1. The legislation on private recruitment requires that each private recruitment agency publishes the text defining the rights of the job seeker and the employer. You will find this text and the code of ethics that every private recruitment agency must observe, via the following links:
2. Blake & Partners, FSM Group and its brands are part of the Ambitious People Group, who wishes to inform you of its practices with respect to the collection and use of your personal information (“personal data”). It complies with the Law on the Protection of Privacy of 8 December 1992. All personal data you provide to Blake & Partners may be stored in its databases. They will be used exclusively for the purpose of assessing an application. The candidate has the right to consult this data, to amend it and to have it deleted at any time, under the conditions described in the Law on the Protection of Privacy. You can find more information on this subject on the website of the Commission for the Protection of Privacy: www.dataprotectionauthority.be.
3. This website contains several types of data and items of information which are protected by trademark and copyright law. It is prohibited to transmit information from this site, in whole or in part, to third parties without the prior consent of Blake & Partners. However, you may make copies for your own personal use, to read or to browse the information. However, Blake & Partners cannot be held responsible for the completeness, accuracy or validity of the information published.
4. The content of this site, which is partially automated, is not tested for full legal compliance. In addition, it does not represent or contain the opinion of Blake & Partners.
5. Downloading information or clicking on links to third party sites is entirely at your own risk. Blake & Partners cannot be held liable for any damage or inconvenience caused by the use of this site or the data contained therein (including viruses and worms), or for any interruption of the Internet resulting from technical problems, or for the content of third-party sites.
6. Links, hyperlinks or framework links to this site are only permitted with the prior consent of Blake & Partners.
7. Please ensure that you do not send us attachments containing worms or viruses. Personal details provided to Blake & Partners must not contain the following: information about illnesses, information about pregnancy, any information concerning ethnic origin, political opinion, religious or philosophical beliefs, trade union membership, health and sexual orientation, defamatory or slanderous information or information not reasonably related to the job profile.
8. The information you send to us must be accurate and must not violate applicable laws and regulations or be a breach of public order. You undertake to indemnify Blake & Partners for any claim brought against it as a result of non-fulfilment of this obligation.
9. The activity of Blake & Partners consists, at the express request of clients or on its own initiative, of providing candidates specialising in the field of finance with a view to their recruitment under the terms of a contract of employment or in the form of a collaboration agreement concluded between the parties (the latter case applying to self-employed workers).
10. In the event that the Client wishes Blake & Partners to carry out a search for candidates on the basis of precise criteria, these criteria must be communicated to Blake & Partners as soon as possible and we will limit the guarantee offered by Blake & Partners to its clients (cf. Clause 23).
11. The task of Blake & Partners consists of and is limited to researching and verifying the skills, qualifications and general attitude of candidates for vacant positions then to be presented to the Client. Blake & Partners is in no way a party to the contract of employment or collaboration agreement signed subsequently and cannot bind the candidate in this respect.
12. A presentation is effective when a candidate is recruited on a temporary or permanent basis or in the case of a collaboration agreement. If, after a candidate has accepted a job offer from the Client or a collaboration agreement, the Client withdraws the offer before the candidate takes up their position, the Client will be charged a Blake & Partners management fee.
13. Any presentation is strictly confidential. In the event of the Client’s non-compliance with this clause, resulting in the recruitment of a candidate by a third party, the Client will pay all the fees to which Blake & Partners would have been entitled if the recruitment had been made by the Client. The term third party includes, but is not limited to, any associated company, affiliated with the Client or with which the Client has a relationship.
14. The Client will notify Blake & Partners without delay when a candidate's recruitment is completed and will provide Blake & Partners with a copy of the job offer made to the candidate. If the Client does not inform Blake & Partners of the recruitment of a candidate within 14 days of the candidate's start date, Blake & Partners will be entitled to the indemnity stipulated in their general terms and conditions.
15. The Client undertakes to provide Blake & Partners with any necessary order form within 14 days of the candidate's recruitment. If the Client fails to provide this document within the deadline, Blake & Partners will be entitled to issue an invoice without a purchase order.
