1. Application of Terms

1.1. These terms and conditions apply to all recruitment tasks performed by Beyond Talents ApS (hereinafter referred to as "Beyond Talents") for their clients (hereinafter referred to as "the Client"), unless otherwise agreed in writing.

1.2. Recruitment tasks refer to tasks involving a Client who intends to hire one or more candidates presented by Beyond Talents, or any other tasks entrusted to or performed by Beyond Talents.

2. Service Information

2.1. Information regarding the specific features of Beyond Talents' recruitment services is available on our website. Additional information or responses to questions can be requested via email at [email protected], if desired by the Client.

3. Agreement on Recruitment Tasks

3.1. Recruitment tasks are confirmed through recruitment agreements ("Recruitment Agreement").

3.2. A binding agreement is only established once Beyond Talents has issued an offer and the Client has accepted the offer. The specification of the delivery and the delivery date only become effective once the Client has signed the final contract.

3.3. The Recruitment Agreement contains detailed information about the specific recruitment task. The terms set out in the Recruitment Agreement and these conditions apply to the execution of the task unless otherwise agreed.

3.4. The Recruitment Agreement must include: Client information, contact details for Beyond Talents, a description of the recruitment process, payment terms, guarantee, etc.

3.5. Any changes to the Recruitment Agreement must be agreed upon in writing between the parties to be valid.

3.6. The recruitment is exclusive unless otherwise agreed. This means that recruitment tasks are exclusively assigned to Beyond Talents to perform the task and must not be simultaneously assigned to other competing recruitment agencies.

4. Execution of the Recruitment Task

4.1. The facilitation is primarily based on personal contact and individual handling of the tasks. The candidates' professional and personal qualities, as well as their requirements and preferences, are carefully assessed.

4.2. The parties must continuously cooperate and consult with each other throughout the recruitment process.

4.3. If the Client wishes to involve their own candidates during the recruitment process, Beyond Talents must be informed; the candidates must then be referred to Beyond Talents and will be included in the recruitment process under the same conditions as other candidates.

4.4. The recruitment process is considered complete when the Client has signed an employment agreement with a candidate.

5. Confidentiality

5.1. Beyond Talents is committed to treating all information and documents received from the Client confidentially and only using them within the scope of the specific selection process.

5.2. The Client is committed to maintaining confidentiality concerning the personal and professional aspects of the candidates introduced to the Client. To protect the personal rights of the candidates, reference information will not be disclosed without prior agreement with Beyond Talents.

5.3. Information and documents received from Beyond Talents must be treated as confidential and must not be disclosed to third parties. These documents must be destroyed by the Client 12 months after receipt and removed from all data carriers.

6. Data Protection

6.1. To the extent that data or information provided by Beyond Talents to the Client contains personal information about candidates, Beyond Talents will act as the data controller for such personal information until this information is transferred to the Client.

6.2. In accordance with applicable data protection laws, Beyond Talents will be responsible for ensuring that the candidates have been provided with all necessary information regarding fair data processing and have followed the required procedures to legitimize the transfer of such personal information to the Client.

6.3. The parties acknowledge that the Client will also be the data controller for the personal information transferred to the Client from Beyond Talents under this agreement, and the Client will accordingly:

6.3.1. comply with all its legal obligations arising from the processing of such personal information under data protection laws,

6.3.2. process such personal information solely for the purpose of determining whether to offer the candidate a permanent position (unless the Client has legitimized its processing of such personal information for other purposes, either through the candidate's consent or by using an alternative method to legitimize such processing under data protection laws, and has provided the candidate with information regarding fair data processing in connection with these purposes).

6.3.3. Personal information and other sensitive information about the candidates received from Beyond Talents must not be disclosed to third parties and must be destroyed by the Client 12 months after receipt and removed from all data carriers.

6.4. Both parties must promptly and in good faith respond to all reasonable and relevant inquiries from the other party regarding the processing of personal information in accordance with this agreement.

6.5. If one party receives notifications or requests from an authority, candidate, or third party regarding the other party's processing of personal information under this agreement (including actual or alleged violations of data protection laws), such notifications must be forwarded to the other party without delay. Additionally, the parties shall offer reasonable cooperation and assistance to each other in this regard.

