Terms of use

General Terms and Conditions Ravecruitment B.V.

Private company Ravecruitment B.V. (hereinafter: Ravecruitment) is registered with the Chamber of Commerce under number 34371737 and is located at Science Park 402 Matrix III U (1098XH) in Amsterdam.

Article 1 – Concepts

1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
2. Ravecruitment: the service provider that offers Services to the Client.
3. Offer: any offer or quotation to the Client for the provision of Services by Ravecruitment.
4. Employment contract: the employment contract under which the Employee is made available by Ravecruitment to a Client in the context of the exercise of the profession or business to perform work pursuant to an assignment given to Ravecruitment.
5. Services: Mediation regarding the relocation of IT professionals or highly skilled migrants, which includes inter alia: mediation with regard to obtaining a work permit and accommodation (General Terms and Conditions Ravecruitment: Part I). In addition, Ravecruitment offers payrolling services for these highly skilled migrants (Terms and Conditions Ravecruitment: Part II).
6. Hirer: any natural or legal person who has an employee carry out work – under the management and supervision of the Hirer – and this employee has been recruited through the intervention of the Client.
7. Client: The natural or legal person who acts in the exercise of a profession or business. Ravecruitment has appointed, has provided projects to Ravecruitment for Services that are performed by Ravecruitment, or to which Ravecruitment has made a proposal based on an Agreement.
8. Agreement: any Agreement and other obligations between the Client and Ravecruitment, as well as proposals from Ravecruitment for Services provided by Ravecruitment to the Client and which are accepted by the Client and have been accepted and performed by Ravecruitment, with which these general terms and conditions form an inseparable whole.
9. Availability: the Agreement whereby the Candidate is made available by Ravecruitment to the Client to perform work pursuant to an assignment it has given to Ravecruitment.
10. Employee: any natural person who performs or will perform work for the benefit of the Client through the intervention of Ravecruitment.

Article 2 – Applicability

1. These general terms and conditions apply to every Offer of Ravecruitment, every Agreement between Ravecruitment and the Client and to every service offered by Ravecruitment.
2. Before an Agreement is concluded, the Client will be given these general terms and conditions. If this is not reasonably possible, Ravecruitment will indicate to the Client how the Client can view the general terms and conditions.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions can be deviated insofar as this has been explicitly agreed in writing with Ravecruitment.
4. These general terms and conditions also apply to additional, changed and follow-up assignments from the Client.
5. The applicability of the general terms and conditions of the Client is excluded.
6. If one or more provisions of these general terms and conditions are partially or wholly null and void or are voided, the other provisions of these general terms and conditions will remain in effect, and the void/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
7. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
8. The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
9. If in these terms and conditions reference is made to she/her, this should also be understood as a reference to he/him/his, if and insofar as applicable.
10. If Ravecruitment does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that Ravecruitment would in any way lose the right to demand strict compliance with the provisions of these terms and conditions in other cases

Article 3 – The Offer

1. All offers made by Ravecruitment are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
2. Ravecruitment is only bound by an Offer if it is confirmed in writing by the Client within 30 days. Nevertheless, Ravecruitment has the right to refuse an Agreement with a (potential) Client for a valid reason for Ravecruitment.
3. No rights can be derived in any way from the quotation or offer if the services to which the quotation or offer relates are no longer available in the meantime.
4. The offer contains a description of the Services offered. The description is sufficiently specified, so that the Client is able to make a proper assessment of the offer. Any information in the offer is only an indication and cannot be grounds for any compensation or dissolution of the Agreement.
5. Offers or quotations do not automatically apply to follow-up orders.
6. Delivery times in Ravecruitment’s offer are in principle indicative and do not entitle the Client to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
7. A composite quotation does not oblige Ravecruitment to perform part of the assignment against a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
8. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, Ravecruitment is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Ravecruitment indicates otherwise.

