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 of CareerSolution's career advice, outplacement, labour market orientation, online career services, assessments and reintegration services.
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 mean: a) Client: any natural or legal person who orders or approves a quotation cq proposal for the services mentioned in Article 1 of these General Terms and Conditions. b) Assignment: the agreement between CareerSolution B.V. and the Client. (c) Client: an employee designated by 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 order is first established by the client accepting CareerSolution's order confirmation or quotation in writing, orally or via an online form. The assignment is a best-efforts agreement, in which CareerSolution deploys the agreed means of counselling the client.
Insofar as it concerns (online) outplacement, this applies until the time when the client has accepted a suitable offer of employment or has chosen another path, such as self-employment, study, etc., or until the time when the client indicates that he/she no longer wishes to accept CareerSolution's guidance and/or CareerSolution's products/services, unless a different time of termination has been agreed upon in advance, in which case the order ends at that time or the maximum number of agreed guidance hours has been reached.
If, after completion of the assignment, the client withdraws for any reason whatsoever, or if on other grounds the time comes for the assignment to end, all provisions of this agreement intended to remain valid between the parties after termination of the agreement shall nevertheless remain in force, in particular the provisions regarding the client's payment obligations and the provisions regarding confidentiality of data. If for any reason the client can invoke the defeasibility of certain clauses in these Terms and Conditions on the ground that they are unreasonably onerous towards him, these clauses shall nevertheless remain valid in the relationship between CareerSolution and the client, unless the client has an independent invocation of the defeasibility of such clause and such defeasibility is invoked by the client. The assignment is an obligation of effort and not an obligation of result.
Article 7
CareerSolution's facilities, information and services are available to the client exclusively for personal use in connection with the outplacement process and/or reintegration process and/or labour market orientation process and the client's own career orientation.
Clients and/or principals are not free to use any of it for commercial purposes, for publication or for any other use not directly contained in the order provided to CareerSolution. Any documentation, tests, digital tools including ?Jobdigger?, information or advice provided and made available by CareerSolution is for the client's strictly personal use only. The parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of their agreement. Information is deemed to be confidential if confidentiality is indicated or results 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 meetings with the client and the candidate, circumstances arise or new circumstances become known, which constitute serious impediments to the execution or duration of the assignment, CareerSolution may limit, suspend or terminate the counselling until a time to be determined.
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 of the invoice date, without any discount or set-off. Failure to pay on time may result in the suspension or termination of counselling or advice, without prejudice to the client's obligation to pay.
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.