General Consultant Terms and Conditions

Below is a more detailed description of the terms and circumstances that apply to a collaboration between Trib and a Consultant.

Application

These terms apply to all advice and all services that Consultant provides to Trib (the Agency), together with additions and adjustments specified in the Assignment Agreement.

Contradictions

In the event of any inconsistencies between these General Terms and Conditions and the Assignment Agreement, the Assignment Agreement shall take precedence.

Changes and additions

Changes to and additions to an existing Assignment Agreement only apply if they have been confirmed in writing by both Parties.

The Assignment Agreement constitutes the entire agreement between the Parties regarding the Assignment. It supersedes and cancels any previous proposal, correspondence, agreement, or other communication, written or oral.

Services to be Provided

By entering into this Framework Agreement, the parties agree that the Consultant shall work collaboratively with the Agency on all for the moment conveyed assignments. The Agency will be responsible for all administration and contract arrangements for the assignments. 

The Consultant will provide services in accordance with the scope and specifications outlined in the supplementary Assignment Agreement. The Consultant shall perform the services with the degree of care and skill of a professional consultant and shall provide the Agency with regular progress reports as requested.

Assignment Agreement

Assignments are confirmed by a mutual Agreement signed jointly by the Agency and the Consultant in which the content of the Assignment is specified.

The Assignment Agreement shall be specified with regard to the nature of the Assignment, scope, fee, form of compensation, invoicing method, procedure, form of delivery, period of validity, any guarantees and the length of the Assignment and timeframe for completion.

Agreements on the above can also be made via e-mail or other traceable channels.

Compensation

The Agency shall pay the Consultant a fee for the services in accordance with the rate schedule set out in the Assignment Agreement.

All consultants have the possible option of handling their own assignments through the Agent, in addition to projects brokered by the Agent.

The assignment surcharge will be as follows:  

(a) For assignments activated by the Agency surcharge will be in average 20% of the total fee payable by the Client.
(b) For assignments activated by the Consultant, the Agency surcharges will be 5% of the total fee payable by the Client.

Referral program

In the case of a successful tip on a new business opportunity, or alternatively a candidate for an active assignment, the consultant receives 15% of the net value.

Recruitment assignment
25% of the total value of the assignment (15% of the net value) is paid to the Agent directly upon approval of the assignment agreement and the remaining 75% when the assignment is completed and the customer has paid the final invoice. A full recruitment assignment has an average net value of around SEK 140,000.

Consultancy assignment
Compensation is paid every third subsequent month, after the assignment start date, based on the total time attendance. The estimated net value per month is approximately SEK 20,000 and a project is on average six (6) months long. In the event of an extended assignment, continued remuneration is given to the consultant.

Candidate tips
This arrangement goes into effect when a candidate (who is not yet in Trib’s existing network and/or is not already considered for the assignment) is successfully tipped and hired for an actively published and/or communicated assignment. Payment to the consultant is made after the assignment has been completed and the associated invoicing has been completed. 

Maximum amount payable for referrals shall not exceed SEK 50 000.

The consultant has the right to take part in the approved agreement from the client, in order to thus be informed of the total earnings. 

Exclusivity

The Agency has exclusive partnership rights during the ordered and activated Assignment Agreement.

If an opportunity arises to provide new or additional services for the same client within 12 months of completing the last assignment, the Consultant is obliged to go through the Agency for the assignment, as outlined in the original Agreement.

The Consultant is also obligated to inform the Agency if presented with a request for permanent employment during the Assignment or within the exclusivity period (12 months).

Payment Terms

Assignments are performed based on an agreed fee, invoicing shall take place in accordance with the payment plan, specified in the Assignment Agreement.

Payment must be made in time, in accordance with the sent invoice. In the event of payment after the due date, default interest is added in accordance with the Swedish Interest Act.

The fee shall be paid within 30 days after receipt of the Consultant’s invoice unless other specific payment dates have been agreed in the Assignment Agreement. 

Expenses

The Consultant shall be responsible for all expenses incurred in connection with the performance of services under the assignment, including but not limited to travel and lodging expenses. Or must be pre-approved by the client according to the Assignment Agreement. 

