Terms and Conditions of RS Lifestyle Recruitment VOF filed under number 59230932 at the Chamber of Commerce in Haarlem 

Terms and Conditions of the Franchise Organization RS Lifestyle Recruitment VOF

1. Definitions

These terms and conditions include: 

Conditions: new terms and conditions, they will be adjusted form time to time.
Consultant: the natural or legal person - in the mode of franchisee - trading under the name RS Lifestyle Recruitment activities performed on behalf of the Customer.
Candidate: the natural person who is concerned RetailSelect in its recruiting activities on behalf of the Client.
Assignment: activities mutually agreed between the Contractor and the Client.
Client: the natural or legal person at whose request and be carried on whose behalf recruitment activities or consultancy work.
Contractor: RS Lifestyle Recruitment Affiliate, which uses these Terms and Conditions.
RetailSelect: the general partnership (VOF) RS Lifestyle Recruitment, established (2042AG) Zandvoort Boulevard Paulus Loot 101, including Trading under the names RS Lifestyle Recruitment, RS Group, RS Recruitment and RetailSelect.

2. Applicability

2.1       These Terms and Conditions apply to all offers, quotations, contracts and agreements of RS Lifestyle Recruitment VOF or the RS Lifestyle Recruitment Franchisee (s) acting under the name RS Lifestyle Recruitment, RS Group, RS Recruitment and / or RetailSelect. The General Terms and Conditions also apply to any subsequent changes in and / or additions to the relevant agreements and to any agreements with RS Lifestyle Recruitment VOF or the RS Lifestyle Recruitment Franchisee (s) acting under the name RS Lifestyle Recruitment, RS Group, RS Recruitment and / or RetailSelect, for the execution of which third parties should be involved.
2.2       Deviations from these Terms and Conditions may only be made in writing and shall only apply to the specific agreements to which the deviations relate. The applicability of the terms and conditions of the Client, hereby expressly rejected, unless agreed in writing by the Contractor.
2.3       If the General Terms and Conditions are applicable, they shall also apply without further explanation to new agreements between both parties.
2.4       In the event of a conflict between provisions of the contract underlying the Contract and the General Terms and Conditions, the relevant provisions of the agreement shall prevail.

3. Offers & quotation

3.1       All offers and quotations (including prices) of RetailSelect, wherever published, are always free of charge unless the Contractor has explicitly stated otherwise. Contractor can revoke all offers and quotations within two business days after acceptance. All offers are based on the information provided by the Client at the intake / preparatory conversations.
3.2       If no quotation is given in the tender, these 30 days are valid.
3.3       Offers with a recurring character only bind for the time stipulated by the Contractor.

4. Prices & rates

4.1       All amounts stated by the Contractor are exclusive of VAT, unless expressly stated otherwise. They are             based on the price-determining factors at the time of the offer.
4.2       Unless explicitly stated otherwise, a percentage of gross annual salary including holiday pay, bonus, royalties, profit sharing and other emoluments that the Candidate will earn in the first year of service, unless the Candidate stops working for the client within one year.
4.3       The contractor is authorized to increase the agreed prices and tariffs on the basis of a subsequent increase in the price-determining factors, even if this increase was foreseeable. The Contractor is also entitled to invoice the amount of the increase as soon as it is known to the Contractor.
4.4       Advisory services are performed at hourly rate or at a fixed fee. 

5. Execution of the Mission / Method

5.1       RetailSelect takes into account: care of a good contractor in the performance of the agreed work. The Client is at all times responsible for the final choice of the candidate.
5.2       If a recruitment agreement has been explicitly agreed, the Candidate may be replaced. There will be no settlement in cash. Replace only Candidates for the function as agreed. Changes to function description will be considered as a new assignment.
5.3       The agreed work is considered successful if a candidate proposed by the Contractor is employed by the Client within twenty-four months after the candidate proposes, in what function.
5.4       If the Contractor is unable to meet due to circumstances unknown to him when the agreement was reached, the Contractor has the right to change the agreement in such a way that it is possible to implement it.
5.5       The Contractor has the right to suspend compliance with his obligations if, due to changes in circumstances that were reasonably unforeseen at the time of the conclusion of the agreement and outside his sphere of influence, he was temporarily prevented from fulfilling his obligations.
5.6       The extent to a proper execution of the Order requires this, the Contractor has the right to make certain work by third parties.
5.7       If the Contractor has performed inadequately, this will not result in a refund of the agreed price and / or tariffs. The Contractor or a Fellow Franchisee will re-execute the new Mission. 

