General Terms and Conditions
Article 1 Definitions
In these General Terms and Conditions shall be understood to mean:
Voort BV: registered with the Chamber of Commerce in Utrecht, Chamber of Commerce number 30.14.59.06;
Client: the natural or legal person to whom an offer has been extended by Voort, to whom staff is made available through Voort, and/or with whom Voort concludes an agreement;
Candidate: any person who, whether or not in the practise of a profession or business, registers and/or applies at Voort and/or enters into a contract with Voort, in order to be posted and/or intermediated;
Recruitment or mediation: the mediation by Voort between Client and Candidate with the purpose to have parties enter into an employment contract.
Secondment: the hiring of a Candidate of Voort by the Client for a fixed period or for the duration of a project against previously agreed terms.
Article 2 Applicability
These general conditions apply to all offers and agreements made by Voort. These general conditions will be provided simultaneously with the offer to the Client.
The applicability of own General Terms and Conditions of Client(s) is excluded.
Any provisions, deviating from or complementary to these general terms and conditions are only valid if they have been agreed upon beforehand in writing with Voort.
The deviations and/or additions agreed upon in writing as referred to in paragraph 3 of this Article, shall be deemed to have been agreed upon only for the contract to which they relate. For every new or successive contract, deviation from these general terms and conditions must again be agreed upon in writing.
Artikel 3 Secondment
Each assignment for secondment will be confirmed by a written agreement (indicating the applicability of these conditions) to the Client.
The Principal owes Voort the client rate, if a
Candidate – proposed by Voort to Client, or an affiliated enterprise, enters the service of or is otherwise, directly or indirectly, either through third parties or on their own account, employed by Client or its affiliates.
The hourly rates for the provision of staff by Voort are excl. VAT, but incl. employer’s contributions, unless otherwise agreed. Client shall provide Voort with full information concerning the remuneration usually applied by the Client. If Voort is being fined for submitting false information of this remuneration by Client, the cost of the fine shall be paid in full by Client (including any consequential damages for Voort).
Fee statements are only made based on the rates, wages, bonuses, taxes, employer contributions, reservations, and agency margin, applicable at the time of submitting those statements.
Unless Client, before the start of the contract or within eight days after sending the contract, has lodged a written objection, the contract is deemed to reflect the agreements correctly and completely.
Client is not permitted to disclose any details of the candidates introduced by Voort to third parties prior written consent of Voort . In case of violation of this Article, Voort may immediately demand a fine of € 12.000,- in addition to the claim for full compensation by Client.
For the progress of the project or the contract, progress reports are maintained weekly by employees. The Client is obliged to ensure that the amount of hours worked, overtime and leave hours are filled in correctly and clearly, and signs the report for approval. Client is responsible for the signing authority of its staff and he accepts responsibility for signing the reports.
Invoicing is based on subsequent calculation of hours worked. Periodic invoices of Voort are made using the progress reports signed by the Client. Expenses to be incurred by employees of Voort and which are not specified in the agreement shall be borne by the Client.
Activities, to be carried out in connection of an assignment or project on the site of Client or on the site of his Client, will take place under the responsibility, leadership and supervision of Client, unless otherwise agreed in writing. With regard to the personnel employed by Voort, the rule is that the Client is responsible for compliance with the legal requirements regarding safety and working conditions, in so far as the activities take place on the site of the Client (or its Client).
The liability of Voort is in any case limited to the amount paid in the relevant case by the insurer of Voort, or to the amount for which an entrepreneur, with a business similar to that of Voort, usually takes out insurance. The damage to be reimbursed by Voort will never exceed the amount invoiced for the assignment.
For damages, which the liability insurance taken out by Voort does not cover, Voort may never be held liable.
Client is obliged to give Voort the opportunity and to give him full cooperation to implement or bring about the agreed assignment. In the absence of such cooperation, Voort will be relieved of the obligations under this agreement.
Client shall indemnify Voort against any claims by third parties relating to the assignment, for whatever reason.
Both parties are allowed to terminate the agreement immediately prematurely, in case either Party is in a state of bankruptcy or suspension of payment. In this case, settlement will be based on the phase of the assignment and the costs incurred.
Voort is entitled to intermediately include in the tariff, fully or proportionally, one or more of the cost increases below: change as a result of government action or other binding rules on remuneration and employment conditions of the staff deployed, changes in social security contributions and premiums, changes in the tax legislation, the introduction of a generally binding regulation of new charges or premiums or changes to the employer’s share therein.
In case of illness for less than eight weeks of staff deployed by Voort, she is not obliged to arrange for replacement of staff. In case of illness for more than eight weeks, Client and Voort shall consult each other on the replacement of the staff deployed. Voort hereby has an obligation to perform.
Voort is responsible for the payment of wages of the staff deployed and for the payment of the payable wage tax and premiums employee/national insurance and indemnifies Client against any claims by the relevant implementing agencies of the social security legislation, which could be invoked in connection therewith.
The Client is entitled to enter into an employment relationship with a posted employee, subject to the following conditions set out in this Article.
The Client who intends to enter into an employment relationship with the employee, shall inform Voort in time thereof in writing, before he gives effect to this intention.
The Client will not enter into an employment relationship with an employee as long as the agreement between the employee and Voort has not been legally terminated.
If the Client, in accordance with the foregoing provisions of this article, enters into an employment relationship with an employee, who is made available to him on the basis of a contract for an indefinite period, before that employee – on the basis of that assignment – has worked 1700 hours, the Client owes Voort a fee amounting to 25% of the most recently applicable client rate over 1700 hours minus – on the basis of the contract – the hours already worked by that employee, subject to the right of Voort to claim another (at that time) reasonable compensation instead.
