This document contains the text of the terms and conditions as used by Dynamics GURU, hereinafter referred to as Dynamics GURU. These rules will apply to all current and future tenders, requests, orders and agreements between Dynamics GURU and its clients. If and in so far as Dynamics GURU one or more of the following activities and Dynamics between GURU and a client a contract is concluded or there is a request to this effect, quote, or command, the corresponding, included in this document terms and conditions, to the exclusion of the conditions of the client. Deviating conditions are only part of an agreement between Dynamics GURU and a client, if those conditions are expressly accepted in writing by Dynamics GURU.
Article 1: General
1.1. Recruitment & selection is the command where Dynamics GURU for entering (or a similar form of employment) for a client, select one or more candidates and this (n) orally or in writing to client introduces. A successful fulfillment of the recruitment command is the case where a GURU by Dynamics at client proposed candidate accepts the contract of employment (working or otherwise).
1.2. The way in which the recruitment & selection command is running, the function by Dynamics GURU that the command affects the applicability of these general conditions, the fee and any other information and obligations be confirmed in an order confirmation to the client.
1.3. The client is not allowed candidates proposed by data Dynamics GURU GURU to third parties without the prior written consent of Dynamics. If the client no agreement with the candidate the client must destroy the data.
Article 2: fee
2.1. Dynamics GURU works on the basis of ‘ no cure no pay ‘, where only fee is due in case of successful fulfillment, meaning signing labour contract of the proposed candidate, possibly by Dynamics GURU in the manner as provided for in article 2.7, or on the basis of a fee that will be charged at (another) successful fulfillment.
2.2. In the case ‘ no cure no pay ‘ is agreed amounts to a successful fulfillment the total fee is a percentage of the gross annual salary as indicated in article
2.4. The rate, plus sales tax, billed at the time the employment contract by the client and the candidate is signed or, if it is failed to sign the employment contract in a timely manner, in the first week of the appointment of the selected candidate.
2.5. the client, is apart from the tariff, all costs incurred due to Dynamics GURU Dynamics GURU for the fulfilment of the agreement. If costs are incurred will be required.
2.6. the principal shall be held as soon as possible but no later than 14 days after a request by Dynamics done GURU to provide data, necessary for the determination of the fees and the start date of the GURU by Dynamics selected candidate. If the client fails, insufficient or incorrect data provided is the height of the Dynamics GURU entitled gross annual salary and start date and in accordance with that estimate.
2.7. Under a successful fulfillment of the recruitment command is also understood the case that a GURU by Dynamics to the principal, proposed candidate within 12 months after that introduction in employed or otherwise and/or, not through third parties, in any way works at the client or at an affiliated company. Unless the client has made reservations in advance an emphatic on the subject, the rate also payable if the GURU by Dynamics introduced candidate at client through a job or otherwise to a greater or lesser extent known if turn out to be.
2.8 In case of expatriate there will be a temporary contract for the candidate to have certain securities. In this case the fee can be applied. Dynamics Guru will assist the candidate with applying his VISA and assist with temporary living space. This part of the project is always done with the customer.
Article 3: terms of payment
3.1. The terms of payment of invoices sent by Dynamics GURU is 7 days after the invoice date.
Article 4: complaints
Complaints relating to the method of execution and the quality of the work of Dynamics GURU should be addressed and at the latest eight days after the work complained of, should have been executed or that are performed, motivated and to be communicated in writing to Dynamics GURU, failing which any right that the client can derive, expires. Treatment of complaints in a timely and properly, in consultation between the client and Dynamics GURU. Complaints do not suspend the payment obligation of the client on.
Article 5: interest on arrears and costs
If the client is in default, it is a direct interest on arrears payable to Dynamics GURU due in accordance with the legal interest rate plus two percent (art. 6:119 BW) on the outstanding principal amount per month, in which a part of a month as one month is counted. All costs of collection and recovery of the invoice, including judicial and extrajudicial costs, are entirely the responsibility of the client.
Article 6: applicable law in disputes
6.1. the agreement as well as the command, the application and the quotation of Dynamics GURU are fully governed by Dutch law.
6.2. If parties to differences of views on the implementation and/or explanation of the agreement by mutual agreement not to come to an agreement, each of the parties free to the competent civil court. Disputes between Dynamics GURU and client under running the command be brought before the competent court in Breda, unless mandatory law provisions on the basis of another judge is designated.