Terms and Conditions
GENERAL TERMS AND CONDITIONS
The Linq Group B.V.
Version: March 2024
Established at Koningin Wilhelminaplein 794, 1062 KS Amsterdam, the Netherlands
Registered with the Chamber of Commerce under number 70915792
(Part of The Linq Group Holding b.v.)
CHAPTER 1. GENERAL
Article 1. Definitions
Article 2. Applicability
Article 3. Offers and quotations
Article 4. Conclusion of the Agreement
Article 5. Duration and termination of the Agreement
Article 6. Execution of the Agreement
Article 7. Delivery and deadlines
Article 8. Amendment to the Agreement
Article 9. Price changes
Article 10. Invoicing and payment
Article 11. Suspension and dissolution
Article 12. Liability
Article 13. Limitation period
Article 14. Indemnification
Article 15. Intellectual property
Article 16. Confidentiality
Article 17. Force majeure
Article 18. Applicable law, interpretation of the General Terms and Conditions and Choice of Forum
CHAPTER 2. LEAD GENERATION
Article 19. Onboarding
Article 20. Licences
Article 21. Cooperation by the Client
Article 22. Account details
Article 23. Approaching Connections
Article 24. Confidentiality of private conversations
Article 25. Processing and analysing conversations
CHAPTER 3. OUTSOURCING
Article 26. Rates
Article 27. Rate Changes
Article 28. Illness of the Posted Worker
Article 29. Payment to the Posted Worker
Article 30. Conclusion of an Employment Agreement with the Worker
Article 31. Supervision and Place of Performance
Article 33. Invoicing
CHAPTER 4. RECRUITMENT AND SELECTION
Article 34. Rates and Invoicing
Article 35. Selection of Candidates
Article 36. Obligation of Effort
CHAPTER 1. GENERAL
The provisions set out in this chapter “General” apply to all Agreements with The Linq Group, except in so far as they are deviated from in the other chapters, in which case the provisions of the specific chapters take precedence over the provisions of this chapter “General”.
Article 1. Definitions
1. In these General Terms and Conditions, the following terms are written with a capital letter and used in the following sense, unless expressly stated otherwise:
The Linq Group:
the other Party to the Agreement with the Client and user of these General Terms and Conditions within the meaning of Section 6:231 (b) of the Dutch Civil Code.
Client:
the natural or legal person who commissions The Linq Group to perform Work and is the other Party to the Agreement within the meaning of Section 6:231 (c) of the Dutch Civil Code.
Parties:
The Linq Group and the Client jointly, and each separately “Party”.
Agreement:
the Agreement between The Linq Group and the Client pursuant to which The Linq Group performs Work for the Client, provides the Client with a Licence or pursuant to which The Linq Group recruits and selects one or more Workers/Candidates and/or Seconds them.
Order:
the request by the Client to The Linq Group to perform Work in return for payment.
Work:
all Work performed by The Linq Group within the framework of the Order.
Mediation: (recruitment and selection)
all Work performed by The Linq Group for the recruitment and selection of a suitable Worker for a particular position in order to conclude a (temporary) employment agreement between the Client and the Candidate.
Commencement Date:
the date on which the Agreement commences.
License:
the user license granted by The Linq Group to the Client for the duration of the Agreement and which license may be assigned by the Client to a specific Linker.
Linker:
the natural person, usually an employee of the Client, to whom the Client has assigned a License.
Connections:
the LinkedIn connections of a Linker.
Worker:
every natural person who performs work at or for the benefit of the Client through the mediation of The Linq Group.
Candidate:
every person who has been brought into contact with the Client by The Linq Group for the purpose of being seconded and/or mediated.
2. In these General Terms and Conditions, “in writing”/”written” includes communication by email, fax or digitally (e.g. through an online interface) provided that the identity of the sender and integrity of the content is sufficiently established.
Article 2. Applicability
1. These General Terms and Conditions apply to all offers, quotations, Agreements and Work of The Linq Group, of whatever nature, as well as to the conclusion thereof, unless the applicability of these General Terms and Conditions has been expressly excluded In Writing or has been explicitly agreed otherwise.
2. Any general terms and conditions of the Client, however named, are expressly rejected. Deviations from and additions to these general terms and conditions only apply if and in so far as they have been expressly accepted In Writing by The Linq Group.
3. If The Linq Group allows deviations from these General Terms and Conditions for a short or longer period of time, tacitly or otherwise, this does not affect its right to demand direct and strict compliance with these General Terms and Conditions. The Client cannot derive any rights from the way in which The Linq Group applies these General Terms and Conditions.
