General Terms and Conditions for Recruitment Services & Hourly Deployment
With these terms and conditions we ensure the safety and quality of our services.
Last updated: 29-11-2023
1. Definitions
In these general terms and conditions, the following definitions shall apply:
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 proposed by 24NANNIES to the client for a potential placement.
1.4. “Employee”: The placed candidate.
1.5. “Placement”: The candidate’s acceptance of an offer of employment with the client.
1.6. “Hourly deployment”: 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 between the candidate and the client, based on a full-time work week (40 hours per week). This amount includes the gross monthly salary, including vacation pay, supplemented by guaranteed or reasonably expected bonuses, other schemes or profit-sharing, fixed entertainment allowances and other fringe benefits. If the client provides a car, it shall be equivalent 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 abide by the terms and conditions outlined in this document. If the employee or client fails to abide by the terms and conditions, 24NANNIES has the right to remove the employee and/or client from 24NANNIES’ network and to issue the corresponding fine(s).
2. Confidentiality and Data Protection.
2.1. All information relating to candidates and assignments will be treated as confidential and may not be disclosed to third parties without the written consent of 24NANNIES.
2.2. The client must adhere to the applicable laws and regulations concerning data protection, including but not limited to the General Data Protection Regulation (GDPR).
2.3. The client will treat the private data and private situation of the candidate/employee responsibly at every stage of the recruitment process.
2.4. The client hereby declares not to disclose the private information of the candidate/employee to third parties. If any of the candidate’s/employee’s information is shared with third parties, a fine will be imposed equivalent to the mediation fee calculated for the placement of the candidate with the client. This fine applies in addition to the already paid recruitment fee by the client.
3. Reporting obligation of the Principal
3.1. The client agrees to promptly inform 24NANNIES regarding the status of the agreement regarding the candidate mediated by 24NANNIES.
3.2. In case of changes in the agreement, such as cancellation, suspension, change in job requirements, or other relevant information, the client shall inform 24NANNIES immediately.
3.3 In case of an employment contract signed by the candidate, the client is obliged to share it with 24NANNIES.
3.4. In the case of a buyout mediation, the client is required to inform 24NANNIES regularly, at least once a week, in writing or electronically about the progress of the assignment and the status of the candidate proposed by 24NANNIES.
3.5. During an hourly deployment:
Client shall ensure to be available at all times to both the candidate/employee and 24NANNIES during or around a babysitting shift. Client shall provide regular updates to 24NANNIES and adequate accessibility about the placement, by mail and/or phone.
4. Fee and Payment Terms.
4.1. The fee for the recruitment services is determined according to the agreed-upon rates and payment terms as outlined in the separate agreement between 24NANNIES and the client.
This refers to the quotation applicable for the job, along with the accompanying e-mails regarding the quotation and the related situation overview.
4.2. The fee is charged upon the fulfilled search assignment. The search is considered fulfilled at the moment when the candidate enters into an employment agreement or other 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 associated party. The client must pay this fee to 24NANNIES.
4.3 The fee (exclusive of turnover tax) for the assignment, are specified in the approved quotation for the assignment unless otherwise agreed in writing. The fee is expressed as a percentage of the first gross annual income the candidate will earn with the client. Should the fee not be agreed upon in the contract with the client, or not communicated to 24NANNIES at the start of the work at the client, a fee to 24NANNIES of €15,000 (excluding sales tax) will apply.
5. Payment
5.1. Unless otherwise agreed upon in writing with 24NANNIES, the client is always obliged to settle the invoices from 24NANNIES within 14 days after the invoice date.
5.2. After the expiration of the payment term stated in the first paragraph of article 5, the client is in default without the need for a notice of default being required. In such case, the client is liable to 24NANNIES for statutory commercial interest on the outstanding amount.
5.3. Both judicial and extrajudicial costs related to the collection and recovery of payments still to be received from the client are the responsibility of the client. The compensation for extrajudicial collection costs is set at a minimum of 15% of the principal amount due.
6. Contact
6.1. Contact with a candidate/employee for new bookings without the knowledge of 24NANNIES is not permitted. If a candidate approaches the client directly, the client must immediately report this to 24NANNIES.
6.2. There should 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, invoices or other fees must go through 24NANNIES until the candidate has actually been bought out by the client.
7. Unsubscribing and Cancellation
7.1. Cancellation policy in the case of deployment on an hourly basis.
If the client cancels 48 hours prior to a scheduled service then no fee will be charged. For cancellations within 48 hours of the planned service, 24NANNIES will charge 50% of the scheduled hours. Cancellations within 24 hours of the planned service will be charged 100%. These policies apply unless otherwise agreed with 24NANNIES. The rule applies if no specific arrangements have been made in the quotation. The agreement in the quotation between the client and 24NANNIES is leading in this case.
8. Indemnification and Other Obligations of the Client.
8.1. If 24NANNIES introduces the client to a candidate, it is not permitted to submit a request or enter into a collaboration with the candidate/employee within 18 months without 24NANNIES’ written consent.
8.2. The rule above also applies if another employment agent introduces the client to the same candidate during this period or if the candidate contacts the client directly. If this happens, this agreement will remain leading.
8.3. The client may not provide information about candidates/employees to third parties in any way or introduce candidates/employees to third parties without written permission from 24NANNIES.
8.4. If the client rejects a candidate introduced by 24NANNIES or if the candidate refuses an offer of an employment contract from the client, the client is prohibited from engaging in an employment agreement or other contractual relationship with the candidate within 18 months of the candidate’s initial introduction by 24NANNIES. This prohibition applied both directly and indirectly, either independently or in collaboration with individuals or entities. Additionally, 24NANNIES reserves the right to demand performance and/or damages.
If the above rules are violated, 24NANNIES will charge a fine of €15,000 (excluding sales tax).
9. Early Termination of Employment Contract.
9.1 If the candidate’s employment contract with the client is terminated within one month of employment, 24NANNIES shall, at no charge (excluding advertising and assessment costs), make every effort to introduce a new candidate as soon as possible, provided that:
(a) The client notifies 24NANNIES in writing within 7 days of the candidate’s termination;
(b) The termination is not due to changes in or non-performance of the employment contract by the client;
(c) The major characteristics of the position have not changed;
(d) The termination of the employment contract is not the result of redundancy, reorganization, merger or acquisition;
(e) The client has paid all amounts invoiced by 24NANNIES;
(f) The conditions described in these general terms and conditions have been fulfilled by the client.
10. Liability
10.1 24NANNIES is an intermediary between client and employee. 24NANNIES does not have an employment relationship with an employee and can therefore cannot be held liable for any actions or omissions of an employee or any resulting damages.
10.2. 24NANNIES is not responsible for any agreements or contract terms between client and 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 insurances.
11. Privacy Statement
11.1 24NANNIES respects the personal data of the client and treats them confidentially, according to the law. The client’s data will not be provided to third parties without explicit consent.
11.2. 24NANNIES uses personal data exclusively 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. Requesting, changing or deleting personal data and providing information about mediations can be communicated by email to: info@24nannies.nl.
12. Applicable Law and Competent Court.
12.1. These general conditions and the assignment to which these general
recruitment conditions 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, shall be brought before the District Court of ‘s-Hertogenbosch if they fall within the jurisdiction of the District Court.
Contact
If there are any questions, please contact 24NANNIES.
Phone number: +31 6 82 14 81 33
E-mail: info@24nannies.nl
