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 client in seeking candidates for the
position of Family Assistant/Nanny in which the establishment of an employment contract or a
related direct employment relationship between the employer and the candidate is intended.
2. TFA: The Family Assistant B.V.
3. Client: natural person or company ordering recruitment and selection by TFA.
4. Candidate: the (prospective) Family Assistant/Nanny involved in the recruitment and selection process.
of TFA for a client.
5. Search assignment: the agreement between the client and TFA pursuant to which TFA recruits and
selection activities performed on behalf of the relevant client.
Art. 2 Creation of a search request
1. All offers by TFA are without obligation unless the contrary is expressly stated in an individually addressed
written quotation has been made known. Prices stated in a quotation are exclusive of VAT unless otherwise
indicated.
2. The search is established after TFA receives the signed assignment agreement and the starting fee of 500
Euro received through PandaDoc. And/or a verbal, telephone or emailed consent
of the client to the client in writing or by e-mail. Exclusively TFA applies
towards the client as contractor. The applicability of articles 7:404 and 7:407 paragraph 2
of the Civil Code is excluded.
3. A search request is subject to these general terms and conditions, recruitment and selection.
Art. 3 Execution of a search
1. By accepting a search assignment for recruitment and selection, TFA assumes a
effort obligation. A nomination of a candidate is made to the best of our knowledge and
in accordance with the standards of good workmanship.
2. Information provided to TFA by the client itself will be accepted as correct.
3. References will be obtained only with the candidate's consent.
4. The client is responsible for his final choice of a candidate and for the
appointment.5. TFA is not liable if the candidate is found not to meet the requirements or expectations
of the client unless it is the demonstrable direct result of acts or omissions by TFA in violation of
with the provisions of paragraph 1 of this article. Any liability of
TFA in such a case is limited to direct damages of the client and to a maximum of the amount of the costs incurred in connection with the
relevant search order charged to and/or payable to the client.
bring fee.
Art. 4 Duration of a search
1. A search ends by its success existing in the acceptance by the client
of the nominee or by the expiration of any agreed maximum term
of the search. The parties may extend this duration by mutual agreement.
2. The client may terminate the search in writing at any time.
Art. 5 Candidates of TFA
1. Prior to placement with a family, the candidate has attended the Start-up Masterclass of the The
Family Assistant attended or will attend as soon as possible.
Art. 6 Compensation
1. TFA and client agree on a fee of
Three times the gross monthly salary (with a minimum of 30 hours' decrease) of the Family Assistant/Nanny.
This order confirmation and cost will be recorded in an email from TFA to the client.
2. Any additional costs, which in consultation with the client are incurred by TFA within the framework of the
implementation of the search, such as travel and/or accommodation costs of the
candidates, rental location for interviews, etc., are in addition to the agreed fee for
account of the client.
3. When starting a search through TFA, a starting fee of €500,
- charged. Once
this is met, TFA will begin the search of a candidate and TFA will post a job opening online
places.
4. If and insofar as the client has for itself, through third parties and/or for third parties a
enters into an employment relationship of any kind with any TFA recruited and/or selected
candidate, then the Client shall owe TFA a fee in the amount of three with the Family
Assistant/Nanny agreed gross monthly salaries plus VAT payable thereon.
5. In case the client wishes to change or supplement the search query, TFA will indicate in
to what extent the amendment and/or addition change the agreed fee payable to
consequence.
6. The client is obliged to inform TFA immediately if a situation referred to in paragraph 4 is
employment relationship is established, specifying the number of hours of employment with the Family Assistant/Nanny
agreed gross monthly salary based on a 40-hour work week.
Art. 7 Payment and consequences of non-payment
1. The client is at all times required to pay each invoice submitted by TFA for recruitment and selection
payable within 14 days of invoice date unless otherwise agreed.
Objections to the content or amount of invoices do not suspend the payment obligation.
The client shall at all times be required to pay any invoice submitted by TFA for recruitment and selection
pay within 14 days of invoice date, unless otherwise agreed. For a start within 14
days, however, payment must be made no later than the Family Assistant/Nanny's first day of work.
Finding.
2. Only payments made to TFA shall be in full discharge.3. Complaints regarding any invoice must be made in writing to TFA within 14 days of the invoice date.
submitted. The burden of proof regarding timely submission of the claim rests with the client. After this
term, complaints will no longer be considered. A complaint cannot lead to suspension
of a payment obligation.
4. In case of late payment, the Client is in default without notice of default and TFA is entitled to
charge statutory interest and/or extrajudicial costs.
Art.8 Cancellation by Client.
1. If Client cancels the recruitment assignment after The Family Assistant has received one or more
proposed candidates and/or introductory interviews have already taken place, is
Client shall owe a fixed cancellation fee of €5,000 (excluding VAT).
2. This fee shall be due regardless of the reason for cancellation and shall cover the already
Costs incurred and time spent by The Family Assistant.
Art. 9 Liability
1. TFA bears no liability whatsoever for damages and losses - including consequential damages.
as a result of acts or omissions of candidates with whom the principal (in part) as a result of the
recruitment and selection by TFA has an employment contract or related agreement
closed.
Art. 10 Confidentiality
1. TFA undertakes to maintain confidentiality regarding all data and information concerning the
client, which it has obtained or will obtain during the term of the agreement with the
principal. The obligation of confidentiality does not extend to data of general knowledge or to
data 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.
Art. 11 Prohibition of hiring personnel
1. The client is not permitted, within a period of 12 months after TFA in the context of
of the recruitment and selection assignment presented to Client, with this candidate
directly for himself, through third parties and/or for third parties, an employment relationship of any kind
enter into or employ directly or indirectly, except with the prior written consent of
TFA.
2. In case of violation of paragraph 1 of this article, the client is liable to pay TFA an immediately payable fine
owed in the amount of six gross monthly salaries of the candidate in question, without prejudice to the
possibility offered by law to seek damages and/or fulfillment of the injunction.
Art. 12 Applicable law and competent court
1. The legal relationship between TFA and the client is governed by Dutch law. The
Dutch court shall have jurisdiction to hear/adjudicate disputes between TFA and the
client, arising out of or related to the search or any other
legal relationship between TFA and the client.