Article 1. Definitions
In these General Recruitment Conditions the following terms are defined by:
(1.) "Digital Radicals": Digital Radicals BV, established in Haren, registered in the trade register under number 85618942.
(2.) "Candidate": Any natural person recruited and selected by Digital Radicals to enter into an employment contract with the Client.
(3.) "Client": The entity for whom Digital Radicals makes an effort to recruit and select a Candidate.
(4.) "Opdracht": The agreement between Digital Radicals and the Client, in which Digital Radicals makes an effort towards the Client to recruit and select a Candidate.
(5.) “Gross annual income”: the gross monthly salary agreed between the Candidate and the Client, based on full-time employment reduced to an annual salary incl. holiday pay supplemented by guaranteed or reasonably foreseeable bonuses, directors' fees or profit sharing, fixed representation fees and other emoluments.
Article 2. Applicability
2.1. These General Recruitment Conditions apply to and form part of all offers, quotations, assignments and agreements between Digital Radicals and the Client and all agreements and/or disputes arising therefrom.
2.2. These terms and conditions have an effective date of 25 January 2022, whereby all General Recruitment Terms previously issued by Digital Radicals will expire.
2.3. Deviations from these General Recruitment Conditions are only valid insofar as they have been confirmed in writing by the management of Digital Radicals. Such deviations apply exclusively to the relevant case and no rights can be derived from them with regard to legal relationships entered into at a later date.
2.4. The applicability of any other general terms and conditions, which may be used by the Client or referred to by the Client, is hereby expressly rejected.
Article 3. Introduction
3.1. A Candidate is deemed to have been introduced to the Client at the time Digital Radicals provides the Client with information related to that Candidate. As soon as further information about a Candidate is provided by or on behalf of the Client, requested from Digital Radicals or requested to arrange a meeting with the Candidate, this constitutes acceptance of the services and rates of Digital Radicals referred to in these Terms and Conditions.
3.2. Any introduction of a Candidate is strictly confidential. If violation of this provision by the Client leads to an Employment Relationship between a Candidate and a third party, the Client owes Digital Radicals the full compensation to which Digital Radicals would have been entitled if that Employment Relationship had been entered into between the Client and the Candidate. A third party also includes an institution or company affiliated with the Client.
Article 4. Costs and payment method
4.1. Digital Radicals is entitled to compensation if and as soon as, within 12 months after Digital Radicals has introduced a Candidate to the Client, an Employment Relationship is established between the Client and the Client and that Candidate, regardless of whether there is a probationary period.
Depending on the level of the annual income, the compensation due to Digital Radicals is a fixed price of a gross annual income of the Candidate, regardless of whether the Candidate will actually work for the Client for at least one year.
4.2. Cost of recruitment and selection assignments The compensation payable to Digital Radicals (excluding VAT) is a percentage, which has been agreed in the signed cooperation agreement, of the gross annual income. We invoice for full-time employment, regardless of employment contract. 4.2.1 When completing the Appointment under the Agreement, the Client owes a fee based on the Gross gross annual income, as described in Article 1(5), of the relevant Candidate in accordance with the rates as described above.
4.3 Payment must be made within 14 days of the invoice date by transferring the amount to the account of Digital Radicals stated on the invoice. The invoice date will be the date when the candidate has signed the client's employment contract.
4.4. Payment is made in the currency in which the price is invoiced, unless otherwise agreed in writing, in which case a disadvantage for Digital Radicals as a result of exchange rate differences will be borne by the client.
4.5. The Client always pays without deduction or set-off, without suspension due to alleged or actual attributable shortcoming and without the client being payment obligation by attachment or otherwise.
4.6. If the client does not pay within the set term -the default with effect from the expiry date- without Digital Radicals being obliged to provide any notice of default or demand. In such a case, the client owes interest of 1% per calendar month on the amount still owed, whereby part of a month is regarded as a full month.
4.7. If Digital Radicals proceeds to take measures to collect the claim, the client is obliged to reimburse Digital Radicals for all costs incurred in this respect. This includes all fees to third parties engaged in this regard and all costs incurred by Digital Radicals within its own organization that can reasonably be attributed in whole or in part to the measures concerned. In that case, Digital Radicals has the option of claiming the costs incurred in this respect from the client, or to determine those costs as a lump sum at 15% of the unduly unduly owed amount.
Article 5. Warranty
If the Employment Relationship of a Candidate is terminated within eight (8) weeks after commencement thereof, Digital Radicals will refund to the Client an amount corresponding to 100% of the fee charged by Digital Radicals.
Article 6. Employment relationship
6.1. During the term of an assignment and during twelve months after the end of the assignment, the client and all companies affiliated with it are not permitted to make any use, either directly for itself or by means of and/or for third parties to enter into an employment relationship or collaboration of any kind with the Candidate.
6.2. During a period of 12 months after a Candidate has been introduced to it by Digital Radicals, and an assignment has not been concluded, the client and all companies affiliated with it are not permitted to enter into an employment relationship or collaboration of any kind with the professional.
6.3. Violation of the provisions of the previous paragraphs leads to an immediately payable fine of EUR 35.000, payable to Digital Radicals, but does not affect Digital Radicals' ability to claim full compensation.
6.4. The Client is responsible in connection with the provisions of this article and liable for (in)directly affiliated companies.
Article 7. Liability
7.1 Any liability of Digital Radicals is limited to the amount for which Digital Radicals is insured and will never exceed the amount that would be, on the understanding that Digital Radicals' obligation to pay compensation does not extend to trading loss and other indirect damage.
7.2. Digital Radicals is not liable towards the Client for damage and/or losses that the professional causes to the client and/or third parties.
7.3. The client indemnifies Digital Radicals against any liability of Digital Radicals that arises directly or indirectly from damage and/or losses that the professional causes to the client and/or third parties.
7.4. Digital Radicals. is not liable towards the client for obligations that the professional has entered into with the client or third parties, regardless of whether by client or that third party has been granted permission.
7.5. The client indemnifies Digital Radicals against any liability of Digital Radicals that arises directly or indirectly from commitments that the professional has entered into with the client and/or third parties, regardless of whether the client or that third party has given permission for this.
Article 8. Applicable law, competent Court
8.1. On these General Recruitment Conditions and on the Assignment to which these General Terms and Conditions Recruitment conditions apply, Dutch law applies.
8.2. Disputes arising from or related to the Assignment to which these General Terms and Conditions apply, as well as disputes regarding these General Terms and Conditions, will, if they fall within the jurisdiction of the court, be brought before the court in Groningen.