GENERAL TERMS AND CONDITIONS – PERMANENT RECRUITMENT

Version: 17-02-2025

1. Definitions

In these general terms and conditions, the following definitions apply:

Contractor: Nereco, located at Nicolaas Witsenkade 47-B, Amsterdam, registered with the Dutch Chamber of Commerce under number 86383019.
Client: The company or organization that engages the contractor for the mediation of candidates.
Agreement: The agreement between the contractor and the client regarding the mediation of candidates.
Recruitment fee: The fee payable by the client for the mediation of a candidate.
No Cure, No Pay: The arrangement that the client is only liable for a fee if a candidate is actually hired.

2.1 These general terms and conditions apply to all services provided by the contractor concerning the recruitment and selection of candidates for permanent employment.
2.2 Deviations from these terms are only valid if agreed upon in writing by both parties.
2.3 The general terms and conditions of the client are expressly excluded unless otherwise agreed upon in writing.

3.1 The contractor recruits and selects candidates based on the vacancy information and job requirements provided by the client.
3.2 The service is based on the No Cure, No Pay principle: the client is only liable for a fee if a proposed candidate is hired.
3.3 The contractor strives to find suitable candidates but does not guarantee that a vacancy will always be filled.
3.4 The contractor provides information about candidates to the best of their knowledge and ability but cannot guarantee the accuracy and completeness of the information provided by the candidate.
3.5 The client must immediately inform the contractor in writing if an employment relationship is established with a candidate. The client shall provide the contractor with written details of the employment relationship and, upon the contractor’s first request, provide copies of relevant documents (such as the employment or freelance agreement).

The client pays a fee of 25% of the gross full-time annual salary, including holiday allowance, of the placed candidate.
The fee is invoiced on the date the employment agreement between the client and the candidate is signed.
The payment term is 14 days from the invoice date.
In the absence of timely payment, the client - without any summons or notice of default is required – commencing 14 days after the invoice date the principal or the unpaid part thereof, the statutory interest for commercial transactions due. This in accordance with the provisions of the Civil Code 6, article 119a.

If the client withdraws a vacancy after candidates have been introduced, no fee is due.
If the client rejects a candidate after verbal or written approval and later hires them within 12 months of the introduction, the full fee remains payable.

5.1 If the placed candidate leaves within 3 months of employment (voluntarily or through dismissal), the contractor offers a one-time free replacement search.
5.2 If the contractor is unable to find a suitable replacement candidate within 6 weeks, the client is entitled to a partial refund:
- Within 1 month of employment: 50% of the fee is credited.
- Within 2 months of employment: 25% of the fee is credited.
- After 3 months, no refund is applicable.
5.3 The guarantee does not apply if:
- The candidate is dismissed due to reorganization, bankruptcy, or economic reasons.
- The client fails to comply with the agreed employment conditions.
- The candidate is transferred to another position.

6.1 Both parties are required to maintain confidentiality regarding all confidential information obtained in the course of the assignment.
6.2 The client may not forward proposed candidates to third parties without the contractor’s consent. If a proposed candidate is employed by a third party within 12 months of introduction, the client is still liable for the recruitment fee.
6.3 The contractor reserves the right to introduce candidates to multiple clients unless otherwise agreed in writing.

7.1 The contractor is not liable for any damage resulting from the placement of a candidate, including damage caused by the candidate’s actions or omissions.
7.2 The client remains responsible for assessing the suitability of the candidate and making the final hiring decision.
7.3 The contractor’s liability is limited to the amount of the recruitment fee charged.

8.1 Both parties may terminate the agreement at any time, provided this is confirmed in writing.
8.2 If the agreement is terminated after candidates have been introduced, the client remains obligated to pay the fee for placed candidates.
8.3 The confidentiality obligation and payment obligations remain in force after termination of the agreement.

9.1 These general terms and conditions are exclusively governed by Dutch law.
9.2 Disputes arising from these terms or the agreement shall be submitted to the competent court in Amsterdam.
9.3 The Dutch text of these terms and conditions prevails over all translations, including official translations.