Article 1. Definitions In these General Terms and Conditions the following definitions apply:
- The Candidate: the one who is nominated by PhysioMatch to the Client for employment, including – if the Candidate is a legal entity – any staff member, or employee of the Candidate.
- Client: the person, company or legal entity including any subsidiaries or affiliates to which the Candidate is proposed.
- Assignment: an Assignment given to PhysioMatch by the Client to recruit and select candidates for the position indicated by the Client.
- Appointment/Appointing: concluding an employment contract, agreement for the acceptance of work or assignment agreement between the Client and the Candidate, or commissioning the Candidate to do so, making the Candidate available to the Client by a third party.
- The Nomination / Nominating: (I) the submission by PhysioMatch to the Client of a curriculum vitae or information identifying the Candidate and/or (II) the holding of a personal or telephone interview by the Client with a Candidate.
Article 2. Agreement
2.1 These General Terms and Conditions are deemed to have been accepted by the Client at the moment that the Candidate is nominated or appointed, or at the moment that the Client passes on information about the Candidate to third parties.
2.2 These General Terms and Conditions contain the entire agreement between the parties. Applicability of any General Terms and Conditions or Purchase Conditions by the Client is expressly excluded.
2.3 Amendments or additions to these General Terms and Conditions are only valid if they have been agreed in writing between PhysioMatch and Customer and have been confirmed by both parties.
Article 3. Notification and fees
3.1 The Client immediately informs PhysioMatch of the Appointment of the Candidate and sends PhysioMatch a copy of the agreement signed by the Client and Candidate within 7 days after appointment.
3.2 All Candidates who have gone through PhysioMatch’s selection process are considered to be candidates of PhysioMatch.
3.3 In the event that the Candidate is nominated to the Client on the initiative of PhysioMatch, the fee will be €5000 plus VAT, if applicable. In the event that the Client has explicitly instructed PhysioMatch to recruit and select a Candidate, a higher fee may apply. Agreements in this respect will be established.
3.4 The Client owes the fee upon Appointment of the Candidate, at which time PhysioMatch will send the invoice to the Client.
3.5 The term of payment is 14 days. If payment is not made within 14 days, the Client is legally in breach of contract from then on, without notice of default being required, and willl be charged an interest rate of 1% per month, whereby part of a month will be counted as a full month.
Article 4. Guarantee Regulation
4.1 In order to be eligible for a partial refund of the fee according to the conditions as referred to in article 4.2, the Customer shall pay PhysioMatch’s fee to PhysioMatch within 14 days after the invoice date and must have informed PhysioMatch of the termination, within 7 days after the termination.
4.2 If, within the legally agreed probationary period of 1 month between the Candidate and the Client, it appears that the Candidate does not meet the requirements set out in the job description, PhysioMatch will refund 50 % of the fee to the Client, without prejudice to the conditions set out in Article 4.1, unless the failure to meet the requirements has a cause other than the PhysioMatch’s sphere of influence, such as the employment of the Candidate in a position other than the position for which PhysioMatch has nominated the Candidate, change of the Client’s location, insufficient supervision, circumstances in the Candidate’s person such as relocation, illness and pregnancy. Reimbursement is also not applicable in the event of organisational changes on the part of the Client, such as a reorganisation or staff reduction. For this reason, we will maintain contact during probationary periods. If the Client re-appoints the Candidate within 12 months after the date of termination of the Appointment, the Client is still required to pay the full fee to PhysioMatch.
Article 5. Appointment resulting from nominations
5.1 The Nomination of Candidates is confidential. If the Client provides information regarding a Candidate nominated by PhysioMatch to a third party, which leads to an Appointment by this third party within 12 months following the Nomination, the Client is obliged to pay the fee applied by PhysioMatch as referred to in Article 3.3, without entitlement to a refund.
5.2 In regard to any Candidate appointed by the Client as a result of or arising from a Nomination whether or not directly arranged by or through PhysioMatch, then the fee as referred to in article 3.3 will be due within 12 months following the date of the Nomination.
Article 6. Suitability and references
6.1 PhysioMatch strives to ensure the suitability of the Candidates nominated to the Client as much as possible, by:
– establishing the identity of the Candidate;
– establishing that the Candidate has the experience, education, qualifications and all the necessary competences which are deemed necessary by the Client or which are required by law or by any regulatory authority.
– establishing that the Candidate is prepared to work in the function for which the Client wants to hire the Candidate.
6.2 Concurrent with the Nomination of a Candidate to the Client, PhysioMatch shall inform the Client of the items referred to in Article 6.1, insofar as they have reveived confirmation of this.
