Terms & Conditions


Human Resources, Recruitment, Selection, International Mobility

and Advisory Services

The General Terms and Conditions of Globalize HR apply to human resources, recruitment, selection and placement of workers (and related services) by Globalize HR B.V., unless otherwise agreed or confirmed. These terms and conditions are based on the General Terms and Conditions for the placement of permanent staff. By accepting Globalize HR services, an assignment (agreement) exists between you and Globalize HR, to which these general terms and conditions apply. The main subjects of the general terms and conditions are briefly explained below.


Advisory Services

“Services “means the services which the Company Globalize HR is contracted to complete, and which are set up in writing between the parties and which may include but are not limited to Human Resources (HR) guidance, advisory, recruitment, international mobility services, immigration services, processes, procedures or other documentation relating to the employment, employment cycle of individuals within the client’s business and any other work or service that Globalize HR may undertake from time to time.


Recruitment

Globalize HR will make efforts to find you a suitable candidate  in good time, who will continue to work for you for the agreed period. Globalize HR is also dependent on the client, the nature of the work and the candidates’ wishes. You decide for yourself whether to deploy a candidate nominated by Globalize HR to offer them an employment contract. If Globalize HR’s recruitment and/or selection efforts lead to an employment contract between you and the candidate, you pay a one-time fee per placement.

During a direct employment contract between you and the candidate, an assignment for a fixed or indefinite period is established.. A one-time fee per placement is charged for recruitment and selection (aimed at an employment contract between you and the candidate).


Placement fee

The recruitment and selection provided by Globalize HR is aimed at an employment relationship between the client and the candidate based on the following:

  1. Every recruitment and selection assignment aimed at an employment relationship between the client and the candidate is established when the client enters or will enter into an employment relationship with a candidate.
  2. The client and the candidate decide whether and, if so, under which conditions they wish to contract and maintain an employment relationship.
  3. The one-time placement fee for recruitment and selection aimed at an employment relationship with a candidate is a 30% fee of the base gross annual salary, including holiday allowance, applicable for the candidate’s job based on a full-time employment contract or if different, the fee shown in the order or assignment (confirmation). VAT will be added on all amounts charged.
  4. If no fee is shown in the order or assignment (confirmation), the client owes Globalize HR the fee shown in the offer. If no fee is shown in the offer either, the fee amounts to 30% of the annual base gross annual salary, including the holiday allowance, plus any VAT for the candidate’s job under a full-time employment contract.
  5. If Globalize HR has not been notified of a salary, Globalize HR will fix an annual salary at a commercial rate on the basis of the information available to Globalize HR on the job and the labor market plus any applicable VAT. 
  6. Unless otherwise agreed, the fee is payable only if the client or a third party designated by the client actually contracts an employment relationship with a candidate proposed by Globalize HR or with which the client came into contact via Globalize HR in some other way. The fee is also payable if the client initially rejects the candidate and later employs him after all within 12 months of the initial introduction of the candidate by Globalize HR to the client. The fee is inclusive of the costs of the usual recruitment resources and activities deployed by Globalize HR. The fee is exclusive of the costs associated with additional recruitment resources or activities applied by agreement with the client, as well as (when applicable) travel and/or accommodation expenses incurred by the candidate in connection with the selection procedure. These costs will be charged separately and independently of the outcome of the mediation, even if the client terminates or withdraws the assignment without any employment relationship being contracted with a candidate proposed by Globalize HR. VAT will be charged on all amounts charged.
  7. Unless otherwise agreed, the fee will be charged as soon as the client has reported that it has contracted or will contract an employment relationship with a candidate proposed by Globalize HR or as soon as Globalize HR has become aware that the client has contracted or will contract an employment relationship with a candidate. In practice, this usually happens upon the employee’s first date of employment.
  8. If a (potential) client comes into contact with a candidate via Globalize HR (for example because Globalize HR proposed the candidate to the client with a view of the placement of that candidate or the realization of an employment relationship with that client) and the client or a third party affiliated to the client contracts an employment relationship with that candidate within 12 months of the realization of the contact, the (potential) client is deemed to have contracted a recruitment and selection assignment with Globalize HR, within the meaning of this Article, and owes Globalize HR the fee referred to in paragraph 3 of this article.
  9. The placement commences at the time when the employee begins his work. 
  10. In case the employee is terminated within the probationary period, Globalize HR will not reimburse the placement fee. Globalize HR will, however, replace the employee at no extra cost. Globalize HR will make efforts to replace the employee in good time, in compliance with the order or assignment (confirmation) or other agreement. Globalize HR is not attributable in default in respect of the client and is not required to pay the client compensation for any damage or costs if Globalize HR is unable, for any reason whatsoever, to place the employee, to do so in good time or to make the employee available any longer.


