COMPENSATION OF SANDER & PARTNERS
NO CURE NO PAY
The fees of Sander & Partners BV correspond to a percentage of the total expected annual package of the first year of the selected Candidate (as an employee or self-employed person). The fees are calculated based on a full year, regardless of the number of hours worked (part-time / full-time).
The relevant reference salary will take into account representation fees, guaranteed or potential bonus and other benefits granted. The additional costs added to the gross annual salary for a company car are estimated at € 7 000.
A guarantee period of 2 months is included (these conditions are described in article 10 of the general terms and
GENERAL CONDITIONS FOR THE PROVISION OF SERVICES
A. SCOPE OF APPLICATION OF THE GENERAL TERMS AND CONDITIONS
1. These general terms and conditions relate to the recruitment mission(s) (hereinafter “the Mission”) entrusted by the Client to Sander & Partners (hereinafter “the Company”) with its registered office at Avenue Louise 523, 1050 Brussels and registered with the Crossroad Bank for Enterprises under number BE 0736.369.659.
2. The signature by the Client of the Service Order addressed to him/her by the Company (“Service Order”) serves as proof of the Agreement with the Client and the acceptance of the Mission on the basis of the Service Order. The same applies to confirmation by the Client of the terms and conditions of the Mission sent to the Company by e-mail.
3. All Missions accepted under the conditions described above are subject to these General Terms and Conditions to the exclusion of any other purchase or other conditions of the Client.
B. THE EXECUTION OF THE MISSIONS AND THE CONDITIONS GIVING ENTITLEMENT TO PAYMENT OF FEES
4. The mission entrusted to the Company consists in proposing to the Client a candidate (hereinafter referred to as “Candidate”) who could meet the job description required by the Client on the basis of the data and information communicated by the Client to the Company. In this context, the Company shall make every effort to fulfil its Mission to the best of its ability, but without being bound by any obligation of result towards the Client.
5. Unless otherwise agreed in writing between the parties prior to the performance of the Mission, the Mission shall be exclusive for the Company for a period of eight weeks, starting from the date of signature of the Service Order. This means that during this period the Client undertakes not to entrust the recruitment Mission to a third party and not to take the necessary steps to recruit itself by means of a selection within or outside the Client’s company. In the event of recruitment in violation of the exclusivity clause, the Client shall owe the Company the fees set out in the Service Order.
6. The conclusion of an employment, service or cooperation agreement (irrespective of the qualification given to this agreement) (hereinafter referred to as “Agreement”) between the Client and the Candidate entitles the Company to the fees referred to under point C. in accordance with the conditions set out in the Service Order.
7. The proposal of a Candidate shall be final when the Company has communicated all the information it has collected regarding this Candidate, summarized in a curriculum vitae drawn up by the Company (hereinafter referred to as “Curriculum Vitae”) to the Client. If the Candidate proposed by the Company is not selected by the Client or if the Candidate refuses the employment offer (or cooperation) made by the Company and, within 12 months from the date on which the Curriculum Vitae of the Candidate is first submitted to the Client, is employed (or cooperates) by/with the Client (or a natural or legal person linked or related to the Client), the Client shall to pay to the Company the fees referred to under point C.
8. Each proposal of a Candidate by the Company is confidential. Therefore, if the Client submits a Candidate selected for it by the Company to another natural or legal person, and if the Candidate is hired (or cooperates with this Company) by this person or company within 12 months from the date of the first submission of the Candidate’s Curriculum Vitae to the Client, the Client shall owe to the Company the fees referred to in section C.
9. If the Client decides to recruit (or co-operate with) several of the Candidates proposed by the Company, the Client shall owe the fees referred to under point C. to the Company for each of the Candidates concerned.
10. The Client benefits from a guarantee period under the conditions defined in the Service Order.
10.1. The warranty period begins on the date the Agreement between the Client and the Candidate takes effect: the Candidate’s start date.
10.2. The Company offers its clients a guarantee period as stipulated in the Service Order. If, for reasonable and justified reasons relating to the qualifications, professional ability or conduct of the Candidate presented and other than in cases of force majeure, the employment of – or collaboration with – the Candidate is terminated during the period (stipulated in the Service Order) following the commencement of the activity, the Company will reimburse the client the remuneration paid to the Company for the recruitment of the Candidate in proportion to the number of weeks remaining to be worked by the Candidate within the period stipulated in the Service Order and referred to above. The Company’s guarantee cannot be invoked in the event of dismissal for economic reasons or if the guarantee is invoked more than ten working days after the end of the collaboration between the client and the candidate. The present guarantee applies in the same way in the event of termination of the collaboration at the initiative of the candidate, for whatever reason, except in the case of restructuring by the Client.
