terms-and-conditions
1.1. In these general terms and conditions, the following terms are used as indicated below, unless explicitly stated otherwise or the context indicates otherwise:
a. i UNE-X: the user of these general terms and conditions: i UNE-X Werving & Selectie en Detachering B.V., trading under the names
"i UNE-X" and "i UNE-X iNTERNATIONAL", is located at Nieuwe Stationsstraat 20 in Arnhem, registered with the Chamber of Commerce under number 71287116;
b. customer: the natural person who is acting in the exercise of his profession or his company, or the legal person who has entered into an agreement with i UNE-X;
c. agreement: the agreement between the customer and i UNE-X;
d. recruitment & selection assignment: the agreement whereby i UNE-X selects a candidate on behalf of the customer with the aim of establishing an employment contract between the candidate and the customer;
e. candidate: a person selected by i UNE-X as part of a recruitment & selection assignment and proposed to the customer;
f. 'detavast' assignment: the agreement whereby the customer hires an employee for a definite period of time whereby the customer intends to hire the employee after this period;
g. secondment assignment: the agreement whereby the customer hires an employee for a fixed period without the customer intending to hire the employee after the secondment period;
h. payroll company: the payroll company with which i UNE-X cooperates;
i. employee: the employee of i UNE-X, or of the payroll company, or the natural person (self-employed) hired by i UNE-X, who is made available to the customer during the secondment assignment or 'detavast' assignment.
2.1. These terms and conditions apply to every offer, quotation and agreement between i UNE-X and the customer.
2.2. The applicability of any purchasing or other condition of the customer is expressly rejected.
2.3. It is only possible to deviate from these general terms and conditions in writing or via e-mail with the approval of
i UNE-X.
2.4. I UNE-X has the right to change these general conditions during the agreement, and to declare the new general conditions applicable to the existing agreements. The customer will be informed in writing or via e-mail of the new version of the general terms and conditions, and of the date on which the new general terms and conditions take effect.
2.5. If one or more of the provisions in these terms and conditions are invalid or should be destroyed, the remaining provisions of these terms and conditions remain fully applicable. The invalid or voided provisions will be replaced by i UNE-X, taking into account as far as possible, the purpose and scope of the original provision(s).
2.6. If i UNE-X does not always demand strict compliance with these general terms and conditions, it does not mean that the provisions thereof do not apply or that i UNE-X would lose the right to some extent to ensure strict compliance with the provisions of these terms and conditions.
2.7. I UNE-X has the right to transfer its rights and powers under the agreement to a third party. Without written permission from i UNE-X the customer is forbidden to transfer his rights and obligations towards i UNE-X to a third party.
3.1. Any offer from i UNE-X is without obligation.
3.2. If the acceptance (on minor points) deviates from the offer included in the quotation, i UNE-X is not bound by it. The agreement will, in that case, not be concluded in accordance with this deviating acceptance.
3.3. Obvious errors or mistakes in publications, e-mail messages or agreements of i UNE-X do not bind i UNE-X.
3.4. Quotations, prices and rates do not automatically apply to future assignments.
4.1. The agreement is concluded on the moment i UNE-X and the customer have signed the agreement.
5.1. I UNE-X selects the candidate or employee for the recruitment & selection assignment, the 'detavast' assignment, or the secondment assignment based on the information that the customer has provided to i UNE-X. I UNE-X will thereby observe the duty of care of a good contractor and make every effort to provide the agreed services to the best of its knowledge and ability. I UNE-X does not guarantee that the candidate or employee meets the expectations of the customer.
5.2. I UNE-X decides on what grounds she wishes to recruit and select the candidate or employee. This means that i UNE-X does not have to ask the candidate or employee for references or to research the personal past, employment records, incapacity for work in the past, or the physical condition of the candidate.
5.3. I UNE-X is permitted at all times to engage a third party in connection with the implementation of the agreement.
6.1. The recruitment & selection assignment has the nature of a commitment because no guarantee is given with regard to the result of the granted recruitment & selection assignment.
