Article 1. Definitions
1.1. The following terms, which can be found throughout this document, are used in the following sense unless explicitly stated otherwise.
a. TRP: Tech Rise People B.V., registered with the Chamber of Commerce under number 73774073, engaging in sourcing, recruiting, and proposing candidates for vacancies, as well as mediating the commencement and conclusion of Employment Agreements;
b. Client:
with the Chamber of Commerce number:
the legal entity that has appointed TRP to execute the aforementioned work on their behalf, and/or to which TRP introduces one or more Candidates;
c. Candidate: a natural person sourced, recruited, and presented to the Client by TRP;
d. Employment Agreement: any agreement based on which the Candidate performs paid work for the Client;
e. Annual Salary: the Candidate’s gross annual salary plus benefits; limited to base salary plus holiday allowance and any commissions and/or bonuses;
f. Fee: the amount charged to the Client by TRP in exchange for the services provided.
Article 2. General
2.1. These Terms and Conditions apply to every offer and every quotation of TRP, to all agreements between TRP and the Client, and to all work TRP performs on behalf of the Client.
Article 3. Exclusivity
3.1. The parties agree on exclusivity for the first 2 months of the recruitment and selection assignments per permanent or temporary positions to be filled. Candidates who are sourced directly by the Client, or Candidates who approach the Client directly, are not subject to this clause.
Article 4. Candidate Information and Introduction
4.1. Without TRP’s permission, the Client is not allowed to introduce, or in any way pass on information about Candidates to third parties. In the context of this agreement, third parties also include companies affiliated with the Client.
4.2. If the Client Fails to comply with Article 4.1, the same fee as if an Employment Agreement had been signed between the Client and the Candidate is immediately due and payable.
4.3. A Candidate is considered introduced to the Client at the exact moment when information about said Candidate has been passed on from any employee of TRP to any employee of the Client.
4.4. Successful fulfilment of a recruitment assignment also includes the case when a Candidate who has been introduced to the Client by TRP enters into an Employment Agreement with the Client within 12 months after the introduction. In this instance, the fee detailed in Article 7.1 is immediately due and payable.
Article 5. Non-Solicitation
5.1. The Client is not allowed to hire or have any financial relationship with TRP employees during the span of this agreement and for a period of 12 months after this agreement is dissolved.
5.2. TRP is not allowed to approach the employees of the Client during the span of this agreement and for a period of 12 months after this agreement is dissolved.
5.3. If either TRP or the Client fail to comply with Article 5.1 or 5.2, the breaching party shall owe an immediately due-and-payable penalty of €15,000 to the other party.
Article 6. Conclusion of the Employment Agreement
6.1. The Client will share the contents of the signed Employment Agreement with TRP within 4 weeks of the commencement date of said agreement.
6.2. If the Client does not share with TRP the Annual Salary of the Candidate within the period mentioned in Article 6.1, the fee owed to TRP by the Client will then amount to 30% of the Annual Salary that the Candidate can reasonably be expected to receive.
Article 7. Compensation
7.1. The fee that the Client owes TRP for successfully carrying out the recruitment assignment(s) amounts to 25% of the Candidate’s Annual Salary.
7.2. At the start of the assignment by TRP, a retainer fee of €2,500 will be charged, which will be deducted from the overall fee.
7.3. If the Employment Agreement has a term shorter than 12 months, the fee will be calculated as if the Candidate were to enter into an Employment Agreement with the Client for 12 months on a full-time, 40 hours per week, basis.
7.4. VAT will be charged in accordance with the local legislation of the invoicing entity.
Article 8. Payment
8.1. The Client agrees to pay the invoices received from TRP within 21 calendar days of the invoice date.
8.2. Invoicing takes place at the moment the Employment Agreement between the Client and Candidate is signed.
8.3. If the Client has not paid the invoice within the payment term of 21 calendar days, TRP is allowed to send the Client a notice of default in writing via physical or electronic mail. If the Client does not respond to this notice of default, the Client is in default and the Client will be charged the statutory commercial interest in accordance with Article 6:119a of the Dutch Civil Code.
8.4. The Client is entitled to a 1% discount on the invoiced amount, provided that payment is made in full within a period of 48 hours after receiving the invoice. Payments made after this period will not be eligible for this discount.
8.5. If the Client opts into a direct debit agreement, they qualify for a 1.5% discount on the invoiced amount. Upon receipt of the invoice, the transaction will be processed automatically within 48 hours.
8.6. If the Client reverts the direct debit transaction, they waive the discount mentioned in Article 8.5 pertaining to that specific transaction, and they will be charged an administrative fee of 1% of the invoiced amount.
Article 9. Liability
9.1. TRP is only responsible for the introduction of a Candidate. TRP does not guarantee that the Candidate is suitable for the position. TRP cannot be held liable for the actions and/or omissions of the Candidate and/or if the Candidate turns out to be unsuitable.
Article 10. Guarantee Scheme
10.1. If, within 8 weeks of the commencement date, the Employment Agreement ends at the initiative of the Candidate or the Client, a guarantee scheme applies. Under this scheme, TRP will work on finding a replacement Candidate for the Client free of charge.
10.2. In order to make a claim under this guarantee scheme, the Client must inform TRP in writing within 2 weeks after the end of the Employment Agreement about the termination and the reason behind it.
10.3. This guarantee scheme does not apply if:
a. The termination of the Employment Agreement cannot be attributed to the qualities, acts, and/or omissions of the Candidate;
b. The Client did not pay the fee owed to TRP in accordance with Article 7.1 within 21 calendar days after the date of the invoice;
c. The Client does not provide a legitimate reason to terminate the Employment Agreement.
Article 11. Applicable Law and Competent Court
11.1. This document shall be interpreted and enforced in accordance with Dutch law.
11.2. Any disputes pertaining to these Terms and Conditions, the recruitment and selection assignment(s), and/or other legal acts to which TRP is a party, will be exclusively settled by the competent court in Amsterdam, with the explicit exclusion of any other judge.
