Terms & Conditions
1. All missions accepted by The House of Excellence BVBA (hereinafter, "The Company") shall be governed by the present General Terms and Conditions. Unless The Company expressly accepts the Client's conditions in writing, the present terms and conditions supersede all other terms and conditions in the event of a conflict.
2. Client shall pay The Company's fees under the payment terms mentioned in the specific conditions. All fees are calculated according to the rate in effect at The Company, plus VAT or equivalent taxes.
3. If the Candidate introduced by The Company is not hired by the Client or if he rejects the employment (or collaboration) offered by the Client, and if the Candidate is subsequently employed by (or collaborates with) the Client within a period of 18 months following the date of the first introduction of the résumé of the Candidate to the Client, then the Client shall pay fees to The Company as stipulated in paragraph 2 above.
4. If the Client introduces a Candidate selected for him by The Company to an other person or company, and if the Candidate is hired by (or collaborates with) said person or said company within a period of 18 months following the date of the first introduction of the résumé of the Candidate to the Client, then the Client shall pay the fees to The Company as stipulated in paragraph 2 above.
5. If, for a given mission, the Client decides to recruit (or to collaborate with) more than one of the Candidates introduced by The Company, instead of just the one contractually agreed upon, then the Client shall pay The Company fees for each of the Candidates thus hired as stipulated in paragraph 2 above.
6. The Client shall inform The Company of the hiring of any Candidate(s) in accordance with the present terms and conditions within 30 days and, specifically, of the terms and conditions of the employment contract agreed to by the Candidate(s) hired.
7. The Company places an advertising service at the Client's disposal and whose expenses shall be for the Client's account. Cancellation of an advertisement will be effective if The Company receives written notice from the Client before the closing date indicated on the Purchase Order. The Client shall pay advertising expenses within 30 days from invoice date.
8. The Candidate's transportation and other expenses incurred while going to an interview with the Client are for the Client's account.
9. If the Client or the initial Candidate cancels the employment contract during the warranty period starting from the signing date of the contract until 6 months after the starting date of the candidate, The Company will use its best efforts to find a replacement without any additional expenses for the Client (except for advertising expenses mutually agreed upon by the Company and the Client beforehand), under the express conditions that:
a) all sums due by the Client have been paid in accordance with the present general terms and conditions,
b) the Client has notified The Company in writing within seven days of termination that employment has been terminated,
c) the Client or one of its subsidiaries or an other company of the group has not hired the Candidate within a period of 12 months following the end of the contract.
d) the end of the contract is not a result of an economic lay-off or from a modification of the position (or of the function) exercised by the
Candidate or from a restructuring by the Client.
e) the position is identical.
f) moreover, if the Candidate’s salary is higher than the former one, The Company will invoice the difference to the Client.
10. The Client shall be responsible for all medical examinations and for all steps necessary in obtaining work permits or authorizations for the Candidate. Furthermore, the Client shall ensure that he is in perfect accordance with all employment legislation in effect.
11. The Company shall use its best efforts to ensure the aptitude of the Candidates introduced to the Client and to maintain a high quality of service and integrity, but it does not guarantee expressively or implicitly the aptitude of the Candidates introduced to the Client
12. The Company is not liable to the Client for any damage, loss, expenses, disputes or spending suffered or incurred by the Client in
connection with the recruiting or hiring of Candidates by the Client.
13. The Company shall use its best efforts to honour the agreement but refrains from a commitment to deliver the anticipated result.
14. All invoices that remain unpaid after the payment term, will be subjected to a compensation of 10% with a minimum amount of € 50 based on an annual interest of 10%.
15. Competence clause: any dispute arising in connection with the validity, interpretation, performance or termination of this contract shall fall exclusively within the competence of the Tribunal of Commerce of Brussels (in Belgium).
16. The Client will:
(a) comply, and procure that its employees comply with all applicable laws, rules and regulations relating to anti-bribery and corruption and commits that neither it nor any of them has or will offer, promise, give or agree to give any person, or accept or agree to accept from any person, whether for itself or on behalf of another, any gift, payment, consideration, facilitation payment, financial or non-financial advantage or benefit of any kind which is illegal or corrupt under the laws of any country (together a “bribe”), directly or indirectly in connection with this Agreement or any other agreement existing now or in the future with The House of Excellence BVBA; and
(b) promptly report to the Management of The House of Excellence BVBA any request, demand or offer for any bribe in connection with the performance of this Agreement; (the “Anti-Corruption Obligation”).
17. The Client shall immediately disclose in writing to the Management of The House of Excellence BVBA details of any breach of the Anti-Corruption Obligation. This is an ongoing obligation.
18. If the Candidate introduced by the Company is hired by the Client for a temporary employment contract (time & material or fixed price project), the Client shall not employ (or attempt to employ), directly or indirectly, the Candidate, engaged as an employee, consultant or subcontractor by the Company, during the period of the contract and for 12 months after its completion. Exception can only be obtained by payment of an indemnity equal to the hourly rate of the Candidate multiplied by 1840 hours. If the Client violates the non-hiring agreement, the Client shall immediately pay to the Company a penalty of EUR 50,000 per violation, to be increased with a penalty of EUR 1,000 for each day that the violation continues, without prejudice to all other rights that the Company might have (including but not limited to right to claim damages). In the event of an early termination of the contract with two weeks notice by the Company, the Client shall not claim any compensation from The House of Excellence.