GENERAL CONDITIONS FOR SERVICE AGREEMENT

Chapter 1     General conditions

Article 1:           The Future Alliance

The general conditions for service agreements govern the relations with the client and the services provided by “The Future Alliance”.  These services are stipulated in the agreement.  The general conditions are an integral part of the signed agreement. The Future Alliance N.V. and My Future Works will be referred to hereafter as The Future Alliance.

Article 2:           Written mission

Before The Future Alliance proceeds with the execution of services, the company must have a signed copy of the agreement or an electronic order confirmation from the client. The agreement concluded between the client and The Future Alliance is a best effort undertaking.

Article 3:           Indexing prices

The agreement is concluded on the basis of the tariffs valid on the date of signature of the agreement to which our general conditions for service apply. If during the validity of an agreement the index (PC 200) changes, the change will also apply to all outstanding amounts.

Article 4:           Definition Person

The Future Alliance has access to personal data of individuals for its HR activities. Individuals are all individuals who entrust personal data to The Future Alliance in the context of any activity of The Future Alliance. Persons include but are not limited to : candidates, employees who receive coaching, employees who enter into outplacement, employees or candidates who participate in selection tests and assessment centres.

Article 5:           GDPR

The client must observe all the rules relating to the law on privacy and to the GDPR when consulting the candidate’s file and his curriculum vitae.  The data supplied by The Future Alliance to the client concerning the candidate’s established recommendations remains the property of The Future Alliance.  Since this data (advice, reports, resumes ,tests,…) is being treated confidentially, it cannot be used for other purposes without prior consultation and permission between the parties and the candidate. The client respects the limitation periods and the laws of candidates (like the right to be forgotten). Violations of these rules will result in the automatic termination of the contract, and this without cost to The Future Alliance. Any possible compensation to the candidate that might result is fully at the expense of the client.

Article 6 :          Not recruiting

The client undertakes not to undertake any initiative aimed at encouraging an employee of The Future Alliance to resign in order to enter the service of this one, for a period of one year after the end of the contract. binding the client to The Future Alliance.

If, however, this condition is violated, a fixed compensation of € 18,000 excluding VAT will be claimed per employee hired to compensate for the damage suffered by The Future Alliance.

Article 7:           Confidentiality

All information provided by the client during the collaboration with The Future Alliance will be treated confidentially. The Future Alliance asks the client to treat the information provided by The Future Alliance with the same discretion

Article 8:           General payment conditions

Every invoice emitted by The Future Alliance is supposed accepted by the client if it is not disputed within 14 days by registered letter mentioning the reasons of dispute.

Invoices are due for payment 14 days after submission by bank transfer to the account numbers listed on the invoice.

Each expired and unpaid invoice of more than 30 days will, in conformity with the law, and without advance notice, be subject to interest for late payment of 9% per year up to the date of full payment, as well as with compensation equal to 10% of the invoice amount with a minimum of 150 EUR. This conventional interest rate of 9% will continue to apply even in the case of a court order. Administrative costs for payment reminder will be imputed with the interest and will be amounted to 75€.

In the event of non-payment of one or more overdue invoices, The Future Alliance will not be obliged to provide further services despite any agreement made when earlier invoices have expired.  The Future Alliance maintains the right to terminate its services without prior notification.  The agreement will automatically be cancelled at the expense of the client, who will be held responsible for payment of the full amount previously agreed.

Article 9:           Client list

Unless differently agreed, it has been permitted to The Future Alliance – within the framework of its activities – to mention the name (identity) of the customer in its communication.  This indication is only an indication of the company name or logo and will not contain any other information.

Article 10 :        Pictures

At the start of the procedure, you agree that The Future Alliance will use the images from your communication. Those images can be used for the publication of job offers and possibly in references, unless otherwise stated previously. You remain the sole and exclusive owner of these images.

Article 11:         Dispute settlement

Any dispute between The Future Alliance and the client shall be construed and governed by the laws of Belgium, and will be brought before and decided on by a court of competent jurisdiction located in Ghent.

