TERMS & CONDITIONS
This document contains the text of the General Terms and Conditions as employed by People@First B.V., hereinafter referred to as People@First. These terms and conditions apply to all current and future quotations, inquiries, assignments, and agreements between People@First and its clients. These conditions are automatically in effect and are deemed to be accepted at the moment when People@First presents its first candidate to the service recipient.
To the extent that People@First engages in one or more of the activities listed below and enters into an agreement with a client or receives a relevant request, quotation, or assignment, the corresponding General Terms and Conditions included in this document shall apply, excluding the client's terms and conditions. Deviating conditions shall only form part of an agreement between People@First and a client if expressly accepted in writing by People@First.
GENERAL TERMS & CONDITIONS PEOPLE@FIRST 2020
**Article 1 - Definitions**
The definitions referred to in these general terms and conditions are contained in the appendix thereto.
**Article 2 - Presentation of Candidates**
After receiving a recruitment assignment, People@First will present one or more candidates to its contract partner based on the then-known capacities and qualities of the candidate and the function profile.
**Article 3 - Employment Contract**
Upon reaching full and final agreement with a candidate, the contract partner will conclude an employment contract. A copy of this contract will be provided to People@First within one week after execution.
**Article 4 - Fee for Successful Placement**
A. The contract partner shall be obliged to pay the agreed fee to People@First upon the commencement of employment of the offered candidate.
B. The contract partner shall be liable to pay a fee of 15,000 euros to People@First if the contract partner offers a permanent or temporary employment contract to the candidates offered by People@First within a period of 3 years, after the candidates have been initially rejected by the contract partner.
**Article 5 - Confidentiality**
The contract partner is prohibited from disclosing documents presented by People@First and must maintain strict confidentiality of all related information. Damages resulting from a breach of this provision will be recovered with a minimum of 15,000 euros.
**Article 6 - Presentation Accuracy**
People@First assumes that information provided by candidates or obtained from referees is correct and will present candidates to the best of its abilities.
**Article 7 - Reference Verification**
References regarding a candidate will be verified only after consultation with People@First and explicit consent from the candidate.
**Article 8 - Final Candidate Choice**
The contract partner is responsible for the final candidate choice. People@First facilitates contact between the candidate and contract partner.
**Article 9 - Payment Terms**
The client will settle invoices within 14 days, unless otherwise agreed. Obligations become due in case of liquidation, insolvency, bankruptcy, or suspension of payment.
**Article 10 - Late Payment**
In case of late payment, statutory interest and additional costs will apply as outlined in the agreement.
**Article 11 - Limitation of Liability**
People@First is not liable for loss or damage resulting from candidates' acts or omissions after employment. Liability is limited to the invoiced amount for services rendered.
**Article 12 - Governing Law and Jurisdiction**
All agreements will be governed by Dutch law, and disputes will be settled by the competent court within the district of the District Court in Amsterdam.
**Article 13 - Severability**
If any term is declared null and void, the remaining terms will remain in effect, and a new condition will be implemented where possible.
**Definitions**
a. Candidate: any natural person who, either directly or through a personal holding company, is being presented, either orally or in writing, by People@First to the client for the fulfilment of a vacancy.
b. Recruitment agreement/assignment: an agreement under which People@First, to the best of its abilities, will carry out its obligation to present one or more candidates to the client in respect of an employment contract with and/or the rendering of services for the client, and on the basis whereof People@First is entitled to a fee in the event this candidate/these candidates reach an agreement notwithstanding any further stipulations with regard to the aforementioned fee, as set out below.
c. Presentation: the written or oral presentation of a candidate in the fulfillment of a recruitment agreement/assignment.
d. Fee: an agreed percentage of the candidate’s OTE/Gross annual income, excluding VAT – as further defined under 1e -, to be charged to the client for the services rendered by People@First. Furthermore, a minimum fee applies of € 7500 (excluding VAT).
e. OTE/Gross annual income: all On Target Earnings/Gross remuneration and/or allowances in money that the client will pay on the basis of the candidate’s employment contract, during the first year of employment, such as, but not limited to: Gross annual income, holiday allowance, annual bonus, bonuses, (honorarium) commission, and any other compensation. In the event any compensation depends on the fulfilment of any condition and/or the expiration of any period of time, any such condition and/or period of time for the determination of the gross annual income will, for the fixation of the fee, be deemed to be fulfilled.
f. Vacancy: the job opening, announced by the client, for a position to be held in the client’s company/organization.
g. Function profile: the description of the contents, orally or in writing, of the vacancy and the demands on the candidate’s competence linked to that vacancy.
h. Days: the official business days.
i. Placement: the conclusion of an employment contract and/or freelance agreement between the client and a candidate presented by People@First.
j. Application procedure: the procedure starting automatically by the realization of a recruitment assignment or presentation of a candidate by People@First to the client, until the placement of a candidate or the premature termination of this procedure by the candidate, the client, and/or People@First.
k. Contract partner: any party or company the contract has been signed with.