General Terms and Conditions - FosFor B.V. (version June 12, 2025) - English below
FosFor B.V.
Industrial road 20a
1521 ND Wormerveer
Telephone: +31 (0)75 207 3472
E-mail: info@fosfor.nl
Chamber of Commerce number: 82162654
1. Definitions
In these general terms and conditions, the following definitions shall apply:
Client: the natural or legal person who enters into an agreement with FosFor B.V.
Contractor: FosFor B.V., hereinafter referred to as “FosFor”.
Agreement / Assignment: the assignment agreement between Client and FosFor, including these general terms and conditions and any attachments or assignment confirmations.
Working days: Monday to Friday, excluding public holidays.
Candidate: any natural person proposed or reached by FosFor in the context of a recruitment or selection assignment.
Campaign: the marketing and recruitment activities carried out by FosFor aimed at attracting candidates for the client.
2. Applicability
2.1 These general conditions apply to all offers, quotations, agreements, deliveries of services and products of FosFor, as well as to all actions preceding an agreement.
2.2 By entering into a cooperation, starting an assignment, providing data or paying (part of) an invoice, the client automatically agrees to these general terms and conditions and to the agreed assignment.
2.3 If new assignments are given or existing work is continued after a previous collaboration, these general terms and conditions automatically apply again, regardless of whether a new contract has been signed for that new assignment.
2.4 Deviations or additions to these terms and conditions are valid only if agreed in writing and confirmed by FosFor.
2.5 General terms and conditions of the client are explicitly rejected unless FosFor has accepted them in writing.
2.6 If any provision in these terms and conditions is null and void or annulled, the remaining provisions shall remain in full force and effect.
3. Conclusion of the agreement
3.1 The agreement is established once FosFor has received an order confirmation signed (digitally) by the client, or once FosFor has actually started carrying out work.
Once the execution of the order starts, this shall be considered as implicit agreement with both the content of the order and these general terms and conditions.
3.2 Offers by FosFor are non-binding and valid for 14 days, unless otherwise stated in writing.
3.3 The agreement supersedes all previous oral or written agreements between the parties on the same subject matter.
4. Purpose and implementation of cooperation
4.1 The purpose of the cooperation is to attract, select and hire suitable candidates for the client.
4.2 FosFor carries out its work as an effort commitment, not a result commitment. FosFor does not guarantee a specific number of candidates or placements, unless otherwise agreed in writing.
4.3 FosFor determines the way in which the work is carried out, taking into account the client's wishes.
4.4 FosFor will:
Design and implement an effective recruitment strategy in consultation with the client;
carefully select candidates based on pre-agreed criteria;
respond within 8 working hours towards interested candidates;
Conduct regular consultations with client;
Advise on labour market trends and candidate potential;
process personal data in accordance with the AVG.
4.5 The client shall:
Provide FosFor with accurate and complete information in a timely manner;
Respond to candidate proposals within 8 working hours;
Treat candidates fairly and provide timely feedback;
make an offer as soon as a candidate is selected;
actively cooperate to ensure a swift and successful procedure.
5. Equal treatment and code of conduct
5.1 Both FosFor and the client treat all candidates equally and with respect.
5.2 Assessment is made solely on suitability and job-related criteria.
5.3 Discrimination based on origin, gender, age, religion, sexual orientation, political affiliation or other non-performance-related characteristics is prohibited.
6. Financial provisions
6.1 All fees charged by FosFor are exclusive of VAT and other levies.
6.2 Invoices must be paid in full within 14 days of the invoice date, unless otherwise agreed in writing.
6.3 Payment is made automatically on the first working day of the month for standing orders.
6.4 If, after several payment reminders, the client remains in default of payment, FosFor reserves the right to engage a collection agency. All resulting costs will be fully borne by the client.
6.5 If warranted by the client's financial position, FosFor may demand an advance payment or additional security.
6.6 FosFor can adjust its rates annually or make interim changes in case of increase in costs (such as wages, currency, taxes or media rates).
7. Attribution and success fee
7.1 A candidate is considered to have been introduced by FosFor if he/she responds or applies during a current FosFor campaign.
7.2 This also applies to candidates applying through the client's website or social media channels, if it is plausible that they have been reached by the FosFor campaign.
7.3 If a candidate introduced by FosFor is still employed within 6 months of introduction, the client shall still be liable for the agreed success fee.
7.4 The success fee is invoiced at the time the candidate signs an employment contract.
8. Probationary period and departure of candidate
8.1 FosFor is not responsible for the performance of a hired candidate or for departure during the probationary period.
8.2 There will be no refund or compensation in case of departure or unfitness of the candidate.
8.3 Should this occur, FosFor and client may decide by mutual agreement on a new campaign or alternative approach.
9. Intellectual property
9.1 All campaigns, texts, visuals, advertisements and other materials developed by FosFor remain the property of FosFor, unless otherwise agreed in writing.