6.2. Successful fulfilment of a recruitment & selection assignment exists if and as soon as a candidate proposed by i UNE-X enters the employer's service. In the recruitment & selection assignment, employment also includes any comparable form of actual employment of a candidate introduced by i UNE-X, whether or not via a third party, and whether or not at another location of the customer and/ or at a company affiliated with the organization.
6.3. The customer is responsible for the decision to enter into an employment contract with a candidate selected by i UNE-X, as well as for the content of this employment contract, remuneration and working conditions.
6.4. The recruitment & selection assignment is not entered into on the basis of exclusivity, unless the parties have expressly agreed otherwise.
6.5. If the parties have agreed that the recruitment & selection assignment is entered into on the basis of exclusivity, this means that
i UNE-X is the only external party/ intermediary that has the assignment to carry out the recruitment & selection assignment and/ or to implement a position or vacancy. An exclusive mediation period has been laid down in advance in the recruitment & selection proposal. The exclusive mediation period is at least 6 weeks. Within this agreed exclusive period, the customer is in no way entitled to outsource, directly or indirectly, the assignment to another party that is focused on the mediation in relation to staff, whether to apply it incidentally or to proceed with the recruitment of a candidate. If the customer does not comply with the cooperation agreements regarding the exclusive acceptance of an exclusive assignment, the penalty clause included in article 6.15 of these general terms and conditions will apply to compensate the efforts already made by i UNE-X for the correct execution of the assignment.
6.6. If the selected and introduced candidate enters into service with the customer within 18 months of the introduction by i UNE-X or enters into a different employment relationship with the customer, i UNE-X will charge the customer a fee. The fee is calculated as a percentage of the gross annual income of the candidate, excluding VAT. The amount of the percentage is included in the agreement.
6.7. The gross annual income is the annual salary plus all emoluments. The emoluments include, but are not limited to holiday allowances, bonuses and commissions, a 13th month, expense allowances, and a car allowance. In this context, a car made available by the customer is equated with € 7,500 gross annual salary.
6.8. The customer will immediately notify i UNE-X in writing or via e-mail if the candidate is made an offer and when a candidate is appointed. The customer must inform i UNE-X with regard to the data on the gross annual income and the starting date of the candidate, failing which
i UNE-X is entitled to invoice based on an estimate thereof.
6.9. The fee is invoiced to the customer on the day of signing the (draft) employment contract.
6.10. If the employment of a candidate at the customer is terminated within the probationary period, i UNE-X will make any effort to select a new candidate for the same position at a comparable salary to that of the candidate with whom the employment was terminated. This will be done in accordance with the provisions of the original order confirmation. If i UNE-X fails to select and nominate a new candidate within 3 months after the end of the relationship with the first candidate, i UNE-X will refund the customer 8% of the fee paid. The customer cannot rely on this article in the event that:
a. The job is dissolved for a reason other than improper conduct;
b. I UNE-X has not been notified in writing within 30 days after the termination of the relationship by the customer of the termination of the relationship;
c. Insofar as the fee has not been paid in full to i UNE-X within 14 days of the invoice date;
d. The candidate is unnecessary;
e. The customer has already filled in the vacant position herself or through a third party.
6.11. The customer is never entitled to pass on information about and/ or candidates to third parties in any way without permission from i UNE-X or to propose candidates to third parties. If the customer nevertheless introduces a candidate proposed by i UNE-X within 18 months to another (legal) person, company or institution, resulting in an employment contract or otherwise a working relationship with that candidate, the customer is obliged to pay the full fee as described in article 6.6.
6.12. If the customer enters into an employment contract with more candidates from the relevant selection procedure, the full fee is due for each candidate.
6.13. If the customer accepts the nominated candidate on the basis of a part-time position, the fee is calculated on the basis of the salary that would apply in the case of a full-time appointment.
6.14. The customer or the affiliated company is not permitted, without written permission from i UNE-X, within 18 months after a candidate has been proposed by i UNE-X to the customer, but not been employed by the customer, to enter into an employment relationship with the candidate, directly or through third parties, or to employ him directly or indirectly.
6.15. If the customer violates a prohibition referred to in article 6.5 or article 6.14, he will immediately owe i UNE-X a sum of thirty thousand euros excluding VAT, unless the actual damage suffered is higher and this damage will be charged.
