In these Terms and Conditions, the following definitions apply:
The Candidate: the person proposed by FoxWise to Client for employment, which includes – if the Candidate is a legal entity – any officer or employee of the Candidate;
Client: the person, firm or legal entity including any subsidiaries or affiliates, to whom the Candidate is proposed;
FoxWise: FoxWise B.V., located at Achter de Tolbrug 151, 5211 SM ‘s-Hertogenbosch.
Assignment: an Assignment given by Client to FoxWise to recruit and select candidates for the position specified by Client;
Order Confirmation: a written confirmation of the Order issued by FoxWise to the Client, which forms part of the agreement between the parties;
Appointment / Appointment: the entering into an employment contract, contract for work or contract for services by the Client with the Candidate, or having the Candidate made available to the Client by a third party;
The Nomination / Submission: (I) the submission by FoxWise to Client of a curriculum vitae or information identifying the Candidate and/or (II) the conduct of an in-person, telephone or online interview by Client with a Candidate.
2. These General Terms and Conditions are deemed to be accepted by the Client the moment the Candidate is Proposed or Appointed, or the moment the Client discloses information regarding the Candidate to third parties.
2.2 These Terms and Conditions contain the entire agreement between the parties. Applicability of any General Terms and Conditions or Purchase Terms and Conditions of the Client is expressly excluded.
2.3 Changes or additions to these General Terms and Conditions are only valid if they are agreed in writing between FoxWise and Client and confirmed by both parties.
2.4 FoxWise can always, without prior notice, change the general terms and conditions. Changes shall also apply to existing agreements upon written notice.
2.5 After you agree to the quote, the services will be initiated as described. FoxWise then initiates candidate recruitment and selection. A candidate means any natural person who has come into contact with FoxWise or you in any way in connection with the possible entering into an (employment) agreement with you.
2.6 FoxWise is exclusive recruitment partner during the agreed term, unless otherwise agreed. You must refer all candidates who contact you directly regarding the assignment directly to FoxWise.
2.7 If you terminate the assignment for any reason, you must pay the cancellation fee included in the quotation.
2.8 You may not change the order without FoxWise’s permission. If FoxWise agrees to a change, it may charge the additional fees for it.
2.9 The assignment ends when FoxWise fails to nominate at least one candidate, for the position to be filled, within the agreed time period. You will then not owe a mediation fee unless different arrangements are made in the order confirmation. If a startup fee has been paid, it is not refundable under any circumstances.
2.10 If you or the candidate terminate the (employment) agreement within the probationary period, you will still owe the mediation fee. The recruitment and selection process for the same position will be redone once at your request without charging another and mediation fee. You must then meet the following conditions:
– you notify FoxWise in writing within 7 days of cancellation;
– the termination is not the result of your failure to fulfill the (employment) agreement;
– the essential characteristics of the function have not changed;
– the termination of the (employment) contract is not the result of redundancy, reorganization, merger or acquisition;
– you have complied with all the terms and conditions in these general terms and conditions;
– you have paid all amounts invoiced by FoxWise;
– you do not use an installment payment plan.
Article 3. Notification, fees and payment period
3.1 Client immediately notifies FoxWise of the Candidate’s Appointment and sends FoxWise a copy of the agreement signed by Client and Candidate within 7 days of Appointment.
3.2 You must refer all Candidates who report directly to you, in connection with the assignment, directly to FoxWise. All Candidates who have gone through FoxWise’s selection process are considered FoxWise’s Candidates.
3.3 In the event that the Candidate is proposed to the Client at FoxWise’s initiative, the mediation fee is the percentage stated in the signed Assignment Confirmation of the gross annual salary the Candidate will earn based on full-time employment. This means the candidate’s full-time gross annual salary as agreed upon upon final employment, including vacation allowance, 13th month, gratuity, year-end bonus and profit sharing. In order to determine the amount of the mediation fee in euros, you must send a copy of the employment contract concluded with the candidate within one week of signing it. The full-time gross annual salary applies as the mediation fee regardless of whether the candidate joins full-time or part-time.
3.4 If a candidate becomes employed by you or an affiliate of you within 24 months of introduction, you will still be liable for the mediation fee specified in the engagement letter. If for any reason no mediation fee is agreed upon, it will be 25% of the candidate’s gross all-in salary.
3.5 Client is due the mediation fee upon Appointment of the Candidate, at which time FoxWise will invoice Client.
3.5 You will pay the invoice within 14 days of the invoice date, unless otherwise agreed. If you do not pay within this period, you will owe interest and extrajudicial collection costs from the due date of the invoice. In any case, the collection costs for professional parties are 15% of the principal amount with a minimum of € 150.00 and the contractual interest rate is 1% per month. FoxWise may change your payment terms when your financial position or payment history warrants it.
3.6 Do you have an objection to the invoice? If so, notify FoxWise in writing within 14 days of the invoice date, stating the reason. If you fail to do so, the invoiced amount is considered acknowledged. A complaint does not suspend your payment obligation.
