General Terms and Conditions
Article 1 – Applicability
These General Terms and Conditions apply to all offers, assignments, orders, advertisements and other agreements of Born4Jobs B.V insofar as these relate to the provision of payroll/temporary staff to clients and/or the recruitment and selection of candidates on behalf of a client and/or placing (an advertisement for) a vacancy on the website of Born4Jobs. Agreements deviating from these General Terms and Conditions shall apply only if agreed in writing and solely to that orders.
Article 2 – Definitions: candidates, employees, orders, introductions, exclusivity and placements
The following definitions are used in these General Terms and Conditions:
1. Candidate: the natural person recruited and selected on behalf of a client on the basis of an order placed with Born4Jobs with whom no employment relationship has yet been entered into.
2. Employee or payroll/temporary employee: those candidates with whom an employment relationship has been entered into with either the client or the payrolling organisation.
3. Order: the order placed by the client with Born4Jobs to act as an intermediary between the candidate and the client for the purpose of arriving at an employment relationship between the client and the candidate and/or the payrolling/employment agency. The client and Born4Jobs shall draw up a written ‘order confirmation’ for each assignment that shall be electronically signed before the work begins. An order also refers to the assignment awarded by the client to Born4Jobs to place a vacancy on the website and social media channels of Born4Jobs and/or allemediavacatures.nl in accordance with the terms and prices in the advertising packages of Born4Jobs (rate card).
4. End of order: an order ends when the client accepts the candidate presented or when either of the parties withdraws or cancels the order (after the period referred to in Article 3 has elapsed), or when the advertising period has elapsed.
5. Introduction: the introduction of a candidate to the client by Born4Jobs under no obligation when the client has not placed an order with Born4Jobs for that. In which event a different mediation fee applies.
6. Exclusivity: the entire recruitment & selection will be handled exclusively by Born4Jobs such that no other agency will be involved or an own recruitment campaign instigated, which also applies to any suitable candidates who approach the client directly or obtained through the client’s own network.
7. Placement: placement occurs at the moment that the client enters into an employment relationship of any kind with the candidate presented by Born4Jobs for itself, through or for any third party. The client shall receive for this purpose a written confirmation of acceptance which forms a constituent part of the previously signed ‘order confirmation’.
Article 3 – Services and orders
Born4Jobs provides a number of different services and order-related activities:
1. Executive search on an exclusive basis
Executive search refers to the recruitment and selection of senior professional candidates with an annual gross salary in excess of €80,000. An Executive Search order is conducted solely on an exclusive basis (see Article 2 paragraph 7) and includes an initial fee of €1,500 to cover recruitment expenses such as advertising and personnel costs (Article 8 paragraph 5).
2. Recruitment & selection on a ‘no cure, no pay’ basis
On the basis of information provided by the client, searching for and approaching suitable candidates to fill a vacancy for the client, or for work to be carried out for the client /services other than supplying a payrolling/employment agency candidate. Only in the event of successful placement shall the client be charged a fee.
3. Recruitment & selection on an exclusive basis
As in paragraph 2 above, however, a different, often lower fee applies which will be agreed in advance with the client. This fee includes an initial fee of €1500 to cover recruitment expenses such as advertising and personnel costs (Article 8 paragraph 5).
4. Temporary employment/interim
On the basis of information provided by the client, searching for and approaching suitable candidates to fill a vacancy for the client, or to undertake work for the client /services based on a temporary employment agreement. Only in the event of a successful placement will the client pay a surcharge on top of the hourly rate of the candidate as agreed in the placement confirmation.
After working 520 hours a temporary employee from Born4Jobs may be offered a direct employment contract. In which event the client shall pay the following to Born4Jobs:
• Following a temporary employment period of 520 to 780 hours worked: 15% of the last applicable hourly rate for 1040 hours, less the number of hours already worked.
• Following a temporary employment period of 780 to 1040 hours worked: 10% of the last applicable hourly rate for 1040 hours, less the number of hours already worked.
• Following a temporary employment period of 1040 hours worked: no fee payable.
Providing payroll services for an employee recruited and selected by the client. The employee works for the payrolling organisation and is paid by the hour. The client shall pay a surcharge on top of the hourly rate of the employee as agreed in the placement confirmation. Born4Jobs Uitzenden & Payrollen works in accordance with the generally binding ABU collective labour agreement guidelines. These can be found here.
