Terms & Conditions

1. Definitions

In these terms, the following definitions apply:

Work TalentPool

The party applying these terms, trading under the name Work TalentPool.

Website

The website worktalentpool.com and all associated subdomains.

Visitor

Anyone who accesses the website without applying for a job or placing an order.

Candidate

A natural person who applies via the website or makes themselves available for mediation.

Employer / Client

A legal entity or business that seeks talent through Work TalentPool or places an order.

Service

The services offered by Work TalentPool, including recruitment, selection, outsourcing, training and workforce management.

Vacancy

A job description published by or on behalf of an employer on the website.

Application

The submission of data by a candidate in response to a vacancy.

Placement

The acceptance of a candidate by an employer for a position or assignment.

Order

A written request from an employer to Work TalentPool for the provision of services.

Agreement

Any agreement between Work TalentPool and a counterparty, including these terms.

In writing

Communication by email, via the CRM system or other digitally traceable means.

Business day

A day from Monday to Friday, excluding generally recognised public holidays.

Confidential information

All non-public information exchanged in the context of the service provision.

2. Applicability

• These terms apply to all services, quotes, orders and agreements of Work TalentPool.
• The terms are provided before an agreement is concluded and can be downloaded and saved on the website.
• By placing an order or submitting an application, the counterparty accepts these terms.
• In case of conflict, the order of precedence is: the individual agreement, the quote, then these Terms and Conditions.
• Terms of the counterparty apply only when Work TalentPool expressly accepts them in writing, insofar as legally permitted.
• Upon amendment, the most recent version published on the website always applies, unless otherwise agreed.

3. Services of Work TalentPool

Work TalentPool offers the following services. The exact scope of each service is determined in a quote, order confirmation or separate agreement.

• Publishing vacancies
• Receiving and processing applications
• Recruiting and selecting candidates
• Pre-screening and interviews
• Presenting candidates to employers
• Recruitment support
• Onboarding and training
• Outsourcing
• Workforce management
• Administrative support
• Communication between candidates and clients

No service includes a guaranteed placement, guaranteed job, guaranteed income or guaranteed business result, unless expressly and legally correctly agreed.

4. Candidate registration and information

• Candidates must provide correct, current and complete information.
• Misleading information about experience, education or availability is not permitted.
• Candidates may only upload documents that are their own or for which they have permission.
• Changes to contact details and availability must be communicated promptly.
• An application does not entitle the candidate to an interview, placement or employment contract.
• Upon request, candidates may be required to provide additional information, insofar as necessary and lawful.
• Confidential information from an application process may not be shared without permission.

An application is not an offer or guarantee of employment.

5. Selection and placement

• Work TalentPool assesses candidates against pre-established role criteria.
• The employer makes the final selection decision. Work TalentPool advises and facilitates but does not decide on behalf of the employer.
• Presenting a candidate to an employer does not constitute a placement or agreement.
• Which party enters into the employment or service contract is determined per process in a separate agreement between the candidate, Work TalentPool and/or the client.
• Background or identity checks are only carried out lawfully and proportionately.
• Candidates are not discriminated against on prohibited grounds.
• Work TalentPool may terminate an application process if data is demonstrably incorrect or a candidate does not meet essential requirements.

6. Contract status of candidates

• Candidates may be employed by Work TalentPool, employed by the client, or work as independents or contractors. The chosen structure is determined per candidate and process in a separate agreement.
• Who handles salary, taxes, social contributions and holiday rights depends on the chosen structure and is set out in the relevant agreement.
• The local employment legislation of the country where the candidate works (Netherlands, Suriname, Greece or otherwise) applies to the employment relationship.
• Work TalentPool may act as a temporary agency, payroll partner or intermediary, depending on the agreement with the client.

These Terms and Conditions do not replace individual employment, contractor or commercial agreements. The specific employment relationship is set out in a separate agreement.

7. Active vacancy: Lead Generator / Sales Agent

The specific salary and work arrangements for this role do not constitute general terms for all positions. Role-specific arrangements belong in the vacancy text, a written offer, the employment or contractor agreement, and a target and measurement protocol.

