Terms and conditions to move safely
Art.1 These general terms and conditions apply to all Hunters & Makers offers, assignments and agreements for the entire portfolio and other services to be provided by it, including recruitment, executive search, coaching, career advice, tailor-made advice and outplacement, also when third parties must be involved in the implementation.
Art.2 These general terms and conditions mean by:
a. client: any natural or legal person who gives instructions as referred to in Article 1;
b. the contractor: Hunters & Makers
c. the assignment: the agreement between the client and the client;
d. the client 1: an employee or person appointed by the client, who has been accepted by the contractor for coaching and / or career counseling and who has opted for this guidance on a voluntary basis and is prepared to do so and who has agreed to the for him / her valid provisions from these general conditions the client 2: client if the support concerns him / herself and / or if there is a procedure of Recruitment, Headhunting
Art.3 Dutch law applies to the relations between the client and the employee and the Hunters & Makers Privacy Declaration of May 25, 2018.
Art.4 There are no costs associated with exploratory discussions with the client and client. An exploratory meeting is the first interview with the contractor. Orientation discussions are confidential and without obligation.
The assignment and execution thereof
Art.5 The order is concluded when an offer, including quotations, of the contractor has been accepted by the client in writing and the client has also agreed to the provisions of these general terms and conditions concerning him / her. The offer is also considered accepted, at the moment when the client makes use of the offered or the first service at the request of the client for the first time.
Art.6 All offers from the contractor are without obligation and valid for 14 days after date, unless the offer expressly states otherwise in writing.
Art.7 The assignment is an effort agreement, in which the contractor guarantees to use all of the resources available to the client for optimal use.
Art.8 In the case of all assignments as referred to in Article 1, the counseling will be continued until the assignment has been carried out, or until the time at which the client indicates that he no longer wishes to accept the supervision of the contractor or the contractor on the basis of Article 14 / last paragraph. Unless agreed otherwise in advance on which the assignment ends, in which case the assignment ends at that time.
Art.9 In the case of assignments for a complete outplacement process, the guidance will be continued until the time at which the client has accepted an appropriate offer for employment or has opted for a different route, such as independent entrepreneurship, study, and so on. For other routes, a turnaround time applies, as described in the offer.
Art.10 During the execution of the assignment, the contractor has the right to have certain work done by third parties, unless explicitly agreed in writing that this will not be the case. The deployment of third parties (fellow professionals / employees) will take place while maintaining the offer, which also ensures continuity.
Art.11 If after the conclusion of the assignment the client withdraws for whatever reason or on other grounds the time on which the assignment ends, then nevertheless all provisions of this agreement, which are intended to be valid after termination of the agreement, remain valid. remain between the parties. In particular, the provisions regarding the payment obligations of the client and the provisions regarding confidentiality of data.
Art.12 If for any reason whatsoever the client can invoke the voidability of parts of these general conditions on the grounds that they are unreasonably onerous for him / her, these stipulations will nevertheless remain in the relationship between the contractor and – giver valid, unless the client is entitled to an inde- pendent claim to voidability of such stipulation and such destruction is invoked by the client.
Art.13 The contractor is not obliged to fulfill its obligations if he or she is prevented from doing so by certain circumstances beyond control as referred to in Article 75 of Book 6 of the Dutch Civil Code. These circumstances will be reported to the client and client in writing as soon as possible. Ascendancy shall in any event be deemed to exist if, owing to any circumstance, foresight or unforeseen, the contractor can no longer reasonably be expected to fulfill its obligations. This is the case, among other things, with sickness of deployed personnel, transport options, full or partial default of suppliers, restrictive government measures of any kind and furthermore any other circumstance on which the contractor can not exert influence, but as a result of which it is not able to fulfill its obligations under the agreement.
Art.14 The facilities, information and services of the contractor are only available to the client for personal use in connection with the execution of the assignment. The client is not at liberty to use it for publication, commercial use, etc., or to make it available to third parties.
Art.15 After consultation with the client, the contractor may, in the event of the employment of the client, still exist and if the employment contract no longer exists, terminate the guidance at its own discretion if the client obstructs the counseling process. This conclusion can be drawn, for example, if the client repeatedly fails to follow the advice of the contractor, or shows no commitment / motivation any more. Before this is done, the contractor will warn the client in writing.
Honorarium, rate and payment
Art.16 The contractor reserves the right to change its rates from time to time without further notice. This does not apply to the tariff agreements included in the contracts that have been concluded.
Art. 17 At the conclusion of an assignment, a rate per hour or a fixed fee can be agreed between the client and the employee. For legal entities, the agreed rate or fee is exclusive of VAT and other levies imposed by the government. The fee including VAT is stated for natural persons.
Art. 18 If a fixed fee is charged for an assignment, this fee will be payable by the client immediately upon written acceptance of the assignment, unless this has been determined otherwise in the assignment.
When a client quickly succeeds in an assignment for individual outplacement, this will not be deducted from the fee. On the other hand, the contractor does not ask for an extra fee if the supervision turns out to be longer or more intensive than planned.
Art.19 The client is obliged to pay the invoice submitted by the contractor within 14 days after the invoice date. In case of late payment, the support can be suspended or terminated, with the payment obligation remaining. Payments made always serve to settle all interest and costs owed and then the due and payable invoices that have been outstanding the longest, even if the paying party states that the payment relates to a later invoice.
Art.20 If an invoice from the contractor is not paid within the set period, interest will be payable on the outstanding amount of 1% per calendar month, whereby part of the month will be counted as a full month.
Art.21 Complaints about the invoice must be submitted to the contractor in writing within two weeks of the day of dispatch. After this period, the client is deemed to have accepted the correctness of the invoice and the right to object is canceled.
Art.22 All costs of collection, including all costs of legal assistance and also extrajudicial costs, are entirely at the expense of the client. For out-of-court costs, 20% of the principal owed may in any case be charged without other proof.
These General Terms and Conditions of Hunters & Makers were filed with the Chamber of Commerce in 2012 and are updated annually.