4. These General Terms and Conditions also apply to all Agreements with The Linq Group for the execution of which The Linq Group engages third parties. These third parties may invoke these General Terms and Conditions directly, including any limitations of liability.
5. If one or more of the provisions of these General Terms and Conditions or any other Agreement with The Linq Group should be in conflict with a mandatory provision of law or any applicable legal provision, the provision in question will lapse and a new, legally permissible and comparable provision to be adopted by The Linq Group will replace the provision in question.
6. The Client with whom the present General Terms and Conditions have been contracted is deemed to tacitly agree to the applicability of these General Terms and Conditions to an Agreement entered into with The Linq Group at a later date.
7. In the event of a conflict between the content of an Agreement entered into between the Client and The Linq Group and these General Terms and Conditions, the content of the Agreement will prevail.
8. The Linq Group reserves the right to amend these General Terms and Conditions at any time. The amended General Terms and Conditions enter into force at the announced time of entry into force and also apply to Agreements that have already been concluded. The Linq Group will send the amended General Terms and Conditions to the Client in good time. If no effective date has been announced, the amendments will come into effect for the Client as soon as they have been notified of the amendment.
Article 3. Offers and quotations
1. All offers and quotations from The Linq Group are revocable and are made without obligation, unless indicated otherwise In Writing.
2. The Client guarantees the accuracy and completeness of the requirements, specifications and other information and data on which The Linq Group bases its offer.
3. A compound quotation does not oblige The Linq Group to provide part of the services included in the offer or quotation for a corresponding part of the price indicated.
4. The content of the Assignment is exclusively determined by the description of the Assignment given in the quotation and assignment confirmation. If the acceptance deviates (on minor points) from the offer included in the quotation, The Linq Group is not bound by it. The Agreement will not be concluded in accordance with this deviating acceptance, unless The Linq Group indicates otherwise.
5. Obvious errors or mistakes in the The Linq Group offer are not binding on The Linq Group.
6. The prices in The Linq Group’s offers and quotations are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the Assignment, including travel, accommodation, shipping and administration costs, unless indicated otherwise.
7. The Linq Group will share a quote for approval before executing requested additional services that fall outside the agreed-upon executive services in the order confirmation.
8. Explanation of what is included in our fixed monthly price per Linker and what falls under additional services including prices can be found at https://linq.group/s-p-li/
Article 4. Conclusion of the Agreement
1. Subject to the provisions below, an Agreement with The Linq Group is only concluded after the Client has agreed to the The Linq Group offer In Writing. The assignment confirmation is deemed to represent the Agreement correctly and in full unless the Client objects against it immediately and In Writing.
2. Any additional agreements or amendments made at a later date are only binding on The Linq Group if they have been confirmed In Writing by The Linq Group.
3. For Agreements, Work or transactions for which, due to their nature and scope, no Written offer or assignment confirmation is sent, the invoice is deemed to accurately and fully reflect the Agreement, unless objections are made In Writing within 7 working days of the invoice date.
4. Each Agreement is entered into by The Linq Group under the suspensive condition that The Linq Group is authorized to check the creditworthiness of the Client in connection with the financial compliance with the Agreement. If The Linq Group believes, on reasonable grounds, that the Client is not (sufficiently) creditworthy, The Linq Group is entitled to temporarily suspend its obligations. In the event of such a suspension, The Linq Group will immediately notify the Client In Writing and offer the Client the opportunity to provide security.
5. The onboarding of a new client will take place after signing the agreement. Before the start of campaigns, the client must have made an initial payment.
Article 5. Duration and termination of the Agreement
1. The Agreement between The Linq Group and a Client is entered into for a fixed term unless the Parties agree otherwise In Writing.
2. The Agreement ends by operation of law at the end of the agreed term without any further notice of termination being required.
Article 6. Execution of the Agreement
1. The Linq Group will execute the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. This obligation has the character of an obligation to perform to the best of one’s abilities, unless agreed otherwise In Writing.
2. The Client cannot derive any rights from advice and information that they receive from The Linq Group in so far as these do not relate to the Assignment.
3. If and to the extent that The Linq Group believes that the proper performance of the Agreement requires this, The Linq Group has the right to have certain Work performed by third parties.
4. If it has been agreed that the Agreement will be performed in phases, The Linq Group is entitled to suspend the performance of those parts belonging to a subsequent phase until the Client has approved the results of the preceding phase In Writing.
