Article 1: Applicability
1.1 These terms and conditions apply to all offers, orders, contracts and the resulting supply and service of Conversion Talent NV, with registered office at De Kleetlaan 4, 1831 Mechelen/Brussels (VAT BE 0835.641.043 RPR Brussels) (hereafter “Conversion Talent”) .
1.2 These terms and conditions deviating conditions and agreements are only valid if and insofar Conversion Talent has confirmed this deviation in writing.
1.3 All offers of Conversion Talent are without obligation and are valid for a period of ten days from the date of issue, unless expressed otherwise. If a quote is accepted Conversion Talent has the right to withdraw this offer at any event within ten days after receipt of the acceptance.
1.4 Conversion Talent is not bound by terms and conditions of the client. The applicability of general conditions of the client is excluded explicitly.
Article 2: Assignment
2.1 These terms are valid for the following agreements:
– The agreements valid for recruitment: these are the agreements valid for assignments between the client and Conversion Talent on which on behalf of the client, Conversion Talent will work on the object the establishment of an employment contract between the client and the candidate;
– The agreements to implement online marketing services: these are the service arrangements between the client and Conversion Talent on which Conversion Talent provides online marketing services by professionals;
(Hereafter the “Agreements”).
2.2 Changes afterwards in the agreements apply only to the extent that they have been agreed in writing.
2.3 Conversion Talent will perform to their best abilities the adopted assignments in accordance with the regulations, standards and specifications as defined in the agreements.
2.4 The client must at all times be ascertain of the suitability of a candidate or professional proposed by Conversion Talent, before accepting the services of the candidate or offer a contract. The client will be responsible for checking qualifications, identity and other data valid for the professional / candidate. Acceptance of the services or the provision of a service is regarded by the client as a confirmation of the suitability of the candidate.
2.5 Conversion Talent of is not liable for any damages or losses arising from an incorrect selection of a professional / candidate. The provisions in Article 4 of these terms and conditions apply.
Article 3: Duration and termination
3.1 The mission of recruitment is indefinite. Wherever possible, the estimated duration of the assignment in the agreement of recruitment will be recorded without exceeding a term of twelve (12) months. Regular termination occurs by entering into an employment relationship between the client and the candidate who was selected by Conversion Talent based on the assignment. The client is obliged to notify Conversion Talent of this immediately in writing, stating the function and starting date of the candidate.
3.2 The order to carry out online marketing services applies for the duration included in the agreement. Early termination is excluded, except in the cases set in the agreement.
3.3 Conversion Talent has the right to terminate the contract unilaterally without payment or judicial intervention in case of voluntary or judicial dissolution of the client, insolvency, bankruptcy or receivership.
3.4. If a vacancy is withdrawn by the customer (or the profile of the job changes completely) after assigning the recruitment assignment to Conversion Talent, then the customer will be charged a cancellation fee of € 2,000 / vacancy (excl. VAT) to compensate the services provided by Conversion Talent.
Article 4: Liability
4.1 Conversion Talent executes the assignments accepted by it, which means commitments, in their best ability and represents the assignments following the rules of art with the care of a good contractor. Conversion Talent cannot be held liable for indirect damage, including (but not limited to) loss of reputation, loss of goodwill, loss of profit or loss of the client as a result of performing a task. Except in cases of fraud, wilful misconduct or gross negligence, the contractual and non-contractual liability of Conversion Talent at all times is limited to the amount covered by the applicable liability insurance that was closed by Conversion Talent. The total liability shall in no event exceed the value of the agreement?
4.2 With regard to services from third party suppliers, Conversion Talent accepts no liability other than the liability of the third party suppliers are willing to accept for their products and / or services.
4.3 Subject to intent or recklessness in her virtue _ Conversion Talent is not liable if a candidate / professional by them selected or appointed damages of any nature whatsoever, direct or indirect, caused when exercising of activities to a third party or the client himself.
4.4 The client indemnifies Conversion Talent at all times against any claims by the candidate / professional or third parties against Conversion Talent to pay damages of any nature whatsoever, direct or indirect, arising out of the performance of the work by the professional, unless there is intent or deliberate recklessness.
4.5 Any liability of Conversion Talent expire in any case after one (1) year after the facts upon which the claim is based , known to the client or could reasonably have known.
4.6. Conversion Talent is also not responsible or liable for the medical screening or testing of candidates / professionals, as well Conversion Talent is not required to give medical information regarding the proposed profiles.
Article 5: Billing and Payment
5.1 The billing of the services provided by Conversion Talent happens to the rate specified in the Agreements. If no currency is defined invoicing takes place in Euros.
