TERMS & CONDITIONS

Terms and conditions SocialFind

Email: info@socialfind.com

Website: www.socialfind.com

Definitions

• SocialFind B.V. : contractor established in Tilburg, registered with the Chamber of Commerce under no. 95334505
• Client: the natural or legal person with whom SocialFind B.V. has entered into an Agreement for the performance of the assignment
• Parties: SocialFind B.V. and the Client together
• Candidate: the person who is involved in the recruitment and selection activities of SocialFind B.V. on behalf of the Client
• Agreement: any arrangement between the Client and SocialFind B.V. for the performance of work by SocialFind B.V. on behalf of the Client, in accordance with the provisions of the order confirmation/service agreement
  

Applicability of the terms and conditions

1. These terms and conditions apply to: all offers, quotations, assignments, legal relationships and agreements, by whatever name, under which SocialFind B.V. undertakes/will undertake to perform Work for the Client, as well as to all Work arising therefrom for SocialFind B.V. under such agreements.
2. The Parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
3. The Parties expressly exclude the applicability of any additional and/or deviating general terms and conditions of the Client or of third parties.

Offers and quotations

1. Offers and quotations from SocialFind B.V. are without obligation, unless expressly stated otherwise therein.
2. An offer or quotation is valid for a maximum of 2 weeks, unless a different acceptance period is stated in the offer or quotation.
3. If the Client does not accept an offer or quotation within the applicable period, the offer or quotation lapses.
4. Offers and quotations do not apply to follow-up assignments, unless the Parties have expressly agreed to this in writing.
5. Upon acceptance of a non-binding quotation or offer, SocialFind B.V. reserves the right to withdraw the quotation or offer within 3 days of receipt of the acceptance, without the Client being able to derive any rights therefrom.

Prices and payment

1. All prices used by SocialFind B.V. are in euros, exclusive of VAT and exclusive of any other costs such as travel expenses, unless expressly agreed otherwise.
2. Unless the Parties have agreed otherwise in writing, payment must be made within 14 days of the invoice date to the bank account number stated on the invoice.
3. The Client is not permitted to suspend its payment obligation towards SocialFind B.V., nor to apply any deduction or set-off.
4. If the payment term of 14 days is exceeded, the Client is in default by operation of law and, without further notice, owes SocialFind B.V. the statutory (commercial) interest on the outstanding invoice(s). In that case the Client also owes compensation for the costs of obtaining payment out of court, amounting to at least 15% of the unpaid invoice(s), unless the actual costs are higher.
5. All judicial and extrajudicial (collection) costs incurred by SocialFind B.V. as a result of the Client's failure to fulfil its obligations under this article are entirely for the account of the Client.

Performance of the agreement

1. SocialFind B.V. will make every effort to perform its services with care, where applicable in accordance with the arrangements recorded in writing with the Client. All services of SocialFind B.V. are performed as a service agreement within the meaning of Section 7:400 of the Dutch Civil Code on the basis of a best-efforts obligation.
2. The agreement is performed in mutual consultation and after written approval and payment of any agreed advance by the Client.
3. SocialFind B.V. has the right to have the agreed services performed (in part) by third parties.
4. If the information required for the performance of the agreement has not been provided to SocialFind B.V. by the Client on time or in full, SocialFind B.V. has the right to suspend the performance of the agreement. The additional costs and/or additional hours resulting from the delay/suspension are for the account of the Client.
5. The Client guarantees the accuracy, completeness and reliability of the information, data and documents provided, even if these originate from third parties.
6. The periods for the performance of work by SocialFind B.V. are not strict deadlines. If SocialFind B.V. has not performed on time, it must be given written notice of default and a period of 14 days to fulfil its obligations. Only if SocialFind B.V. still fails to fulfil its obligations after the additional period of 14 days has expired can there be a failure in the performance of the agreement by SocialFind B.V.

Complaints

1. If SocialFind B.V. does not (fully) perform the agreement, or if the performance of SocialFind B.V. does not meet the Client's expectations, the Client must immediately submit a written complaint to SocialFind B.V.
2. Complaints as referred to in the first paragraph of this article do not, however, suspend the Client's payment obligation.
3. A claim by the Client against SocialFind B.V. lapses if it has not been submitted in writing, with reasons, to SocialFind B.V. within one month at the latest after the Client became aware (or could reasonably have been aware) of the facts on which the claim is based.
4. Complaints about any invoice from SocialFind B.V. must be submitted in writing to SocialFind B.V. within 10 days of the invoice date. The burden of proof that a complaint was submitted on time rests with the Client. After the period of 10 days has expired, complaints are no longer processed and the amount due under the invoice is irrevocably established.
5. If, outside the cases described in this article, SocialFind B.V. nevertheless gives attention to a complaint, this is done entirely without obligation and the Client cannot derive any rights therefrom.

