GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Good agreements make good friends

These are the general terms and conditions (hereinafter: "General Terms and Conditions") of SAKURA HR, with registered office at Olmenlaan 4, 3050 Oud-Heverlee, Belgium, and registered with the Crossroads Bank for Enterprises (CBE) under number BE1023.357.522. (Hereinafter: "SAKURA HR BV"). IBAN BE15 6451 1024 0030 BIC JVBABE 22.

Article 1 – Applicability: These general terms and conditions apply to all offers, assignments, and agreements concerning coaching, recruitment, and selection of personnel and candidates by SAKURA HR BV. These terms and conditions exclude all other general terms and conditions. A reference by the client to their own general terms and conditions is ineffective. An assignment is only considered final after written confirmation by both the client and SAKURA HR BV. Until that time, SAKURA HR BV reserves the right to refuse or modify the assignment.

Article 2 - Legislation and privacy: SAKURA HR BV acts in accordance with the legal regulations applicable to recruitment and selection agencies and the Personal Data Protection Act.

Article 3 - Rates and payment terms: All quotes and offers from SAKURA HR BV are non-binding, but upon approval, the rate becomes binding. Invoices must be paid within 15 days of the invoice date to benefit from the agreed rate; the payment term is included in this rate. If the invoice is not paid within this period, the rate will increase to the market-based rate for Executive Search, which is a 27% fee on the candidate's estimated gross annual salary or annual invoicing via a management company. This fee will be charged via a simple reminder letter. If an invoice is not paid within the agreed period, SAKURA HR BV reserves the right to immediately suspend further services, without the client being entitled to any form of compensation.

Article 4 - Retained recruitment: With retained recruitment, the entire assignment is outsourced exclusively to SAKURA HR BV for at least three weeks. The client agrees not to initiate parallel recruitment campaigns during the agreed-upon term of the assignment without written approval from SAKURA HR BV. The assignment is offered exclusively to SAKURA HR BV and cannot be simultaneously transferred to another recruitment agency. The client will not engage any other recruitment partners during the term of the assignment and will process all applications (both internal and external candidates) through SAKURA HR BV. If the client does select or hire candidates directly, the full agency fee remains due.

Article 5 - Best efforts obligation and liability: SAKURA HR BV undertakes a best efforts obligation. For this reason, no guarantee can be given regarding the outcome of the assignment. Before entering into an agreement with a candidate, the client is obligated to independently assess the candidate's suitability and remains responsible for its own investigation. The client is obligated to provide SAKURA HR BV with all information that may reasonably be relevant to the mediation process at the start of the application. The client is obligated to treat the candidate nominated by SAKURA HR BV and the information provided with this nomination correctly and with due care. This also means that the client is obligated to provide SAKURA HR BV with a report of this interview or feedback within 10 days of an introductory meeting with the candidate. If, during the execution of the assignment, the subject of the services is changed at the request of the client (or if the candidate's profile is modified), the original price will be increased in accordance with the additional work requested. If the client requests additional services not described in the agreement, these will be subject to an addendum, with separate invoicing. SAKURA HR BV is not liable for any damage or losses caused by candidates and is indemnified by the client against any claims from third parties. SAKURA HR BV can never be held liable for any indirect damage, consequential damage, loss of turnover, loss of profit, or damage resulting from decisions made by the client based on information provided by SAKURA HR BV. SAKURA HR BV is engaged for advice, coaching, and/or recruitment and selection, whereby the expertise and/or time spent searching for the candidate constitutes the largest part of the assignment. After entering into an agreement with the candidate, the client is responsible for the candidate's retention.

Article 6 - Confidentiality and Non-Disclosure Agreement: Both parties are obligated to maintain confidentiality regarding all confidential information obtained in the context of the collaboration. SAKURA HR BV and the client acknowledge that sensitive business information may be shared during the collaboration. This information may not be distributed, copied, or used for purposes other than the agreed-upon assignment without the written consent of the other party. This also applies after termination of the collaboration. The confidentiality obligation remains in effect for a minimum period of three years after termination of the collaboration, unless otherwise agreed in writing.

Article 7 - Candidate Recommendation and Exclusivity: If the client rejects a proposed candidate or the candidate rejects an offer, and an employment contract is subsequently concluded between the client and the candidate within 18 months, the full agency fee remains due. The client is prohibited from sharing candidate information with third parties or recommending these candidates outside of SAKURA HR BV. If this occurs, the client is liable for compensation equal to 27% of the candidate's gross annual salary.

Article 8 - Penalties for non-payment: In the event of late payment, default interest of 10% per year is automatically due, without prior notice of default, as well as a fixed compensation of 15% of the amounts due, with a minimum of €250 per invoice. All complaints regarding invoices must reach SAKURA HR BV by registered letter with a reasoned reason within ten calendar days of the invoice date. After this period, any complaint will be inadmissible.

Article 9 – Early Termination of the Assignment: If the client terminates an ongoing assignment prematurely without demonstrable reason or beyond the control or fault of SAKURA HR BV, the full brokerage fee remains due. If SAKURA HR BV terminates the collaboration prematurely, a settlement will be drawn up based on services already provided. If the client cancels an assignment after the search has already begun, additional compensation may be claimed if SAKURA HR BV has incurred demonstrable costs or lost income.

Article 10 - Disputes and applicable law: The agreement between the client and SAKURA HR BV is governed exclusively by Belgian law. In the event of a dispute, the parties will first attempt to reach a resolution through mediation. Only if this proves impossible will the dispute be submitted to the courts of Leuven.

https://www.sakurahr.be/algemene-voorwaarden

SAKURA HR is a recruitment boutique .

As a partner, we recruit permanent employee profiles with a keen eye for quality, personality, and cultural fit – in every sector, throughout Belgium. With years of recruitment expertise and a broad network, we make the difference: discreet, professional, and always tailored to your organization.

Our approach is well-thought-out, personalized, and efficient. You can choose a no-cure, no-pay formula or an exclusive partnership . In either case, we'll find a match that's not only right today but also continues to grow tomorrow. We're mindful of who someone is and can become.

SAKURA HR | Your success is our success