Terms and Conditions

Click here to view the terms and conditions. These terms and conditions apply to all our quotes, agreements, and their performance, unless otherwise agreed with you in writing. Any terms and conditions you use will apply to the extent that they do not conflict with our terms and conditions. In the event of a conflict between the two sets of terms and conditions, our terms and conditions shall prevail.

Definitions

- Parties: you and HrmForce.com. - Customer: any (legal) person who has entered into or wishes to enter into an agreement with our company, as well as their representative(s) and assignee(s), hereinafter referred to as “you” or “your.” HrmForce.com is hereinafter referred to as “we,” “us,” or “our.” - Quote: any written offer prepared by us at your request. - Order Confirmation: the written document in which the agreement is set forth. - Agreement: the Order Confirmation. - Force Majeure: any circumstance beyond your or our control or that is unforeseeable, as a result of which performance of the agreement can no longer reasonably be expected of you or us.

1. Quotations

1.1 All our quotations, in whatever form, are non-binding and valid for one month, unless expressly stated otherwise. Any estimates, plans, or other documents accompanying a quotation remain our property. They may not be reproduced or made available to third parties for inspection without our consent. The submission of quotations and/or documentation does not obligate us to accept an order. 1.2 There is no charge for preparing a quotation. If it is foreseeable that preparing a quotation will take more than 4 hours, charges may be applied following prior consultation with you.

2. Agreement

2.1 A contract with us is concluded once we have accepted an order in writing. The date of signing is decisive in this regard. The Order Confirmation is deemed to accurately and completely reflect the agreement. Any additional agreements or changes made at a later date are binding only if they have been agreed upon in writing. 2.2 For transactions that, due to their nature and scope, do not require a quote or Order Confirmation, the invoice is deemed to accurately and completely reflect the agreement, unless a written objection is raised within 8 business days of the invoice date. 2.3 We enter into every agreement subject to the condition precedent that, in our judgment, you appear to have sufficient creditworthiness to fulfill the financial obligations of the agreement. We are entitled, upon or after entering into the agreement and before performing (further) obligations, to require security from you to ensure that both payment obligations and other obligations will be fulfilled. 2.4 You are obligated to provide us in a timely manner with all information and documents necessary for the proper performance of the agreement. 2.5 As a party directly involved, you have a duty to check our products and services for any omissions and to report these to us. 2.6 Invoicing takes place after the order is placed. Licenses are granted on an annual basis for an indefinite term and are automatically renewed with a 2-month notice period. Additional work will only be billed in consultation with and upon written approval from the client.

3. Prices

Unless otherwise stated, our prices are exclusive of VAT, stated in €, and do not include the costs of special shipments. Any price changes will be communicated to you two months in advance. Inflation adjustments will be made annually based on data from Statistics Netherlands (CBS). If billing is based on the number of employees, this will be calculated annually based on the actual number of employees as of January 1. Prices will therefore be adjusted automatically. Should legislation, case law, or a national, international, or regional tax authority adjust tax rates (with retroactive effect), any resulting additional tax assessment will be passed on to the customer.    

4. Cancellation

Services (including workshops, consulting, assessment, and development centers):	Canceling an Appointment	Rescheduling an appointment
10 to 6 business days in advance	50%	125%
5 to 2 business days in advance	75%	150%
one day before or on the day itself	100%	175%
Courses & Training:
20 to 11 business days in advance	50%	125%
10 to 6 business days in advance	100%	150%
5 business days in advance	100%	175%

  For all our instruments, once payment has been made and the questionnaires have been distributed, cancellation is no longer possible. In that case, 100% will be charged. Rescheduling before the questionnaires are distributed is free of charge; cancellation before the delivery date incurs a 25% fee. Cancellations must be made in writing, with the date of the email serving as the cancellation date.

5. Delivery and Shipping

The method of transport, shipping, and similar arrangements is determined by standard business and social practice, unless otherwise agreed upon with you. You assume the risk of transport, including any fault or negligence on the part of the carrier.

6. Force Majeure

6.1 If, in our opinion, the force majeure is of a temporary nature, we have the right to suspend performance of the agreement until the circumstance giving rise to the force majeure no longer exists. 6.2 If, in our opinion, the force majeure situation is of a permanent nature, the parties may reach an agreement regarding the termination of the agreement and the associated consequences. 6.3 We are entitled to demand payment for the services performed in connection with the execution of the relevant agreement prior to the occurrence of the circumstance causing the force majeure. 6.4 The party that believes it is (or will be) subject to force majeure must immediately notify the other party in writing.