Force majeure

1. If SocialFind B.V. cannot fulfil its obligations under the agreement, or cannot do so on time or properly, due to a cause not attributable to it, including but not limited to illness of employees, failures in the computer network and other stagnation in the normal course of business within its company, the obligations are suspended until the moment SocialFind B.V. is again able to fulfil them in the agreed manner.
2. If the situation referred to in this article occurs, the Client has the right to terminate the agreement (in whole or in part) in writing with immediate effect, without any right to compensation.

Term of the agreement, termination, suspension and dissolution

1. The Client cannot terminate the agreement early within the initial contract term stated in the order confirmation.
2. After the initial contract term has expired, the collaboration is automatically and tacitly extended for an indefinite period.
3. In the case of an agreement for an indefinite period, the Parties may terminate the agreement at any time, observing a notice period of one month.
4. SocialFind B.V. has the right to suspend performance of the agreement or to dissolve the agreement, without prejudice to its right to claim damages, if the Client's goods are seized, the Client is granted a suspension of payments or is declared bankrupt, or if the Client attributably fails to fulfil the agreement.
5. If any of the events mentioned in this article occurs, all claims of SocialFind B.V. against the Client, on whatever grounds, become immediately due and payable.

Liability and indemnification

1. SocialFind B.V. can only be liable for direct damage. SocialFind B.V. is never liable for indirect damage.
2. Direct damage is understood to mean exclusively: the costs incurred or still to be incurred to (have) the services or work under the agreement performed properly (after all).
3. Indirect damage is understood to mean all damage that does not fall under the definition of direct damage as referred to in this article. Indirect damage therefore includes, but is not limited to, loss of turnover, lost profit and missed savings.
4. SocialFind B.V. is not liable if the candidate turns out not to meet the Client's requirements or expectations.
5. SocialFind B.V. is not liable for shortcomings of third parties engaged by it and is entitled, without prior consultation with the Client, to accept on behalf of the Client any limitation of liability of the third party it has engaged.
6. If SocialFind B.V. is liable for direct damage, that liability is limited to a maximum of twice the invoice amount of the assignment, or at least twice the invoice amount for the part of the assignment to which the liability relates.
7. Any claim for damages against SocialFind B.V. lapses by the mere passage of 12 months after the moment the Client became aware or could reasonably have become aware of the existence of these rights and powers.
8. The limitations of liability included in these Terms and Conditions do not apply if damage was caused intentionally or is the result of wilful recklessness on the part of SocialFind B.V. or its director(s).
9. The Client indemnifies SocialFind B.V. against all third-party claims related to the products and/or services supplied by SocialFind B.V. under the agreement.

Intellectual property

1. The (intellectual) property of all files, client and market data and all other company-specific confidential data supplied by the Client remains with the Client.
2. The intellectual property rights of all content developed by SocialFind B.V. for online recruitment and sales campaigns, including but not limited to the content of social media campaigns, social media texts, photos, videos, visual material, animations, job advertisement texts, sales pitches and websites, rest exclusively with SocialFind B.V.

Prohibition on hiring employees

1. During the term of the agreement and for two years after its termination, the Client will not in any way employ employees of SocialFind B.V. or otherwise, directly or indirectly, have them work for it. This unless agreed otherwise in writing.
2. The Client is in default by operation of law through the mere breach of the provisions of this article and will in that case forfeit to SocialFind B.V. an immediately payable penalty of EUR 25,000 per breach, without prejudice to the right of SocialFind B.V. to claim damages from the Client.

Privacy and processing of personal data

1. Insofar as Personal Data is processed in the context of the performance of the services, this Personal Data will be processed in a proper and careful manner and in accordance with the General Data Protection Regulation.
2. SocialFind will take measures to protect the Personal Data against loss or any other form of unlawful processing, taking into account the state of the art and the nature of the processing.

Confidentiality

1. The Parties must treat as confidential the information of which they know or should understand that it is confidential in nature, unless a statutory obligation to disclose applies. Confidential information includes at least the information that is and/or will be provided in the context of the agreement, including but not limited to rates and (personal) data of candidates.
2. The Parties also impose the obligation of confidentiality on employees involved in the performance of the agreement and on third parties engaged by the Parties.

Penalty clause

1. If the Client breaches the article of these terms and conditions on confidentiality or on intellectual property, it forfeits for each breach to SocialFind B.V. an immediately payable penalty of EUR 10,000. In addition, the Client forfeits an amount of EUR 500 for each day that the breach continues.
2. No prior notice of default or legal proceedings are required for the forfeiture of this penalty. Nor does there need to be any form of damage.
3. The forfeiture of the penalty referred to in this article does not affect the right of SocialFind B.V. to claim full damages in addition to the penalty.

Final provisions

1. If one or more of the provisions of these terms and conditions are void or non-binding, the remaining provisions remain in full force.
2. Dutch law applies exclusively to every agreement between the Parties.
3. The Dutch court in the district where SocialFind B.V. is established has jurisdiction to hear any disputes between the Parties.

Version August 2026