General Terms and Conditions
CareerSolution B.V.
Online Outplacement
PO Box 84059
2508 AB The Hague
Chamber of Commerce 60162252
Article 1
These General Terms and Conditions apply to all offers, assignments and agreements for the services of career advice, outplacement, labor market orientation, online career services, assessments and reintegration of CareerSolution.
Article 2
Clauses and agreements varying from these Terms and Conditions are only valid to the extent that they have been confirmed in writing by CareerSolution.
Article 3
Relations between CareerSolution and clients are governed by Dutch law.
Article 4
These General Terms and Conditions shall have the following meanings: a) Client: any natural or legal person who places an order or accepts a quotation or proposal for the services referred to in Article 1 of these General Terms and Conditions. b) Order: the agreement between CareerSolution BV and the client. c) Client: an employee designated by the client or an employee or person who has independently approached CareerSolution and who has been accepted for guidance by CareerSolution.
Article 5
Client expressly waives the 14-day cooling-off period option.
Article 6
The assignment is only established when the client accepts the order confirmation or quotation from CareerSolution in writing, verbally or via an online form. The assignment is an effort agreement, in which CareerSolution uses the agreed resources to guide the client.
As far as (online) outplacement is concerned, this applies until the time at which the client has accepted a suitable offer for employment or has chosen another path, such as self-employment, study, etc., or until the time at which the client indicates that he or she no longer wishes to accept the guidance provided by CareerSolution and/or the products/services of CareerSolution, unless another time at which the assignment ends has been agreed in advance, in which case the assignment ends at that time or the maximum number of agreed guidance hours has been reached.
If after the conclusion of the assignment the client withdraws for whatever reason, or if the time at which the assignment ends occurs for other reasons, then all provisions of this agreement that are intended to remain valid between the parties after termination of the agreement will nevertheless remain in force, in particular the provisions regarding the payment obligations of the client and the provisions regarding confidentiality of data. If for whatever reason the client can invoke the voidability of certain provisions in these General Terms and Conditions on the grounds that they are unreasonably onerous for him, then these provisions will nevertheless remain valid in the relationship between CareerSolution and the client, unless the client is entitled to an independent appeal to the voidability of such provision and such annulment is invoked by the client. The assignment concerns an obligation to make an effort and not an obligation to achieve results.
Article 7
The facilities, information and services of CareerSolution are exclusively available to the client for personal use in connection with the outplacement process and/or reintegration process and/or labor market orientation process and the client's own career orientation.
Clients and/or principals are not permitted to use any of the for commercial purposes, for publication or for any other use that is not directly included in the assignment given to CareerSolution. The documentation, tests, digital tools including “Jobdigger”, information or advice provided and made available by CareerSolution are exclusively intended for strictly personal use by the client. Parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if the confidentiality has been pointed out or if it arises from the nature of the information.
CareerSolution reserves its rights and powers under the Copyright Act.
CareerSolution reserves the right to use knowledge gained through the execution of work for other purposes, as long as no confidential information is brought to the knowledge of third parties.
Article 8
CareerSolution reserves the right not to accept an employee referred to it by the client for counselling or to accept the employee under restrictive conditions. When the introductory interview with the employee gives rise to this, CareerSolution will promptly notify the client. The client and the employee undertake to declare in advance the physical, psychological and other circumstances that may affect the employee's career.
If, in addition to or in deviation from the information provided during the orientation discussions with the client and the candidate, circumstances arise or new circumstances become known that pose serious obstacles to the execution or duration of the assignment, CareerSolution may limit the guidance, suspend it until a date to be determined or terminate it.
CareerSolution is entitled to charge the client for any additional costs resulting from the delay.
Furthermore, CareerSolution is not liable for damages of any kind arising from CareerSolution's reliance on incorrect and/or incomplete information provided by the client, unless such inaccuracy or incompleteness should have been known to the agency.
Article 9
The full fee, unless otherwise agreed in writing in advance, is due immediately upon assignment.
The client is obliged to pay the invoice submitted by CareerSolution in full within fourteen days after the invoice date, without any discount or settlement. In case of late payment, the guidance or advice can be suspended or terminated, without prejudice to the payment obligation of the client.
After the expiry of fourteen days from the invoice date, the client shall be in default; the client shall owe statutory interest on the amount due from the moment of default.
All costs of collection, including all costs of legal assistance both in and out of court, shall be borne entirely by the client.
In respect of extrajudicial costs, CareerSolution shall in any event charge 15% of the principal sum due without CareerSolution being obliged to explain those costs.
Article 10
Force majeure means circumstances which prevent fulfilment of the commitment and which are not attributable to CareerSolution.
CareerSolution is entitled to invoke force majeure if the circumstance preventing (further) fulfilment occurs after CareerSolution has started executing the order.
During the duration of the force majeure situation, CareerSolution's obligations shall be suspended.
If the period in which fulfilment of obligations by CareerSolution is not possible due to force majeure lasts longer than two months, both parties are authorised to terminate the agreement, without there being any obligation to pay damages in that case.