General terms and conditions of de Wervingsspecialist

Version: 6 October 2026

These general terms and conditions apply to the business services provided by de Wervingsspecialist B.V., located at Middenweg 85, 1098 AG Amsterdam, the Netherlands.

‘We’, ‘us’ and ‘our’ mean De Wervingsspecialist B.V. ‘Client’ means the organisation or person engaging us in the course of their business or profession. ‘Candidate’ means a professional whom we introduce for a role or assignment.

1. Applicability
These terms apply to our quotations and agreements for recruitment, search, sourcing, headhunting, recruitment and selection, interim recruitment, and recruitment consultancy or support.

Specific written provisions in the quotation or engagement confirmation take precedence over these terms. Agreements made by email also count as written agreements.

We expressly reject the applicability of the client’s purchasing terms or other terms and conditions unless we accept them in writing.

These terms govern our business relationship with the client. We do not charge candidates for employment placement services.

2. Quotations and engagement
A quotation remains valid for 30 days unless it specifies a different period.

The agreement is formed when the client accepts our quotation in writing. If the client proposes changes, the agreement is formed once we confirm those changes in writing.

The quotation or engagement confirmation specifies at least the role or roles, the scope of the search assignment and the agreed fees.

One search assignment may cover several vacancies if expressly agreed in advance. Additional vacancies do not automatically form part of an existing assignment.

We discuss any new role, substantially different target group or restart following termination in advance. If a new assignment is required, we agree this in writing, including the costs, before starting.

3. Our services
We carry out the assignment with reasonable care and skill. Depending on the agreed scope, this includes preparation, target group analysis, search, sourcing, network activation, personal outreach, candidate assessment and introduction, and support throughout the selection process.

Our obligation is to exercise reasonable care and skill, rather than to achieve a guaranteed outcome. We do not guarantee a particular number of candidates, a placement, a completion time or a result.

We discuss relevant factors affecting the feasibility of the assignment, such as talent shortages, employment terms, location and candidate availability.

We keep the client informed of progress. Candidates decide for themselves whether to participate in a selection process or accept an offer.

An introduced candidate is not exclusively available to the client unless separate arrangements have been agreed with the parties involved.

4. Non-exclusive cooperation
Search assignments are undertaken on a non-exclusive basis. The client may recruit independently and engage other agencies.

This does not affect the arrangements concerning our initial engagement fee and candidate introductions.
No placement fee is payable to us for a candidate demonstrably found independently of our introductions. Article 8 applies to candidates we have introduced.

5. Cooperation by the client
The client provides accurate and realistic information about the role, organisation, employment terms and selection process in good time.

The client appoints an accessible contact person and provides substantive feedback on introduced candidates as soon as possible. Our practical guideline is five working days. If more time is needed, we agree this together.
The client informs us promptly of changes, vacancies filled independently, offers made to introduced candidates and the outcome of their selection processes.

If the client enters into an agreement with an introduced candidate, the client informs us within five working days and provides the information needed to establish the placement and start date. We do not request more personal data than necessary.

If the necessary cooperation is not provided, we discuss the consequences and may temporarily pause search activities after giving written notice. This does not automatically result in an additional charge or placement fee.

6. Initial engagement fee
For a search assignment for employees, a one-off initial engagement fee of €2,500 excluding VAT applies. This amount is fixed and non-negotiable.

Following confirmation of the assignment, we begin preparation, target group analysis and initial network activation. The initial engagement fee is invoiced when the assignment is confirmed.

If one agreed search assignment covers several vacancies, the initial engagement fee is charged once for that assignment.

The full initial engagement fee is credited against the placement fee for the first successful placement within that assignment. The full agreed placement fee applies to each subsequent placement.

The initial engagement fee is not refunded if no placement is made, the client finds someone independently, the vacancy is withdrawn or the client terminates the search assignment.

The fee cannot be transferred to another assignment unless agreed in writing.

This arrangement does not limit the client’s statutory rights if we fail to meet our obligations. If the assignment ends before we have carried out any preparatory work or entered into specific commitments, we refund the initial engagement fee.

