JOTMARDRISEP- Trade SALES RECRUITMENT GROUP – Vught -KVK 61524743
GENERAL IMPLEMENTING AND
OF JOTMARDRISEP / SALES RECRUITMENT GROUP
1: Definitions and applicable conditions
2: Formation of theConvention
3: Compliance Item
8: Termination of employment of Masters / Coulance Scheme
9 Continuing obligations
10: Applicable law and disputes
Article 1: Definitions and Conditions applicable
Article 1: Definitions and Conditions applicable
1.1 These general conditions apply to all offers (applications), offers and agreements on
the provision of services by JOTMARDRISEP trade: Sales Recruitment Group and all its affiliates (hereinafter
hereinafter: Contractor) under the assignment agreement, specifically the mediation agreement,
the other party (hereinafter: Client) and also to all legal relationships arising from such agreements, as well as all non-contractual relationships
between the parties, in particular tort.
1.2 In these conditions the following terms have the following meanings:
– Candidate: a person who is recruited by the Contractor and selected to fill a vacancy at the Client.
– Gross Salary: The salary of the candidate based on a full year and full-time employment (forty hours) in the
first year of service with the Client. Under this gross annual salary is also understood to mean a (if any), and thirteenth month
holiday pay, holiday allowance, bonus / commission (on-target earnings / OTE), mobility budget (auto / travel expenses, moving expenses,
all other associated primary and secondary conditions and benefits, agreed between the Candidate and Client. A car made available by the
Client in this context given limited and equivalent to five thousand euros gross salary – Introduction:.. presenting the data of the candidate by
the Contractor it does not matter which candidate before by another party ever suggested or Principal Candidate already knows.
– Agreement: agreement between Applicant and Principal completing a temporary or permanent
employment, or on the conclusion of an agreement on the provision of services in the broadest sense of the
word for Client.
– Agreement: the (mediation) agreement between the Client and the Contractor.
– “On hold” set of a command: suspending by the client in any way from the performance of the
(Mediation) agreement with the Contractor.
– All of these conditions as well as bids and offers of the Contractor amounts are exclusive of VAT.
1.3 From these general conditions derogatory terms – which may also include general and special
(Delivery) terms and conditions of the Client – apply only if and to the extent expressly authorized in writing by
1.4 These conditions are available on the website of the Contractor and, if they have not already been made available and
distributed to client’s first request.
1.5 The contractor reserves the right to change these terms and conditions unilaterally. A change will also apply
agreements which have been effected prior to the change. An amendment shall not enter into force
than fourteen days notice of such change to the Client or Candidate. The notification form is free. If
Customer does not agree to the change, each party is entitled to terminate the Agreement at the date on which the change occurs.
1.6 . If one or more provisions are invalid in these terms and conditions or voided remain
other provisions of these terms and conditions apply. Contractor and Client shall
consult in order to agree new provisions to replace the invalid provisions,
if and as far as possible the purpose and intent of the original provisions are observed.
1.7 The Contract is entered under the condition of no exclusivity, semi exclusivity or exclusivity, such as both parties agree to this, which is
confirmed in writing by the Service Provider. If the parties exclusive or semi-exclusive match and Client acts contrary to the agreed
exclusivity as described in 1.8, the Client an immediately payable penalty equal to the minimum fee mentioned in article four of these
conditions, without prejudice to the Contractor’s right to it has suffered and suffered damage to get reimbursed.
1.8 Contractor uses an exclusivity agreement for a period of three months. and a semi-exclusive agreement of 3 weeks exclusivity,
effective for starting on the first job interview.
Article 2: Conclusion of the Agreement
2.1 The manner in which the contract by the Client for the provision of services
prescribed form. The agreement comes about by accepting the assignment contract by the Client
Contractor, or accepting the offer to services of the Contractor by the Client.
2.2 Contractor is to use after the conclusion of the Agreement entitled name and / or logo of the Client
supporting the implementation of services and promotion of the Contractor.
2.3 If, after the conclusion of the Agreement with the Contractor through its mission, then
yet it withdraws to fill a vacancy, or the contract or fill a vacancy for a period longer than
Four weeks on hold put, the job profile or fundamentally alter a job with those already employed by the Client
enter internal candidate, is revoked by the Client to the job assignment or a cancellation fee
owed a large sum equal to half the minimum fee as set out in section four of this
2.4 Contractor vacancy Client will be as much as reasonably possible to capture in the form of a job or otherwise in the contract.
For example, the content of the function is, what is the profile of the desired candidate (including knowledge and skills) and the
assessment criteria used for selection.
2.5 Contractor shall endeavor two or more candidates to nominate. Entries which time a contract would have to be met, are always considered
indicative. Contractor not shoot culpably to the client and is not obliged to pay any damages or costs to the
Client if the Contractor for whatever reason, can not offer a candidate or not timely.
