General conditions

Art. 1 Definitions

In these terms and conditions, the following definitions shall apply:

1. Recruitment and Selection: assisting the client in searching for candidates for the position of Family Assistant/Nanny, with the aim of establishing an employment contract or a related direct employment relationship between the employer and the candidate.
2. TFA: The Family Assistant B.V.
3. Client: natural person or company that commissions TFA to carry out recruitment and selection.
4. Candidate: the (prospective) Family Assistant/Nanny who is involved in TFA's recruitment and selection process for a client.
5. Search assignment: the agreement between the client and TFA on the basis of which TFA carries out recruitment and selection activities on behalf of the client in question.

Art. 2 Creation of a search request

1. All quotations from TFA are without obligation unless expressly stated otherwise in an individually addressed written quotation. Prices quoted in a quotation are exclusive of VAT unless otherwise indicated.
2. The search assignment will commence after TFA has received the assignment agreement signed by the client and the start fee of €500 via PandaDoc, or after TFA has confirmed the client's verbal, telephone, or email consent in writing or by email to the client. TFA is the only contractor to the client. The applicability of Articles 7:404 and 7:407(2) of the Dutch Civil Code is excluded.
3. These general terms and conditions, recruitment, and selection apply to a search assignment.

Art. 3 Execution of a search

1. By accepting a recruitment and selection assignment, TFA undertakes to perform to the best of its ability. Candidates are nominated to the best of our knowledge and in accordance with the standards of good professional practice.
2. Information provided to TFA by the client itself will be accepted as accurate.
3. References will only be obtained with the candidate's consent.
4. The client is responsible for its final choice of candidate and for the appointment.
5. TFA is not liable if the candidate does not meet the client's requirements or expectations, unless this is the demonstrable direct result of an act or omission by TFA in contravention of the provisions of paragraph 1 of this article. Any liability on the part of TFA in that case is limited to direct damage suffered by the client and to a maximum of the fee charged and/or to be charged to the client in connection with the search assignment in question.

Art. 4 Duration of a search

1. A search assignment ends when it is successfully completed, consisting of the client's acceptance of the proposed candidate or the expiry of any agreed maximum duration of the search assignment. The parties may extend this duration by mutual agreement.
2. The client may terminate the search assignment in writing at any time.

Art. 5 Candidates of TFA

Prior to placement with a family, the candidate has completed The Family Assistant's Start-up Masterclass or will complete it as soon as possible.

Art. 6 Compensation

1. Upon completion of the search assignment, TFA and the client agree on a fee of three times the gross monthly salary (with a minimum reduction of 30 hours) of the Family Assistant/Nanny/PA. This assignment confirmation and costs will be recorded in an email from TFA to the client.
2. Any additional costs incurred by TFA in consultation with the client in the context of the search assignment, such as travel and/or accommodation costs for candidates, rental of locations for interviews, etc., will be borne by the client in addition to the agreed fee.
3. When starting a search via TFA, a starting fee of €500 will be charged. Once this has been paid, TFA will start the search for a candidate and will post a vacancy online.
4. If and insofar as the client enters into an employment relationship of any kind for itself, through third parties, and/or for third parties with a candidate recruited and/or selected by TFA, the client will owe TFA a fee equal to three gross monthly salaries agreed with the Family Assistant/Nanny, plus VAT.
5. If the Client wishes to change or supplement the search assignment, TFA will indicate to what extent the change and/or supplement will result in a change in the agreed fee owed.
6. The client is obliged to inform TFA immediately if an employment relationship as referred to in paragraph 4 has been established, stating the gross monthly salary agreed with the Family Assistant/Nanny based on a 40-hour working week.

Art. 7 Payment and consequences of non-payment

1. The client is obliged to pay every invoice submitted by TFA for recruitment and selection within 14 days of the invoice date, unless otherwise agreed. Objections to the content or amount of the invoices do not suspend the payment obligation. The client is obliged to pay any invoice submitted by TFA for recruitment and selection within 14 days of the invoice date, unless otherwise agreed.
2. However, if the assignment starts within 14 days, payment must be made no later than the first working day of the Family Assistant/Nanny.
3. Only payments made directly to TFA are considered paid.
4. Complaints about an invoice must be submitted to TFA in writing within 14 days of the invoice date. The client is responsible for proving that the complaint was submitted on time. Complaints will no longer be considered after this period has expired. Submitting a complaint does not suspend the payment obligation.
5. In the event of late payment, the client will be in default without notice of default and TFA will be entitled to charge statutory interest and/or extrajudicial costs.