If the Client enters into an employment relationship with an employee, who is made available to him on the basis of a contract for a definite period, the Client shall owe a fee amounting to 25% of the most recently applicable client rate (calculated on the agreed or usual hours and extra hours/overtime for the remaining term of the contract, or – in case of a contract which may be terminated prematurely – on the unobserved notice period, provided that Client is always due at least the mentioned compensation in 3.21.
If the Client enters into an employment relationship with the employee within three months after his secondment (regardless of whether this was based on a contract for a definite or indefinite period of time) at the client has been terminated, he shall be liable for payment of the compensation referred to in 3.21. This shall apply both in the event that the Client has approached employee for this purpose
– directly or through third parties – as when the employee – directly or through third parties – has applied for a job at the Client.
If a (potential) Client, initially through Voort, has come into contact with an (prospective) employee, for example by being introduced to him by Voort, and that (potential) Client, within six months after the contact was established, enters into an employment relationship with that (candidate -) employee without the secondment being realized, that (potential) Client shall be liable for payment of a fee of 25% of the client rate that would have been applicable to the employee concerned if the secondment would have been realized, over 1700 hours.
For the purposes of this article, entering into an employment relationship with an employee is defined as:
Entering into an employment contract, an agreement for contracting of work and/or an assignment agreement by the Client with the employee for the same or different work;
The appointment of the employee as an official for the same or different work;
Having the relevant employee made available to the Client by a third party (e.g. another secondment company ) for the same or different work;
Entering into an employment relationship by the employee with a third party for the same or other work, whereby the Client and that third party are affiliated or whether one is a subsidiary of the other.
Client is forbidden to employ an employee, made available to him, outside the Netherlands, without the prior written consent of Voort or to otherwise obligate or urge him, in connection with the work, to go to a place outside the Netherlands. The Client must have the employee returned to the Netherlands immediately, as soon as Voort withdraws its consent to the Client.
Article 4 Recruitment & Selection
In case of a successful execution of an order for Recruitment and Selection, Voort will charge
a fee, to be calculated as follows: 22% of the gross annual salary (including 13th month and holiday pay) with a lower limit of the annual salary of €41,000, -. This fee, plus VAT will be invoiced in two equal installments. The first installment will be invoiced at the date of enlistment. The second term will be invoiced on the first day after expiry of the legal probationary period.
The calculation of the fee is based on the gross annual salary (incl. 13th month and holiday pay) that the selected Candidate will earn after entering the service of Client. If the salary structure provides benefits in the form of bonuses, then further arrangements will be made between the Client and Voort, in order to include these benefits in the calculating of the remuneration. The calculation of the fee of a part-time position is based on a gross annual salary, in case it would be a full time position.
If the Candidate, selected by Voort, is no longer employed by the Client within one month after entering into service, only the first part of the fee, which was invoiced on the day of employment, must be met.
The applicant is deemed to be selected, after his/her Curriculum Vitae or Resumé was sent to the client, or if the candidate was introduced orally by Voort. If candidate has been introduced to/selected by the Client and was initially rejected by Client, or initially declined the offer for employment with the Client himself and is employed by Client within six months from the date of introduction, in whatever capacity, Client shall be liable for payment of the full amount of the fee arising from these services and it is up to the Client to prove that candidate was not recruited.
If Client withdraws a written offer of employment without this being attributable to the applicant and after candidate has already accepted the offer, Client must pay the normal fee for mediation. If Client employs an additional candidate from the candidates nominated by Voort, for this mediation the usual fee will be charged.
An assignment to recruit staff shall be considered a commitment. Client remains responsible for the decision to enter into an employment contract with a candidate, nominated by Voort. For deficiencies of or damage caused by nominated candidates, Voort accepts no liability.
Warranties or value judgments about a nominated candidate will not be given by Voort, neither explicitly nor implicitly. Voort does not accept any liability, nor for not
carrying out or not complying with the conditions of employment by employee or for the occurrence of loss, damage or delay arising out of the nomination of the candidate or his employment with the Client.
Article 5 All agreements
Payments will be made within fourteen days after the invoice date.
Any objections must be submitted in writing motivated by Voort within eight days after the invoice date. After this period, Client shall be deemed to have accepted its payment obligation.
In case of exceeding the payment, Client owes Voort a default interest of 1.5% per month, calculated from exceeding the payment deadline until the date of full payment. Client is obliged to pay to Voort 15% of the outstanding invoice amount, in addition to any costs of legal proceedings, because of (extra) judicial collection expenses.
If Client has not, not timely or only partially fulfilled its payment obligations or any other provision of the agreement, and if Client gets seized his goods, applies for a moratorium or if its bankruptcy is applied for, the total amount owed to Voort – regardless of previous agreements relating to the payment term – shall immediately be due and payable. In these cases, Client will be in default without notice.
Voort shall always be entitled, before making staff available, or continuing with a secondment which has already been started, to demand adequate security for the fulfillment of the payment obligations of Client.
Where the requested security has not been provided or has not been provided in a satisfactory manner, Voort has the right to dissolve the agreement without judicial intervention in full or in part, without prejudice to the right of payment, then accruing to Voort, of that which is payable upon termination of the agreement because of staff already provided and/or costs incurred.
On all disputes arising from the agreements concluded between Voort and Client(s) and the present General Terms and Conditions attached, or those related thereto in full or in part, Dutch law applies. They are settled by a competent court.