Algemene voorwaarden

In these general terms and conditions, the following terms shall have the meanings ascribed to them:

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Employment Agreement:

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The agreement to be concluded between the Candidate and the Client, including all related documents.

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Three Birds Agency:

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Three Birds Agency, a recruiting agency located in the Netherlands.

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Service Agreement:

The agreement between the Client and Three Birds Agency, which sets out the services to be provided and the conditions under which they will be delivered, including job profiles and a step-by-step plan.

Fee:

The remuneration payable by the Client to Three Birds Agency for the recruitment, project guidance, and handling of the recruitment assignment.

Candidate:

The candidate(s) recruited, selected, and proposed by Three Birds Agency to the Client for the Vacancy.

Client:

The client or any other party that engages Three Birds Agency to fulfill a Vacancy.

Assignment:

A request from the Client to Three Birds Agency to select suitable Candidates for the Vacancy and introduce them to the Client, either orally or in writing.

Vacancy:

The position to be filled by Three Birds Agency, as described in the Service

2.1 Any purchasing or other terms and conditions of the Client are not applicable and are expressly rejected. 2.2 Deviations from these general terms and conditions shall only apply if agreed upon in writing.

2.3 The term "in writing" in these general terms and conditions also includes electronic communication.

2.4 If one or more provisions of these general terms and conditions are declared null and void or are annulled, the remaining provisions of these general terms and conditions shall remain in full force and effect. If the application of the preceding sentence encounters insurmountable difficulties, the parties shall negotiate in good faith to resolve the problem in accordance with the spirit of these general terms and conditions.

3.1 The job description shall include, at a minimum, the following information:

● Job title

● Duties and responsibilities

● Brief profile of the desired candidate

● Location

● Salary (indicative, if applicable)

● Variable components such as bonuses and profit sharing

● Net allowances

● Other benefits

● (Draft) employment agreement

4.1 In the event of a successful fulfillment of the Assignment, Three Birds Agency will charge the Client a fee of 20% of the Candidate's gross annual salary.

4.2 A successful fulfillment of the Assignment, unless otherwise agreed in writing between the parties, is defined as the Candidate's signing of the Employment Agreement within 12 months after the Client has assigned the task to Three Birds Agency.

4.3 The gross annual salary refers to the salary including all allowances. In the case of a part-time position or employment period shorter than a year, the salary will be based on what the Client considers a full working week and a full year.

4.4 Emoluments, in this context, refer to holiday allowances and fixed thirteenth month.

4.5 Induction of employment also includes any comparable form of actual employment of a Candidate, such as contracting, partnership, secondment, etc., whether directly or indirectly through a third party and whether at another location of the Client or an affiliated enterprise.

5.1 The Fee will be invoiced to the Client after the Candidate has accepted and signed the Employment Agreement.

5.2 The payment term for invoices is 30 days from the invoice date. The Client is not entitled to set-off or suspension. In case of non-payment by the Client within the specified period, the Client shall be in default without further notice.

5.3 If the Client is in default, the Client shall be liable to pay Three Birds Agency an overdue interest of 1% per month on the principal sum, with each part of a month considered as a full month. The Client shall also be liable for the actual extrajudicial (collection) costs, with a minimum of €250, as well as the actual legal costs incurred.

6.1 Apart from the Fee for successful fulfillment, the Client shall not incur any additional expenses unless otherwise agreed upon in writing.

7.1 The Client is obligated to provide Three Birds Agency with the data regarding the Candidate's gross annual salary and the start date within 30 days upon request from Three Birds Agency. If the Client fails to provide timely, sufficient, or accurate data, Three Birds Agency is entitled to estimate the gross annual salary and start date and invoice accordingly.

8.1 Three Birds Agency will make reasonable efforts to recruit suitable Candidates in the context of the Assignment. However, the Client is responsible for the decision to enter into an Employment Agreement with a Candidate, as well as the content of the Employment Agreement, remuneration, and working conditions.

8.2 Three Birds Agency shall not be liable for any damages arising from the reliance on inaccurate or incomplete information provided by or on behalf of the Client.

8.3 Three Birds Agency accepts no liability for its actions or omissions in the execution of the Service Agreement, including but not limited to any failure or damages caused by a Candidate, except in cases of intentional misconduct or gross negligence on the part of Three Birds Agency.

9.1 The Client shall not disclose any information about a Candidate to any third party without the prior written consent of Three Birds Agency. In the event of a breach of this provision, the Client shall be liable to pay Three Birds Agency an immediately due penalty of EUR 25,000 per violation, without prejudice to Three Birds Agency's right to claim full damages.

9.2 Three Birds Agency shall treat information provided by the Client with utmost care, as long as such information is not of common knowledge, and shall keep all non-recruitment-related data confidential.

9.3 Three Birds Agency shall make efforts to ensure that the Candidates approached by them adhere to the same confidentiality obligations.

9.4 Three Birds Agency shall not actively approach placed Candidates for

re-placement. If a Candidate requests re-placement, Three Birds Agency will only mediate with explicit consent from the Client. Three Birds Agency cannot prevent Candidates from receiving mailings and/or newsletters from Three Birds Agency.

10.1 If a Candidate leaves the employment of the Client or the Client does not want to continue with the Candidate within 1 month after starting, Three Birds Agency will issue a credit note for the entire invoice amount.

10.2 If a Candidate leaves the employment of the Client or the Client does not want to continue with the Candidate in the second month after starting, Three Birds Agency will issue a credit note for 70% of the invoice amount.

10.3 If a Candidate leaves the employment of the Client or the Client does not want to continue with the Candidate in the third month after starting, Three Birds Agency will issue a credit note for 50% of the invoice amount.

10.4 If the Client wishes to avail the guarantee policy, it must inform Three Birds Agency in writing within 14 days of the termination of employment with the initial Candidate; failure to do so will preclude the Client from invoking the provisions of this article.

11.1 The Service Agreement between Three Birds Agency and the Client is governed by Dutch law. All disputes shall be submitted to the competent court in Amsterdam.

11.2 All amounts mentioned in this agreement are exclusive of VAT.