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General Terms and Conditions — Applyfin B.V.
Article 1 – Definitions
Applyfin: Applyfin B.V., established in Utrecht, Chamber of Commerce (KvK) number 92570968.
Client: the party with whom Applyfin has entered into an agreement.
Parties: Applyfin and the Client together.
Candidate: a person introduced by Applyfin to the Client with a view to a possible employment contract or other form of engagement.
Successful placement: the situation in which a Candidate introduced by Applyfin has been hired and has officially entered the Client's employment.
Article 2 – Applicability
These terms and conditions apply to all quotations, offers, work, orders, agreements, and deliveries of services or products by or on behalf of Applyfin.
Applyfin and the Client may deviate from these terms only where this has been agreed in writing.
Applyfin and the Client expressly exclude the applicability of the Client's general terms and conditions and those of any third party.
Article 3 – Offers and quotations
Applyfin's offers and quotations are without obligation, unless expressly stated otherwise.
An offer or quotation is valid for a maximum of two weeks, unless a different period is stated in the offer or quotation.
If the Client does not accept an offer or quotation within the applicable period, the offer or quotation lapses.
Offers and quotations do not apply to repeat orders, unless Applyfin and the Client agree otherwise in writing.
Article 4 – Acceptance
Upon acceptance of a non-binding quotation or offer, Applyfin may still amend the quotation or offer within seven days of receiving the acceptance, in consultation with the Client.
Oral acceptance by the Client binds Applyfin only after the Client has confirmed it in writing or electronically.
Article 5 – Prices
Applyfin quotes prices in euros, excluding VAT and excluding any other costs such as administrative charges, levies, and travel, shipping, or transport costs, unless agreed otherwise in writing.
Applyfin may change the prices of its services and products on its website and in other communications at any time.
The precise payment terms are always specified in the cooperation agreement between the Parties.
Article 6 – Payments and payment term
The Client must pay invoices payable in arrears within 14 days of delivery.
The payment terms used by Applyfin are strict deadlines (fatale termijnen). This means that if the Client has not paid the agreed amount by the last day of the payment term at the latest, the Client is automatically in default, without Applyfin having to send a reminder or notice of default.
Applyfin may make delivery conditional on immediate payment, or require security for the total amount of the services or products.
Article 7 – Consequences of late payment
If the Client does not pay within the agreed term, Applyfin may charge the statutory commercial interest (wettelijke handelsrente) per month from the day the Client is in default, whereby part of a month counts as a full month.
Where the Client is in default, the Client must also pay extrajudicial collection costs and any damages to Applyfin.
The collection costs are calculated in accordance with the Dutch Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten).
If the Client does not pay on time, Applyfin may suspend its obligations until the Client has paid.
In the event of liquidation, bankruptcy, attachment, or suspension of payment on the Client's side, Applyfin's claims against the Client become immediately due and payable.
If the Client refuses to cooperate with Applyfin's performance of the agreement, the Client must still pay the agreed price.
Article 8 – Right of suspension
The Client hereby waives the right to suspend the performance of any obligation arising from this agreement.
Article 9 – Set-off
The Client waives its right to set off any debt to Applyfin against a claim it has on Applyfin.
Article 10 – Insurance
The Client must adequately insure, and keep insured, against (among other things) fire, explosion, water damage, and theft:
delivered goods that are necessary for the performance of the underlying agreement;
goods belonging to Applyfin that are present at the Client's premises;
goods delivered under retention of title.
At Applyfin's first request, the Client shall make the policies of these insurances available for inspection.
Article 11 – Withdrawal of the assignment
The Client is free to terminate the assignment given to Applyfin under specific conditions, as set out in the cooperation agreement.
Where the Client withdraws the assignment, Applyfin has, under specific conditions, the exclusive right to retain the advance payment, as set out in the cooperation agreement.
