Terms & Conditions
General Terms and Conditions Applyfin
E-mail: info@applyfin.com Website: applyfin.com
Article 1 – Definitions
Applyfin, established in Utrecht, Chamber of Commerce (KvK) number 92570968.
Client: the party with whom Applyfin has entered into an agreement.
Parties: Applyfin and Client together.
Candidate: a person presented 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 presented by Applyfin has been hired and has officially entered into employment with the Client.
Article 2 – Applicability
These terms 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 only deviate from these terms if this has been agreed in writing.
Applyfin and the Client expressly exclude the applicability of the general terms and conditions of the Client or of any third party.
Article 3 – Offers and quotations
Offers and quotations from Applyfin are without obligation, unless expressly stated otherwise therein.
An offer or quotation is valid for a maximum of 2 weeks, unless a different term is stated in the offer or quotation.
If the Client does not accept an offer or quotation within the applicable term, 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 7 days of receiving the acceptance, in consultation with the Client.
Oral acceptance by the Client only binds Applyfin after the Client has confirmed this in writing or electronically.
Article 5 – Prices
Applyfin uses prices in euros, excluding VAT and excluding any other costs such as administrative costs, 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 both parties.
Article 6 – Payments and payment term
The Client must settle a payment in arrears within 14 days of delivery.
The payment terms used by Applyfin are strict (fatal) deadlines. 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 serve a notice of default.
Applyfin may make delivery conditional on immediate payment or demand 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 interest per month for commercial transactions from the day the Client is in default, whereby part of a month counts as a full month.
If 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.
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 part of the Client, Applyfin's claims against the Client are immediately due and payable.
If the Client refuses to cooperate with the performance of the agreement by Applyfin, 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 the right to set off a debt to Applyfin against a claim against Applyfin.
Article 10 – Insurance
The Client must adequately insure and keep insured the following items against, among other things, fire, explosion and 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 policy 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 explained in the cooperation agreement.
If the Client withdraws the assignment, Applyfin has, under specific conditions, the exclusive right to retain the advance payment, as explained in the cooperation agreement.
Article 12 – Duty to complain
The Client is obliged to report complaints about the work performed to Applyfin immediately in writing. The complaint must contain as detailed a description as possible of the shortcoming, so that Applyfin is able to respond adequately.
In no event can a complaint result in Applyfin being obliged to perform work other than that which was agreed.
Article 13 – Recruitment Services
A successful placement concerns a Candidate who has been hired and has officially entered into employment with the Client.
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 employment with the Client.
The exact fee is described in the cooperation agreement between Applyfin and the Client.
Applyfin does not use tiered rates or discount schemes, unless this is explicitly stated in the cooperation agreement.
Applyfin does not work with a guarantee period, unless this is explicitly stated in the cooperation agreement.
The conditions regarding the exclusivity of Candidates are stated in the cooperation agreement.
Candidates who come in via the channels that Applyfin sets up for the Client fall under Applyfin's services.
CVs and candidate data are regarded as the exclusive work product of the Client, and a retention period applies to these that corresponds to the term of the cooperation.
Candidates disqualified by the Client may, unless agreed otherwise, be presented by Applyfin to partners in Applyfin's network. If these Candidates are placed elsewhere, the Client receives a fee of [TO BE SPECIFIED — amount or percentage]. This provision may be recorded in writing or orally if the Client agrees to it.
Article 14 – Performance of the agreement
Applyfin performs the agreement to the best of its knowledge 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 written approval and payment of any advance by the Client, if applicable.
The Client must ensure that Applyfin can start performing the agreement on time.
Article 15 – Provision of information by the Client
The Client shall make all information, data and documents relevant to the correct performance of the agreement available to Applyfin in a timely manner, in the desired form and in the desired manner.
The Client guarantees the accuracy and completeness of the information, data and documents made available, including where these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
If and insofar as the Client so requests, Applyfin shall return the documents in question.
If the Client does not make available, or does not make available in a timely or proper manner, the information, data or documents reasonably required by Applyfin, and the performance of the agreement is thereby delayed, the resulting additional costs shall be charged to the Client.
