Terms and Conditions
Terms and conditions
These terms and conditions apply to every quotation, offer, and agreement of N&J Connect B.V. Last modified on January 5, 2026.
Article 1
Applicability and general
These general terms and conditions apply to every quotation, offer, and agreement between N&J Connect B.V. (hereinafter: “Contractor”) and a Client, unless the parties expressly agree otherwise in writing.
Deviations from these terms and conditions are only binding once agreed upon in writing by the parties.
The applicability of any purchasing or other terms and conditions of the Client is expressly rejected.
If one or more provisions in these general terms and conditions are non-binding or void, the remaining provisions will remain fully in force. The parties will then consult to replace the void provision with a valid provision that approximates the scope of the original provision as closely as possible.
The Contractor processes personal data in accordance with the General Data Protection Regulation (GDPR) and its own privacy statement.
Any situation not provided for in these terms and conditions must be assessed in accordance with the spirit thereof.
Article 2
Quotations and offers
All quotes and offers from the Contractor are non-binding, unless a deadline for acceptance has been stated. A non-binding quote expires by operation of law 30 days after the date of the quote.
The Contractor is not bound by obvious mistakes or clerical errors in its quotes or offers.
The prices stated in a quote are exclusive of value-added tax (VAT) and other government-imposed levies, unless indicated otherwise.
A composite quote does not oblige the Contractor to perform part of the assignment for a proportionate part of the stated price.
A deviating acceptance of the quote by the Client constitutes a rejection of the original quote and a new counteroffer. The agreement only comes into effect after written acceptance of this counteroffer by the Contractor.
Article 3
Execution of the agreement
The Contractor shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
The Contractor is authorized to have work carried out by third parties.
If the agreement is executed in phases, the Contractor may suspend the execution of a subsequent phase until the Client has approved the results of the previous phase in writing.
The Client is obliged to provide all information that the Contractor reasonably requires for the execution of the agreement in a timely manner. Delays in the provision of information give the Contractor the right to suspend execution and/or to charge any resulting additional costs.
The Contractor is not liable for damages resulting from the use of inaccurate or incomplete data provided by or on behalf of the Client.
Article 4
Agreement amendments
If during the execution of the agreement it appears that an amendment or addition is necessary, the parties will consult in a timely manner and amend the agreement in writing. This may have consequences for the price and the execution period.
An amendment to the agreement shall only take effect after the parties have agreed to it in writing, including the financial and temporal consequences.
Article 4a
Price changes and indexation
General Price Changes (B2B): The Contractor is entitled to increase the agreed prices if the price increase arises from a statutory obligation or a change in the price of raw materials, wages, etc., occurring within 3 months after the conclusion of the agreement, provided that:
a. The Contractor promptly notifies the Client of this in writing.
b. The price increase is reasonable and objectively demonstrable.
c. The Client is entitled to terminate the agreement free of charge if the price increase exceeds 10% and takes effect within 3 months after the conclusion of the agreement.Annual Indexation: For agreements with a term longer than 12 months, and for all assignments performed after the first year, the Contractor is entitled to adjust the applicable prices, hourly rates, and daily rates annually as of January 1.
Indexation Formula: The adjustment is made based on the average increase in the Consumer Price Index (CPI) for all households, as published by Statistics Netherlands (CBS), according to the formula below:
New rate = Old rate x (CPI of the month of September of the current year / CPI of the month of September of the previous year)Notification: The Contractor will inform the Client in writing or by email about the adjusted rates no later than November 1 prior to the year in which the change takes effect. The revised rates apply to all invoices sent after January 1 of the new year.
Consumers (B2C): Unilateral price changes are not permitted, unless expressly and legally permitted.
Article 5
Suspension and dissolution
The Contractor is entitled to suspend its obligations or to dissolve the agreement if:
a. The Client does not, not timely, or not fully fulfill its obligations.
b. Circumstances become apparent after the conclusion of the agreement that make proper performance by the Client unreasonable.
c. The Client is declared bankrupt, applies for a moratorium on payments, or enters into a debt restructuring scheme.Dissolution is always effected in writing.
