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GENERAL DELIVERY AND PAYMENT CONDITIONS

General Terms and Conditions Heiwegen Consultancy 2018

Article 1 – Definitions
Client means one who gave the assignment. Agency means Heiwegen
Consultancy bvba who accepted the assignment, or possible subsidiaries of
Heiwegen Consultancy bvba Assignment means all the to deliver or delivered
services from the agency to the client. Commitments arising from agreed
arrangements between the agency and the client will be considered as ‘effort
commitments’. This in tales that the agency is obliged to use a sufficient degree
of exertion towards the client as the client of the agency reasonably might
expect.

Article 2 – General
a. These terms and conditions are applicable to all (further) arrangements
agreed to by the client and the office concerning services executed by the
office.
b. Conditions deviating from these conditions are only binding, if and
insofar the agency has confirmed this written and this shall only apply
to the agreement which they have made.
c. If a Heiwegen Consultancy bvba offered candidate signs a labor
agreement, or in any way will do paid work for the initial client, or
another department within the same firm, or parent organization or
subsidiary, the same agreed rates will apply as agreed in the
assignment confirmation between the initial client and Heiwegen
Consultancy bvba

Article 3 – Conclusion of the agreement
a. An agreement as intended as the previous article a. is supposed to be
concluded after the acceptance of an assignment confirmed in writing by
the agency.
b. Changes of and additions to an existing agreement can only bind
parties, after these changes and/or additions are confirmed in writing by
the agency .
c. If the assignment is only confirmed by the agency, and if the client does not
make a written objection, the contents of this agreement will bind both parties.
d. By client, after providing assignment, still desired changes in the execution of the
agreement must be timely and in writing notified to the agency by the client. Are
they orally or by telephone communicated, then the risk for the implementation of
the modifications are on behalf of the client.
e. Modifications , applied in a previously provided assignment, can result in
exceeding the previously agreed delivery time by the agency, outside its
responsibility.

GENERAL DELIVERY AND PAYMENT
CONDITIONS of Heiwegen Consultancy bvba
General Terms and Conditions Heiwegen Consultancy 2018

Article 4 – Rates
a. The client owes the agency a remuneration according to the
signed assignment confirmation by the agency.
b. The agency is entitled to review its rates annually (per 1 January).

Article 5 – Payment conditions
a. Payment of invoices of the agency should not be entitled to the right of
offset, and without deduction of any (payment) discount, should be paid
within 21 days after invoice date.
b. In the absence of timely payment, the client owes, without any warning or
notice is required, commencing 15 days after the invoice date on the
principal amount or the unpaid portion, an interest of 1% per month. For
calculating the interest, a part of a month is considered as one whole month.
c. All costs, both judicial and extrajudicial, relating to the recovery of the principal
amount that is not timely paid, are at the expense of the client. The extrajudicial
costs are fixed at at least 15% of the owed principal amount, with a minimum of
€ 250, -.
d. In case the client is in default, the office has the right of retention, except
where the law prohibits this. In case of non-payment of client the agency is
entitled to wholly or partially suspend the proceedings, until payment has
been made.

Article 6 – Copyright and Right of Ownership
a. Of all documents, including any designated (if any) recruitment expressions,
whereof agency in the performance of its operating activities, consents the
copyright of the agency or of the suppliers of the agency, whereof the agency is
the license holder.
b. In Article 6 paragraph a referred documents, as it relates to recruitment and
selection procedures, are owned by the agency. Partly to protect the privacy
of applicants the agency is never held to issue such documents or copies to
the client.
c. The client is not permitted to use creatives developed by agency or the
suppliers of the agency, under its own name.

Article 7 – Execution of proceedings
a. Agency obliges itself towards the client to execute its assigned work to the
best and without undue delay. The time that the assignment will require is
only an approximation.
b. The consultants responsible for the execution of the proceedings will
not prematurely replaced by (an) other consultant(s), unless special
circumstances. For example, prolonged illness, termination of
employment by the agency, or at the urgent request of the client, if
required.
c. The replacement of the consultant(s) shall be in consultation with the client. The
agency obliges itself to disclose any part of the contract concerning the
received data of the business of the client, which they may suspect to be
confidential in nature, and undertakes its staff to impose the same
confidentiality.
d. Data on applicants must be treated confidentially and must not be passed
to third parties.
General Terms and Conditions Heiwegen Consultancy 2018

Article 8 – Liability
a. The agency is only liable towards client for the damage it suffers as a direct result
of mistakes made by the agency or by the persons in its service committed during
the fulfillment of contract, if and to the extent that such faults under normal
conditions, in normal expertise and subject to normal care and method of
execution could have been avoided, and subject to the limitations described in
the following paragraphs.
b. In determining the way of compensation to be paid by the agency, the more
or less serious nature of the error must be taken into account which the
damage is the direct result, in that sense that this amount proportionally
decreases as the error is less serious. In determining the severity of the
error, the consequences of the error only apply to the extent if the agency
reasonably should have foreseen.
c. The total damage to be compensated by the agency is limited to the
amount of her accruing fees for the assignment.
d. The office shall never be liable for damage resulting from the inadequacy
or absence of the agency´s evaluated candidate, or other consequential
damages.
e. When the duration of the assignment is exceeded, the client may never claim
upon cancellation or compensation, except where the agency knew or should
have known that when exceeded the agency caused insurmountable
difficulties for the client.
f. The agency is never liable for, not properly or timely execution of his legal
orders as a result of force majeure, in the broadest sense of the word,
disruptions in the business of the agency when delivery, strikes, sickness
or accident, government measures as well as other unforeseen events in
the business of the agency and companies, which the agency is
connected with during the assignment.
g. For inaccuracies in the assignment or instructions that the client
provided to the agency, the agency is not liable.
h. The agency is not liable for damages, which the client or third parties
suffers, caused by the fault or negligence of the agency, including without
understood fault or negligence and intent of the agency by or on behalf
of employees.

Article 9 – Complaints
a. Complaints must be made in writing within 8 days after signing
the contract confirmation.
b. Defects of a part of the delivered assignment do not give the right to
cancel the whole contract or non-payment of the invoice.
c. The client should enable the office to repair the damage, or limit through
a new delivery.
d. The above applies, except in the case of intent, also with regard to the direct
liability of persons who are employed by the agency.

Article 10 – Default
In case of default, bankruptcy, moratorium or guardianship of the client or cessation
or liquidation of his business, shall be deemed to be legally in default. Then the
agency is entitled, without notice of default or judicial intervention the agreement or
an unexecuted portion (extrajudicial), to dissolve the agreement, or to suspend its
execution, without prejudice to its right to compensation.
General Terms and Conditions Heiwegen Consultancy 2018

Article 11 – Applicable Law
With the agency agreed contracts Dutch law is applicable.

Article 12 – Disputes
All disputes arising out of or in connection with agreements to which these
General Conditions apply, shall to the extent the law allows, be subject to the
judgment of a competent Dutch court.
General Terms and Conditions Heiwegen Consultancy 2018
General Terms and Conditions Heiwegen Consultancy 2018
General Terms and Conditions Heiwegen Consultancy 2018

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