solid Recruitment is free to implement in its rates any increase of the wage costs of a seconded employee as a result of amended legislation and/or changes in social insurance contributions and insurance laws and/or changes in the collective labour agreement, if this applies to the employee, with effect from the time of such increase. Rotterdam Airportplein 34 | 3045 AP Rotterdam T: +31 (0)10-2450011 www.solid-recruitment.nl | Email: email@example.com
Article 7: Liability
1. The work of an employee seconded by Solid Recruitment will be carried out under the management and supervision of the client.
2. Solid Recruitment does not have any liability whatsoever for any damage and losses caused by employees seconded by Solid Recruitment to third parties or to the client. Nor can Solid Recruitment be held liable for any obligations assumed by employees seconded by Solid Recruitment that are binding on the client or that have arisen through these employees in any other way during the work at the client and that bind the client or its staff or any other third parties.
3. In the event of secondment of an employee by Solid Recruitment to one of its clients, that client will be deemed to be the employer within the meaning of the Working Conditions Act. The client is obliged to have the employee carry out the work with due observance of the requirements set under or pursuant to the law. The client is obliged towards Solid Recruitment to take such measures and to give such instructions as to protect the employee to the extent that may reasonably be required with regard to the nature of the work. If the client does not or does not sufficiently fulfil its obligations pursuant to the above and, as a result, the employee concerned, surviving dependants of the employee or Solid Recruitment suffer damage within the meaning of Book 7A, article 1638 of the Dutch Civil Code or otherwise, the client will be obliged towards Solid Recruitment to compensate the damage suffered by the employee or his/her surviving dependants, unless the client proves that the damage to a considerable extent results from intent or deliberate recklessness on the part of the employee.
4. The client can be taken to court for damage to his/her person, his/her decency or property, suffered by an employee during the work for the client. As the client is the only party that can influence these working conditions, Solid Recruitment reserves the right to recover any claims addressed to Solid Recruitment in this matter from the client and if necessary, to add the client as a third party for this purpose.
Article 8: Dispute settlement
1. All agreements to which these conditions apply in full or in part are governed by Dutch law. 2. Any disputes that cannot amicably be settled will be submitted to the competent court in Rotterdam.
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