Representation Form
DASAP Consulting BVBA
Terms and Conditions
A) Requestor: a company that delivers recruitment and/or staffing services to find ‘specific profiles on the labor market’ or a Consultancy company delivering
B) Provider: DASAP Consulting Bvba, legally represented by its managing director Davy Pelssers.
C) End-customer: the company that has directly or indirectly requested the requestor to provide people with specific
D) Exclusive right of representation: this means that the requestor has the exclusive right to represent a Consultant at an end-customer only for a specific job specification (as stipulated in chapter 4.2.) and this within a restricted period of time mentioned in chapter 4.2.
A) Requestor:
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Represented by: ____________________________
B) Provider:
DASAP Consulting Bvba
Dorpsstraat 49
3460 Bekkevoort
Represented by: Davy Pelssers – Managing Director
C) End-customer:
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Contact Person: _________________________
The following terms and conditions apply for the requestor once he (intends to) forward(s) a CV to an end-customer, which has been provided by the Provider.
As of
Exclusivity of representation can only be legally hold against DASAP consulting and/or the end-customer as soon as the requestor has fulfilled all terms and conditions in chapter 4.0.
Validity period for exclusive representation:
After initial contact between the Requestor and the Provider about a requirement or job specification which needs to be filled in at an end-customer, the Requestor has a maximum of 2 weeks time to provide all necessary details about this specific Job Specification to the Provider.
The validity period for exclusive representation will be up to 2 weeks starting at the moment where DASAP consulting has received sufficient information concerning the Job specification details
The 2 weeks allow the requestor to do the following:
- collect specific details concerning:
o the Skills from the
o answer additional questions from both the end-customer or the provider concerning a match for the job requirement
- Arrange a telephonic or direct interview with the end-customer should he be interested, or at least bring the
- If for some reason the requestor is not able to perform the points mentioned above, he should clearly indicate why this is the case in the form of a written email addressed to the managing director of the provider.
No CV or contact details of a
Before sending out the CV or contact details of the
A clear Job Description or role that is currently available at the end-customer should be mentioned. This requirement is necessary in order to avoid being presented to any customer without a clear requirement from the end-customer itself.
B) Location and address details where the actual working place of the consultant will be.
C) Initial contract duration
The contract duration mentioned in the Job specification should be realistic and have been put in writing by the end-customer. This requirement has been added in order to avoid that the Requestor offers a non realistic contract duration which never was offered by the end-customer in the first place.
D) Minimum/Maximum rate the end-customer wants to pay for the required
The Requestor should clearly indicate upfront, meaning before sending out the CV to the end-customer, if the standard rate the Provider is asking, lies in range with the budget of the End-customer. This requirement is necessary in order to avoid being proposed by a Requestor to an end-customer at a certain rate, and at the end of the drive getting offered a much lower rate as initially discussed. If the last scenario would be the case, the requestor can not claim any rights from the provider or the end-customer connected to the fact that the requestor has represented a consultant of the provider at the end-customer.
In every case the provider will indicate the following information:
- The normal rate (hourly or daily rate) at which a consultant will provide services at an end-customer (exclusive costs for accommodation –hotel- if required)
- Depending on the contract duration, the provider can lower the normal rate if the duration of the contract is more than 6 months, but in such a case the requestor should really take this argument into account when negotiating with the end-customer and not take this discount for granted.
The requestor is not obliged to give out the details about the end-customer before following aspects about the job specification were discussed and have been made clear in writing to the provider:
- job description
- initial contract duration
- the minimum/maximum rate
However, as soon as the above aspects of the job specification are clear for the provider and he wants to let the requestor proceed with the exclusive representation, the correct details about the end-customer (Customer Name, working location and contact person at the end-customer) should be submitted to the provider. This is an important aspect for the provider, since depending on the location, it might be necessary to foresee in accommodation such as hotel or apartment near the customers working location. This might have an impact on the (all-in) rate the provider will agree upon to sell its consultant at.
The requestor can have no legal arguments against or claim any fee from the provider and the end-customer in following cases:
1) The requestor did send forward a consultant’s profile of the provider to the end-customer without having received a written approval from the provider.
A written approval will be sent to the requestor by email as soon the requirements concerning the job specification have been fulfilled.
2) In the case where the requestor has provided the necessary details about the job specification and did receive a written confirmation from the provider, it still is possible that the ‘(exclusive) representation’ by the requestor is not valid due to the following reasons:
a. The requestor is not officially allowed or treated as a business partner that may provide external consultants to the end-customer. It is the obligation of the requestor to find out if they may provide “external consultants” to this particular end-customer before sending out any CV provided by the provider.
i. This can be the case when the end-customer is officially only dealing with preferred suppliers.
ii. There has been collaboration between the requestor and the end-customer in the past, but due to bad service or aggressive selling methods, the end-customer is no longer interested in any sort of collaboration with the requestor.
iii. During the negotiations between the requestor and the end-customer, the representative of the requestor is not behaving in a respectful or appropriate way towards the end-customer in order to come to a mutual agreement in terms of contract negotiations.
b. The requestor has provided false information, or has been deliberately making the job specification look nicer in terms of contract duration, possible rate which is not conform the input the end-customer has delivered to the requestor.
If the provider has reason to assume that one or both of the above mentioned reasons are valid, the provider is allowed to directly contact the end-customer to verify some basic details and to end further collaboration with the requestor without any further consequences. In such a case the provider can work directly or via another third party together with the end-customer. In both scenarios neither the end-customer nor the provider can be legally obliged to pay any fee to the requestor.
As soon as the provider has received all necessary information about the job specification, followed by a written approval by the provider, the provider will commit to the following:
- he will not give out the received information about the job specification to other parties
- he will have provided a correct and up-to-date CV of the proposed consultant to the requestor
- if required by the end-customer, he will provide references and contact details of persons the proposed consultant has worked with in the past
- he will make sure that the proposed consultant will not be put forward by any other party than the requestor mentioned in the representation form that has been sent to the requestor by email or post.
- Assuming the details provided by the requestor in the job specification are correct, the provider will not ask for a higher rate as initially provided to the requestor as soon as the consultants profile has been sent forward to the end-customer.