General terms and conditions for clients
Green People Recruitment will introduce one or more candidates to you based on the available job profile. The moment you are interested in a candidate, you can invite him/her for an interview. By doing so, you agree with our terms of delivery.
Article 1 Scope of application
a. Recruitment & selection for direct entry into service is the assignment where Green People Recruitment selects one or more candidates deemed suitable for entry into service with the client and introduces them to the client verbally or in writing. An assignment of this kind will be successfully fulfilled if and as soon as a candidate presented by Green People Recruitment starts working for the client.
b. Taking up employment also includes any comparable form of actual employment of a candidate introduced by Green People Recruitment (e.g. as a contractor, as a partner, as a secondment worker, etc.), whether or not via a third party and whether or not at another branch of the client and/or at a company affiliated with its organisation.
c. Successful fulfilment of the recruitment & selection assignment also includes the case where a candidate introduced to the client by Green People Recruitment within twenty-four months of that introduction - whether or not after withdrawal of the assignment - enters into service or is otherwise employed, whether or not through a third party, in any capacity whatsoever, at the client's premises or at an affiliated company.
d. If the client or an associated company offers the candidate an employment contract in writing or verbally within 24 months after our offer, without informing Green People Recruitment of this within 14 days after the contract offer, Green People Recruitment will charge 4 monthly salaries excluding VAT for the costs incurred.
e. Unless the client has made an explicit reservation in this matter in writing beforehand, the fee is also due in case the candidate introduced by Green People Recruitment turns out to be known to the client.
Article 2 Fee
a. Depending on the position, a starting fee will be charged. If the placement is successful, the starting fee will be deducted from the final invoice.
b. On the successful fulfilment of the recruitment and selection assignment Green People Recruitment will charge the client a fee of 23% of the candidate's gross annual salary, plus the VAT owed.
c. The gross annual salary is the annual salary including all emoluments, as the candidate recommended by Green People Recruitment will earn upon commencement of employment. This annual salary is also based on a full working week and a full year, in case of a part-time position and/or employment contract shorter than one year.
d. If all parties agree the candidate can also work for the client on a temporary basis via Green People Recruitment. The client can possibly take over the candidate after 6 months (1040 hours) free of charge. The costs are a fixed factor x the gross hourly wage.
Article 3 Other expenses
The client owes Green People Recruitment no expenses other than the start fee and the fee upon successful completion of the agreement, unless explicit agreements have been made between Green People Recruitment and the client in this respect.
Article 4 Information obligation
The client is required to provide Green People Recruitment with the information regarding the gross annual salary and the start date of the candidate selected by Green People Recruitment within 14 (fourteen) days after a request to that end. In case the client does not provide timely, sufficient or incorrect information, Green People Recruitment is entitled to estimate the amount of gross annual salary and the start date and invoice according to this estimate.
Article 5 Responsibility
Within the framework of an assignment Green People Recruitment is obliged to make every effort to recruit and select suitable candidates for employment with the client. The decision to enter into an employment contract with a candidate selected by Green People Recruitment, as well as the content of this employment contract, the remuneration and the working conditions are the responsibility of the client. Green People Recruitment accepts no liability whatsoever for shortcomings of, and/or damage caused by a candidate selected by Green People Recruitment.
Article 6 Confidentiality
The client is not allowed to disclose data of a candidate proposed by Green People Recruitment to a third party without prior written consent of Green People Recruitment. In the event that the provisions of this article are violated, the client shall owe Green People Recruitment an immediately payable penalty of € 25.000,- per violation, without prejudice to Green People Recruitment's right to claim full compensation.
Article 7 Invoicing and payment
a. The fee for a recruitment and selection assignment will be invoiced to the client 14 (fourteen) days after the signing of the employment contract.
b. The term of payment of invoices sent by Green People Recruitment is 14 days after the invoice date. The client is not entitled to set off or to suspend any payment towards Green People Recruitment. In the absence of full payment within the stated term, the client is in default, without a further notice of default being required.
c. If the client is in default, it shall owe Green People Recruitment immediately due and payable interest on arrears in the amount of 2% of the principal amount owed per month, whereby a part of a month shall be counted as one month.
Article 8 Choice of law and disputes
The agreement as well as the assignment, the request and the offer of Green People Recruitment are fully governed by Dutch law. The applicability of the terms and conditions used by the client is at all times explicitly excluded, except in the case of explicitly agreed upon deviations in writing. In all disputes, each of the parties is free - if they cannot reach agreement by mutual consultation - to apply to the competent civil court. The Roermond District Court will in any case be competent to take cognisance of these disputes.