General Terms and Conditions

Version 20240410

Article 1: Definitions

Unless otherwise indicated, the terms below have the following meanings:

General Terms and Conditions: the rules and agreements that are on this page and that apply to the use of our services at Globalworkjourney, part of CareerPlaza Group B.V.. These conditions tell you what you can expect from us and what we expect from you.
We, us, or our: CareerPlaza Group B.V., legally located in Culemborg (4104 AN) at Nijverheidsweg 7, registered at the Chamber of Commerce under number 30274364, also trading as Globalworkjourney.
You: every natural legal person who enters into an Agreement with us, wants to enter into one, or has entered into one.
Backoffice partner: the organization we work with to provide administrative and support services related to staffing processes, including but not limited to payroll administration, contract management, and compliance with labor laws.
Services: everything we do for you under an agreement.
Candidate: a natural person that we recruit and select for you based on an agreement.
Proposed Candidate: a Candidate that we introduce to you (directly or indirectly) as a potential employee, based on our Agreement.
Quote: any offer we make to you, whether verbal or in writing.
Client: any natural or legal person who enters into an Agreement or Hiring Agreement with us or intends to do so.
Agreement: any arrangement you make with us. This includes all types of services we provide, plus any change or addition to them, and everything we do to prepare for and execute that arrangement.
Hiring Agreement: the agreement between the backoffice partner and you, wherein we make temporary workers available to work for you, for which you pay.
Parties: this refers to both you and us together. When we talk about one of us, we call it 'party'.
In Writing: anything that is put on paper or sent digitally, such as by email or another electronic method.
Provision: making a Temporary Worker available to you by us, through our Backoffice partner, under the terms of an Agreement. This Temporary Worker performs tasks under your supervision and direction.
Temporary Worker: any natural person who, through us and our Backoffice partner, works under a Temporary Employment Contract to perform tasks for you, under your supervision and direction.
Temporary Employment Contract: the employment contract of the Temporary Worker as referred to in Article 7:690 of the Civil Code
Compensation: the amount paid by you to us for providing services, including but not limited to recruitment and selection services and the provision of personnel.

Article 2: General

Our General Terms and Conditions apply to all offers, agreements, and services we provide to you. They also apply to any new arrangement we make together.
Any General Terms and Conditions from your side are not accepted.
Deviations from the Agreement or the General Terms and Conditions are only valid if they are agreed upon in writing.
If certain parts of the General Terms and Conditions are wholly or partially invalid at any time, the rest remains applicable. We will make replacement arrangements that match as closely as possible the original intent of the invalid parts.
If we do not always strictly adhere to these General Terms and Conditions, it does not mean that they do not apply or that we lose the right to demand strict compliance in the future.
If we deviate from these General Terms and Conditions in one or more Agreements with you, it does not affect the applicability of the conditions on previous or subsequent Agreements between us.
You agree in advance that we may transfer the Agreement to someone else. You cannot transfer the rights or claims you have from this Agreement or the General Terms and Conditions to a third party.
We may adjust these General Terms and Conditions whenever we find it necessary. The latest version is always available on Globalworkjourney.com. If you disagree with a change, you must inform us within a week after being notified. If you fail to do so, the change will apply. If we cannot agree on a change, both you and we may decide to terminate the Agreement.
If agreements between us conflict with (new or amended) laws, regulations, or government measures, we will make new arrangements that comply with these laws and regulations but also aim to achieve the same purpose and effect as the original agreements as much as possible.
For fulfilling our agreements under the Agreement, we may enlist the help of other companies or individuals. You hereby agree to this in advance.

Article 3: Recruitment

The fee is either a fixed amount or a percentage of the candidate's full-time annual salary, including holiday pay. Any deviating arrangements are made in writing.
You decide whether you want to offer an employment contract to a candidate we propose, as part of our recruitment and selection service.
If a candidate approaches you directly after we have informed them about a vacancy with you, but before we have formally nominated the candidate, the candidate is considered as proposed by us if we can demonstrate with emails or conversation recordings that there was a direct referral from our side. This evidence must be acceptable to both parties. In such a case, the terms of the Agreement, including the agreed fee, apply.
If you had demonstrable contact with the proposed candidate within twelve weeks before our formal nomination, the candidate is not considered as proposed by us, and the fee is waived. It is up to you to prove this contact, and this proof must be accepted by both parties.
If a proposed candidate does not sign the employment contract or if it is terminated within 30 days after the start, and a fee has already been invoiced, then the charged fee by us is waived. In that case, we will issue a credit note and refund the already paid fee to you.
You are required to inform us within 14 days about entering into an employment contract with a candidate we proposed.
If you fail to inform us within the stipulated 14 days about entering into an employment relationship with a proposed candidate and you start an employment relationship with this candidate within twelve months of our nomination - including candidates originally rejected or unanswered - you owe us a fee of 35% of the candidate's last proposed gross annual salary, including emoluments. This also applies if you introduce the candidate to third parties within this period without paying the agreed fee.
In case of non-compliance, a penalty as described becomes payable, with a minimum fee of €10,000. If no agreement has been reached over the salary, the last proposed salary or, failing that, a market-conforming annual salary will be considered. Imposing this fee does not affect our right to demand compliance with the agreement or to claim full compensation.

