Last update: 24-01-2025
General Terms and Conditions for Recruitment Services & Hourly Deployment.
With these terms and conditions, we ensure the safety and quality of our services.
1. Definitions
In these general terms and conditions, the following definitions shall apply:
1.1 “24around”: The organizations named 24around, based in the Netherlands, hereinafter referred to as; 24around.
1.2. “Employer”: The entity that has authorized 24around to provide recruitment and selection services.
1.3. “Candidate”: A person identified, approached, screened and proposed by 24around to the employer for a potential placement.
1.4. “Employee”: The placed candidate.
1.5. “Placement”: The candidate’s acceptance of an offer of employment with the employer.
1.6. “Hourly Deployment”: When the candidate is paid through 24around.
1.7 “Buyout”: When the candidate is bought out and enters into a contract with the employer.
1.8 “Gross Annual Income”: The annual gross income agreed upon between the candidate and the employer, based on a full-time work week (40 hours per week). This amount includes the gross monthly salary, including vacation pay, supplemented by guaranteed or reasonably expected bonuses, other schemes or profit-sharing, fixed entertainment allowances and other fringe benefits. If the employer provides a car, this will be equivalent to the amount of the employer’s tax addition on an annual basis.
The person signing this document on behalf of the employer hereby agrees to abide by the terms and conditions set forth in this document. If the employee or employer fails to comply with the terms and conditions, 24around has the right to remove the employee and/or employer from 24around’s network and issue the associated penalty(s).
2. Confidentiality and Data Protection
2.1. All information relating to candidates and assignments will be treated as confidential and may not be disclosed to third parties without 24around’s written consent.
2.2. Employer will comply with applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR).
2.3. The employer will treat the private data and private situation of the candidate/employee responsibly at every stage of the recruitment process.
2.4. The employer hereby agrees not to disclose the private data of the candidate/employee to third parties. If any of the candidate’s/employee’s data is shared with third parties, a fine will be imposed equal to the mediation fee calculated for the placement of the candidate with the employer. This penalty is in addition to the recruitment fee already paid by the employer.
3. Principal’s Duty to Report
3.1. Employer agrees to immediately notify 24around of the status of the assignment regarding the candidate mediated by 24around.
3.2. In the event of any changes to the assignment, such as cancellation, suspension, change in job requirements, or other relevant information, employer shall notify 24around immediately.
3.3 In the event of an employment contract signed by the Candidate, the employer is required to share it with 24around.
3.4. In the case of a buyout placement, the employer must inform 24around regularly, at least once a week, in writing or electronically, of the progress of the assignment and the status of the candidate proposed by 24around.
3.5. During an hourly deployment:
The employer shall ensure that it is available to both the employee and 24around at all times during or around a babysitting shift. Employer shall provide regular updates to 24around and adequate accessibility about the placement, by email and/or phone.
4. Fee and Payment Terms
4.1. The fee for recruitment services shall be determined in accordance with the agreed rates and payment terms as set forth in the separate agreement between 24around and the employer.
This refers to the offer applicable to the assignment, with the associated emails about the offer and the accompanying situation outline.
4.2. The fee will be charged upon a fulfilled search assignment. The search is considered fulfilled the moment the candidate enters into an employment contract or other contractual relationship with the employer or an affiliated party. This occurs as soon as the candidate confirms acceptance of the offer from the employer or an associated party. The employer must pay this fee to 24around.
4.3 The fee payable by the employer to 24around (excluding sales tax) for the assignment, are specified in the approved offer of the assignment unless otherwise agreed in writing. The fee is expressed as a percentage of the first gross annual income that the candidate will earn with the employer. Should the fee not be agreed in the contract with the employer, or not communicated to 24around upon commencement of work at the employer, a fee to 24around of €15,000 (excluding sales tax) will apply.
5. Payment
5.1. Unless otherwise agreed in writing with 24around, employer shall at all times pay 24around’s invoices no later than 14 days from date of invoice.
5.2. After the expiry of the payment term set forth in the first paragraph of Article 5, the employer shall be in default without notice of default being required. In such event employer shall owe 24around statutory commercial interest on the outstanding amount.