Additional services
  1. Additional services requested by the client will be at an additional cost agreed upon by the client and Globalize HR.
  2. The service fees stated by Globalize HR in the assignment (confirmation) are exclusive of any assignment-related costs such as travel, accommodation, work-visa expenses, if any; the costs of consultation with third parties as requested by the client and/or any additional resources to be deployed by Globalize HR specifically for the assignment.
  3. Work that is not mentioned in human resources advisory, mobility and/or  recruitment and selection assignment (confirmation) or other agreement will be charged separately on a fee agreed to in advance. If possible and required by the client, any additional service required by the client will include a cost estimate of the maximum total fee which the client will be charged. Derogations from this cost estimate are permitted for an unchanged design of the advice, if justified, up to a maximum of 10% in excess of the amount of the cost estimate.
  4. Additional Services include but are not limited to HR Advisory, HR services, General Advisory, Immigration services, international mobility services and any services agreed upon by the client and Globalize HR.   
  5. Work permits (Highly Skilled Migrant/ Blue Card/ extension of work/residence visa) and 30% ruling (tax) applications can be provided as an additional service by Globalize HR upon the client’s request.
  6. These additional services are not part of the recruitment & selection fee and procedure and will be at an additional cost agreed upon by the client and Globalize HR.
  7. These costs will consist of two components: the service fee by which Globalize HR will charge to perform the additional service(s) and any factual application and administrative processing fees with third party companies and/or government authorities for the purpose of completing the service requested. These include but are not limited to third parties, as Immigration, tax and/or relevant authorities.

General Provisions

Invoicing & Payment
  1. Unless otherwise agreed in writing or provided for in these terms and conditions, invoicing will take place for services provided. Invoices will be sent by means of an electronic message in a format and layout to be determined by Globalize HR.
  2. If, before delivering the invoice, the client makes use of a third party, as a result of which the invoice is sent to that third party, the client is responsible for the correct receipt of the invoice. If Globalize HR is unable to deliver the invoice to the third party due to circumstances beyond its control, it will notify the client of this, after which the client will offer an alternative for the dispatch or pay the invoice. The initial invoice date and the agreed payment term remain in force here.
  3. The client is required to settle all invoices within 14 calendar days of the invoice date, unless otherwise agreed in writing.
  4. If applicable, the client will issue a written authorization to Globalize HR’s first request to collect the invoiced amount by direct debit from the bank account number provided by the client, within the agreed term. If no term has been agreed, the term is 14 calendar days after the invoice date. The client will ensure that the bank account that it specified holds sufficient funds and will refrain from reversing any payment to Globalize HR.
  5. If an invoice is not paid within the terms referred to in paragraph 3 of this article, the client is legally in default from the first day following the expiry of the payment term and owes interest on the outstanding amount at a rate of 1% per calendar month, with part of a month being treated as a full month. The copy of the invoice sent to the client in Globalize HR’s possession serves as full proof that the interest is due and the date on which the calculation of the interest begins.
  6. If the client contests part or all of the invoice, it must report this to in writing within 30 calendar days of the invoice date, with a detailed statement of the reasons.
  7. After this period, the client’s right to contest the invoice lapses. The burden of proof for timely contesting of the invoice rests with the client. Contesting the invoice does not relieve the client of its payment obligation.
  8. The client is not authorized to settle the invoice amount with any counterclaim, warranted or otherwise, and/or to suspend payment of the invoice, regardless of whether it contests this.
  9. Globalize HR has the right to check the creditworthiness of the client and the companies affiliated with it.
  10.  If the client’s financial position and/or payment conduct provide grounds for this in the view of Globalize HR, the client is required, at Globalize HR’s earliest written request, to:   
  11. issue a direct debit authorization, as referred to in paragraph 4;   
  12. provide an advance; and/or provide adequate surety for its obligations to Globalize HR, by means of a bank guarantee, pledge or by other means.
  13. All legal and out-of-court (collection) costs that Globalize HR incurs as a result of the client’s non-compliance with its obligations pursuant to this Article shall be borne by the client in full. The reimbursement for out-of-court costs is fixed at 15% of the principal due, inclusive of VAT and interest, unless Globalize HR has demonstrably incurred higher costs. The fixed remuneration shall always become payable by the client as soon as the client is in default.
  14. If the assignment is contracted with more than one client forming part of the same group of companies, all clients are jointly and severally liable for compliance with the obligations pursuant to this Article, regardless of the name on the invoice. Full payment of the invoice, any additional costs and interest by one client relieves the other clients of their payment obligation to Globalize HR.
  15. Every liability of Globalize HR arising from the assignment and/or other agreement concerning the placement of an employee is limited per incident to the fee to be charged pursuant to these terms and conditions, the assignment (confirmation) and/ or other agreement for the term of the assignment, with a maximum of 3 months.

