Article 1. Definitions
1.1. In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise or unless the context indicates otherwise:
a. TRI: Tech Rise International FZCO, registered with the Registration Number DSO-FZCO-47177, whose business activities consist of proactively and/or in the context of a vacancy recruiting, selecting and proposing persons and mediating in the conclusion of Employment Contracts, hereinafter referred to as “TRI”;
b. Client: Client with the Company Registration Number: Company Registration Number, the legal entity or natural person acting in the course of their profession or business that has granted TRI the recruitment and selection assignment to perform the aforementioned work and/or to which TRI introduces one or more Candidates;
c. Candidate: A natural person recruited, selected, and presented to the Client by TRI;
d. Employment Agreement: The employment agreement, management agreement, secondment agreement, assignment agreement or any other agreement based on which the Candidate performs work for the Client;
e. Terms and Conditions: The terms and conditions of TRI as outlined in this document;
f. Annual Salary: The Candidate’s gross annual income plus benefits, allowances, commissions (including On-Target Earnings (OTE)), and bonuses.
Article 2. Scope of Application
2.1. These Terms and Conditions shall apply to all offers, quotations, agreements, and services provided by TRI to the Client.
2.2. The application of these Terms and Conditions extends to all work performed by TRI on behalf of the Client, whether pursuant to a specific agreement or otherwise.
2.3. Any deviation from these Terms and Conditions shall only be valid if expressly agreed upon in writing by both parties.
2.4. The application of any general terms and conditions of the Client is hereby expressly excluded, unless otherwise agreed in writing by TRI.
2.5. In the event of any conflict between these Terms and Conditions and any specific agreement between TRI and the Client, the provisions of the specific agreement shall prevail to the extent of the inconsistency.
Article 3. Exclusivity
3.1. For a period of two (2) months from the commencement of each recruitment and selection assignment for a permanent or temporary position, the Client agrees to engage TRI exclusively for such services. This exclusivity does not apply to any Candidate sourced directly by the Client or those who approach the Client independently. After the expiration of this two-month period, the Client may engage other recruitment services without restriction.
3.2. The parties acknowledge and agree that this agreement does not confer any exclusivity rights upon TRI with respect to recruitment and selection assignments. The Client retains the right to engage other recruitment services or conduct its own recruitment activities concurrently with TRI’s services throughout the duration of this agreement.
Article 4. Confidentiality and Non-Disclosure
4.1. The Client shall not, without prior written consent from TRI, disclose any information pertaining to the Candidate to any third party. For the purposes of this Article, “third party” includes any entity affiliated with or related to the Client.
4.2. In the event of a breach of Article 4.1 by the Client, TRI reserves the right to charge the Client the full agreed-upon fee as if an Employment Agreement had been established, as defined in Clause 1.1d of this Agreement.
Article 5. Introduction of Candidates
5.1. A Candidate shall be deemed introduced to the Client once TRI has provided the Client with the Candidate’s curriculum vitae and/or professional profile in writing.
5.2. The introduction of a Candidate shall remain valid for a period of twelve (12) months from the last documented communication or interaction between TRI and the Client regarding the Candidate, including but not limited to emails, phone calls, or meetings where the Candidate was discussed.
5.3. A recruitment and selection assignment shall be considered successfully fulfilled if the Candidate enters into an Employment Agreement with the Client within the twelve (12) month period specified in Article 5.2.
Article 6. Non-Solicitation
6.1. The Client shall not, directly or indirectly, solicit, hire, or otherwise engage in any financial relationship with any employee of TRI during the term of this Agreement and for a period of one (1) year following its termination.
6.2. TRI shall not, directly or indirectly, solicit or attempt to solicit any employee of the Client during the term of this Agreement and for a period of one (1) year following its termination.
6.3. In the event of a breach of Article 6.1 by the Client, the Client will be liable to pay TRI a sum of €15,000 (fifteen thousand Euros). This sum is immediately due and payable, without the need for formal notice or legal action.
Article 7. Disclosure of Employment Agreement
7.1. The Client shall provide TRI with a copy of the executed Employment Agreement within four (4) weeks of its signing date.
7.2. In the event that the Client fails to disclose the Annual Salary of the Candidate as stipulated in Article 7.1, the Client shall be liable to pay TRI compensation equivalent to thirty percent (30%) of the reasonably estimated Annual Salary of the Candidate.
7.3. For the purposes of this Agreement, “Annual Salary” shall have the meaning ascribed to it in Article 1.1f of the Definitions section.
7.4. The Client’s failure to comply with the disclosure requirements set forth in this Article shall not affect TRI’s right to receive its fee as outlined in Article 8 of this Agreement.
Article 8. Compensation
8.1. When a Candidate introduced by TRI is hired by the Client, TRI is owed a fee. This fee will be calculated as a percentage of X% of the Candidate’s Annual Salary, as defined in Article 1.1f.
8.2. At the start of every assignment, TRI will charge a retainer fee of €2,500, which will be deducted from the overall fee.
8.3. If the Employment Agreement has a term shorter than 12 months, the fee will be calculated as if the Candidate were to enter into a full-time Employment Agreement with the Client for 12 months.