7. Fixed placement fee and No Placement, No Fee
We agree one fixed price per successful placement in advance. The initial engagement fee of €2,500 forms part of the fee for the first placement within the assignment and is credited against it in full.

We agree a fixed placement fee for each successful placement in advance. The amount is specified in the quotation or engagement confirmation and excludes VAT. We do not charge a percentage of the annual salary.
The fee is determined by the complexity of the search and the agreed services. Relevant factors include the role requirements, the scarcity and accessibility of the target group, location and employment terms.

The initial engagement fee of €2,500 under article 6 forms part of the total fee for the first successful placement within the assignment. It is credited against the placement fee in full. The full agreed fee applies to each subsequent placement.

Following the initial phase, we work on a No Placement, No Fee basis: no placement fee is payable without a successful placement. The initial engagement fee is excluded from this arrangement. Article 10 defines a successful placement and explains when we invoice.

A different salary, a change in contracted hours or a different job title does not automatically change the agreed fee. If the search assignment changes substantially, we agree revised arrangements in writing in advance. We do not increase the fee unilaterally.

Our standard search and placement activities are included. External costs, such as paid advertising or assessments, are charged additionally only with prior written approval.

8. Introductions and 12-month protection
An introduction takes place when we demonstrably introduce an identifiable candidate to the client in writing for possible employment or engagement. An anonymised profile that cannot be linked to an individual does not yet constitute an introduction.

The date of the first demonstrable introduction is decisive. Resending the same profile does not restart the period.
The placement fee is payable if, within 12 months of our introduction, the candidate:

• Starts employment with the client.

• Enters into a binding employment agreement with the client, even if the agreed start date falls later.

• Starts working for the client under a comparable arrangement, for example directly as a self-employed professional or through another intermediary.

• Is employed or engaged in any of these ways by an affiliated organisation.

• An affiliated organisation means an organisation that controls the client, is controlled by the client or is under common control with the client. A partnership or membership of the same network alone is insufficient.

The original client is liable for the fee if the candidate is placed with an affiliated organisation, unless we have accepted another paying party in writing in advance.

This arrangement applies regardless of how the placement is made, including through a direct application, another agency or an internal referral.

If the candidate is placed in a different role or under a different contractual arrangement, the originally agreed fixed fee applies unless otherwise agreed in writing in advance. We do not charge twice for the same placement.

This arrangement continues after termination of the search assignment until the original 12-month period expires. The exception for previously known candidates is set out in article 9.

9. Previously known candidates and duplicate introductions
A candidate does not count as our introduction if, at the time of introduction, they are demonstrably already in an active selection process with the client, or have been directly under consideration for the same role during the preceding three months.

An active process or direct consideration means specific, demonstrable steps towards assessing the candidate for that role, such as a current application, substantive correspondence, an interview invitation or an interview already conducted.

Merely being listed in a database, having had an earlier general introductory conversation, being a LinkedIn connection or being known by name is insufficient.

The client notifies us of an existing process or previous contact within five working days of our introduction and supports this with relevant, dated information.

The same assessment applies to introductions by another agency: a previously received profile counts only if there is demonstrable evidence of a current process or specific contact concerning the relevant role.

If notification is late, our introduction is presumed to apply. The client may rebut this with convincing evidence that the exception above is satisfied. An administrative delay therefore does not automatically result in a duplicate fee.
 

10. Placement, invoicing and failure to start
For recruitment into employment, a placement is successful once the client and candidate have entered into a binding employment agreement. We invoice the placement fee at that point, crediting the initial engagement fee against the first placement.

If a candidate starts without a prior written agreement, we invoice when they start.

If the candidate independently and definitively withdraws before their first working day and performs no work, we issue a credit note for the placement fee. The initial engagement fee remains in place and may be credited against the first actual placement within the same continuing search assignment.

The same applies if a previously agreed condition, such as a required permit or certificate, is not fulfilled for reasons not attributable to the client.

If the client withdraws from a binding agreement or prevents the agreed start, the placement fee remains payable in principle. This does not apply where the law provides otherwise or where the situation results from a failure attributable to us.

