Terms and Conditions

1. General

These general terms and conditions apply to the agreement between the Client and RD Recruitment B.V. (‘RD’).
These general terms and conditions also apply to the employees and management of the Client.
The applicability of any purchasing or other terms and conditions of the Client is explicitly rejected.
If one or more provisions of these general terms and conditions are nullified or deemed invalid at any time, the remaining provisions will remain fully applicable. In such cases, the Client and RD will consult to agree on new provisions to replace the invalid or nullified ones, ensuring the purpose and intent of the original provisions are maintained as much as possible.
If there is any uncertainty about the interpretation of one or more provisions of these general terms and conditions, interpretation should align with the intent of these provisions.
If a situation arises between the parties that is not covered by these general terms and conditions, it should be assessed in accordance with the intent of these terms and conditions.
If RD does not always demand strict compliance with these terms, this does not imply that the provisions are not applicable or that RD waives its right to demand strict compliance with the provisions in other instances.

2. Agreement

The agreement between the Client and RD is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or the parties explicitly and in writing agree otherwise.
Obligations included in the agreement that, by their nature, are intended to continue after the termination of this agreement (such as obligations regarding fees for candidates introduced during the term of this agreement, confidentiality, etc.) will remain in effect.
The Client has the right to have certain tasks performed by third parties. The applicability of Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code is explicitly excluded.
The Client is responsible for ensuring that all information, which the Client indicates is necessary or which the Client should reasonably understand is necessary for the execution of the agreement, is provided to RD in a timely manner. If the information required for the execution of the agreement is not provided to RD on time, RD reserves the right to suspend the execution of the agreement. The execution period will not commence until the Client has made the necessary information available to RD. RD is not liable for any damages, of any kind, caused by RD relying on incorrect and/or incomplete information provided by the Client.
If during the execution of the agreement it becomes apparent that changes or additions are necessary for proper execution, the parties will timely and mutually agree to amend the agreement. If the nature, scope, or content of the agreement is altered, whether at the request or direction of the Client, authorized authorities, or otherwise, and this results in a qualitative and/or quantitative modification of the agreement, this may have consequences for the terms originally agreed upon.

3. Suspension, termination, and early termination of the agreement

However, either party may terminate the agreement at any time, subject to a one-month written notice period.
In the event of liquidation, (application for) suspension of payments or bankruptcy, attachment – provided the attachment is not lifted within three months – against the Client, debt restructuring, or any other circumstance that prevents the Client from freely disposing of their assets, RD is entitled to immediately terminate the agreement without any obligation on its part to pay any compensation or damages. In such cases, all claims by RD against the Client become immediately due and payable.

4. Force majeur

RD is not obligated to fulfill any obligation towards the Client if it is hindered from doing so as a result of circumstances that are not attributable to its fault and are not for its account under the law, a legal act, or generally accepted principles.

5. Payment and collection costs

Payment must always be made within 30 days of the invoice date, in a manner specified by RD and in the currency in which the invoice is issued, unless otherwise agreed in writing by RD.
If the Client fails to fulfill their obligations (in a timely manner), all reasonable costs incurred to obtain payment out of court will be borne by the Client. The Client’s default will commence after they have been reminded to make payment within fourteen days from the date of the reminder, and payment has not been made. The reminder will also specify the consequences of failing to pay. The out-of-court collection costs will be calculated based on the practices customary in the Dutch collection industry. However, if RD has incurred higher collection costs that were reasonably necessary, and the Client is not a natural person acting outside the scope of a profession or business (business client), the actual costs incurred will be eligible for reimbursement. Any judicial and enforcement costs incurred will also be recovered from the Client.

6. Warranties and liability

RD will base its assignments, such as presenting profiles of candidate interns or employees, on the criteria established by the Client. However, RD does not in any way guarantee the quality of the individuals it recommends. Therefore, the Client cannot hold RD accountable or liable for the actions of individuals who, after mediation or similar involvement by RD, are active as interns, analysts, or in any other capacity for the Client.
If the Client enters into an employment agreement with a candidate introduced by RD, the Client is obligated to fulfill all employer responsibilities regarding their employee. The Client can never hold RD liable for any employer obligations concerning a person recommended by RD.

7. Exclusivity

RD is free to approach employees who are directly or indirectly employed by the Client for other positions. RD’s internal policy states that employees with an employment relationship with the Client will not be approached for other positions as long as they remain within the same job scale for which recruitment is conducted in accordance with the Agreement. An exception may be made by RD if an employee associated with the Client independently contacts RD and indicates their intention to leave the Client.

8. Miscellaneous

Confidentiality

Any information provided by one party to the other as a result of this agreement shall be treated by the recipient as personal and confidential. It shall not be sold, traded, published, or otherwise disclosed to third parties without the prior consent of the party that provided the information.

Non-enforceable provisions

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be interpreted as if such invalid or unenforceable provision had not been included. In such a case, the invalid or unenforceable provision will be deemed replaced by a provision that most closely aligns with the intent of the Parties regarding the original provision.

9. Intellectual property

RD reserves the rights and powers granted to it under the Copyright Act and other intellectual property laws and regulations.

10. Applicable law and disputes

All legal relationships to which RD is a party are exclusively governed by Dutch law, even if an obligation is performed wholly or partially abroad or if the party involved in the legal relationship is domiciled abroad. The applicability of the Vienna Convention on the International Sale of Goods is excluded.
The parties shall only appeal to the court after they have made every effort to resolve a dispute through mutual consultation.

11. Location and modification of terms and conditions

These terms and conditions are filed with the Chamber of Commerce in Amsterdam.
The most recently filed version or the version that was in effect at the time the legal relationship with RD was established shall apply.
The Dutch text of the general terms and conditions shall always be decisive for their interpretation.