5.2 Conversion Talent brings the client a fee including VAT charged. In addition, costs for third parties, including advertising costs, will be charged to the client. In case of cancellation of the order to place an advertisement or others to be performed by third parties and charged to Conversion Talent by the third party supplier will be invoiced to the client.
5.3 The client shall pay invoices for fees without deduction or suspension possible, at the registered office of the creditor, within fourteen calendar days after date of invoice to the bank account indicated on the invoice, unless otherwise agreed.
5.4 In case of non-payment of an invoice, all subsequent invoices will be immediately due and without prior notice, plus an additional compensation of 10% of the value of the contract with a minimum of 100 EUR with arrears amounting to 1% monthly on the unpaid invoice amount. Conversion Talent reserves the right to suspend all current versions of commitments until the client has paid the overdue invoices.
5.5 Complaints on invoices must be submitted within seven calendar days after the date of dispatch of the invoice in writing to Conversion Talent. The burden of proof regarding timely filing of a complaint rests on the client. After this period complaints will no longer be considered and the client is deemed to have waived his right to complain. A complaint does not affect the liability of the principal.
5.6 All costs of collection, including the full and actual costs of legal assistance, both in and out of court, by whosoever issued, are the sole responsibility of the client. The fee in respect of extrajudicial costs are fixed at 10% of the principal amount due, without prejudice to the right of the creditor to claim compensation for the legal fees caused by the non-payment and without prejudice to the right of the creditor to claim compensation for other damages that are not purely due to the non-payment. This fee will always, once legal aid invoked by Conversion Talent is given, respectively the claim by Conversion Talent for collection, without any further proof will be charged to the client.
Article 6: Invoicing after termination of recruitment assignment
6.1 If the client, after termination of the recruiting assignment for any reason introduces a by Conversion Talent presented a candidate to another company or institution within 12 months and this means that there is an employment relationship agreement between the candidate and the company or institution, the customer is obliged to pay the costs incurred by the Conversion Talent’s recruitment fee.
6.2 If it occurs that during the term of the recruitment assignment a candidate introduced by Conversion Talent within two years after termination of the contract is introduced in the client service, the client is obliged to pay the costs incurred by Conversion Talent recruitment, as well as the compensation shown in the proposal.
6.3 In case of modifying the function, the resulting profile and the job requirements lead to the launch of a new procedure of recruitment, the costs incurred by Conversion Talent will be charged and the assignment will be considered complete. Based on the new information, a new procedure is started according to the agreed rates.
Article 7: Confidentiality
7.1 All data relating to the candidates/professionals proposed by Talent Conversion are confidential and will be treated as such by the client.
7.2 The client and the persons for whom the client is liable are not allowed to provide the data of the candidates / professionals to third parties or use for a purposes other than the assignment of recruitment or execution of online marketing services.
Article 8. Indication portfolio
8.1 The client agrees to an entry in the portfolio on the website of Conversion Talent or other commercial documents.
Article 9 – Protection of personal information
9.1 The client commits to respecting the privacy of the individuals whose data are processed and to act in accordance with the Belgian legal provisions on the protection of personal data.
Article 10: Disputes and applicable law
10.1 These terms and conditions and all offers and agreements to which these general conditions apply shall be governed by Belgian law.
10.2 All disputes arising in connection with an offer, a contract or other agreement to which these general conditions apply shall be settled by the competent court of the judicial district of Leuven and each other possible jurisdiction that may be applicable are specific and explicit excluded.
Article 11. Force Majeure
11.1 The terms of the agreement will be reviewed by mutual agreement if an unforeseeable event beyond the control of the parties with the result that one of the parties advantages from this agreement which does not proportionate to its obligations. Failing agreement, each party shall appoint an expert to determine whether the benefits arising from this agreement were substantially amended as a result of an unforeseen event.
11.2 If Conversion Talent is in a situation where the implementation of the agreement in whole or in part, temporarily or otherwise, is prevented by circumstances beyond the control of Conversion Talent, even though this circumstance at the time of conclusion of the agreement already foreseen, Conversion Talent has the right to cancel the agreement by simple written notification to the client of the reason that prevents the execution of the agreement. The client in this case has no right to compensation.
Article 12. Severability
12.1 If any provision (or part thereof) of these Terms and Conditions would be unenforceable or contrary to a mandatory provision, this will not affect the validity and enforceability of the other provisions of these terms and conditions, nor the validity and enforceability of that part of the relevant provision that is unenforceable or contrary to a mandatory provision. In such a case, the parties negotiate in good faith to replace the unenforceable or conflicting provision by an enforceable and valid provision as closely as possible to the purpose and intent of the original provision.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.