Confidentiality
  1. Globalize HR and the client will not provide any confidential information on or concerning the other party, its activities, employees, workers, clients and other business relations of which they have become aware in connection with an offer, assignment or other agreement to third parties unless and in as far as provision of that information is necessary in order to be able to fulfil the assignment properly or if they are subject to a statutory disclosure obligation.
  2. Globalize HR imposes a general confidentiality obligation on its employees. In addition, a more specific confidentiality obligation can be agreed at the client’s request. The content of this will be coordinated between Globalize HR and the client by agreement. The client is also free to impose a confidentiality obligation on the candidate directly. The client shall notify Globalize HR of its intention to do so and will send Globalize HR a copy of the declaration/ agreement drawn up. 
  3. Globalize HR cannot guarantee compliance with any confidentiality obligation by the candidate and is not liable for any penalty, fine or damage suffered by the client as a result of a breach of the confidentiality obligation by the candidate provided. The client shall indemnify Globalize HR against third-party claims relating to failure on the part of the candidate to comply or to comply fully with any confidentiality obligation.

 

Client’s verification and custody obligations

The client declares that it is familiar with the laws and regulations concerning the verification of the identity of employees.

 The client itself is required to:

●      verify the identity of the candidate, the employee or another person employed at its company and, to that end, shall conduct a careful check of an original identity document, as referred to in Articles 1(1), 1(2) and 1(3) of the Compulsory Identification Act; and 

●      to determine whether the candidates proposed to it, its employees or other persons working for it are entitled to perform work in the Netherlands. Only in case of a legal obligation such as in the event of placement of foreign nationals, as referred to in Article 15 of the Foreign Employment Act, before making a placement, Globalize HR will provide the client with a copy of the identity document and before the placement the client will ensure that it has received this copy of the identity document and has filed it in its administration. If the candidate is a foreign national hired while abroad or country of origin, Globalize HR will inform the client on the candidate’s need for a work visa, which the client would need to pursue to meet the work visa requirements of the candidate to start an employment relationship with the client.

 

Prevention of Discrimination

On contracting and implementing the assignment or other agreement, in particular a recruitment and selection assignment or assignment for the placement of employees, the client and Globalize HR will only impose and take account of requirements relevant to the job. The client and Globalize HR will not make any prohibited distinction on the grounds of religion, faith, political views, gender, race, nationality, sexual orientation, civil status, handicaps, chronic illness, age or on any grounds whatsoever.

Privacy and GDPR Compliance
  1. In relation to the assignment or other agreement, personal data, i.e. concerning candidates and employees, are exchanged on a regular basis. The client and Globalize HR are required to protect the confidentiality of these data in compliance with the General Data Protection Regulation (GDPR) and related laws and regulations.
  2. Both Globalize HR and the client qualify as controller unless the parties have agreed expressly that one of the parties applies as the processor towards the other party. The parties will conclude a data processing agreement if this is the case.
  3. The client shall not require any data from Globalize HR that Globalize HR is not permitted to provide pursuant to the applicable laws and regulations. The client is responsible for the further processing of the data provided to it by Globalize HR.
  4. The client is responsible for ensuring that personal data provided to Globalize HR only if and as far as the client has the right to do so and has a legally valid basis for doing so, such as the required consent from the persons in question. Globalize HR’s privacy statement applies to the processing of the personal data of the client’s contact persons.
  5. The client indemnifies Globalize HR against all claims from candidates, employees, employees of the client or other third parties in respect of Globalize HR in connection with a violation of the provisions of this Article by the client and will reimburse the related costs incurred by Globalize HR.

 

Economic Sanctions
  1. The client declares that its company, any subsidiaries and its Managing Board members

and employees do not appear on sanctions lists and have also never been the subject

of claims, legal proceedings or investigations in connection with economic sanctions.

  1. The client guarantees that the client and any subsidiaries do not act in contravention of

economic sanctions and are also not involved in activities as a result of which Globalize HR or its employees will act in contravention of economic sanctions. The client guarantees

that money paid to Globalize HR does not originate from activities in contravention of

economic sanctions.

 

Applicable law and Choice of forum

These General Terms and Conditions, assignments and/or other agreements are

governed by Dutch law. All disputes arising from or relating to a legal relationship

between the parties shall, at Globalize HR’s choice, be adjudicated in the first instance

solely by the competent section of the District Court of Amsterdam or by a court that is

competent by or pursuant to the law.


Final provisions

  1. If one or more provisions of these terms and conditions are null and void or are nullified, the assignment, the other agreement and these terms and conditions shall remain in effect in other respects. The provisions that are not legally valid or which cannot be applied in law shall be replaced by provisions that, as far as possible, are consistent with the purport of the provisions to be replaced.
  2. Globalize HR has the right to transfer its rights and obligations pursuant to the assignment, the other agreement and these terms and conditions to a third party. Unless otherwise agreed in writing, the client is not permitted to transfer its rights and obligations pursuant to the assignment, the other agreements and these terms and conditions to a third party. 
  3. In the event of exceptional (foreseen or unforeseen) circumstances, such as changes in laws and regulations, Globalize HR has the right to adjust or terminate the agreement with immediate effect if, in view of the exceptional circumstances, Globalize HR cannot reasonably be required to allow the assignment or other agreement to continue under the same conditions.