General terms and conditions – DHAENE CONSULTING BV
1. These general terms and conditions exclusively apply to all contracts accepted by DHAENE CONSULTING for the recruitment and selection of staff. Any deviations from one or more provisions of these general terms and conditions are only valid with the express written permission of DHAENE CONSULTING and do not prejudice the application of the other provisions of these general terms and conditions.
2. These general terms and conditions are considered expressly accepted by the Client and apply from the moment a Candidate is proposed to the Client or from the moment the recruitment contract is signed, whichever comes first. A Candidate will be considered proposed when DHAENE CONSULTING provided the Client with information on said Candidate. The general terms and conditions also apply toany follow-up contracts, even if awarded orally.
3. The Client is required to pay a fee to DHAENE CONSULTING. This fee is payable on the date of signature of the work contract between the Client and the Candidate, on the date of signature of any other collaboration contract between the Client and the Candidate, or on the Candidate’s date of starting work at the Client’s location, if sooner. Any advance payments and/or extra costs that have been agreed upon are non-reimbursable and must always be explicitly stated in the recruitment assignment.
4. DHAENE CONSULTING’s invoices must be paid within 14 days of the invoice date, without any deductions, offsetting or compensation. If this period is exceeded, the Client shall owe interests to DHAENE CONSULTING, by operation of law and without any prior notice of default, amounting to 12% per year starting from the invoice date, as well as a fixed compensation of 15% of any outstanding amounts, with a minimum of € 250, without prejudice to any other rights accruing to DHAENE CONSULTING. The Client shall ensure payment of any (judicial) costs.
5. If the Client decides to recruit or co-operate with more than one of the Candidates proposed by DHAENE CONSULTING for a specific contract, instead of one as contractually stipulated, the Client must pay DHAENE CONSULTING the fee stipulated in article 3 for any Candidate thus recruited, in accordance with the stipulated terms and conditions.
6. If the Client does not accept the Candidate proposed by DHAENE CONSULTING or if the Candidate refuses the Client’s job offer (or the co- operation offer), and if the Client hires (or co-operates with) him afterwards within a 12-month period following the date of the first meeting, the Client must pay DHAENE CONSULTING the fee stipulated in article 3. This also applies if the Client proposes a Candidate, selected by DHAENE CONSULTING for him, to another person or Company, and if the Candidate, within a 12-month period following the date of the Candidate’s first presentation to the Client, is recruited by this person or Company (or co-operates with it). The Client must then pay DHAENE CONSULTING the fee stipulated in article 3.
7. The Client undertakes to inform DHAENE CONSULTING within 7 days of any employment of a Candidate, and particularly of the terms and conditions of the employment contract approved by the accepted Candidate.
8. The warranty provided by DHAENE CONSULTING implies that, if the Client or Candidate terminates the contract during the warranty period contractually agreed on, starting from the effective date of the employment and/or co-operation agreement, DHAENE CONSULTING will recruit a new Candidate in accordance with the original recruitment contract and without any additional costs for the Client, but only under the following cumulative conditions:
a) The Client informs DHAENE CONSULTING in writing of the termination of the employment contract within 7 days following the employment contract termination date.
b) Neither the Client nor one of its subsidiaries nor any other group Company recruits the Candidate (again) within a 12- month period following the contract’s termination.
c) The Client duly made all payments and duly complied with any other obligations vis-à-vis DHAENE CONSULTING in the past, in accordance with the recruitment contract and these general terms and conditions. Under no circumstances can the Client suspend or reclaim any fees invoiced and therefore owed.
d) The Client declares its willingness to pay any additional advertising, travel and other expenses concerning the new recruitment.
e) The contract termination is not due to economic reasons or changes in the employment (or job) performed by the Candidate, nor another structural change with the Client.
9. DHAENE CONSULTING assumes a best efforts obligation to do everything in its power to guarantee the competence of the Candidates proposed to the Client and to ensure a high-quality service and integrity. However, DHAENE CONSULTING does not give any express or implicit guarantees concerning the competence and activities of the Candidates proposed to the Client.
10. DHAENE CONSULTING shall not be liable to the Client for any damage, loss, costs, complaints or expenses the Client incurred or had to bear as a result of the Client’s recruitment or employment of the Candidates.
11. The Client shall see to it that every Candidate perfectly complies with the applicable labor laws. If the Client wishes to recruit a Candidate who does not have a work permit, the necessary steps to obtain a work permit or any other authorization will be at its expense.
12. If one or more provisions of these general terms and conditions would lose their effect or be null and void, this will not prejudice the validity of the other provisions.
13. Belgian law applies to all legal relationships with DHAENE CONSULTING. The courts of Ghent (Ghent department) have exclusive jurisdiction.