7.1. I UNE-X will ensure that the agreement is executed by the employee who, in the opinion of i UNE-X is sufficiently qualified.
7.2. The employee carries out the work that the parties have agreed. The customer is only permitted to let the employee perform other work if
i UNE-X has explicitly agreed to this beforehand.
7.3. If the customer enters into an agreement with the payroll company within the framework of the 'detavast' assignment or the secondment assignment, the general conditions of the payroll company apply to that agreement. The customer indemnifies i UNE-X against claims from agreements between the customer and the payroll company.
7.4. The customer is not permitted to make the employee available to a third party without prior written permission from i UNE-X, including companies affiliated with the customer.
7.5. The customer is obliged:
a. To inform the employee about the risks and the measures to be taken before starting the work;
b. To prepare the employee for his work;
c. To manage the employee and supervise the workplace.
7.6. The customer is only permitted to deploy the employee to a client of the customer if the customer directs the employee. If the client of the customer directs the employee, the customer must inform i UNE-X as soon as possible.
7.7. The customer is obliged to inform i UNE-X about the applicable hirer's remuneration.
7.8. The employee works under the direction and supervision of the customer. The responsibility for the execution of the work therefore lies entirely with the customer.
7.9. The customer declares that he is aware of the fact that he is classified as an employer according to the Working Conditions Act (Arbeidsomstandighedenwet).
7.10. The customer is obliged to observe the care referred to in article 7:658 of the Dutch Civil Code towards the employee. The customer will indemnify i UNE-X from claims for non-compliance with the obligations referred to in article 7:658 of the Dutch Civil Code.
7.11. If certain guidelines and/ or (house) rules apply within the organization of the customer, the customer must inform the employee accordingly.
7.12. The customer is obliged towards i UNE-X and the employee to arrange and maintain the premises, instruments and tools in which or with which he has the employee perform the work in such a way, as well as with regard to the performance of the work, that she provides such guidelines and instructions with regard to the performance of the work, that the employee is protected against danger to body, respectability and good, that can reasonably be demanded in connection with the nature of the work. The customer is obliged to provide the employee with personal protective equipment if the nature of the work so requires.
7.13. If, in the performance of his/ her duties, the employee has suffered injury in such a way that death is the result, the customer is obliged to compensate the persons referred to in article 6:108 of the Dutch Civil Code for the damage referred to in that article.
7.14. Damage to the employee's property, or personal injury arising during or in connection with the performance of work in the context of the agreement, will be compensated by the customer to the employee, unless the damage is the result of intent or deliberate recklessness on the part of the employee.
7.15. If the employee comes across an accident during his/ her work for the customer, the customer is obliged to immediately inform the labour inspectorate and i UNE-X, stating the time and the nature of the accident and the consequences thereof.
7.16. The customer is obliged to take out an adequate, comprehensive liability insurance for all direct and indirect damage as described in this article.
7.17. The working hours and break times of the employee are the same as the usual times and hours at the customer, unless otherwise agreed. The customer guarantees that the employee's rest and working hours meet the legal requirements. The customer ensures that the employee does not exceed the working hours permitted by law and the agreed working hours.
7.18. If a transition payment has to be paid to the employee, the costs will be borne by the customer.
7.19. If the 'detavast' assignment or the secondment assignment terminates prematurely at the initiative of the customer, the customer is obliged to pay the amounts to be invoiced by
i UNE-X for the employee, not being a self-employed person, as referred to in the agreement, up to the moment that the agreed duration of the agreement has expired. This is because the employee works on the basis of a fixed-term employment contract in which i UNE-X has a continued payment obligation.
7.20. If the customer wishes to enter into an employment contract or a different employment relationship directly with the employee, he will immediately inform i UNE-X in writing or via e-mail.
7.21. If, within 18 months after i UNE-X has introduced the employee to the customer, the employee directly enters into an employment contract or a different employment relationship, the customer owes
i UNE-X a reasonable fee for the work performed. This reasonable fee is set at € 31,500 excluding VAT. Parties can only agree in writing on another term and/ or other reasonable compensation as mentioned in this article.