6. Activities of the client

6.1       The Client reminds of activities that the Contractor may obstruct in the performance of the Mission or cross its activities.
6.2       If the Client already has a Candidate prior to the assignment, the Client will be notified. In due consultation, then, how and on what terms the Contractor can involve these candidates in the performance of the assignment.
6.3       The Client is obliged to immediately notify the Contractor if the Client deals with a Candidate with a contract of employment or other kind of contract, which is intended for the Client to perform activities for the Client.
6.4       The Client is not entitled to pass data on a Candidate to third parties. The Client undertakes to treat all documents confidentially.
6.5       It is the responsibility of the Client to obtain, if necessary, a work permit for the Candidate as well as for obtaining other items, such as: statutory permits, medical certificates and certificates relating to the Candidate. 

7. Time planning

7.1       Contractor notices about the time in which a Mission will be completed have at all times only an indicative character. The Contractor never provides any warranty and only makes an effort to fulfil the Assignment.

8. Information

8.1       The acceptance and execution of the Contract by the Contractor is based on the information provided by the Client. This information will in any case consist of a sufficiently detailed description of the nature and culture of the organization of the Client, job description, candidate profile, statement of reasons for recruiting a candidate, description of terms of employment and selection criteria. Client is obliged to provide the Contractor with all (further) information that may reasonably be relevant to the assignment.
8.2       In addition, the Contractor bases itself in the performance of the Assignment on the information provided by the Candidate and / or Referents. The contractor always assumes the accuracy of that information. 

9. Confidentiality / Protection of Personal Data

9.1       The Contractor undertakes to maintain confidentiality of all information that it receives from the Mission regarding the Person or Organization of the Client.
9.2       Contractor and Client are obliged to maintain confidentiality of all Candidates data and declare that they will comply with all laws and regulations in force at any time in respect of the collection and storage of personal data. 

10. Approach candidates

10.1     Contractor and / or RetailSelect will, during the term of a Mission and for a one year period after the end of the last assignment, will refrain from approaching Client Employees for recruitment and selection by a third party unless the initiative has been taken by the Employee himself and confirmed by the relevant employee.

11. Billing

11.1     RetailSelect will invoice the Client on behalf of the Contractor for the agreed fee and costs incurred on or about the date on which the Candidate entered into the (labor) agreement with the Client.
11.2     If the Client, or a(n) (in)direct group of the company, is still found a (labor) agreement with a candidate, after an initial rejection introduced by Contractor within the last 24 months, the client is obliged to pay the fully agreed fee to the Contractor RetailSelect who will charge this to the Client. Client must inform the Contractor and / or RetailSelect in writing if they have found a (labor)  agreement with the relevant candidate who has been introduced by RetailSelect within the last 24 months. 

12. Payment

12.1     Payment must be made within fourteen (14) days after the invoice date, without deduction or settlement.
12.2     If the payment period is exceeded, the Client is in default. In case of late payment, the Contractor and / or RetailSelect is entitled to charge € 25, - without requiring any notice or notice of default, from the expiration date of the invoice. If the Client does not pay in spite of summons, the Client owes, without further notice, all legal and extrajudicial costs incurred by the Contractor and / or RetailSelect.
12.3     If the Client is in default, the Contractor and RetailSelect retain the right to suspend or cancel upon agreed assignments.
12.4     If the Client is in default of payment by payment or with any other obligation from a contract, the Contractor is entitled to terminate all or partial termination of that agreement without judicial intervention, without prejudice to the right of the Contractor to claim damages.
12.5     Contractor and / or RetailSelect are entitled to send (monthly) share invoices for advisory services.
12.6     The Client must check the invoices promptly. Issues regarding (the amount of) the invoice must be notified to the Contractor and / or RetailSelect within 8 days of receipt of the invoice in writing or by e-mail. After the expiration of this term, the Client has processed (any) rights in this regard.

13. Unforeseen circumstances

13.1     The Contractor must inform the Client that there is an unforeseen circumstance as soon as it occurs. Under unforeseen circumstances, it is understood, among other things, that it is incorrect or incomplete of the information provided by the Client.

14. Interim termination / Cancellation

14.1     The Contractor and the Client have the right to terminate the Contract in the meantime, subject to a reasonable notice period. A notice must be given in writing and shall not be held liable for any damage suffered by the other party. Costs already incurred by the Contractor are to be reimbursed by the Client.
14.2     The Contractor may refuse a Contract or terminate the execution of the Contract if it conflicts with the generally applicable standards and values, in which event the Client will not be charged. A notice period of two weeks applies.
14.3     Each party has the right to terminate an immediate or partial term of office without delay, without requiring notice of termination without requiring a notice of default or judicial intervention and without the terminating party being liable for damages Are due:
A.        In case the other party fails to comply with any obligation arising from the contract underlying the Contract and this failure is not recovered by the first-mentioned party within four weeks after written notice thereof;
B.        In case the other party has applied for a surseance of payment, the other party has been declared bankrupt, declared liquidated or appointed by a trustee over its assets or part thereof;
C.        If the other party fails to comply properly or in due time with an obligation arising out of the agreement, despite this being given the opportunity and despite being invited to do so.
14.4     The Cancellation of a Mission must be done in writing. 