6.3 PhysioMatch will endeavour to do everything reasonably possible to ensure that the Client and the Candidate are aware of the conditions set by law or any appeal body to employ the Candidate in the position for which the Client wishes to employ the Candidate.
6.4 Without prejudice to the terms of articles 6.1, 6.2 and 6.3, the Client must ascertain the suitability of the Candidate, taking into account all references submitted by the Candidate to the Client or to PhysioMatch before employing the Candidate. The Client is responsible for obtaining any work permit and/or any other required permission to perform work by the Candidate, for arranging any medical examinations and/or research into the Candidate’s medical history, and for complying with any medical and other conditions, qualifications or permission required by the law of the country in which the Candidate is required to carry out the work.
6.5 In order to enable PhysioMatch to fulfil its obligations under articles 6.1, 6.2 and 6.3, the Customer shall provide PhysioMatch with information regarding the position for which the Customer wishes to employ the Candidate, including:
– the type of work to be performed by the Candidate.
– location of the work and working hours.
– the date as of which the Client wishes the Candidate to commence work.
– experience, education, qualifications and all competences required of the Candidate by the Client, by law or by any appeal body, so that the Candidate can be employed in the aforementioned position.
– health or safety risks to the best of the Client’s knowledge, as well as the measures taken by the Client to prevent or control such risks.
– the duration or expected duration of Appointment;the probable salary, eventual reimbursement of expenses and other benefits.
– the notice period of the Candidate and the Client.
Article 7. Liability
PhysioMatch is under no circumstances liable for any damage suffered by the Client, in any form whatsoever, directly or indirectly, arising from or in any way connected with the Client.
PhysioMatch’s is under no circumstances liable for the Recruitment & Selection Process, the Nomination or Appointment of any Candidate by the Client, or PhysioMatch’s failure to nominate a Candidate.
ARTICLE 8. PAYMENT
8.1 The client is obliged to pay every PhysioMatch invoice within 14 calendar days after the invoice date. The invoice has been paid if and as soon as PhysioMatch has received the amount due.
8.2 If an invoice has not been paid within the period mentioned in paragraph 1, the Client is legally in default from the first day after the expiry of the payment term without any notice of default and an interest of 1% per calendar month is payable over the outstanding amount, whereby a part of a month is counted as a full month.
8.3 If the client fully or partially disputes the invoice, he must report this to PhysioMatch in writing within seven calendar days after the invoice date, accurately stating the reasons. After this period, the right of the Client to dispute the invoice lapses. The burden of proof concerning the timely contestation of the invoice lies with the Client. Challenging the invoice does not discharge the Client from its payment obligation.
8.4 The Customer is not authorised to set off the invoice amount, regardless of whether it disputes it, against a counterclaim, rightly or wrongly alleged, and/or to suspend payment of the invoice.
8.5 All costs of collection of outstanding invoices shall be borne entirely by the Customer. The compensation for extrajudicial costs is set at a minimum of 15% of the principal amount owed, excluding interest, with a minimum of €250 (two hundred and fifty euros) per claim. This compensation will always – as soon as legal assistance is called in by PhysioMatch or by the third party who is entitled to receive the payment, or the claim by PhysioMatch or that third party has been handed over for collection – be charged and payable by the client. If the actual costs incurred for collection are higher than 15%, PhysioMatch or the third party is entitled to charge the actual costs incurred.
8.6 Payments always serve to settle the oldest outstanding invoices, regardless of which invoice the Client indicates they should be attributed to, in the following order. Firstly, they will serve to pay the costs of collecting the outstanding invoices from the Client. Subsequently, payments will be deducted from interest instalments already due. After that they are deducted from the outstanding principal sums and lastly payments are deducted from the current interest terms.
8.7 PhysioMatch can require additional securities from its clients. This can be done both prior to and during an ongoing Assignment.
ARTICLE 9. PREVENTION OF UNACCEPTABLE DISCRIMINATION
To avoid making any unlawful distinctions, in particular with regard to religion, personal beliefs, political opinion, gender, race, age or any other ground whatsoever, the Client shall never, within the framework of performance of the Assignment, impose conditions on the Flexworker or his deployment that are directly or indirectly in conflict therewith. If such conditions are stipulated, they will never be taken into account by PhysioMatch. Client indemnifies PhysioMatch against any consequences of unauthorized distinction made by him.
ARTICLE 10. INTELLECTUAL PROPERTY
10.1 All intellectual property rights with regard to the services performed in the framework of the Order or any original document, material, idea, data or other information which would be developed or made available by PhysioMatch when providing the services, belong to PhysioMatch.
