Introduction
Embedia.io is the engineering service brand name of General Business Partners SRL (GBP), a private limited liability company under Belgian law, with its registered office at Konkel Street 106, 1200 Brussels, Belgium. This document outlines the terms and conditions for the placement of permanent, Hourly rate based and fixed-term candidates by Embedia.io.
1. Definitions
- Client: The entity engaging Embedia.io for recruitment services.
- Candidate: The individual introduced by Embedia.io to the Client for an Engagement.
- Engagement: The employment of a Candidate by the Client on a permanent or fixed-term basis, either directly or indirectly.
- Embedia.io: The engineering service brand name of General Business Partners SRL (GBP).
2. Fees and Payment
- Fee Structure: Fees are based on a percentage of the Candidate's first-year annual gross remuneration, including all guaranteed payments.
- Permanent Placement: The standard fee is 20% of the Candidate’s annual salary.
- Hourly rate and Fixed-Term Contracts: Fees are calculated pro-rata based on the length of the contract.
- Currency: All fees are quoted and payable in Euro (€).
- Invoicing: Invoices are issued on the Candidate's start date and are payable within 30 days. Late payments will incur interest at 2% per month.
- Retained Assignments: Fees are payable in three stages:
- Stage 1: 30% upon commencement of the assignment.
- Stage 2: 30% upon presentation of a shortlist.
- Stage 3: 40% upon the Candidate’s start date.
3. Rebates
- A rebate applies if the Candidate leaves the Client’s employment within the first 12 weeks. The rebate is contingent upon:
- Payment of the invoice within terms.
- Notification of termination within 7 days.
- Rebate Scale:
- 0-4 weeks: 75%
- 5-8 weeks: 50%
- 9-12 weeks: 25%
4. Candidate Suitability
- While Embedia.io endeavors to introduce suitable Candidates, it does not guarantee the suitability, performance, or continuity of employment.
5. Liability
- Embedia.io shall not be liable for any loss, expense, damage, delay, or compensation arising from the Engagement of a Candidate.
6. Data Protection
- Both parties shall comply with GDPR and any other applicable data protection legislation. Embedia.io will process personal data as necessary for providing recruitment services.
7. Governing Law
- This agreement is governed by the laws of Belgium, and any disputes will be resolved through arbitration in Belgium.
8. Miscellaneous
- The Client cannot directly contract the candidates provided by Embedia.io for any of their clients without formal written approval from Embedia.io. Hiring fees will be applicable in this case.
- For Hourly rate and Fixed-Term Contracts, The Client will not have a direct contract with the candidate. Instead, the client will have a service agreement with Embedia.io
9. Acceptance
By engaging Embedia.io for recruitment services, the Client accepts these terms and conditions.