Chapter 2     Search

Article 12:         Notify candidates

A candidate is considered to be presented to a client when The Future Alliance sent any information that identifies the candidate, even if the client knows this candidate himself. The agreement comes into effect as soon as it is signed or as the agreed date is included in the contract.

Article 13 :        Profile changes

 

If in the course of a search for a specific vacancy, the client communicates important profile changes such as, but not limited to, changes in the non-negotiable criteria to which each candidate must comply, a new intake will be planned and a new authorization will be billed.

Article 14 :        Shortlist

The client will receive a first shortlist as agreed in the intake report. If the client can demonstrate on the basis of the non-negotiable criteria that he cannot find the ideal candidate in this first shortlist (2 reports), The Future Alliance will provide the client with a second shortlist (2 reports). If the customer can’t demonstrate on the basis of the non-negotiable criteria that they do not find what they are looking for in the second shortlist, they will pay an additional shortlist bill before The Future Alliance provides them with a new shortlist.

Article 15 :        Reference check

Reference checks with previous employers will only be undertaken at the explicit request of the client and will be undertaken exclusively and confidentially by The Future Alliance. The Future Alliance will only request references after the candidate’s consent and ensures the utmost discretion with regard to third parties with the exception of the customer. The customer is never allowed to take action itself to obtain references about a candidate – in any way whatsoever – on penalty of termination of the agreement with The Future Alliance with full payment of the fees and with waiver of claims made by candidates in this regard.

Article 16 :         Truthful

Candidates are requested by The Future Alliance to demonstrate absolute honesty in providing information.

The Future Alliance, as a professional consultancy company, undertakes to make its best effort to provide recommendations of the highest quality standard, but can never be held responsible for these recommendations.  The contracts of The Future Alliance are ‘best effort’ contracts.

Article 17:         Cancellation of an order

In the event of the agreement being cancelled by the client before the presentation of a shortlist, those costs already incurred will be charged to the client, in addition to a compensation equal to 50% of the services not yet performed.

If the client suspends a mission for more than a month before a shortlist has been presented, this decision will be considered an outright cancellation.

When the client has received a shortlist but decides not to proceed with an hiring for any reason, the fees stipulated in the search contract will be due entirely.

Article 18:          Each hiring counts

A recruitment takes place when a candidate is hired on a temporary basis as well as on a permanent basis. The sort and the type of contract with which the candidate is hired by the client doesn’t play a role in qualifying the recruitment.

Article 19 :         Extra candidates

Candidates who, during the period of the recruitment and evaluation procedure, make contact with the client spontaneously or through other channels, and who are valid candidates, will be referred to The Future Alliance. They will be subjected to a comparative analysis and included in the procedure without any supplementary charge, so long as the number of such spontaneous candidates does not exceed three.

For candidates who were presented to the client during a search procedure and didn’t get hired directly but get hired within 24 months after the expiry of the contract, a fee equal to 20% gross annual salaries (= monthly gross salary x 13.92) of the recruited candidate with a minimum of 8.000€ will be charged. The client is held responsible to inform The Future Alliance of the engagement of the candidate. This also applies for sister companies, subsidiaries or any other company with which the client maintains links.

Article 20 :         Guarantee

If within six months after recruiting the recommended candidate, the candidate is dismissed and has to be replaced, The Future Alliance will relaunch the entire search procedure for the position.  The Future Alliance will only charge the administrative costs to an amount of 10% of the contract.  This amount will be invoiced at the commencement of the relaunch period.

This new research is however limited in time, maximum 6 months and begins as soon as the required administrative costs have been paid. In addition, this new search-list is limited to a shortlist (a shortlist is made up of 2 potential candidates).

This guarantee clause applies only and only if the fee for the initial agreement has been fully paid in accordance with the contractual agreement. There will be no guarantee on the guarantee. No guarantee is given on reduced fees.

Article 21 :        Payment conditions Search

Unless otherwise explicitly agreed in writing, the following payment modalities will apply:

  1. One-third of the initial sum will be paid on signature of the agreement.
  2. A second one-third will be paid when minimum 2 candidates’ reports are sent to client.
  3. The balance will be paid after a recommended candidate is appointed and the contract with the candidate is signed.