The currently stated hourly rate structure is:

These amounts are established for the Lead Generator / Sales Agent role. The measurement period, the definition of "sales" and the paying party are confirmed in writing during onboarding in the employment or contractor agreement. The performance-based hourly rate is based on an agreed target and measurement protocol.

8. Conditions for employers

• Employers provide correct and complete vacancy information.
• Role requirements, duties, location, working hours and remuneration are described transparently.
• Discriminatory or unlawful selection criteria are not permitted.
• Candidates are treated respectfully and professionally.
• Employers handle candidate and application data confidentially and use it only for the agreed purpose.
• Work TalentPool is informed promptly about interviews, rejections, offers and placements.
• Candidates are not approached outside Work TalentPool when a valid relationship or takeover clause applies.
• Employers are responsible for terms of employment and working conditions when they are the contracting employer.
• All applicable employment, tax, immigration and safety regulations are complied with.

9. Orders and agreements

• An agreement is formed via request, quote and order confirmation.
• An agreement is binding upon written order confirmation by Work TalentPool.
• Only authorised representatives may place an order on behalf of a company.
• An order confirmation includes at minimum: service, quantity, start date, rate and duration.
• Oral agreements are confirmed in writing.
• Provisions in an individual agreement take precedence over these terms.

10. Rates, invoicing and payment

• All rates are exclusive of VAT and other levies, unless otherwise stated.
• A fee becomes due at the moment described in the quote or agreement.
• An invoice dispute does not give the right to withhold undisputed amounts.
• International payments and bank charges are regulated per agreement.

11. Recruitment fee and guarantee

A guarantee scheme applies only when Work TalentPool expressly offers one. When a guarantee applies, it is set out in the quote or agreement.

• When the recruitment fee is due.
• What applies when a candidate applies directly.
• How long an introduction remains valid.
• Whether a replacement candidate is offered and within what period a departure must be reported.
• Whether the scheme involves a best-efforts or result obligation.

12. Cancellation, postponement and amendment

• Cancellation by an employer before commencement: reasonable cancellation costs agreed in advance.
• Cancellation after recruitment work has started: compensation for work already performed.
• Withdrawal of a vacancy or rescheduling/cancelling interviews is communicated promptly.
• Postponement of a start date is requested in good time; consequences are determined by mutual agreement.
• Interim changes to role requirements may result in additional work.

13. Duration and termination

• An agreement may be for a fixed or indefinite term, as set out in the order confirmation.
• Termination is effected in writing with observance of the agreed notice period.
• Immediate termination is possible for urgent reasons.
• After termination, outstanding invoices and continuing obligations (such as confidentiality) remain in force.
• Ongoing candidate processes are concluded by mutual consultation.
• Automatic renewal or excessive termination restrictions are not included without legal review.

14. Obligations of Work TalentPool

• Work TalentPool carries out the agreed services with due care.
• Work TalentPool endeavours to find suitable candidates (best-efforts obligation).
• Received information is handled with reasonable care.
• Employers and candidates are informed promptly about relevant process steps.
• Company and candidate data are handled confidentially and carefully.
• Work TalentPool only exercises powers that have been contractually granted.

15. No guarantees

Work TalentPool does not guarantee, insofar as legally permitted:

• Finding a suitable candidate
• Obtaining a job
• A minimum number of applications
• A specific start date
• A particular performance level
• The continuation of a placement
• Achieving commercial targets
• Uninterrupted availability of the website
• Decisions of employers, banks or governments

This provision does not exclude statutory obligations or expressly given written guarantees.

16. Work tools and systems

• Work TalentPool may provide equipment, software and accounts. Ownership remains with Work TalentPool or the client.
• Accounts are personal and may not be shared.
• Access may be revoked upon termination.
• Company assets are returned upon termination.
• Monitoring may take place and is transparent, proportionate and lawful.
• Integration data and API keys are confidential.

17. Privacy and data protection

Personal data is processed in accordance with our privacy policy.

• Employers use candidate data only for permitted purposes.
• Parties determine who is controller or processor.
• Where necessary, a data processing agreement is concluded.
• A candidate may exercise privacy rights via the designated channel.