Article 4 – Formation of the Agreement

1. The Agreement is concluded at the moment that the Client has accepted an Offer or Agreement from Ravecruitment by returning a signed copy (scanned or original) to Ravecruitment, or gives an explicit and unambiguous agreement to the Offer by e-mail.
2. Ravecruitment has the right to revoke the (signed) Agreement within 5 working days after receipt of the acceptance.
3. Ravecruitment is not bound by an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Client cannot derive any rights from this mistake or error.
4. If the Client cancels an already confirmed assignment, the costs already incurred (including the time spent) will be charged to the Client.
5. Each Agreement entered into with Ravecruitment or a project assigned to Ravecruitment by the Client rests with the company and not with an individual person associated with Ravecruitment.
6. The Client’s right of withdrawal is excluded, unless otherwise agreed.
7. If the Agreement is entered into by several Clients, each Client is jointly and severally liable for the fulfillment of all obligations arising from the Agreement.

Article 5 – Duration of the Agreement

1. The Agreement is entered into for an indefinite period. Unless otherwise agreed in writing, the duration of the assignment is equal to the duration of the employment contract(s) which Ravecruitment has entered into with Employee(s) under the Agreement.
2. Premature termination of the assignment is not possible, unless agreed otherwise in writing. There is 1 exception to this: if a probationary period is included in the employment contract between Ravecruitment and the Employee and Ravecruitment can still terminate the employment contract during this probationary period, the Client may terminate the assignment during this probationary period.
3. Cancellation of an assignment for an indefinite period can only take place on the first day on which Ravecruitment can legally terminate the employment contract by giving notice.
4. Both the Client and Ravecruitment can dissolve the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if the other party has been given written notice of default and has been given a reasonable term to comply with its obligations and it still fails to fulfill its obligations in that case. to comply correctly. This also includes the payment and cooperation obligations of the Client.
5. The dissolution of the Agreement does not affect the payment obligations of the Client insofar as Ravecruitment has already performed work or has delivered services at the time of the dissolution. The Client must pay the agreed fee.
6. Parties may terminate the Agreement by registered letter with due observance of a notice period of one month. In the case of Payrolling (See General Terms and Conditions – Part II), the Agreement can only end if the Employee has left Ravecruitment’s employment.
7. In the event of an early termination of the Agreement, the Client owes Ravecruitment the costs actually incurred up to that point at the agreed (hourly) rate. The time registration of Ravecruitment is leading in this.
8. Both the Client and Ravecruitment can terminate the Agreement in writing, in whole or in part, with immediate effect, without further notice of default, in the event that one of the parties is in suspension of payment, bankruptcy has been filed for or the company in question ends due to liquidation. If a situation as mentioned above occurs, Ravecruitment is never obliged to refund monies already received and/or compensation.
9. If the agreement is terminated prematurely by Ravecruitment, Ravecruitment will, in consultation with the Client, arrange for the transfer of work still to be performed to third parties, unless the termination is attributable to the Client. If the transfer of the work entails additional costs for Ravecruitment, these costs will be borne by the Client.

Article 6 – Execution of the service

1. Ravecruitment will endeavor to perform the agreed service with the greatest possible care as may be expected from a good service provider. Ravecruitment guarantees a professional and independent service. All Services are performed on the basis of a best efforts obligation, unless a result has been agreed explicitly and in writing, which has been described in detail.
2. The Agreement on the basis of which Ravecruitment performs the Services is leading for the size and scope of the services. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
3. The information and data provided by the Client are the basis on which the Services offered by Ravecruitment and the prices are based. Ravecruitment has the right adjust its services and its prices if the information provided proves to be incorrect and/or incomplete.
4. In the performance of the Services, Ravecruitment is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for Ravecruitment, the Client is obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
5. Ravecruitment is entitled to engage third parties for the performance of the Services at its own discretion.
6. If required by the nature and duration of the assignment, Ravecruitment will keep the Client informed of the progress in the agreed manner.
7. The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may have consequences for any established planning. Ravecruitment is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided all the requested information or has not provided it on time, or has not supplied all the requested information in the desired format, does not cooperate sufficiently, any advance payment has not been received by Ravecruitment in time or due to other circumstances , which are for the account and risk of the Client, if there is a delay, Ravecruitment is entitled to a reasonable extension of the delivery/completion period. All damage and additional costs as a result of delay due to a cause as mentioned above are for the account and risk of the Client.
8. If work is carried out by Ravecruitment or third parties engaged by Ravecruitment within the framework of the agreement at the location of the Client or a location designated by the Client, the Client will provide the facilities reasonably desired by or on behalf of Ravecruitment free of charge.
9. If the Agreement is executed in phases, Ravecruitment can suspend the execution of those parts that belong to a subsequent phase until the Client has approved the results of the preceding phase in writing. Ravecruitment is entitled to perform the Agreement in different phases and to invoice the part thus executed separately.
10. Ravecruitment can, if instructed to do so, mediate in the establishment of one or more agreements between the Client and a third party for the actual implementation of (project) work and/or to deliver goods.
11. Ravecruitment is entitled to refuse or not to perform those activities/services or (legal) acts that, in its sole opinion, do not fall within the scope of the Agreement, without failing to comply with the Agreement.