8.4. If required by applicable fiscal policies, VAT will be charged on the remuneration.
Article 9. Payment
9.1. The Client shall pay TRI’s invoices within Payment Term calendar days of the invoice date.
9.2. Invoicing occurs upon execution of the Employment Agreement between Client and Candidate.
9.3. If payment is not received within Payment Term days, TRI will issue one written reminder granting a final 7-calendar-day payment term.
9.4. Failure to pay within this 7-day term constitutes default by operation of law, without further notice required.
9.5. Upon default, interest at the rate of 1% per month shall apply from the original due date.
9.6. In the event of default, TRI will, without further notice:
a. Engage a debt collection agency and law firm;
b. Initiate legal proceedings;
c. Apply for a court order for payment;
d. Request a writ of seizure and sale on Client’s assets;
e. If grounds exist to believe Client is unable to pay its debts, file for Client’s winding up.
9.7. All reasonable costs of collection, judicial and extrajudicial, shall be borne by the Client.
9.8. The Client acknowledges that non-payment may result in legal and financial consequences up to and including winding up proceedings.
9.9. The Client is entitled to a 1% discount on the invoice value, provided that payment is made in full within a period of 48 hours after receiving the invoice. Payments made after this period will not be eligible for this discount.
9.10. Clients with access to a bank account within the SEPA (Single Euro Payments Area) may opt for a direct debit arrangement with our Dutch entity Tech Rise People. In this case, they are eligible for a 1.5% discount on their invoice total.
Article 10. Cross-Border Invoicing and Payment Terms
10.1. The Client acknowledges and agrees that invoices for services provided under this agreement may be issued by Tech Rise Services B.V., a Dutch entity affiliated with TRI, with its registered office at Panamalaan 3B and registered with the Dutch Chamber of Commerce under number 90964349. This cross-border invoicing arrangement is in compliance with applicable Singapore and Dutch laws and regulations. The Client agrees to honor these invoices as if they were issued directly by TRI, subject to all payment terms and conditions outlined in this agreement.
10.2. The Client is responsible for any local tax obligations that may arise from this international transaction. TRI strongly recommends that the Client consult with theirCertainly! Below is the rest of **Article 10** formatted for use in Elementor:
Article 10. Cross-Border Invoicing and Payment Terms
10.1. The Client acknowledges and agrees that invoices for services provided under this agreement may be issued by Tech Rise Services B.V., a Dutch entity affiliated with TRI, with its registered office at Panamalaan 3B and registered with the Dutch Chamber of Commerce under number 90964349. This cross-border invoicing arrangement is in compliance with applicable Singapore and Dutch laws and regulations. The Client agrees to honor these invoices as if they were issued directly by TRI, subject to all payment terms and conditions outlined in this agreement.
10.2. The Client is responsible for any local tax obligations that may arise from this international transaction. TRI strongly recommends that the Client consult with their tax advisors regarding any potential withholding tax or other tax implications under Singapore law.
10.3. All invoices issued by Tech Rise Services are payable in Euros (€). Any currency exchange costs or risks associated with payments to Tech Rise Services B.V. shall be borne by the Client.
10.4. Both parties agree to comply with all applicable laws and regulations, including but not limited to anti-money laundering laws, international sanctions, and foreign exchange regulations of both Singapore and the Netherlands.
10.5. Tech Rise Services B.V. reserves the right to use factoring services for invoice management and collection. The Client acknowledges and agrees that this may result in the assignment of invoices to a third-party factoring company. In such cases:
a. The Client will be notified of any assignment and provided with updated payment instructions.
b. The Client agrees to make payments as directed, which may be to the factoring company rather than to TRI or Tech Rise Services B.V.
c. The use of factoring does not alter the Client’s obligations under this agreement.
d. The Client agrees to cooperate with any reasonable requests from the factoring company, including but not limited to confirming receipt of goods or services.
Article 11. Liability
11.1. TRI is solely responsible for the introduction of a Candidate and cannot be held liable for the actions and/or omissions of the Candidate.
Article 12. Guarantee Scheme
12.1. If within 8 weeks of the Candidate’s entry into service the Employment Agreement ends, at the initiative of the Candidate or the Client, a guarantee scheme applies. The guarantee scheme entitles the Client to a replacement hire free of charge.
12.2. In order to make a claim under the guarantee scheme, the Client must inform TRI within 2 weeks, in writing, of termination of the Employment Agreement and subsequently specify the reason for termination.
12.3. The guarantee scheme does not apply if:
a. The termination of the Employment Agreement cannot be attributed to the qualities and/or acts and/or omissions of the Candidate;
b. The Client has not paid the fee owed to TRI in accordance with Article 7.1 within 30 days after the date of the invoice;
c. The Client does not have a legitimate reason to terminate the Employment Agreement.
Article 13. Applicable Law and Competent Court
13.1. This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates.
13.2. All disputes arising from these Terms, the recruitment and selection assignment, or other legal actions involving TRI, shall be exclusively resolved by the competent court in Dubai, United Arab Emirates.