Privacy provisions do not replace a full privacy statement or data processing agreement.

18. Confidentiality

Parties keep the following information confidential:

• Candidate data
• Client information
• Rates
• Sales and training materials
• Scripts and manuals
• Technical systems
• Login credentials
• Business processes
• Non-public commercial information

Exceptions apply to information that was already public, was lawfully received from a third party, was independently developed, or must be disclosed by law or court order.

19. Intellectual property

• Manuals, training, texts, systems and brand materials remain the property of Work TalentPool.
• Use is limited to the purpose of the agreement.
• Materials may not be copied, sold or distributed without permission.
• Rights to materials provided by candidates or clients remain with them.
• A transfer or licence is recorded separately and validly.

20. Non-solicitation and direct hiring

A relationship, non-solicitation or takeover clause is only included when commercially necessary, reasonable in duration and scope, clearly agreed and not contrary to employment law, competition law or other mandatory rules. Such a clause applies for a maximum of 12 months after termination of the agreement.

No arbitrary penalty clauses are included.

21. Liability

Work TalentPool is liable for direct damage arising from an attributable failure, insofar as the law permits. Liability for indirect and consequential damage is excluded, insofar as legally permitted.

• Work TalentPool is not liable for the conduct or performance of placed candidates.
• Work TalentPool is not liable for decisions of employers or third parties.
• Work TalentPool is not liable for outages at external suppliers.
• Liability for intent and conscious recklessness is not limited.

Work TalentPool's liability per agreement is limited to the invoice amount of the relevant order, with a maximum of €25,000. This limitation does not apply to damage caused by intent or conscious recklessness.

22. Indemnification

The counterparty indemnifies Work TalentPool against damage arising from:

• Incorrect or incomplete information from a client.
• Unlawful vacancy requirements or selection criteria.
• Infringement of third-party rights.
• Unlawful use of candidate data.
• Non-compliance with employer obligations.

23. Force majeure

Force majeure means: circumstances beyond the control of Work TalentPool that temporarily or permanently prevent the fulfilment of obligations, including:

• Severe internet or power outages
• External system failures
• Natural disasters
• Government measures
• War, unrest or epidemics
• International payment restrictions
• Prolonged outage of CRM or communication services

In case of force majeure, obligations are temporarily suspended. In case of prolonged force majeure, the agreement may be terminated. Work already performed is invoiced.

24. Complaints and disputes

Failure to report a complaint immediately does not automatically forfeit legal rights. Parties encourage prior consultation or mediation, without unlawfully restricting access to a competent court.

25. Applicable law and jurisdiction

• Dutch law applies to these agreements, unless mandatory local rules of the counterparty's country prescribe otherwise.
• Competent court: the competent court in the district of Work TalentPool's registered office.

A choice of law does not automatically override mandatory statutory protection.

26. Website use

• The website is used lawfully. Misuse, hacking, scraping and malware are prohibited.
• False applications are not permitted.
• Work TalentPool strives for availability but does not guarantee uninterrupted access.
• Vacancy information may be changed or withdrawn. An obvious error is not automatically binding.
• Technical or security issues are reported via hello@worktalentpool.com.

27. Communication

• Communication may take place via email, phone, WhatsApp or CRM.
• Electronic messages are deemed received on the next business day after sending.
• Parties maintain current contact details.
• Marketing communication requires separate consent where necessary.
• Operational messages about an application or order are not marketing.

28. Amendment of terms

• Work TalentPool reserves the right to amend these terms.
• Changes are announced via the website or by email.
• Changes take effect from the effective date stated on the website.
• For existing agreements, the version applicable at the time of conclusion applies, unless material changes give the right to terminate.
• Changes do not affect accrued legal rights.

29. Final provisions

• If a provision is void, the remaining provisions remain fully in force.
• Failure to enforce a right immediately does not constitute a waiver.
• Rights and obligations may only be transferred with consent.
• Confidentiality, payment and intellectual property provisions survive termination.
• The Dutch version of these terms is leading. The English version is a translation for the convenience of international users.

30. Contact