Terms & Conditions
Supergrads BV General Search Terms and Conditions
Article 1. General
These terms of delivery apply to all agreements relating to the recruitment and selection service offered by Elsenburg Staffing Solutions (trading name “Supergrads”).
Deviations from these terms of delivery will only apply if they are explicitly agreed upon in writing by all the parties involved.
If the client concludes an agreement with Elsenburg Staffing Solutions, where the conditions are made known or can in reasonableness and fairness be deemed to be known, these conditions will form a part of any subsequent agreement concluded with Elsenburg Staffing Solutions.
Article 2. Definitions
Contractor: Elsenburg Staffing Solutions BV.
Client: Fourstroke
Candidate: the natural person soliciting for work.
Article 3. The services offered
Elsenburg Staffing Solutions offers the client the service: recruitment and selection. (Non-)targeted recruitment and selection of candidates to fill a position for the client or an instruction to introduce candidates who are available for work and of limited supply in the jobs market (contingency search/speculative introduction).
These general terms and conditions and the associated fees automatically apply at the moment that Elsenburg Staffing Solutions introduces a candidate to the client and he/she is invited to an interview or the candidate’s personal details are requested. A candidate is deemed introduced on the receipt and/or use of the candidate’s details, which may include his/her CV.
Article 4. Privacy and miscellaneous
To protect the introduced candidate’s personal data and his/her privacy, clients are obliged to treat his/her data confidentially and not disclose it to any third parties.
If you, one of your operating companies, sister companies or subsidiaries, one of your clients or other third parties, either directly or indirectly, hires (a) prospective employee(s), within a period of twelve months after the introduction, other than via Elsenburg Staffing Solutions, or concludes an employment contract with them as a result of the introduction made by Elsenburg Staffing Solutions, you are obliged to pay Elsenburg Staffing Solutions an introduction fee comprising a penalty of € 15000 including the amount stated under Article 5 of these general terms and conditions.
Article 5. Fees and payments
The client must pay Elsenburg Staffing Solutions a fee if the candidate introduced by Elsenburg Staffing Solutions is employed by the client. This fee is a percentage of the candidate’s annual guaranteed income. Irrespective of the term of the contract or the final duration of the work. Annual income is understood to mean the gross taxable income paid over a whole year, including guaranteed or branch-related bonuses, such as any thirteenth month payment, holiday pay and all remunerations defined as guaranteed remuneration in the contract.
The fee for the services of Elsenburg Staffing Solutions (excluding VAT) is set at 25% irrespective of the size of the total guaranteed annual package.
The payment period for the payment of Elsenburg Staffing Solutions’s invoices is 14 days. These invoices are sent on the candidate start day. The offered employment-contract will also be provided to Elsenburg Staffing Solutions.
Article 6. Quality
Elsenburg Staffing Solutions will perform its services with extreme care.
Elsenburg Staffing Solutions will do its utmost best to select the most suitable candidate(s) by assessing them based on experience, qualities and references, but Elsenburg Staffing Solutions is not responsible for the final selection made. Elsenburg Staffing Solutions cannot be held liable for the unsuitability of the candidate(s) introduced.
Article 7. Termination and guarantee
If the client wants to terminate the contract with the candidate before the start of the employment contract, the client must pay a fee to Elsenburg Staffing Solutions of €5000 for the services delivered and the associated administrative costs.
The contractor exercises a guarantee period of 3 months commencing on the startdate. Elsenburg Staffing Solutions will reduce or refund part of the invoice amount if the client or the candidate terminates the employment contract within these 3 months. The size of the refund or reduction depends on the number of months that the candidate worked for the client. The part of the invoice amount that is refunded declines in proportion to the exact number of days.
That determined in point 2 of article 7 does not apply if:
no valid urgent reason is given for the termination of the contract, pursuant to Section 678 of Book 7 of the Dutch Civil Code;
the client fails to pay the outstanding amount due and payable
(invoice) within 14 days of the invoice date;
the client fails to notify Elsenburg Staffing Solutions of the termination by letter or e-mail within 14 days of the termination of the employment contract.
Article 8. Force majeure
If Elsenburg Staffing Solutions does not or only partly fulfils its obligations to the client as a result of force majeure, Elsenburg Staffing Solutions is entitled to defer the performance of the agreement for the term of the force majeure without Elsenburg Staffing Solutions being liable to pay compensation.
Force majeure is understood to mean abnormal and unforeseen circumstances that may occur independently of the will of Elsenburg Staffing Solutions pleading it and of which the consequences would have been unavoidable despite all efforts to the contrary.
Article 9. Applicable law and choice of forum
Dutch law applies to these terms of delivery and all agreements with Elsenburg Staffing Solutions.
Thus agreed, drawn up and signed by both parties in duplicate.
on behalf of Fourstroke on behalf of Elsenburg Staffing Solutions
Name: Sander Pluimers Name: Rogier Elsenburg
Position:Co-Founder Position: Principal/Owner
Date: Date: 3rd of June 2022
Location: Location: Bloemendaal, NL
Elsenburg Staffing Solutions BV · Essenlaan 14 · 2061GB Bloemendaal · +31 859020427 Bank: NL62 ABNA 0248 2730 78 · KVK 69092451 · BTW NL857729615B02