If the same candidate is subsequently placed within the period specified in article 8, the fee becomes payable. Previous payments and credit notes are taken into account.

11. Departure after starting employment
Once the candidate has actually started employment, the placement fee is definitively payable. Termination during the probationary period or afterwards does not automatically entitle the client to a refund, discount or free replacement.

We do not provide a standard guarantee concerning a candidate’s performance or continued employment.

At the client’s request, we discuss a new search assignment. For the same unchanged role, we do not charge a new initial engagement fee if the replacement search is commissioned in writing within three months of the original start date. The agreed placement fee remains payable for a new successful placement.

The client’s statutory rights in the event of a failure attributable to us remain unaffected.

12. Interim recruitment and recruitment support
 

Rates and fees
For the placement of self-employed interim professionals, we charge €10 per hour actually worked and approved, in addition to the professional’s agreed hourly rate. Both amounts are shown separately in the quotation or engagement confirmation and exclude any VAT payable.

For example, if the professional’s hourly rate is €90, the client pays €100 per hour. Our fee is not deducted from the professional’s rate.

Under this model, we do not charge an initial engagement fee or a separate placement fee. No recruitment fee is payable for hours not worked.

Arrangements and payment
Before the assignment starts, we establish who contracts with the professional, who invoices and what arrangements apply to timesheets, duration and termination. Invoicing takes place monthly based on approved hours. The payment term is 14 days.

If the same assignment is extended, our fee remains €10 per hour, even if the professional’s rate changes.

Direct continuation and employment
If the same interim assignment continues directly or through another party, our fee remains payable throughout the agreed term and extensions, to the extent permitted by law. This also applies if the same assignment resumes within three months of termination.

The fixed placement fee under article 8 does not automatically apply to this hourly model. If the professional moves into employment, a fee is payable only if separately agreed in advance and permitted by law. We do not unlawfully obstruct direct employment.

Self-employed status
Before and during the assignment, the parties involved assess whether the arrangements and the way the work is carried out are consistent with self-employment. Each party remains responsible for its own legal obligations. Our involvement does not guarantee the tax or employment-law status of the arrangement.

Where personnel are supplied to work under the client’s direction and supervision, we agree appropriate additional arrangements in advance. Mandatory law takes precedence.

Recruitment support
For the provision of our own recruitment, consultancy or sourcing expertise, we separately agree an hourly, daily or project rate. The €10 hourly fee applies exclusively to the placement of self-employed interim professionals.

13. Payment
All amounts exclude VAT. Invoices must be paid within 14 days of the invoice date unless otherwise agreed in writing.

Late payment may give rise to the applicable statutory interest for commercial transactions. Reasonable debt collection costs are calculated in accordance with applicable law.

Before suspending work due to overdue payment, we send a written payment reminder allowing at least seven days for payment.

If an invoice is disputed, the client pays the undisputed portion on time. We refund a credit balance within 14 days of issuing the credit note, unless it is lawfully set off against another amount due.

14. Pausing and termination
The client may pause or terminate a search assignment with immediate effect by giving written notice.
On termination, the initial engagement fee under article 6, placement fees already due and previously approved, unavoidable external costs remain payable.

Where No Placement, No Fee has been agreed, we do not charge additional hourly fees on termination for search work carried out after the initial phase.

A pause of up to three months within an unchanged search assignment does not result in a new initial engagement fee. For a longer pause, we discuss in advance whether a new assignment is required. We do not automatically charge for this.

We do not terminate a search assignment without reasonable grounds. We discuss this in advance and inform the client about ongoing candidate processes.

For ongoing recruitment support without an agreed end date, either party may terminate by giving one month’s written notice. Separate arrangements for interim assignments remain applicable.

Introduction protection, payment, confidentiality and relevant data protection obligations continue after termination.

15. Selection, references and screening
We assess candidates against the agreed role criteria and the information reasonably available.
The client makes the final selection and appointment decision and remains responsible for employment terms, onboarding and management.

We carry out reference checks, qualification verification, assessments, checks involving a Dutch Certificate of Conduct (VOG) or other background checks only where agreed and legally permitted. The client determines which checks are necessary for the role.

