Last update: 24-01-2025
General Terms and Conditions for Recruitment Services & Hourly Engagement.
With these general terms and conditions, we ensure the safety and quality of our services.
- Definitions
In these general terms and conditions, the following terms shall be understood as:
1.1. “24nannies”: The organizations named 24nannies and 24around, based in the Netherlands, hereinafter referred to as 24nannies.
1.2. “Client”: The entity that has authorized 24nannies to provide recruitment and selection services.
1.3. “Candidate”: A person identified, approached, screened, and presented to the client by 24nannies for a potential placement.
1.4. “Employee”: The placed candidate.
1.5. “Placement”: The acceptance of an offer by the candidate to enter into employment with the client.
1.6. “Hourly engagement”: When the candidate is paid through 24nannies.
1.7. “Buyout”: When the candidate is bought out and enters into a contract with the client.
1.8. “Gross annual income”: The annual gross income agreed upon between the candidate and the client, based on a full-time workweek (40 hours per week). This amount includes the gross monthly salary, including holiday pay, supplemented by guaranteed or reasonably expected bonuses, other arrangements or profit-sharing, fixed representation allowances, and other secondary employment benefits. If the client provides a car, this is equated to the amount of the employer’s tax addition on an annual basis.
The person signing this document on behalf of the client hereby declares to adhere to the general terms and conditions set out in this document. If the employee or the client does not comply with the general terms and conditions, 24nannies has the right to remove the employee and/or client from the 24nannies network and to impose the corresponding penalty/penalties.
- Confidentiality and Data Protection
2.1. All information regarding candidates and assignments is treated confidentially and may not be shared with third parties without the written consent of 24nannies.
2.2. The client shall comply with applicable laws and regulations regarding data protection, including but not limited to the General Data Protection Regulation (GDPR).
2.3. The client is responsible for handling the private data and personal circumstances of the candidate/employee responsibly at every stage of the recruitment process.
2.4. The client hereby declares not to share the private data of the candidate/employee with third parties. If the candidate/employee’s data is shared with third parties, a fine equal to the mediation fee charged for placing the candidate with the client applies. This fine is in addition to the recruitment fee already paid by the client.
- Client’s Reporting Obligation
3.1. The client agrees to immediately inform 24nannies of the status of the assignment concerning the candidate mediated by 24nannies.
3.2. In case of changes to the assignment, such as cancellation, suspension, modification of job requirements, or other relevant information, the client shall immediately notify 24nannies.
3.3. In case of a signed employment contract by the candidate, the client is obliged to share it with 24nannies.
3.4. In the case of a buyout mediation, the client must regularly, at least once a week, inform 24nannies in writing or electronically about the progress of the assignment and the status of the candidate proposed by 24nannies.
3.5. During hourly engagement: The client ensures they are always reachable for both the employee and 24nannies during or around a babysitting service. The client provides regular updates to 24nannies and maintains sufficient availability regarding the placement via email and/or telephone.
- Fees and Payment Terms
4.1. The fee for recruitment services is determined according to the agreed rates and payment terms as set out in the separate agreement between 24nannies and the client.
This refers to the quotation applicable to the assignment, along with the associated emails and situational sketch related to the quotation.
4.2. The fee is charged upon completion of a successful search assignment. The search assignment is considered fulfilled when the candidate enters into an employment agreement or another contractual relationship with the client or an affiliated party. This occurs as soon as the candidate confirms acceptance of the offer from the client or an affiliated party. The client is required to pay this fee to 24nannies.
4.3. The fee owed by the client to 24nannies (excluding VAT) for the assignment is specified in the approved quotation of the assignment unless otherwise agreed in writing. The fee is expressed as a percentage of the first gross annual income that the candidate will earn with the client. If the fee has not been agreed upon in the contract with the client or was not communicated to 24nannies at the start of work with the client, a fee of €15,000 (excluding VAT) applies.
- Payment
5.1. Unless otherwise agreed in writing with 24nannies, the client is always required to pay invoices from 24nannies no later than 14 days after the invoice date.
5.2. After the expiration of the payment term set in article 5, the client is in default without requiring a notice of default. In this case, the client owes 24nannies the statutory commercial interest on the outstanding amount.