Article 7 – Obligations of the Client

1. The Client is obliged to provide all information requested by Ravecruitment as well as relevant appendices and related information and data in time and/or before the start of the work and in the desired form for the purpose of correct and efficient execution of the Agreement. In the absence of this, Ravecruitment may not be able to realize a full implementation and/or delivery of the relevant documents. The consequences of such a situation are at all times for the account and risk of the Client.

The Client guarantees the correctness, completeness and reliability of the data made available to Ravecruitment, even if these originate from third parties. in this context, explicit reference is made to the accuracy of the Employee’s employment history.

2. If a motor vehicle has been made available to the Employee, Ravecruitment will be notified of this in writing before the employment contract is drawn up.

Should a motor vehicle be made available to the Employee by the Client during the employment contract, Ravecruitment will be notified immediately in writing.

3. Ravecruitment is not obliged to check the correctness and/or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is Ravecruitment responsible for the correctness and completeness of the information compiled by Ravecruitment for third parties and/or provided to third parties in the context of the Agreement.
4. Ravecruitment can, if necessary for the implementation of the Agreement, request additional information. Failing this, Ravecruitment is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation to the Client for any reason whatsoever. In the event of changed circumstances, the Client must inform Ravecruitment of this immediately or no later than 3 working days after the change has become known.
5. The Client is obliged to ensure that Ravecruitment has access to all necessary facilities, materials, cooperation of the Client’s employees and more that Ravecruitment reasonably needs for the performance of its Services.
6. The Client is obliged to grant Ravecruitment all powers required for the proper execution of the Agreement, including but not limited to the performance of legal acts. The Client is ultimately responsible for this and must grant prior permission for the intended legal act. Ravecruitment will hereby only take care of the actual act, but at all times under the (final) responsibility of the Client.
7. The Client will ensure that it has all documents and permits that it is required to have by law in connection with the employment of the Employee.
8. The Client will employ the Employee in accordance with what has been determined at the time of registration in the agreement.
9. The Client will provide Ravecruitment and the Employee with information regarding specific characteristics of the workplace before work commences.
10. The Client will behave towards the Employee in the exercise of supervision or management as well as with regard to the performance of the work in the same careful manner as he is obliged to towards his own Employees.
11. The Client is obliged to inform the Employee before work commences about the required professional qualifications for the work to be commenced and possible safety and health risks.
12. Any damage and/or costs at the expense of Ravecruitment caused by a failure on the part of the Client to comply with this article will be passed on to the Client by Ravecruitment and the Client is obliged to pay these costs.

Article 8 – Employee identification obligation

1. The Client must check the original ID of Employees for authenticity and validity. moreover, in connection with the aspect of mistaken identity, the identity of the Employee must be checked. The Client must also record a legible copy of the proof of identity and the work permit in its own records and send a legible copy of the proof of identity and the work permit to Ravecruitment, together with the registration form.

Ravecruitment is not responsible or liable for any fine that may be imposed on the Client under the Foreign Nationals Employment Act. Any fines imposed on Ravecruitment in this context will be borne by the Client.

