This document contains the text of the Terms and Conditions as used by Rebell Works. These apply to all current and future offers, inquiries, assignments and agreements between Rebell Works and its clients.
If and insofar as Rebell Works engages in one or more of the activities listed below, and an agreement is concluded between Rebell Works and a customer, or a request, offer or assignment is made to that effect, the General Terms and Conditions included in this document will apply, to the exclusion of the customer’s conditions. Deviating terms and conditions only form part of an agreement between Rebell Works and a principal if those terms and conditions are expressly accepted by Rebell Works in writing.
1.1.
Recruitment & selection is the assignment by which Rebell Works selects one or more candidates for the purpose of employment (or a similar form of employment) for a client and introduces them orally or in writing to the client.
Successful fulfillment of the recruitment & selection assignment is achieved when the full number of students is delivered according to the client’s chosen package. A successful match occurs if a candidate proposed to the client by Rebell Works accepts the employment contract (or is otherwise employed).
1.2.
The manner in which the recruitment & selection assignment will be carried out by Rebell Works, the position to which the assignment relates, the applicability of these General Terms and Conditions, the fee and any other details and obligations will be confirmed to the client in an assignment confirmation.
1.3.
The client is not permitted to disclose details of candidates proposed by Rebell Works to third parties without Rebell Works’ prior written consent. If the client does not enter into an agreement with the candidate, the client must destroy the data.
2.1.
Rebell Works works on a “no cure no pay” basis, with fees payable only in the event of successful fulfillment of the recruitment campaign or match. A match means signing an employment contract, internship agreement or assignment agreement of the candidate proposed by Rebell Works, possibly in the manner provided in Article 2.7, or on the basis of a fee to be charged upon successful fulfillment (otherwise).
2.2.
In the case of ‘no cure no pay’ agreed upon, in the event of successful recruitment, a fee based on the package chosen by the client amounts to. These prices are respectively 300, 600 or 1200 euros excluding VAT. In the case of a match, it is agreed the total fee is a fixed amount per month and a percentage of the gross annual salary as indicated in Article 2.3
2.3.
2.3.1
The fee for internships and large assignments of minimum 3 months is 150,- per month + 15% of the fee. This is increased by VAT. The minimum fee for internships is 150,- excl. VAT
2.3.2
The fee for proposing a candidate for a short assignment of minimum 4 hours and maximum 3 months is 15% of the total fee and 200,- one-time mediation fee per match.
2.4.
The fee, plus VAT, is invoiced at the time the employment, internship or assignment agreement is signed by the client and the candidate or, if the agreement is not signed in time, in the first week of the selected candidate’s appointment.
2.5.
The principal, in addition to the rate, owes Rebell Works all costs incurred by Rebell Works for the execution of the agreement, insofar as expressly agreed upon in writing between Rebell Works and the principal.
2.6.
The client is required to provide the information necessary to determine the fee and start date of the candidate selected by Rebell Works as soon as possible, but no later than 14 days after a request to do so by Rebell Works. If the client fails to provide timely, insufficient or incorrect data, Rebell Works is entitled to estimate the amount of the gross fee and invoice in accordance with that estimate.
2.7.
Successful fulfillment of the recruitment & selection assignment also includes the case that a candidate introduced by Rebell Works to the client, enters employment or otherwise and/or, whether through third parties or not, is employed in any way by the client or an affiliated company. Unless the client has made an explicit reservation in this regard in advance, the rate is also payable if the candidate introduced by Rebell Works is known to the client via a job application or otherwise to a greater or lesser extent.
3.1.
The payment term of invoices sent by Rebell Works is 14 days from invoice date. If payment is not made in full within the specified period, the client shall be in default, without further notice of default being required.
4.1
Complaints relating to the manner of execution and the quality of the work performed by Rebell Works must be communicated to Rebell Works immediately and no later than eight days after the work complained of has been performed or should have been performed, motivated and in writing, failing which any right the client may derive therefrom shall lapse. Handling of timely and properly submitted complaints will take place in consultation between client and Rebell Works. Complaints do not suspend the client’s payment obligation.
5.1
If the principal is in default, it shall owe Rebell Works an immediately payable default interest in accordance with the legal interest rate plus two percent (art. 6:119 BW) on the principal amount due per month, whereby part of a month shall be counted as one month. All costs of collection and recovery of the invoice, including judicial and extrajudicial costs, shall be borne entirely by the client.
6.1
Rebell Works is required to make every effort to recruit and select suitable candidates for employment with the client. The client is responsible for the decision to enter into an employment contract with a candidate selected by Rebell Works, as well as for the content of this employment contract. The client accepts that Rebell Works is in no way liable for shortcomings of, and/or damage caused by candidates selected by Rebell Works.
7.1.
Warranty arrangements shall apply only when expressly agreed in advance and in writing. Guarantee arrangements always consist of an arrangement where it is agreed that a portion of the fee is due at the time the mediated candidate is hired and a portion due after the expiration of a pre-agreed period. The latter part counts as a guarantee arrangement. If the mediated candidate is no longer employed by the client after the expiration of this period, the latter portion is not payable.
7.2.
The guarantee scheme does not apply if the candidate is no longer employed by the client due to causes that may be related to changed job content, reorganizations, mergers and acquisitions, departure of immediate supervisor, suspension of payments or bankruptcy of the client.
8.1.
The agreement as well as the order, application and quotation of Rebell Works are fully governed by Dutch law.
8.2.
If the parties cannot reach mutual agreement in the event of differences of opinion regarding the execution and/or interpretation of the agreement, either party shall be free to apply to the competent civil court. Disputes between Rebell Works and the customer arising from the execution of the order will be submitted to the competent court in Arnhem, unless another court is designated on the basis of mandatory legal provisions.