Article 4. Guarantee Scheme
4.1 In order to be eligible for a partial refund of the Fee under the terms and conditions set forth in Article 4.2, the Client must have paid FoxWise’s Fee within 14 days of the invoice date and must notify FoxWise of the termination within 7 days of termination of the Candidate’s Appointment.
4.2 If, within the legally agreed probationary period between the Candidate and Client, it appears that, given the job description, the Candidate does not meet the requirements set out therein, FoxWise secures a Nomination for a new Candidate within four weeks free of charge, unless the failure to meet the requirements has a cause beyond FoxWise’s control, such as the employment of the Candidate in a position other than the position for which FoxWise has nominated the Candidate,
change of Client’s place of business, in the Candidate’s person circumstances such as relocation, illness and pregnancy. Restitution is also not an issue in the event of organizational changes on the part of the Client, such as a reorganization or staff reduction. If within this period FoxWise fails to make a new Proposal, 50% of the Fee will be refunded by FoxWise to the Client. If Client reappoints the Candidate within 12 months of the date of termination of the Appointment, Client shall still owe FoxWise the full fee.
Article 5. Appointment resulting from nominations
5.1 The Nomination of Candidates is confidential. If the Client passes on information regarding a Candidate nominated by FoxWise to a third party, which leads to an Appointment by this third party within 24 months following the Nomination, the Client is obliged to pay the fee charged by FoxWise as referred to in Article 3.3, without a claim for a refund.
5.2 In respect of any Candidate appointed by Client as a result of or arising from an Engagement arranged by or through FoxWise, directly or indirectly, the fee referred to in clause 3.3 shall be due within 24 months following the date of the Engagement.
5.3 You may not disclose information about candidates to third parties or introduce candidates to third parties. If you do so within 24 months and it results in an (employment) agreement with the candidate, you will be required to pay a fee of 25% of the candidate’s gross all-inclusive salary.
5.4 In spontaneous consulting, FoxWise introduces an employee to you without an assignment. If within 24 months of introduction this results in and (employment) agreement between you and the candidate or an affiliate of yours, you are required to pay a fee of 25% of the candidate’s gross all-in salary.
5.5 If you wish to enter into an employment contract with several candidates from the same selection procedure, the agreed fee is payable for each candidate hired, unless otherwise agreed in the engagement letter.
Article 6. Eligibility and references
6.1 FoxWise strives to ensure the suitability of the Candidates proposed to the Client as much as possible, by:
- establish the identity of the Candidate;
- to determine that the Candidate has the experience, training, qualifications and all powers deemed necessary by the Client or required by law or any professional body;
- determine that the Candidate is willing to work in the position for which Client wishes to hire the Candidate.
6.3 FoxWise endeavors to do everything reasonably possible to ensure that the Client and the Candidate are aware of the conditions imposed by law or any professional body on the employment of the Candidate in the job for which the Client wishes to employ the Candidate.
6.4 Notwithstanding the provisions of Articles 6.1, 6.2 and 6.3, the Client must satisfy itself as to the suitability of the Candidate, taking into account all references submitted by the Candidate to the Client or to FoxWise before hiring the Candidate. The Client shall be responsible for obtaining any work permit and/or any other required authorization for the Candidate to perform work, for arranging any medical examinations and/or examination of the Candidate’s medical history, and for complying with any medical and other conditions, qualifications or authorization required under the law of the country in which the Candidate is to perform the work.
6.5 In order for FoxWise to fulfill its obligations under Articles 6.1, 6.2 and 6.3, Client shall provide FoxWise with information regarding the position for which Client wishes to hire the Candidate, including:
- The type of work to be performed by the Candidate;
- location of work and working hours;
- The date on which the Client wishes the Candidate to start;
- experience, education, qualifications and all powers required of the Candidate by the Client, by law or by any professional body in order for the Candidate to be employed in the position aforesaid;
- health or safety risks to the extent known to the Client, as well as the measures taken by the Client to prevent or control such risks;
- the duration or expected duration of Appointment;
- the probable salary, any expenses and other benefits;
- the notice period of the Candidate and the Client.
Article 7. Liability
FoxWise shall in no event be liable for any loss suffered by the Client, in any form, direct or indirect, arising out of or in any way connected with FoxWise’s Recruitment & Selection process, the Nomination or Appointment of any Candidate by the Client, or FoxWise’s failure to nominate a Candidate.
Article 8. Data Privacy
FoxWise processes personal data when there is a legitimate and specific purpose for doing so. Personal data is carefully handled and secured. FoxWise does this in accordance with (privacy) laws and regulations, including the General Data Protection Regulation. The full privacy notices, including the right to access and correct personal data can be viewed on FoxWise’s website.
Article 9. Choice of law
These General Terms and Conditions are governed by Dutch law. Disputes will be submitted to the competent court in ‘s-Hertogenbosch.
