General terms and conditions IT Headhunter

Article 1. Definitions

These general terms and conditions use the following definitions, unless expressly indicated otherwise, or determined otherwise by the context:

  • IT Headhunter: the user of these general terms and conditions: IT Headhunter, with registered offices at Loes van Marlestraat 15 in Weesp, registered with the Chamber of Commerce with CoC number 34253127;
  • Client: the legal entity or natural person who acts in the pursuit of his profession or company which or who has concluded an Agreement with IT Headhunter;
  • Agreement: the Agreement between the Client and IT Headhunter;
  • Candidate: a person selected by IT Headhunter and introduced to the Client;
  • Employment Contract: the Employment Contract, the contract agreement, the freelance contract, or any other contract based on which the Candidate performs work for the Client as concluded between the Client and the Candidate.

Article 2. General

  • These general terms and conditions govern all offers by IT Headhunter, all agreements between IT Headhunter and the Client, and all work performed by IT Headhunter as commissioned by the Client.
  • The applicability of any purchase or other conditions of the Client is explicitly rejected.
  • If one or more provisions of these general terms and conditions are found to be invalid or void, the remaining provisions of these general terms and conditions will remain in full force and effect. IT Headhunter will replace the invalid or void provisions, in which respect the purpose and scope of the original provision(s) will be observed as much as possible.
  • IT Headhunter has the right to amend these general terms and conditions and to declare the new general terms and conditions applicable to existing agreements. The Client will be informed of the new version of the general terms and conditions and their effective date in writing or by email.

Article 3. Offered services

  • All offers of IT Headhunter are non-binding.
  • Manifest errors or mistakes in publications, quotations, email messages, and agreements of IT Headhunter will not be binding to IT Headhunter.
  • Listed prices and rates are in euros and do not include VAT.
  • Quotations, prices, and rates do not automatically apply to future contracts.

Article 4. Conclusion of the Agreement

  • The Agreement will be concluded at the moment the Client candidates for existing, future, and recurring vacancies) has expressly accepted the offer made by IT Headhunter by email.

Article 5. Implementation of the Agreement

  • IT Headhunter will implement the Agreement to the best of its insight and ability and in accordance with the requirements of good workmanship.
  • IT Headhunter will strive to find one or more suitable Candidate(s) and will observe a high quantity level in terms of service and integrity, but does not offer any guarantees concerning the suitability of the introduced candidates.
  • When implementing the Agreement, IT Headhunter will assume that the information provided to it by the Candidate is correct and complete. IT Headhunter is not required to verify the accuracy of this information and can thus not guarantee that the information is correct.

Article 6. Obligations of the Client

  • The Client will ensure that all details indicated by IT Headhunter as being necessary for the execution of the Agreement or of which the Client should reasonably understand the necessity are made available in a timely fashion.
  • The Client is responsible for the decision to conclude an employment Agreement with a Candidate selected by IT Headhunter as well as for the content of this Employment Contract, the remuneration, and the employment conditions.
  • If IT Headhunter performs work at the location of the Client, the Client must:
    • Arrange a workplace with the required facilities, such as a working Internet connection;
    • Ensure that the location(s) where and the conditions in which IT Headhunter perform the works are safe and meet all statutory requirements. The Client must take such measures that IT Headhunter is protected against any risks to its person, its dignity, and its properties during the performance of the work.

Article 7. Remuneration

  • If the parties have agreed on a success fee for the implementation of the Agreement, the Client will owe this success fee to IT Headhunter if the Candidate is hired by the Client. In this case, 50% of the agreed success fee will be invoiced at the start of the Employment Contract. If the Candidate is still employed by the Client after the statutory probationary period, the remaining 50% of the agreed success fee will be invoiced after the statutory probationary period.
  • The success fee is a percentage of the gross annual salary, including holiday allowance, of the Candidate. The percentage amount is listed in the offer by IT Headhunter.
  • Concluding an employment relationship in the context of this article is also defined as any comparable form of actual employment of a Candidate (e.g. as a contractor, partner, seconded worker, and the like), potentially through a third party or at another location of the Client and/or at an affiliate of the Client.
  • If the Client introduces a Candidate introduced by IT Headhunter to another (legal) person, company, or institution within 12 months and this results in an Employment Contract or a different employment relationship with that Candidate, the Client will be required to pay the agreed success fee.
  • If the parties have agreed on a fixed fee or an hourly rate for the implementation of the Agreement, the fee will not depend on the result of the work.
  • If the Client cancels an advertising campaign and/or a recruitment campaign after IT Headhunter has started this campaign, the Client will continue to owe the entire fee agreed for the campaign.