16. If the recruitment of a candidate by the Client takes place within 12 months following a presentation of that candidate by Blake & Partners, the fees indicated in Clauses 18 and 19 of the general terms and conditions of Blake & Partners will be due to Blake & Partners.
17. The fees due to Blake & Partners are set in accordance with the general terms and conditions of Blake & Partners. The Client will provide Blake & Partners with a complete statement of all remuneration and benefits to be received by the candidate.
18. The fees invoiced by Blake & Partners will be due as soon as a candidate is recruited, including any recruitment made under the conditions set out in Clauses 13 and 14 hereof. Recruitment will be deemed to have taken place whether or not it is subject to completion of a probationary period.
19. Invoices issued by Blake & Partner will be payable in cash, on a net basis and without discount. In default of payment, the invoiced amount will automatically and without any prior formal notice produce interest at an annual rate of 12%. In addition, compensation of 15% of the sums outstanding, with a minimum of €125, will automatically be due as inclusive compensation and after formal notice by registered letter.
20. Any invoice issued by Blake & Partners will be deemed to have been definitively accepted by the Client if it is not contested within fifteen days of receipt, by registered letter setting out in detail the reasons for the contest.
21. The Client undertakes to check the candidate's references, with regard to his qualifications, skills, personality and experience and to verify that he or she meets the legal and medical requirements relating to the candidate, in particular those relating to obtaining a work permit if necessary and any formality related to the legal obligations concerning the performance of his or her activities.
22. Blake & Partners offers a guarantee to its Clients as to the qualifications, professional competence and conduct of the candidate presented (cf. Clause 11), for a period of eight weeks. Within this context, it is the Client's responsibility to check the candidate's qualifications, skills, personality and experience in order to ensure that they are in accordance with the information received from Blake & Partners within the framework of the candidate's presentation. The Client must also verify that the legal and medical requirements relating to the candidate are met, in particular those relating to obtaining a work permit if necessary and any formality related to the legal obligations concerning the performance of his or her activities.
As a guarantee and without prejudice to Clause 23 below, if the recruitment of, or collaboration with, the candidate is terminated within eight weeks of the beginning of the activity for valid and reasonable reasons related to the qualifications, professional competence or conduct of the candidate presented, Blake & Partners will reimburse the remuneration paid to Blake & Partners for the recruitment of the candidate for the Client in proportion to the number of weeks remaining to be worked by the candidate within the eight-week period mentioned above (for example: dismissal during the third week of employment, leaving 5 weeks before the end of the 8 weeks; reimbursement of 5/8ths of the remuneration).
In order to be admissible, any request relating to this guarantee must be made by registered letter within 14 days of the candidate's dismissal, accompanied by proof of the date of the candidate's dismissal and an explanation of the valid and reasonable grounds for the dismissal.
23. The guarantee given by Blake & Partners cannot be invoked in the following cases:
- a recruitment is cancelled without any valid reason (including if the candidate has been dismissed for economic reasons);
- Blake & Partners is not notified by an admissible request within the meaning of Clause 22 above;
- the fees are not paid to Blake & Partners within the period indicated in Clause 20 above;
- the cause of the cancellation is not related to the qualifications, capacity or conduct of the candidate;
- the candidate has been dismissed for serious reasons;
- for any case of non-compliance or dismissal due to force majeure;
- in the event of a commission of forgery or use of forgery by a candidate or a third party as part of Blake & Partners task.
24. The invalidity of one of the clauses of these contractual conditions does not affect in any way the validity of the other clauses of these conditions.
25. Blake & Partners cannot under any circumstances be held liable for any possible error of assessment (i) with regard to the candidate's references, qualifications, skills, personality and experience, (ii) with regard to the various legal and medical requirements relating to the performance of his or her work by the candidate being met, or (iii) for any consequence related to the use of false information by the candidate.
26. Unless otherwise expressly agreed in writing by the parties, these contractual terms and conditions constitute the only document governing the rights and obligations of the parties.
27. These contractual terms and conditions are binding on the Client and any beneficiaries.
28. These contractual conditions are governed by Belgian law.
29. In the event of any dispute arising with regard to the validity or application of these terms and conditions, the Courts in Brussels will have sole jurisdiction, the French version of these contractual conditions being the one which prevails.
