1. Company Overview
Digital Green B.V. is a private limited liability company located in Amsterdam, dedicated to providing services in the field of labor mediation for IT professionals (“Digital Green”). Our services primarily include the selection, recruitment, and introduction of individuals ("Candidates") to (legal) entities and other institutions ("Clients"). The aim of Digital Green's services is to provide the Candidate directly or indirectly with by means of an employment, management, secondment or detavast agreement or any other legal agreement to have the Candidate perform work for the Customer (“Working Relationship”).
2. Assignment Acceptance
All assignments are exclusively accepted and executed by Digital Green, even if there is an express or implied intention for a specific individual to carry out the assignment. Articles 7:404, 407(2), and 409 of the Dutch Civil Code do not apply.
3. Confidential Introduction of Candidates
A Candidate is confidentially introduced to the Client. If a Working Relationship arises between a Candidate and a third party due to actions (direct or indirect) of the Client, including any affiliated company, the Client is liable to Digital Green for the full fee as described in Article 6 of these terms, as if a Working Relationship had arisen between the Client and the Candidate.
4. Introduction of Candidates
A Candidate is considered introduced to the Client when Digital Green provides any information regarding the Candidate to the Client. If a Working Relationship arises between the Candidate and the Client within 12 months of the introduction, regardless of whether it is a temporary or flexible Employment Relationship, Digital Green is entitled to the fee specified in Article 5 of these terms.
5. Fees
The fee for Digital Green is a minimum of EUR 10,000 (plus VAT), unless otherwise agreed in writing.
6. Responsibility
Digital Green is solely responsible for introducing Candidates to the Client. Digital Green is not liable for the suitability of the introduced Candidates in any way.
7. Refund Policy
If an employment agreement is terminated within 4 weeks of commencement, Digital Green will offer a refund policy. This policy provides for a payment of 25% of the fee charged by Digital Green for each week that the Candidate has not worked during the 4-week period.
8. Payment Terms
Digital Green has a payment term of 14 days following the issuance of the invoice to the Client. If payment is not received within this term, Digital Green will send a written notice of default to the Client, allowing a reasonable time for payment. If the Client remains in default after this period, they will be in breach of contract. From the date of breach, the Client shall also owe statutory interest as referred to in Article 6:119a of the Dutch Civil Code.
9. Third-party Engagement
In engaging third parties, Digital Green will exercise due diligence. Digital Green is not liable for damages resulting from deficiencies of third parties. An assignment to Digital Green includes the authority to accept any third-party terms, including liability limitations, on behalf of the Client.
10. Liability Limitation
Any liability of Digital Green arising from or in connection with the execution of an assignment is limited to the amount paid out under the relevant liability insurance taken out by Digital Green, increased by the applicable deductible amount.
11. Maximum Liability
If, for any reason, no payment is made under the aforementioned insurance, any liability is limited to three times the amount charged by Digital Green in the relevant case in that year, up to a maximum of EUR 15,000.
12. Data Protection Compliance
Digital Green acts as the data controller under the General Data Protection Regulation (“GDPR”) for all personal data received from Clients in connection with its services. Digital Green collects and processes this personal data solely for the purpose of providing its services and complying with legal obligations, unless otherwise stated. The Client is responsible for ensuring that they do not provide data that would cause Digital Green to violate the GDPR or other data protection legislation. The Client shall immediately notify Digital Green if the personal data provided is no longer accurate and needs to be deleted or rectified. The Client shall inform data subjects, from whom they have provided personal data to Digital Green, of the transfer of this data in accordance with the GDPR and other data protection legislation, where legally required. In the event of a data breach that must be reported under Article 34 GDPR, the Client will promptly inform the affected individuals upon request from Digital Green, following reasonable instructions from Digital Green. The Client indemnifies and holds Digital Green harmless from any damages and fines imposed by regulators due to a breach of one or more obligations of the Client under this article, the GDPR, or other data protection legislation.
13. Language of Terms
These terms and conditions are drawn up in both Dutch and English. In case of disputes regarding the content or meaning of these terms, the English text shall be binding.
14. Governing Law
The legal relationship between the Client and Digital Green is governed by Dutch law. Disputes arising from this legal relationship will be decided by the competent court in Amsterdam.
15. Registration
These terms and conditions have been filed with the Chamber of Commerce under number 81774753 and can be consulted at www.digitalgreen.nl.