Terms and Conditions

NAS Recruitment known at the Chamber of Commerce under number 85351849, is mainly involved in recruiting, selecting, introducing and mediating people to companies and other institutions in whatever (legal) form.

The contract conditions or General Terms and Conditions described below (hereinafter referred to as: “Conditions”) apply to and form part of any offer or introduction by, quotation from or agreement entered into by NAS Recruitment.

Article 1 – Definitions

NAS Recruitment: Intermediary between Client and Candidate.

Client: The natural or legal person with whom NAS Recruitment enters into an agreement.

Employment relationship: A (temporary) employment contract, management agreement, interim/self-employed/secondment basis, deta-permanent agreement or any other (contractual/legal) construction, on the basis of which the Candidate will work directly or indirectly for the Client.

Fee: The compensation owed by the Client to NAS Recruitment in connection with the recruitment and selection of a Candidate.

Annual income: When determining the candidate's first gross annual income, in addition to the agreed gross periodic remuneration, this is deemed to include the guaranteed or reasonably expected bonus, bonus or profit sharing, foreign allowances, housing allowances, fixed representation allowances and other emoluments. A car made available by the Client is equated with an amount of € 8,000 gross annual income.

Candidate: Any natural person who is proposed to the Client by NAS Recruitment for employment.

Article 2 – General

2.1 Positions assigned by the Client to NAS Recruitment, for permanent or interim appointments, are always accepted by NAS Recruitment on an exclusive basis. NAS Recruitment applies an exclusivity period of three months per position, unless otherwise agreed in writing.

2.2 A Candidate is deemed to have been introduced to the Client at the time when NAS Recruitment provides the Client with information related to that specifically introduced Candidate. If, within eighteen months after NAS Recruitment has introduced a Candidate to the Client, an Employment Relationship is established in any way between the Client and the introduced Candidate, regardless of whether there is a probationary period or a temporary or flexible Employment Relationship, NAS Recruitment is entitled to compensation in the amount of the Honorarium as stated in article 3.1.

2.3 If, within a period of eighteen months after an Employment Relationship has been established with a Candidate introduced by NAS Recruitment, the Client (in)directly or otherwise hires the services or makes an offer for an Employment Relationship to an employee or former employee of NAS Recruitment or uses or hires the services of a company or partnership as a result of the fact that a aforementioned employee has become a director, manager, agent or employee thereof, the Client must make a compensation of € 20,000 immediately payable to NAS Recruitment.

2.4 A Candidate is introduced to the Client on a strictly confidential basis. The Client and NAS Recruitment are obliged to treat Candidate's personal data confidentially in accordance with the General Data Processing Regulation (GDPR) and related laws and regulations. If violation of this provision due to the actions (direct or indirect) of the Client leads to an Employment Relationship between a Candidate and a third party (this also includes a company or other institution affiliated with the Client), the Client owes NAS Recruitment the full , in accordance with the fee referred to in Article 3.1.

2.5 If an Employment Relationship has been established with an introduced Candidate, the Client will immediately inform NAS Recruitment of this in writing as well as of the content of that Employment Relationship. At the request of NAS Recruitment, the Client will send documents proving the Employment Relationship. The Client must ensure that he has informed NAS Recruitment within three weeks after the Employment Relationship between the Client and the Candidate has started. If the Client fails to do so, he must immediately pay NAS Recruitment compensation of 25% of the Candidate's reasonably expected Annual Income.

Article 3 – Fee

3.1 The fee payable to NAS Recruitment (plus VAT) amounts to 25% of the Annual Income; A minimum fee of € 10,000 applies in cases where the fee would not exceed the latter amount.

3.2 The Fee is paid in two parts, namely a Starting Fee and an Appointment Fee.

Starting fee – The starting fee amounts to one third of the total fee and is payable when the assignment is granted to NAS Recruitment (orally or in writing).

Appointment fee - The Appointment fee amounts to the remaining amount of the total fee and is due at the time that the Client enters into an Employment Relationship for itself and/or for third parties with a Candidate introduced by NAS Recruitment. Immediately after signing the employment contract, the Client will provide NAS Recruitment with a copy of the appointment letter and any additional conditions.

3.3 Additional costs, such as travel and accommodation costs of a Candidate, will be reimbursed to NAS Recruitment or the Candidate after approval by the Client.

3.3.1 If the Client withdraws the assignment or puts it on hold, this will have no effect on the costs already owed as stated in article 3.1.

3.4 The Fee, as stated in Article 3.1, to be paid by the Client to NAS Recruitment, amounts to a percentage of the Candidate's Annual Income, despite the possibility that the candidate will work for less than one year or on the basis of a part-time agreement. The calculation of the Annual Income always assumes a full working week of 40 hours. If requested, the client will make a complete overview available to NAS Recruitment from which the above-mentioned annual income of the candidate can be read, including the guaranteed or usual bonus and/or commission and/or allowances as soon as this information is known.

3.5. If the Client does not pay the agreed fee or does not pay it on time in accordance with the term set in Article 4.1, in addition to the amount due and the statutory interest due (ex. Article 6:119a of the Dutch Civil Code), he is obliged to pay full compensation for both extrajudicial and judicial collection costs, including costs for lawyers, bailiffs and collection agencies. Extrajudicial costs are set at at least 20% of the principal sum plus statutory interest.

Article 4 – Invoicing

NAS Recruitment applies a payment term of 14 days after NAS Recruitment has sent the invoice to the Client (in writing or electronically). If the Client has not paid after these 14 days and NAS Recruitment has not received the amount due within these 14 days on the account number specified by NAS Recruitment, it will give the Client written notice of default, after which the Client will be in default. From the moment the default occurs, the Client is also liable to pay statutory interest (see Article 6: 119a of the Dutch Civil Code) in addition to the payment due.

Article 5 – Liability

NAS Recruitment is solely responsible for introducing Candidates. The assessment of the Candidate's suitability rests entirely with the Client.

Article 6 – Repayment scheme

6.1 If the Employment Relationship is terminated within one month after the start of the Employment Relationship, initiated by the Client or the Candidate, NAS Recruitment will reinstate the position free of charge.

6.2. If one of the provisions below applies, the above-mentioned article 6.1 will no longer apply:

1. The Candidate is (reasonably) no longer needed and this can be demonstrated by the Client or by NAS Recruitment;

2. The fee as stated in article 3.1 has not been paid to NAS Recruitment within the agreed 14 days after the invoice date;

3.The reason for termination of the Employment Relationship is not related to:  
a) the Competence or
b) the behavior of the Candidate;

4. The reason underlying the termination of the Employment Relationship cannot be regarded as valid;

5.NAS Recruitment has not been notified in writing or not in a timely manner (within 14 days after termination of the Employment Relationship) of the termination of the Employment Relationship with the associated valid reasons for termination.

Article 7 – Applicable law in case of disputes

7.1 Dutch law applies to these Terms and Conditions and to every offer or introduction by, quotation from or agreement entered into by NAS Recruitment. Dutch law applies to all derivative actions, such as adjustments or changes to agreements, quotations and any changes to these Terms and Conditions.

7.2 The applicability of any other Conditions of the Client or of third parties is expressly rejected. By signing these Terms and Conditions, the signatory declares that he is authorized to sign and can legally bind the Client.

7.3 All disputes arising from or related to these Terms and Conditions and to any offer or introduction by, quotation from or agreement entered into by NAS Recruitment, including disputes arising from any actions of the Client, the Group or the Candidate, can only be submitted to the competent court in Amsterdam.