2. The provisions of this article apply unless the employee is employed by Raveruitment and is made available.

Article 9 – Relocation

1. The client wishes a highly skilled migrant to carry out work. The Client will employ this highly skilled migrant for this purpose, as a result of which the highly skilled migrant will become an Employee of the Client. Ravecruitment is engaged by the Client with regard to the advisory and/or intermediary services of Ravecruitment in the context of relocation of the Employee. This includes, among other things: arranging a work permit, accommodation, registration with the municipality, health insurance, etc. The exact relocation services that the Client requires from Ravecruitment are confirmed in the Agreement.
2. In the context of performing the relocation services, the primary contact will take place between Ravecruitment on the one hand and the Employee on the other. If the Employee does not make himself (sufficiently) available, or does not meet his best efforts obligations, if the Employee does not follow the instructions and/or advice of Ravecruitment, this will affect the work of Ravecruitment.
3. The highly skilled migrant is aware of the obligation to cooperate and make best efforts. The Client is also aware of this and the Client is aware that it must inform the Highly Skilled Migrant and emphasize the importance of the obligation to cooperate and/or make best efforts.
4. The employee can cause the relocation process to be delayed by his/her actions and/or omissions. The employee has an obligation to cooperate, an obligation to make an effort, an obligation to provide information in the context of his/her relocation.
5. If, as a result of not (properly) complying with the Employee’s cooperation and/or best efforts obligation, the relocation cannot be brought to a successful conclusion, then any consequence thereof does not fall within the sphere of risk of Ravecruitment.
6. If the Employee does not fulfill its obligations, making the relocation process or the services to be provided by Ravecruitment more difficult, then Ravecruitment will enter into further consultation with the Client regarding the status of the Employee’s relocation. Ravecruitment will ultimately provide Employee with a final term to respond and/or within which to perform actions regarding the relocation. If any action or appropriate response is not forthcoming within this deadline, Ravecruitment will close the relocation file of the relevant Employee.
7. In the context of the relocation, Ravecruitment is also dependent on third parties/(government) agencies. It is bound and bound by the processes that are used internally by such third parties/organisations lined. The Client and the Employee are aware of this. The chosen or conducted internal processes of these third parties fall outside the risk and/or sphere of influence of Ravecruitment.
8. Before Ravecruitment commences with the relocation services, it will conduct an assessment in order to verify whether the requested relocation services are feasible and whether the relocation can probably be brought to a successful conclusion. The result of the assessment is an advice from Ravecruitment (within the meaning of article 10 of these General Terms and Conditions) from which no rights can be derived, neither by the Client nor by the Employee.
9. Employee and/or Client can choose in the interim not to want to complete the relocation. If this is the case, the Employee and the Client must handle this jointly and the Employee and/or the Client must inform Ravecruitment as soon as possible about this choice by the Employee.

Article 10 – Consultancy and advice

1. Ravecruitment can, if instructed to do so, draw up advice, an action plan, design, report, planning and/or reporting for the benefit of the service. The content thereof is not binding and only advisory in nature, but Ravecruitment will observe its duties of care. The Client decides itself and on its own responsibility whether it will follow the advice.
2. The advice provided by Ravecruitment, in whatever form, can never be regarded as binding advice. Even if Ravecruitment assists the Client in negotiations, or brings it into contact with third parties, this advice is never legal advice. If the Client interprets this advice as legal and/or tax advice, the Client must first discuss this with a specialist (lawyer/tax specialist) trained for this purpose.
3. The Client is obliged to assess proposals submitted by Ravecruitment at Ravecruitment’s first request. If Ravecruitment is delayed in its work because the Client does not or does not timely assess a proposal made by Ravecruitment, the Client is at all times responsible for the resulting consequences, such as delay.
4. The nature of the service means that the result always depends on external factors that can influence the reports and advice of Ravecruitment, such as the quality, correctness and timely delivery of required information and data from the Client and its employees. The Client guarantees the quality and the timely and correct delivery of the required data and information.
5. The Client will notify Ravecruitment in writing prior to the start of the work of all circumstances that are or may be important, including any points and priorities for which the Client wishes attention.

Article 11 – Actual project implementation

1. Ravecruitment’s services are solely aimed at project management, in the broadest sense of the word. Execution of project work is at all times carried out by third parties with whom the Client has directly and directly concluded an agreement. Ravecruitment is in no way involved in the implementation of this agreement by the relevant third party.
2. Ravecruitment can only advise and manage the project, but is never involved in the actual implementation by these third parties.
3. If and insofar as goods are delivered by third parties, this will only take place within the scope of the agreement between this third party and the Client, in accordance with the terms and conditions of this third party. If and insofar as any guarantee has been provided, this guarantee is only enforceable against this third party. Complaints must be submitted directly to the third party unless agreement has been reached between all parties involved that Ravecruitment is authorized to submit complaints on behalf of the Client.

