Vanaf 1996 ben ik begonnen met TopSearch Group, met de focus op Executive Search in de ICT.
Regarding Recruitment, Selection and Executive Search
Art. 1 The definitions referred to in these general terms and conditions, are contained in the appendix thereto.
Art. 2 After having received a recruitment assignment, TopSearch Group Netherlands will present one or more candidates to its contract partner on the basis of the then known capacities and qualities of the candidate and on the basis of the function profile.
Art. 3 After the contract partner has reached full and final agreement with a candidate, they will conclude an employment contract. A copy of this employment contract, executed by or on behalf of both parties, will be provided to TopSearch Group Netherlands ultimately within one week after the execution has taken place.
Art. 4 In the event, within three year after the date of the first presentation of a candidate by TopSearch Group Netherlands, the contract partner - after initial rejection - concludes an employment contract with such candidate and/or a free lance agreement and/or any other agreement regarding the vacancy referred to in the original assignment or any other vacancy, for whatever function, this employment contract, free lance agreement or other agreement will be deemed to have been concluded as a consequence of the efforts by TopSearch Group Netherlands in accordance with the present agreement and the agreed upon fee under the present agreement will then be due. The same applies in the event any such agreement is being concluded within the aforementioned period between the candidate and any company in the Netherlands or abroad that is affiliated with the client. “Affiliated company” in any event means: any company (including the client himself), forming part of a group of companies or that is being controlled by the client either by means of share holders relations, management, and/or by any other means, directly and/or indirectly (for example through other companies).
Art. 5 The contract partner is prohibited to hand over, allow inspection of and/or bring to the knowledge of any third party, any documents, such as, but not limited to: curriculum vitae, presented by TopSearch Group Netherlands. Furthermore, the contract partner is obliged to maintain the strict confidentiality of all information he/she has been provided with, either in writing or orally, by TopSearch Group Netherlands and/or the candidate in connection with an assignment and/or in connection with the application procedure. No documents that possibly could damage the relation TopSearch has with the candidate should be disclosed. Should this be done the damage will be recovered with the disclosing party with a minimum of 15.000 euro per occurrence, without any legal intervention and immediately due and payable.
Art. 6 The presentation by TopSearch Group Netherlands of candidates will take place to its best abilities, whereby TopSearch Group Netherlands assumes that the information provided by the candidates regarding themselves and/or the information regarding a candidate obtained from any referee, is correct.
Art. 7 Any references regarding a candidate will only be verified after deliberation with TopSearch Group Netherlands and after having received the explicit consent thereto from the candidate. Any verification of references will be done by TopSearch Group Netherlands only, unless explicitly agreed upon otherwise.
Art. 8 The contract partner is responsible for the final choice of a candidate. The services by TopSearch Group Netherlands will be limited to bringing a candidate into contact with the contract partner.
Art. 9 The client will settle the invoices of TopSearch Group Netherlands within 14 days after the invoice date, unless TopSearch Group Netherlands has agreed to a deviating term in the recruitment agreement. In the event the client enters into liquidation, becomes insolvent, faces bankruptcy or is granted a suspension of payment, all obligations from the contract partner towards TopSearch Group Netherlands will immediately fall due.
Art. 10 In the event an invoice by TopSearch Group Netherlands is not timely paid, TopSearch Group Netherlands will be entitled to receive statutory interest over the amount due as of the due date of the particular invoice. All extra judicial costs will be for the account of the client. In any event, TopSearch Group Netherlands is entitled to reimbursement of the following costs in accordance with the rates set out below:
on the first € 7500 15%
on an amount from € 7501 up to € 20000 13%
on an amount from € 20001 up to € 50000 10%
on an amount from € 50001 and above 7% In the event TopSearch Group Netherlands can proof that its actual costs were higher, TopSearch Group Netherlands is entitled to reimbursement of these actual costs provided that there was a reasonable necessity to make them.
Art. 11 TopSearch Group Netherlands will not be liable for any loss or damage, including indirect loss or damage, resulting from the performance or any act or omission by candidates who have entered the employment of the client after having been introduced to the client by TopSearch Group Netherlands. TopSearch Group Netherlands only can be held liable for its own services. The liability of TopSearch Group Netherlands however, is limited to no more than the amount invoiced and received by TopSearch Group Netherlands and timely paid by the contract partner for services rendered concerning the placement of the candidate.
Art. 12 In case of cancellation or withdrawal of an assignment at least 50 % of the placementfee is due within 14 days after cancellation/withdrawal, with a minimum of 15.000 euro ex VAT
Art. 13 All agreements to be concluded between TopSearch Group Netherlands and the client will be governed by dutch law. Subject to article 100 Rv (Dutch Procedural Code) all differences between the parties will be settled by the competent court within the district of the District Court in Maastricht.
Art. 14 Should any limitation in these general terms and conditions be null and void or be declared null and void, the other terms and conditions of these general terms and conditions will remain in full force and effect and with regard to the condition that is declared null and void, a new condition will come into effect, that is as much as possible, given the nature, the contents and the object of the invalid condition, in conformity therewith. Appendix
Art. 1 Definitions
a. Candidate means: any natural person who, either directly or through a personal holding company, is being presented, either orally or in writing, by TopSearch Group Netherlands to the client for the fulfillment of a vacancy.
b. Recruitment agreement/assignment means: an agreement under which TopSearch Group Netherlands, to the best of its abilities, will carry out its obligation to present one or more candidates to the client in respect of an employment contract with and/or the rendering of services for the client, and on the basis whereof TopSearch Group Netherlands is entitled to a fee in the event this candidate/these candidates reach an agreement notwithstanding any further stipulations with regard to the aforementioned fee, as set out below.
c. Presentation means: the written or oral presentation of a candidate in the fulfillment of a recruitment agreement/assignment.
d. Fee means: an agreed percentage of the candidate’s OTE/Gross annual income, excluding VAT - as further defined under 1e -, to be charged to the client for the services rendered by TopSearch Group Netherlands. Furthermore, a minimum fee applies of € 7500 (excluding VAT).
e. OTE/Gross annual income means: all On Target Earnings/Gross remuneration and/or allowances in money that the client will pay on the basis of the candidate’s employment contract, during the first year of employment, such as, but not limited to: Gross annual income, holiday allowance, annual bonus, bonuses, (honorarium) commission and any other compensation. In the event any compensation depends on the fulfillment of any condition and/or the expiration of any period of time, any such condition and/or period of time for the determination of the gross annual income will, for the fixation of the fee, be deemed to be fulfilled.
f. Vacancy means: the job opening, announced by the client, for a position to be held in the client’s company/organization.
g. Function profile means: the description of the contents, orally or in writing, of the vacancy and the demands on the candidate’s competence linked to that vacancy.
h. Days mean: the official business days.
i. Placement: the conclusion of an employment contract and/or freelance agreement between the client and a candidate presented by TopSearch Group Netherlands.
j. Application procedure: the procedure starting automatically by the realization of a recruitment assignment or presentation of a candidate by TopSearch Group Netherlands to the client, until the placement of a candidate or the premature termination of this procedure by the candidate, the client and/or TopSearch Group Netherlands.
k. Contract partner: any party or company the contract has been signed with