Article 7. Delivery and deadlines
1. If The Linq Group has specified a term for the performance of the Agreement, this is only indicative. A given term of performance is therefore never to be regarded as a deadline. If a term is exceeded, the Client must therefore give The Linq Group notice of default In Writing. In doing so, The Linq Group must be given a reasonable period of time in which to perform the Agreement.
2. The Client loses their right to notify The Linq Group of default if The Linq Group is unable to meet its obligations to the Client on time because the Client has not fulfilled its obligations towards The Linq Group on time, including but not limited to cooperating and providing the necessary documents, information and data in a timely, complete and desired form, as well as making timely and complete prepayments.
Article 8. Amendment to the Agreement
1. If, during the execution of the Agreement, it appears that for a proper execution it is necessary to change or supplement the Work to be performed, the Parties, at the initiative of The Linq Group, will adjust the Agreement accordingly in good time and in mutual consultation.
2. If the Parties agree that the Agreement will be amended or supplemented, this may affect the time of completion of the performance. The Linq Group will inform the Client of this as soon as possible.
3. If the amendment or supplement to the Agreement has financial or qualitative consequences, The Linq Group will inform the Client of this in advance.
4. If a fixed rate has been agreed, The Linq Group will indicate to what extent the amendment or supplement to the Agreement results in this fixed rate being exceeded.
5. Contrary to this provision, The Linq Group will not be able to charge additional costs if the amendment or supplement is the result of circumstances that can be attributed to The Linq Group.
Article 9. Price changes
The Linq Group is entitled to change the price for the services at any time. If The Linq Group increases the price after the conclusion of the Agreement, this price increase will not apply to the ongoing Agreement. Upon continuing the service after the expiration of the Agreement period, the Client and The Linq Group enter into a new agreement. This may mean that new prices are requested for the same services.
Article 10. Invoicing and payment
1. Unless explicitly agreed otherwise, payment for the services of The Linq Group is made per month in advance.
2. Licence fees relating to Agreements up to a maximum of 3 Linkers will be debited from the specified account number by direct debit. To this end, the Client must make a one-off authorisation payment via Mollie, for which The Linq Group will provide a payment link.
3. The Linq Group is entitled to send digital invoices. Invoices must be paid within 14 days of the invoice date, in a manner to be indicated by The Linq Group and in the currency in which the invoice was issued.
4. After expiry of the agreed payment term, the Client is in default by operation of law without further notice of default being required.
5. From the moment of entering into default, the Client will owe interest of 1% per month on the amount due and payable, unless the statutory commercial interest rate is higher, in which case the statutory commercial interest rate will apply. All judicial and extrajudicial costs incurred by The Linq Group to obtain payment – both judicial and extrajudicial – are for the account of the Client from that moment on. In that case, the Client must pay a fee of at least 15% of the outstanding amount, with a minimum of EUR 150. If the costs actually incurred and to be incurred by The Linq Group exceed this amount, they also qualify for compensation.
6. If the Client has not fulfilled their payment obligations on time, The Linq Group is authorized to suspend the fulfilment of the obligations towards the Client for the execution of the Work until payment has been made or adequate security has been provided. The same applies prior to the time of default if The Linq Group has reasonable grounds to doubt the creditworthiness of the Client.
7. In the event of liquidation, bankruptcy, debt restructuring or suspension of payments of the Client or an application for such, the claims of The Linq Group and the obligations of the Client towards The Linq Group are immediately due and payable.
8. If the Client has one or more counterclaims against The Linq Group for any reason whatsoever, the Client waives the right to set-off. This waiver also applies if the Client applies for a (provisional) suspension of payments or is declared bankrupt.
Article 11. Suspension and dissolution
1. If the Client fails to fulfil their obligations under the Agreement, The Linq Group is entitled to dissolve the Agreement by means of a registered letter out of court, without prejudice to the provisions of the Agreement. Dissolution will not take place until the Client has been given Written notice of default and a reasonable period of time has been granted to remedy the breach.
2. Furthermore, The Linq Group is entitled, without any reminder or notice of default being required, to dissolve the Agreement in whole or in part by means of a registered letter extrajudicially and with immediate effect if:
a. the Client applies for (provisional) suspension of payments or the Client is granted (provisional) suspension of payments;
b. the Client applies for their own bankruptcy or is declared bankrupt;
c. the Client submits a request for (statutory) debt restructuring or debt assistance or if any statutory provision concerning debt restructuring or debt assistance applies to the Client;
d. the Client’s company is liquidated;
e. an important part of the Client’s business is taken over;
f. the Client ceases their current company;
g. a substantial part of the Client’s assets is seized through no fault of The Linq Group, or if the Client should otherwise no longer be able to fulfil the obligations arising from the Agreement.
