General Terms and Conditions
Unless specific terms and conditions have been agreed between Desire result and party, the below general terms and conditions apply.
Transfer of Data
Article 1.1
- Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
- If you are located outside the Netherlands and choose to provide information to us, please note that we transfer the data, including Personal Data, to the Netherlands and process it there.
- Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
- Desire result Amsterdam will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information. Desire result will always handle data in accordance with General Data Protection Regulations and other applicable regulations in connection to the protection of Personal data.
Recruitment and Selection
Article 2.1
Recruitment and selection may be aimed at temporary agency work/secondment or at direct employment of a candidate in your organization. This depends on your requirements.
- Desire result will perform the recruitment and selection of candidates on the basis of recruitment and selection assignment aimed at the employment relationship between the client and the candidate or on the basis of an assignment for the proposal of a candidate to the client.
- Desire result may also propose potentially suitable candidates to the client on its own initiative without an assignment or request from the client to that effect, with a view to filling (potential) vacancies.
- On the recruitment of candidates, desire result have rights to use the client’s Trades name and Logo/brand free of charge.
- The client will provide desire result with all relevant information for the proper implementation of the assignment or other agreement in good time, This include an accurate Job description, Preferred qualifications, An indication of the salary, working hours , scope of work , location of work and contemplate terms of the assignment
- On the basis of the information provided by the client, desire result will conclude which candidates it will propose to the client. The client can reject the proposed candidates. Client will state the reasons of the rejection in writing on request of desire result. The client will choose to select the candidates unless desire result has agreed that desire result will select the candidates on behalf of the client.
- Desire result will make effort to represent potential candidates to the client. Desire result not attributably in default in respect of the client and is not obligate to pay the client compensation for any cost of candidate if desire result is unable, for any reason whatsoever to propose the candidate to or to do so. Desire result is not liable if the candidate that it proposes:
- Cannot be made available to the client as a temporary agency worker for any reason or;
- Does not wish to enter in an employment relationship with the client or terminates the employment relationship contracted.
- Article 2.1 applies in terms of recruitment of students. Whether they are living in Netherlands or another country.
- Desire result will provide services to the applicant according to the assignment between desire result and the client.
Payment and refund policy
Article 3.1
- Payments made for any services provided would be final with no refund. Desire result is entitled to request advance payment of compensation or guarantees with regards to payments.
- Desire result will issue the invoices at the start of the agreement, unless otherwise agreed. Desire result can send the invoice both by regular mail and electronically. Applicant agrees to electronic invoicing by desire result.
- The applicant is obliged to pay invoices within 30 days after the invoice date unless otherwise agreed. The applicant or Client cannot apply any changes in the invoice. The right of settlement and suspension by the applicant or client is excluded.
- Desire result is free to make different payment agreements with the applicant. Deviating payment arrangements can only be agreed in writing. If in the opinion of desire result there is threat coming from somewhere to do so. Desire result is entitled to suspend its services until the requested advance payment or guarantee has been met.
- If the payment term is exceeded. The applicant will be in default.
Good Performance
Article 4.1
- Desire result is not liable to the applicant for damage suffered by the client , third parties or employee himself arising from the actions unless and in as far as the damage is demonstrably direct result of an action of desire result in selection of the would be employee.
- The client safeguards Desire result against all claims against desire result as the employer of the employee by the third parties or the employee himself in relations to the damage and will recompense reasonable costs incurred by Desire result in relation to this.
- The client shall agree with the third party that the third party will not make the employee available to anther third party.
- The client will comply with its legal obligations as the provider with relation to the provision of employees.
Advice
Article 5.1
- Desire result advice the candidate on the basis of information provided by the client to desire result, with the aim of realising the objectives formulated by the client for the assignment or other agreement.
Insurance
Article 6.1
- The client and desire result shall make sure to insure themselves against liabilities on the grounds of provision of these terms and conditions. The client shall provide proof of the insurance at desire result’s request.
Permission of or decision by an authority
Desire result is not responsible for an authority granting necessary permission or informing the applicant of positive decisions even if it has been within the framework of this agreement to provide, on the applicant’s account, a particular school place, a work permit etc. Desire result is not responsible for applying for visas personally, we only advise how to complete your application forms and we help in all other matters. The applicants do it themselves.
Applicable Law
The existence, Construction and performance and termination of general terms and conditions shall be governed in accordance with Dutch Law.