Article 12 – Duty to complain
The Client is obliged to report complaints about the work performed to Applyfin in writing without delay. The complaint must contain as detailed a description of the shortcoming as possible, so that Applyfin is able to respond adequately.
A complaint can in no event oblige Applyfin to perform work other than what was agreed.
Article 13 – Recruitment services
A successful placement concerns a Candidate who has been hired and has officially entered the Client's employment.
A successful placement relates exclusively to Candidates who enter into an employment relationship with the Client.
Applyfin does not work with a guaranteed minimum number of Candidates, unless explicitly stated in the cooperation agreement.
The fee for a successful placement is based on the gross annual salary of the placed Candidate and is invoiced from the moment the Candidate enters the Client's employment.
The exact fee is described in the cooperation agreement between Applyfin and the Client.
Applyfin does not use volume tiers or discount schemes, unless explicitly stated in the cooperation agreement.
Applyfin does not work with a guarantee period, unless explicitly stated in the cooperation agreement.
The conditions regarding the exclusivity of Candidates are set out in the cooperation agreement.
Candidates who come in through the channels Applyfin sets up for the Client fall under Applyfin's services.
CVs and candidate data are considered the exclusive work product of the Client, subject to a retention period corresponding to the term of the cooperation.
Candidates disqualified by the Client may, unless agreed otherwise, be introduced by Applyfin to partners within Applyfin's network. If such Candidates are placed elsewhere, the Client receives a fee. This provision may be recorded in writing or orally, provided the Client agrees to it.
Article 14 – Performance of the agreement
Applyfin performs the agreement to the best of its insight and ability, and in accordance with the standards of good workmanship.
Applyfin may have the agreed services performed in whole or in part by others.
Performance of the agreement takes place in consultation, and after the Client's written agreement and payment of any advance, where applicable.
The Client must ensure that Applyfin can start performing the agreement on time.
Article 15 – Provision of information by the Client
The Client makes all information, data, and documents relevant to the proper performance of the agreement available to Applyfin in good time, and in the desired form and manner.
The Client guarantees the accuracy and completeness of the information, data, and documents provided, even where these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
If and to the extent that the Client so requests, Applyfin returns the relevant documents.
If the Client does not make available — or does not make available in good time or properly — the information, data, or documents reasonably required by Applyfin, and the performance of the agreement is delayed as a result, the resulting additional costs are charged to the Client.
Article 16 – Term of the service agreement
The agreement between Applyfin and the Client for a service is entered into for a term of three months, unless the nature of the agreement dictates otherwise or unless agreed otherwise in writing.
After the period referred to in paragraph 1, the agreement is tacitly converted into an agreement for an indefinite period, unless agreed otherwise with the Client.
Article 17 – Terminating a fixed-term service
The Client may not terminate a fixed-term service agreement earlier than after three months, unless agreed otherwise in the cooperation agreement.
After the minimum term of three months, the Client may terminate the agreement referred to in paragraph 1 by giving one month's written notice.
Article 18 – Intellectual property
Applyfin retains all intellectual property rights to all designs, drawings, written materials, data carriers and other information, quotations, images, sketches, models, and mock-ups, unless agreed otherwise.
The Client may not, without Applyfin's prior written consent, show, make available, or otherwise use to or for others the intellectual property rights referred to in paragraph 1.
Article 19 – Confidentiality
The Client keeps confidential any information, in whatever form, that it receives from Applyfin.
The same applies to all other information concerning Applyfin of which the Client knows, or can reasonably suspect, that it is secret or confidential, or of which the Client can expect that disclosure may cause Applyfin harm.
The Client takes all necessary measures to keep the information referred to in paragraphs 1 and 2 confidential.
The confidentiality obligation described in this article does not apply to information:
that was already public before the Client became aware of it, or that later became public without this being the result of a breach of the Client's confidentiality obligation; or
that the Client discloses pursuant to a statutory obligation.
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of three years thereafter.
Article 20 – Privacy statement
The terms of Applyfin's privacy arrangements are expressly set out in the privacy statement.