3. The Client only has the authority to suspend or dissolve the Agreement with The Linq Group in so far as this authority arises from the law. If, at the time of dissolution, the Client had already received performance of the Agreement, they can only dissolve the Agreement in part and only for that part that has not yet been performed by or on behalf of The Linq Group.
4. Amounts that The Linq Group has invoiced to the Client prior to dissolution in connection with what The Linq Group has already performed in execution of the Agreement remain due by the Client to The Linq Group and become immediately due and payable at the time of dissolution.
5. If the Client, after being declared in default, does not fulfil any obligation arising from the Agreement, or does not fulfil it fully or on time, The Linq Group is entitled to suspend its obligations to the Client, without being liable to pay any compensation to the Client. The Linq Group is also entitled to do so in the circumstances referred to in paragraph 2 of this Article.
Article 12. Liability
1. If The Linq Group is liable for damage, then that liability is limited to compensation for direct damage and to a maximum of the compensation actually paid out in that specific case by the insurer of The Linq Group. If the insurer does not pay out any compensation, the liability of The Linq Group is limited to compensation for direct damage and up to a maximum of the invoice amount of the Agreement, at least that part of the Agreement to which the liability relates. In the case of Agreements with a lead time of more than 6 months, the liability of The Linq Group is further limited to the invoice amounts charged by The Linq Group to the Client in the last 6 months prior to the occurrence of the damage. Direct damage is understood exclusively:
a. the reasonable costs of determining the cause and extent of the damage, in so far as the determination relates to damage within the meaning of these General Terms and Conditions;
b. any reasonable costs incurred to ensure that The Linq Group’s faulty performance conform to the Agreement, unless these cannot be attributed to The Linq Group;
c. reasonable costs incurred to prevent or limit damage, to the extent that the Client demonstrates that these costs have led to a limitation of the direct damage as referred to in these General Terms and Conditions.
2. The Linq Group is never liable for personal injury, loss of profit, missed savings, damage due to business stagnation and damage as a result of fines imposed for failure to meet delivery dates. Furthermore, The Linq Group is not liable for damage, of any nature or in any form whatsoever, because it has relied on incorrect or incomplete information or data provided by the Client.
3. The Linq Group’s liability for the conduct of auxiliary persons is excluded.
4. The Linq Group archives digital and other files. Should files become damaged, lost or no longer available or usable for any other reason, The Linq Group is not liable for the damage resulting from this.
5. The limitations of liability for direct damage included in these General Terms and Conditions do not apply if the damage is due to intent or gross negligence on the part of The Linq Group.
Article 13. Limitation period
Any form of liability on the part of The Linq Group expires one year after the Work has been performed, the Assignment has been completed, or deliveries have been made.
Article 14. Indemnification
The Client indemnifies The Linq Group against any claims by third parties who suffer damage in connection with the performance of the Agreement and the cause of which is attributable to the Client, including claims by employees of the Client to whom a License has been granted by the Client. If The Linq Group is sued by third parties for such claims, the Client is obliged to assist The Linq Group both in and out of court and to immediately do everything that can be expected of them in that case. If the Client fails to take adequate measures, The Linq Group is entitled, without notice of default, to do so itself. All costs and damages incurred by The Linq Group and third parties as a result are entirely at the expense and risk of the Client.
Article 15. Intellectual property
1. Without prejudice to the other provisions of these General Terms and Conditions, The Linq Group reserves all intellectual and industrial property rights that may arise from or rest on the Work, as well as any powers that The Linq Group may have under the law.
2. All works that may be provided by The Linq Group are exclusively intended to be used by the Client within their own organization and may not be reproduced, made public or made known to third parties by the Client without the prior consent of The Linq Group, unless the nature of the works dictates otherwise.
Article 16. Confidentiality
1. Both Parties are obliged to keep confidential all confidential information that they have obtained from each other or from another source within the framework of their Agreement. Information will be deemed to be confidential if this has been communicated by one of the Parties or if this arises from the nature of the information.
2. If, based on a statutory provision or a judicial decision, The Linq Group is obliged to disclose confidential information to third parties designated by law or the competent court, and The Linq Group cannot invoke a legal right of disclosure or a recognized or permitted right of disclosure by the competent court, The Linq Group is not obliged to pay damages or compensation and the other party is not entitled to dissolve the Agreement on the grounds of any damage caused by this.
3. The Linq Group reserves the right to use any knowledge gained through the execution of the Work for other purposes, as long as no confidential information is brought to the attention of third parties.