A placement may also be arranged through the recruitment and selection of a freelance candidate (self-employed person). Freelancers may be supplied to the client under a model agreement between Born4Jobs and the freelancer(s) concerned, or under a payrolling agreement (see paragraph 5). A period shall be agreed in advance which is acceptable to all parties. This period can be extended by mutual agreement. Without the consent of Born4Jobs the client is not permitted for a period of one year after ending an assignment to enter into an employment relationship with the freelancer(s) either directly or through third parties or to assign work to him/her either directly or indirectly.
Advertising refers to the publishing of a vacancy on the website of Born4Jobs and possibly allemediavacatures.nl. Born4Jobs will also conduct a social media campaign for the vacancy and publish this through its social media channels, these being: Facebook, LinkedIn (company page plus various selected LinkedIn groups), Twitter and Instagram. The normal period for placing a paid advertisement online is four weeks.
Article 4 – Necessary information and Born4Jobs’ obligations
To fulfil the order, the client will provide Born4Jobs with all necessary information for this purpose. After the client has signed the ‘order confirmation’ for approval – within the shortest possible time, to the best of its ability and on the basis of the information provided by the client – Born4Jobs will aim to select at least three candidates who meet the client’s wishes and requirements.
Article 5 – Duty of secrecy and confidentiality
Born4Jobs undertakes to maintain confidentiality concerning all information received from the client concerning the client’s business which may be assumed to be confidential. The client should treat information concerning candidates as confidential while observing the Personal Data Protection Act and this information may not be passed on to third parties.
Article 6 – Non-discrimination
Every candidate has equal opportunities in the recruitment and selection activities of Born4Jobs, irrespective of age, gender, marital status, sexual orientation, personal or religious conviction, political persuasion, race, ethnic origin or nationality, without prejudice to the objective and realistic job requirements and provided that the candidate is generally suited for the role.
Article 7 – Liability
1. Born4Jobs cannot be held liable if the advertisement does not result in the intended number of qualified candidates.
2. Born4Jobs cannot be held liable if it turns out that the employee does not meet the client’s wishes or requirements, unless it can be demonstrated that this is the consequence of action or inaction on the part of Born4Jobs and contravenes the provisions of Article 4.
3. Born4Jobs can neither be held liable for damage and/or losses – including consequential damage – incurred as a result of the action or inaction of an employee presented by Born4Jobs with whom the client has entered into an employment relationship of whatever nature, either directly for itself, or through or for third parties.
4. It is Born4Jobs intention to complete every order successfully but in this context Born4Jobs’ only obligation is to exert itself for that purpose. Born4Jobs therefore cannot be held liable for any damage incurred by the client in the broadest sense of the word, if an order cannot be completed and in such an event no fee shall be payable by the client.
5. Neither can Born4Jobs be held liable for any damage incurred by the client in the broadest sense of the word if a candidate presented by Born4Jobs in the context of an order or introduction decides not to enter into an employment relationship with the client or decides to terminate (prematurely) the employment agreement entered into with the client.
6. Any liability on the part of Born4Jobs shall be limited to the direct damage incurred by the client and up to a maximum of the amount of the mediation fee charged or to be charged to the client in connection with the order or introduction. Under no circumstances shall the amount to be paid by Born4Jobs in the event of liability exceed the amount covered by its insurance.
Article 8 – Recruitment & selection fee
1. For every placement the client shall be charged a mediation fee payable to Born4Jobs in the amount of the sum stated in the ‘order confirmation’ or a percentage of the agreed full-time gross annual salary (including holiday pay and any regular bonuses). Unless otherwise agreed, the mediation fee will be invoiced in two instalments. The first instalment at the start of the employment, the second and final instalment, one month later.
2. Any external costs for recruitment (including advertising costs) will be charged separately to the client by Born4Jobs and therefore do not constitute part of the mediation fee. The amount of the recruitment costs will be discussed with the client in advance.
3. The mediation fee for exclusive orders always includes the initial fee.
4. The client will not be charged a mediation fee in the event that Born4Jobs is unable to select a suitable candidate (‘no cure no pay’). Any recruitment costs agreed in advance (paragraph 2) will always be payable.
5. The client will be charged an initial fee payable to Born4Jobs if, further to a signed exclusive ‘order confirmation’, it has provided demonstrable services such as placing the vacancy on its website, posting it on social media and/or has actually presented suitable candidates, following which the order was withdrawn (Article 2 paragraph 4).
6. Without prejudice to the provisions of Article 7, if the employee terminates the employment of his or her own accord within the trial period or if it becomes demonstrably clear within this period that the employee is not suitable for the envisaged role, Born4Jobs shall take steps to recruit and select a replacement employee while the client shall not be charged an additional mediation fee. Before the second instalment invoice is issued the original fee will be recalculated on the basis of the salary agreed with the new employee. The recruitment costs or initial fee, the additional costs referred to in paragraphs 2 and 3, will still be payable however. In all other cases in which the employment relationship ends during or after the aforementioned period of the trial period, the client will in any event still be charged the mediation fee referred to in paragraph 1.
