General Recruitment Terms

Article 1. Definitions

In these General Recruitment Terms, the following definitions shall apply:
(a) “Noblesse”: Noblesse Recruitment BV, having its registered seat in Breda, The Netherlands.
(b) “Candidate”: Any natural person who is recruited and selected by Noblesse Recruitment to enter into a contract of employment or other contractual relationship with the Principal.
(c) “Principal”: The person for whom Noblesse Recruitment endeavours to recruit and select a Candidate.
(d) “the Assignment”: The contract between Noblesse Recruitment and the Principal, whereby Noblesse Recruitment undertakes to recruit and select a Candidate on behalf of the Principal.
(e) “Gross Annual Income”: The annual salary agreed between the Candidate and the Principal (calculated based on a full-time contract of employment which is commonplace in the particular branch in which the Principal works) or the agreed fee converted to an annual amount including guaranteed extra months salaries and other fixed emoluments.

Article 2. Applicability

2.1 These General Recruitment Conditions are applicable to and constitute part of all and any offers, bids, assignments and contracts between Noblesse Recruitment and the Principal and all contracts and/or disputes arising therefrom.
2.2 Derogations from these General Recruitment Conditions shall only be valid if and in so far as has been confirmed by Noblesse Recruitment in writing. Such derogations are only valid in respect of the individual case which implies that no rights shall be derived thereby in respect of legal relationships subsequently entered into.
2.3 In the event and in so far as the General Recruitment Conditions of Noblesse Recruitment are in conflict with the General Terms and Conditions and/or the General Purchasing Terms and Conditions of the Principal, the General Recruitment Conditions shall apply exclusively, unless otherwise expressly agreed in writing.

Article 3. Creation of Assignments

3.1 All offers and cost quotations by Noblesse Recruitment are entirely without obligation, unless the contrary is expressly stated in an individual, specific, written offer.
3.2 The Assignment between Noblesse Recruitment and the Principal is initially established after Noblesse Recruitment confirms the Assignment in writing or has begun the performance of the contract.
3.3 The Assignment between Noblesse Recruitment and the Principal shall also be deemed to have commenced if the Principal invites a Candidate introduced by Noblesse Recruitment and/or the Assignment appears to be established due to the conduct of the Principal.
3.4 The Assignment between Noblesse Recruitment and the Principal is terminated by the signature of an employment contract or other type of contract including interalia a contract for services by the Candidate selected by Noblesse Recruitment.
3.5 All costs, fees and amounts stated in offers, contracts and these General Conditions are exclusive of VAT, unless otherwise expressly stated.

Article 4. Fees and method of payment

4.1 Such recruitment procedure fees as payable to Noblesse Recruitment by the Principal shall be expressed as a percentage of the first gross annual income to be earned by the Candidate in the Client`s employ.
4.2 The Principal shall pay to Noblesse Recruitment, a fee corresponding a percentage of 20% of the Candidate’s gross annual income (completion fee).
4.3 The fee, provided for in Article 4.2, shall be invoiced by Noblesse Recruitment in the event that the Candidate accepts an offer from the Principal.
4.4 In the event and in so far as the Principal employs more than one of the Candidates introduced by Noblesse Recruitment, said Principal shall be required to pay the full fee as described in Article 4.2 herein, in respect of each Candidate, unless otherwise agreed and expressly stated in writing.

Article 5. Other costs

Any travel and accommodation costs incurred by the Candidate for the purposes of an interview with the Principal, shall be paid by the Principal directly to the Candidate or to Noblesse Recruitment.

Article 6. Cancellation or amendment of the Assignment

If the Principal revokes the Assignment, puts it on hold for longer than three months or alters the essential characteristics of the Assignment, the Principal shall pay a cancellation fee (service fee) to Noblesse Recruitment. The amount of said fee is one third of the agreed fixed fee, exclusive of VAT.
Costs already incurred, as agreed in Article 5 and 8 herein, shall always be charged to the Principal.
Amendments to the essential characteristics of the Assignment shall mean such changes to elements of the Assignment that, in the opinion of Noblesse Recruitment, a new Assignment has been created.

Article 7. Payment

7.1 Unless otherwise agreed in writing, in respect of the invoices from Noblesse Recruitment, the Principal shall always be required to make payment in full, within 14 days of the invoice date.
Noblesse Recruitment retains the right to require an advance payment.
7.2 Claims in respect of invoices shall be submitted in writing to Noblesse Recruitment, within one week of receipt of said invoice.
7.3 After the expiry of the payment period, specified in Article 7.1, the Principal is in default, without any notice being required. Interest at a rate of 3% per month, on the outstanding amount shall be paid by the Principal to Noblesse Recruitment.
7.4 The Principal shall be charged for both judicial and extra-judicial costs in relation to the enforcement and collection of payment(s) not received on time by Noblesse Recruitment, from the Principal. The payment in respect of extra-judicial collection costs is fixed at at least 15% of the principal sum owed.