7.22. If the employee has been employed by i UNE-X for 14 months or longer on the basis of a 'datavast' assignment, the customer has the right to employ this employee free of charge after the data fasting assignment.
8.1. Other types of employment relationship as referred to in articles 6.6, 7.20 and article 7.21 include the following:
a. An assignment agreement;
b. An agreement for taking on work;
c. The agreement whereby the employee or candidate is hired from a third party to perform work for the customer.
9.1. I UNE-X assumes that the customer fulfils all his legal obligations.
9.2. The customer indemnifies i UNE-X against any claim from third parties, the candidate or the employee who suffer(s) damage in connection with the execution of the agreement, which is attributable to the customer.
9.3. The customer ensures that all data, of which i UNE-X indicates that they are necessary, or which the customer should reasonably understand to be necessary for the execution of the agreement, is properly, fully and timely provided to i UNE-X.
9.4. The customer will always inform i UNE-X as soon as possible in writing or via e-mail about changes to his data.
9.5. The customer is responsible for verifying the suitability of the employee or candidate selected and introduced by i UNE-X, including checking references, skills, character, experience and possible medical requirements, including obtaining a possible work permit.
9.6. If the customer does not fulfil his obligations towards i UNE-X arising from these general terms and conditions or the agreement or the law in a proper way, or not timely, or in case she acts unlawfully towards i UNE-X, then i UNE-X is entitled to suspend the execution of the agreement and the customer must compensate i UNE-X for all damage that i UNE-X suffers as a result, including loss of turnover.
10.1. All mentioned rates are excl. VAT.
10.2. I UNE-X has the right to adjust its rates from time to time. The customer will be notified of a rate change in writing or via e-mail.
11.1. The customer must pay the invoice within 14 days after the invoice date to a bank account designated by i UNE-X. The payment period of 14 days is a strict deadline.
11.2. The customer is not entitled to a settlement or suspension.
11.3. If the customer does not pay the invoice on time, the customer is in default and owes a default interest of 5% per month to be calculated on the principal sum, whereby part of a month is considered a full month. If the statutory commercial interest is higher than 5% per month, the legal commercial interest applies. In addition, the judicial and extrajudicial collection costs that i UNE-X must incur to collect the outstanding claim are at the expense of the customer. The extrajudicial collection costs are set at 15% of the principal sum, with a minimum of
€ 250.
11.4. The payments made by the customer serve first of all to reduce the costs, then to reduce the interest still due, and finally to reduce the principal sum and the current interest.
11.5. In the event of liquidation, bankruptcy, seizure, or suspension of payment of the customer, the claims of i UNE-X against the customer are immediately claimable.
11.6. Objections to the amount of an invoice do not suspend the payment obligation. The customer is also not entitled to suspend the payment of an invoice for any other reason.
12.1. I UNE-X processes personal data in accordance with her privacy policy. The privacy policy can be found on the websites of i UNE-X, see www.iunex.nl/privacystatement and www.iunexinternational.com/privacystatement/.
12.2. The customer treats all personal data of candidates and employees made available to her confidentially and processes this personal data in accordance with the General Data Protection Regulation (GDPR).
12.3. The customer and i UNE-X guarantee that all information received before and after the conclusion of the agreement will remain confidential, unless the law requires this information to be disclosed.
12.4. If, based on a legal provision or a court ruling, i UNE-X is obliged to provide confidential information to third parties designated by law or the competent court, and i UNE-X cannot rely on a legal or recognized right to refuse to testify, i UNE-X is not obliged to pay compensation or reparation and the customer is not entitled to terminate the agreement on the basis of any damage resulting from this.
13.1. I UNE-X is authorized to suspend compliance with the obligations or to terminate the agreement if:
a. The customer does not or not fully comply with the obligations under the agreement;
b. After the agreement was concluded, I UNE-X became aware of circumstances that gave good reason to fear that the customer would not fulfil its obligations. If there is good reason to fear that the customer will only partially comply or not properly comply, the suspension is only permitted to the extent that the shortcoming justifies this;
c. At the conclusion of the agreement, the customer was requested to provide security for the fulfilment of his obligations under the agreement and this security is not provided or is insufficient.
