21 min read
When making business/deals with us have those business conditions.
Kindly note that we can have different frames for a company and a private person.
All missions accepted by us (hereinafter, “The Company”) shall be governed by the present Business terms. Unless The Company expressly accepts the Client’s conditions in writing, the present terms and conditions supersede all other terms and conditions in the event of a conflict.
Our concept is a little different, why we have clarified our working framework
The contents of this agreement are as follows:
- Business terms and conditions;
- Payment terms and conditions;
- Answers made for the Q&A;
- Rules for recruitment;
– Focused on the client;
– Focused on the candidate.
1.1 “Consultancy” shall mean 4selection its successors and assigns or any person acting on behalf of and with the authority of 4selection. In 4selection we also name our consultants as advisors.
Included in 4selection is our candidate databank: candidatedatabank.com
1.2 “Client” shall mean the person, firm or corporate body described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or firm or corporate body.
1.3 “Engagement” shall mean the engagement, employment or use of the Candidate by the Client.
1.4 “Fee” shall mean the price for the ordered assignment.
1.5 “Introduction(s)” shall mean the introduction of a Candidate to the Client by the Consultancy. No prior specific instruction from the Client is required to effect an Introduction.
1.6 “Remuneration” shall mean the sum the client or the candidate has received the assignment will cost, received in a written offer.
1.7 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.8 “Services” shall mean all services supplied by the Consultancy to the Client whereby Candidates are recruited into temporary, contract or permanent employment in line with these terms and conditions and include any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.9 “Candidate” shall mean an applicant for a temporary, contract or permanent position of employment introduced to the Client by the Consultancy.
2.1 Any instructions received by the Consultancy from the Client for the supply of Services and/or the Client’s acceptance of Services supplied by the Consultancy shall constitute acceptance of the terms and conditions contained herein.
2.2 Introductions are affected by the Consultancy and are deemed to be accepted by the Client upon the Client’s request for details of Candidates or interview with Candidates (whether by telephone or person).
2.3 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Fee.
2.4 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of the Consultancy.
2.5 The Client undertakes to give the Consultancy at least fourteen (14) days notice of any change in the Client’s name, address, city, zip, country, email and/or any other change in the Client’s details.
2.6 The client commits to respond quickly when a consultant presents a candidate. The client must invite the candidate to an interview within 5 working days after we have submitted a presentation of the candidate. If we lose the candidate due to the client does not respond quickly, the customer will be offered an additional candidate for an additional price, calculated in the hours it takes to invite, interview and process an extra candidate or more candidates.
3. Client shall pay the Company’s fees under the payment terms mentioned in the specific conditions. All fees are calculated according to the rate in effect at the Company, plus VAT or equivalent taxes.
3.1 In 4selection you pay for the hours we work for you. We offer some packets, and you can also decide what of the service you need, and pick this.
3.2 When you order more of our service you will have to order on the website and secure the payment, we can also help you to make the order. This way we can hold down the prices and this is a vital part of the low price structure. We normally don’t see any problems with this as our clients also need to use internet payment when using Linkedin.
3.3 In some cases, we can offer a Client paying after receiving an invoice. However, the full amount must be paid/received no later than 7 days after ordering, the assignment will first be started when the full amount is received. In the case of invoice purchase, an administration fee of US$ 39 (DKR 250.00) is charged. We do not offer long payment deadlines, as stated, the low prices are set with the focus on credit card or PayPal payment. All payment is related to our Payment terms: http://4selection.com/payment-terms/
3.4 The end of the contract is not a result of an economic layoff or from a modification of the position (or of the function) exercised by the Candidate or from restructuring by the Client.
3.5 We reserve the right to stop an assignment in case of non-payment. The task can be resumed after the full amount has been paid. In the case missing payment indirect or direct effect an ongoing task, like we lose the candidates, we reserve the rights to charge for a new research process.
3.6 In case of disagreement, this does not authorize a client to withhold 4selections effects or material.
4.1 The Client hereby disclaims any right to rescind or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by the Consultancy and the Client acknowledges that the Services are bought relying solely upon the Client’s competencies/skill and judgment.
5.1 In the event of a Candidate ceasing employment within three (3) months of the commencement date.
5.2. Guarantees do not apply to replacement Candidates and are dependent on invoices and all money due from the Client being paid by the due date.
5.3 Guarantees do not apply if the Client or one of its subsidiaries or another company of the group has hired the Candidate within a period of 6 months following the end of the contract.
5.4 The guarantee in Clause 5.1 shall not cover any termination of employment which may be caused or partly caused by or arise through reasons beyond the Consultancy’s control including, but not limited to:
(a) redundancy, consultancy closure, restructuring, change of management or significant change in the job description;
(b) employment termination not in accordance with any applicable code of practice;
(c) the Client shall notify the Consultancy before a candidate may be terminated. The Consultancy shall, at its own discretion, undertake to supply a replacement at no additional cost. In other words, we want to get involved so early in the situation if there are problems with the candidate. If we are not contacted before any termination of a candidate, we have the right not to provide a guarantee. The customer must justify in writing why the client wishes to terminate the newly recruited candidate.