Article 21 – Indemnification
Applyfin indemnifies the Client against all third-party claims relating to the products and/or services delivered by Applyfin.
Article 22 – Complaints
The Client must examine a product delivered or service provided by Applyfin for any shortcomings as soon as possible.
If a delivered product or provided service does not meet what the Client could reasonably expect, the Client must notify Applyfin within one week of identifying the shortcoming.
The Client provides as detailed a description of the shortcoming as possible, so that Applyfin can respond appropriately.
The Client must demonstrate that the complaint relates to an agreement between the Client and Applyfin.
Where a complaint concerns work in progress, the Client cannot demand that Applyfin perform work other than what was agreed.
Article 23 – Notice of default
The Client must give any notice of default to Applyfin in writing or in person.
The Client is responsible for ensuring that its notice of default actually reaches Applyfin in time.
Article 24 – Liability of the Client
Where Applyfin enters into an agreement with multiple Clients, each of them is jointly and severally liable for fulfilling the commitments in that agreement.
Article 25 – Liability of Applyfin
Applyfin is liable only for damage suffered by the Client where that damage is caused by intent or deliberate recklessness.
Where Applyfin is liable for damage, this applies only to direct damage related to the performance of an underlying agreement.
Applyfin is not liable for indirect damage, such as consequential damage, lost profits, or damage to third parties.
Where Applyfin is liable, this liability is limited to the amount paid out under any (professional) liability insurance taken out. If no insurance has been taken out, or if no amount is paid out, liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colours, drawings, and descriptions on the website or in a catalogue are merely indicative and cannot give rise to any compensation, dissolution, or suspension.
Article 26 – Limitation period
Any right of the Client to compensation from Applyfin lapses 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code (BW).
Article 27 – Dissolution
The Client may dissolve the agreement where Applyfin imputably fails to perform its obligations, unless the failure does not justify dissolution due to its special nature or minor significance.
If performance of the obligations by Applyfin is still possible, dissolution can take place only after Applyfin is in default.
Applyfin may dissolve the agreement with the Client where the Client does not fully or timely fulfil its obligations under the agreement, or where Applyfin has become aware of circumstances giving it good grounds to assume that the Client will not fulfil its obligations.
Article 28 – Force majeure
In addition to Article 6:75 BW, a failure by Applyfin cannot be attributed to Applyfin by the Client where there is force majeure.
Where a force majeure situation arises such that Applyfin cannot fulfil one or more obligations toward the Client, those obligations are suspended until Applyfin is able to fulfil them.
From the moment a force majeure situation has lasted at least 30 calendar days, both the Client and Applyfin may dissolve the agreement in writing, in whole or in part.
In a force majeure situation, Applyfin does not owe the Client any compensation, even where Applyfin benefits from the situation.
Article 29 – Amendment of the agreement
Where it is necessary for performance to amend a concluded agreement, Applyfin may adjust the agreement in consultation with the Client.
Article 30 – Amendment of the general terms and conditions
Applyfin may amend these general terms and conditions.
Applyfin may implement amendments of minor importance, provided it states what those amendments are and to what extent they are of minor importance.
As far as possible, Applyfin will discuss major amendments with the Client in advance.
Article 31 – Transfer of rights
The Client cannot transfer any rights under an agreement with Applyfin to others without Applyfin's written consent.
This provision has effect under property law as referred to in Article 3:83(2) BW.
Article 32 – Consequences of nullity or voidability
Where one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the remaining provisions of these terms.
A provision that is null or voidable is in that case replaced by a provision that comes closest to what Applyfin had in mind when drawing up the terms on that point.
Article 33 – Applicable law and competent court
Dutch law applies to these general terms and conditions.
The court in the district of Applyfin's registered office has exclusive jurisdiction to hear any disputes between the Client and Applyfin, unless the law provides otherwise.
Last updated: 11 July 2025