TERMS AND CONDITIONS – TRIBE NL
Introduction
The present General Terms and Conditions shall apply to any offers, price quotes, engagements and agreements involving TRIBE NL of the one part and the Client of the other part.
Deviating terms and conditions only form part of an agreement between TRIBE NL and a client, if those terms and conditions have been expressly accepted by TRIBE NL in writing.
The description of 'Client' is any (legal) person or part thereof to whom a candidate is introduced by TRIBE NL.
‘Candidate’ is understood to mean: any natural person being recruited and selected by TRIBE NL with the aim of such person concluding an employment contract with the Client.
Article 1: general
1.1.
During a recruitment & selection assignment, TRIBE NL selects one or more candidates for employment (or a comparable form of employment) for a client and introduces them verbally or in writing to this client.
The recruitment & selection assignment is successful if a candidate proposed by TRIBE NL to the client accepts the employment contract (or is otherwise employed).
1.2.
The manner in which the recruitment & selection assignment is performed by TRIBE NL, the position to which the assignment relates, the applicability of these General Terms and Conditions, the fee and any other information and obligations are confirmed to the client in a cooperation agreement or contract.
1.3.
The client is not permitted to disclose details of candidates proposed by TRIBE NL to third parties without TRIBE NL's prior written consent. If the client does not enter into an agreement with the candidate, the client must destroy the data.
Article 2: fee
2.1.
TRIBE NL works on a 'no cure no pay' basis, whereby a fee is only owed in the event of successful fulfillment, which means the signature of the employment contract of the candidate proposed by TRIBE NL, possibly in the manner specified in Article 2.6, or on the basis of of a fee that will be charged in case of (other) successful fulfillment.
2.2.
In the event that 'no cure no pay' has been agreed, a fixed monthly fee upon successful fulfilment will be defined for a minimum of 1 year and a maximum of 2 years.
2.3.
The remuneration is a fixed monthly fee starting on the first month of employment. This fee will be increased with VAT.
2.4.
The fee, plus VAT, will be invoiced on a monthly basis from the moment that the employment contract is signed by the client and the candidate or, in the event of failure to sign the employment contract in time, in the first week of the selected candidate's appointment.
2.5.
In addition to the monthly fee, the client owes TRIBE NL all costs incurred by TRIBE NL for the performance of the agreement, insofar as this has been expressly agreed in writing between TRIBE NL and the client.
2.6.
Successful fulfillment of the recruitment & selection assignment also includes the event that a candidate proposed by TRIBE NL to the client enters employment within 12 months after that introduction or is employed in any other way and/or, whether or not through third parties, in any way with the client or with an affiliated company. Unless the client has made an explicit reservation in advance, the rate is also due if the candidate introduced by TRIBE NL turns out to be known to a greater or lesser extent through an application or otherwise.
Article 3: payment term
3.1.
The payment term for invoices sent by TRIBE NL is 15 days after the invoice date. In the absence of full payment within the set term, the client is in default, without further notice of default being required.
Article 4: complaints
Complaints with regard to the manner of execution and the quality of the work of TRIBE NL must be communicated to TRIBE NL in writing without delay and no later than eight days after the work about which the complaint has been or should have been performed, in the absence of from which any right that the client can derive therefrom will lapse. Complaints submitted in a timely and correct manner will be handled in consultation between the client and TRIBE NL. Complaints do not suspend the client's payment obligation.
Article 5: default interest and costs
If the client is in default, it owes TRIBE NL an immediately claimable default interest in accordance with the statutory interest plus two percent (Art. 6:119 of the Dutch Civil Code) on the principal amount owed per month, whereby part of a month is counted as one month. All costs of collection and collection of the invoice, including judicial and extrajudicial costs, will be fully borne by the client.
Article 6: best efforts obligation; exoneration
TRIBE NL is obliged to make an effort to recruit and select suitable candidates for employment with the client. The client is responsible for the decision to enter into an employment contract with a candidate selected by TRIBE NL, as well as for the content of this employment contract. The client accepts that TRIBE NL is in no way liable for shortcomings and/or damage caused by candidates selected by TRIBE NL.
Article 7: applicable law in case of disputes
7.1.
The agreement as well as the assignment, application and quotation from TRIBE NL are fully governed by Dutch law.
7.2.
If the parties are unable to reach agreement in mutual consultation due to differences of opinion about the implementation and/or interpretation of the agreement, each of the parties is free to apply to the competent civil court. Disputes between TRIBE NL and the client on account of the execution of the assignment will be submitted to the competent court in Amsterdam, unless another court is designated on the basis of mandatory legal provisions.