5.5 In the event that the Consultancy is unable to find a suitable replacement Candidate within twelve (12) weeks of notification, then providing that the Client does not employ the services of other agencies or any other alternative methods or causes unreasonable delay in the interviewing process, the Consultancy shall refund a proportion of the Fee(s) as follows:
(a) 75% of the Fee(s) where the termination occurs within the first month from commencement; or
(b) 50% of the Fee(s) where the termination occurs within no less than 4 weeks and not more than 8 weeks from commencement; or
(c) 25% of the Fee(s) where the termination occurs within no less than 8 weeks and not more than 12 weeks from commencement; or
(d) no refund where the termination occurs after three (3) months from commencement.
5.6 Sales employees, Sales managers, Sales directors or any roles with a focus on sales are not covered by any guarantee.
6.1 In connection with this agreement, the Client grants the Consultancy permission to contact the Client (or Candidate) in connection with this recruitment, a communication/contact that will take place discreetly.
Our concept and low prices are made out from that the client pay the fee up front before we start the assignment, but we do see clients bye more and in some cases, it can be relevant with rules related for payment later than before we start the assignment:
7.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
7.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify the Consultancy from and against all costs and disbursements incurred by the Consultancy in pursuing the debt including legal costs on a solicitor and own client basis and the Consultancy’s collection agency costs.
7.3 Without prejudice to any other remedies the Consultancy may have if at any time the Client is in breach of any obligation (including those relating to payment); the Consultancy may suspend or terminate the supply of Services to the Client and any of its other obligations under the terms and conditions. The Consultancy will not be liable to the Client for any loss or damage the Client suffers because the Consultancy exercised its rights under this clause.
7.4 If any account remains overdue after thirty (10) days then an amount of the greater of €20.00 an amount of DKK 100.00 is charged with reference to Danish rules for collection.
7.5 Without prejudice to the Consultancy’s other remedies at law the Consultancy shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Consultancy shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Consultancy becomes overdue, or in the Consultancy’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
8.1 Despite anything to the contrary contained herein or any other rights which the Consultancy may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Consultancy or the Consultancy’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Consultancy (or the Consultancy’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) should the Consultancy elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Consultancy from and against all the Consultancy’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) The Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Consultancy or the Consultancy’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 8.1.
Act 1988 & Data Protection Act 20039.1 The Client and the Guarantor/s (if separate to the Client) authorizes the Consultancy to:
(a) collect, retain and use any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing products and services to the Client; and
(b) to disclose information about the Client, whether collected by the Consultancy from the Client directly or obtained by the Consultancy from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing (whether before or after judgement) a default by the Client on publicly accessible credit reporting databases.
9.2 Where the Client is an individual the authorities under (clause 9.1) are authorities or consents for the purposes of the Data Protection Act 1988 & Data Protection Act 2003.
9.3 The Client shall have the right to request the Consultancy for a copy of the information about the Client retained by the Consultancy and the right to request the Consultancy to correct any incorrect information about the Client held by the Consultancy.
9.4 The law is defined here: https://eugdpr.org
10.1 All correspondence forwarded by the Consultancy to the Client and relating to any and all Candidates shall be considered to be strictly private and confidential between the parties involved and cannot be forwarded to any other party unless formal written permission is given, in advance, by the Consultancy.
10.2 Should these conditions be breached by the Client the Consultancy reserves the right to charge the Client a penalty Fee equivalent to the value of the original placement Fee for the Candidate.
11.1 It is the Client’s responsibility to:
(a) ensure that all future communication with Candidates is performed with the consent of the Consultancy;
(b) treat the initial 12 weeks of employment as a “mutual responsibility” period and ensure that the new employee is given a robust induction and all necessary training and support during the early stages of their tenure;
(c) ensure at the time of the interview with a Candidate that they are satisfied with the Candidate’s qualifications, capability, integrity, and suitability to the position specification;
(d) take up any references (including the confirmation of any professional or academic qualifications);
(e) arrange all medical examinations and investigations of the Candidate (Evaluate what kind of vaccines a candidate needs to be able to work in the country where the Candidate gets his or her base. The Client must also cover these expenses;
(f) in the case, the Candidate arrives from another country, arrange all documents related to visa and work permits or other permits. The Client must also cover these expenses;
(g) familiarise themselves with all relevant legislation regarding employment of Candidates, and;
(h) in the case the Candidate arrives from another country, the Client has the responsibility to support the new employee and securing an invitation letter.
(i) in the case the Candidate arrives from another country, must ensure the Candidate expatriate insurance, and it must be binding before the Candidate flies out for the job.
11.2 If for a given mission, the Client decides to recruit (or to collaborate with) more than one of the Candidates introduced by The Company, instead of just the one contractually agreed upon, then the Client shall pay The Company fees for each of the Candidates.
