Business Terms for Companies

Acceptance

By requesting or accepting advisory or consultancy services from the company (“the Consultancy”), the Client agrees to be bound by all terms and conditions contained in this document. The Client’s continued engagement of services, including communication regarding any scope of work or tasks, confirms acceptance of these terms. These terms and conditions are irrevocable and may only be amended with the Consultancy’s written consent.

The Client must provide at least fourteen days’ written notice of any change to the Client’s name, address, city, postcode, country, email address, or other relevant details.

Cancellation and Termination

Either party may cancel or terminate services by providing written notice according to any mutually agreed engagement contract. If the Client initiates cancellation or termination before completion of the agreed services, fees may be incurred proportional to work already rendered. The Consultancy may terminate services if continuation is deemed contrary to the best interests of either party. In situations involving force majeure or events beyond the Consultancy’s control, services may be rescheduled or adapted. The Consultancy will communicate any necessary changes in a timely manner.

Scope of Services

The Consultancy offers advisory and consultant work focused on human resources management, talent management, and related services. These services are performed at the highest level of professionalism and care, but the Consultancy does not guarantee specific outcomes, as results may depend on external factors beyond its control. Any agreement concerning the scope and duration of services will be outlined in an engagement contract and may be modified upon mutual consent.

Client’s Disclaimer

The Client disclaims any right to rescind or cancel the contract, to claim damages, or to seek restitution on the grounds of any alleged misrepresentation made by the Consultancy. The Client acknowledges that all services are purchased on the basis of the Client’s own competencies, skills, and judgment.

Confidentiality

All information exchanged between the Consultancy and the Client is strictly confidential. Neither party shall disclose any such confidential material to third parties unless expressly authorised in writing. Any unauthorised disclosure may result in a penalty fee or other remedies as permitted by law. The Consultancy is fully committed to GDPR compliance and applicable Danish data protection laws. Information will only be shared with the explicit consent of involved parties, and all data is securely stored in accordance with relevant data protection regulations.

Data Protection

The Client authorises the Consultancy to collect, retain, and use any information about the Client for purposes such as assessing creditworthiness or marketing relevant services. The Consultancy may share such information with other credit providers or credit reporting agencies to manage references or debt collection. The Client may request a copy of any personal data held by the Consultancy and may request corrections if the data is inaccurate. The Consultancy respects all applicable data protection legislation and processes personal data in accordance with Danish and European data protection rules.

Company Responsibility

The Consultancy will use its best efforts to maintain a high level of integrity and service but does not assume liability for outcomes influenced by external factors. In all projects and advisory tasks, the Consultancy undertakes to carry out work in a professional manner. No warranty, whether express or implied, is given regarding the suitability of advice or recommendations for the Client’s particular needs. The Consultancy is not liable for any damages, losses, or expenses arising out of the Client’s use of advice or recommendations, unless liability cannot be excluded by law.

Fee and Payment

  • All fees are set out in the engagement contract or as otherwise agreed in writing;
  • Fees are generally payable in advance via bank to sustain the Consultancy’s low-price structure. For consultancy work, a fixed number of hours is agreed upon for each week;
  • The client pays for two weeks of consultancy work in advance, and a new invoice for the next two weeks of work is issued one week before the following 14 days of work take place;
  • The Consultancy reserves the right to charge an administration fee if payment is made by invoice rather than to the bank. At the turn of the year, the fee is adjusted based on the average salary increase in Danish society. At the beginning of 2024, a 5.2% increase was applied;
  • The Consultancy may halt or suspend an assignment if the Client has not paid fees when due;
  • The Consultancy is not liable for any indirect or direct loss stemming from delayed payments, including lost candidates or missed deadlines;
  • If non-payment causes a delay or lapse in the engagement, and resources must be reallocated, the Consultancy reserves the right to charge additional fees for any repeated search or advisory process.

Default and Consequences of Default

  • If invoices remain unpaid after the due date, interest may be charged daily at a rate of 2.5% per calendar month;
  • A reference fee of DKK 100.00 may also be added in accordance with Danish collection rules;
  • The Consultancy may cancel or suspend any current or future services if the Client fails to meet payment obligations;
  • All outstanding sums become immediately payable if the Client appears unable to satisfy payments as they fall due, if the Client becomes insolvent, convenes a meeting of creditors, or if a receiver or liquidator is appointed;
  • In the event that a company stops payment, the consultancy firm has the right to choose to report any outstanding payments to credit rating agencies.

Intellectual Property

All materials, resources, and insights provided in the course of delivering advisory services remain the Consultancy’s intellectual property and are intended solely for the Client’s internal use. These may not be reproduced, shared, or distributed to third parties without the Consultancy’s prior written consent.

