Terms&Conditions - Pilotrecruitment.com

Terms & Conditions

This document contains the text of the General Terms and Conditions for Recruitment and Selection as used by Pilotrecruitment.com, located in Amsterdam, The Netherlands, registered with the Chamber of Commerce (Kamer van Koophandel, KvK) under XXXXXXXX

Article 1: Definitions

In these General Terms and Conditions, the following definitions apply:

Client	The natural or legal person with whom Pilotrecruitment.com enters into the assignment.
Assignment	An assignment given by the client to Pilotrecruitment.com for recruiting and selecting candidates for the position indicated by the client, with the aim of establishing a direct employment agreement between the candidate and the client.
Assignment Confirmation	The document sent by Pilotrecruitment.com to the client, by which the assignment is established. The assignment confirmation includes at least a description of the procedure to be followed, the fees, expenses, and the payment method.
Candidate	The individual involved in the recruitment and selection activities of Pilotrecruitment.com on behalf of the client.
Presentation	The act of Pilotrecruitment.com presenting a candidate’s resume or information to the client for identification purposes.
Placement	The moment the client agrees on an employment relationship of any kind with the candidate presented by Pilotrecruitment.com as part of an assignment or introduction.
Employment Agreement	As defined by the Civil Code.
Employment Relationship between Client and Candidate	An employment contract and/or a contract for services and/or work between the candidate and the client, or an official appointment of the candidate by the client, or the hiring of the candidate by the client through a third party other than through PILOTRECRUITMENT.COM
Offer	All legal acts aimed at establishing assignments or other (framework) agreements, including proposals, quotes, and price offers.
Appointment	The entering into an employment agreement, contract for services, or assignment agreement by the client with the candidate, or the provision of the candidate to the client by a third party.
Fee	The fee owed by the client to Pilotrecruitment.com.
Gross Monthly Salary	The agreed monthly salary, including holiday allowance, 13th month, and other fixed emoluments.
Annual Income	All fixed agreed taxable income components and net representation costs.
Pilotrecruitment.com:	The intermediary between the client and the candidate, located in Amsterdam.

Article 2: Applicability of General Terms and Conditions for Recruitment & Selection

These General Terms and Conditions apply to all assignments, introductions, offers, and agreements regarding the recruitment and selection of employees by Pilotrecruitment.com for the client. Any purchase or other terms of the client are not applicable and are expressly rejected. Deviating terms only form part of an agreement between Pilotrecruitment.com and a client if such terms have been expressly accepted in writing by Pilotrecruitment.com. All introductions, agreements, offers, or actions by the contractor under these conditions are subject to Dutch law, regardless of whether the client and/or candidate is established or residing abroad.

Article 3: Assignment

These General Terms and Conditions are deemed to be accepted by the client at the moment an Assignment Confirmation is signed by the client, the candidate is presented or appointed, or when the client passes on information about the candidate to third parties.
Pilotrecruitment.com prepares a written assignment confirmation for each assignment and strives to comply with these agreements. The assignment confirmation describes the terms under which Pilotrecruitment.com presents the relevant candidate.
Pilotrecruitment.com may also independently, without an assignment or request from the client, offer potentially suitable candidates to the client for (possible) vacancies. This so-called introduction is defined in these terms as the non-binding introduction of a candidate by Pilotrecruitment.com to the client without the client having given Pilotrecruitment.com an assignment. The introduction is made through a ‘proposal letter’.
Pilotrecruitment.com is entitled to use the client’s trade name and logo/brand free of charge when recruiting candidates for the client.
A placement occurs when the client agrees on an employment relationship of any kind with the candidate presented by Pilotrecruitment.com as part of an assignment or introduction.
Pilotrecruitment.com may use third parties in the execution of an assignment.

Article 4: Client’s Obligations: Information Provision and Carefulness

Pilotrecruitment.com relies on the information provided by the client about the desired profiles, work experience, and education requirements in the execution of the assignment. Pilotrecruitment.com assumes that this information is accurate and is provided timely by the client.
The client is obliged to provide Pilotrecruitment.com with all relevant information that may affect the service, including but not limited to organizational changes, changes in location, and changes in personnel.
Pilotrecruitment.com assumes that the client will cooperate and allocate time for interviews and assessments with candidates and provide meeting rooms.
The client treats all information regarding candidates confidentially and will not use this information without the candidate’s and/or Pilotrecruitment.com’s consent.
The client is obliged to handle the candidate presented by Pilotrecruitment.com and the information provided with this presentation correctly and carefully. This also means that the client is required to report to Pilotrecruitment.com within five working days after the (introductory) interview and assessments.