Article 12 – Additional work and changes

1. If during the execution of the Agreement it appears that the Agreement needs to be adjusted, or if further work is required at the request of the Client to achieve the desired result of the Client, the Client is obliged to reimburse this additional work in accordance with the agreed rate. Ravecruitment is not obliged to comply with this request, and may require the Client to conclude a separate Agreement for this and/or refer it to an authorized third party.
2. If the additional work is the result of negligence on the part of Ravecruitment, Ravecruitment has made an incorrect assessment or could reasonably have foreseen the relevant work, these costs will not be passed on to the Client.
3. An amendment to the agreement may also change the originally stated term of execution. The Client accepts the possibility of amending the agreement, including the change in price and term of execution.
4. If the agreement is amended, including an addition, Ravecruitment is entitled to implement it only after approval has been given by the person authorized within Ravecruitment and the Client has agreed to the price and other conditions stated for the implementation, including the time to be determined at that time at which it will be implemented. Not or not immediately executing the amended agreement does not constitute a breach of contract on the part of Ravecruitment and is no reason for the Client to terminate or cancel the agreement.

Article 13 – Prices and payment

1. All prices are in principle exclusive of Value Added Tax (VAT), unless agreed otherwise.
2. Ravecruitment performs its services in accordance with the agreed (hourly) rate. The costs of the work are calculated afterwards on the basis of the time registration drawn up by Ravecruitment (subsequent calculation).
3. Travel time for the benefit of the Client and costs related to travel will be passed on to the Client.
4. The Client is obliged to fully reimburse the costs of third parties that are used by Ravecruitment after the Client’s approval, unless expressly agreed otherwise.
5. The parties may agree that the Client must pay an advance. If an advance has been agreed, the Client must pay the advance before commencing the performance of the services.
6. The client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
7. Ravecruitment is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they have been expressly laid down in the Agreement (except for price changes based on VAT increases and other price changes pursuant to laws and regulations).
8. In the event of price changes of more than 10%, other than as a result of a change to the Agreement that takes place within three months after the conclusion of the Agreement, the Client is entitled to dissolve the Agreement, unless Ravecruitment is then still prepared to carry out the Agreement on the basis of what was originally agreed.
9. The Client must pay these costs at once, without setoff or suspension, within the specified payment term of no more than 30 (calendar) days as stated on the invoice to the account number and details of Ravecruitment made known to it.
10. Ravecruitment has the right to have the payments made by the Client go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Ravecruitment can, without being in default, refuse an offer for payment if the Client designates a different order for the allocation of the payment.
11. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment towards the Client, the payment and all other obligations of the Client under the Agreement become immediately due and payable.

Article 14 – Collection policy

1. If the Client does not fulfill its payment obligation, and has not fulfilled its obligation within the payment term set, the Client will be in default by operation of law.
2. From the date that the Client is in default, Ravecruitment will be entitled, without further notice of default, to the statutory commercial interest from the first day of default until full payment, and compensation of the extrajudicial costs to be calculated in accordance with Article 6:96 of the Dutch Civil Code according to the graduated scale from the Decree. compensation for extrajudicial collection costs from 1 July 2012.
3. If Ravecruitment has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full judicial and execution costs incurred are also for the account of the Client.

Article 15 – Privacy, data processing and security

1. Ravecruitment handles the (personal) data of the Client with care and will only use it in accordance with the applicable standards. If requested, Ravecruitment will inform the person concerned about this.
2. The client is responsible for the processing of data that is processed using a service from Ravecruitment. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Ravecruitment against any (legal) claim related to this data or the performance of the Agreement.
3. If Ravecruitment must provide information security under the Agreement, this security will comply with the agreed specifications and a security level that, given the state of the art, the sensitivity of the data and the associated costs, is not unreasonable.

Article 16 – Suspension and dissolution

1. Ravecruitment has the right to keep the data, data files and more received or realized by it if the Client has not yet (fully) fulfilled its payment obligations. This right remains in full force if a valid reason arises for Ravecruitment that justifies suspension in that case.
2. Ravecruitment is authorized to suspend the fulfillment of its obligations as soon as the Client is in default with the fulfillment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed to the Client in writing.
3. Ravecruitment is in that case not liable for damage, for whatever reason, as a result of the suspension of its activities.
4. The suspension (and/or dissolution) does not affect the Client’s payment obligations for work already carried out. In addition, the Client is obliged to compensate Ravecruitment for any financial loss suffered by Ravecruitment as a result of the Client’s default.