7. Pricing

7.1. The prices for the services may change depending on the time of order, as they are based on market conditions and may vary.

7.2. The agreed price must be paid, regardless of whether Beyond Talents has spent more or fewer hours than originally estimated to complete the recruitment task.

7.3. The price for executing the recruitment task is specified in the Recruitment Agreement as:

7.3.1. an agreed fixed fee based on the basic package requested by the Client, subject to any deviations from our standard prices agreed in advance,

7.3.2. an agreed fixed monthly fee.

7.4. The Client shall bear all direct external costs associated with the execution of the recruitment task, including but not limited to transportation, accommodation, and other necessary expenses for both candidates and Beyond Talents.

7.5. If the Client, within 12 months of the candidate's start date, chooses to hire additional candidates presented by Beyond Talents, Beyond Talents will invoice the Client the same agreed fee for each additional hired candidate.

7.6. All fees are exclusive of VAT.

8. Payment Terms

8.1. Payment is made through the issuance of an invoice to be paid by the Client.

8.2. Beyond Talents is entitled to issue a startup payment at the commencement of the recruitment task, unless otherwise agreed in the Recruitment Agreement.

8.2.1. The startup payment is generally set at 50% of the total fee unless otherwise agreed in the Recruitment Agreement.

8.3. If the fee is an agreed fixed monthly fee, invoicing will occur continuously with the issuance of monthly invoices.

8.4. Payment must be made no later than 14 days from the invoice date. In case of late payment, the Client will be charged interest in accordance with applicable laws.

8.5. If the Client has not paid after the due date and receives a written reminder, Beyond Talents is entitled to put the recruitment task on hold until payment is received.

8.6. If the Client has not paid 30 days after the issuance of a payment reminder, Beyond Talents, after giving written notice to the Client, is entitled to cancel the recruitment task entirely. In such a case, Beyond Talents is entitled to compensation in accordance with Danish law.

8.7. If the Client, within 12 months after the completion of the recruitment task, hires or recommends another employer (including the Client's subsidiaries) to hire one or more of the candidates presented by Beyond Talents, and one or more of these candidates are hired, the Client will be invoiced the same agreed fee for each of the subsequently hired candidates.

9. Claims

9.1. The Client must notify Beyond Talents in writing of any errors or defects in connection with Beyond Talents' execution of the recruitment task.

9.2. Notice of errors or defects discovered by the Client after the completion or expiration of the recruitment task must be received by Beyond Talents no later than 30 days after the recruitment task is completed, cf. section 4.3. Furthermore, Beyond Talents must be immediately informed of any other issues or claims that may arise in connection with questions related to the recruitment task.

9.3. All claims must contain clear information about the extent and nature of the errors and defects.

9.4. The Client's right to compensation or other remedies lapses if the claim is not received by Beyond Talents within the prescribed period, cf. section 9.2.

9.5. Regardless of the nature of the complaint or other defect, Beyond Talents is entitled to rectify the errors or defects within a reasonable time before the Client can demand compensation, damages, or terminate the recruitment process. What is considered reasonable time will be assessed based on the nature of the error or defect and Beyond Talents' ability to find new candidates for employment.

10. Right of Withdrawal

10.1. The Client has the right to withdraw from the agreement within 14 days after the service has commenced. Withdrawal must be communicated to Beyond Talents via email. Upon approved withdrawal, the payment for the service will be refunded.

11. Guarantee

11.1. The availability of a replacement guarantee depends on the specific basic package chosen by the Client unless otherwise agreed.

11.2. This guarantee is conditional upon the fee being paid in accordance with the payment terms and the candidate not being employed or re-employed in any position by a parent company, subsidiary, or associated company, entity, individual, or principal, agent, or subcontractor of the Client within six months after the termination of the engagement. In such a case, any refund received from Beyond Talents must be immediately repaid.

11.3. If the guarantee is applicable, the Client must inform Beyond Talents in writing within two weeks of the candidate's resignation. Furthermore, the process of finding a replacement must be initiated by the Client within one month of the candidate's resignation. If the Client does not comply with these deadlines, the guarantee will lapse.

