Algemene Voorwaarden

 

These general terms and conditions apply exclusively to all assignments accepted by Benton BV concerning the recruitment and selection of labor. Deviations from one or more provisions of these general terms and conditions shall only be valid with the express written agreement of Benton BV and shall not affect the application of the remaining provisions of these general terms and conditions.

These general terms and conditions are deemed to be expressly accepted by the Client and shall apply from the introduction of a Candidate to the Client or from the signing of the recruitment assignment if earlier. A Candidate will be considered to have been introduced when Benton BV has provided information about this Candidate to the Client. The general conditions also apply to any follow-up assignments, even if they are given verbally.

The Client shall owe a fee to Benton BV. This fee shall become due and payable on the date of the signing of the work agreement between the Client and the Candidate or on the date of the signing of any other cooperation agreement between the Client and the Candidate or on the Candidate’s start date with the Client, whichever is earlier. Agreed advances and/or additional costs are non-refundable and are always explicitly stated in the recruitment assignment.

Benton BV’s invoices shall be paid within a period of 14 days from invoice date without any deduction, set-off or compensation. If this period is exceeded, the client will owe Benton BV, ipso jure and without prior notice, interest at the rate of 12% per year from the invoice date, as well as liquidated damages of 15% on the unpaid amount, with a minimum of € 250.00, without prejudice to Benton BV’s entitlement to compensation for damages.

If, for a given assignment, the Client decides to recruit or work with several of the Candidates proposed by Benton BV instead of one as contractually provided, the Client shall be required to pay Benton BV the fee provided for in Article 3 for each Candidate thus recruited in accordance with the terms provided.

If the Candidate proposed by Benton BV is not retained by the Client, or if the Candidate rejects the Client’s job offer (or offer of collaboration), and if he is subsequently hired by (or collaborates with) the Client within a period of 12 months from the date of the initial interview, the Client shall be liable to pay to Benton BV the fees provided for in Article 3. The same applies if the Client presents a Candidate selected for him by Benton BV to another person or Company, and if, within a period of 12 months from the date of the first presentation of the Candidate to the Client, the Candidate is hired by (or works with) this person or Company, the Client shall be liable to pay to Benton BV the fees provided for in Article 3.

The Client undertakes to inform Benton BV of any hiring of a Candidate within 7 days, and in particular of the terms of the employment contract approved by the retained Candidate.

The guarantee provided by Benton BV implies that, should the Client or the Candidate terminate the contract even during the contractually agreed guarantee period from the date of entry into force of the labor and/or cooperation agreement, Benton BV will proceed to recruit a new Candidate in accordance with the original recruitment assignment and at no additional cost to the Client, but only under the following cumulative conditions:

The termination of the employment contract is notified in writing by the Client to Benton BV within 7 days following the day on which the employment contract was terminated.

The Candidate is not (re)hired either by the Client or by one of its subsidiaries or another Group Company within a period of 12 months following the termination of the contract.

The Client has in the past punctually made all payments and has punctually fulfilled all other obligations to Benton BV in accordance with the provisions of the recruitment order and of these general terms and conditions. Under no circumstances will the Client be able to suspend or reclaim the fees invoiced and thus due.

The Client agrees to pay any additional advertising, travel and other expenses related to the new recruitment.

The termination of the contract is not due to economic reasons nor to a change of employment

Benton BV makes a best-efforts commitment to do everything possible to ensure the competence of the Candidates proposed to the Client and to maintain high quality service and integrity. However, Benton BV makes no warranty, either express or implied, as to the competence and work of the Candidates proposed to the Client.

Benton BV shall not be responsible to the Client for any damages, losses, expenses, claims or expenses incurred or sustained by the Client as a result of the recruitment or hiring of the Candidates by the Client.

The Client warrants that each Candidate is in perfect compliance with applicable labor laws. If the Client wishes to hire a Candidate who does not have a work permit, the steps to be taken to obtain a work permit or any other authorization shall be at the Client’s expense.

Should one or more provisions of these general terms and conditions lose their effect or be null and void, this shall not affect the validity of the remaining provisions.

Belgian law shall govern all legal relations with Benton BV. The courts of the district of Antwerp shall have exclusive jurisdiction.

To the maximum extent permitted under applicable law, the Client agrees and accepts not to hold the employees, contractors, representatives, and directors of BENTON personally liable for or in connection with the contract. Any (liability) claim for or in connection with the contract (including non-contractual liability claims) shall be brought by the Client exclusively against BENTON, except in cases of fraud, intentional misconduct, or an error that endangers the life or physical integrity of an individual.