Article 17. Force majeure
1. The Parties will not be obliged to fulfil any obligation if they are prevented from doing so as a result of a circumstance for which they are not to blame, and which is not for their account by virtue of the law, a legal act or generally accepted views.
2. In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in this respect in law and jurisprudence, all external causes, foreseen or unforeseen, over which The Linq Group has no influence, but which prevent The Linq Group from fulfilling its obligations. This includes strikes in the company of The Linq Group.
3. The Linq Group also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after The Linq Group should have complied with its obligation.
4. The Parties may suspend the obligations arising from the Agreement during the period that the force majeure continues. If this period lasts longer than 2 months, each of the Parties is entitled to dissolve the Agreement, without any obligation to pay damages to the other Party.
5. For as much as The Linq Group has already partially fulfilled its obligations under the Agreement or will be able to fulfil them at the time of the force majeure, and the part already fulfilled or still to be fulfilled is of independent value, The Linq Group is entitled to invoice the part already fulfilled or still to be fulfilled separately. The Client is obliged to pay this invoice as if it were a separate Agreement.
Article 18. Applicable law, interpretation of the General Terms and Conditions and Choice of Forum
1. All Agreements entered into and to be entered into by The Linq Group are governed by Dutch law.
2. In the event of an interpretation of the contents and purport of these General Terms and Conditions, as well as in the event of a conflict between the contents or interpretation of any translations of these General Terms and Conditions and the Dutch version, the Dutch text will always prevail.
3. All disputes – including those that are only considered as such by one of the Parties – that arise as a result of an Agreement to which the present General Terms and Conditions apply in whole or in part, or as a result of other Agreements that are a result of such an Agreement, will be settled by the competent Court in the district where The Linq Group has its registered office, unless a mandatory provision of the law opposes this. This does not affect the fact that The Linq Group may agree with the Client to have the dispute settled by means of independent arbitration.
CHAPTER 2. LEAD GENERATION
The provisions set out in this chapter apply, in addition to the general provisions (Chapter 1. General) of these General Terms and Conditions, to all Agreements concluded by The Linq Group in so far as this relates to Lead Generation.
Article 19. Onboarding
1. Before The Linq Group carries out the Work, The Linq Group plans an onboarding session with the Linkers. During this onboarding session, The Linq Group will explain its Work and explain to the Linkers how Connections will be approached by The Linq Group. The onboarding session will take place in a group. All Linkers need to be present.
2. After the onboarding has taken place, The Linq Group will carry out a check. The Linq Group will check whether:
a. a Sales Navigator-License is available per Linker;
b. the Linker has approved the list of Connections to be assigned by The Linq Group; and whether
c. the Linker and the Client have agreed to the communication strategy as proposed by The Linq Group.
Article 20. Licenses
1. The Client will have access to their own admin account within the online platform of The Linq Group. Via this platform, the Client can independently assign (link) Licenses to certain Linkers.
2. In the Agreement, the Parties agree on the number of Linkers for which the Agreement is entered into. The Client must conclude a License for each Linker. These Licenses are transferable subject to certain conditions. This means that the Client may use a License for another person within the Client’s organization. For example, in the event that a staff member leaves the Client’s organization.
3. Whenever the Client assigns a License to another person within the organization during the term of the Agreement, a new onboarding session must be conducted for this person. The costs for this can be found on the following page: https://linq.group/s-p-li/
4. If a transfer of the license to another employee occurs, the duration of the agreement will be extended by 1 month. This is because starting a campaign for a new Linker takes time. The costs for this will be communicated in advance.
5. The number of Licenses cannot be adjusted downwards during the term of the Agreement. However, it is possible to take out additional Licenses. If the Client wishes to conclude additional Licenses, the Parties will conclude a new Agreement to this end.
Article 21. Cooperation by the Client
1. The Client will ensure that all cooperation, information and data, which The Linq Group indicates as necessary or which the Client should reasonably understand as necessary for the execution of the Agreement, are provided to The Linq Group in a timely manner in order to enable The Linq Group to execute the Assignment properly.
2. In order for The Linq Group to be able to start approaching Connections from the Commencement Date, the Client must ensure that the necessary Licenses are obtained in a timely manner, including in any case the LinkedIn Sales Navigator License. In addition, the onboarding with the Linkers must have taken place and The Linq Group must have access to the login details of the Linkers in question. Furthermore, the Linker and the Client must have complied with all the conditions set out in Article 7.2 of these General Terms and Conditions.
