Terms and Conditions
Article 1: Applicability
1.1 These Terms and Conditions are part of, and apply to, all offers from, assignments to, agreements with, and legal relationships involving DUPP / Den Uijl Ploeg & Partners BV, hereinafter referred to as DUPP, related to the recruitment and selection of personnel, as well as any advice provided regarding these matters.
Article 2: Formation
2.1 The agreement is established at the moment DUPP receives the signed order confirmation from both DUPP and the client. The confirmation is based on the information provided by the client to DUPP at that time.
2.2 The client guarantees that they have provided all essential information necessary for the structure and execution of the assignment to the best of their knowledge. DUPP will carry out the assignment to the best of its knowledge, ability, and in accordance with the standards of good workmanship. This obligation constitutes a best-efforts obligation, as achieving the intended result cannot be guaranteed.
2.3 Negotiations are non-binding. Any offers or promises made are non-binding until accepted by the client and subsequently confirmed in writing by DUPP.
Article 3: Content, Execution, and Assignment
3.1 DUPP will, to the best of its knowledge and ability, recommend one or more candidates to the client based on the information DUPP has about the candidates' skills and abilities. DUPP operates on the basis of the good faith of the candidates and their references. The client is responsible for the final selection of a candidate.
3.2 The client is entirely free to enter into an employment contract or any other relationship with candidates. Once an agreement has been reached, the client must notify DUPP within one week of reaching that agreement.
3.3 Assignments are entered into and executed on an exclusive basis.
Article 4: Payment
4.1 DUPP will invoice, in accordance with the terms set out below, upon reaching an agreement between the client and the candidate proposed by DUPP. The agreed fee will be based on the gross annual salary for a full-time position. For part-time appointments, the part-time annual salary will be proportionally adjusted to a full-time annual salary for calculating the placement fee.
4.2 All costs, including advertising expenses, incurred by DUPP in consultation with the client in connection with the execution of the assignment, are at the client's expense.
4.3 All invoices must be paid within 14 days of the invoice date. Failing this, DUPP reserves the right to suspend its activities.
4.4 Offsetting the invoice amount against any claim, from whatever source, is not permitted.
4.5 Changes to the original job description are considered equivalent to the cancellation of the assignment, making the previous provision applicable, unless the parties agree otherwise in response to the change in the job description.
4.6 The client is liable for the full fee, in accordance with the rate agreed upon in the most recent signed order confirmation, for any candidate who enters into an agreement with the client within two years of being introduced by DUPP.
Article 5: Default
5.1 If the client fails to make any payment on time, they are in default simply by the expiration of the payment term. In such a case, or if the client is declared bankrupt, applies for suspension of payments, is placed under guardianship, has their assets seized, passes away, or otherwise loses control over their assets, is dissolved, or discontinues their business, all amounts owed to DUPP become immediately due without further notice, and DUPP also has the right to terminate the agreement, in which case the client is liable for any resulting damage and/or loss suffered by DUPP.
5.2 A 1% interest charge per month is due on any outstanding amount from the due date until full payment is made. A portion of the month is considered a full month.
5.3 All (extrajudicial) costs incurred by DUPP in order to enforce its rights will be borne by the client. The (extrajudicial) costs are fixed according to the applicable fee schedule of the Dutch Bar Association, including the collection fee plus disbursements.
5.4 If the client consists of multiple persons, they are jointly and severally liable to DUPP for all obligations arising from the relevant agreement.
Article 6: Liability
6.1 DUPP accepts no liability regarding the performance or actions of proposed candidates, including any consequential damage caused by the candidates within the client's company.
6.2 DUPP is liable for shortcomings in the execution of the assignment, insofar as these are the result of DUPP's failure to exercise due care, expertise, and professionalism as expected when providing advice in relation to the assignment. Liability for damages caused by these shortcomings is limited to twice the amount of the fee received by DUPP for its work on that assignment.
6.3 Any claims from the client in this regard must be submitted within one year of the damage being discovered, failing which the client will forfeit their rights.
Article 7: Applicable Law
7.1 All negotiations, agreements, and other legal relationships between the client and DUPP are governed by Dutch law.
Article 8: Disputes
8.1 Any disputes between DUPP and the client will be submitted exclusively to the competent court in Arnhem.