Article 17 – Force majeure

1. Ravecruitment is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation.
2. Force majeure on the part of Ravecruitment is in any case understood, but is not limited to: (i) force majeure of suppliers of Ravecruitment, (ii) the failure to properly comply with obligations of suppliers that have been assigned to Ravecruitment by the Client or its third parties. are prescribed or recommended, (iii) defective software or any third parties involved in the performance of the service, (iv) government measures, (v) malfunction of electricity, internet, data network and/or telecommunication facilities, (vi) illness of Employees of Ravecruitment or advisers engaged by it and (vii) other situations that, in the opinion of Ravecruitment, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
3. In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. In that case, all costs incurred before the termination of the Agreement will be paid by the Client. Ravecruitment is not obliged to compensate the Client for any losses caused by such withdrawal.

Article 18 – Limitation of Liability

1. If any result laid down in the Agreement is not achieved, a shortcoming of Ravecruitment will only be deemed to exist if Ravecruitment has expressly promised this result when accepting the Agreement.
2. In the event of an attributable shortcoming on the part of Ravecruitment, Ravecruitment is only liable to pay any compensation if the Client has given Ravecruitment notice of default within 14 days after discovery of the shortcoming and Ravecruitment has subsequently failed to remedy this shortcoming within a reasonable period. The notice of default must be submitted in writing and contains such an accurate description/substantiation of the shortcoming, so that Ravecruitment is able to respond adequately.
3. If the provision of Services by Ravecruitment leads to liability on the part of Ravecruitment, that liability is limited to the total amount invoiced under the Agreement, but only with regard to the direct damage suffered by the Client, unless the damage is the result of intent or recklessness bordering on intent on the part of Ravecruitment. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, to determine the cause of damage, the direct damage, the liability and the method of recovery.
4. In any case, Ravecruitment’s liability is limited to the maximum amount paid out by its insurance company per event per year.
5. Ravecruitment expressly excludes all liability for consequential damage. Ravecruitment is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss suffered, missed savings, damage due to business interruption, loss of capital, damage due to delay, interest damage and immaterial damage.
6. The Client indemnifies Ravecruitment against all claims from third parties as a result of a defect as a result of a service provided by the Client to a third party that also consisted of Services provided by Ravecruitment, unless the Client can demonstrate that the damage was exclusively caused by the service. from Ravecruitment.
7. Any advice provided by Ravecruitment, based on incomplete and/or incorrect information provided by the Client, is never grounds for liability on the part of Ravecruitment.
8. The content of the advice provided by Ravecruitment is not binding and only advisory in nature. The Client decides itself and on its own responsibility whether it will follow the proposals and advice of Ravecruitment mentioned herein. All consequences arising from following the advice are for the account and risk of the Client. The Client is at all times free to make its own choices that deviate from the advice provided by Ravecruitment. Ravecruitment is not bound by any form of refund if this is the case.
9. If a third party is engaged by or on behalf of the Client, Ravecruitment is never liable for the actions and advice of the third party engaged by the Client, as well as the processing of results (of advice drawn up) of the third party engaged by the Client in Ravecruitment’s own advice.
10. Ravecruitment does not guarantee a correct and complete transfer of the content of and e-mail sent by/on behalf of Ravecruitment, nor for the timely receipt thereof.
11. All claims of the Client due to shortcomings on the part of Ravecruitment lapse if they have not been reported in writing and with reasons to Ravecruitment within one year after the Client became aware or could reasonably have become aware of the facts on which it bases its claims. Ravecruitment’s liability lapses one year after the termination of the Agreement between the parties.
12. Ravecruitment is not obliged to pay any compensation of any nature whatsoever arising directly or indirectly to the Employee or to goods or persons at or from the Client or a third party, which damage has arisen as a result of the provision of the Employee, the cancellation by, and an act or omission of the Employee, the Client itself or a third party, including the entering into commitments by the Employee. The Client is obliged to comply with all obligations that the Employee enters into on his behalf.
13. The Client is obliged to take out full liability and damage insurance for all direct and indirect damage. upon request, the Client is obliged to provide Ravecruitment with a copy of the evidence. If this is the case according to the applicable collective labor agreement, the Client must also take out group accident and/or term life insurance and register the employees made available by Ravecruitment on the relevant policy.