3. If The Linq Group cannot start its Work because (a) the Client does not have the required Licenses on time, (b) the onboarding has not yet taken place and the reason for this cannot be attributed to The Linq Group, or (c) The Linq Group does not have the required information and (login) data, the Client does not have the right to suspend payment of amounts due to The Linq Group, nor the right to a (partial) refund of amounts already paid or to extend the term of the Agreement.
Article 22. Account details
1. In order to execute the Agreement, The Linq Group must have access to the LinkedIn Profiles of the Linkers to whom the Client has assigned the Licenses. To this end, the Linker must provide The Linq Group with their login details via the online platform of The Linq Group. In doing so, the Linker must agree to the Privacy Statement of The Linq Group, which describes how The Linq Group processes the Personal Data of the Linker.
2. The Client cannot force or oblige their employee(s) to provide their LinkedIn login data. The provision of LinkedIn login data by the Linker is therefore always on a voluntary basis.
3. If the cooperation and login details required for the performance of the Agreement are not provided to The Linq Group in a timely manner, The Linq Group has the right to suspend the performance of the Agreement and/or charge the Client the usual fees.
Article 23. Approaching Connections
1. The Linq Group does not start conversations with Connections on behalf of the Linker unless the Linker has given The Linq Group permission to do so.
2. Based on the objectives and specifications agreed between the Parties, The Linq Group will compile a list of Connections for each Linker that The Linq Group wishes to approach. The Linq Group will submit this list to the Linker. The Linker must then give permission for approaching the Connections in question.
3. If the Linker does not give permission for certain Connections to be approached, The Linq Group will replace the rejected Connections with other Connections. These new Connections will also be submitted by The Linq Group to the Linker for approval before The Linq Group approaches these Connections.
4. If the Linker rejects certain Connections proposed by The Linq Group during a second proposal, the number of Connections to be approached by The Linq Group will be adjusted pro rata (downwards), without The Linq Group being in default as a result. In that case, the Client will continue to owe The Linq Group the fully agreed fee.
Article 24. Confidentiality of private conversations
1. The Linq Group will exercise the utmost care when using the LinkedIn account of the Linker. Nevertheless, it cannot be ruled out that The Linq Group may see (parts of) the Linker’s private conversations when opening the Linker’s LinkedIn account.
2. The Linq Group guarantees the confidentiality of the Linker’s private conversations on LinkedIn. This means that the content of private conversations made by the Linker on LinkedIn are not processed or stored by The Linq Group in any way whatsoever, or provided or disclosed to the Client, with the exception of conversations continued by the Linker after The Linq Group has started a conversation with these Connections. To this end, The Linq Group concludes a Confidentiality Agreement with the Linker in which this confidentiality is recorded.
Article 25. Processing and analyzing conversations
1. Conversations held by The Linq Group via the LinkedIn account of the Linker are processed manually by The Linq Group in accordance with the Privacy Policy of LinkedIn. Conversations are not stored or processed by The Linq Group in their entirety.
2. The Linq Group will indicate in the online platform what the status of the conversations is and whether a certain action must be taken by the Linker towards the Connections. In this way, both the Linker and the Client can view the progress of the conversations via the online platform.
3. When the Linker needs to take action towards a connection approached by The Linq Group, The Linq Group will indicate this in the online platform. The Linq Group cannot oblige the Linker to take the proposed action. The Linq Group is not responsible for the follow up of the proposed action by the Linker.
4. At the request of the Client, the lead data can be transferred by The Linq Group to the Client’s CRM system by means of an API. The implementation of this possibility by The Linq Group may incur additional costs. These additional costs are at the expense of the Client. When The Linq Group delivers lead data to the Client using the aforementioned API, The Linq Group also transfers the responsibility for processing these data to the Client.
5. Saved conversations remain visible to the Client on the The Linq Group online platform throughout the entire term of the Agreement, as well as up to 14 days after the end of the Agreement, even if the Client grants a License to another person during the term of the Agreement.
6. During the term of the Agreement, The Linq Group is entitled to analyse – for statistical purposes – the conversations and actions carried out by The Linq Group with Connections, including those carried out by the Linker with those Connections, as well as the resulting results. This is done anonymously. The Linq Group does not analyse private conversations by the Linker, with the exception of conversations that were continued by the Linker after The Linq Group started a conversation with these Connections.
7. After the end date of the Agreement, the Client and the Linkers to whom the Client has granted the Licenses have access to the The Linq Group online platform for another 14 days. The Client is responsible for storing any conversations and conversation data. The Linq Group is not obliged to store (or have stored) the information and data relating to the conversations made longer than 14 days after the end of the Agreement.