Claims of the Contractor against the Client become immediately due and payable upon dissolution.
If the dissolution is attributable to the Client, the Contractor is entitled to compensation for the damages and costs incurred as a result.
Article 6
Payment and collection costs
Payment must be made within 14 days of the invoice date, unless agreed otherwise in writing.
The Client is in default by operation of law if the agreed period is exceeded. In that case, statutory commercial interest is due.
Set-off and suspension: The Client is not permitted to suspend its payment obligation or set off amounts against its own claims against the Contractor, unless this has been agreed upon.
All extrajudicial collection costs shall be borne by the Client and calculated in accordance with Dutch debt collection practice (WIK).
Article 7
Retention of title and intellectual property
All goods delivered by the Contractor remain the property of the Contractor until the Client has fully fulfilled all its obligations under the agreement(s).
As long as ownership has not been transferred, the Client may not sell, pledge, or otherwise encumber the goods.
All intellectual property rights to materials developed by the Contractor (advice, reports, software, etc.) rest exclusively with the Contractor.
The Client only obtains a non-exclusive right of use for the intended purpose.
The Client is not permitted to reproduce, disclose, or use the materials outside the scope of the agreement without prior written consent from the Contractor.
The Client is obliged to insure the goods against damage caused by fire, explosion, and water, as well as against theft.
Article 8
Warranty and Complaints
Complaints about work or invoices must be reported in writing within 8 days after discovery (but no later than within 14 days after delivery/invoice date).
A warranty period of 6 months applies to delivered physical goods. For services (consultancy/recruitment), the specific scheme in Article 13 applies.
If a complaint is well-founded, the Contractor will, at its option, repair or replace the item or refund the purchase price.
Filing a complaint does not suspend the Client's payment obligation.
Article 9
Liability
The liability of the Contractor is in all cases, except in the event of intent or willful recklessness, limited to compensation for direct damage up to a maximum of the amount invoiced under the relevant assignment in that calendar year (excluding VAT), with a maximum of € 75,000.
Direct damage is understood exclusively as:
a. the reasonable costs incurred to establish the cause and extent of the damage;
b. the reasonable costs incurred to ensure that the Contractor's performance conforms to the agreement;
c. the reasonable costs incurred to prevent or limit the damage.The Contractor is not liable for indirect damage, including but not limited to consequential damage, lost profits, lost savings, damage to reputation, delay damage, and business interruption loss.
The limitations set forth in this article also apply to (recruitment & selection) assignments where candidates are introduced. The Contractor is not liable for the suitability, performance, or actions of a placed candidate or interim professional, nor for any damage resulting therefrom. The ultimate responsibility for the selection, appointment, and supervision of the candidate always rests with the Client.
Article 10
Privacy and GDPR
Both parties commit to strict compliance with the GDPR.
The Client is considered an independent data controller for the personal data of candidates from the moment these are shared by the Contractor.
The Client indemnifies the Contractor against all fines from the Dutch Data Protection Authority resulting from careless data processing by the Client.
Article 11
Applicable law and disputes
All agreements between the parties are governed exclusively by Dutch law.
Disputes shall in the first instance be submitted to the competent court in the district of the Contractor's place of business.
The parties will first attempt to resolve a dispute through mutual consultation before initiating legal proceedings.
Article 12
Transfer of agreement
The Contractor is entitled to transfer all or part of the rights and obligations under the agreement to a third party.
