All missions accepted by Xpertize Luxembourg SARL, (hereafter “Xpertize”) shall be governed by Luxembourg law and the present general terms and conditions (hereafter “GTC”).
Unless Xpertize expressly accepts the Client’s conditions in writing, the present GTC supersede all other terms and conditions in the event of a conflict.Unless formally denounced by the customer (in writing), this contract is considered tacitly fully accepted by the client if an interview or a contact (physical, Skype or phone) is organised by/for the client with a candidate introduced by Xpertize.lu.
Xpertize will edit and send the invoice at the signature of the working contract (or equivalent) by the selected candidate.All fees are calculated according to the rate in effect at Xpertize, plus VAT.Candidate ownership: if a candidate presented by Xpertize is recruited by the client (whatever the function), within a period of 12 months after the first presentation of the candidate profile, the Client shall pay fees to Xpertize as stipulated in the current contract.If, for a given mission, the Client decides to recruit (or to collaborate with) more than one of the candidates introduced by Xpertize instead of just the one contractually agreed upon, then the Client shall pay Xpertize fees as stipulated in the current contract for each of the candidates thus hired.The Client shall inform Xpertize of the hiring of any candidate(s) within 5 days and, specifically, of the terms and conditions of the employment contract agreed to by the candidate(s) hired.If the Client or the candidate ends the employment contract within the first 6 months after the start date of the candidate, Xpertize will use its best efforts to find a replacement without any additional expenses for the Client, under the express conditions that :All sums due by the Client have been paid in accordance with the present GTC;
The position is identical;The Client has notified Xpertize in writing within 8 days of termination (by registered mail or by email with acknowledgment of receipt);The end of the contract is not a result of an economic lay-off or from a modification of the position (or of the function) exercises by the candidate of from a restructuring by the client.The Client shall be responsible for all medical examination and for all steps necessary in obtaining work permits or authorizations for the candidate. Furthermore, the Client shall ensure that it is in compliance with any employment legislation in effect.
Xpertize shall use its best efforts to ensure the aptitude of the candidates introduced to the Client and to maintain a high quality of service and integrity, but it does not guarantee expressively or implicitly the aptitude of the candidates introduced to the Client.Xpertize is not liable to the Client for any damage, loss, expenses, disputes or spending suffered or incurred by the Client in connection with the recruiting or hiring of candidates by the Client.
Xpertize will do its best efforts to honour this contract but Xpertize is not result commitment focused.All fees due under the present GTC shall be payable by the Client 30 days from presentation of the invoice. Any sums remaining unpaid on the due date shall bear interest for the late payment at the legal interest rate.
Xpertize and the Client agree to abide by the GDPR of May, 26 2018 on the Protection of Persons with regard to the Processing of Personal Data. In the context of the agreed-upon services, each party shall individually comply with the applicable legislation on privacy and data protection. In compliance with the prevailing legislation, each party is responsible for the processing of the personal data of candidates, applicants, temporary employees, permanent employees, contact people, and anyone else involved in current or future agreements. The parties agree that personal data can be exchanged. Each party is responsible for the fact that personal data can only be transferred if the right to do so exists and any required consent from the parties involved has been obtained. The Client acts as the data controller and undertakes to comply with all obligations relating to the protection of personal data. The Client shall guarantee, among other things, that applicable technical and organisational measures shall be taken so that the processing of the personal data fulfils the requirements of the legislation and guarantees protection of the rights of the parties involved. The Client shall ensure that the parties authorised to process the personal data undertake to observe confidentiality or are bound by an appropriate statutory obligation of confidentiality. The Client shall immediately remove all personal data concerning one of our proposed candidates if the Client decides not to keep this candidate. Furthermore, at the end of the services, the Client must delete or return all personal data and delete existing copies, unless storage of the personal data is mandatory under EU or member state law.