7. Intellectual Property

7.1 All industrial and intellectual property rights pertaining to our products and services, including but not limited to patent rights, design and trademark rights, copyrights and related rights, database rights, and chip rights, remain our property. We may grant you rights to these under terms to be agreed upon in writing. 7.2 You warrant to us that the use of data provided by you or otherwise will not cause us to violate any legal regulations or the protected rights of third parties. Furthermore, you indemnify us against all direct and indirect consequences of any claims that third parties may assert against us due to a breach of this warranty.

8. Liability

8.1 We exclude all liability to the extent not mandatorily provided for by law. 8.2 Our liability shall never exceed the total amount of the order in question. 8.3 Subject to the generally applicable legal principles of public policy and good faith, we are not obligated to pay any compensation for damages of any kind, whether direct or indirect, including business interruption, to movable or immovable property, or to persons, whether the other party or third parties. 8.4 In any case, we are not liable for damages arising from or caused by the (incorrect) use of the delivered goods or by their unsuitability for the purpose for which you purchased them. 8.5 If, due to force majeure, we are required to deviate from the agreed-upon dates or times, we accept no liability for any resulting damages, such as travel expenses and lost work hours.

9. Complaints

9.1 We will address any complaints provided they are submitted to us in writing within 8 business days of delivery of the relevant service. This also applies to complaints regarding invoices. After this period has expired, you are deemed to have approved the delivered goods or the invoice, as applicable. 9.2 If we find the complaint to be valid, our sole obligation is to subsequently deliver the agreed-upon service. 9.3 If the complaint is found to be valid, this suspends your payment obligation until the complaint has been resolved.

10. Retention of Title and Payment

10.1 Delivered goods remain our property until you have paid for all our deliveries and services-performed pursuant to the agreement-or those still to be performed, including interest and costs. 10.2 In the event of a stay of payments, bankruptcy, suspension of payments, cessation of business operations, or transfer of your business, or in the event of death if you are a natural person, we are entitled to cancel the order in whole or in part without notice of default or judicial intervention and to reclaim the unpaid portion of the goods delivered. Cancellation and repossession do not affect our right to compensation for loss or damage. In such cases, any claim we have against you shall become immediately and fully due and payable.

• Unless otherwise agreed in writing, payment must be made within 14 days of the invoice date, by deposit or transfer to a bank or giro account designated by us.
• For payments made more than one month after the invoice date, statutory interest is also due, calculated from the date one month after the invoice date. Both judicial and extrajudicial collection costs incurred in connection with late payment are your responsibility. Extrajudicial costs are set at 15% of the invoice amount, with a minimum of €150.

 

11. Instruments

11.1 For licenses and orders of our online tools, the agreed-upon quantities must be used within the term of the license. After the end date of this license term, the tools will expire. Any unused quantities at that time will be forfeited. 11.2 HrmForce.com reserves the right to modify, remove, or add content, format, and structure of questionnaires or solutions during the term of the contract. 11.3 A fair use policy applies. The unlimited use and the associated license from HrmForce.com are based, among other things, on the size of the current workforce, the expected growth of the workforce, and the number of applicants per position. Based on the related assumptions regarding the volumes to be processed, HrmForce monitors the use of the application daily and reserves the right to suspend the application in the event of what we deem to be unauthorized use. 11.4 Upgrades and updates to online tools, questionnaires, solutions, or new languages will be added to HrmForce.com and made available upon consultation, subject to additional costs to be agreed upon.

12. Terms of Use

12.1 The products of HrmForce.com are designed solely to determine personal characteristics and/or competencies that are not of a medical or psychological nature and may only be used as one of many components in the evaluation of candidates for selection, development, and separation. HrmForce.com’s products are not intended or designed to provide a medical or psychological opinion or diagnosis. 12.2 HrmForce.com’s products may only be used as part of a proper and ethical HR process with a business purpose to assess a candidate or group of candidates against relevant job criteria in a manner that is equal and non-discriminatory for everyone. 12.3 HrmForce.com cannot guarantee the accuracy and completeness of (additional) statements based on HrmForce.com products in the context of an assessment. 12.4 HrmForce.com cannot guarantee that its products will always be used for the intended purpose, that their use will be uninterrupted or free from errors, or that errors or deficiencies can be corrected. 12.5 HrmForce.com is not liable for delays, errors, or loss of data resulting from data transmission over communication networks, including the Internet. 12.6 Users of HrmForce.com products shall at all times comply with (local) laws, regulations, and guidelines.

13. Disputes and Governing Law

13.1 All disputes arising from this agreement and/or agreements based thereon shall be settled by the competent court in our judicial district. 13.2 All our offers, agreements, and their performance are governed exclusively by Dutch law.