5.3. Both judicial and extrajudicial costs related to the collection and recovery of outstanding payments from the client are borne by the client. The compensation for extrajudicial collection costs is set at a minimum of 15% of the principal amount due.
- Contact
6.1. Contact with a candidate/employee for new bookings outside the knowledge of 24nannies is not allowed. If a candidate contacts the client directly, the client must immediately report this to 24nannies.
6.2. There must also be no contact with the candidate regarding payment until the mediated candidate has been successfully bought out/placed on an hourly basis. All questions regarding payments, rates, declarations, or other fees go through 24nannies until the candidate has been officially bought out by the client.
7. Cancellation and Termination
7.1. Cancellation Policy in the Case of Hourly-Based Employment.
If the client cancels a scheduled service 48 hours in advance, no costs will be charged. If the cancellation occurs within 48 hours before the scheduled service, 24nannies will charge 50% of the scheduled hours. If the cancellation occurs within 24 hours before the scheduled service, 100% of the scheduled hours will be charged. These rules apply unless otherwise agreed with 24nannies. This policy applies if no other agreements have been made in the offer. The agreements in the offer between the client and 24nannies are leading in this case.
- Indemnification and Other Obligations of the Client
8.1. If 24nannies introduces a candidate to the client, it is not permitted to request services or enter into a collaboration with the candidate/employee within 18 months without the written consent of 24nannies.
8.2. The above rule also applies if another employment agency introduces the same candidate to the client during this period or if the candidate contacts the client directly. In such cases, this agreement remains leading.
8.3. The client may not, without the written consent of 24nannies, share any information about candidates/employees with third parties or introduce candidates/employees to third parties.
8.4. If the client rejects a candidate introduced by 24nannies or if the candidate refuses an employment contract offer from the client, the client may not enter into an employment contract or any other contractual relationship with the candidate within 18 months after the first introduction by 24nannies, either in their own name or through or in collaboration with individuals or legal entities with whom the candidate is affiliated. 24nannies also reserves the right to demand compliance and/or compensation.
If the above rules are violated, 24nannies will charge a penalty of €15,000 (excluding VAT).
- Early Termination of the Employment Contract
9.1. If the employment contract between the candidate and the client is terminated within one month after commencement, 24nannies will make every effort, free of charge (except for advertising and assessment costs), to introduce a new candidate as soon as possible, provided that:
(a) The client notifies 24nannies in writing within seven days of the candidate’s resignation;
(b) The resignation is not due to changes in or non-compliance with the employment contract by the client;
(c) The key characteristics of the position have not changed;
(d) The termination of the employment contract is not due to redundancy, reorganization, merger, or acquisition;
(e) The client has paid all invoices issued by 24nannies;
(f) The conditions described in these general terms and conditions have been met by the client.
- Liability
10.1. 24nannies acts as an intermediary between the client and the employee. 24nannies has no employment relationship with an employee and cannot be held liable for the actions or omissions of an employee or any damages resulting from them.
10.2. 24nannies is not responsible for agreements or contract conditions between the client and the candidate/employee.
10.3. It is the responsibility of the client and the employee to take out liability and accident insurance. This also applies to all other necessary insurances.
- Privacy Policy
11.1. 24nannies respects the personal data of the client and treats them confidentially, in accordance with the law. The client’s data will not be shared with third parties without explicit consent.
11.2. 24nannies uses personal data solely for mediation activities between clients and candidates/employees.
11.3. General data, such as IP addresses and website visit times, are anonymized and used exclusively for statistical analysis and website improvement.
11.4. Requests to access, modify, or delete personal data and information about mediations can be communicated via email to: info@24nannies.nl.
- Applicable Law and Competent Court
12.1. These general terms and conditions and the assignment to which these general recruitment conditions apply are governed by Dutch law.
12.2. Disputes arising from or related to the assignment to which these general terms and conditions apply, as well as disputes regarding these general terms and conditions, will, if within the jurisdiction of the court, be brought before the court in ‘s-Hertogenbosch.
Contact
If there are any questions, please contact 24nannies.
Phone number: +31 6 82 14 81 33
Email: info@24nannies.nl
24nannies