Terms and conditions

1. Definitions and Applicable Conditions

1.1 These general terms and conditions apply to all offers, assignments, and agreements regarding recruitment and selection services executed by Expand, as well as to all related legal relationships with its contracting party (hereinafter "Client").

1.2 Definitions

Candidate: The natural person proposed by Expand to the Client for a vacancy.
Gross Annual Salary Package: The annual salary in the case of full-time employment, including fixed bonuses, 13th month, holiday pay, commissions, and other fixed benefits.
Mobility Budget: A flat-rate amount of €7,500 if the candidate is entitled to a company car for private use, which is included in the calculation of the gross annual salary package.
Agreement: The mediation agreement between Expand and the Client regarding recruitment and selection.
Introduction: The presentation of a candidate's details by Expand to the Client.

1.3 Deviations from these terms and conditions are only valid if agreed upon in writing.

1.4 If one or more provisions turn out to be invalid or void, the remaining provisions shall remain fully in force.

1.5 Expand reserves the right to unilaterally modify these terms and conditions, with a notice period of 14 days to the Client, subject to written objection within that period.

2. Formation of the Agreement

2.1 An agreement is formed after a written or verbal assignment from the Client and acceptance by Expand.

2.2 All assignments are carried out on a "no cure, no pay" basis, unless agreed otherwise.

3. Agreement of Terms

3.1 If an agreement is reached between the Client (or an associated company) and the candidate within one year after the introduction of a candidate - directly, indirectly, or through third parties - the Client is liable to pay the agreed fee.

3.2 The Client must inform Expand in writing of the employment within five business days after hiring.

3.3 If this notification is not made on time, the right to warranty expires and Expand may charge a flat-rate compensation of €3,500.

4. Fee

4.1 The fee is 25% of the gross annual salary package of the hired candidate, with a minimum of €12,500 excluding VAT.

4.2 If a company car is provided which may be used for private purposes, a fixed surcharge of €7,500 applies, which will be calculated into the gross annual salary package.

4.3 All amounts are excluding VAT.

5. Payment

5.1 Invoicing occurs upon the signing of the employment contract or at the start of the candidate's employment.

5.2 Payment term: 15 days from invoice date.

5.3 In case of late payment, interest on commercial transactions is due conform the law of 2 August 2002.

5.4 If payment is not made, Expand reserves the right to charge judicial and extrajudicial collection costs (minimum 10% of the outstanding amount), without prejudice to the right to compensation for actual costs incurred.

5.5 If the payment term is exceeded, the right to the warranty arrangement expires and Expand may suspend further assignments.

Liability

6.1 Expand is not liable for damage caused by the candidate. The final selection and hiring remain at all times the responsibility of the Client.

6.2 Expand provides no guarantee regarding the suitability or performance of candidates.

6.3 Expand is only liable in the event of intent or gross negligence.

6.4 Any liability is limited to the amount of the fee invoiced for the assignment in question, with a maximum of €10,000.

7. Confidentiality

7.1 All information provided by Expand regarding candidates is confidential.

7.2 If the Client shares this information with third parties and this leads to a hiring, the Client is still liable to pay the full fee.

8. Warranty Period

8.1 If a candidate leaves employment within 60 days of starting (voluntarily or due to insufficient performance), Expand will issue a refund pro rata to the period worked by the candidate, calculated on the basis of the agreed fee. This refund will be made within 30 days after written notification of the candidate's departure.

8.2 The warranty expires if payment was not made on time or if the departure is the result of circumstances within the Client's organization.