Terms and Conditions

Artikel 1 – Definities
Candidate: any person nominated by FR8 Cargo Aviation Management and Recruitment BV to the principal clienteither verbally or in writing for the fulfilment of the vacancy described in the vacancy listings of FR8 Cargo Aviation Management and Recruitment BV.

Vacancy: the open place for a function within the company/organization of the client, for which FR8 Cargo Aviation Management and Recruitment BV has been contracted to fulfil.

Function Profile: the written description and requirements for the vacancy given to FR8 Cargo Aviation Management and Recruitment BV by the client, and the independent preferences in the candidate profile.

Presentation: the written and/or verbal nomination of a candidate for the client vacancy.

Placement: the formation of an employment agreement, freelance agreement, or any other agreement between the client and the candidate nominated by FR8 Cargo Aviation Management and Recruitment BV and/or offered FR8 Cargo Aviation Management and Recruitment BV for consideration.

Interview process: the procedure governing the time of the agreement between parties from the moment a candidate is nominated by FR8 Cargo Aviation Management and Recruitment BV up to and including the placement of the candidate or until the procedure is ended at any time by the candidate,client, or FR8 Cargo Aviation Management and Recruitment BV.

Article 2
An agreement with FR8 Cargo Aviation Management and Recruitment BV is in effect after confirmation by FR8 Cargo Aviation Management and Recruitment BVof a written service request. These terms and conditions make up a part of that agreement.

Article 3
Changes to the General Terms and Conditions are only binding when confirmed in writing by FR8 Cargo Aviation Management and Recruitment BV.

Article 4
After an agreement has been confirmed between parties, FR8 Cargo Aviation Management and Recruitment BV will offer one or more candidates to the client based on FR8 Cargo Aviation Management and Recruitment BV’s current knowledge of the qualifications and abilities of the candidate on the one hand, and the function profile on the other hand, as described in the aforementioned confirmed agreement between parties. Nominations of candidates are made according to the best knowledge and standards of good workmanship. FR8 Cargo Aviation Management and Recruitment BV management assumes information provided by the candidates themselves, or by references given for the candidates to be correct. FR8 Cargo Aviation Management and Recruitment BV is not liable for any consequences of incorrect information provided by the candidate(s).

Article 5
If a written, exclusive agreement for hiring has been reached between the parties, all activities concerning recruitment and selection of candidates, and any other activities as detailed in the agreement,shall be carried out by FR8 Cargo Aviation Management and Recruitment BV for the duration of the agreement. Furthermore, in the case of an exclusive hiring agreement, FR8 Cargo Aviation Management and Recruitment BV shall not present selected candidates to other clients during the hiring process for the specified vacancies, unless or until the client rejects said candidates.

Article 6
When a client has agreed upon an employment, freelance, or other sort of contract with a candidate, the client shall provide FR8 Cargo Aviation Management and Recruitment BV a copy of said contract within one week of the contract closing.

Article 7
If, prior to or within two months after commencement of employment, freelance, or other sort of contract, the contract between the client and candidate placed by FR8 Cargo Aviation Management and Recruitment BV is terminated, FR8 Cargo Aviation Management and Recruitment BV has no other obligation than to present another candidate for the same position/vacancy. This obligation will only be fulfilled in the event that all outstanding fee(s) and/or declaration(s) have been submitted in full to FR8 Cargo Aviation Management and Recruitment BV, and with the understanding that FR8 Cargo Aviation Management and Recruitment BV shall be held blameless for any early termination of contract and this information will be given to all stakeholders if requested. These same obligations and conditions apply in the case that the candidate placed by FR8 Cargo Aviation Management and Recruitment BV ends the contract before or within two months of the contract commencement.