Fees must be paid regardless of the source of the candidate.

If within the framework of this assignment or within a period of one year after completion of this assignment, the client hires other recommended and shortlisted candidates, the Future Alliance will charge a fee equal to 20% gross annual salaries (= monthly gross salary x 13.92) of the recruited candidate with a minimum of 8.000€.

If candidates who were referred to the customer are also recruited by the customer – without a formal contract was established – the client will pay a finders fee to The Future Alliance equal to 20% gross annual salaries of the recruited candidate with a minimum of 8.000€.  In this case the guarantee clause does not apply. If the customer has the application already in his possession, he should notify that in writing, otherwise the candidate will be considered as a candidate sent by The Future Alliance.

If more than 1 month suspension of the mission is requested by the customer, this is equal to abortion. The Future Alliance will then apply the general conditions as foreseen in the termination of a search assignment (art. 17). .

Article 22 :        Expenses

The reasonable transport costs charged to the Future Alliance by the candidates in the context of recruitment interviews, as foreseen by the law, will be charged to the client.

Possible advertising costs required by the client are always at charge of the client but are only charged after a formal agreement of the client.

The “out of pocket” costs for databases and publishing van vacancies are calculated at a flat rate of 5% for research missions.

However clients who pay their invoices punctually within 14 days, will not be charged. If customers pay their first two invoices outside the foreseen periods, this 5% expenses will be charged on the final invoice.

Article 23 :        Exclusivity

The client will engage in an exclusivity agreement with the provider. During the period of validity of this agreement, the client will not involve any other provider in relation to the assignment at hand. If candidates apply spontaneously they will be referred to The Future Alliance and, if they match the profile, will be subject to the same selection procedure as other candidates and if necessary added to the shortlist.

Article 24 :        No recruitment

The Future Alliance undertakes not to approach employees currently employed by the client on behalf of third parties within 12 month after termination of the collaboration.

If this occurred, a fixed compensation of 18.000€ excluding VAT will be charged to the client for each hired employee.

 

Chapter 3:    Projects

Article 25 :         Definition

By projects, we mean any set of activities which come under a common denominator and which are not recruitment missions. Such a set of activities is justifiable on the basis of programs, notes or offers which have been shared with the client and in which concrete activities and schedules have been agreed or requested by the client and confirmed by The Future Alliance NV .

Projects include, but are not limited to:

  • organizational consulting and/or change management
  • employee support,
  • Workshops & training & development projects
  • assessments & development centers,
  • coaching
  • outplacement

Article 26:         Digital information

Projects are budgeted in different ways. This can take the form of time & effort estimation, price quotations per file in the project or any other concrete and quantified estimation that has been communicated in writing to the client in order to have a concrete picture of the efforts, the time spent and the costs (e.g. purchase of material and licenses) which are carried out and which will also be invoiced during the execution.

Article 27:         Client Commitment & The Future Alliance

The client’s commitment to project information and the efforts provided is, among other things, but not limited to, made difficult by the request of the necessary time for the execution of the assignments within the project and/or the confirmation that the project proposal has been accepted and/or the confirmation that The Future Alliance has been appointed as executor of the project and/or any other justifiable demand that leads to effective planning of time, resources, subcontractors, material and licenses required by The Future Alliance NV.

Article 28:         Cancellation or postponement of projects

If the customer, for whatever reason, terminates the contract or in practice doesn’t respect the agreements and/or postpones the execution of the project, the following damages will be charged to the client.

-if the cancellation or postponement occurs less than 3 (three) months before the start of the project, 50% of the service fees and costs will be charged to the client;

– if the cancellation or postponement occurs less than 4 (four) weeks before the start of the project, 100% of the service fees and costs will be charged to the client;

Even when a client books performances a short time before their execution (for example one week) and due to circumstances beyond his control, the agreement made can’t continue, the full fee for those performances will be charged, after all this reserved time and preparations cannot be sold again.