2.6 Contractor is not responsible for the information provided by the Client. Contractor assumes that the information is accurate and
complete. Contractor assumes much from the information and data it has obtained the Candidate or referees is complete and correct. She
is not in there
Article 3: Compliance
3.1 If, between the client, as well as all of her / him in any way affiliated companies, and by the Contractor
proposed candidate within one year after the first introduction of compliance exists, the Client shall so
within five working days after the conclusion of the Agreement to give written notice to the Contractor under
transmission of the terms of the agreement. If Client fails to fulfill this obligation, any entitlement to
the compensation scheme, as defined in Article eight of these general terms. For whether
Agreement, it does not matter whether the conclusion of a contract between the Client
and the candidate is subject to the good completion of a probationary period, or that the proposed candidate a
fill another vacancy, for which he or she is introduced by the Contractor.
3.2 . Also, there is of understanding, if a vacancy, after reaching of understanding, yet lapsed.
3.3 If the Principal Contractor within five working days after reaching Agreement in writing
notice of the completion of the Arrangement, is Client to an immediately payable penalty
owed a sum of € 10,000, – without prejudice to the right of the Contractor a fee in accordance with section four, then
or billing Article 3.4 of the Client.
3.4 If the Client within five working days after the date of a written request on the part of Contractor proceeds to the transmission of
employment and salary data, which includes the gross annual salary of
the Candidate, in order to allow the Contractor the opportunity owed by Client
fee -in accordance with Article 4 of these General leveringsvoorwaarden- (yet) to charge the Customer,
Entitled to charge a fee based on known information, or client to pay a fixed fee to the contractor a sum of €
3.5 . The Client during and up to two (2) years after the end of the agreement allowed employees
Contractor to provide an employment contract with the Principal and / or to make an offer to enter into a
agreement with the Client in any form without the express prior written consent of
Contractor. With workers means workers who are employed at the time of the Contractor or there
less than twelve months earlier were employed. Violation of this prohibition or the provisions of this article
Client an immediately payable penalty to the Contractor a sum of € 20,000, regardless of the
Contractor’s right to claim the damage suffered by it and suffer the Client, regardless of the law
Contractor to demand fulfillment of the provisions of this article.
Article 4: Fees
4.1 At the time of Understanding between the Client and Candidate Client a fee on the
Gross annual salary of the relevant candidate due to the Contractor in accordance with the rates set out in
Article 4.2, with a minimum fee applies for an amount of € 7,000 .-. including start fee.
4.2 Gross annual salary Fees
Option Exclusive: Gross Salary 20%, no initial payment option Semi Exclusive: Gross
Salary 20% – € 575, -startvergoeding
No option Exclusive: Gross Salary 20% – € 1150, – starting fee
4.3 The paid starting fee is deducted from the final fee payable
4.4 Option No Cure No Pay: Gross Salary 25%
Article 5: Payment
5.1 The fee, as noted in Article 4 of these conditions, will only be charged by the Contractor in
Client with the invoice date, the time of understanding between the client and a candidate.
5.2 If the Client would like to work prior to agreement and in writing with a purchase order
The Client connects itself to counted within 14 days from the day of the time that the Client and
Candidate Agreement have the Contractor to provide a purchase order. If Client fails within that period to provide the purchase order, the
Contractor is free to bring the fee charged without an accompanying purchase order.
5.3 Payment of invoices must be made within 14 calendar days after the invoice date. Exceeding this
Principal payment is legally in default and default interest equal to the then applicable legal
commercial interest under article 6: 119a of the Dutch Civil Code. Client does not have the right to set-off or suspension.
5.4 Parties may make alternative payment arrangements, in the sense that the Client as part of the information provided by him
command is a different fee due, payment arrangements which are attached in writing, and for which a different payment may apply.
5.5 If the Client within five calendar days after sending a bill written by the content of the
bill protests, Customer shall be deemed to have accepted (the contents of) the bill.
5.6 Payment can only be a legal tender in cash or by crediting of cashless payment at
bank or post office account number of the Supplier, as stated on the invoice.
5.7 Exceeding the payment as mentioned in Article 5.3 and / or confirmed in a confirmation
Client any right (more) on the compensation scheme, as defined in Article eight of these terms and conditions.
Also, in the case of exceeding the payment all (possible) other outstanding invoices / credits and
to dispatch invoices payable in full immediately.
5.8 In the absence of prompt and full payment by the Client, the Client has a duty to recover the
claim to reimburse judicial and extrajudicial costs to the Contractor, the extrajudicial costs will amount to at least 15% of the overdue amount.
5.9 Principal payments first serve to settle all interest and costs
then the invoices which the longest even if the Customer upon payment explicitly states that the
payment relates to a later invoice.
