Terms of Service

Last updated: September 10, 2017

Working environment

Recruitment and selection for employment is the assignment by which Try Catch introduces to the client, either in oral or written form, one or more candidates considered suitable by Try Catch for appointment by the client. Such an assignment is successfully fulfilled if and when a candidate introduced by Try Catch enters into employment at the client.

Introduction is understood to be any form of bringing a candidate to the attention of the client.

Employment is understood to be any comparable form of actual employment of a candidate introduced by Try Catch, e.g. as a contractor, as a partner, as a secondment employee, whether or not through a third party and whether or not within any other establishment of the client and/or a company affiliated with its organisation.

Successful completion of the recruitment and selection assignment is also understood to be the case when a candidate introduced by Try Catch to the client becomes employed or otherwise, whether or not through third parties, in any way, in any function, within the company of the client or any of its affiliates, within twelve months after the introduction or after the last moment of contact between candidate and client, whichever is most recent, and whether or not after revocation or termination of the contract.

Information duty

The client is required to provide information on the gross annual salary and the start date of the selected candidate to Try Catch within 14 (fourteen) days after the candidate has accepted the job offer as set out under Article A.1. In case the client does not provide this information in a timely manner, or provides insufficient or incorrect information, Try Catch is entitled to estimate both the amount of the gross annual salary and the start date of the contract, and invoice that estimation accordingly.

Responsibility

Regarding the assignment, Try Catch is obliged to make an effort to recruit and select the right candidates for employment with the client. The decision to enter into an employment with a by Try Catch selected candidate, as well as the exact content of the employment contract, the remuneration, and the working conditions thereof, is fully and completely the responsibility of the client. Try Catch accepts no liability whatsoever for any shortcomings and/or damage caused by a candidate proposed by Try Catch.

Confidentiality

The client is not permitted to disclose details of a candidate proposed by Try Catch or any unauthorised information concerning the business of Try Catch to a third party without prior written consent of Try Catch. Try Catch is not permitted to disclose any unauthorised details of the clients’ business to a third party without prior written consent of the client.

Liability

Try Catch is not liable for any indirect, consequential, immaterial damage or pure economic loss. The remaining liability of Try Catch for culpable failures is limited to the invoice amount.

Jurisdiction and disputes

This agreement is governed by Dutch law. The applicability of the terms used by the client is expressly excluded at all times, unless deviations thereof are explicitly agreed upon in writing. In case of disputes regarding this agreement, the Amsterdam District Court has the exclusive jurisdiction to take notice thereof.