5.3. Both judicial and extrajudicial costs related to the collection and recovery of payments received from the employer shall be borne by the employer. The compensation in respect of extrajudicial collection costs is set at a minimum of 15% of the principal amount due.
6. Contact
6.1. Contact with a candidate/employee for new bookings outside the knowledge of 24around is not permitted. If a candidate approaches the employer directly, the employer must immediately notify 24around.
6.2. Also, there should be no contact with the candidate regarding payment until such time as the mediated candidate is successfully purchased/placed on an hourly basis. All queries regarding payments, rates, claims or other fees will go through 24around until the candidate is actually bought out by the employer.
7. Cancellation
7.1. Cancellation policy in case of hourly deployment.
If the employer cancels 48 hours before a scheduled service then no fee will be charged. If cancelling within 48 hours before the scheduled shift 24around will charge 50% of the scheduled hours. Canceling within 24 hours before the scheduled service will be charged 100%. These rules are in effect unless otherwise agreed upon with 24around. These rules apply if no other arrangements are made in the quotation. The arrangements in the quotation between the employer and 24around shall prevail in this case.
8. Indemnification and Other Obligations Principal
8.1. If 24around introduces the employer to a candidate, it is not permitted to make applications or enter into a partnership with the candidate/employee within 18 months without 24around’s written consent.
8.2. The above rule also applies if another employment agent introduces the employer to the same candidate during this period or if the candidate contacts the employer himself. If this occurs, this Agreement shall continue to govern.
8.3. The employer may not, without 24around’s written consent, in any way disclose information about candidates/employees to third parties or introduce candidates/employees to third parties.
8.4. If the employer rejects a Candidate introduced by 24around or if the Candidate refuses an offer of employment from the employer, the employer may not enter into an employment agreement or other contractual relationship with the Candidate within 18 months of the Candidate’s initial introduction by 24around, either in its own name or through and/or in association with any natural or legal persons in which the Candidate is involved. Also, 24around reserves the right to claim performance and/or damages.
If the above rules are breached, 24around will charge a penalty of €15,000 (excluding sales tax).
9. Early Termination of Employment Agreement
9.1 If the candidate’s employment contract with the employer is terminated within one month of employment, 24around will endeavor at no cost (excluding advertising and assessment costs) to introduce a new candidate as soon as possible, provided that:
(a) The employer notifies 24around in writing within 7 days of the candidate’s termination;
(b) The termination is not the result of changes in or non-performance of the employment contract by the employer;
(c) The key characteristics of the position have not changed;
(d) The termination of the employment contract is not the result of layoff, reorganization, merger or acquisition;
(e) The employer has paid all amounts invoiced by 24around;
(f) The terms and conditions described in these Terms and Conditions have been complied with by the employer.
10. Legal responsibility
10.1 24around is an intermediary between employer and employee. 24around does not have an employment relationship with any employee and therefore cannot be held liable for any acts or omissions of any employee or any damages resulting therefrom.
10.2. 24around is not responsible for any agreements or contract terms between employer and candidate/employee.
10.3. It is the responsibility of the employer and the employee to take out liability and accident insurance. This also applies to all other insurances.
11. Privacy statement
11.1 24around respects the employers’ personal data and treats it confidentially, according to the law. Employers’ data will not be provided to third parties without express consent.
11.2. 24around will only use personal data for mediation activities between employer and candidates/employees.
11.3. General data, such as IP addresses and website visit times, will be anonymized and used exclusively for statistical analysis and website improvement.
11.4. Requesting, changing or deleting personal data and providing information about mediations can be communicated by e-mail to: info@24around.com.
12. Applicable law and competent court
12.1. These general terms and conditions, and the assignment to which they apply, are governed by Dutch law.
12.2. Disputes arising from or in connection with the assignment to which these General Terms and Conditions apply, as well as disputes concerning these General Terms and Conditions, shall, if they fall within the jurisdiction of the court, be brought before the District Court of ‘s-Hertogenbosch.
Contact
If there are any questions, please contact 24around.
Phone number: +31 6 82 14 81 33
E-mail: info@24around.com
24around