Terms & Conditions
Because WE work on a no cure no pay basis, OUR services will be governed only by the following Terms & Conditions unless agreed otherwise in writing. These Terms & Conditions are accepted from the moment that YOU receive CONFIDENTIAL INFORMATION from US, unless YOU give written notice within 3 working days that you are not willing to accept these Terms & Conditions. In that case, YOU must immediately return all received CONFIDENTIAL INFORMATION to US.
Definitions
COMPANY, WE, US, OUR: Kanoff Legal.
CLIENT, YOU, YOUR: Any person using US to introduce or recruit CANDIDATES.
CANDIDATE: Any person who has been introduced by US to YOU for recruitment as a FEE EARNER.
ORIGINAL CANDIDATE: A CANDIDATE introduced by US. Every CANDIDATE introduced to
YOU by US, whether by CV or in some other form, shall be considered to be an ORIGINAL CANDIDATE unless YOU inform US in writing within 3 working days that you have already received information from another source. A CANDIDATE is no longer an ORIGINAL CANDIDATE 12 months after the last written communication about that CANDIDATE.
FEE EARNER/SERVICE AGREEMENT: Person working directly or indirectly under a contract of service (consultancy, management agreement, etc.) or a labor contract.
TOTAL GROSS REMUNERATION (TGR): annual gross salary, net allowances and bonuses to be paid for the first 12 months of service. Where the allowances or bonuses are not fixed amounts, average figures for comparable persons in CLIENT’s staff can, upon mutual agreement, be used to calculate the amount of the net allowances.
FEE: Sum due US, to be paid by YOU, for every SERVICE AGREEMENT contract YOU enter into with an ORIGINAL CANDIDATE. The FEE equals 25% of the TGR of the FEE EARNER.
CONFIDENTIAL INFORMATION: Any and all information, provided by US, which is sufficient to identify a CANDIDATE.
THIRD PARTY: Anyone other than the CLIENT or the COMPANY.
Contract
1. The Service
1.1. WE shall introduce CANDIDATES to YOU.
1.2. WE warrant that WE will use OUR best efforts to introduce suitable CANDIDATES to YOU.
2. Fee
2.1. YOU pay US a fee only if a CANDIDATE enters into a SERVICE AGREEMENT with YOU.
2.2. Any offer for a SERVICE AGREEMENT made by YOU to OUR CANDIDATE must be simultaneously copied to us.
2.3. Interest of 1% month is due, ipso jure and without any notification, for FEES remaining unpaid 15 days after invoice date.
2.4. Every overdue balance gives right, ipso jure and without any prior notification, to a penalty of 15 % of the unpaid amount.
2.5. OUR services are complete once a CANDIDATE begins his/her engagement with YOU.
3. Confidential information
3.1. YOU shall only use CONFIDENTIAL INFORMATION for the purpose for which it was transferred to YOU.
3.2. YOU shall return the CONFIDENTIAL INFORMATION upon OUR request or if it is no longer needed.
3.3. YOU agree to protect any CONFIDENTIAL INFORMATION in the manner that YOU would use to protect YOUR own personal information and shall never transfer the CONFIDENTIAL INFORMATION to a THIRD PARTY.
3.4. If CONFIDENTIAL INFORMATION about a CANDIDATE is transferred to a THIRD PARTY, and if this leads to the ENGAGEMENT of the CANDIDATE, YOU will owe us a FEE as if the CANDIDATE was ENGAGED by YOU.
3.5. YOU shall not approach a CANDIDATE’s current employer without the written consent of the CANDIDATE.
4. Data Reliability
4.1. Any information provided by US is gathered directly from the CANDIDATE.
4.2. YOU are the only one responsible for verifying the authenticity of the transferred data.
4.3. YOU have the responsibility to confirm whether the ENGAGEMENT of a CANDIDATE would constitute a breach of a THIRD PARTY contract.
5. Consequential Employment
5.1. If an ORIGINAL CANDIDATE provides information or acts in any way which results in YOU engaging another person, whether permanently or temporarily, within 1 year of the last written communication concerning the ORIGINAL CANDIDATE, a FEE for each such other person is due in accordance with the present Terms and Conditions.
6. Governing Law and Court Competence
6.1. This contract is governed by Belgian Law.
6.2. Only the Brussels courts are competent.
6.3. YOU furnish an address for service of process at YOUR offices in Belgium.