Article 8. Advertisements

Noblesse Recruitment may make its knowledge and expertise in the field of advertising available to the Principal. The costs relating hereto shall be charged to the Principal. Said Principal may annul an advertising Assignment, provided that the advertisement has not yet been accepted by the medium.
Cancellation by Noblesse Recruitment may occur without any costs in this regard being incurred.

Article 9. Other undertakings on the part of Principal

9.1 The Principal is not entitled without the approval of Noblesse Recruitment to, in any way, shape or form, provide third parties with information about Candidates or, to introduce Candidates to third parties. Should the Principal introduce to another person, business or organisation, a Candidate introduced by Noblesse Recruitment, within twelve months of said introduction by Noblesse Recruitment which results in a contract of employment, or another contractual relationship with the Candidate, be it in his or her own name or by means of and/or in co-operation with natural or legal persons, with whom or with which the Candidate has an involvement, the Principal shall be liable to pay the total costs in accordance with the provisions of Article 4 herein.
9.2 In the event that the Principal rejects a Candidate introduced by Noblesse Recruitment or the Candidate rejects a contract of employment or other type of contract including interalia, a contract for services offered by the Principal, where after the Principal, within eighteen months of the introduction of the Candidate by Noblesse Recruitment, nevertheless enters into a contract of employment or another contractual relationship with said Candidate, be it in his or her own name or by means of and/or in co-operation with natural or legal persons, with whom or with which the Candidate has an involvement, the Principal shall be liable to pay the total costs in accordance with the provisions of Article 4 herein.
9.3 In the event of a new set of circumstances, as indicated in Article 9.1 and/or 9.2 occurs, the Principal shall inform Noblesse Recruitment of this issue within 7 working days, including the statement of the first gross annual income, as specified herein in Article 4.

Article 10. Early termination of contract

10.1 Should the Candidate’s contract of employment be terminated within the agreed probationary period or within a period not exceeding six months, if and in so far as other contractual relations are entered into, the Assignment shall not be considered to be complete and Noblesse Recruitment shall nevertheless use its best efforts to find a replacement, without any additional costs being calculated – with the exception of the supplementary advertising costs which will have been submitted in advance for the approval of the Principal and– ensure the implementation of the Assignment provided that:
(a) within seven days of the termination by the Candidate, the Principal informs Noblesse Recruitment in writing thereof;
(b) the termination is not as a result of changes or a failure by the Principal to comply with the contract of employment;
(c) the essential characteristics of the position have not been amended;
(d) the termination of the contract of employment or other contractual relationship is not as a result of a redundancy, re-organisation, merger or take-over, in which the Principal is involved;
(e) the Principal has paid all the amounts invoiced by Noblesse Recruitment;
(f) the Principal has complied with the terms and conditions as specified herein.
10.2 If the Principal or legal person, company or organisation, affiliated to the Principal, within twelve months after the introduction of the Candidate whose contract of employment or other type of contract including interalia, a contract for services is terminated, as specified in Article 10.1 herein, enters into a contract of employment or other contractual relationship with said Candidate, the Principal shall, in order to compensate for the efforts to find a replacement, be bound to pay to Noblesse Recruitment the total costs, according to the provisions of Article 4 herein.

Article 11. Liability

Noblesse Recruitment endeavours to find a suitable Candidate however, no guarantee whatsoever is provided in relation to the suitability of the proposed Candidate. In this context, the Principal is ultimately responsible for the checking of the Candidates references (including the checking of relevant diplomas obtained and the like) and the Principal shall, at all times, satisfy himself of the suitability of a Candidate selected by Noblesse Recruitment, prior to employing said Candidate. The Principal is also obliged to ensure that the Candidate has all the documents required for the agreed work such as but not limited to, a Certificate of Good Conduct and, if appropriate, a work permit.
Noblesse Recruitment shall not be liable for any damage, which the Principal may sustain in connection with the Assignment, irrespective of whether this is caused by (in hindsight), the unsuitability of the Candidate or due to other factors. The Principal indemnifies Noblesse Recruitment against any claims by third parties in connection with the Assignment.

Article 12. Code of Ethics

12.1 Noblesse Recruitment shall not actively pursue Candidates who are employed by the Principal, during a period of one year following the completion of the last Assignment.
12.2 With regard to company details and personal data pertaining to the Principal and Candidate, Noblesse Recruitment shall act with discretion. Personal data shall only be provided with the permission of the Candidate.
12.3 The obtaining of references in respect of Candidates, by Noblesse Recruitment or thePrincipal occurs only after prior written consent is provided by the Candidate.

Article 13. Governing Law, Competent Court

13.1 These General Recruitment Conditions and the Assignment to which said conditions apply shall be governed by Dutch law.
13.2 All disputes arising from or related to the Assignment to which these General Recruitment Conditions apply, as well as disputes concerning these General Recruitment Conditions shall, provided said disputes fall within the jurisdiction of the District Court, be brought before the District Court in Rotterdam, The Netherlands.

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General Recruitment Terms

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© 2017 Aro Cuadrado   I   Communication Agency