General conditions

General terms and conditions of recruitment and selection of The Family Assistant

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, Inc.

3. Client: natural person or company that commissions TFA to perform recruitment and selection services.

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 performs recruitment and selection activities on behalf of the client in question.

Art. 2 Creation of a search request

1. All quotations from TFA are non-binding unless expressly stated otherwise in an individually addressed written quotation. Prices stated in quotations 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 €500 start fee via PandaDoc, or after TFA has confirmed verbal, telephone, or email consent in writing or by email. Only TFA is considered the contractor. The applicability of Articles 7:404 and 7:407(2) of the Dutch Civil Code is excluded.

3. These general terms and conditions for recruitment and selection apply to a search assignment.

Art. 3 Execution of a search

1. By accepting the search assignment, TFA undertakes a best-efforts obligation. A candidate is nominated to the best of our knowledge and in accordance with good professional practice.

2. Information provided by the client is assumed to be correct.

3. References will only be obtained with the candidate's consent.

4. The client is responsible for the final selection and appointment of the candidate.

5. TFA is not liable if a candidate does not meet expectations, unless there is demonstrable failure on the part of TFA. Any liability is limited to direct damage and a maximum of the fee charged.

Art. 4 Duration of a search

1. The search ends upon successful placement or upon expiry of the agreed term. Extension may take place in consultation.

2. The client may terminate the search assignment in writing at any time.

Art. 5 Candidates of TFA

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

Art. 6 Compensation

1. The compensation amounts to three times the gross monthly salary (minimum 30 hours) of the Family Assistant/Nanny/PA and will be confirmed by email.

2. Additional costs such as travel and accommodation expenses shall be borne by the client.

3. A starting fee of €500 will be charged at the start of the search. TFA will commence recruitment after payment has been received.

4. If the client enters into an employment relationship with a candidate recruited by TFA, a fee of three gross monthly salaries excluding VAT is payable.

5. Changes to the search query may affect the fee.

6. The client shall inform TFA immediately upon commencement of employment, stating the gross monthly salary based on 40 hours.

Art. 7 Payment and consequences of non-payment

1. Invoices must be paid within 14 days of the invoice date. Objections do not suspend payment.

2. Upon commencement of employment within 14 days, payment must be made no later than the first working day.

3. Only payments made to TFA are considered paid.

4. Complaints about invoices must be submitted in writing within 14 days.

5. In the event of non-payment, the client shall be in default by operation of law and shall owe statutory interest and collection costs.

Art. 8 Cancellation by the client

1. In the event of cancellation after candidate proposal, a cancellation fee of €5,000 excluding VAT will be payable.

2. This remuneration constitutes reasonable compensation for the work performed.

3. The fee is payable regardless of the reason for cancellation.

Art. 9 Liability

TFA is not liable for damage resulting from the actions or omissions of placed candidates.

Art. 10 Confidentiality

1. TFA maintains confidentiality with regard to all information obtained.

2. This obligation also applies to employees and third parties engaged by the company.

Article 11 Prohibition on hiring

1. Within 24 months of presentation, employment without consent is not permitted.

2. In the event of a violation, a fine of six gross monthly salaries is payable.

Art. 12 Privacy and personal data

1. Personal data is processed in accordance with the GDPR.

2. Processing takes place exclusively for recruitment, selection, and administration purposes.

3. TFA shall take appropriate security measures.

4. Data will not be stored longer than necessary.

5. Further information is included in TFA's privacy statement.

Art. 13 Financial consequences upon termination

1. Work already performed remains payable.

2. The entry fee is non-refundable.

3. Cancellation fees remain in effect.

4. Termination does not release you from payment obligations.

5. Reimbursements are considered reasonable compensation.

Art. 14 Complaints procedure

1. Complaints must be submitted in writing within 14 days.

2. Complaints about candidates within 7 days.

3. TFA handles complaints within a reasonable period of time.

4. Complaints do not suspend payment.

Art. 15 Amendment of the general terms and conditions

1. TFA is entitled to change the terms and conditions.

2. Changes will take effect after 14 days.

3. Changes apply to new and current orders.

Article 16 Applicable law and competent court

All legal relationships are governed by Dutch law. Any disputes will be submitted to the competent Dutch court.