GENERAL TERMS AND CONDITIONS

Good agreements make good friends

These are the general terms and conditions (hereinafter: "General Terms and Conditions") of ORCHIS Interim Executives, with registered office at Olmenlaan 4, 3050 Oud-Heverlee, Belgium, and registered with the Crossroads Bank for Enterprises (CBE) under number BE1023.358.710. (Hereinafter: "ORCHIS Interim Executives"). IBAN BE04 6451 1024 0131 BIC JVBABE22.

Article 1 – Applicability: These general terms and conditions apply to all offers, assignments, and agreements concerning coaching, recruitment, and selection of personnel and candidates by ORCHIS INTERIM EXECUTIVES. These terms and conditions exclude all other general terms and conditions. A reference by the client to its own general terms and conditions is ineffective. An assignment is only considered final after written confirmation by both the client and ORCHIS INTERIM EXECUTIVES. Until that time, ORCHIS INTERIM EXECUTIVES reserves the right to refuse or modify the assignment.

Article 2 - Legislation and privacy: ORCHIS INTERIM EXECUTIVES acts in accordance with the legal regulations applicable to recruitment and selection agencies and the law on the protection of personal privacy.

Article 3 - Rates and payment terms: All quotes and offers from ORCHIS INTERIM EXECUTIVES are non-binding, but upon approval, the rate becomes binding. Invoices must be paid within 15 days of the invoice date to benefit from the agreed rate; the payment term is included in this rate. If the invoice is not paid within this period, the rate will increase to the market-based rate for Executive Search, which is a 27% fee on the candidate's estimated gross annual salary or annual billing via a management company. This fee will be charged via a simple reminder letter. If an invoice is not paid within the agreed period, ORCHIS INTERIM EXECUTIVES reserves the right to immediately suspend further services, without the client being entitled to any form of compensation.

Article 4 - Retained recruitment: With retained recruitment, the entire assignment is outsourced exclusively to ORCHIS INTERIM EXECUTIVES. The client agrees not to initiate any parallel recruitment campaigns during the entire duration of the assignment without written approval from ORCHIS INTERIM EXECUTIVES. The assignment is offered exclusively to ORCHIS INTERIM EXECUTIVES and cannot be simultaneously transferred to another recruitment agency. The client will not engage any other recruitment partners during the duration of the assignment and will process all applications (both internal and external candidates) through ORCHIS INTERIM EXECUTIVES. If the client does select or hire candidates directly, the full agency fee remains due.

Article 5 - Best efforts obligation and liability: ORCHIS INTERIM EXECUTIVES undertakes a best efforts obligation. For this reason, no guarantee can be given regarding the outcome of the assignment. Before entering into an agreement with a candidate, the client is obligated to independently assess the candidate's suitability and remains responsible for its own investigation. The client is obligated to provide ORCHIS INTERIM EXECUTIVES, at the start of the application, with all information that may reasonably be relevant to the mediation. The client is obligated to treat the candidate nominated by ORCHIS INTERIM EXECUTIVES and the information provided with this nomination correctly and with due care. This also means that the client is obligated to provide ORCHIS INTERIM EXECUTIVES with a report of this meeting or feedback within 10 days of an introductory meeting with the candidate. If, during the execution of the assignment, the subject of the services is changed at the request of the client (or if the candidate's profile is modified), the original price will be increased in accordance with the additional work requested. If the client requests additional services not described in the agreement, these will be the subject of an addendum, with separate invoicing. ORCHIS INTERIM EXECUTIVES is not liable for any damage or losses caused by candidates and is indemnified by the client against any claims from third parties. ORCHIS INTERIM EXECUTIVES can never be held liable for any indirect damage, consequential damage, loss of turnover, loss of profit, or damage resulting from decisions made by the client based on information provided by ORCHIS INTERIM EXECUTIVES. ORCHIS INTERIM EXECUTIVES is engaged for advice, coaching, and/or recruitment and selection, whereby the expertise and/or time spent searching for the candidate constitutes the largest part of the assignment. After entering into an agreement with the candidate, the client is responsible for the retention of the candidate.

Article 6 - Confidentiality and Non-Disclosure Agreement: Both parties are obligated to maintain confidentiality regarding all confidential information obtained in the context of the collaboration. ORCHIS INTERIM EXECUTIVES and the client acknowledge that sensitive business information may be shared during the collaboration. This information may not be distributed, copied, or used for purposes other than the agreed-upon assignment without the written consent of the other party. This also applies after termination of the collaboration. The confidentiality obligation remains in effect for a minimum period of three years after termination of the collaboration, unless otherwise agreed in writing.

Article 7 - Candidate Recommendation and Exclusivity: If the client rejects a proposed candidate or the candidate rejects an offer, and an employment contract is subsequently concluded between the client and the candidate within 18 months, the full agency fee remains due. The client is prohibited from sharing candidate information with third parties or recommending these candidates outside of ORCHIS INTERIM EXECUTIVES. If this occurs, the client is liable for compensation equal to 27% of the candidate's gross annual salary.

Article 8 - Penalties for non-payment: In the event of late payment, default interest of 10% per year is automatically due, without prior notice of default, as well as a fixed compensation of 15% of the amounts due, with a minimum of €250 per invoice. All complaints regarding invoices must reach ORCHIS INTERIM EXECUTIVES by registered letter with a reasoned reason within ten calendar days of the invoice date. After this period, any complaint will be inadmissible.

Article 9 – Early Termination of the Assignment: If the client prematurely terminates an ongoing assignment without demonstrable reason or beyond the control or fault of ORCHIS INTERIM EXECUTIVES, the full brokerage fee remains due. If ORCHIS INTERIM EXECUTIVES terminates the collaboration prematurely, a settlement will be drawn up based on services already provided. If the client cancels an assignment after the search has already begun, additional compensation may be claimed if ORCHIS INTERIM EXECUTIVES has incurred demonstrable costs or lost revenue.

Article 10 - Disputes and applicable law: The agreement between the client and ORCHIS INTERIM EXECUTIVES is governed exclusively by Belgian law. In the event of a dispute, the parties will first attempt to reach a resolution through mediation. Only if this proves impossible will the dispute be submitted to the courts of Leuven.

https://www.joinORCHIS.be/algemene-voorwaarden

ORCHIS Interim Executives is a boutique headhunting firm that focuses exclusively on temporary key roles in executive positions and senior management at the highest level.

ORCHIS excels thanks to a clear and innovative way of working: no commissions on daily rates , no hidden structures, but one fixed placement fee at the start of each collaboration.

Our exclusive approach provides clients with access to the highest quality leaders, executives retain their full daily rate, and ensures transparent and direct collaboration.