9.2 The client only acquires the right to use this material during the cooperation and only for the purpose of the respective recruitment campaign.
9.3 After termination of the cooperation, reuse of materials without written permission from FosFor is not allowed.
10. Confidentiality and data protection
10.1 Both parties undertake to keep confidential all confidential information they obtain in the context of the cooperation.
10.2 FosFor only processes personal data in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).
10.3 Confidential information may not be shared with third parties unless it is necessary for the performance of the assignment or required by law.
11. Liability
11.1 FosFor is not liable for indirect damages such as loss of profits, reputation damage, business stagnation or consequential damages.
11.2 FosFor is not liable if damages are caused by incorrect or incomplete information provided by the client.
11.3 The client shall indemnify FosFor against third party claims arising from the use of information or materials provided by FosFor.
12. Force majeure
12.1 FosFor is not obliged to fulfil obligations if this is reasonably made impossible by circumstances beyond its control (such as illness, pandemics, government measures, breakdowns or technical problems at third parties).
12.2 In the event of force majeure, the parties shall consult to find a suitable solution.
12.3 If the force majeure situation continues for more than 30 days, both parties may terminate the agreement in writing without compensation.
13. Notice and termination
13.1 Either party may terminate the agreement in writing with a notice period of one month. Unless otherwise agreed.
13.2 FosFor retains the right to payment for all work carried out and costs incurred until termination.
13.3 If client terminates the agreement prematurely without a valid reason, FosFor is entitled to claim compensation for loss of occupancy and other demonstrable costs.
14. Due date
All client claims against FosFor shall expire one year from the time they arose.
15. Applicable law and competent court
15.1 All agreements between client and FosFor are exclusively governed by Dutch law.
15.2 Disputes will first be solved by mutual agreement. Failing that, only the court in the district of FosFor's establishment in Wormerveer will be competent.
Version: 12 June 2025
© FosFor B.V. - All rights reserved
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Terms and conditions - FosFor B.V. (version 12 June 2025)
FosFor B.V.
Industrial road 20a
1521 ND Wormerveer, The Netherlands
Phone: +31 (0)75 207 3472
Email: info@fosfor.nl
Chamber of Commerce (CoC) no: 82162654
1. Definitions
For the purpose of these terms and conditions:
Client: the natural or legal person who enters into an agreement with FosFor B.V.
Contractor: FosFor B.V., hereinafter referred to as “FosFor.”
Agreement / Assignment: the agreement between the Client and FosFor, including these terms and conditions and any appendices or confirmations.
Business Days: Monday through Friday, excluding official Dutch public holidays.
Candidate: any individual presented or reached by FosFor as part of a recruitment or selection assignment.
Campaign: the recruitment and marketing activities executed by FosFor aimed at attracting candidates for the Client.
2. Applicability
2.1 These terms and conditions apply to all offers, quotations, agreements, and services provided by FosFor, as well as to all preparatory actions preceding such agreements.
2.2 By entering into a collaboration, starting an assignment, providing data, or (partially) paying an invoice, the Client automatically agrees to these terms and conditions and to the agreed assignment.
2.3 If new assignments are given or existing work is continued after an earlier collaboration, these terms and conditions automatically apply again, regardless of whether a new contract has been signed.
2.4 Deviations from or additions to these terms and conditions are only valid if agreed upon in writing and confirmed by FosFor.
2.5 The Client's own general terms and conditions are expressly rejected unless FosFor has accepted them in writing.
2.6 Should any provision of these terms be nullified or declared void, the remaining provisions shall remain in full force and effect.
3. Formation of the Agreement
3.1 The Agreement is established once FosFor has received a (digitally) signed confirmation from the Client, or as soon as FosFor has actually commenced the work.
Once the execution of the assignment has started, this shall be deemed as implicit acceptance of both the assignment content and these terms and conditions.
3.2 All quotations issued by FosFor are without obligation and valid for 14 days, unless stated otherwise in writing.
3.3 The Agreement replaces all previous oral or written arrangements between the parties on the same subject.
4. Purpose and Execution of the Collaboration
4.1 The collaboration aims to attract, select, and hire suitable candidates for the Client.
4.2 FosFor performs its work on a best-efforts basis, not a results-based guarantee. FosFor does not guarantee a specific number of candidates or placements unless expressly agreed in writing.
