Terms & Conditions
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General Terms and Conditions Hospitality Solutions
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Introduction
JB Hospitality Solutions (hereinafter referred to as "Contractor") is primarily engaged in consultancy, concept development, personnel training, recruitment, selection, introduction, and mediation of individuals (hereinafter referred to as "Candidates") to companies and other institutions of any (legal) form (hereinafter referred to as "Client"). The purpose of these services is to establish a direct or indirect working relationship between the Candidate and the Client, whether through an employment contract, management agreement, interim/contractor/freelance basis, secondment, detavast agreement, or any other contractual or legal structure (hereinafter referred to as "Working Relationship").
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Scope and Applicability
The following terms and conditions (hereinafter referred to as "Terms") apply to and are part of any proposal, introduction, offer, or agreement entered into by JB Hospitality Solutions, registered with the Chamber of Commerce in Amsterdam under number 20161190 and known to the Dutch Tax Authorities under number NL136114295B01.
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Introduction of Candidates
A Candidate is deemed to be introduced to the Client when the Contractor provides the Client with information related to that specific Candidate. The Client's request for additional information or arrangement of an interview (face-to-face or via telephone) with the Candidate signifies acceptance of the Contractor’s services and the applicable fee structure as defined in these Terms.
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Exclusive Engagement
Assignments for permanent or interim positions with the Client are always accepted by the Contractor on an exclusive basis.
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Confidentiality and Indirect Placement
All Candidates are introduced to the Client strictly on a confidential basis. Should the Client, directly or indirectly, facilitate an employment relationship between a Candidate and a third party (including but not limited to an affiliated company or institution), the Client shall be liable to pay the full fee to the Contractor as specified in these Terms.
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Fee Structure and Payment Terms
The Contractor’s fee payable by the Client is calculated as a percentage of the Candidate’s annual income, regardless of whether the Candidate works less than a full year or part-time. The definition of annual income includes gross taxable remuneration, guaranteed or customary bonuses and/or commissions, car allowance, travel allowance, or parking allowance (hereinafter referred to as "Annual Income"). A standard workweek of 40 hours is assumed for calculation purposes. The Client shall provide a detailed overview of the Candidate’s Annual Income upon request by the Contractor.
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Fee Percentage Calculation
Unless otherwise agreed upon in writing between the Contractor and Client, the following tiered fee structure applies:
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Tier 1: 15% of Annual Income for incomes between €0.00 and €39,999.
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Tier 2: 20% of Annual Income for incomes between €40,000 and €49,999.
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Tier 3: 25% of Annual Income for incomes of €50,000 or more.
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Training and Consultancy Services
JB Hospitality Solutions also offers consultancy, concept development, and personnel training services. Fees for these services will be agreed upon in writing prior to the commencement of the project or assignment.
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Payment Terms
The Contractor adheres to a payment term of 14 days after the invoice has been sent to the Client. If the Client fails to make payment within this period, the Contractor shall issue a written notice of default, after which the Client is considered to be in default. From that moment, the Client is liable for statutory interest as per Dutch law (Article 6:119a BW).
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Liability and Responsibilities
The Contractor bears no responsibility for verifying skills, qualifications, character traits, references, or experience of Candidates. Compliance with legal requirements (such as obtaining work or residence permits) and medical prerequisites remain the sole responsibility of the Client. The Contractor is only responsible for introducing Candidates and cannot be held liable for their suitability or performance in any capacity.
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Termination and Refunds
Should the Working Relationship be terminated within eight weeks of commencement by either the Client or the Candidate, the Contractor will offer a refund arrangement. This refund equals 12.5% of the Contractor's fee for each week within the eight-week period that the Candidate did not work.
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Governing Law and Jurisdiction
These Terms are governed exclusively by Dutch law. Any disputes arising from these Terms or related agreements shall be submitted to the competent court in Amsterdam.
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Amendments to the Terms
Any changes, deviations, or amendments to these Terms are only valid if explicitly agreed upon in writing between the Contractor and the Client.
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Contact Information
JB Hospitality Solutions
Amsterdam, The Netherlands
Chamber of Commerce Number: 20161190
VAT Number: NL136114295B01
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