CHAPTER 3. OUTSOURCING
The provisions set out in this chapter apply, in addition to the general provisions (Chapter 1. General) of these General Terms and Conditions, to all Agreements concluded by The Linq Group in so far as they relate to Outsourcing.
Article 26. Rates
1. The Client will pay The Linq Group the client’s rate if a Worker proposed by The Linq Group to the Client or their associated company is seconded to the Client or their associated company or is otherwise employed by the Client or their associated companies, directly or indirectly, whether or not through third parties or on their own account.
2. The hourly rates for the provision of Workers by The Linq Group are exclusive of turnover tax but inclusive of employers’ contributions, unless agreed otherwise. The Client will provide The Linq Group with full information regarding the remuneration applicable at the Client. If The Linq Group is fined for providing incorrect details of the hirer’s remuneration by the Client, the costs of the fine will be payable in full by the Client (including any consequential loss for The Linq Group).
3. Rate quotes are only provided based on the rates, wages, premiums, taxes, employer’s contributions, reservations and agency margin applicable at the time of providing such quote.
Article 27. Rate Changes
The Linq Group is entitled to increase their rates for each agreement concluded with the Client. In addition, The Linq Group is entitled to increase the rates for existing agreements on an annual basis, based on the CBS index for collectively agreed hourly wages, if applicable. The rate will also include one or more of the following cost increases in full or in proportion: change as a result of a government measure or other binding regulation of remuneration or terms of employment of the personnel deployed, change in social charges and premiums, change in tax legislation, introduction of a general binding regulation of new charges or premiums or change in the employer’s share thereof and/or other invoices that partly determine the hourly rate of the personnel. The Linq Group is entitled to increase the rate by the same percentage as the collectively agreed wage increase in the event of a mandatory wage increase based on the hirer’s remuneration.
Article 28. Illness of the Posted Worker
In the event of illness of less than eight weeks of the posted Worker by The Linq Group, The Linq Group is not obliged to replace the Worker. In the event of illness of more than eight weeks, the Client and The Linq Group will consult with each other about the replacement of the posted Worker. The Linq Group has an obligation of effort in this regard and is not liable for any damage suffered by the Client if The Linq Group is unable to provide another suitable Worker on time.
Article 29. Payment to the Posted Worker
The Linq Group guarantees the payment of the wages of the posted Worker and the payment of the wage tax and employee/police insurance premiums due. Besides The Linq Group, the Client is jointly and severally liable towards the Worker for the payment of the wages owed to the Worker, unless the Client cannot be blamed for any underpayment.
Article 30. Conclusion of an Employment Agreement with the Worker
1. The Client is only entitled to enter into an employment relationship with a posted Worker if they have worked for the Client through The Linq Group for at least 1250 hours and if the terms and conditions stated below in this Article are met.
2. The Client who intends to enter into an employment relationship with a posted Worker will notify The Linq Group in writing and in good time before carrying out this intention.
3. The Client will not enter into an employment relationship with a posted Worker as long as the Agreement between the Worker and The Linq Group has not been legally terminated.
4. If in accordance with the provisions above in this Article, the Client enters into an employment relationship with a posted Worker, who is or was made available to them based on an Order for an indefinite period of time, before that Worker has worked 1250 hours in accordance with that Order, the Client owes The Linq Group a fee in the amount of 25% of the most recently prevailing client’s rate over 1250 hours minus the hours already worked by that Worker in accordance with the Order, without prejudice to the right of The Linq Group to claim another reasonable fee (at that time) instead.
5. If the Client enters into an employment relationship with a Worker, who is or was made available to them based on an Order for a fixed-term outsourcing contract, the Client will owe a compensation amounting to 25% of the most recently applied client’s rate (calculated over the agreed or usual hours and overtime) for the remaining duration of the Order or in case of an Order for a outsourcing contract that can be terminated prematurely over the non-observed notice period, on the understanding that the Client will always owe at least the compensation referred to under paragraph 4 of this Article.
6. If the Client enters into an employment relationship with the Worker within 3 months after the posting of the Worker at the Client has ended (regardless of whether this was based on an Order for a fixed-term or permanent outsourcing contract), they will owe the fee referred to in paragraph 4 of this Article. This applies both in the event that the Client has approached the Worker for this purpose directly or through third parties and when the Worker has applied for a job with the Client directly or through third parties.
7. If a (potential) Client initially came into contact with a Candidate through the mediation of The Linq Group, for instance because they were introduced to The Linq Group, and that (potential) Client enters into an employment relationship with that Candidate within six months of making the contact without the outsourcing taking place, that potential Client will be liable to pay compensation of 25% of the client’s rate that would have applied for the relevant Candidate if the outsourcing had taken place, for 1250 hours.