Article 4: Provision

In the case of provision of personnel, we work together with our Backoffice partner. For these services, not only our General Terms and Conditions apply, but also the General Terms and Conditions of our Backoffice partner. Should there be differences or conflicts between our General Terms and Conditions and those of our Backoffice partner, then the General Terms and Conditions of our Backoffice partner prevail. We will provide you with both their General Terms and Conditions and a separate hiring agreement when entering into the provision of personnel.

Article 5: Quotes and Formation of Agreement

Our quotes are non-binding, and we can withdraw them at any time, even if a term for acceptance is specified in the quote. We can also withdraw our offer or the quote immediately after acceptance, unless we have already started execution.
An offer from your side can only be accepted if it is made in writing.
All amounts mentioned in Quotes, Agreements, and other communications are exclusive of VAT, unless explicitly indicated otherwise.

Article 6: Termination of Agreement

In addition to the termination possibilities already specified in the agreement, each party can immediately terminate the agreement if:
1. the other party fails to comply with the agreements;
2. the other party ceases its business, makes a deal with all creditors, is dissolved, or goes into liquidation; or
3. bankruptcy is filed against the other party.
All amounts invoiced to you before the termination must be paid immediately upon termination.
Terminating an Agreement does not alter the rights and obligations applicable to candidates we have already proposed before the date of termination. These remain unchanged.

Article 7: Payment

Invoices must be paid within days of the invoice date, unless explicitly agreed otherwise.
If payments are late, we will send you a written reminder and give a reasonable period to make the payment. If payment is still not made after this period, we reserve the right to claim the outstanding amounts.
All costs associated with collecting outstanding invoices are entirely for your account. The compensation for extrajudicial collection costs is set at a minimum of 15% of the amount due excluding interest, with a minimum of €250 per claim. This fee is due immediately as soon as we engage legal assistance or hand over the claim for collection, without the need for further evidence. Should the actual costs exceed 15%, we reserve the right to charge these higher costs to you.

Article 8: Identification and Privacy

We handle all personal data confidentially and process it in accordance with the General Data Protection Regulation (GDPR). The associated agreements are outlined in our Privacy Policy, of which you have a copy and to which you have agreed.
You provide or request personal data only to the extent that you are authorized to process it according to the GDPR.

Article 9: Liability

Our liability for direct damage as a result of our services only applies if the damage is the direct result of our intentional fault or gross negligence. This liability is in any case limited to the value of the services delivered that the claim relates to. For all other cases, including indirect damage such as lost profit, loss of revenue, or damage due to business interruption, we exclude any liability.
You indemnify us against all claims, costs, damages, or losses arising from acts, negligence, or defaults of candidates we have proposed and who have entered into your service or have been made available to you, except for claims arising from our intentional fault or gross negligence.
Any damage claims must be submitted to us in writing within a reasonable term, but no later than 30 days after the discovery of the damage.
We are not liable for any failure to perform our services due to force majeure, including, but not limited to, natural disasters, war, strikes, and government measures.
The termination of an Agreement does not affect the rights and obligations applicable to candidates we have proposed prior to the termination date. These remain unchanged.

Article 10: Confidentiality

Both parties commit to not disclosing or using any confidential information about each other without the prior written consent of the other party. 'Confidential information' includes all information that is considered confidential or can reasonably be considered as such, including, but not limited to, personal data as defined in the GDPR.
This obligation of secrecy does not apply insofar as the provision or disclosure of information is necessary for the correct execution of the Agreement, or when disclosure is legally required or permitted on the basis of a court order. In such cases, the provision or disclosure of information should be done in the least extensive or burdensome manner for the other party.
All information exchanged during the recruitment process must be treated confidentially by you. This information may not be shared with third parties without our written consent.
The obligation of confidentiality remains in effect during the term of the Agreement and after its termination, for as long as the relevant information can be considered confidential.

Article 11: Applicable Law and Competent Court

This agreement is governed by Dutch law.
For all disputes arising from this agreement, only the court in Utrecht is competent.