General conditions

GENERAL TERMS & CONDITIONS OF RECRUITMENT & SELECTION of The Family Assistant

Art. 1 Definitions

In these terms and conditions, the following definitions shall apply:

1. Recruitment and Selection: assisting the client in the search for candidates for the position of family assistant in which the creation of an employment contract or related direct employment relationship between the employer and the candidate is intended.

2. TFA: The Family Assistant

3. Client: the natural person who orders recruitment and selection by TFA.

4. Candidate: the (prospective) Family Assistant/Nanny involved in the recruitment and selection process.

of TFA for a client.

5. Search assignment: the agreement between the client and TFA under which TFA performs recruitment and selection activities on behalf of the client in question.

Art. 2 Creation of a search request

1. All offers by TFA are non-binding unless the contrary is expressly made known in an individually addressed written offer. Prices stated in an offer are exclusive of VAT unless otherwise indicated.

2. The search assignment comes into effect after TFA has confirmed receipt by it of a verbal, telephone or e-mailed consent from the client to the client in writing or by e-mail. Only TFA shall be deemed the contractor vis-à-vis the client. The applicability of Articles 7:404 and 7:407 paragraph 2 of the Civil Code is excluded.

3. A search request is subject to these general terms and conditions, recruitment and selection.

Art. 3 Execution of a search

1. By accepting a search assignment for recruitment and selection, TFA assumes an obligation of effort. A nomination of a candidate is made to the best of our knowledge and in accordance with the standards of good workmanship.

2. Information provided to TFA by the client itself will be accepted as correct.

3. References will be obtained only with the candidate's consent.

4. The client is responsible for his final choice of a candidate and for the appointment.

5. TFA is not liable if the candidate turns out not to meet the client's requirements or expectations unless this is the demonstrable direct result of acts or omissions by TFA in violation of the provisions of paragraph 1 of this article. Any liability of

TFA in that case is limited to direct damages of the client and to a maximum of the amount charged and/or payable to the client in connection with the search in question.

bring fee.

Art. 4 Duration of a search

1. A search assignment ends by its success consisting in the client's acceptance of the proposed candidate or by the expiration of any agreed maximum duration of the search assignment. The parties may extend this duration by mutual agreement.

2. The client may terminate the search in writing at any time.

Article 5 Candidates of TFA

1. The candidate has attended or will attend The Family Assistant's Start-up Masterclass prior to placement with a family as soon as possible.

Art. 6 Compensation

1. TFA and client agree upon the establishment of the search assignment a fee of twice the gross monthly salary of the Family Assistant/Nanny and a monthly fee of €350,- which continues until the end of the contract with the Family Assistant/Nanny (which is automatically debited). This assignment confirmation and fee will be recorded in an email from TFA to the client.

or

One time three times the gross monthly salary of the Family Assistant/Nanny with no monthly fee.

2. Any additional costs incurred by TFA in consultation with the client within the framework of the execution of the search assignment, such as travel and/or accommodation costs of the candidates, rental of a location for interviews, etc., will be borne by the client in addition to the agreed fee.

3. When starting a search through TFA, a starting fee of €500 will be charged, once this is paid, TFA will start the search for a candidate and TFA will post a vacancy online.

4. If and to the extent that the Client enters into an employment relationship of any kind for itself, through third parties and/or for third parties with a candidate recruited and/or selected by TFA, the Client shall owe TFA a fee in the amount of three gross monthly salaries agreed upon with the family assistant on the basis of a 40-hour week plus VAT payable thereon.

5. In case the client wishes to change or supplement the search assignment, TFA will indicate to what extent the change and/or supplement will result in a change in the agreed fee due.

6. Client is obliged to inform TFA immediately if an employment relationship referred to in paragraph 4 is established, specifying the gross monthly salary agreed with the family assistant based on a 40-hour work week.

Art. 7 Payment and consequences of non-payment

1. The client is at all times obliged to pay any invoice submitted by TFA for recruitment and selection within 14 days of the invoice date unless otherwise agreed. Objections to the content or amount of invoices do not suspend the payment obligation.

2. Only payments to TFA shall be in discharge.

3. Complaints regarding any invoice must be submitted in writing to TFA within 14 days of the invoice date. The burden of proof regarding timely submission of the complaint rests with the client. After this period, complaints will no longer be considered. A complaint cannot lead to suspension of any payment obligation.

4. In case of late payment, the Client is in default without notice of default and TFA is entitled to charge statutory interest and/or extrajudicial costs.

Art. 8 Liability

1. TFA bears no liability whatsoever for damage and losses - including consequential damage - as a result of actions or omissions of candidates with whom the client has concluded an employment contract or a related agreement (partly) as a result of the recruitment and selection by TFA.

Art. 9 Confidentiality

1. TFA undertakes to keep confidential all data and information about the client which it has obtained or will obtain during the term of the agreement with the client. The duty of confidentiality does not extend to data of general knowledge or to data which must be disclosed by law.

2. TFA will also impose this confidentiality obligation on its employees and any other persons it engages in the execution of the search.

Art. 10 Prohibition of hiring personnel

1. The Client is not permitted, within a period of 6 months after TFA has presented to the Client in the context of the assignment of recruitment and selection, to enter into an employment relationship of any kind whatsoever with this candidate directly for itself, through third parties and/or for third parties, or to employ him directly or indirectly, except with TFA's prior written consent.

2. In case of violation of paragraph 1 of this article, the client shall owe TFA an immediately payable penalty in the amount of six gross monthly salaries of the candidate concerned, without prejudice to the possibility offered by law to claim damages and/or fulfillment of the prohibition.

Art. 11 Applicable law and competent court

1. The legal relationship between TFA and the client is governed by Dutch law. The Dutch judge is competent to take cognizance of / decide disputes between TFA and the client, resulting from or related to the search assignment or any other legal relationship between TFA and the client.