11. The Client undertakes to inform the Company in writing, within a maximum period of 14 calendar days, of any commitment of the Candidate(s). In doing so, it shall communicate a copy of the Agreement to the Company. If the information is not provided within the required period, the Company reserves the right to charge a fee as follows: 40% of the expected fee for the first year of the Agreement or a fixed amount of € 25,000.
C. FEES AND INVOICING
12. The fees relating to the Mission are set out in the Service Order. They are calculated as a percentage applied by the Company to the Candidate’s annual gross remuneration calculated over a full year, as stipulated in the Agreement and represent 25% on a standard basis. The fees of Sander & Partners BV correspond to a percentage of the total expected annual package of the first year of the selected Candidate (as an employee or self-employed person). The fees are calculated based on a full year, regardless of the number of hours worked (part-time / full-time). The relevant reference salary will take into account representation fees, guaranteed or potential bonus and other benefits granted. The additional costs added to the gross annual salary for a company car are estimated at € 7 000
13. If the Candidate is recruited as an employee, the remuneration on the basis of which the Company’s fees are calculated includes, in addition to the basic salary, all benefits in kind or other compensation components (including, but not limited to, any representation allowances, a certain or conditional bonus, a company car, pension insurance, etc.). The benefits in kind will be evaluated in the Service Order.
14. If the Candidate performs activities as a self-employed person for the Client, the remuneration used as the basis for the calculation of the Company’s fees is the full remuneration for the services mentioned in the Agreement (1800 hours and any other taxes, excluding VAT).
15. The invoice will be issued by the Company as soon as the Agreement has been concluded. Invoices are payable immediately upon receipt of the invoice. Any invoice that is not paid on the due date will be increased ipso jure and without reminder or notice of default by a fixed compensation equal to 10% with a minimum of 100 euros, and a contractual interest of 10% per year.
16. The Company reserves the right to request the payment of an advance before the start of the Mission, in accordance with the conditions stated in the Service Order.
17. If the Mission is extended to other services performed by the Company, a new Service Order shall be drawn up setting out the financial conditions and the modalities for the performance of these services.
D. INTELLECTUAL PROPERTY
18. The Sander & Partners website, accessible at the following address: www.sanderandpartners.com, the elements that make up the website and any other documents that the Company will transmit to the Client are protected by intellectual property rights, i.e. copyright, trademark and/or design rights. The Company is the sole owner of the intellectual rights over these creations. The Company grants the Client a non-exclusive right to use these creations for consultation and internal use. Any other use (such as reproduction, distribution, communication to the public, adaptation or any other exploitation) is not permitted without the prior written consent of the Company and shall be regarded as an infringement of the intellectual property rights of the Company.
19. Under no circumstances shall the Company be liable to the Client for any damage, loss, costs or expenses of any kind incurred by the Client in connection with the conclusion of the Contract or the period prior to the employment.
20. The Company selects Candidates based on the profile and the information provided by the Client. In this respect, the Company will use its best efforts to ensure and maintain a high level of quality, professionalism and integrity of service, but it cannot be held liable for any direct or indirect damage resulting from the following circumstances: (i) an error in the Candidate’s references with regard to his qualifications, skills, personality, experience, etc. (ii) a failure by the Candidate to comply with legal and/or medical requirements relating to the professional activity; or (iii) the use of false information or omission of information by the Candidate.
F. ANTI-CORRUPTION LEGISLATION
21. The Client agrees:
(a. ) to comply with all laws, rules and regulations relating to the fight against corruption and to ensure that its employees, directors and third parties comply with all laws, rules and regulations relating to the fight against corruption and to ensure that neither they nor any of them offer, promise, give or accept to give to a person either for themselves or for another person, any gift, payment, quid pro quo, facilitation payment, financial or non-financial benefit or advantage of any kind whatsoever that is unlawful – or corrupt (together a “bribe”) under the laws of any country, directly or indirectly, under the Agreement with the Client or any other agreement that exists now or would exist in the future with the Company; and
(b) promptly notify the Company of any request or offer of bribery in connection with the performance of the Agreement with the Client (“the Anti-Corruption Obligation”) and, more generally, notify the Company’s legal representative in writing of any act of corruption of which he or she has become aware in connection with the performance of the Agreement with the Client.
G. APPLICABLE LAW – COMPETENT COURTS
22. All disputes relating to the validity, interpretation, performance and termination of the Contract with the Client fall under the exclusive jurisdiction of the Dutch-speaking Company Court in Brussels.
23. The Contract is subject to Belgian law.