General Conditions & Disclaimer
The General Terms and Conditions of Simacon are registered at the Chamber of Commerce of Eindhoven under file number 17241303.
1.1. Commissionee: the entity or legal entity who carries out the order for the client as referred to in
Article 1.2 The commissionee will do this to the best of his knowledge and ability as well as up to the standards of workmanship.
1.2. Client: the entity or legal entity/contract partner who owns the company or organization in which Simacon carries out the order.
1.3. Simacon (also referred to as we and us): the entity or legal entity who has accepted the order as referred to in Article 1.4 or who has submitted an offer prior to a possible order.
1.4. Order: any agreement to carry out the agreed duties with all corresponding responsibilities and authorities. These General Conditions apply to any order.
1.5. Senior consultant: representative of Simacon during the execution of the order.
1.6. Parties: Simacon and the client
1.7. Term of the contract: the agreed term of the order
1.8. Annual salary: gross salary in a period of 12 months including emoluments such as holiday allowance, thirteenth month’s salary, bonuses, leased car (fixed at 10% of the gross catalogue value) and possible allowance for expenses.
1.9. Offer: a written or unwritten offer for the services delivered by Simacon to intended client as well as price. Offers are valid for 14 days.
|These General Conditions are applicable to any order to be carried out by Simacon. Standard conditions observed by the client do not apply unless they have been accepted in writing by Simacon.|
|3.||Effecting an order|
|Our offer is based on the information given by the client until then. The client guarantees that information has been provided which is essential for the plan and execution of the order. An offer from Simacon is free of obligation unless stated otherwise. In an offer or order Simacon describes as good as possible the procedure to be followed; if required the terms of delivery will be stated. The order will be effected after acceptance by Simacon. Acceptance can be shown by a signed offer or a written confirmation by Simacon.|
|4.||Obligations of Simacon|
We will make an effort to carry out orders to the best of our knowledge and ability, in accordance with specified requirements and workmanship. We will carry out the order from a professionally independent attitude. During the execution regular consultations with the client will be held of course about the state of affairs and the way the order will be carried out.
If we find any facts or circumstances at the acceptance and execution of the work which have or may have a negative effect on the progress of our work or the result of our services, we will inform the client about this.
We will do our utmost to carry out the order according to the agreed plan. The term of the order can, in addition to our efforts, be effected by all kinds of other influences such as the quality of information which we obtain and the assistance we are given. With the exception of gross negligence or intention of Simacon, exceeding the term of the contract does not entitle to dissolution or partial dissolution of the order or compensation in any way for any damage suffered by the client.
|5.||Obligations of the client|
|The client provides us timely with all documents and information which we need for carrying out the order. We must be able to rely on the timely availability of employees of the client who are involved in the order. The client is not allowed to involve third parties in carrying out the order, otherwise than with our consent. Facts and circumstances, resulting from changes in policy and/or organization or in the direct market environment should be reported to Simacon without delay so it will be possible to take them into account in carrying out the order.|
|6.||Intellectual property rights|
The intellectual property rights with reference to the output developed or used during the execution of the order by Simacon belong to Simacon.
Without prior written consent from Simacon, the client is not allowed to multiply, publicize or exploit these rights with or without engagement of third parties or otherwise.
|We are obliged to observe confidentiality of all information and data of the client with respect to third parties. Within the scope of the order, we will take all precautions for the protection of the client's interests. Likewise, the client will not, without our consent, disclose information to third parties about our approach, method and reports.|
|8.||Adjustment and termination of the order|
If any circumstances occur with reference to the order which were not expected at the commencement of the order, a solution will be found in mutual consultation and in good harmony, such as adjustment of the order.
If one of the parties is affected by a state of force majeure, it will immediately disclose information to the other party about this. Parties will hold consultations and try to find a reasonable solution. Client and Simacon are both entitled to decide not to go through with the order, when the originally agreed work will be made considerably more difficult or impossible due to changed circumstances. In case of premature termination, unless otherwise agreed, a notice period of a month will be observed. Work carried out till then will be remunerated as usual. In that case, neither client nor Simacon will be able to file any claim in any shape manner or form whatsoever.
At continuation of the order, adjusted and new conditions will be added to the original order and with that it will form a new whole. If one of both parties goes bankrupt, applies for a moratorium of payments, is being wound up or is being dissolved, the other party has the right to terminate the order without giving notice.
In case of a recruitment-related order, the order will be terminated by successfully carrying out the order or placement of a candidate.
|9.||Rates and expenses|
In our standard rates and the estimated costs based on these rates, all standard office expenses are included. Travelling expenses and possible accommodation as well as expenses for travelling abroad and, if desired, different numbers of copies of printed notes, reports and the like which normally apply to the order, are not included. All prices and rates are excluding VAT.
Interim & Consultancy assignments will be charged per hourly fee; Exclusive recruitment assignments against 15% of the Annual Salary of the candidate; file based recruitment assignments against a fee which is 2x the gross month salary of the candidate.
Any possible expenses made by third parties, which we have to incur on the order, will be passed on to the client on submission of invoices.
The costs for interim alterations which force us to rate-fixing or price-fixing agreements, will be passed on with a maximum of once per six months.
Unless another arrangement has been made, we send an invoice or advance bill every 2nd week against payment within 14 days of the date of invoice. In default of payment within 14 days of the due date, Simacon is entitled to charge the statutory interest rate. Payment of the final invoice serves as approval of termination of the order by the client.
If the client does not pay after a written warning as well, he is liable to the amount due as well as compensation of any judicial and extrajudicial collection costs. The amount of these costs will be determined at at least 15% of the amount due.
Simacon is only liable for possible damage during the execution of the order when it is a matter of gross negligence or intention. Our liability is limited to the amount of the remuneration of the order concerned. We are neither liable for consequential damage nor for damage by third parties.
Simacon takes out a decent liability insurance policy for itself and for the person who is called in by the commissionee for carrying out the order. The liability is limited to the amount for which the insurance is effected, plus the excess of this insurance. A copy of the present policy with conditions is available for public inspection at Simacon.
|Agreements between client and Simacon are governed by Dutch law. If due to the order a dispute has arisen between client and Simacon, then both parties will try to settle this dispute amicably. To this end, it is also possible to jointly submit the dispute to an independent expert for advice or mediation. There is a dispute if one of the parties states this to the other party and stating that which is the subject of the dispute according to this party. If the dispute is not solved, it will be submitted to the competent civil court.|
|None of the parties is allowed to employ personnel of the other party or negotiate about employment with this personnel during the execution of the order and within one year after termination of the order, otherwise than in consultation with the other party.|
|Simacon will, if applicable, file its records during a term of ten years, commencing after termination of the order. When this term has lapsed, the records will be destroyed without prior notification.|
Simacon takes the greatest possible care in the contents of this website. The information on this website will be updated as often as possible. It will still be possible that the information shown on the website is or has become incomplete or inaccurate. Simacon is allowed to make changes at any desired moment. Simacon cannot offer guarantees for the result intended by the visitor on the basis of the information on this website. It is not possible to derive any rights from the information on this website.
Visitors of this website are not allowed to duplicate, distribute or publish provided copyright information, products or services in any way without prior permission of Simacon otherwise than for their own use.
Simacon disclaims any liability for direct or indirect damage of any nature, which arises from or is connected in any way with the use of this website and/or with the impossibility to consult this website. Simacon is listed in the Trade Register of the Chamber of Commerce under file number 17241303 and is governed by the Dutch law. The General Conditions apply to all our services and activities as shown on www.simacon.biz in which a limitation of liability is recorded.