15. Liability

15.1     The Contractor's and / or RetailSelect liability is limited to the fee payable by the Contractor for the relevant Assignment, up to a maximum of 5,000 Euro. Contractor and / or RetailSelect is never liable for indirect / consequential damages suffered by the Client as a result of the Contractor's and / or RetailSelect failure, except insofar as the default is a consequence of intent or deliberate recklessness.
15.2     Any liability of the Contractor and / or RetailSelect is excluded if the damage is the result of the incorrect and / or incomplete information submitted by the Client or Candidate.
15.3     Contractor and / or RetailSelect shall never be liable for the loss suffered by the Client as a result of the operation, action and / or failure of Candidates who have been employed by the Client or otherwise perform work in accordance with the Client. Also, Contractor and / or RetailSelect shall never be liable for the consequences of incorrect or incomplete information provided to it by Candidate and / or Referents.
15.4     In the event that Contractor and / or RetailSelect are not liable for any reason whatsoever in the previous article members, and this liability is covered by the (professional liability) insurance, this liability is limited to the amount of the By the (occupational liability) insurance plus the own risk applicable to the Contractor or RetailSelect.
15.5     If the (occupational liability) insurer does not offer cover or does not cover payment, the liability of the Contractor and / or RetailSelect is limited to the amount of the nominal amount or the total invoiced amount corresponding to the execution of the Assignment. The liability arises and is agreed with the Client. 

16. Force majeure

16.1     None of the parties are obliged to comply with any obligation if they are prevented from being force majeure.
16.2     Insofar as not already understood, force majeure, occupation, blockade, embargo, government action, war, revolution and / or any similar condition, power failures, electronic communications lines, cable breakage, fire, explosion, water damage, Lightning strikes, natural disasters, flooding and / or earthquake, lack of staff or contractor's disease and / or RetailSelect.
16.3     In case of force majeure, Contractor and / or RetailSelect has the right to suspend compliance with the agreement for the duration of force majeure, without being obliged to pay any (damages) compensation.
16.4     If the force majeure persists for more than 90 days, the parties have the right to terminate the Contract by registered letter, unless it is foreseeable at this time that the force majeure situation will be resolved within a reasonable period. What has already been performed under the Assignment will be settled in the event of termination due to force majeure, without parties being otherwise owed. 

17. Intellectual Property

17.1     The Client is prohibited from alienating, displaying or otherwise transmitting, otherwise displaying the designs, images, drawings, models, software, quotes and the like (hereinafter referred to as "Pieces") provided by Contractor and / or RetailSelect without the written consent of the Contractor and / or RetailSelect. To be used. It is the Client's permission to reproduce these Pieces for their own use in so far as the Assignment is reasonably involved.
17.2     Unless otherwise agreed, copyrights and all other intellectual property rights on these documents shall remain with the Contractor and RetailSelect respectively.
17.3     The Client is obliged to return the documents to the Contractor and / or RetailSelect at the first request.

18. Indemnification

18.1     The Client indemnifies the Contractor and RetailSelect against all third-party claims, including but not limited to intellectual property rights claims, the reasonable costs of legal assistance that in any way relate to the Assignment performed for the Client, unless one and the other result Is intentional or grossly faulted by the Contractor. 

19. Applicable law and competent court

19.1     All quotations, offers and agreements for the execution of assignments shall be governed by Dutch law only.
19.2     Disputes arising out of or relating to an offer( or agreement ) with the Client shall be settled by the North Holland Haarlem court. 

20. Final provision

20.1     The Contractor and / or RetailSelect are authorized to change these Terms and Conditions. Applicable are always the last registered version of the Terms and Conditions.
20.2     If any provisions or parts of the provisions of the agreement underlying the Contract and / or these General Terms or Annexes are or will be illegal, invalid or unenforceable due to mandatory legal provisions or in any other respect, will the remaining provisions or will The valid part of the invalid provision will remain in full force and enforceable without any consequence for the remaining obligations of the parties. Furthermore, the illegal, invalid or non-enforceable provision shall be deemed to have be replaced by a provision with as much the same legal and commercial scope as possible. 

These Terms and Conditions are filed with the Chamber of Commerce in Haarlem under number 59230932, and available on the website https://www.rsrecruitment.eu