Terms and conditions
The present General Conditions of Sale shall apply to all recruitment and interim placement services rendered by Inter Solutions B.V.

Article 1. General definitions

The following terms used in the present General Conditions of Sale will have the following meaning, unless otherwise indicated:
Contracting party: Inter Solutions B.V., a limited liability Company having its registered seat at Amstelveen;
Company: the party with which Inter Solutions has signed a Contract (customer);
Contract: the contract, either written (either by mail or by signed contract) between the Contracting Party and the Company, governed by the General Conditions of Sale and/or the offer to commit to the aforementioned Contract (in a quotation);
Candidate: People presented to the Company based on the assignment given by the Company;
Recruitment/ Interim placement fee: The agreed fee between parties calculated based on the aforementioned General Conditions of Sale or based on an agreed upon different calculation and/or specification. In case of Interim placement services, Inter Solutions is charging an interim placement fee related to the agreed total hourly fee to be charged by the Candidate to the Company for the duration of the interim placement, whilst the Candidate will be invoicing directly to the Company.
Appointment: The agreement offered to the candidate selected by the Company and accepted by the Candidate.
Contracting party and Inter Solutions may hereinafter be referred to as Inter Solutions and the Company, and collectively as “parties”

Article 2. Applicability
2.1 The General Conditions of Sale are applicable to all Contracts issued by Inter Solutions.
2.2 The only way the General Conditions of Sale can be altered (deviated) is by a written communication issued by Inter Solutions.
2.3 The aforementioned Conditions of Sale are also applicable in the case third parties are to be contacted in order to execute the agreement.
2.4 The applicability of terms and conditions issued by the Company are hereby explicitly rejected.
2.5 In the event one or more stipulations of the General Conditions of Sale have been declared null and void, the remaining clauses will be applicable.

Article 3 Materialization of the Contract
3.1 A Contract is only valid if confirmed in writing (by mail or by signed contract) by Inter Solutions to the Company. All prices quoted by Inter Solutions are exclusive of VAT.

Article 4 Recruitment/Interim placement
4.1 Unless otherwise agreed upon in writing, Inter Solutions shall introduce one or more candidates to the Company based on information given by the candidate as well as specific requirements given by the Company.
4.2 After the introduction mentioned in article 4.1, the Company is at liberty to either accept or reject the candidate.
4.3 In the event that the Company decides to hire more than one of the introduced candidates, regardless of the function, the Company will owe a separate fee to Inter Solutions for each appointment, as specified in the Contract.
4.4 In case the Company decides, within a two year period, to make an offer to a candidate initially introduced by Inter Solutions for the original or any other job, the original Contract shall be valid based on the fact that this appointment is the result of efforts made by Inter Solutions as specified in the Contract signed between Inter Solutions and the Company. As a result the Company owes Inter Solutions a fee equal to the one agreed upon in the original Contract.
4.5 The Company is not allowed to pass on written information on candidates specified by Inter Solutions, such as curriculum vitae, etc., to third parties.
4.6 The Company shall be responsible for the final choice of a candidate and is responsible for the verification of the information provided by the candidate. Eventual costs of assessments, advertising, travelling expenses and other costs to be made at the request of the Company, shall be exclusively bourne by the Company.
4.7 Inter Solutions shall not be held responsible for improper conduct or negligence, including damages, caused by candidates who have entered into an agreement based on the assignment issued by the Company.
4.8 After the Company has entered into any agreement with the candidate, the Company shall notify Inter Solutions of such agreement within 7 working days.

Article 5 Recruitment/Interim placement Fee
5.1 The recruitment/interim placement fee shall be based on a percentage of 25 % of the agreed upon fulltime annual remuneration package plus the applicable VAT, unless otherwise agreed. The annual salary shall include holiday allowances and possible commissions, guarantees, profit sharing schemes and bonuses. In case a so called OTE (On Target Earnings ) applies, this shall be taken as the base for calculating the recruitment/interim placement fee.
5.2 Any deviation from the agreed recruitment/interim placement fee as mentioned in article 5.1 has to be laid down in a written agreement (either by mail or in a signed contract).
5.3 In case the Company decides to terminate the Contract, the Company shall inform Inter Solutions as soon as possible but within 7 working days. This shall also apply if the Company has recruited a candidate through a different source.

Article 6 Guarantee arrangement
6.1 In case the employment/interim Contract is terminated within the probationary period, Inter Solutions shall fill the job opening through a fresh search. This new search shall be executed on a free of charge basis. This guarantee is only valid if the original recruitment/interim placement fee has been paid in full.
6.2 This recruitment/interim placement guarantee does not apply if the employment Contract has been terminated for the following reasons:
• Deviation from the original job description, place in the organization and responsibility;
• Reorganization and redundancy of the position;
• Change of address of the hiring Company;
• Other changes made by either the Company or employee and which were not known to Inter Solutions or for reasons which normally would be the full responsibility of the Company.

Article 7 Fee and payment
7.1 Inter Solutions will invoice it services in part (1/3) through a retainer fee at signature of the Contract as well as (2/3) upon signature of the employment agreement between the Company and the Candidate, unless otherwise agreed in writing.
7.2 Invoices issued by Inter Solutions are payable within 14 days after the date of the invoice.
7.3 In case the Company does not pay the invoice(s) within the stated payment term, the Company will be billed interest at the legal interest rate as mentioned in article 6:119a of the Dutch Civil Code.
7.4 In addition, the Company is liable for any expenses related to bill collecting and related legal fees.
7.5 When calculating the legal interest rate, part of a month shall be counted as full. Bill collection fees are at least 15% of the outstanding debt, with a minimum of € 500, 00.

Article 8 Confidentiality
8.1 Both parties are obliged to maintain the highest level of confidentiality regarding all information which they have received from each other or obtained from other sources.
8.2 Information is supposed to be confidential if so informed by the other party or if this is a result of the source of the information.
8.3 In case Inter Solutions has to submit confidential information to a third party, Inter Solutions cannot be sued for damages and the Company does not have the legal right to terminate the Contract.

Article 9 Termination of the Contract
9.1 Termination of the Contract is takes place by law (van rechtswege) when the Company has either filled the job opening or withdrawn the assignment, irrespective of the way this has been carried out. In case parties have agreed on the payment of a retainer fee, the Company will still owe this retainer to Inter Solutions, regardless of whether the vacancy was filled or not.
9.2 In case a Contract is terminated by Inter Solutions, the Company is obliged to indemnify Inter Solutions for all expenses, especially wages, made during the actual duration of the Contract.
9.3 Termination of the Contract will take place through a written communication (by registered letter) without Inter Solutions being liable for payment of damages.
9.4 All outstanding invoices issued and to be issued by Inter Solutions to the Company will become due immediately.

Article 10 Non discrimination
10.1Each Candidate will have equal opportunities in the recruitment by Inter Solutions, regardless of his/her age, sex, marital status, sexual orientation, conviction or beliefs, political ideas, race, ethnic origin or nationality, without prejudice to the objective and actual job requirements and provided the Candidate meets the requirements of the assignment.

Article 11 Governing laws and dispute resolution
11.1 All disputes arising between Inter Solutions and the Company shall be governed by and construed in accordance with the laws of the Netherlands.
11.2 Disputes shall be exclusively submitted to the competent court residing in Amsterdam, the Netherlands.