These general conditions apply to all quotations, assignments and agreements concerning the services provided by Block Consulting BV (commercial name: “Bridge2IT”), for the recruitment and selection of personnel and/or employees. Any general terms and conditions of the client are expressly excluded.
For the purposes of these general conditions, the following definitions shall apply:
All quotations and offers made by the employment agency are without obligation.
No rights can be derived from the quotation or offer made if the candidate to whom it relates is meanwhile no longer available as a result of finding another employment.
It is up to the client to provide all information to the employment agency in a timely manner which could reasonably be of interest within the framework of the mediation, including but not limited to a non-competition or non-solicitation clause by which the client is bound and which could therefore influence a possible recruitment.
In this context, the client undertakes to report to the employment agency within a reasonable period of time after an introductory interview with a candidate proposed by the employment agency has taken place.
When the client makes an offer to the candidate to work for it or to start a cooperation of any kind (employment contract, through temporary employment, within the framework of an independent cooperation, etc.), it must inform the employment agency without delay, and at the latest within 10 calendar days, of this offer, the candidate’s reaction and the action taken on it.
The client undertakes to treat the candidates proposed by the employment agency with due care and diligence. At all times, the client will ensure that the information provided by the candidate will be treated and processed confidentially and in accordance with the provisions in force regarding the processing of personal data.
At all times, the client undertakes to treat the candidates without discrimination.
The client shall pay the mediation fee as stipulated in the service agreement between the client and the employment agency. The fees of the employment agency shall be determined in accordance with the rates customary in the business.
If, for a given assignment, the client decides to hire (or work with) more of the candidates proposed by the employment agency than those originally envisaged at the start of the assignment, the client shall pay to the employment agency the mediation fee provided for in the mediation agreement for each candidate placed, in accordance with the arrangements set out in these General Terms and Conditions.
The invoices of the employment agency are payable upon receipt. Any costs resulting from a payment are costs of collection at the expense of the client.
The employment agency reserves the right to change the price originally agreed upon if the object of the assignment or the candidate profile sought is changed, or as a result of amended legislation, or as a result of price changes by the employment agency’s suppliers, or as a result of changes in its costs.
All complaints regarding invoices must reach the employment agency within 15 calendar days of the invoice date. Complaints shall be sent by registered mail, stating the reasons. If no complaint is received within this period, the invoice shall be deemed to have been accepted.
In the absence of full payment within one month after the invoice has been sent, the client shall be liable, ipso jure and without prior notice of default, to pay a default interest of 12%.
Furthermore, in the event of non-payment within the stipulated payment period, the client shall owe liquidated damages amounting to 10%, with a minimum of EUR 125, without prejudice to the Employment Services Agency’s right to claim higher damages if its loss is greater.
The employment agency reserves the right to consider the recruitment and selection contract cancelled at the expense of the client if the client does not fulfil his obligations (legal and contractual obligations) within the framework of this contract. In this situation neither a compensation nor any other compensation of any kind will be due by the employment agency. The client is obliged to reimburse all damages that may arise in this connection to the employment agency, as well as to pay all outstanding fees.
If the contract is terminated unilaterally by the client, the client shall owe the employment agency damages corresponding to the amount of the invoices which the employment agency would have invoiced if the contract had not been terminated, unless the client can prove gross negligence on the part of the employment agency, this without prejudice to the client’s obligation to pay the outstanding invoices and services as well.
The employment agency reserves the right to claim a higher compensation if the actual damage exceeds the aforementioned compensation.
If the candidate presented by the employment office to the client is not retained or if the candidate rejects the job offer from the client or decides to stop the employment mediation, and is subsequently, within a period of 18 months after the presentation of the candidature, hired by the client, or an affiliated company in the sense of art. 1:20 CCA, is nevertheless recruited through an employment contract, or any form of cooperation between the candidate and the client, or the affiliated company would be started up, the client will be obliged to pay the employment agency the mediation fee as stipulated in the service agreement.
The employment agency undertakes, for a period of 12 months after the conclusion of the recruitment and selection assignment, to refrain from approaching employee(s) of the client with the intention of introducing them to another employer. This article is not applicable if the employee himself contacts the client with the intention of accepting a position elsewhere.
The employment agency is only bound by a best efforts obligation. This means that no guarantee can be given regarding the result of the assignment.
The employment agency shall exercise the utmost care in selecting candidates, but it remains the client’s responsibility to ascertain the suitability of the candidate and to form an independent opinion regarding his or her ability.
If, after recruitment, it turns out that the candidate is not suitable to fulfil the position as proposed by the client, the employment agency shall not be liable for this, unless the client can demonstrate that there was gross negligence on the part of the employment agency. In any case, the employment agency’s liability shall be limited to a maximum of the paid invoice amount for that mediation order.
The employment agency shall in any case, without prejudice to the preceding provision, only be liable for its wilful misconduct or gross negligence, or that of its employees, or for non-fulfilment of the essential obligations which are the subject of the contract concluded between the client and the employment agency, except in cases of force majeure.
Should the employment agency be liable, such liability shall in any event be limited to the direct and foreseeable proven loss. The employment agency shall under no circumstances be liable for consequential or indirect damage of any kind or from any cause whatsoever.
Without prejudice to the foregoing, the employment agency’s liability shall at all times be limited to the amount covered by its insurance or, if the employment agency’s insurance does not cover the incident, to a maximum of the invoices actually paid for the mediation assignment in question.
Without prejudice to the foregoing, the employment agency shall in no way be liable for damage and losses caused by candidates recruited through its mediation (in any capacity whatsoever: under an employment contract, an independent partnership, etc.).
The client indemnifies the employment agency completely against damage and liability towards third parties.
The Employment Agency strives to comply with applicable data protection legislation. How the Employment Office processes personal data is determined by its privacy statement, which applies to every relationship between the client and the Employment Office. This privacy statement of the Employment Services Agency can be consulted at www.Bridge2IT.be.
If any provision or part of a provision of these general terms and conditions of the employment agency is unenforceable or conflicts with a mandatory provision, this shall not affect the validity or enforceability of the remaining provisions of these general terms and conditions, nor the validity and enforceability of that part of the provision concerned that is unenforceable or conflicts with a mandatory provision. In such a case, the employment agency and the client will negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision, which corresponds as closely as possible to the purpose and tenor of the original provision. A deviation by the employment agency from these general terms and conditions can never be considered as a waiver thereof.
These general terms and conditions may be amended by the employment agency at any time. The client will be informed of any changes before they become applicable.
The relationship and/or agreements between the client and the employment agency are exclusively governed by Belgian law. In case of dispute, the Dutch courts in Brussels (Belgium) are solely and exclusively competent. The legal language will always be Dutch.
W.RE.1821; W.RS.1821; W.SI.1821
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