Terms & Conditions

General Terms & Conditions – Clean Globe Staffing B.V.

1. Clean Globe Staffing B.V., (hereinafter: the “Contractor”) is registered at the Chamber of Commerce in Amsterdam, the Netherlands under number 83546243 and is professionally engaged in principal with the recruitment, selection, introduction and mediation of persons (hereinafter: “Candidate”) to companies and other entities in whichever (legal) form (hereinafter: the “Principal”), which introduction has the objective that the Candidate directly or indirectly via a (temporary) employment agreement, management agreement, or via whichever other (contractual/legal) construction, signs an employment contract to work for the Principal (hereinafter: “Employment relation”).

2. Vacancies at the Principal for permanent or interim candidates are always accepted for an exclusivity period of one month per function, unless otherwise agreed in writing.

3. A Candidate will be introduced strictly confidentially to the Principal. If violation of this stipulation by an act or omission (directly or indirectly) by the Principal leads to an Employment relation between a Candidate and a third party (including an enterprise or other entity affiliated with the Principal), then the Principal shall be liable to pay to the Contractor the fees according to these GTC, as if an Employment relation would have emerged between the Principal and the Candidate.

4. A Candidate is deemed to have been introduced to the Principal the moment on which the Contractor provides information (in this meaning: CV) to the Principal related to that specifically introduced Candidate. If within twelve months after the Contractor has introduced a Candidate to the Principal, in whichever manner an Employment relation is concluded between the Principal and that introduced Candidate, irrespective of whether there is an instance of a trial period or a temporary or flexible employment relation, then the Contractor is entitled to the fees referred to article 7 of these GTC. If the introduced Candidate is already known to the Principal, the Principal shall make this known immediately after introduction and show proof that the Candidate and CV were already introduced.

5. The fees referred to in these GTC to be paid by the Principal to the Contractor are a percentage of the annual income of the Candidate. The definition of an annual income is the gross taxable compensation or base year salary (without any extra payments – i.e. bonus(es), overtime payment(s), any other monetary benefits etc.) (hereinafter: “Annual Income”). The Principal shall if so requested make available a overview of the total compensation offered to the Contractor from which the aforementioned Annual Income of the Candidate can be calculated.

6. If an Employment relation with an introduced Candidate is concluded, then the Principal shall notify the Contractor hereof directly in writing, as well as of the content of that Employment relation. Upon request of the Contractor, the Principal shall send documents from which this Employment relation shows. The Principal needs to ensure that he shall have informed the Contractor within three weeks after the Employment relation between the Principal and the Candidate has started. If the Principal omits to do so, then he is liable to pay immediately to the Contractor a compensation of 30% of the Annual Income of the Candidate reasonably to be expected.

7. The Fees due to the Contractor (no VAT is applicable) amounts to, unless explicitly agreed differently in writing by the Contractor and the Principal:

• Bracket 1. 25% of the Annual Income if that Annual Income is between € 0. – and €79.999,-;
• Bracket 2. 27.5% of the Annual Income if that Annual Income is between €80.000,- and €124.999,-;
• Bracket 3. 30% of the Annual Income if that Annual Income is above €125.000, -;
• Bracket 4. Executive Search. 30% of the Annual Income, from €125.000,- and up, combined with a vacancy containing, but not limited to the following titles: ‘’Executive’’, ‘’Director’’ , ‘’Manager’’ , ‘’Head of -function title-‘’. With bracket 4 a maximum fee of €100.000,- is applicable.
• In all cases there is a minimum fee applicable of €17.500

8. The Contractor applies a payment term of 14 days after the Contractor has sent the invoice to the Principal. The full invoice, in case of Bracket 1,2 and 3, will be send after the signing of the Employment contract. If Bracket 4 is applicable payment is divided in two separate payments; a retainer and the remainder of the fee:
   
   

• With the acceptance of a vacancy offered by the Principal, the Contractor will become eligible for payment of 30% of the total expected Fee, realistically determined on the salary range provided by the Principal

• After signing an employment contract offered to the Candidate by Principal, an invoice will be sent for the remaining amount of the fee; determined by the Annual Income defined in the employment contract of the Candidate
  
  If the Principal has still not paid after these 14 days and the Contractor has not received the due amount within these 14 days on the bank account number stated by the Contractor, then he will declare the Principal in default in writing, after which the Principal is in default and obliged to pay to the Contractor a default interest in the amount of 12,5% above any fee regarding the respective candidate by law (see article 6:119a Dutch Civil Code).

9. Should within eight weeks after the start of the Employment relation this be terminated after all, initiated by the Principal or the Candidate, then the Contractor shall offer to the Principal a so- called repayment arrangement. This will be an amount that is equal to 12,5% of the Appointment Fee charged by the Contractor, for each week in that period of eight weeks that the Candidate has not worked. If after the signing of an employment contract the candidate will for whatever reason not start at the Principal; Contractor will replace this candidate within 6 months after the notification that the initial candidate will not start. The Principal will also have the option to use the invoiced amount as credit for other vacancies the Principal might have.
   
   
   
10. When a collaboration is initiated between the Principal and the Contractor by the signing of these GTC, the Principal either directly or indirectly or otherwise employs the services or makes an offer for an Employment relation in writing to an employee of the Contractor or uses or hires the Services of an enterprise or limited company as a consequence of the fact that an aforementioned employee has become a director, manager, attorney-in-fact or employee thereof, then the Principal is liable to pay directly a compensation of €55.000,- to the Contractor. Only after 12 months after ending this contract in writing, the Principal is allowed to hire or employ employees or former employees of the Contractor.

11. Dutch law is applicable to all agreements referred to by these general terms and conditions, irrespective of the place where these activities will have to be carried out. Any disputes will be settled in the Court of Amsterdam.