The Client shall inform The Company of the hiring of any Candidate(s) in accordance with the present terms and conditions within 30 days and, specifically, of the terms and conditions of the employment contract agreed to by the Candidate(s) hired.
11.3 The Company places an advertising service at the Client’s disposal and whose expenses shall be for the Client’s account. Cancellation will follow the medias business terms. The client pays for the advertising via credit card, or the company can choose to do the advertising themselves (some have big discounts).
11.4 The Candidate’s transportation and other expenses incurred while going to an interview with the Client are for the Client’s account. If a candidate needs to fly in for an interview, we will ask for the Client’s approval and secure payment via credit card before inviting. The Client can also decide to arrange this themselves.
11.5 The Client shall be responsible for all medical examinations and for all steps necessary in obtaining work permits or authorizations for the Candidate. Furthermore, the Client shall ensure that he is in perfect accordance with all employment legislation in effect.
11.2 In connection with a recruitment process, there will naturally be different things from the consultant, from the client to the candidate. This information shall be keeps confidential and must not be handed over to a 3rd person in any way.
11.3 A candidate is required to tell the truth, does it appear on the way or after the process has completed knowledge, do we get evidence about the candidate has not spoken true, the consultant has permission to pass this information to his client. If the false information leads to the termination of a candidate or a candidate’s rejection, the candidate confirms that he or she cannot sue our client or us as consultants. If a candidate does not speak the truth, the consultant reserves the right not to present the candidate to the company, as well as we hold the right to suspend a candidate from a recruitment process. This need not be explained by the consultant.
11.4 With a focus on the Data Act, a candidate has the right to know what data we have in archives about a candidate, a candidate has the possibility ask to get deleted all information. The consultant will simply list the name and address of the candidate with a wish to be deleted from our archives/a consent has been revoked. And the material will be deleted, only the name and address will be noted to inform the Data Act about the candidate’s wishes.
12.1 The Company shall use its best efforts to ensure the aptitude of the Candidates introduced to the Client and to maintain a high quality of service and integrity, but it does not guarantee expressively or implicitly the aptitude of the Candidates introduced to the Client.
12.2 The Company is not liable to the Client for any damage, loss, expenses, disputes or spending suffered or incurred by the Client in connection with the recruiting or hiring of Candidates by the Client.
12.3 The Company shall use its best efforts to honor the agreement but refrains from a commitment to deliver the anticipated result.
(It has not happened yet, since 2006, we have not delivered what we have searched for).
13.1 The Consultancy interviews Candidates and obtains details from them of their qualifications, skills, and experience, which the Consultancy records and retains. The information contained in the Consultancy’s assessment and report is therefore based on details supplied to the Consultancy and is correct to the best of the Consultancy’s knowledge. The Consultancy accepts no responsibility whatsoever for errors, omissions or incorrect conclusions.
13.2 Whilst the Consultancy endeavors to select Candidates which, in the Consultancy’s opinion, are most suitable to the Client’s needs, the Consultancy shall accept no liability on behalf of themselves, the Consultancy’s employees, agents or assigns for any loss or damage, costs of compensation, howsoever caused, which the Client may suffer or for which the Client may become liable arising out of, or in connection with, or as a result of, the introduction by the Consultancy to the Client, of any Candidate.
13.3 The Consultancy cannot accept responsibility for any loss or expense incurred due to the Client’s lack of familiarity with any relevant legislation regarding employment of Candidates, or as a result of any infringement.
14.1 Each clause of this contract is severable and distinct from the others. If any provision of these terms and conditions is or becomes invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.2 After an initial interview with the Candidate any and all direct communication by the Client with the Candidate will be solely with the written consent of the Consultancy.
14.3 These terms and conditions and any contract to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.
14.4 The Consultancy shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Consultancy of these terms and conditions.
14.5 In the event of any breach of this contract by the Consultancy the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Consultancy exceed the Fee of the Services.
14.6 The Client shall not be entitled to set off against or deduct from the Fee any sums owed or claimed to be owed to the Client by the Consultancy.
14.7 The Consultancy reserves the right to review these terms and conditions at any time. If following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Consultancy notifies the Client of such change. Except where the Consultancy supplies further Services to the Client and the Client accepts such Services, the Client shall be under no obligation to accept such changes.
14.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, missing electricity, drought, storm or other events beyond the reasonable control of either party.
14.9 Competence clause: any dispute arising in connection with the validity, interpretation, performance or termination of this contract shall fall exclusively within the competence of the court in Copenhagen, Denmark.
15.0 Our Consultants must follow the normal hourly rates, working with consultant fees at 3 levels, national, regional and global, that address the type of department you work for; or secondary to the impact work will have.
15.1 All Consultancy work will be added local tax.
15.2 When its Consultantcy work, for a company or an organisation, we charge for minimum 3 hours.
15.3 NGO can apply for a discount, but only humanitarian organisations, who do compleatly neutral work.
Last updated: April 11, 2021 at 21:08 pm