Article 13
Specific Terms for Recruitment, Selection, and Interim Services
Candidate Presentation:
a. The Contractor shall make every effort to find and present candidates who match the profile specified by the Client.
b. The Client acknowledges that the Contractor cannot provide any guarantee regarding the availability, suitability, or success of a candidate for a position.
c. The Client is obliged to ensure the confidentiality of all candidate information provided by the Contractor and to use it solely for the purpose of filling the vacancy.Introduction:
A legally valid introduction takes place as soon as the Contractor provides candidate details to the Client based on a request for placement. It is irrelevant in this regard whether the request was made in writing or orally.2-Working-Day Rule
If the Client already knows the candidate, they must report this in writing and with supporting evidence within 2 working days following the introduction. In the absence thereof, the introduction by the Contractor shall be considered binding for any subsequent fee.Bypass Clause:
a. The Client is required to notify the Contractor in writing without delay of an offer to, or agreement with, a candidate introduced by the Contractor.
b. If the Client enters into an employment relationship or collaboration with the candidate directly or via third parties within 12 months after the initial introduction, the full placement fee shall become immediately due and payable.Placement Fee:
a. The fee amounts to a percentage of the gross annual salary (including holiday allowance and fixed bonuses), with a minimum of €5,000 for permanent and €3,000 for interim/temporary, unless agreed otherwise.Guarantee for Permanent Employment:
a. If a placed candidate (permanent) leaves within 3 months, the Contractor offers a free replacement search or a 50% refund, provided that:
i. The invoice has been paid in full within the agreed payment term;
ii. The departure is not attributable to a change in the position, reorganization, misconduct by the Client, or force majeure.DBA Act (Wet DBA):
a. The employment or contracting relationship is established directly between the Client and the candidate/interim professional. The Contractor is not a party to this agreement and shall not be liable for any dispute arising therefrom.
b. The Client is personally responsible for taking out the appropriate insurance policies (such as Liability, Disability) for the hired interim professional.
Article 14
Provisions for the Protection of Personnel and Partnerships
Non-solicitation of personnel:
a. During the term of the agreement and for a period of 12 months following its termination, the Client undertakes not to approach, hire, contract, enter into any agreement with, or invite to do so, either directly or through intermediaries, any staff members or self-employed professionals of the Contractor who were directly or indirectly involved in the performance of the agreement.
b. In the event of a breach, the Client shall owe the Contractor an immediately payable penalty of €25,000 per violation, without prejudice to the Contractor's right to claim full damages.Non-solicitation of partners and business relations:
a. During the term of the agreement and for 12 months following its termination, the Client shall not approach or contract any business relations, clients, partnership arrangements, or collaborations of the Contractor for services similar to those provided by the Contractor, nor enter into any agreement with them, nor invite them to do so.
b. If the Client fails to comply with this obligation, it shall irrevocably owe a penalty in the amount of €75,000 per violation. This penalty is immediately payable and is in addition to the Contractor's right to compensation for the actual damages suffered.Applicability:
These provisions apply to all (legal) entities that are part of the same group as the Client, as well as to subsidiaries and affiliated companies of the Client.
Article 15
Force Majeure
Force majeure is understood to mean any circumstance beyond the Contractor's control (such as illness of key personnel, strikes, ICT disruptions, or pandemics) as a result of which performance cannot reasonably be required.
During force majeure, obligations are suspended. If the force majeure lasts longer than 90 days, both parties may terminate the agreement without any obligation to pay damages.
Article 16
Disclaimer
Limited liability: The Contractor strives to keep the content of its general terms and conditions and other documents up to date. Nevertheless, no liability can be accepted for the completeness, accuracy, or topicality of the information provided.
Services and prices: The services offered by the Contractor and prices stated in quotations may be subject to changes and typographical errors. The Contractor accepts no liability for the consequences of such errors. An agreement is not concluded on the basis of an obvious mistake.
Intellectual property: All intellectual property rights to materials produced by the Contractor (including these general terms and conditions) rest with the Contractor. It is not permitted to copy, distribute, or otherwise use these materials in any other way without the prior written consent of the Contractor, unless this arises from mandatory statutory provisions.
Amendments: The Contractor reserves the right to amend these general terms and conditions and other policy documents from time to time. The applicable version is the most recently filed version.
Article 17
Final Provisions
These terms and conditions have been filed with the Chamber of Commerce in Utrecht.
The most recently filed version or the version as it applied at the time the agreement was concluded shall always be applicable.
The Dutch text shall always be decisive for the interpretation of these terms and conditions.