Terms and conditions

  1. The activity of Austin Bright consists of providing, at the express request of clients or on its own initiative, candidates specialised in various sectors that Austin Bright will have selected with a view to being taken on under contract of employment or a cooperation agreement concluded by and between the parties (in the latter eventuality involving self-employed people).
  2. Personal details provided to Austin Bright may not contain the following elements: information on illnesses, on pregnancy, any information on ethnic origin, political opinion, religious or philosophical beliefs, union membership, health or sexual orientation, defamatory or libelous information, and information without a reasonable connection with the job profile.
  3. All information sent to Austin Bright must be accurate and must not infringe on the applicable legislation or regulations or violate law and order. The sender is liable for the sent information and undertake to compensate Austin Bright for any and all complaints lodged against the latter arising out of non-compliance with this obligation.
  4. If a client wants Austin Bright to conduct a search for candidates on the basis of precise criteria, said criteria must be notified to Austin Bright as promptly as possible, and we shall define the scope of guarantee offered by Austin Bright to its clients (see clause 16).
  5. The mission of Austin Bright consists of and is limited to searching for and verifying the skills, qualifications and general attitude of candidates for situations vacant who are then presented to the client. Austin Bright shall in no way be party to the contract of employment or cooperation agreement subsequently signed and shall not bind the candidate in this regard.
  6. A presentation becomes effective when a candidate is hired on a temporary or permanent basis, or upon signing a cooperation agreement. If, after a candidate has accepted an offer of employment from the client or a cooperation agreement, the client retracts the offer before the candidate takes up his or her duties, the client shall pay the management fees of Austin Bright.
  7. All presentations shall be strictly confidential. If this clause is not complied with by the client, leading to the hiring of a candidate by a third party, the client shall pay all the fees to which Austin Bright would have been entitled if the client had hired the candidate. The term "third party” shall include in particular but not exclusively, any related company affiliated with the client or with which the client maintains relations.
  8. The client shall inform Austin Bright at once when a candidate has been hired and shall provide Austin Bright with a copy of the offer of employment made to the candidate. If the client fails to inform Austin Bright about the recruitment within fourteen days as of the date that the candidate takes up his or her duties, Austin Bright will be entitled to have a compensation stipulate as set out in the present general terms and conditions or in specific terms and conditions agreed upon in writing with the client and which prevail on the general terms and conditions.
  9. The client shall send to Austin Bright all such order forms as necessary within fourteen days after a candidate has been hired. If the client fails to send said document within the stipulated time limit, Austin Bright shall be authorised to issue an invoice without an order form.
  10. If a candidate is hired by the client within twelve months following the presentation of this candidate by Austin Bright, the fees mentioned in clauses 12 and 13 below shall be payable to Austin Bright.
  11. The fees of Austin Bright are set out in the present general terms and conditions or in the specific terms and conditions agreed upon in writing with the client and which prevail. The client shall provide Austin Bright with a complete statement of all remuneration and benefits payable to the candidate.
  12. The fees of Austin Bright shall be payable as of the moment that a candidate is hired, including all such hiring as carried out under the terms and conditions referred to in clauses 7 and 8 of these general terms and conditions. A recruitment shall be deemed to have taken place whether it is subject to the successful completion of a trial period or not.
  13. The invoices of Austin Bright shall be payable in cash, on a net basis, without discount. If payment is not made, the invoiced amount shall accrue, as of right and without any prior notice, interest at an annual rate of 12%. Furthermore, an indemnity of 15% on the amounts payable, with a minimum of €125 shall be due, as of right, by way of contractual, flat-rate compensation, after relevant notice has been served by registered letter.
  14. Any and all invoices of Austin Bright shall be deemed to have been definitively accepted by the client if they are not contested within fifteen days of receipt thereof, by registered letter, setting out in detail the reasons for being contested.
  15. Austin Bright shall offer a guarantee of eight weeks to its clients as to the qualifications, the occupational capacity and the conduct of the candidate presented (see clause 5). Nevertheless, it shall be up to the client to verify the qualifications, skills, personality and experience of the candidate in order to ascertain whether they correspond with the information received from Austin Bright in connection with the presentation of the candidate. The client must also verify that the legal and medical requirements relating to the candidate have been duly satisfied, in particular those relating to a work permit having been obtained where required, as well as to any and all formalities relating to the legal obligations concerning the exercise of his or her activities.

    By way of guarantee and without prejudice to clause 16 below, if the employment of -or the cooperation with- the candidate is terminated within eight weeks after the commencement of the activity for valid and reasonable reasons relating to the qualifications, occupational capacity or conduct of the candidate presented, Austin Bright shall proceed to the reimbursement of the fee paid by the client to Austin Bright for the candidate in proportion to the number of weeks remaining for the candidate to work, within the period of eight weeks mentioned above (for example: redundancy in the third week of activity, leaving 5 weeks before the expiry of the 8 weeks: reimbursement of 5/8th of the fee).

  16. To be deemed admissible, any request related to the guarantee shall be sent by registered letter to the registered seat of Austin Bright within fourteen days following the dismissal of the candidate, along with the evidence of the date of dismissal of the candidate and a clear explanation of valid and reasonable reasons justifying the dismissal.  16. The guarantee of Austin Bright may not be invoked (i) if a recruitment is cancelled without any valid reason (including if the candidate was made redundant for economic reasons), (ii) if Austin Bright was not notified by an admissible claim within the meaning of clause 15 above, (iii) if the fees are not paid to Austin Bright within the time limit defined in clause 14 above, (iv) if the reason for the cancellation is not related to the qualifications, capacity or conduct of the candidate, (v) if the candidate was dismissed for a serious offence, (vi) or any and all reasons of non-suitability including redundancy owing to force majeure, (vii) in the event that the candidate commits forgery or use of forgeries by a candidate or by a third party in connection with the mission of Austin Bright.
  17. If one of the clauses of these general terms and conditions should become null and void, the validity of the remaining clauses of these general terms and conditions shall in no way be affected.
  18. Austin Bright shall under no circumstances be held liable for any error of evaluation (i) as to the references of the candidate, relating to his or her qualifications, skills, personality and experience, (ii) as to the compliance with the various legal and medical requirements relating to the performance, by the candidate, of his or her work, or (iii) any consequence whatsoever connected to the use of false information by the candidate.
  19. These general terms and conditions shall, unless expressly stipulated otherwise by and between the parties, constitute the sole document governing the rights and obligations of the parties. The client expressly acknowledges that any hiring of a candidate shall imply the acceptance, without any restriction, of the present general terms and conditions.  
  20. These general terms and conditions shall be binding for the client and any and all eligible parties.
  21. These general terms and conditions shall be governed by Belgian law.
  22. In the event that the validity or the performance of these general terms and conditions is contested, the Brussels courts and tribunals shall have exclusive competence, and the French version of these general terms and conditions shall be the only valid version.