Experis (Belgium) NV/SA – Version July 2020
- These general conditions apply on each agreement regarding recruitment and selection between Experis and the client, excluding any other general conditions unless otherwise agreed in writing. The general conditions are deemed to be approved by the client if Experis presents a candidate to the client. A candidate is deemed to be presented as soon as Experis transfers its data to the client, irrespective by which means.
- Experis will submit the candidate to a thorough screening pursuant to the standards and means as common in the sector. This does however not relieve the client from its investigation duty and obligation to independently form an opinion about the suitability of the candidate, prior to concluding an agreement with the candidate.
- The client undertakes to timely provide all information which might be of any importance for the assignment of Experis, including, but not limited to, a full description of the outstanding vacancy and the desired competences. The client will treat the candidates in a correct and respectful way and will not take any actions which might harm the privacy of the candidate, be discriminatory or illegal in any other way.
- The presentation of a candidate is strictly confidential. Each client shall refrain from transferring data of the candidates to third parties (connected companies, clients, subcontractors…) or to present itself these candidates to third parties. If the client does not comply with these obligations and the respective third party concludes a contract with the candidate on the basis thereof, then the client shall pay the full fee to which Experis would be entitled if the candidate would have concluded the agreement directly with the client.
- The total fee of Experis will be due if the client would conclude an agreement with the candidate within 12 months following the presentation, irrespective of whether this (i) is an agreement for definite or indefinite duration (ii) is an employment agreement or services agreement as independent contractor (iii) the function for which the agreement has been concluded or (iv) is based on conditions precedent or conditions subsequent.
- Unless otherwise agreed in writing, the fee of Experis for the recruitment and selection of a candidate shall consist of:
- Start-up costs: As soon as the client has conferred a recruitment assignment to Experis, a lump sum compensation of €1.500 will be due in order to cover the initial costs (such as publication of the vacancy). This compensation is finally acquired by Experis and will not be reimbursed. In case of actual employment of a the candidate which has been presented by Experis, this amount will be deducted from the owed selection fee.
- Selection fee: the fee for recruitment and selection of a candidate shall amount up to 25%. The fee will be calculated on the basis of the estimated salary package of the candidate during its first year of employment. In case of part-time employment, the annual salary package for the fulltime employment will be taken into account. The annual salary package of the candidate/employee includes the gross annual salary, premiums or commissions, holiday pay, year-end bonus, employers’ contributions for insurances, contribution for salary car (estimated at €6.000 per year), transport costs, meal vouchers and other benefits which will be granted to the candidate. If the candidate would work as independent contractor, then this package shall include all compensations, profits, benefits and other additional advantages to which the independent contractor would be entitled.
Additional costs, such as publication costs, compensation for assessments, accommodation costs and transport allowance for travelling abroad will be invoiced separately.
- The client undertakes to provide Experis, within 5 business days following signature, a copy of the agreement which has been concluded with the candidate, so that Experis can calculate the annual salary package. When failing to do so, Experis will be entitled to invoice a lump sum indemnity equal to €15.000 (VAT excl.), notwithstanding the right to claim higher indemnities on the basis of the actual damages. During this term, the client will also provide Experis all useful information required for drafting the invoice, including a correct PO number (number of purchase order). If such information is not timely provided, this shall not refrain the client to fully pay the invoiced amount within the agreed payment terms. If a new invoice needs to be drafted because the client has not timely provided all necessary information to Experis, then Experis reserves its right to invoice additional administrative costs to the client.
- The invoices of Experis are payable within 15 days following the invoice date at registered office of Experis, net and without discount, unless otherwise agreed in writing. If payment has not been executed via wire transfer or by direct debit, the collection costs will be at the expense of the client. In case of late payment of the invoice, the invoiced amount will be increased as of right without prior formal notice with interests at an interest rate of 10% on annual basis. Furthermore, a lump sum penalty of 15% on the invoiced amount shall be due as of right, with a minimum amount of €125 and a maximum amount of €12.500. In case of late payment of an invoice, also all other invoices will be immediately due and payable as of right, regardless of whether these invoices have been expired and any payment modalities which have been agreed. Experis will be entitled, as of right and without formal notice to set off any unpaid amounts (including interest due to late payment, collection and legal costs) against any payments to which the client would be entitled, irrespective of the reason thereof. In case of a lack of payment, Experis will also be entitled to suspend all current assignments or to consider these as being dissolved, without any penalty being due towards the client. The client will indemnify Experis against any negative consequences resulting therefrom.
- Any invoice of Experis which has not been contested, with explanations of the reasons thereof, within 8 days following its receipt is deemed to be finally accepted.
- Experis is not liable for indirect damages or if the candidate does not meet the expectations, unless in case of gross negligence or fraud by Experis. The liability of Experis, both contractual and extra-contractual, is in any event limited to direct damages and to the amount of the timely paid invoice by the client for the respective recruitment assignment, which shall in any event be limited to an amount of €100.000 per claim and/or insurance year. Experis will furthermore not be liable if the agreement with the foreign candidate needs to be terminated due to a lack of valid residence and/or work permit. Experis will not be liable for damage and losses caused by the candidates it has presented. The client will in this respect indemnify Experis against any liability caused to third parties.
- If the employment agreement/services agreement with the candidate would be terminated by the candidate within 12 weeks following the start, Experis shall, at its sole discretion, search find and propose a new candidate free of charge for the relevant vacancy (one-off), or refund to the client a part of the success fee (1/2 of the total fee) pro rata the number of weeks performed. If Experis would decide to make use of this last option, then an amount will be refunded equal to 8,32% of the success fee for each full week during which the candidate will not be employed during this warranty period (12 weeks). Experis shall reserve its right to set-off unpaid amounts, interests and collection costs (including judicial and lawyer costs) as of right and without prior approval against the aforementioned amount. Holidays, illness and other assimilated days shall form an integral part of the warranty period.
This warranty shall not apply if the employment agreement/services agreement between the client and the candidate is terminated:
- By the client due to a reason which does not relate to the qualifications, skills or behavior of the candidate;
- By the candidate due to serious misconduct by the client;
- Due to non-completion of a condition precedent or condition subsequent;
- Due to the fact that the candidate no longer disposes of the necessary work and/or residence permit;
- By mutual consent between the client and candidate
The warranty will also not apply in case of contractual provisions (including general conditions) which have not been complied with by the client.
The client shall bear the burden of proof regarding the abovementioned cases of exclusion.
- If, due to a dispute, one or more provisions of these general conditions or commercial agreement would be declared invalid or non-enforceable by the competent courts, then these provisions shall remain binding within the legal boundaries and the judge will be entitled to, to the extent required, mitigate the scope of application. The other provisions shall remain fully applicable
- The Courts of Brussels shall be exclusively competent in case of any dispute regarding the commercial agreement (including these commercial conditions) between the client and Experis and the execution thereof. The collaboration between the client and Experis will be exclusively governed by the laws of Belgium.