8. For the purposes of this Article, entering into an employment relationship is understood to mean concluding an employment agreement, a contract for work and/or an commission agreement by the Client with the Worker/Candidate for the same or different work; appointing the Worker/Candidate as a civil servant for the same or different work; having the relevant Worker/Candidate made available to the Client by a third party (for instance another outsourcing company) for the same or different work; the Worker/Candidate entering into an employment relationship with a third party for the same or different work, where the Client and that third party are affiliated in a group or one is a subsidiary of the other.
Article 31. Supervision and Place of Performance
1. Work performed by the Worker as part of the execution of an order or project will take place under the responsibility, management and supervision of the Client, unless agreed otherwise in writing. With regard to the personnel deployed by The Linq Group, the Client is responsible for compliance with the legal obligations with regard to safety and working conditions, in so far as the work is performed on the premises of the Client (or their client).
2. Without the prior written consent of The Linq Group, the Client is not permitted to employ a Worker made available to them outside the Netherlands or otherwise oblige or request them to go to a place outside the Netherlands in connection with the work. The Client will immediately arrange for the Worker to return to the Netherlands as soon as The Linq Group withdraws its permission.
3. The Client is not permitted to second the posted Worker from The Linq Group to a third party, unless otherwise agreed in writing.
Article 32. Progress
For the progress of the project or order, monthly progress reports will be kept by the Worker. The Client is obliged to ensure that the number of hours worked, overtime hours and leave hours are filled in correctly and clearly and signs the report for approval. The Client vouches for the signing authority of their personnel and accepts responsibility for signing the reports.
Article 33. Invoicing
Invoicing takes place on the basis of actual costing of the number of hours worked. The periodic invoices of The Linq Group are compiled using the progress reports signed by the Client. Expenses incurred by The Linq Group’s Worker which are not specified in the Agreement will be borne by the Client.
CHAPTER 4. RECRUITMENT AND SELECTION
The provisions contained in this chapter apply, in addition to the general provisions (Chapter 1. General) of these General Terms and Conditions, to all Agreements concluded by The Linq Group in so far as they relate to Mediation.
Article 34. Rates and Invoicing
1. The Linq Group will charge a rate for the successful performance of an Order for recruitment and selection, calculated as follows: 22.5% of the gross annual salary (including 13th month and holiday allowance) with a lower limit of the annual salary of EUR 37,500.00. This rate plus VAT is invoiced in two equal instalments. The first term will be invoiced on the date of commencement of employment. The second term will be invoiced on the first day after the legal probationary period has expired.
2. The calculation of the rate is based on the gross annual salary (incl. 13th month and holiday allowance) that the selected Candidate will earn after entering into employment with the Client. If the salary structure includes emoluments in the form of bonuses, further agreements are made between the Client and The Linq Group with the aim of including these emoluments in the calculation of the rate. When calculating the rate for a part-time position, the gross annual salary in the event of a full-time position will be used.
3. If the Candidate selected by The Linq Group is no longer working for the Client within one month of commencing employment, only the first part of the rate invoiced on the day of commencing employment will be due for payment.
Article 35. Selection of Candidates
1. The Candidate is deemed to have been selected after the Client has been sent their curriculum vitae or resume, or if the Candidate has been introduced verbally by The Linq Group. If the Candidate was introduced to/selected for the Client and initially rejected by the Client or initially rejected the offer of employment with the Client and is deployed by the Client within 6 months after the introduction date, in any capacity whatsoever, the Client is still obliged to pay The Linq Group the full agreed fee for Mediation and it is up to the Client to prove that the Candidate was not hired.
2. If the Client withdraws a written offer of employment without this being attributable to the Candidate and after the Candidate has already accepted the offer, the Client must pay the fully agreed fee for Mediation. If the Client takes on an additional Candidate from among the Candidates put forward by The Linq Group, the full agreed fee for Mediation will also be charged for this mediation.
Article 36. Obligation of Effort
1. An order to recruit personnel is considered an obligation of effort. The decision to conclude an employment agreement with a Candidate recommended by The Linq Group remains the responsibility of the Client. The Linq Group does not accept any liability for failures of or damage caused by recommended Candidates.
2. No guarantees or value judgements are made by The Linq Group about any Candidate recommended, neither explicitly nor implicitly. The Linq Group does not accept any liability, neither for the non-performance or non-compliance of the terms and conditions of employment by the Candidate, nor for the occurrence of any loss, damage or delay arising from the nomination of the Candidate or their employment with the Company.