10.2 Insofar as the Client permanently complies with the provisions of the contract and has paid the full price, PhysioMatch grants a non-exclusive, non-transferable, free of charge right to internal use, reproduction and modification to the Client concerning the services provided in the framework of the commission. Article 18. Confidentiality
10.1 PhysioMatch and the Client commit themselves to strict confidentiality towards third parties, of everything they learn in the framework of the contract, directly or indirectly, and in any form whatsoever, about the other party and of which they know or could reasonably have suspected that disclosure is or could be damaging to the other party.
10.2 PhysioMatch shall impose a general obligation of confidentiality on its Flexworkers. The Client is free to directly oblige the Flexworker to observe confidentiality. The Client shall inform PhysioMatch of his intention to do so and shall provide PhysioMatch with a copy of the confidentiality statement/agreement drawn up in this respect.
10.3 PhysioMatch shall never be liable for any damage suffered by the Client or a third party as a result of the fact that a Flexworker has breached a confidentiality obligation. The Client shall indemnify PhysioMatch against any claims from third parties in respect of non-compliance or inadequate compliance with any confidentiality obligation by the Flexworker.
ARTICLE 11. LIABILITY
11.1 PhysioMatch is obliged to make every effort to properly execute the Assignment and/or other agreements. If and insofar as PhysioMatch fails to meet this obligation, PhysioMatch is, with due regard for the other provisions of this article, obliged to compensate the resulting direct damage of the client, provided that the client submits a written complaint to PhysioMatch as soon as possible, but no later than 14 days after the occurrence of or the knowledge of the damage, and demonstrates that the damage is the direct result of an attributable shortcoming on the part of PhysioMatch.
11.2 PhysioMatch is not liable for any direct or indirect damage of possible claims with regard to work performed by Flexworkers provided to the Client.
11.3 PhysioMatch is in no way liable for damages and losses caused to the Client or third parties by the Flexworkers deployed by PhysioMatch. Damages and/or losses include damage to the relevant work/project and/or properties of the Client or third parties, consequential loss, damage to persons and other direct and indirect damage. PhysioMatch shall also not be liable for any commitments made by Flexworkers or which have arisen in any other way through their actions towards Client or third parties.
11.4 The Client shall be liable for any claim of a Flexworker in connection with damage suffered by him as a result of damage to or loss of any item of property belonging to the Flexworker during the performance of the work for the Client.
11.5 PhysioMatch shall not be liable for any damage suffered by the Client if the Client has provided the Flexworker with items/goods for the performance of the work (including for instance: a car, laptop, mobile telephone, keys) and these items/goods are not returned or are damaged.
11.6 The Client shall indemnify PhysioMatch against any possible claims by the Flexworkers provided to the Client and/or third parties as referred to in article 20.2, 20.3, 20.4 and 20.5.
11.7 The Client shall take out liability insurance for the acts and omissions of the Flexworkers supplied to the Client, the costs of which shall not be passed on to PhysioMatch.
11.8 PhysioMatch’s total liability with regard to the agreement shall in any case be limited, with regard to the Client as well as to third parties, contractually as well as extra-contractually or otherwise, to a maximum of 20% of the Client Rate which was applicable to the Flexworker in accordance with the Assignment over the intended duration of the Assignment with a maximum of thirteen weeks.
ARTICLE 12. DISPUTES
12.1 The parties shall endeavour to resolve any dispute in respect of the formation, explanation or performance of the Agreement by negotiation between the competent persons of each party.
12.2 If the amicable negotiations have no result or if the breach justifies compulsory measures, all disputes arising between parties as a result of the contract and these General Conditions, including those which are only considered as such by one of the parties, will only be submitted to the competent court in the district where the headquarters of PhysioMatch is located.
Article 13. Our Anti-Discrimination Policy
13.1 By means of this policy we want to make clear to all parties with whom we do business or will do business in the future that we are against discrimination. We want to create and/or maintain a diverse labour market. We are committed to treating everyone equally within the industry in which we operate.
13.2 In our view, discrimination occurs when people are treated unequally on the basis of age, gender, marital status, sexual orientation, philosophy of life, political or religious beliefs, race, ethnic origin, disability or nationality.
13.3 By creating the most diverse team possible within an organization, we believe that an organization will also perform better. The more diversity, the better. We therefore reject any form of discrimination.
13.4 We pursue this policy by only working with organizations that align with us. If we have already joined forces with an organisation and it later transpires that they have made discriminatory statements, the collaboration will be terminated. We want to make clear that preventing discrimination takes precedence over commercial interests.
We appreciate it if you pass on discriminatory reports to us if this is the case with an organisation with which we do business. Mail to firstname.lastname@example.org or call +31 6 29 53 36 30. We will keep this report anonymous at all times.