Article 16 – Duration of a service agreement
The agreement between Applyfin and the Client for a service is entered into for a term of 3 months, unless the nature of the agreement dictates otherwise or something else has been agreed in writing.
After expiry of the term 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 – Termination of a fixed-term service
The Client cannot terminate a fixed-term service agreement earlier than after 3 months, unless agreed otherwise in the cooperation agreement.
After expiry of the minimum term of 3 months, the Client may terminate the agreement referred to in paragraph 1 with a written notice period of 1 month.
Article 18 – Intellectual property
Applyfin retains all intellectual property rights to all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models and mock-ups, unless agreed otherwise.
The Client may not show, make available or otherwise use the intellectual property rights referred to in paragraph 1 to third parties without Applyfin's prior written consent.
Article 19 – Confidentiality
The Client shall keep confidential all 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 could cause damage to Applyfin.
The Client shall take all necessary measures to ensure that it keeps 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 learned of it, or that later became public without this being the result of a breach of the Client's confidentiality obligation
that is disclosed by the Client on the basis of a statutory obligation
The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years thereafter.
Article 20 – Privacy statement
The terms of Applyfin's privacy arrangements are explicitly set out in the privacy statement.
Article 21 – Indemnification
The Client indemnifies Applyfin against all third-party claims relating to the products and/or services delivered by Applyfin. [SUBSTANTIVE CHANGE — direction reversed from the Dutch original; needs legal sign-off]
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 thereof within 1 week of identifying the shortcoming.
In doing so, the Client shall give as detailed a description as possible of the shortcoming, 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 ongoing work, the Client cannot demand that Applyfin perform work other than that which 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 on 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 compliance with the arrangements in that agreement.
Article 25 – Liability of Applyfin
Applyfin is only liable for damage suffered by the Client where that damage was 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 loss, lost profit or damage to third parties.
Where Applyfin is liable, this liability is limited to the amount paid out under a (professional) liability insurance policy taken out. If no insurance has been taken out or no amount is paid out, liability is limited to the (portion of the) invoice amount to which the liability relates.
All images, photos, colours, drawings and descriptions on the website or in a catalogue are indicative only 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.
Article 27 – Dissolution
The Client may dissolve the agreement where Applyfin is in attributable breach of its obligations, unless the breach does not justify dissolution due to its particular nature or minor significance.
If performance of the obligations by Applyfin is still possible, dissolution can only take place after Applyfin is in default.
Applyfin may dissolve the agreement with the Client where the Client does not fully or timely comply with its obligations under the agreement, or where Applyfin has become aware of circumstances giving it good grounds to assume that the Client will not comply with its obligations.
Article 28 – Force majeure
In addition to Article 6:75 of the Dutch Civil Code, a shortcoming on the part of Applyfin cannot be attributed to Applyfin by the Client in the event of force majeure.
Where a force majeure situation arises as a result of which Applyfin cannot fulfil 1 or more obligations towards 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 whole or in part in writing.
In a force majeure situation, Applyfin is not required to pay any compensation to the Client, even if Applyfin benefits from it.
Article 29 – Amendment of the agreement
Where it is necessary for the performance thereof 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 is stated what these amendments entail and to what extent they are of minor importance.
Applyfin will discuss far-reaching amendments with the Client in advance as much as possible.
Article 31 – Transfer of rights
The Client may not transfer any rights under an agreement with Applyfin to others without Applyfin's written consent.
This provision qualifies as a clause with effect under property law as referred to in Article 3:83, paragraph 2 of the Dutch Civil Code.
Article 32 – Consequences of nullity or voidability
Where 1 or more provisions of these general terms and conditions prove to be null and void or voidable, this does not affect the remaining provisions of these terms.
A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what Applyfin had in mind on that point when drawing up the terms.
Article 33 – Applicable law and competent court
Dutch law applies to these general terms and conditions.
The court in the district of Applyfin's place of business has exclusive jurisdiction to hear any disputes between the Client and Applyfin, unless the law provides otherwise.
Last updated on 11 July 2026