11.4. The guarantee does not cover events that Beyond Talents could not have foreseen, including but not limited to critical illness and organizational changes directly affecting the candidate, such as changes in immediate management or significant changes in workload.

12. Limitation of Liability

12.1. Beyond Talents' liability is limited as follows:

12.1.1. Beyond Talents' liability is limited to an amount equal to the total fee for the recruitment task.

12.1.2. Beyond Talents cannot be held liable for consequential damages, other indirect losses, or loss of data.

12.1.3. Beyond Talents cannot under any circumstances be held liable for losses arising from incorrect information provided by the Client, errors and defects on the part of the Client, or the Client's failure to contribute to the completion of the recruitment task.

12.1.4. Beyond Talents cannot be held liable for the actions of the candidate, either during the recruitment task or subsequently during employment with the Client, except as stated in section 11.

12.1.5. Beyond Talents disclaims any responsibility for the content on external websites linked to from our platform. Information from these websites is not part of the agreement between Beyond Talents and the Client.

13. Force Majeure

13.1. Both parties may postpone a recruitment task in the event of incidents that could not reasonably have been foreseen and that would temporarily make the recruitment task more difficult or unreasonably increase the costs of performing the task. This includes natural disasters, epidemics, labor disputes, or other similar unforeseen circumstances. The provision on labor disputes also applies if the party itself is affected or involved in the dispute.

13.2. In the event of force majeure, the affected party must inform their partner of the situation. If it is not possible to resume the recruitment task within three months, the task shall cease unless otherwise agreed between the parties. If the recruitment task is terminated due to the mentioned circumstances, Beyond Talents is entitled to compensation for the work performed and for expenses incurred up to that point, cf. section 7.5.

13.3. The Client is entitled to terminate the recruitment task if Beyond Talents has been unable to perform the recruitment work after repeated attempts to rectify errors and defects, or if Beyond Talents has become insolvent and cannot immediately guarantee the fulfillment of its obligations.

13.4. The Client is entitled to terminate the recruitment task if Beyond Talents transfers the task to another party without the Client's consent, who is not part of the Beyond Talents group.

13.5. In all cases where the Client is entitled to terminate the recruitment task, including the reasons mentioned in sections 13.3 and 13.4, Beyond Talents is entitled to invoice the Client for all documented expenses beyond the agreed fee. Already invoiced payments, such as startup fees, are non-refundable.

13.6. Beyond Talents is entitled to terminate the recruitment task if the Client has grossly mishandled the task, if the purpose of or the execution of the task has been compromised, if the Client provides incorrect or misleading information, or if the Client becomes insolvent and cannot immediately guarantee the fulfillment of its obligations.

13.7. Beyond Talents is entitled to terminate the recruitment task if the Client transfers the task to another party without Beyond Talents' consent or if there is a change in the controlling influence of the Client (e.g., change in ownership or control).

13.8. Beyond Talents is entitled to terminate the recruitment task if the hired personnel or candidates are subjected to discrimination based on ethnic origin, gender, age, sexual orientation, disability, etc., or if the Client requires the hired personnel to participate in such discrimination.

13.9. In all cases where Beyond Talents is entitled to terminate the recruitment task, including the reasons mentioned in sections 13.5 –13.7, Beyond Talents is entitled to invoice the Client for all documented expenses beyond the agreed fee.

14. Disputes

14.1. All legal relations between the Client and Beyond Talents concerning these terms and conditions and agreements between the parties relating to recruitment agreements are governed by Danish law and must be brought before the ordinary courts in the event of disputes.

15. Reservation for Changes

15.1. Beyond Talents reserves the right to change and update the rules and conditions applicable to our services. It is recommended that the Client regularly keeps updated on any changes on this page.

Contact Information:

Beyond Talents

Matrikel1 Højbro Plads 10

1200 Copenhagen K

Denmark

CVR-nr: 44911124

Phone: +45 61 60 94 51

Version Aug 19, 2024

BEYOND TALENTS APS