4.3 FosFor determines the method of execution, taking into account the Client's preferences.
4.4 FosFor shall:
develop and execute an effective recruitment strategy in consultation with the Client;
carefully screen candidates based on agreed criteria;
respond to interested candidates within 8 working hours;
maintain regular communication with the Client;
advise on labour market developments and candidate availability;
process personal data in accordance with the GDPR.
4.5 The Client shall:
provide FosFor with complete and accurate information in a timely manner;
respond to candidate proposals within 8 working hours;
treat all candidates fairly and provide feedback promptly;
make an offer once a candidate has been selected;
actively cooperate to ensure a smooth and successful hiring process.
5. Equal Treatment and Code of Conduct
5.1 Both FosFor and the Client shall treat all candidates equally and with respect.
5.2 Evaluation will take place solely on suitability and job-related criteria.
5.3 Discrimination based on origin, gender, age, religion, sexual orientation, political preference, or any other non-performance-related factor is strictly prohibited.
6. Financial Terms
6.1 All FosFor rates are exclusive of VAT and other government-imposed charges.
6.2 Invoices must be paid in full within 14 days of the invoice date, unless otherwise agreed in writing.
6.3 For ongoing assignments, payments are made automatically on the first business day of the month.
6.4 If the Client remains in default of payment after multiple reminders, FosFor reserves the right to engage a debt collection agency. All related costs shall be fully borne by the Client.
6.5 If the Client's financial position warrants it, FosFor may require an advance payment or additional security.
6.6 FosFor may adjust its rates annually or during the term of the Agreement in the event of cost increases (such as wages, taxes, media rates, or currency fluctuations).
7. Candidate Attribution and Success Fee
7.1 A candidate is deemed to have been introduced by FosFor if he/she responds or applies during an active FosFor campaign.
7.2 This also applies to candidates who apply via the Client's website or social media channels, if it can reasonably be assumed they were reached through FosFor's campaign.
7.3 If a candidate introduced by FosFor is hired within six (6) months of their initial introduction, the Client remains liable for the agreed success fee.
7.4 The success fee is invoiced once the candidate signs an employment contract with the Client.
8. Probation and Candidate Departure
8.1 FosFor is not responsible for the performance of hired candidates or if a candidate leaves during the probationary period.
8.2 No refunds or compensation will be provided in the event of departure or unsuitability of the candidate.
8.3 If this occurs, FosFor and the Client may jointly decide to conduct a new campaign or take an alternative approach.
9. Intellectual Property
9.1 All campaigns, texts, visuals, advertisements, and other materials developed by FosFor remain the exclusive property of FosFor, unless agreed otherwise in writing.
9.2 The Client is granted the right to use such materials only during the collaboration and solely for the purpose of the agreed recruitment campaign.
9.3 After termination of the collaboration, reuse of any materials without written permission from FosFor is strictly prohibited.
10. Confidentiality and Data Protection
10.1 Both parties are obliged to maintain confidentiality regarding all confidential information obtained during the collaboration.
10.2 FosFor processes personal data solely in compliance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).
10.3 Confidential information may not be shared with third parties unless required for the execution of the assignment or mandated by law.
11. Liability
11.1 FosFor shall not be liable for indirect or consequential damages, including but not limited to loss of profit, reputation damage, business interruption, or any other consequential loss.
11.2 FosFor shall not be liable for damages resulting from incorrect or incomplete information provided by the Client.
11.3 The Client indemnifies FosFor against any third-party claims arising from the use of information or materials supplied by FosFor.
12. Force Majeure
12.1 FosFor shall not be obliged to perform any obligation if such performance is reasonably prevented by circumstances beyond its control (including illness, pandemics, government measures, or third-party system failures).
12.2 In the event of force majeure, both parties shall consult to find an appropriate solution.
12.3 If the force majeure situation lasts longer than 30 days, either party may terminate the Agreement in writing without liability for damages.
13. Termination and Notice
13.1 Both parties may terminate the Agreement in writing with a one-month notice period, unless otherwise agreed.
13.2 FosFor retains the right to payment for all work performed and costs incurred up to the termination date.
13.3 If the Client terminates the Agreement prematurely without valid reason, FosFor is entitled to compensation for lost capacity and demonstrable costs.
14. Limitation Period
All Client claims against FosFor expire one year after the date on which they arose.
15. Governing Law and Jurisdiction
15.1 All agreements between the Client and FosFor are governed exclusively by Dutch law.
15.2 Disputes will first be resolved amicably wherever possible.
If resolution is not achieved, the court in the district of FosFor's registered office in Wormerveer, the Netherlands, shall have exclusive jurisdiction.
Version: 12 June 2025
© FosFor B.V. - All rights reserved
