Terms and Conditions for Recruitment and Selection
These terms and conditions apply to the recruitment and selection services of The Family Assistant B.V. Version October 2026.
This English text is a translation provided for convenience. In the event of any difference in interpretation, the Dutch version of these terms and conditions prevails.
Art. 1 Definitions
In these terms and conditions, the following definitions apply:
1. Recruitment and Selection: assisting the client in the search for candidates for the position of Family Assistant/Nanny, with the aim of establishing an employment contract or a directly related working relationship between the employer and the candidate.
2. TFA: The Family Assistant B.V.
3. Client: the natural person or company that instructs TFA to carry out recruitment and selection.
4. Candidate: the (prospective) Family Assistant/Nanny involved in the recruitment and selection by TFA for a client.
5. Assignment: the agreement between the client and TFA under which TFA carries out recruitment and selection activities for that client.
Art. 2 Conclusion of an assignment
1. All quotations from TFA are without obligation, unless expressly stated otherwise in an individually addressed written quotation. Prices stated in a quotation exclude VAT unless indicated otherwise.
2. The assignment is concluded once TFA has received the assignment agreement signed by the client and the start fee of € 500 through PandaDoc, or once TFA has confirmed in writing or by email the consent given by the client verbally, by telephone or by email. Only TFA acts as contractor towards the client. The applicability of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is excluded.
3. These terms and conditions for recruitment and selection apply to every assignment.
Art. 3 Performance of an assignment
1. By accepting a recruitment and selection assignment, TFA undertakes an obligation to use its best efforts. A candidate is put forward to the best of TFA's judgement and in accordance with the standards of good craftsmanship.
2. Information provided to TFA by the client will be accepted as correct.
3. References are obtained only with the consent of the candidate.
4. The client is responsible for its final choice of a candidate and for the appointment.
5. TFA is not liable if the candidate turns out not to meet the requirements or expectations of the client, unless this is the demonstrable direct result of an act or omission by TFA contrary to paragraph 1 of this article. Any liability of TFA in that case is limited to the direct loss of the client and to no more than the fee charged or to be charged to the client in connection with the assignment concerned.
Art. 4 Duration of an assignment
1. An assignment ends when it succeeds, meaning the client accepts the candidate put forward, or when the agreed maximum duration of the assignment expires. The parties may extend this duration by mutual agreement.
2. The client may terminate the assignment in writing at any time.
Art. 5 Candidates of TFA
Before being placed with a family, the candidate has completed the Start up Masterclass of The Family Assistant, or will complete it as soon as possible.
Art. 6 Fee
1. When the assignment is concluded, TFA and the client agree a fee of three times the gross monthly salary (based on a minimum of 30 hours) of the Family Assistant/Nanny/PA. This confirmation and the costs are recorded in an email from TFA to the client.
2. Any additional costs incurred by TFA in consultation with the client in the course of the assignment, such as travel or accommodation costs for candidates or the hire of a location for interviews, are payable by the client in addition to the agreed fee.
3. A start fee of € 500 is charged when an assignment with TFA begins. Once this has been paid, TFA starts the search for a candidate and publishes a vacancy online.
4. If and to the extent that the client, for itself, through third parties or for third parties, enters into a working relationship of any kind with a candidate recruited or selected by TFA, the client owes TFA the regular placement fee equal to three gross monthly salaries agreed with the Family Assistant/Nanny, plus the VAT due thereon. If the client enters into that working relationship without the prior written consent of TFA required under article 11, the penalty under article 11 paragraph 2 is due instead of this fee.
5. If the client wishes to change or add to the assignment, TFA will indicate to what extent that change or addition affects the agreed fee.
6. The client must inform TFA immediately if a working relationship as referred to in paragraph 4 has been established, stating the gross monthly salary agreed with the Family Assistant/Nanny on the basis of a 40 hour working week.
Art. 7 Payment and consequences of late payment
1. The client is at all times required to pay every invoice issued by TFA for recruitment and selection within 14 days of the invoice date, unless agreed otherwise. Objections to the content or the amount of invoices do not suspend the payment obligation.
2. If the placement starts within 14 days, payment must be made no later than the first working day of the Family Assistant/Nanny.
3. Only payments made directly to TFA count as payment.
4. Complaints about an invoice must be submitted to TFA in writing within 14 days of the invoice date. The client is responsible for demonstrating that the complaint was submitted in time. After this period, complaints will no longer be considered. Submitting a complaint does not suspend the payment obligation.