Article 8. Payment

  • Invoices sent by IT Headhunter must be paid within 14 days of the invoice date.
  • The Client does not have the right to settle or suspend any payment to IT Headhunter.
  • Objections to the invoice must be submitted to IT Headhunter within 7 days of the invoice date in writing or by email.
  • If the Client remains in default with respect to the payment period of 14 days, the Client will be in default by operation of law and will owe the statutory commercial interest to IT Headhunter. All collection costs arising from the moment of default of the Client, both judicial and extrajudicial, will also be borne by the Client. The extrajudicial collection costs will be 15% of the principal of the claim with a minimum of € 150.
  • Any payments made by the Client will first be used to settle the interest due, and then to settle the costs involved in the collection. Payments by the Client will only be used to settle the principal due after payment of the above amounts.
  • The claims of IT Headhunter on the Client will be immediately due and exigible in case of liquidation, bankruptcy, attachment, or suspension of payments of the Client.

Article 9. Suspension and dissolution

  • IT Headhunter has the right to suspend the implementation of the Agreement or to dissolve the Agreement if the Client fails to fulfil the obligations arising from the Agreement.
  • IT Headhunter also has the right to dissolve the Agreement if circumstances arise that make the implementation of the Agreement impossible, or if its implementation can in all reasonableness and fairness no longer be expected, or if other circumstances arise due to which the unaltered continuation of the Agreement can no longer reasonably be expected.
  • If attachment is levied on the assets of the Client, the Client applies for suspension of payments, is declared bankrupt, or otherwise loses the power to dispose of its assets, IT Headhunter will have the right to suspend the (continued) implementation of the Agreement, or to fully or partially dissolve the Agreement.
  • If IT Headhunter suspends the work or dissolves the Agreement, IT Headhunter will not be liable for any damage suffered by the Client as a result.
  • If the suspension of the work or the dissolution of the Agreement is attributable to the Client, IT Headhunter will have the right to charge the damage it incurs as a result of the suspension or dissolution to the Client.

Article 10. Liability and expiration

  • IT Headhunter cannot be held to pay compensation for any damage which is a direct or indirect result of:
    • An event that is beyond its control and thus cannot be attributed to it, as inter alia defined in Article 11 of these general terms and conditions;
    • Any act or omission of the Client, its subordinates, or other persons who perform work for or on behalf of the Client.
  • IT Headhunter is not liable for damages of any nature whatsoever, caused by the use of incorrect and/or incomplete data provided by or on behalf of the Client.
  • IT Headhunter does not guarantee the accuracy of the information provided by the Candidate. IT Headhunter will also not be liable if it becomes clear that the Candidate has provided incorrect and/or incomplete information to the Client and/or to IT Headhunter.
  • IT Headhunter will not be liable for shortcomings of and/or damage caused by the Candidate.
  • IT Headhunter will never be liable for indirect damage, including consequential damage, loss of profits, loss of savings, loss of turnover, delay costs, labour costs, reputational damage, imposed fines, and damage due to business standstill.
  • If IT Headhunter is found to be liable for any damage, this liability will be limited to the amount paid by the insurer of IT Headhunter. If the insurer does not provide compensation, or if the damage is not covered by the insurance, the liability of IT Headhunter will be limited to the fee paid by the Client for the work to which the liability relates.
  • The Client must file all legal claims within 1 year if the Client is not satisfied with the work or actions of IT Headhunter. The legal claim will expire if the Client does not take action on time.

Article 11. Force majeure

  • IT Headhunter is not required to fulfil any of its obligations if it is prevented from doing so due to force majeure. Force majeure includes weather influences, floods, water damage, earthquakes, natural disasters, acts of terror, obstructions by third parties, including obstructions by the government, illness of the natural person who implements the Agreement on behalf of IT Headhunter, epidemics, riots, wars, war hazards, fire, Internet outage, power outage, computer hacking, theft, government measures, and amendments to laws and regulations.
  • If the implementation is temporarily impossible due to force majeure, the Client will not have the right to dissolve the Agreement at no cost.
  • In case of a situation of force majeure, IT Headhunter will have the right to amend the Agreement accordingly, without the Client being entitled to (financial) compensation, unless this amendment leads to a financial advantage for IT Headhunter.
  • If IT Headhunter is prevented from fully or partially carrying out the work due to force majeure, IT Headhunter will have the right to suspend the performance of the work without being required to provide compensation for any damage suffered by the Client. All work performed up to the moment of suspension will be charged to the Client, unless the parties have agreed on a success fee and no Employment Contract was concluded.

Article 12. Processing of personal data

  • The Client will handle all personal data of candidates provided to it in a confidential manner and process these in accordance with the General Data Protection Regulation (GDPR).
  • IT Headhunter processes personal data in accordance with the General Data Protection Regulation. The Client can consult the IT Headhunter privacy statement for more information about the processing of personal data, available at [link to privacy statement on the website].

Article 13. Applicable law and competent court

  • All legal relationships in which IT Headhunter is involved are exclusively governed by the laws of the Netherlands.
  • All disputes related to this Agreement, these general terms and conditions, or any legal relationships that arise from them, specifically those concerning validity, interpretation, implementation, termination, or dissolution, will exclusively be settled by the court competent in the district where IT Headhunter is established, to the exclusion of any other court.