Art. 8 Cancellation by the Client

1. If the client cancels the search assignment after TFA has presented one or more candidates to the client and/or after one or more introductory interviews have taken place, the client will owe TFA a cancellation fee of €5,000 excluding VAT.
2. This cancellation fee is considered reasonable compensation for work already performed by TFA, reserved capacity, and costs incurred in connection with the search assignment.
3. The cancellation fee is payable regardless of the reason for cancellation and does not affect the client's obligation to pay other fees due under these general terms and conditions.

Art. 9 Liability

TFA accepts no liability whatsoever for damage and losses, including consequential damage, resulting from acts or omissions of candidates with whom the client has concluded an employment contract or a related agreement, (partly) as a result of recruitment and selection by TFA.

Art. 10 Confidentiality

1. TFA undertakes to maintain confidentiality with regard to all data and information concerning the client that it has obtained or will obtain during the term of the agreement with the client. The confidentiality obligation does not extend to information that is in the public domain or information that must be disclosed by law.
2. TFA will also impose this confidentiality obligation on its employees and any other persons it engages in the performance of the search assignment.

Art. 11 Prohibition of hiring personnel

1. The client is not permitted to enter into any employment relationship of any kind with this candidate, either directly, through third parties, and/or for third parties, within a period of 24 months after TFA has presented the candidate to the client in the context of the recruitment and selection assignment, or to employ the candidate directly or indirectly, except with the prior written consent of TFA.
2. In the event of a violation of paragraph 1 of this article, the client shall owe TFA an immediately payable penalty equal to six gross monthly salaries of the candidate in question, without prejudice to the possibility offered by law to claim damages and/or compliance with the prohibition.

Art. 12 Privacy and personal data

1. TFA processes personal data of clients and candidates in the context of carrying out the search assignment. This processing takes place in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).
2. Personal data is processed exclusively for purposes related to recruitment and selection, mediation, administration, and compliance with legal obligations.
3. TFA will take appropriate technical and organizational measures to protect personal data against loss or unlawful processing.
4. Personal data will not be retained longer than necessary for the aforementioned purposes, unless a legal retention obligation applies.
5. Further information about how TFA handles personal data, as well as the rights of data subjects, is included in TFA's privacy statement, which can be consulted on the TFA website.

Art. 13 Financial consequences in the event of termination, cancellation, and force majeure

1. If the search assignment is terminated, canceled, or ends as a result of force majeure, the work already performed by TFA and the costs incurred remain payable in full.
2. The start fee charged by TFA is non-refundable, regardless of the manner or reason for termination of the search assignment.
3. In the event of cancellation by the client as referred to in Article 8 of these general terms and conditions, the client shall owe the cancellation fee specified therein.
4. Termination or cancellation of the search does not release the client from the obligation to pay fees that are or will be due under these general terms and conditions, including fees upon the commencement of employment of a candidate recruited or proposed by TFA.
5. The fees and (cancellation) fees included in these general terms and conditions are considered reasonable compensation for the work performed by TFA, reserved capacity, and costs incurred.

Art. 14 Complaints procedure

1. Complaints about the execution of the search assignment, the candidates proposed, or the communication by TFA must be communicated to TFA in writing, stating the reasons, as soon as possible, but no later than 14 days after the complaint arose.
2. If a complaint relates to a specific candidate, it must be submitted no later than 7 days after meeting or appointing the candidate in question.
3. TFA will handle complaints submitted in a timely manner within a reasonable period of time and will endeavor to reach an appropriate solution in consultation with the client.
4. Submitting a complaint does not suspend the client's payment obligation.

Art. 15 Amendment of the general terms and conditions

1. TFA is entitled to amend or supplement these general terms and conditions.
2. Amended general terms and conditions will be made available to the client in good time and will take effect at the announced time, but no earlier than 14 days after publication, unless a legal obligation requires an earlier amendment.
3. The amended general terms and conditions apply to new search assignments and, if applicable, to ongoing search assignments, insofar as the amendment does not lead to a substantial worsening of the client's position.

Article 16 Applicable law and competent court

The legal relationship between TFA and the client is governed by Dutch law. The Dutch courts have jurisdiction to hear and rule on disputes between TFA and the client arising from or related to the search assignment or any other legal relationship between TFA and the client.