General Terms and Conditions
1. Introduction These are the general terms and conditions of Achievers, active in employment mediation for recruiting and placing candidates with clients. These terms and conditions apply to all services of Achievers (KvK 94714754, Westerstraat 10, 3016DH Rotterdam).
1.1 Definitions
- Candidate: Person nominated by Achievers for work with clients.
- Assignment: Agreement in which Achievers recruits and selects candidates for employment with the client.
- Client: Legal entity that collaborates with Achievers for personnel recruitment.
- Parties: Achievers and Client.
2. Applicability These terms and conditions apply from 1 September 2024 to all services of Achievers. Deviating terms and conditions of the client only apply if Achievers has accepted them in writing.
3. Recruitment & Selection
3.1 Specifications of the assignment are recorded by e-mail in a collaboration proposal.
3.2 Achievers is responsible for recruiting, inducting and selecting candidates. Achievers can support in the screening of the candidate.
3.3 Achievers is not responsible for the accuracy or completeness of information provided by the client, candidate or referees.
3.4 The Achievers service is provided as soon as the candidate has signed an employment contract or assignment agreement with the Client. Achievers is not a party to the execution of the employment contract and/or assignment agreement between the Client and the Candidate.
4. Payment to Achievers/Recruitment fee
4.1 If the agreement has been entered into with one company that is affiliated with other companies (such as subsidiaries), all these companies are jointly and severally liable for the claim, regardless of the name on the invoice.
4.2 The Client owes Achievers the fee at the time the Candidate signs the employment contract or assignment agreement with the Client.
4.3 If the brokerage fee is a percentage, it is calculated on the basis of the gross annual salary for a contract period of 12 months at 1.0 FTE (40 hours), regardless of the actual duration of the contract. The calculation is: 13.96 (12 months + 13th month + holiday pay) x gross monthly salary x 0.XX (agreed percentage)
5. Termination or amendment of the Candidate agreement
5.1 If the employment contract/assignment agreement and/or characteristics thereof, with the Candidate is subsequently amended, declared null and void or terminated prematurely, this will not lead to a change or correction of the agreed and/or invoiced recruitment fee. The Client is nevertheless obliged to pay the full recruitment fee. The characteristics of the employment contract/assignment agreement include the number of working hours and salary.
5.2 If a guarantee scheme has been agreed, it will only apply if the candidate stops during the trial period, provided that this is not caused by the actions, attributable shortcomings and/or negligence of the Client. (Including but not limited to poor working conditions, unsafe working environment, insufficient training, failure to comply with agreements/promises with the candidate, unrealistic workload, mismanagement.)
6. Non-recruitment clause
6.1 If the Client or an affiliated company enters into an employment relationship or collaboration with that candidate within 24 months after the introduction of a candidate by Achievers, the full recruitment fee is due. This also applies if the candidate is presented to the Client via another intermediary or directly by the candidate himself.
6.2 The Client guarantees as joint and several debtor that all affiliated companies will also comply with the provisions of article 6.1.
6.3 The Client is not permitted to pass on any information about the Candidate(s) nominated by Achievers to third parties or to introduce those Candidates to third parties in any way.
6.4 Violation of the provisions of Article 7.1 and/or 7.3 will result in Achievers being liable and immediately claimable for 22% of the FT Gross Annual Income of the Candidate in question.
6.5 The Client and all its affiliated companies are not permitted to enter into an employment relationship or collaboration or contractual relationship of any kind with employees or representatives who were employed by Achievers at the time of the Assignment during the Assignment and for 12 months after the end of the Assignment, without the prior written consent of Achievers.
7. Liability
7.1 Client is responsible for checking the obtained diplomas of Candidates. Client must assess the suitability of the Candidate before hiring him/her. After all, Client has a better insight into the specific requirements, work environment and expectations for the role and can therefore better assess the suitability of the candidate in terms of content.
8. For candidates
8.1.1 Personal data
Achievers processes personal data of Candidates on the basis of consent. Data that we process are name and address details, work-related data as stated on CV, LinkedIn profile, VOG and other data provided by Candidate. We do not process any special personal data in this process.
8.1.2 When providing this data, Candidate also gives permission to Achievers to share this personal data with third parties, in order to perform the agreed services. Third parties can also contact Candidate for these services.
8.1.3 By using Achievers' services, the candidate agrees that Achievers can request data about the candidate from third parties and can verify the candidate's work experience with former employers and/or colleagues.
8.1.4 The candidate confirms that the reference can share objective and honest experiences about the collaboration. In addition, the candidate represents that the reference is not a friend, family member or other personal connection to the candidate, to ensure the independence and integrity of the information provided.