Article 8
If, within two years from the date of presentation of a candidate to a client for a listed vacancy, the client shall enter into an employment, freelance, or other sort of contract with said candidate for the listed vacancy or any other function, this contract is considered established through the efforts of FR8 Cargo Aviation Management and Recruitment BV, and the agreed fee is therefore payable by the client. This liability also applies if a contract is concluded with a candidate as referred to above and as defined in Article 2:24a and 2:24b of the Civil Code. The client shall inform FR8 Cargo Aviation Management and Recruitment BV of the agreement within one week of the contract closing, or forfeit an amount equal to half of the agreed fee in addition to the full payment of the originally agreed fee.

Article 9
The client is not authorized to transfer, distribute, or disclose written documents presented to the client by FR8 Cargo Aviation Management and Recruitment BV such as curriculum vitaes and the like to third parties.

Article 10
Opdrachtgever is verantwoordelijk voor de uiteindelijke keuze van een kandidaat. Fr8, Cargo Aviation Management and Recruitment BV sluit elke aansprakelijkheid uit voor de gevolgen van het handelen of nalaten – daaronder ook begrepen gevolgschade – van kandidaten die mede als gevolg van de opdrachtuitvoering met de opdrachtgever een overeenkomst zijn aangegaan. De opdrachtgever kan hieruit geen rechten ontlenen om het verschuldigde honorarium aan Fr8, Cargo Aviation Management and Recruitment BV niet te betalen.

Article 11
If the parties agreeper contract that the fee to be paid FR8 Cargo Aviation Management and Recruitment BV shall be a percentage of the placed candidates’ grossannual salary, gross annual salary means the following: the gross annual salary specified in the employment, freelance, or other contract, plus holiday pay, thirteenth month, fourteenth month, profit-sharing, bonus and/or bonus scheme. If there is a commission system, the gross annual salarymeans the fixed annual salary plus the commission based on the achievementof the target.

Article 12
Fr8 Cargo Aviation Management and Recruitment BV is entitled to unilaterally terminate the Agreement at any time if Fr8 Cargo Aviation Management and Recruitment BV believes it cannot comply with the requirements of the client, solely at the discretion of Fr8 Cargo Aviation Management and Recruitment BV.
In the case that there is any change in the job profile of the vacancy or the wishes of the client regarding the candidate Fr8 Cargo Aviation Management and Recruitment BV to believe it cannot comply with therequirements of the client Fr8 Cargo Aviation Management and Recruitment BV is entitled to unilaterally terminate the contract.

Article 13
Payment of the invoice amount must be paid within fourteen days after invoice date, unless otherwise agreed in writing. Settlement is excluded from this condition. If within that period full payment has not been made, Fr8 Cargo Aviation Management and Recruitment BVisentitled to charge statutory interest without a default notice, in addition to all judicial and extrajudicial costs arising from default. The extrajudicial collection costs amount to 15% of the claim, with a minimum of Euro 70, = excluding VAT.

Article 14
Any additional costs (such as cost medical examination, psychological examination, and advertising campaign including the production and placement costsof ads) are for the client's account and are not included in the fee. Additionally, alongside the work as specified in the order confirmation, Fr8 Cargo Aviation Management and Recruitment BVmay performextra work and / or servicesfor or on behalf of the client. This additional work and / or services shallbe agreed in writing between the parties. Upon the clients’ request, a summary of this work and / or services shall be communicated to the client along with each individual step and/or service and its applicable rate.

Article 15
If the client shall utilise their own terms and conditions in the formation of a contract, it can occur that the clients’ terms and conditions may violate Fr8 Cargo Aviation Management and Recruitment BV’s general terms and conditions. The terms and conditions of the client shall only apply to the contract between the client and Fr8 Cargo Aviation Management and Recruitment BV in the event it is expresslyagreed upon between the parties in writing.

Article 16
All contracts willbe governed by Dutch law. Disputes shall be exclusively settled by the district court in Amsterdam or the responsible magistrate.In the event of a dispute, the original terms and conditions in the Dutch language shall prevail (“Algemene Voorwaarden van FR8 Cargo Aviation Management and Recruitment B.V.”).