GENERAL TERMS AND CONDITIONS FOR RECRUITMENT & SELECTION OF VETWORK B.V.
Article 1. Definitions
In these General Terms and Conditions, the following terms are defined as stated below:
- The Candidate: the party nominated by Vetwork to the Client for employment, including, if the Candidate is a legal entity, every officer or employee of the Candidate;
- Client: the person, firm or legal entity, including any subsidiaries or affiliated companies, to whom the Candidate is nominated;
- Vetwork: Vetwork B.V., established in Veenendaal.
- Instruction: an Instruction given by the Client to Vetwork to recruit and select candidates for the position indicated by the Client;
- Confirmation of instruction: a written confirmation of the instruction issued by Vetwork to the Client, which forms a part of the agreement between the parties;
- Appointment/Appoint: the conclusion of an employment contract, contractor agreement or contract for services between the Client and the Candidate, or the assignment of the Candidate to the Client by a third party;
- The Nomination/Nominate: Vetwork submitting a curriculum vitae or information identifying the Candidate to the Client and/or the Client conducting a job interview with a Candidate, in person or by telephone.
Article 2. Agreement
2.1 These General Terms and Conditions are deemed to have been accepted by the Client the moment the Candidate is nominated or appointed, or the moment when the Client passes on information about the Candidate to third parties.
2.2 These General Terms and Conditions contain the full agreement between the parties. The applicability of any general or purchasing conditions of the Client is explicitly excluded.
2.3 Changes or additions to these General Terms and Conditions are only valid if agreed between Vetwork and the Client in writing and confirmed by both parties.
Article 3. Notification and fees
3.1 The Client will immediately notify Vetwork of the Appointment of the Candidate and send Vetwork a copy of the agreement signed by the Client and the Candidate within seven days of the Appointment.
3.2 All Candidates who have completed the Vetwork selection process are considered to be a Vetwork Candidate.
3.3 In the event that the Candidate is nominated to the Client on the initiative of Vetwork, the fee will be 20% of the gross annual salary that the Candidate will be earning on the basis of a full-time appointment, including holiday allowance, thirteenth month and any other emoluments, increased by the applicable VAT percentage.
3.4 The Client owes the fee upon the appointment of the Candidate, at which time Vetwork will send the invoice to the Client.
3.5 The payment term is 14 days. If payment is not made within 14 days, the Client, without the need for a notice of default, will be in breach of contract by operation of law and owe interest of 1% per month, in which part of a month will be deemed a full month.
Article 4. Warranty
4.1 In order to qualify for the warranty scheme according to the conditions as referred to in Article 4.2, the Client must pay Vetwork's fee within 14 days of the invoice date and notify Vetwork of the termination within seven days of the Appointment of the Candidate.
4.2 If, within the probation period legally agreed between the Candidate and the Client, it appears that the Candidate, with a view to the job description, does not meet the requirements set out therein, Vetwork will nominate at least one other candidate, without prejudice to the conditions referred to in Article 4.1, unless failure to meet the requirements can be attributed to reasons beyond the control of Vetwork, such as employment of the Candidate in a position other than for which Vetwork nominated the Candidate, a change of location of the Client and circumstances which are personal to the candidate, such as relocation, illness and pregnancy.
If the Client re-appoints the Candidate within 12 months of the date of termination of the appointment, the Client still owes Vetwork the full fee.
Article 5. Appointment resulting from nominations
5.1 The Nomination of Candidates is confidential. If the Client passes on information relating to a Candidate nominated by Vetwork to a third party, which leads to an appointment by this third party within 12 months of the Nomination, the Client is obliged to pay the fee charged by Vetwork as referred to in Article 3.3, without being entitled to reimbursement.
5.2 The fee referred to in Article 3.3 with regard to any Candidate appointed by the Client as a result of or arising from a Nomination directly or indirectly arranged by or through Vetwork is due within 12 months of the date of the Nomination.
Article 6. Suitability and references
6.1 Vetwork aims to guarantee the suitability of Candidates nominated to the Client as much as possible, by:
- determining the identity of the Candidate;
- establishing that the Candidate has the experience, training, qualifications and all powers deemed necessary by the Client or required by law or by any professional body;
- establishing that the Candidate is prepared to work in the position for which the Client wishes to hire the Candidate.
6.2 Vetwork, insofar as it has received confirmation thereof, notifies the Client of the criteria referred to in Article 6.1, together with the Nomination of a Candidate to the Client.
6.3 Vetwork endeavours to make every reasonable effort to ensure that the Client and the Candidate are aware of the conditions attached by the law or any professional body to any Candidate to be employed in the position for which the Client wishes to hire a Candidate.
6.4 Without prejudice to the provisions of Articles 6.1, 6.2 and 6.3, the Client must ascertain the suitability of the Candidate, within which context the Client must take into consideration all references submitted by the Candidate to the Client or Vetwork before taking on the Candidate. The Client is responsible for obtaining any work permit and/or other approval required for the performance of work by the Candidate, for arranging any medical examinations and/or inspections of the Candidate's medical history and for meeting any medical and other conditions, qualifications or permissions required under the law of the country in which the Candidate is to perform the work.
6.5 In order to enable Vetwork to fulfil its obligations under Articles 6.1, 6.2 and 6.3, the Client must provide Vetwork with information regarding the position for which the Client wishes to hire the Candidate, including:
- the type of work to be carried out by the Candidate;
- the place of work and working hours;
- the date on which the Client wishes the Candidate to start;
- experience, training, qualifications and all powers required by the Client, the law or any professional body and which the Candidate has to meet, so that the Candidate can be employed in the aforesaid position;
- health or safety risks, insofar as known to the Client, as well as any measures taken by the Client to prevent or control such risks;
- the duration or expected duration of the Appointment;
- the likely salary, any expense allowances and other benefits;
- the notice period applicable to the Candidate and the Client.
Article 7. Liability
Vetwork is in no case liable for any damage suffered by the Client, in any form whatsoever, directly or indirectly, arising from or in any way connected with the Recruitment & Selection process of Vetwork, the Nomination or Appointment of any Candidate by the Client, or any failure on the part of Vetwork when Nominating a Candidate.
Article 8. Protection of personal data
Vetwork processes the personal data of subjects employed by the Client to build up and maintain a trading relationship with the Client, for standard internal use within Vetwork, such as its financial administration and accounts, for legal purposes, as well as to bring and handle legal actions and proceedings and to comply with court rulings and other statutory obligations and instructions.
Vetwork will only process sensitive personal data within the framework of fulfilling its statutory obligations, subject to approval of the subjects involved, or if otherwise approved by or pursuant to the law.
The Client must treat all registered personal data of an employee disclosed before and during the instruction as private and confidential and, more specifically, it must process them in accordance with the Personal Data Protection Act.
The Client must inform the employee of any personal data that is registered and which relate to him or her, how and when this was registered and the reason for processing this data.
Article 9. Choice of law
These General Terms and Conditions are governed by Dutch law. Any disputes will be submitted to the competent court in the Netherlands.
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