Article 19 – Confidentiality

1. Ravecruitment and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. The confidentiality does not apply if the information in question is already public/generally known, the information is not confidential and/or the information has not been made known to Ravecruitment at the Client during the Agreement and/or has been obtained by Ravecruitment in some other way.
2. In particular, the confidentiality applies to advice, reports, designs, working methods and/or reports drawn up by Ravecruitment regarding the Client’s assignment. The Client is expressly prohibited from sharing the contents thereof with employees who are not authorized to take cognizance thereof and with (unauthorised) third parties. Furthermore, Ravecruitment always exercises the required care in handling all commercially sensitive information provided by the Client.
3. If Ravecruitment is obliged on the basis of a statutory provision or a court decision to (also) provide the confidential information to a third party designated by law or a competent court, and Ravecruitment cannot invoke a right of nondisclosure, Ravecruitment is not obliged to compensation and does not give the Client any grounds for dissolution of the Agreement.
4. For the transfer or distribution of information to third parties and/or publication of statements, advice or productions provided by Ravecruitment to third parties, the written permission of Ravecruitment is required, unless such permission has been expressly agreed in advance. Client will indemnify Ravecruitment against all claims from such third parties as a result of reliance on such information that has been distributed without the written permission of Ravecruitment.
5. Ravecruitment and the Client also impose the confidentiality obligation on the third parties to be engaged by them.

Article 20 – Disclaimer and Accuracy of Information

1. The Client is responsible for the correctness, reliability and completeness of all data, information, documents and/or records, in whatever form, that it provides to Ravecruitment in the context of an Agreement, as well as for the data that it receives from third parties. has obtained and which have been provided to Ravecruitment for the purpose of performing the Service.
2. The Client indemnifies Ravecruitment against any liability resulting from non-compliance or late compliance with the obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or records.
3. The Client indemnifies Ravecruitment against all claims from the Client and third parties engaged by it or working under it, as well as from clients of the Client, based on the failure to obtain (in time) any subsidies, permits and/or permissions required in the context of the implementation. of the Agreement.
4. The Client indemnifies Ravecruitment against all claims from third parties arising from the work performed for the Client, including but not limited to intellectual property rights to the data and information provided by the Client that can be used in the performance of the Agreement and/or or the acts or omissions of the Client towards third parties.
5. The Client indemnifies Ravecruitment against all claims of the Client arising from the actual performance of work by third parties for the benefit of the Client.
6. If the Client provides electronic files, software or information carriers to Ravecruitment, the Client guarantees that these are free of viruses and defects.

Article 21 – Complaints

1. If the Client is not satisfied with the service of Ravecruitment or otherwise has complaints about the performance of its assignment, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant reason that led to the complaint. Complaints can be reported orally or in writing via info@ravecruitment.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and/or explained by the Client if Ravecruitment is to be able to handle the complaint.
3. Ravecruitment will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4. Parties will try to reach a solution together.

Article 22 – Applicable law

1. Dutch law applies to the legal relationship between Ravecruitment and the Client.
2. Ravecruitment has the right to change these general terms and conditions and will inform the Client of this.
3. All disputes arising from or as a result of the Agreement between Ravecruitment and the Client will be settled by the competent court of the Court of Amsterdam, unless provisions of mandatory law designate another competent court.

Part II – Payrolling

Ravecruitment offers the possibility of payrolling for highly skilled migrants. Ravecruitment is accredited or known/registered as a recognized sponsor by the Immigration and Naturalization Service (IND). If the Client is not in possession of such a registration, or is awaiting such an accreditation application submitted by the Client, the Client can use Ravecruitment’s payroll service.

When payrolling highly skilled migrants, Ravecruitment is at all times responsible for the remuneration and the performance of the work in order to continue to comply with its legal obligation as a recognized sponsor and to ensure that the highly skilled migrant does not act in violation of the conditions that have been set attached to his licence

Article 23 – The Posting

1. The end of the agreement means the end of the provision. Termination of the agreement by the Client entails a request from the Client to Ravecruitment to terminate the current assignment(s) by the date on which the employment contract is or will be legally terminated, or against which the employment contract will be legally valid or will be dissolved.
2. The posting ends by operation of law if and as soon as the Ravecruitment can no longer make the Employee available, because the employment contract between Ravecruitment and the Employee has ended and this employment contract is not continued consecutively for the benefit of the same Client. In this case, Ravecruitment does not imputably fail towards the Client and is also not liable for any damage that the Client suffers as a result.
3. If the Employee is a highly skilled migrant, this Employee must be in possession of a work permit. The term for which this permit has been issued will be equal to the term of the employment contract. In any case, the term of the employment contract cannot be longer than the term for which the work permit was issued.
4. After termination of the assignment, the Client will no longer allow the Employee concerned to enter his company, unless this takes place after obtaining permission from Ravecruitment or on the basis of a legally valid employment contract concluded between the Client and the former worker.

