General Terms and Conditions
Movers & Shakers V.O.F. [general partnership] (Chamber of Commerce 50382934)

Clause 1 Area of application
These general terms and conditions apply to all the work of Movers & Shakers, to all its quotations and offers and to all agreements to which it is a party. Deviating conditions only form part of an agreement with Movers & Shakers if such conditions have been expressly accepted by Movers & Shakers in writing.
All instructions will, with the setting aside of Articles 7:404 and 7:407(2) Dutch Civil Code, exclusively be deemed to have been accepted and performed by Movers & Shakers v.o.f., even if it is (or it has been) the express or tacit intention that an instruction is performed by a particular person.
The term ‘client’ also includes “customer, purchaser or other party”.

Clause 2 Nondisclosure and confidentiality
Each client of Movers & Shakers undertakes to keep information received from Movers & Shakers in respect of fees, working method and conditions of which it can suspect that these are of a confidential nature, confidential.
Candidate information must be treated by a client as confidential and may not be passed on to third parties.

Clause 3 Non-discrimination
Movers & Shakers is entitled to refuse instructions or terminate them in the interim without any obligation to pay compensation if it has reason to believe that the client refuses candidates on the basis of their age, gender, martial status, sexual orientation, personal or religious beliefs, political views, race, ethnical background or nationality.

Clause 4 Limited liability
Except in the event of an intentional act or gross negligence, Movers & Shakers’ liability is in all cases limited to the amount its liability insurer in the appropriate case pays out or, should for whatever reason its insurer not pay out, to EUR 10,000. Movers & Shakers is not liable for direct and indirect loss caused by one or more of its candidates at a client or at third parties. Even if the candidate appears not to satisfy the requirements or expectations of the client, Movers & Shakers is not liable for such. Movers & Shakers is also understood to mean its partners and consultants.
If Movers & Shakers engages third parties for the benefit of the performance of the instruction, it will do so in consultation with its client as far as possible. Movers & Shakers is not liable for shortcomings of any third parties it has engaged in the performance of its work.

Clause 5 Fee and payment
The fee becomes due after the signing of an employment contract or contract for services with a candidate introduced by Movers & Shakers or (if such is earlier) by the actual taking up of employment (start of the work) of the candidate at the client or an affiliated company. Movers & Shakers invoices its fee in principle within 30 days after this becomes due. The client is obliged to pay the invoices from Movers & Shakers within 14 days from the invoice date. Settlement of invoices of Movers & Shakers with any claims from the client is not possible.
The fee is also immediately due if a client or one of its affiliated companies employs (or enters into an agreement with) a candidate that within a term of 1 year before the recruitment, had been introduced by Movers & Shakers for the same or a similar position. In this respect, the term “introduced” also includes the informing of a client on the suitability of the relevant candidate by Movers & Shakers, by handing over a curriculum vitae or reference to a LinkedIn-profile for example.
Exceptional costs, such as the placing of advertisements at the request of the client for example, will be invoiced separately by Movers & Shakers to the client and therefore do not form part of the fee. These costs are also payable if the efforts by Movers & Shakers do not lead to an employment contract or other agreement between a client and a candidate put forward by Movers & Shakers.
All amounts included in the quotations of, and agreements with, Movers & Shakers are exclusive of VAT unless otherwise stated.
After expiry of the payment term, the client is in default without any notice of default being required. The client is from that moment onwards obliged to pay the statutory commercial interest on the outstanding amount.
Both the judicial and extra-judicial costs relating to the recovery and collection of outstanding invoices are for the account of the client.

Clause 6 Complaints
Complaints relating to the manner of the performance and the quality of the work by Movers & Shakers must be notified to Movers & Shakers immediately in writing stating reasons and at the latest within fourteen (14) days after the work in respect of which there is a complaint is, has been or should have been performed, failing which any right the client could derive from such lapses. The processing of complaints submitted on time and in the right manner will take place in consultation between the client and Movers & Shakers Complaints do not suspend the payment obligation of the client.

Clause 7 Choice of law and applicable forum
All agreements with Movers & Shakers and all work of Movers & Shakers are governed by Dutch law. Any dispute between a client and Movers & Shakers will in the first instance be submitted to the District Court in Rotterdam.