7. If the employee terminates the employment relationship of his or her own accord within one month, Born4Jobs will recruit and select a replacement employee free of charge, provided that the order and conditions are the same as the initial order.
8. If the employee terminates the employment relationship of his or her own accord after a period of one and up to and including three months Born4Jobs will recruit and select a replacement employee at a discount of 50% on the agreed mediation fee, provided that the order and conditions are the same as the initial order.
Article 9 – Fees for other services
1. For every placement of a payrolled or temporary employee the client will be invoiced weekly on the basis of the approved timesheet signed by the client’s authorised manager, for the hours actually worked by the payrolled or temporary employee. The hours will be invoiced in accordance with the agreed hourly rate (hourly rate x conversion factor). Travel expenses (including commuting) and other expense claims will be invoiced if the reimbursement of these costs was agreed in advance and have been approved by the client.
2. Advertising costs will be invoiced to the client immediately upon placement.
3. Based on the time sheet provided by the freelancer, the client will be invoiced, usually monthly, for the hours actually worked by the freelancer at the hourly rate agreed in advance (hourly rate of freelancer plus surcharge). Travel expenses (including commuting) and other expense claims will also be invoiced if the reimbursement of these costs was agreed in advance and have been approved by the client.
4. All amounts are exclusive of VAT.
5. The rates for services can be seen here.
Article 10 – Payment
1. Unless otherwise agreed in writing, the client is required to pay the invoices of Born4Jobs within 14 days of the invoice date.
2. After the period referred to in paragraph 1 has elapsed, the client shall be in default without notice of default being required. From that moment the client shall be charged interest at 1.5% per month on the amount that remains outstanding. A full month will be charged for part of a month.
3. The legal and all other costs related to the recovery and collection of payments not made on time will be borne by the client. The amount in respect of extrajudicial collection costs will be at least 15% of the principal amount owed including VAT plus interest (with a minimum of €250 per claim) unless Born4Jobs has demonstrably incurred more costs.
4. The following applies in relation to temporary or payrolling orders: where the client applies a payment period of 15 days or more it will be necessary for Born4Jobs to increase the standard conversion factor by 0.01. For a payment period of 45 days or more the standard conversion factor will be increased by 0.02. For a payment period of 60 days or more the standard conversion factor will be increased by 0.03.
Article 11 – Competition and compensation
1. Without the consent of Born4Jobs the client is not permitted for a period of one year after the termination of an order, or for a period of one year after the (non-binding) introduction of an employee that was presented by Born4Jobs and who was initially rejected by the client, to enter into an employment relationship either directly or through third parties or to assign work either directly or indirectly to the individual concerned.
2. If the client contravenes the ban referred to in paragraph 1, Born4Jobs shall immediately be entitled to compensation in the amount of the mediation fee referred to in Article 8.
Article 12 – Use of information
Born4Jobs retains the right to place logos on its websites www.born4jobs.nl and www.allemediavacatures.nl of clients with whom an agreement has been entered into, unless the client has specifically stated that this is not permitted.
Article 13 – Client liability
1. The client remains at all times responsible for the selection of a candidate.
2. A client that fails to meet or properly meet the obligations arising from these General Terms and Conditions to which the client is subject, shall be obliged to pay Born4Jobs all damages arising therefrom (including all costs as well as legal costs), without prior notice of default being required, and if necessary shall indemnify Born4Jobs in this matter. This is without prejudice to any other claims that Born4Jobs may bring, such as a claim for termination of the agreement. The provisions of this article are generally binding – if necessary, in addition to – with regard to matters where liability for compensation has already been set out separately in these General Terms and
Conditions as well as with regard to matters where this is not the case.
Article 14 – Applicable law and invalidity of provisions (in full or in part)
1. If one or more provisions in these General Terms and Conditions becomes invalid or is made void, this does not affect the validity and applicability of the order or the remaining provisions. The provisions which are not valid or which cannot be applied under law will be replaced by provisions that are as close as possible in scope to the provisions to be replaced.
2. These terms and all offers, orders and other agreements are governed by Dutch law.
Article 15 – Disputes
All disputes arising from or in connection with a legal relationship between the parties to which these General Conditions apply, shall be settled in the first instance only by the competent court of the district in which the head office of Born4Jobs is based.
These General Terms and Conditions have been filed with the Gooi and Vechtstreek Chamber of Commerce under reference no. 32054320.