Article 24 – Termination of the employment contract

1. Ravecruitment will inform the Client about the termination of the fixed-term employment contract and will ask the Client whether it may be extended. If the Client does not respond in any way, it can be deemed that the Client agrees to an extension of the employment contract, as a result of which the Client is entitled to extend the employment contract with the Employee. The Agreement with the Client will then also be automatically extended.
2. If, upon termination of the employment contract, a claim has arisen against the Employee in connection with incorrect/untimely provided time registration by the Client, an excessive number of vacation days taken on the instructions of the Client or the provision of advances on the instructions of the Client, Ravecruitment will will initially try to recover this claim from the Employee. Should the Employee continue to refuse to pay, dispute the claim or claim to have insufficient financial capacity, Ravecruitment will invoice this claim to the Client and the Client is due to pay it.
3. The Client indemnifies Ravecruitment against all costs and damage, both direct and indirect, resulting from the termination of the employment contract between Ravecruitment and the Employee. The Client is obliged to provide Ravecruitment with all necessary support and information that Ravecruitment indicates it needs in the context of legal proceedings to be conducted. Any procedure will be conducted in close consultation with the Client.
4. If an employee is entitled to payment of a transition payment upon termination of employment, the costs thereof will be borne by the Client. Ravecruitment invoices the amount of the transition payment and the employer’s costs to be paid over the transition payment to the Client.

Article 25 – Remuneration and remuneration

1. Before the start of the assignment, the Client is obliged to inform about the Client’s commitment to a collective labor agreement.
2. Before the start of the assignment, the Client will provide the name of the position to be performed as well as the amount of the remuneration. the same applies to other reimbursements and/or emoluments.
3. The position and/or salary scale can be adjusted during the assignment if the Employee can reasonably claim that adjustment by invoking the laws and regulations, collective labor agreement and/or remuneration scheme at the Client.
4. The Client will inform Ravecruitment in a timely manner and in any event immediately upon becoming aware of changes in the Client’s remuneration account or of changes in any collective labor agreement to which the Client would be bound in relation to its own employees, if any.
5. At the request of Ravecruitment, the Client will send Ravecruitment the own remuneration to be applied per position in writing.
6. All costs for Ravecruitment for the overtime worked by the Employee, work on Saturdays, Sundays, public holidays as well as all other costs related to irregular hours allowances are payable by the Client to Ravecruitment if and insofar as these must be paid to the Employee under the collective labor agreement or terms and conditions of employment. .
7. If it appears that an Employee has been incorrectly scaled and this must be corrected with retroactive effect, the costs will be invoiced to the Client and the Client will be obliged to pay them.
8. If the Client wishes to provide the Employee with a net expense allowance, the Client is responsible for compliance with the maximum permitted tax-free allowances. Ravecruitment has a best efforts obligation to inform the Client about the maximum amount of the tax-free fees. If a net compensation has been provided in excess of the fiscally permissible amount, the damage will be passed on to the Client by Ravecruitment.
9. If the Client makes payments to the Employee that do not go through Ravecruitment’s payroll administration and as a result the “free space” in the context of the work-related costs scheme is exceeded, 80% of the final levy must be paid on the excess by Ravecruitment. will be invoiced to the Client by Ravecruitment and the Client is obliged to pay this.

Article 26 – Ban on transfer / Employment abroad

1. The Client is prohibited from making an Employee made available to it available to third parties, unless the Client has prior written permission from Ravecruitment to do so.
2. The Client is prohibited from employing an Employee posted to it outside the Netherlands without the prior written permission of Ravecruitment.
3. As long as the assignment has not been terminated by legally valid termination, the Client is not entitled to enter into a direct employment with the Employee.

Amsterdam, May 16, 2022.