Terms and Conditions

Article A Scope

Article A.1.1
Interim mediation is the assignment whereby Finnt B.V. makes the effort to select and introduce one or more candidates suitable for temporary support at the client. An assignment is successful if and as soon as the candidate introduced by Finnt fulfills or will fulfill the assignment on a project basis at that Client. Employment takes place on the basis of a self-employed (ZZP) construction, via payrolling, or by means of a deta-fixed construction.

Article A.1.2
Recruitment & selection for employment is the assignment in which Finnt B.V. makes the effort to select and/or introduce one or more candidates suitable for employment at the client. Such an assignment is successful if and as soon as the candidate introduced by Finnt B.V. enters into employment at the Client by means of a signed employment contract.

Article A.2
Introduction includes any form of bringing a candidate to the attention of client. This can be done verbally, in writing (e.g. email, Whatsapp, sms), via a digital portal, or via another method desired by the client.

Article A.3
If the client invites a candidate for an interview, the client thereby accepts all terms and conditions of this agreement. This also applies if the client has indicated that it does not wish to be acquired as a result of an outstanding vacancy.

Article A.4
Support with an interim assignment, or permanent employment, also includes any comparable form of actual employment of a candidate introduced by Finnt B.V. (e.g. as a contractor, as a partner, as a secondment worker, etc.), whether or not through a third party and whether or not at another branch of the client and/or at a company affiliated with the Clients organization.

Article A.5
Successful fulfillment of the interim assignment or the recruitment & selection assignment also includes the case that a candidate that is introduced by Finnt B.V. enters into employment or starts in an interim position with an affiliated company of the client, whether or not via third parties, within twelve months after the last job interview, whether or not after withdrawal or after termination of a previous assignment at the client or an affiliated company.

Article B Fee

Article B.1.1
A successful interim assignment is subject to a fee that is equal to the number of hours that the candidate is active for the client each month, multiplied by the hourly rate. Unless otherwise agreed, the hourly rate refers to an all-in hourly rate, excluding VAT.

Article B.1.2
In the event of a successful fulfillment of the recruitment & selection assignment, a fee of 25% of the gross annual salary including emoluments of the candidate will be charged to the client, excluding VAT, with a minimum fee of €15,000. Finnt B.V. applies a minimum fee of €15,000 for recruitment and selection assignments. and works through a retainer construction, which is divided over 3 payment moments:
> 1st part when placing the assignment at Finnt B.V. (€5,000), with which the marketing and start-up costs for the assignment are reimbursed
> 2nd part when a candidate that is introduced by Finnt is employed by the client (€10,000).
If the amount of the fee is higher than €15,000, the remaining amount will be settled in the final invoice.

Article B.2
The gross annual salary is the annual salary including all emoluments that a candidate introduced by Finnt B.V.  will earn during start of employment at the Client. In the case of a part-time position and/or employment contract of less than one year, this annual salary is also based on a full-time working week (40 hours) and a full year. In this context, emoluments are understood to mean: holiday pay, a thirteenth (or extra) month, directors' fees, bonuses and commissions, the monetary value of a company car (lease contribution), expenses and travel allowances and all other benefits that can be quantified as such.

Article B.3
If the client appoints a candidate that is introduced by Finnt on an interim basis within 12 months of the last job interview and Finnt B.V. is not informed about this within 14 days after the start, Finnt B.V. is entitled to payment of a fee equal to 12 weeks of hiring, on a full-time basis, for the rate for which the candidate was introduced to the client, or is hired by the client at that time.

Article B.4
Should the client appoint a candidate that is introduced by Finnt within 12 months after the last job interview, and Finnt B.V. is informed about this within 14 days after signing the employment contract, Finnt B.V. is entitled to payment of 25% of the gross annual salary plus emoluments, or the amount of €17,500, excluding VAT.

Article C Other costs

If the client withdraws a recruitment & selection assignment at the moment that candidates via Finnt B.V. have already been introduced, then Finnt B.V. is entitled to charge a fee of €3000 for the time and effort that has been put in by Finnt.

Article D Information obligation

The client is obliged to inform Finnt B.V. within 14 (fourteen) days about the data regarding the gross annual salary and the start date of candidates starting via Finnt B.V. If the client does not provide timely, insufficient or incorrect information, Finnt B.V. is entitled to estimate the amount of the gross annual salary and the start date and to invoice in accordance with that estimate.

Article E Responsibility

Finnt B.V. is obliged to make every effort in the context of a recruitment and selection assignment to recruit and select suitable candidates for employment with the client. Client is responsible for the decision to work with a candidate from Finnt to enter into an employment contract, as well as for the content of this employment contract, the remuneration and the working conditions. Finnt B.V. accepts no liability in any way for shortcomings of, and/or damage caused by, a candidate that is introduced by Finnt B.V.

Article F Confidentiality

The client is not permitted to provide information to a third party of candidates introduced by Finnt without the prior written consent of Finnt B.V. In the event of violation of the provisions of this article, the client owes Finnt B.V. an immediately due and payable fine of €1000 per violation, without prejudice to the right of Finnt B.V. to claim full compensation.

Article G Billing and payment

Article G.1.1
The fee for an interim assignment is invoiced monthly to the client, after approval of the hours by Client. These hours are delivered to the client at the end of the month or upon termination of the assignment.

Article G.1.2
The fee for a recruitment & selection assignment is invoiced to the client on or around the day the contract is signed by the candidate.

Article G.2
The payment term of Finnt B.V. invoices sent is 14 days after the invoice date. The client is not authorized to set off or to suspend any payment towards Finnt B.V. In the absence of full payment within the set term, the client is in default, without further notice of default being required.

Article G.3
If the client is in default, he owes the statutory interest. In addition, the client owes extrajudicial collection costs amounting to at least 15% of the principal, plus the contractual interest, without prejudice to the client's obligation to Finnt B.V. to reimburse the actual (extra)judicial collection costs, insofar as these may exceed this amount.

Article H Warranty scheme

If, in the case of a recruitment & selection assignment, the mediated candidate of Finnt B.V. leaves before or in his/her first month, either on own initiative or at the request of the client, Finnt B.V. makes the effort during the period of two months to fill the position, which will be done free of charge. Finnt B.V. does not have a refund scheme.

Article I Liability

Finnt B.V. is never liable for any indirect consequential damage, immaterial damage, or pure financial damage. The other liability of Finnt B.V. for attributable shortcomings is limited to the invoice amount.

Article J Choice of law and disputes

Dutch law applies to all agreements and Terms & Condition of Finnt B.V. The applicability of conditions used by the client is expressly excluded at all times, except in the case of deviations explicitly agreed in writing. The Amsterdam District Court is exclusively competent to take cognizance of this agreement in the event of disputes.


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