5. If payment is not made on time, the client is in default without a notice of default being required, and TFA is entitled to charge statutory interest and extrajudicial costs.
Art. 8 Cancellation by the client
1. If the client cancels the assignment after TFA has put forward three or more candidates and/or after three or more introductory meetings have taken place, the client owes TFA a cancellation fee of € 5,000 excluding VAT.
2. This cancellation fee counts as reasonable compensation for work already carried out by TFA, for capacity reserved and for costs incurred in connection with the assignment.
3. The cancellation fee is payable regardless of the reason for cancellation and does not affect the obligation of the client to pay any other fees due under these terms and conditions.
Art. 9 Liability
TFA accepts no liability whatsoever for damage and losses, including consequential loss, resulting from acts or omissions of candidates with whom the client has entered into an employment contract or a related agreement, whether or not as a result of the recruitment and selection by TFA.
Art. 10 Confidentiality
1. TFA undertakes to observe confidentiality with regard to all data and information about the client that it has obtained or will obtain during the term of the agreement with the client. This duty of confidentiality does not extend to information that is generally known or that must be disclosed by law.
2. TFA will also impose this duty of confidentiality on its employees and on any other persons it engages in carrying out the assignment.
Art. 11 Prohibition on employing staff
1. The client may not, within a period of 24 months after TFA has presented a candidate to the client in the context of a recruitment and selection assignment, enter into a working relationship of any kind with that candidate directly for itself, through third parties or for third parties, nor employ that candidate directly or indirectly, without the prior written consent of TFA.
2. In the event of a breach of paragraph 1 of this article, the client owes TFA an immediately payable penalty equal to six gross monthly salaries of the candidate concerned. This penalty replaces the regular fee under article 6 paragraph 4 and is therefore not payable in addition to it. All of this is without prejudice to the options the law offers to claim damages and performance of the prohibition.
Art. 12 Privacy and personal data
TFA processes personal data of clients and candidates in the course of carrying out the assignment. This processing takes place in accordance with applicable law, including the General Data Protection Regulation (GDPR).
1. Personal data are processed only for purposes connected with recruitment and selection, placement, administration and compliance with legal obligations.
2. TFA will take appropriate technical and organisational measures to protect personal data against loss or unlawful processing.
3. Personal data are kept no longer than is necessary for the purposes stated above, unless a statutory retention obligation applies.
4. Further information about how TFA handles personal data, and about the rights of data subjects, is set out in the privacy statement of TFA, which can be consulted on the website of TFA.
Art. 13 Financial consequences of termination, cancellation and force majeure
1. If the assignment is terminated or cancelled by the client, or ends as a result of force majeure, work already carried out and costs already incurred by TFA remain payable in full.
2. The start fee charged by TFA is non refundable, regardless of how or why the assignment ends.
3. In the event of cancellation by the client as referred to in article 8 of these terms and conditions, the client owes the cancellation fee stated there.
4. Termination or cancellation of the assignment does not release the client from the obligation to pay fees that are or become due under these terms and conditions, including fees payable when a candidate recruited or put forward by TFA takes up employment.
5. The fees and cancellation fees set out in these terms and conditions count as reasonable compensation for work carried out by TFA, for capacity reserved and for costs incurred.
Art. 14 Complaints procedure
1. Complaints about the performance of the assignment, the candidates put forward or the communication by TFA must be submitted by the client in writing and with reasons as soon as possible, and no later than 14 days after the complaint arises.
2. If a complaint concerns a specific candidate, it must be submitted no later than 7 days after meeting or appointing that candidate.
3. TFA will deal with a complaint submitted in time within a reasonable period and will make every effort to reach a suitable solution in consultation with the client.
4. Submitting a complaint does not suspend the payment obligation of the client.
Art. 15 Changes to these terms and conditions
1. TFA is entitled to amend or supplement these terms and conditions.
2. Amended terms and conditions will be made available to the client in good time and will take effect at the announced time, but no earlier than 14 days after they are announced, unless a statutory obligation requires an earlier change.
3. The amended terms and conditions apply to new assignments and, where applicable, to current assignments, provided the change does not materially worsen the position of the client.
Art. 16 Governing law and competent court
The legal relationship between TFA and the client is governed by Dutch law. The Dutch courts have jurisdiction to hear and rule on disputes between TFA and the client arising from or connected with the assignment or any other legal relationship between TFA and the client.