We do not contact a candidate’s current employer without first agreeing this with the candidate.

We cannot guarantee that all information supplied by a candidate is accurate or complete. We remain responsible for exercising due care in our assessment and discussing relevant inconsistencies we identify.

We use job-related criteria and do not carry out discriminatory selection instructions.

16. Confidentiality and candidate profiles
Both parties handle confidential business information and candidate data with care.

The client shares candidate profiles only with people involved in the relevant selection process. Forwarding a profile to another organisation or using it for another process is agreed in advance with us and, where necessary, with the candidate.

A contractual entitlement to charge a fee for a placement with an affiliated organisation does not, in itself, authorise the sharing of personal data.

Confidentiality does not apply to information that is already lawfully public or must be disclosed by law. The obligation continues after termination for as long as the information remains confidential.

17. Privacy and AI tools
Both parties comply with applicable data protection law and inform candidates about their own use of personal data.

For our own search and placement activities, we determine the purposes and means of processing. The client does the same for its own selection process. In those circumstances, each party acts as an independent data controller.

If the actual services result in a different allocation of roles, we establish the necessary arrangements in advance. Where required, we enter into a data processing agreement or make arrangements for joint controllership.
Candidate data is retained only for as long as necessary and lawful for a defined purpose. The 12-month introduction period does not automatically permit the retention of complete CVs and selection records for 12 months. To evidence an introduction, we limit our records to necessary information.

We may use digital and AI tools for purposes such as search strategies, preparation and communication. Relevant outputs are reviewed by a suitably qualified person. We do not make solely automated decisions that significantly affect candidates.

We do not use confidential or identifiable candidate or client data in AI services without an appropriate lawful basis, agreements and safeguards. Data must not be used to train external AI models without appropriate agreements.

Further information about our use of personal data is available in our privacy notice.

18. External specialists and materials
We may engage external specialists to assist with our work. We remain responsible for work they carry out under our responsibility.

Our existing search methods, templates, texts and other protected materials remain our property or that of the relevant rights holders.

The client may use delivered materials for the agreed purpose within its own organisation. Commercial provision to third parties requires our prior permission.

This provision does not limit candidates’ rights in their own CVs and data, or the client’s rights in its own information and materials.

19. Complaints and liability
The client reports complaints in writing as soon as possible, providing a clear description. We investigate the complaint and discuss a solution.

For a failure that can be remedied, we are given a reasonable opportunity to remedy it without additional charges. This is not required where the law provides otherwise.

We are liable for direct loss or damage resulting from a failure attributable to us, subject to the following limit: our total liability per search assignment shall not exceed the initial engagement fee plus the highest single placement fee agreed for that assignment, excluding VAT.

For services charged hourly or through a recurring fee, the limit is the agreed fee for twelve months, or for the shorter agreed term.

Related events are treated as a single event.
We are not liable for indirect loss or damage, such as lost profits, lost savings or business interruption, or for a candidate’s subsequent conduct solely because we placed that candidate.

These limitations do not apply to intentional misconduct or deliberate recklessness by our management, or where mandatory law does not permit a limitation. They do not restrict candidates’ independent statutory rights under the GDPR.

20. Force majeure
If circumstances for which a party cannot be held responsible prevent performance, that party informs the other as soon as possible. We discuss how to limit the consequences.

A shortage of candidates or the absence of suitable candidates does not constitute force majeure; it is part of the risk of a search assignment.

If a force majeure situation continues for more than 30 days, either party may terminate the affected part in writing. Advance payments for services not performed are reconciled and any resulting balance refunded. A fee for an initial phase already completed remains payable.

21. Changes and disputes
The version of these terms agreed when the agreement was concluded applies to the assignment. New terms published on the website do not automatically change existing agreements.

Our agreements are governed by Dutch law.

If a dispute arises, we first try to resolve it together. If this is unsuccessful, the competent court in Amsterdam has jurisdiction, unless mandatory law provides otherwise.

22. Contact
de Wervingsspecialist B.V.
Middenweg 85
1098 AG Amsterdam
The Netherlands
Email: michael@dewervingsspecialist.nl
Phone: +31 6 24768758