General Terms and Conditions
Introduction
Orion Hiring (hereinafter: "Orion Hiring") specializes in the permanent and temporary placement of candidates with clients. These general terms and conditions apply to all services provided by Orion Hiring.
Orion Hiring is registered with the Dutch Chamber of Commerce under number 86488279.
Article 1 – Definitions
Gross annual income: The candidate’s annual salary including bonuses, profit sharing, and other guaranteed or reasonably expected benefits, supplemented with a fixed value of €7,500 for a company car or a car allowance in cash.
Candidate: A person introduced to the client by Orion Hiring.
Assignment: The agreement between Orion Hiring and the client under which Orion Hiring recruits and selects candidates.
Client: The party for whom Orion Hiring recruits and selects a candidate.
Article 2 – Applicability
2.1 These General Terms and Conditions apply to all offers, quotations, agreements, assignments, and other (legal) actions between Orion Hiring and the client, unless agreed otherwise in writing.
2.2 These conditions are considered accepted when:
The client places an assignment with Orion Hiring;
The client invites a candidate proposed by Orion Hiring for an interview or considers the
candidate for a role;
The client verbally, in writing, or tacitly agrees to a proposal from Orion Hiring in any other way.
2.3 Deviations from these General Terms and Conditions are only valid if confirmed in writing by Orion Hiring.
Article 3 – Formation of the Assignment
3.1 An assignment is formed once Orion Hiring confirms it in writing or when the client uses a candidate proposed by Orion Hiring (e.g., by inviting them for an interview).
3.2 All offers and prices are exclusive of VAT, unless stated otherwise.
Article 4 – Fee
4.1 The client shall pay a fee of 20% of the gross annual income of the placed candidate.
4.2 The fee is invoiced once an agreement between the candidate and the client has been reached.
Article 5 – Payment
5.1 Invoices must be paid within 14 days. If the payment term is exceeded, Orion Hiring will first send a reminder. If payment is still not received after the reminder, a formal notice may follow. If payment remains outstanding, Orion Hiring reserves the right to charge statutory interest and any collection costs.
5.2 Objections to an invoice must be submitted in writing and with justification within 14 days.
Article 6 – Use of Candidate Information
6.1 The client may not forward candidate details proposed by Orion Hiring to third parties or hire them directly without Orion Hiring’s involvement.
6.2 If a candidate proposed by Orion Hiring is hired by the client or an affiliated party within 12 months of the introduction, the full fee is still due.
Article 7 – Early Termination
7.1 If the agreement between the candidate and the client ends within 1 month, Orion Hiring will refund 50% of the fee.
7.2 If the client rehires the candidate within 18 months after termination, the full fee is again payable.
Article 8 – Liability
8.1 Orion Hiring does not guarantee the suitability of proposed candidates and is not liable for any
damage resulting from their employment.
Article 9 – Privacy
9.1 Both parties shall process personal data in accordance with the General Data Protection Regulation (GDPR).
Article 10 – Governing Law and Jurisdiction
10.1 These terms are governed by Dutch law. Any disputes shall be submitted to the competent court in Amsterdam.
Article 11 – Confidentiality and Non-Compete
11.1 Orion Hiring and the client must treat all confidential information obtained during the collaboration as strictly confidential and may not share it with third parties without prior written consent.
11.2 The client shall not engage in direct collaboration with candidates proposed by Orion Hiring without Orion Hiring’s involvement, unless agreed otherwise in writing. If this still occurs within 12 months after the last interaction, a fee of 100% of the agreed placement fee is payable.
These are the general terms and conditions of Orion Hiring and is intended to protect both the client and Orion Hiring.