Article 6: Liability
6.1 The contractor is not liable for damage or caused by a candidate. client needs
themselves to check whether the candidate about any (work) permits, VAR statements and / or other requested
available documents. Contractor shall never be party to the agreement between the Client and Candidate.
6.2 The contractor is not liable for any damage, loss or delay resulting from a culpable
shortcoming, tort or any reason whatsoever, unless there is intent or deliberate recklessness on the part of the Contractor.
6.3 Furthermore, is not recoverable: delay damages, consequential damages, lost profits and loss of income.
6.4 In case Client despite what above specified in Articles 6.1-6.3, a sound basis for a
claim against the Contractor believes to have, first mentioned this alleged claim without delay, with
modestly supported and properly substantiated in writing to submit to the Contractor at the risk of forfeiting
straight. Without prejudice to article 6:89 of the Civil Code lapse to compensation
In any case the contractor a year after the event that the damage has occurred and for which the contractor would be liable.
6.5 Notwithstanding the above items 6.1 6.3 certain liability is limited to Contractor
the amount paid in the relevant case under paid by its closed professional / business liability insurance (s), plus the amount of the excess of
policy conditions is not borne by the insurers. On request of the (under cover) Contractor
Closed professional / business liability (s) provided information.
6.6 If for any reason will not be paid by the insurer referred to in clause 6.5, every
Contractor’s liability is limited to the Contractor in the calendar year amounts paid by the Client due to her activities, subject to a maximum
amount of € 7.000, -.
Article 7: Confidentiality
7.1 The Client confidentiality with regard to information about candidates. All information (in the
broadest sense) of Candidates is strictly confidential and may not be disclosed by the Client
third parties. If the Contractor in any way whatsoever damage suffered as a result of a breach of confidentiality by the Client, the Client is
immediately payable penalty of €
5000, – per
offense, without prejudice to the Contractor’s right to recover the actually suffered by it and suffer damage.
7.2 If confidential information about a candidate is passed by the Client to a third party and
resulting in an agreement between that third party and the candidate, then the Client is a fee
due to the Contractor of 35% of the gross annual salary of the candidate in his first year of service with his new employer.
Article 8: End of employment Masters / Coulance Control & Guarantee
8.1 Guarantee schemes are applicable only when previously agreed expressly and in writing.
8.1.2 leniency scheme leniency scheme leniency scheme leniency scheme leniency scheme leniency scheme , If an employment contract with a candidate within eight weeks of starting ends because Candidate itself stops or If an employment contract with a candidate within eight weeks of starting ends because Candidate itself stops or If an employment contract with a candidate within eight weeks of starting ends because Candidate itself stops or If an employment contract with a candidate within eight weeks of starting ends because Candidate itself stops or If an employment contract with a candidate within eight weeks of starting ends because Candidate itself stops or If an employment contract with a candidate within eight weeks of starting ends because Candidate itself stops or
Client cancels the agreement with candidate at this time or later dissolve, on the grounds that the candidate does not
functioning properly, which must be underpinned by the Client with relevant documents, the Contractor to the Client under the compensation
scheme, a portion of the fee already received
refund, corresponding to 12.5% of the fee charged by the Service Provider, so for each
calendar week which candidate has not been in service for the period of eight weeks after the start of employment
Candidate. This compensation scheme does not apply if the improper functioning of the candidate or the reason for
stopping the Candidate culpable is the Client.
8.1.3 Candidate guarantee, the Contractor will be completely free to find a new candidate. If the Contractor within three months succeed then
the Contractor will pay half of the paid recruitment fee back to the client.
8.2 Principal Contractor allows the specific written notice in subsection 8.1 within five calendar days
from the date of termination or submission of the request to terminate the employment of Applicant at
the Court subdistrict, or date of signing a mutual termination agreement
consent, stating the cause of stopping or improper functioning of the candidate.
8.3 After the expiry of the period specified in Article 8.2, the Client’s right expires in Article
compensation scheme. The burden of proof in respect of the deadline informed in writing of the Contractor on the Client.
8.4 If the situation as in subsection 8.1 occurs, the Client does not give right to suspend any
payment obligations under the Agreement. Nor is the Client in this case, a setoff.
Article 9: Continuing obligations
Obligations which by their nature continue after termination of the Agreement, then retain their
operation. These obligations include: provisions on liability, the obligation of confidentiality and competition – and solicitation
Article 10: Applicable law and disputes
10.1 All Agreements between the Client and the Client is the Dutch law is applicable, even if the
Agreement has an international character.
10.2 All disputes – including those that, by only one of the parties to be considered as such – in which
a result of this agreement, or of the agreements that are the result of it, between the Client and
Contractor may arise shall be settled by a competent court.
10.3 Apart from the provisions of Article 10 paragraph 1 and 2 of these general terms, the Contractor reserves the right to the Client (or
candidate) to challenge before the competent court of
the residence or place of business of the Client (or candidate).