Terms & conditions

1. Definitions

In these terms & conditions:

Synnan

Synnan, a brand of Nanny’s bv, with registered office at Zutendaalweg 34, 3740 Bilzen, Belgium, company/VAT number BE 0790575041.

Client

the natural or legal person entering into an agreement with Synnan.

Candidate

the person sought or proposed by Synnan for a business-support role.

Assignment

the search for, selection and introduction of a Candidate for the Client.

Successful placement

the conclusion of an employment or collaboration agreement between the Client and a Candidate introduced by Synnan.

Agreement

the services agreement between Synnan and the Client, of which these terms & conditions form an integral part.

2. Applicability

These terms & conditions apply to all quotations, assignments, agreements and services of Synnan. By signing the Agreement, the Client acknowledges having read and accepted these terms.

These terms prevail over any general conditions of the Client, which are expressly excluded. Deviations are valid only if agreed in writing and approved by Synnan.

3. Formation of the assignment

Synnan’s proposals and quotations are indicative and without obligation until the Agreement is signed. The Assignment comes into being upon signing the Agreement and payment of the start-up fee. The search begins from that moment.

4. Method and nature of the undertaking

Synnan carries out the Assignment in the following steps: an introductory meeting, defining the ideal profile, a careful and discreet search, the personal introduction of the Candidate, and the start with follow-up. Synnan undertakes a best-efforts obligation and gives no guarantee of a particular result or of an exact duration of the search.

5. The Client’s obligations

• The Client provides, in good time and accurately, all information needed to define the profile and carry out the search.
• The Client gives feedback on the proposed Candidates within a reasonable time and cooperates as needed throughout the process.
• As the (future) employer, the Client remains responsible for the final hiring decision and for complying with all social-security, tax and employment-law obligations.
• The Client provides accurate information about the role, the working conditions and the company.

6. Synnan’s obligations

Synnan carries out the Assignment carefully, professionally and discreetly. Synnan makes reasonable efforts to verify the information provided by the Candidate, but does not warrant the accuracy of information provided by the Candidate, nor the functioning or performance of the Candidate after they take up their position.

7. Fee, invoicing and payment

Start-up fee. A one-off start-up fee of € 1,500 (excl. VAT) is due at the start of the search.

Selection fee. Upon a Successful placement, a selection fee of € 10,000 (excl. VAT) is due, payable in four equal instalments of € 2,500: at the start and after 3, 6 and 9 months.

VAT and tax. All amounts are exclusive of VAT. The start-up fee and the selection fee are tax-deductible as a business expense.

Payment. Invoices are payable within 15 days of the invoice date. Any objection to an invoice must be made in writing and with reasons within 8 days of the invoice date.

Late payment. In the event of late payment, late-payment interest is due by operation of law and without notice of default, in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, increased by a fixed indemnity of 10%, with a minimum of € 125.

8. Successful placement

A Successful placement occurs as soon as a Candidate introduced by Synnan enters into an employment or collaboration agreement with the Client. The selection fee is due from the actual start of employment or collaboration, including where the hire takes place within 12 months of the Candidate’s introduction, or through an undertaking affiliated with the Client.

9. Replacement and guarantee

If, within the first 9 months of taking up the position, the Candidate ends the collaboration of their own accord, or the collaboration ends due to a mismatch not attributable to the Client, Synnan will carry out one new search without a new start-up fee. Any selection-fee instalments not yet due are suspended until the start of a new Successful placement.

This guarantee does not apply where the Client ends the collaboration without valid grounds, in the event of restructuring or abolition of the role, in the event of a failing on the Client’s part, or in circumstances beyond Synnan’s control.

10. Non-solicitation

The Client undertakes not to employ, or have employed, a Candidate introduced by Synnan — directly or through third parties or affiliated undertakings, outside of Synnan — for a period of 12 months after the introduction. This undertaking also applies where no agreement was concluded through Synnan. In the event of a breach, the full selection fee of € 10,000 (excl. VAT) is due in full and at once.

11. Confidentiality and discretion

The parties treat all commercially sensitive and personal information they receive in the context of the Agreement as strictly confidential and use it solely for carrying out the Assignment. This obligation continues after the Agreement ends.

12. Processing of personal data (GDPR)

Synnan processes personal data of Candidates and contacts as controller, solely for the purpose of carrying out the Assignment. The processing is explained further in our privacy policy. The Client uses the Candidate data received only for assessment in the context of the Assignment and not for other purposes. Both parties take appropriate technical and organisational measures to secure the data and do not keep it longer than necessary, in accordance with applicable law.

13. Liability

Synnan’s undertaking is a best-efforts obligation. Synnan’s liability is limited to cases of intent or gross negligence and is in any event limited to the amount of the fees paid by the Client for the relevant Assignment. Synnan is not liable for indirect or consequential damage, nor for the conduct, performance or departure of the Candidate after they take up their position, nor for incorrect information provided by the Candidate.

14. Force majeure

In the event of force majeure, the obligations of the affected party are suspended for the duration of the force majeure. Neither party is liable for a failure resulting from force majeure.

15. Duration and termination

The Agreement applies per Assignment. Either party may terminate the Agreement in the event of a serious failing by the other party that is not remedied within 14 days of written notice of default. Services already rendered and instalments already due remain payable; the start-up fee is not refunded.

16. Invalidity and severability

The invalidity or unenforceability of any provision does not affect the validity of the remaining provisions. The parties will replace an invalid provision with a valid one that approximates the original intent as closely as possible.

17. Amendment of the terms

Synnan may amend these terms & conditions from time to time. Each Agreement is governed by the terms in force at the time of its signing.

18. Governing law and jurisdiction

These terms & conditions and all Agreements are governed by Belgian law. Disputes fall under the exclusive jurisdiction of the courts of the judicial district of Limburg. For clients established in the southern Netherlands, a different arrangement may be agreed by mutual consent.