13.2. Furthermore, i UNE-X is entitled to terminate the agreement if circumstances arise that are of such a nature that fulfilment of the agreement is impossible or can no longer be demanded by standards of reasonableness and fairness, or if circumstances of that nature arise otherwise and unaltered maintenance of the agreement cannot reasonably be expected.
13.3. If the agreement is dissolved, the claims of i UNE-X on the customer are immediately claimable. If i UNE-X suspends the fulfilment of the obligations, she will retain her claims under the law and the agreement.
13.4. I UNE-X always retains the right to claim compensation.
14.1. I UNE-X cannot be held to compensate for any damage that is a direct or indirect consequence of:
a. An event that is in fact beyond its control and cannot therefore be attributed to her actions, as described, among other things, in article 15 of these general terms and conditions;
b. Any act or negligence on the part of the customer, her subordinates, or other persons employed by or on behalf of the customer.
14.2. I UNE-X is not liable for damage caused by incompleteness or inadequacy and inaccuracy in the information provided by or on behalf of the customer.
14.3. I UNE-X is not liable for any damage, including imposed fines, which are caused by the failure of the customer to fulfil her obligations arising from the agreement, these general terms and conditions, or the law.
14.4. I UNE-X can never be held liable by the customer for the termination of the assignment by the employee, even if this happens without observing any period.
14.5. I UNE-X does not guarantee the accuracy of the information provided by the candidate or employee. I UNE-X is therefore not liable if it appears that the candidate or employee has provided incorrect and/ or incomplete information to i UNE-X and/ or to the customer.
14.6. I UNE-X is not liable vis-à-vis the customer for damages and losses that the candidate or employee inflicts on the customer or third parties.
14.7. I UNE-X bears no liability for commitments entered into by the employee that bind the customer or third parties.
14.8. I UNE-X is not liable for damage as a result of the deployment of employees who appear not to meet the requirements set by i UNE-X or the customer.
14.9. I UNE-X accepts no liability whatsoever for a fine or periodic penalty payment that the employee charges or for any damage suffered by the customer as a result of the employee invoking any intellectual and/ or industrial property right.
14.10. Liability of i UNE-X for indirect damage, including consequential damage, lost profit, missed savings, imposed fines, reputation damage, labour costs and damage due to business interruption is excluded in all cases.
14.11. If i UNE-X should be liable for any damage, then the liability of
i UNE-X is limited to the amount of the payment made by the insurer of
i UNE-X. If the insurer does not pay by no means, or the damage is not covered by the insurance, the liability of i UNE-X is limited to the amount of the claim, at least to that part to which the liability relates, with a maximum of the amount that has been invoiced for the work in the month in which the event giving rise to the damage occurred.
14.12. The customer must institute all legal claims within 1 year if the customer is not satisfied with the work or the actions of i UNE-X. If the customer does not act on time, the legal claim expires.
15.1. I UNE-X is not obliged to fulfil any obligation if she is prevented from doing so due to force majeure. Force majeure is understood to include: weather influences; flooding; water damage, landslides; natural disasters; terrorism; obstacles by third parties, including those of governments; illness or personal, (family) circumstances of the natural person who executes the agreement on behalf of i UNE-X; obstacles in transport; riots, wars or war dangers; fire; malfunction of the Internet; power failure; computer intrusion; theft; government measures.
15.2. In the event of force majeure, the obligations of i UNE-X will be suspended as long as the situation of force majeure continues.
15.3. In the event of force majeure, i UNE-X has the right to execute the agreement within a reasonable period of time, or, if fulfilment within a reasonable period of time is not possible, to dissolve it wholly or partially.
15.4. In that case, the customer must pay i UNE-X the fees that she owes to i UNE-X that relate to the period before the situation of force majeure.
16.1. Of all documents that i UNE-X uses in the performance of its work, the copyright rests with i UNE-X or its licensor. The customer must respect the copyrights of i UNE-X and her licensors at all times.
17.1. Dutch law applies to all agreements between the customer and
i UNE-X.
17.2. All disputes related to agreements between the customer and
i UNE-X are settled by the competent court in the district where
i UNE-X is located.