Limitations and Liability

  • The Consultancy endeavours to provide accurate and reliable advisory services but cannot guarantee specific outcomes;
  • Any recommendations or conclusions drawn are based on the information and instructions provided by the Client, and the Client accepts full responsibility for implementing such advice;
  • The Consultancy is not liable for any loss, damages, or unintended consequences arising from the use of its services, except where liability cannot lawfully be excluded. In the event of any breach by the Consultancy, the Client’s remedies are limited to compensatory damages, capped at the amount of the fees for the specific service concerned.

Force Majeure

Should extraordinary events such as natural disasters, governmental restrictions, or similar circumstances beyond the Consultancy’s control occur, the Consultancy may modify, reschedule, or suspend services without liability. The Consultancy will communicate any disruptions promptly and work with the Client to establish new arrangements if feasible.

Governing Law and Jurisdiction

  • These terms are governed by Danish law. Any disputes arising under or in connection with these terms are subject to the exclusive jurisdiction of Danish courts, in the Copenhagen area;
  • In the event that any clause is found to be invalid or unenforceable, the remaining provisions remain in force.

Other Consultancy Work

  • The Consultancy uses standard hourly rates for advisory work at national, regional, and global levels. When undertaking any advisory project, the minimum charge is for two hours unless otherwise agreed;
  • Reduced fees may be available to NGOs engaged in purely neutral humanitarian work, subject to prior approval.

Security and Charge

  • Where the Client or any guarantor holds assets capable of being charged, they agree that the Consultancy may secure charges against such assets if payment is in default, in accordance with applicable legal procedures;
  • The Client and any guarantor indemnify the Consultancy for all related costs or disbursements.

Terms

All advisory and consultancy services provided by the Consultancy are subject to these terms and conditions. In the event of any conflict between these terms and those provided by the Client, these terms prevail unless the Consultancy agrees otherwise in writing.

Introduction

Where the Consultancy’s engagement includes recruitment-related tasks, the Client acknowledges that introductions of candidates occur when the Client requests candidate details or interviews. Any instructions regarding recruitment are deemed acceptance of the terms set forth below.

Client’s Responsibilities in Recruitment

  • The Client is responsible for verifying each candidate’s qualifications, suitability, and right to work in the relevant jurisdiction. This includes reference checks, confirmation of academic or professional qualifications, and any medical examinations required;
  • Where a candidate relocates for a role, the Client is responsible for organising visas, work permits, expatriate insurance, and any necessary vaccinations, as well as covering the associated costs;
  • In the event that a candidate is invited to a personal meeting, the client must cover the expenses associated with the candidate travelling either to us as consultants or to the company;
  • The mode of travel is agreed upon with the company in advance. The client must also pay for temporary travel insurance if the candidate is not covered by EU or Danish insurance;
  • The Client must also be familiar with all relevant employment legislation;
  • If multiple candidates introduced by the Consultancy are hired, the Client shall pay the Consultancy’s fees for each hire;
  • The Client must notify the Consultancy of any recruitment resulting from an introduction and provide the agreed employment terms within thirty days;
  • Any advertising costs incurred will be covered by the Client, either directly or through reimbursement to the Consultancy, subject to written agreement.

Cancellation and Termination in Recruitment

The Client must promptly respond when the Consultancy presents a candidate. If the Client fails to schedule an interview within five working days of presentation and the candidate is lost due to this delay, the Consultancy is entitled to charge an additional fee for procuring replacement candidates, based on the extra hours required. Standard rules for cancellation and termination also apply to recruitment services. The Consultancy reserves the right to terminate recruitment services if continuation is deemed contrary to either party’s best interests.

Confidentiality in Recruitment

All candidate information shared with the Client is strictly private and confidential. The Client shall not forward details of any candidate to third parties without the Consultancy’s prior written consent. Breach of this confidentiality may entitle the Consultancy to charge a penalty fee equal to the original placement fee for each candidate whose information was improperly shared.

Guarantee Period for Placed Candidates

  • If a candidate placed by the Consultancy ceases employment within three months of commencement, the Client must inform the Consultancy before taking any steps to dismiss the candidate. The Consultancy retains discretion whether to supply a replacement or offer a partial refund the first 3 months, if a candidate leave the company. No guarantee applies if the Client has not met all fee and payment obligations, if the candidate’s departure is caused by redundancy, site closure, restructuring, or if the role has changed significantly from the original job specification;
  • Sales-related roles, such as sales representatives or directors, are not covered by this guarantee. If a guarantee does apply and the Consultancy cannot find a replacement candidate within twelve weeks, the Consultancy may offer a proportional refund. No refund applies after three months;
  • A standard guarantee of 3 months is provided for a candidate remaining in a company. The guarantee covers the presentation of one additional candidate by the consultancy firm. This guarantee does not apply to sales positions;
  • The company is obligated to contact the consultancy firm if it wishes to terminate an employee within the first 3 or 6 months; otherwise, the guarantee becomes void. The client must provide us with a copy of the employment contract so that we can adjust the fee accordingly in relation to the final determination of the recruitment fee;
  • If a longer guarantee is required, an additional 1.5% per month is added to the existing fee. This fee is calculated based on the annual salary ultimately agreed upon between the candidate and the company;
  • The company is obligated to contact the consultancy firm if it wishes to terminate an employee within the first 3 months; otherwise, the guarantee becomes void. The client must provide us with a copy of the employment contract so that we can adjust the fee accordingly in relation to the final determination of the recruitment fee;
  • The consultancy firm presents up to three candidates in a recruitment process. Candidates are selected based on the total pool of matching talent in relation to the specific position;
  • Once a company and a candidate sign an employment contract, the recruitment process is considered completed.
  • The company acknowledges that, for confidentiality reasons, it will not be granted access to the full candidate database.