Termination

Either party may terminate this Framework Contract upon 1 (one) month written notice to the other party.  The termination clauses for specific assignments will be detailed in the Assignment Agreement. The Consultant has the right to terminate the Assignment Agreement with immediate effect if The Agency has not paid after more than thirty (30) days after the payment reminder.

Confidentiality and intellectual property rights

The Consultant is required to maintain strict confidentiality regarding all confidential information obtained during the course of providing the Services, including information related to the Assignment Agreement or the other Party’s activities and affairs. The Consultant may only disclose such information if necessary to perform the Assignment and with the written consent of the other Party. The Consultant is also responsible for ensuring that any sub-contractor involved in the Assignment adheres to the same confidentiality commitment.

Confidential information refers to any technical, economic, or commercial information exchanged between the Parties during the Assignment or learned in any other way as a result of the Assignment. However, the Parties may be required to disclose confidential information in certain situations, such as due to constitutional, professional, or official obligations.

It is important to note that the Consultant does not acquire any ownership right over the Client’s intellectual property rights, data, or materials, regardless of their format or medium. This provision is in accordance with the terms outlined in the Assignment Agreement. Our commitment to maintaining confidentiality and protecting our clients’ intellectual property rights is of utmost importance.

Diversity

The Consultant and the Agency are committed to promoting diversity and inclusion in all aspects of their business, including but not limited to, their interactions with employees customers, suppliers, and other stakeholders. The parties will take appropriate steps to ensure that diversity and inclusion are integrated into their business practices, including but not limited to, employment practices, procurement processes, and the delivery of services.

More information about the Agencies policy is here: https://www.trib.se/all-and-everyone/

Liability limitation

The Consultant is liable, with the limitations stated below, to the Agencys clients for damage caused to the Client due to negligence on the part of the Consultant.

The liability for damages does not in any case include liability for consequential damages or indirect damages such as loss of profit, loss of or reduced turnover. The Consultant liability per Assignment is limited to the compensation for the Assignment, however, a maximum of 10 times the price base amount applicable at the time of the agreement in accordance with the Act (1962:381) on general insurance.

The Consultant is in no case liable for damage that is due to incorrect instructions or lack of documentation provided by the Client or if the Client was not involved in the realization of the Assignment.

Insurance

The Consultant must have liability insurance with an insurance amount corresponding to the liability amounts as above. The Consultant shall, at the request of the Agency, provide proof that such insurance exists.

Force Majeure

Under this Framework Contract, if a force majeure event occurs, such as an act of God, natural disaster, war, terrorism, riots, or government action, and it causes a party to fail or delay in performing its obligations, that party will not be held liable. The affected obligations will be suspended for the duration of the force majeure event. The party affected by force majeure must promptly notify the other party of the situation. This clause aims to ensure that neither party is responsible for events outside of their control. The Consultant is responsible for notifying the Agency immediately in the event of force majeure.

Disputes

Disputes arising from the parties’ Agreement and the conclusion thereof and related matters shall be settled by a public court with Stockholm District Court as the first instance.

Swedish substantive law shall apply and all related matters as between two Swedish legal entities, without the application of rules governing the choice of law.

Processing of personal data

In line with the Assignment and the General Data Protection Regulation (EU GDPR) enforced on May 25, 2018, the Agency will process personal data provided by the Consultant and obtained from internal and external sources. The Agency will implement technical and organizational measures to safeguard personal data from unauthorized access, alteration, or destruction. All personal data is processed according to GDPR standards, and information related to a specific Assignment is retained for up to 12 months, unless otherwise requested by the Consultant.

The Agency’s clients are responsible for establishing their own procedures for GDPR compliance regarding candidates processed under each Assignment. Both parties are considered data controllers.

Contract period and termination

This Agreement is valid from the date of signing and for the period specified in the Agreement.

A party may terminate the Agreement immediately upon notice by written notice to the other party if;

a) the other party in any essential respect violates the Agreement and has not made a correction within thirty (30) days of the written request; or
b) the other party is declared bankrupt, enters into composition negotiations, enters into liquidation or may otherwise be presumed to have become insolvent or if the other party is subject to a business ban and the party does not provide satisfactory security for its undertaking immediately upon request; or
c) if a party without the consent of the other party transfers the Agreement to another.

 

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