Article 5: Force Majeure

The contractor is not obliged to fulfill any obligation if it is prevented from doing so due to a circumstance that is not attributable to its fault or for its risk.
In these General Terms and Conditions, force majeure is understood, in addition to what is understood in law and jurisprudence, as all external causes, foreseen or unforeseen, over which the contractor cannot exert influence but which prevent the contractor from fulfilling its obligations. This includes strikes in the contractor’s company.
The contractor is also entitled to invoke force majeure if the circumstance preventing (further) fulfillment occurs after the contractor should have fulfilled its obligation.
The parties may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the agreement without any obligation to compensate for damages to the other party.

Article 6: Non-Binding Proposal for the Client and Agreement

The contractor proposes candidates to clients (organizations) entirely non-binding and on a ‘no cure no pay’ basis, without disclosing personal details. By accepting the proposal of a candidate, the client declares and acknowledges that the introduction to the candidate and any subsequent candidates takes place in accordance with all conditions and terms as described in these General Terms and Conditions. Upon receipt by the contractor of the client’s acceptance, an agreement exists between the client and the contractor.
The client is allowed to conduct introductory interviews with and assessments of the presented candidate free of charge. The contractor is only entitled to charge a placement fee when the client enters into an employment agreement with a candidate presented by the contractor, in accordance with Article 8 of these General Terms and Conditions.
Pilotrecruitment.com determines, based on the information provided by the client and the known qualities, knowledge, and skills of the candidates, which candidates it proposes to the client. The client is entitled to reject the proposed candidate. The client will provide a written explanation of any rejection upon request. The choice of which candidate is hired is made by the client.
These General Terms and Conditions are deemed accepted by the client at the moment the candidate is presented, invited for an interview, or appointed, or when the client passes on information about the candidate to third parties.

Article 7: Liability

The client is responsible for the final choice of a candidate.
The client is obliged to form an independent judgment on the suitability of the candidate before entering into an employment agreement. Pilotrecruitment.com will exercise all due care before and during the selection process, but this does not release the client from its duty to investigate. Pilotrecruitment.com therefore accepts no liability if the candidate does not meet expectations, or if the client enters into an employment agreement with the candidate based on incorrect or incomplete information.
Pilotrecruitment.com is not liable if the candidate does not meet the client’s requirements or expectations.
Pilotrecruitment.com is in no way liable for any damage (direct or indirect, and in any form) and losses that the client or third parties may suffer due to negligent or incorrect actions of a candidate during the selection process or after entering into an employment agreement with the candidate.
Pilotrecruitment.com is also not liable for any damages suffered by the client, in the broadest sense, if a candidate proposed by Pilotrecruitment.com decides not to enter into an employment relationship with the client or decides to terminate an existing employment relationship (prematurely).
The client indemnifies Pilotrecruitment.com against all claims from third parties directly, indirectly, or tangentially related to the mediation of Pilotrecruitment.com.
In other cases, any liability is limited to the direct damage of the client up to a maximum of €5000. Liability for indirect damage, such as delay damage or business interruption, image damage, lost profits, missed savings, or incurred losses on the part of the client or third parties, is in all cases excluded.

Article 8: Notification, Placement Fee, and Costs

The client must immediately notify Pilotrecruitment.com of the appointment (placement) of the candidate and send Pilotrecruitment.com a copy of the employment agreement signed by the client and the candidate within 7 days of the appointment. If the client does not provide timely, sufficient, or accurate information, Pilotrecruitment.com is entitled to estimate the gross annual salary and start date and invoice based on that estimate.
The client and the candidate decide whether and, if so, under what conditions they wish to enter into and maintain an employment relationship.
All candidates who have gone through Pilotrecruitment.com’s selection process are considered candidates of Pilotrecruitment.com.
The client owes the fee upon the appointment of the candidate, at which time Pilotrecruitment.com will invoice the client.
For each placement, the client owes Pilotrecruitment.com a fee as specified in the assignment confirmation or proposal letter. A placement occurs as soon as an employment agreement is established between the client and the candidate or, if the employment contract is not signed in a timely manner, in the first week of the appointment of the selected candidate.
A placement fee is also owed after placement of a candidate proposed by Pilotrecruitment.com that is already known to the client through other means, such as, but not limited to, a direct application by the candidate..
The potential client also owes the fee specified in the previous clause if the candidate is initially rejected by the client but enters into an employment relationship of any kind, for the same or another position, within 12 months after the end of an assignment or within 12 months after the introduction of a candidate proposed by Pilotrecruitment.com.
All prices are in Euros and excluding VAT.
The client owes Pilotrecruitment.com the rate specified in the assignment confirmation for the recruitment and selection aimed at an employment relationship between the client and the candidate. If no rate is specified in the assignment confirmation, the client owes the fee specified in the offer or proposal letter from Pilotrecruitment.com. The placement fee is a percentage of the actual gross annual salary (including holiday pay, 13th month, and other fixed emoluments. The gross annual salary also includes 100% of the maximum achievable commission and bonus) based on the actual number of hours of the employment agreement between the client and the candidate.
Recruitment costs will be invoiced separately by Pilotrecruitment.com to the client and are therefore not part of the fee. The amount of the recruitment costs will be stated in the assignment confirmation. Other costs such as travel and/or accommodation costs of the candidate, incurred in connection with the selection process, will be applied in consultation with the client and invoiced separately.
The client does not owe the fee if Pilotrecruitment.com has not succeeded in selecting a suitable candidate. Recruitment costs and the additional costs referred to in clause 9 are always owed.