Candidate Responsibilities

  • Candidates must provide accurate information during the recruitment process. If a candidate is found to have submitted false or misleading data, the Consultancy may revoke any active application, withdraw a job offer, or share relevant information with the Client;
  • Candidates have the right to request the deletion of their personal data, subject to the Consultancy’s obligation to maintain minimal records of such requests in accordance with data protection regulations;
  • Candidates are not entitled to bring claims against the Client or the Consultancy if false information resulted in rejection or termination.

Disclaimer for Recruitment

  • The Consultancy interviews candidates and prepares assessments based on information supplied by them;
  • The Consultancy does not accept responsibility for errors, omissions, or misrepresentations made by candidates;
  • The Client agrees that the Consultancy is not liable for any losses, expenses, or damages arising out of the hiring or performance of a candidate;
  • The Client is advised to familiarise itself with all relevant employment legislation and acknowledges that any legal compliance issues rest solely with the Client.

Placement Fees and Payment Terms for Recruitment

  • Fees for recruitment assignments are detailed in the engagement contract or a written quote. Payment terms align with the Consultancy’s standard practices, including advance payment for certain packages or tasks;
  • If the Client prefers to pay by invoice, the full amount must be received within seven days. Should the Client default or delay in payment, the Consultancy may cease all recruitment activities until payment is fulfilled;
  • Any additional costs incurred due to lost candidates or a need to restart the search may be charged to the Client.

In the event of an outbreak of COVID-19, similar infectious diseases, or other public health crises, including but not limited to pandemics officially declared by the World Health Organization, the European Centre for Disease Prevention and Control, or relevant national authorities, it is acknowledged that adjustments to work schedules, development plans, and methods of collaboration, including remote work arrangements, may be necessary. Both parties agree to adapt the terms of engagement in good faith to ensure the continuation of services while maintaining compliance with public health regulations and safety measures.

Where such circumstances cause disruptions that make normal operations impossible or significantly hinder the ability to deliver services as originally planned, reasonable modifications shall be introduced to accommodate the situation. These modifications may include adjustments to deadlines, the restructuring of agreed deliverables, or a temporary shift to remote consultancy work to ensure the continuity of advisory services. The consultant shall not be held liable for delays, temporary suspensions, or adjustments resulting from restrictions imposed by governments, health authorities, or other official bodies.

In the case of a regional or global war, military conflict, or government-imposed restrictions due to geopolitical instability, both parties acknowledge the necessity of reassessing the feasibility of the contractual obligations. If travel restrictions, mandatory evacuations, or safety concerns prevent the consultant from fulfilling obligations under the original agreement, the contract may be subject to renegotiation, temporary suspension, or termination without financial penalties. Should it remain possible to deliver services remotely or through alternative arrangements, such adjustments shall be prioritised before considering termination of the contract.

If a pandemic is declared and restrictions are introduced that prevent work from proceeding under normal conditions, the consultant shall have the right to restructure, delay, or suspend obligations without being deemed in breach of contract. The parties shall engage in good faith discussions to determine a reasonable course of action, taking into account the evolving nature of the crisis. If continuing the contract is deemed unfeasible due to prolonged restrictions, the consultant shall have the right to terminate the agreement without liability, with payments settled in accordance with the work completed up to that point.

Both parties agree to act in good faith to navigate any such crises with fairness and flexibility, ensuring that neither party is unduly disadvantaged by circumstances beyond their control. No penalties, damages, or liability shall be imposed on the consultant for disruptions arising directly from government-imposed restrictions, quarantine measures, military conflicts, or other force majeure events that render the fulfilment of obligations impossible or unsafe.

These terms and conditions form a binding agreement between the Consultancy and the Client for both advisory and recruitment services. Any engagement letters, proposals, or related documentation must be read in conjunction with these terms. The Client’s ongoing participation in, or acceptance of, any of the Consultancy’s services confirms full consent to these provisions.

Lat updated Januar 1, 2025 at 11:00 am

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