General terms and conditions
GENERAL DELIVERY TERMS
H&G Personeel en Organisatie B.V. / H&G Talent Verhelderd
Chamber of Commerce registration number: 72054808
Article 1 - Applicability
These general conditions apply to all offers, contracts and services provided by and to H&G. H&G is entitled to change these conditions. Amendments to the conditions will also apply to existing agreements. H&G will inform the client in good time in advance of any changes to the conditions and will publish the changed conditions on its website. The amended conditions will take effect two weeks after publication, or so much later as stipulated in the publication.
Offers and agreements that deviate from the general conditions are only valid if they are confirmed in writing by H&G to the client.
Article 2 - Client
The client is understood to be any natural or legal person who places an order with H&G for the supply of services.
Article 3 - Assignment
An order is an actual agreement between H&G and the client based on a written order confirmation, a written collaboration agreement or an express oral request made by the client to H&G.
Article 4 - Order Confirmation
An order confirmation serves as a basis for collaboration and contains at least the following elements: name of client, name of contact person of the client, description of the assignment, statement of fees and any costs as well as any deviations from the General Terms of Delivery.
ASSESSMENT AND PSYCHOLOGICAL RESEARCH
Articles 5 to 7 apply in the case of an assignment given to H&G for an assessment or psychological test.
Article 5 - Preparation
Prior to the research, at least one H&G consultant conducts an intake, which includes an inventory of the specific competencies required in the target function in question. If necessary or desired, additional critical situations are defined. A customised research programme is compiled on the basis of this analysis. Unless otherwise agreed, this preparation time will be charged at an hourly rate.
Participants will be informed verbally and by e-mail prior to the research about and invited to the research, whereby their rights as participants will also be pointed out in the e-mail.
Article 6 - Execution
In principle, examinations take up one full day. In consultation with the participant, the survey will be conducted at H&G in Weert or (partly) online. If the test is taken at H&G's office, the participant will have his/her own workspace at his/her disposal. The participant will also receive personal guidance from an H&G test assistant.
Examinations are carried out under the responsibility of at least one recognised NIP psychologist. The latter acts in accordance with the Code of Conduct as defined by the Dutch Institute of Psychologists (NIP). This implies, among other things, that H&G will exercise all due care in order to optimally serve the interests of the client and the participants.
Article 7 - Reporting
In principle, the report will be completed and uploaded to the participant's personal portal within five working days of the research. Participant must release the report himself after which it is immediately available in the portal of authorized persons within the organization of client. In special cases, the 5-day period may be exceeded. If a shorter turnaround time is necessary or considered desirable, a verbal recommendation may be issued to the client(s), provided the participant gives permission for this. If participants exercise their right not to release the report to the client, this will not affect the fee.
Article 8 - Coaching and other services
If H&G is called upon for coaching or other services, after an inventory of the assignment a quotation will be made outlining the assignment and an indication of costs. H&G retains the right to call in third parties for the execution of the order.
Article 9 - Rates and costs
The various forms of assessment and psychological tests are subject to fixed rates that are determined annually. If the client has a framework contract with H&G, the rates will be adjusted pro rata to the annual price adjustments. In principle, the costs of investigations will not be quoted, but will be included in the order confirmation sent to the client for each investigation. For coaching activities and other advice, the client will receive a quotation in advance on the basis of which it will be invoiced.
H&G does not reimburse travel and accommodation expenses of participants.
Travel time/costs of H&G consultants will be charged on the basis of half hourly rate unless otherwise agreed.
Article 10 - Cancellation
Article 10.1 - Assessment and psychological testing:
No cancellation fee will be charged up to three working days prior to the examination date. If examinations are cancelled during the last three business days prior to the examination date, 50% of the examination fee will be charged.
Article 10.2 - Intakes and interviews before or after an assessment/psychological test:
Up to 24 hours before the scheduled appointment, no cancellation fee will be charged. In case of untimely cancellation, i.e. less than 24 hours in advance or in case of no-show, 50% of the hourly rate will be charged. This also applies if the appointment is a free intake, because the time reserved for it is a loss of income.
Article 10.3 - Travel time/costs:
Travel time/costs incurred will be claimed in full in all cases.
Article 11 - Payment conditions
All H&G invoices are subject to a 21-day payment term.
If the term of payment is exceeded H&G shall be entitled to charge one percent interest per month from the date of invoice.
All collection costs including judicial and extrajudicial costs shall be borne by the client.
Article 12 - Liability
Except for intent and gross negligence, H&G accepts no liability for damage suffered by the client, his employees and/or third parties as a result of acts or omissions of participants investigated by H&G.
Article 13 - Confidentiality
Confidential information provided by the client to H&G in the context of the order will be used by H&G only in the context of its services. H&G will observe secrecy with regard to this confidential information unless disclosure of this information is necessary for the provision of its services, H&G has a statutory or professional obligation to disclose, H&G has to defend itself before a (disciplinary) court, the client has released H&G from the obligation of secrecy, or the information has been obtained or is available from public sources.
Without H&G's consent, the client will not disclose H&G's approach, working methods, pricing, etc. - in the broadest sense - to third parties not involved in the order.
Article 14 - Data protection
H&G acts in accordance with the legally established rules in the AVG, the new European privacy legislation effective as of 25 May 2018 and the professional ethics codes of the NIP applicable to specific services. The privacy statement drawn up by H&G for this purpose is accessible via the H&G website or can be requested from H&G.
Client shall allow H&G to use test data and results for the validation and standardization of tests as well as for benchmarking purposes and statistical analyses.
Article 15 - Property rights
H&G is the owner of all products, materials and methods used in its services, as well as the intellectual property rights vested in these products, materials and methods. These include copyrights (e.g. on algorithms and/or software), database rights, design rights, trademark rights, patent rights, trade name rights, domain name rights, rights to know-how and/or any other form of protection that confers the right to inventions, models, designs, trade secrets, confidential information or technical information in any form.
These general terms and conditions are governed by Dutch law.