Article 9: Invoices

The client is required to pay each invoice from Pilotrecruitment.com within 14 calendar days of the invoice date. The invoice is considered paid once the amount owed has been received by Pilotrecruitment.com.
If an invoice is not paid within the period specified in clause 1, the client is in default from the first day after the payment term expires and owes interest of 1% per calendar month on the outstanding amount, with a part of a month being considered a full month. The duplicate or copy of the invoice sent by Pilotrecruitment.com to the client serves as full proof of the owed interest and the day on which the interest calculation begins.
The client is not entitled to set off the invoice amount, whether disputed or not, against an alleged counterclaim and/or suspend payment of the invoice.
All judicial and extrajudicial (collection) costs incurred by Pilotrecruitment.com as a result of the client’s failure to comply with its obligations under this article are entirely borne by the client. The compensation for extrajudicial costs is fixed at 15% of the principal sum including VAT and interest (with a minimum of EUR 250 per claim), unless Pilotrecruitment.com can prove that it has incurred higher costs. The fixed compensation will always be due by the client as soon as it is in default and will be invoiced without further proof.
If multiple candidates from a preselection are employed by a client, the client is required to pay the full fee for each hired candidate.
Complaints regarding the declared placement fee must be made known to the contractor in writing by registered mail within 8 days of the invoice date, failing which any claim will expire.

Article 10: Guarantee Scheme

Notwithstanding the provisions in Article 8, Pilotrecruitment.com will, if the candidate voluntarily terminates the employment relationship within the first 2 months of the employment relationship, or if it is demonstrably shown within this period that the candidate is unsuitable for the intended position, endeavor to recruit and select a replacement candidate without the client owing an additional fee. This scheme does not apply in the event of a reorganization within the organization, illness, a poor onboarding process, and/or a change in the position (responsibilities, tasks, and/or location). Recruitment costs and the additional costs referred to in Article 8 are still owed. In all other cases where the employment relationship ends during or after the probationary period, the client remains fully liable for the fee specified in Article 8.

Article 11: Prevention of Discrimination

The client and Pilotrecruitment.com will only set and consider relevant requirements for the position when entering into and executing the assignment or other agreement.

Article 12: Confidentiality

The parties must handle information they know or should understand to be of a confidential nature confidentially, except as required by law or a court order. Confidential information at least includes the information provided in the context of the agreement, including but not limited to rates and (personal) data of candidates.
The parties also impose the obligation of confidentiality on employees involved in the execution of the agreement and on third parties engaged by the parties.

Article 13: Privacy

Personal data, especially of candidates, are regularly exchanged within the context of the assignment. The client and Pilotrecruitment.com are required to treat these data confidentially in accordance with the Personal Data Protection Act (WBP) and related laws and regulations. The client does not request data from Pilotrecruitment.com that Pilotrecruitment.com is not allowed to provide under applicable laws and regulations. The client is responsible for the further processing of the data provided to them by Pilotrecruitment.com.
The client is not allowed to use or otherwise share assessment reports of candidates with third parties without the prior written consent of the candidates and Pilotrecruitment.com. If the client does not enter into an agreement with the candidate, the client must destroy the information about the candidate.
The client indemnifies Pilotrecruitment.com against any claims from candidates or other third parties in connection with a breach by the client of the provisions in this article and compensates the related costs incurred by Pilotrecruitment.com.

Article 14: Intellectual Property

The proposals, plans, databases, methods, assessments, and tests used by Pilotrecruitment.com in the context of the agreement remain the property of Pilotrecruitment.com or its licensors.
The client is not allowed to publish, reproduce, or otherwise use the items mentioned in the previous clause without the prior written consent of Pilotrecruitment.com, nor use these items for any purpose other than necessary for the execution of the agreement.
Pilotrecruitment.com declares that, to the best of its knowledge, the items and their use in the context of the assignment by the client do not infringe on any intellectual property rights in the Netherlands.

Article 15: Applicable Law and Disputes

Pilotrecruitment.com will, of course, with due observance of all the foregoing, fully endeavor to serve clients and candidates to the best of its ability. All disputes arising from or related to the assignment can only be submitted for resolution to the competent court in Amsterdam. All agreements, offers, or actions by Pilotrecruitment.com under these conditions are subject to Dutch law, regardless of whether the client and/or candidate is established or residing abroad. Pilotrecruitment.com reserves the right to amend these general terms and conditions. Changes will only take effect once Pilotrecruitment.com has notified the client.